Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 55

Surrender or divesting of land of public authorities and Councils

55. Surrender or divesting of land of public authorities and Councils



(1) The Governor in Council may, by Order published in the Government Gazette-

   (a)  require a public authority or Council in which land in the Project
        area is vested to surrender that land to the Crown; or

   (b)  divest land in the Project area from a public authority or Council.

(2) Subsection (1) applies whether or not that land was vested in the public
authority or Council by or under an Act or by any other means.

(3) Subsection (1) does not apply to land that is reserved under the
Crown Land (Reserves) Act 1978.

(4) A public authority or Council must comply with a requirement under
subsection (1)(a).

(5) A power may only be exercised under subsection (1) on the joint
recommendation of the Minister and-

   (a)  in the case of a public authority, the Minister administering the Act
        under which the public authority is established; or

   (b)  in the case of a Council, the Minister administering the
        Local Government Act 1989.