Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 57

Effect of surrender or divesting

57. Effect of surrender or divesting



(1) This section applies to land on-

   (a)  the conveyance to the Crown or the registration of an instrument of
        transfer and surrender to the Crown of the land that a public
        authority or Council is required to surrender under section 55(1)(a);
        or

   (b)  the publication in the Government Gazette of an Order under section
        55(1)(b) in respect of the land; or

   (c)  the publication in the Government Gazette of an Order under section 56
        in respect of the land.



(2) The land is deemed to be unalienated land of the Crown and is freed and
discharged from all trusts, limitations, reservations, restrictions,
encumbrances, estates and interests.

(3) Unless the relevant Order under section 55 or 56 expressly excludes the
operation of this subsection, if any part of the land is or is being used as a
road-

   (a)  that part of the land ceases to be a road; and

   (b)  all rights, easements and privileges existing or claimed in that part
        of the land either in the public or by any body or person as incident
        to any express or implied grant, or past dedication or supposed
        dedication or by user or operation of law or otherwise, cease.

(4) Unless the relevant Order under section 55 or 56 expressly excludes the
operation of this subsection, if any part of the land is the bed, soil and
banks of a river, all rights, easements and privileges existing or claimed in
that part of the land either in the public or by any body or person as
incident to any express or implied grant, or past dedication or supposed
dedication or by user or operation of law or otherwise, cease.

(5) The land is deemed to be temporarily reserved under section 4(1) of the
Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the
purposes of the Project.

(6) This section has effect despite anything to the contrary in section 175A
of the Water Industry Act 1994, section 10 or clause 1 of Schedule 5 to the
Road Management Act 2004 or any other Act.