Victorian Consolidated Legislation

Crown Land (Reserves) Act 1978 - SECT 17A

Continuation of uses of reserved land for purposes other than those for which it is reserved-licences and agreements

17A. Continuation of uses of reserved land for purposes other than those for
which it is reserved-licences and agreements



(1) Where, in relation to any land reserved under section 4-

   (a)  immediately before the commencement of the Crown Land (Reserves)
        (Amendment) Act 1984-

   (i)  a person or body habitually used any portion of the land or any
        building thereon;

   (ii) a person or body operated services or facilities on the land; or

   (iii) there was a building or structure which had been erected by a person
        or body on the land;

   (b)  the land has not been certified under section 17(1), or the use of the
        land, operation of the services or facilities or erection of the
        building or structure (as the case may be) is for a purpose not
        consistent with the purpose of the reservation of the land;

   (c)  the trustees or committee of management of the land or, where there
        are no trustees or committee of management, the Director-General of
        Conservation, Forests and Lands or a person authorized by the
        Director-General certified, before the expiration of one year after
        the commencement of the Crown Land (Reserves) (Amendment) Act 1984,
        that the habitual use or operation of services or facilities was
        occurring immediately before the commencement of that Act, or the
        building or structure was on the land immediately before the
        commencement of that Act-

notwithstanding anything in this Act and notwithstanding any regulations made
under section 13 relating to the land, the trustees or committee of
management, or where there are no trustees or committee of management, the
Director-General of Conservation, Forests and Lands or a person authorized by
the Director-General may, with the approval in writing of the Minister, where
the Minister so approves the purpose for which the land or building was used
or the service or facility operated or the building or structure erected-

   (d)  grant a licence to the person or body to enter and use that portion of
        the land or that building for a period not exceeding three years;

   (e)  enter into an agreement with the person or body to operate the service
        or facility on the land for a period not exceeding three years; or

   (f)  enter into a tenancy agreement with the person or body who erected the
        building or structure-

as the case requires, for the purpose so approved.

(2) Subparagraphs (i) to (iv) of section 17B(1)(c) shall apply to any
agreement entered into under paragraph (f) of subsection (1) of this section.

(3) Subsection (1) shall not apply to land reserved under section 4-

   (a)  which is reserved for a purpose specified in paragraph (l), (m), (n),
        (o) or (ze) of subsection (1) of section 4 or deemed by subsection (6)
        of that section to be reserved for the protection of the coastline,
        unless notice has been given by the Governor in Council under section
        10(3) of the Land Conservation Act 1970 of a recommendation in respect
        of the land made under section 5(1)(a) of that Act and the granting of
        a licence or entering into of an agreement under paragraph (d), (e) or
        (f) (as the case may be) of subsection (1) is consistent with the
        recommendation;

   (b)  which is reserved for a purpose specified in paragraph (w) of
        subsection (1) of section 4 and referred to in a recommendation in
        respect of the land made under section 5(1)(a) of the Land
        Conservation Act 1970, notice of which has been given by the Governor
        in Council under section 10(3) of that Act, as a coastal park, a
        regional park or a state park, unless the granting of a licence or
        entering into of an agreement under paragraph (d), (e) or (f) (as the
        case may be) of subsection (1) is consistent with the recommendation;
        or

   (c)  which has been placed under the control and management of an authority
        pursuant to section 18(1).