Victorian Consolidated Legislation

Footscray Land Act 1988 - SECT 11

Exchange of land by Crown and Public Transport Corporation

11. Exchange of land by Crown and Public Transport Corporation



(1) The Minister administering the Crown Land (Reserves) Act 1978, on
receiving a plan of survey signed by the Surveyor-General of the hatched land
and the cross-hatched land, may recommend to the Governor in Council that-

   (a)  the hatched land be vested in the Crown; and

   (b)  the cross-hatched land be vested in the Public Transport Corporation.



(2) The Governor in Council, on the Minister's recommendation under
sub-section (1), may, by Order published in the Government Gazette, declare
that the lands to which the plan of survey applies vest in accordance with
that recommendation.

(3) An Order under sub-section (2) must include a copy of the plan of survey
of the land to which it applies.





(4) On the publication in the Government Gazette of an Order under sub-section
(2)-

   (a)  the cross-hatched land vests in fee simple in the Public Transport
        Corporation for the purposes of the Transport Act 1983, subject to any
        terms, conditions, covenants, reservations, exceptions, limitations or
        restrictions that the Governor in Council determines by notice
        published in the Government Gazette; and

   (b)  the hatched land-

   (i)  is divested from the Public Transport Corporation and vests in the
        Crown; and

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

   (iii) is deemed to be temporarily reserved under the
        Crown Land (Reserves) Act 1978 for public recreation and tourism.

(5) On the vesting of land in the Crown under sub-section (4)(b), all
responsibilities and liabilities of the Public Transport Corporation in
respect of the land cease.

(6) In this section-



"cross-hatched land" means the land shown cross-hatched on the plan in
Schedule 3 or that land as nearly as practicable or, if the Minister
administering the Crown Land (Reserves) Act 1978 and the Minister
administering the Transport Act 1983 agree to a variation of the boundaries of
that land, such land as is so agreed;



"hatched land" means the land shown hatched on the plan in Schedule 3 or that
land as nearly as practicable.