Victorian Consolidated Legislation

Commonwealth Games Arrangements Act 2001 - SECT 29

Grant of land to Secretary

29. Grant of land to Secretary



(1) The Governor in Council, on behalf of the Crown, may grant to the
Secretary for the purposes of a Commonwealth Games project for an estate in
fee simple-

   (a)  land divested or surrendered under section 30 or 31; or

   (b)  any other unalienated land of the Crown that is not reserved or deemed
        to be reserved under the Crown Land (Reserves) Act 1978.

(2) A grant of land-

   (a)  under subsection (1)(a) must be made on the recommendation of the
        Minister;

   (b)  under subsection (1)(b) must be made on the joint recommendation of
        the Minister administering Part IX of the Land Act 1958 and the
        Minister administering the Crown Land (Reserves) Act 1978.

(3) The Governor in Council, as a condition of granting land to the Secretary,
may require the Secretary to agree to pay into the Consolidated Fund or, if
the land was surrendered by or divested from a public body, to that body, an
amount or amounts at the times or over the period determined by the Governor
in Council.





(4) A condition under subsection (3) may only be imposed on the joint
recommendation of-

   (a)  the Minister and the Minister responsible for the public body, in the
        case of land surrendered by or divested from a public body; or

   (b)  the Minister and the Minister administering Part IX of the
        Land Act 1958 and the Minister administering the
        Crown Land (Reserves) Act 1978, in any other case.

(5) The grant-

   (a)  if it is of land covered with waters of the sea, must be to a depth
        not greater than 60 metres below high water mark; and

   (b)  if it is for other land, must be to a depth not greater than 60 metres
        below the surface of the land; and

   (c)  may contain any other terms, covenants, conditions or limitations that
        the Governor in Council determines.

(6) Land may be granted to the Secretary with or without consideration being
given by the Secretary.

(7) Sections 339A and 339B of the Land Act 1958 apply to a grant of land under
this section as if it were a grant of land in fee simple under that Act.