CROWN LAND (RESERVES) ACT 1978 - SECT 11 Power to amend or revoke permanent reservations
CROWN LAND (RESERVES) ACT 1978 - SECT 11
Power to amend or revoke permanent reservations(1) Where—
S. 11(1)(a) amended by No. 81/1989 s. 3(Sch. item 8.3).
(a) the bed or channel of any waterway or any Crown land on either side of the same is permanently reserved by Order in Council under this Act; and
S. 11(1)(b) amended by No. 81/1989 s. 3(Sch. item 8.3).
(b) after the date of such Order the course of such waterway is altered (whether by natural or artificial means); and
(c) the bed or channel as so altered and any Crown land on either side thereof are permanently reserved by Order in Council under this Act—
the Governor in Council may by the Order referred to in paragraph (c) or any subsequent Order revoke or amend the first-mentioned Order in whole or in part so far as the same is no longer applicable to the altered circumstances.
S. 11(2) amended by Nos 46/1998 s. 7(Sch. 1), 24/2006 s. 6.1.2(Sch. 7 item 11.2).
(2) Where any land is permanently reserved for the purposes of the Education and Training Reform Act 2006 or any corresponding previous enactment and the Minister administering the Education and Training Reform Act 2006 certifies in writing that such land or any part thereof is no longer required for such purposes the Governor in Council by Order published in the Government Gazette may revoke such reservation as to the whole or any part of such land.
S. 11(3) amended by Nos 46/1998 s. 7(Sch. 1), 24/2006 s. 6.1.2(Sch. 7 item 11.2).
(3) Where any land the permanent reservation of which is revoked under subsection (2) is vested by Crown grant in the Minister administering the Education and Training Reform Act 2006 —
(a) on the day on which the revocation of such permanent reservation is published in the Government Gazette the Crown grant in so far as it relates to such land shall be revoked made void and annulled; and
(b) such land shall be deemed to be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations restrictions and limitations whatsoever.
S. 11(4) inserted by No. 42/2021 s. 47.
(4) A permanent reservation of land in the Great Ocean Road coast and parks may be revoked by a Reservation Order within the meaning of section 3 of the Great Ocean Road and Environs Protection Act 2020 .
S. 11A inserted by No. 62/2010 s. 110.