Victorian Consolidated Legislation

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Aboriginal Lands Act 1991 - SECT 4

Closure of roads

4. Closure of roads



(1) The Minister may recommend to the Governor in Council that an Order be
made in accordance with subsection (4).

(2) If a person holds a fee simple in land abutting the land shown
cross-hatched in the plan in Schedule 4, the Minister administering the
Crown Land (Reserves) Act 1978 must grant to that person a reasonable right of
access to his or her land which will in the Minister's opinion allow that
person to use his or her land.

(3) A right of access mentioned in this section may be granted and exercised
despite anything to the contrary in any Act or law or in any Crown Grant of
the land issued on or after the commencement of this Act.

(4) On the recommendation of the Minister, the Governor in Council, by Order
published in the Government Gazette, may declare that the roads shown
cross-hatched on the Plans in Schedules 2 and 4 are closed.

(5) Subject to subsections (2) and (3) on the publication in the Government
Gazette of an Order under subsection (4)-

   (a)  all rights, easements and privileges existing in or claimed by either
        the public or any body or person as part of any express or implied
        grant or past dedication or supposed dedication or by user or by
        operation or any fiction of law shall cease; and

   (b)  the land is deemed to be unalienated Crown land.



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