Victorian Consolidated Legislation

EastLink Project Act 2004 - SECT 63

Effect of revocation of reservation

63. Effect of revocation of reservation



(1) This section applies to-

   (a)  land referred to in section 60(1) or 60(2), on the commencement of
        that subsection;

   (b)  land referred to in an Order under section 61, on the publication of
        that Order in the Government Gazette;

   (c)  land shown on a plan to which an Order under section 62 applies, on
        the publication of that Order in the Government Gazette.

(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 61 or 62 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 61 or 62 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 appointment of any committee of management is revoked in so far as it
applies to the land.

(6) Any regulations made under section 13 of the
Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the
land.



(7) 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.

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