Victorian Consolidated Legislation

Crown Land (Reserves) Act 1978 - SECT 17C

Continuation of uses of land for purposes other than those for which it is reserved-leases

17C. Continuation of uses of land for purposes other than those for which it
is reserved-leases



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

   (a)  immediately before the commencement of the Crown Land (Reserves)
        (Amendment) Act 1984 a person or body habitually used any part of the
        land for a purpose other than the purpose for which it is reserved;
        and

   (b)  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 had taken place 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
of the land may, with the approval in writing of the Minister, if the Minister
so approves of the purpose for which the land has been habitually used, grant
a lease of that part of the reserved land for that purpose and where there are
no trustees or committee of management of the land, the Minister may grant
such a lease for the purpose for which the land has been habitually used.





(2) 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 made under
        section 5(1)(a) of that Act and the granting of a lease under
        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 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 lease under 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).