LAND ACT 1958

Victorian Consolidated Legislation

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LAND ACT 1958

No. 6284 of 1958
Version incorporating amendments as at 1 July 2007

TABLE OF PROVISIONS

Section Page
1. Short title and commencement
2. Repeals and savings
2A. Definitions

PART I-CROWN LANDS GENERALLY

3. Definitions
3A. Application of Road Management Act 2004.
4. Application of Part 4A. Minister may purchase lands

Division 1-Repealed

5-11. Repealed

Division 2-Grants and reservations

12. Governor in Council may convey land under this Part 12A. Exchange of Crown land
13. Land acquired by Crown or Board may be conveyed
14-16. Repealed
17. Registration of Crown purchases to have same effect as enrolment
18-22. Repealed
22A. Power to public authorities to surrender lands
22B. Repealed
22C. Attorney-General may authorize surrender of lands to Her Majesty
22D. Surrender of land by municipality
22E. Surrendered land to be deemed unalienated land of Crown
22F, 22G Repealed
23. Escheated and forfeited lands may be conveyed
24. Grant by Governor on behalf of Her Majesty to be valid
25. Governor in Council may divide territory into counties etc.
26. Crown grants and leases to be dated

Division 3-Administration

27. Appointment of land office and land officer
28. Application for a lease or licence
29. Applications to be entered
30. Repealed
31. Duties of bailiffs
32. Authority of persons appointed under this Act
33. Several persons may be appointed to do the same act
34. How applications etc. to be heard
35. Penalty for false statement etc.
36. Power to Governor in Council to withdraw lands from sale etc.
37. Minister to lay annual report before Parliament

Division 3A-Repealed

37A. Repealed

Division 4-Perpetual leases
Subdivisions 1-3-Repealed

38-52. Repealed
53. Power to select allotment under perpetual lease
54. Application of subdivision
55. Conditions in perpetual lease
56. Rent under perpetual lease
57. Recovery of rent and interest
58. Power of perpetual lessee to surrender lease
59. Ante-dating of lease
60. Limit of land to be held under perpetual lease
Subdivision 4-Repealed
61. Encumbranced leases
62-69. Repealed
Subdivision 5-Repealed
70-84. Repealed

Division 5-Repealed

85-88. Repealed

Division 6-Sale of land by auction or tender or to a public
authority

89. Minister may sell Crown land by public auction or public tender
90. Minister to give notice of public auction or public tender
91. Procedure where reserve price not reached at auction or by
tender
92. Purchaser of Crown land by auction or tender deemed to be owner
93. Who may hold auction
94. Commission may be paid
95. Land to be granted when purchase price paid
96. Person not to assign interest under contract of sale without Minister's consent
97. Penalty interest for failure to pay money due under contract of sale
98. Minister may declare contract of sale void on default
99. Minister may sell Crown land to public authority
99A. Sale by private treaty
100. Sale of Crown land subject to lease

Division 7-Swamp or reclaimed lands

101. Swamp lands
102. Governor in Council may cause swamp lands to be drained
103. Power to enter upon lands and make canals drains etc.
104. Powers of Minister for purposes of drainage
105. Penalty for injuring or obstructing drains
106. Fixing value of swamp or reclaimed lands
107. Value to be marked on plan by Minister
108. Power of Minister to approve or alter
109. Mode of disposing of swamp land when valued
110. Governor in Council may lease or renew lease on swamp lands
111. Conditional purchase leases
112. Conditions
113. Condition in leases
114. Conditional purchase leases
115. Special conditions in leases and contracts
116. Perpetual lessee may obtain conditional purchase lease
117. Repealed
118. Condition in Crown grant to keep open drains
119. Power of Minister to authorize drain etc. through adjoining swamp lands
120. Rent under perpetual lease of swamp etc.

Division 8-Agricultural leases, licences and permits
Subdivision 1-Leases for agricultural purposes

121. Granting of leases for agricultural purposes
122. Term of lease
123. Land over which lease may be granted
124. General conditions of leases
125. Land leased under this Division deemed to be protected forest
126. Amendment of folios of the Register on resumption of land
127-129. Repealed
Subdivision 2-Licences for agricultural purposes, ,
130. Granting of licences for agricultural purposes
130AA. Period of licence
130AB. Land over which licence may be granted
130AC. General conditions regarding licences
130A. Repealed
130B. Licence presumed where fee paid
130C. Licence not to expire on death of licensee
130D. Application of sections 130B and 130C.
131-133. Repealed
Subdivision 3-Agistment permits
133A. Agistment permits
Subdivision 4-General provisions relating to agricultural licences and leases
133B. Remittance or waiver of rent or fees in times of hardship
133C. Forfeiture of leases and cancellation of licences
133D. Compensation for improvements on forfeiture of lease or cancellation of licence
133E. Termination of lease where no breach
133F. Cancellation of licence where no breach
133G. Notice of intention to grant lease or licence

Division 9-Leases and licences for non-agricultural purposes
Subdivision 1-Leases for non-agricultural purposes

134. Minister may lease Crown land under this subdivision
134A. Leasing of strata of Crown land
135. Public auction or tender or private negotiation
136. Minister to give notice in writing of public auction or public tender
137. Proposed lessee to give notice of lease arranged privately
137AA. Term of lease
137AAA. Rent in advance
137AB. Rent review
137AC. Replacement leases
137AD. Leases may not be assigned etc. without Minister's consent
137AE. Lease granted to generation company
137A. Industrial leases and industrial development leases
Subdivision 1A-Conditional purchase leases
137B. Conditional purchase lease
137C. Terms and conditions
137D. Purchase on certain conditions
137E. Crown grant to be subject to conditions etc. as Governor in Council sees fit
137F. Lease not to be transferred etc. without Minister's consent
137G. Minister may declare lease forfeited
137H. Effect of forfeit of lease
Subdivision 2-Licences &c.
138. Minister or authorized person may grant licences
138A. Licence for strata of Crown land
139. Buildings etc. erected under licence to be removed on expiry
140. Terms and conditions
140AA. Licence granted to generation company
Licences for Jetties and Landing Stages etc.
140A. Grant of licences for jetties landing stages etc.
140B. Notice of intention to apply for a licence to be published
140C. Term of licence
140D. Licence to specify purpose conditions etc.
140DA. Licence fee
140E. Renewal presumed where fee paid
140F. Conditions associated with lease of land
140G. Aquatic clearance
140H. Repealed
Bee Farm Licences
141. Bee farm licence
142. Conditions of bee farm site licences
143. Resumption of certain lands over which bee farm licence also granted
144. Number of hives to be kept by agricultural licensee
145. Right of access of bee farm licensees
Bee Range Area Licences
146. Proclamation of lands available as bee range areas
147. Bee range area licences
148. Effect of licence
Apiary Occupation Rights
149. Power to Minister etc. to grant apiary occupation rights
Eucalyptus Oil Licences
150. Governor in Council etc. may grant eucalyptus oil licences
151. Conditions of licence
Subdivision 3-Grant of leaseholds
151AA. Metropolitan lessees may obtain grant of land

Division 9A-Plantation areas

151A. Definitions
151B. Proclamation of land for plantation areas
151C. Application for grant of plantation area
151D. Investigation of application
151E. Grant of lease
151F. Planting of trees by lessee
151G. Road charges
151H. Assignment, mortgage etc. of lease
151J. Cancellation of lease
151K. Power to lessee to erect buildings
151L. Property in trees where lease cancelled or expired

Division 10-Repealed

152-162G Repealed

Division 11-Residence areas

163. Definitions
164. Repealed
165. No new residence area rights to be granted
166. Holder of right to have exclusive occupation of land
167. Cancellation of right to occupy residence area
168. Removal of buildings
169. Compensation on resumption by Crown
170. Power to let
171. Power to inspect entries in mining registers
172. Power to excise land from certain streets
173. Right of holder of residence area to purchase land
174. Residence area right may be converted to purchase lease
175. Liens and encumbrances to be discharged
176. Forfeiture of lease
177. On payment of purchase price lessee entitled to Crown grant
178. Repealed

Division 12-Commons

179. Common lands
180. Saving of existing commons
181. Governor in Council may proclaim commons
182. Appointment of managers and regulations
183. Management
183A. Municipality may raise funds by allowing use of common
184. Governor in Council may increase or diminish commons
185. Lands taken from commons

Division 13-Trespasses, penalties, legal proceedings etc.

186. Penalty where land officer applies for allotment
187. Penalty for false statement etc. in relation to application
188. Penalty for unauthorized occupation or depasturing on certain lands
188A. Magistrates' court may order removal of buildings etc.
189. Repealed
190. Penalty for trespasses on Crown lands
191. Penalty for depositing rubbish on Crown lands
192. Obliteration of boundary mark
193. Rights of licensee and lessee against trespassers
194. Unauthorized occupier may be forcibly dispossessed
195. Hearing
196. Recovery of rent and licence-fees
197. Demand for or acceptance of rent etc. not to be deemed a
waiver or breach of covenant or condition
198. Certificates of Minister prima facie evidence of non-payment
of fees or rent
199. Governor in Council may prohibit felling timber etc.
200. Proof
201. Certificate of Secretary to be prima facie evidence that land is unalienated Crown land
201A. Judicial notice of signature
202. Declarations of forfeiture valid
203. Appeal to County Court

Division 14-Miscellaneous

204. All Crown grants and certain licences and leases to contain condition permitting mining on compensation for surface
damage
205. Lands alienated to be subject to conditions for mining
206, 207. Repealed
208. Exchange of Crown and private land upon alteration of road
209. Resumption of land for roads
210. Declaration to be made by appraiser
211. Applicants for licences rights or leases before commencement
of Act not prejudiced
212. Licensees under section 49 of The Land Act 1869 may obtain grant of auriferous holdings on certain condition
213. Holder of forest land entitled under certain conditions to
purchase
214. Travelling cattle
215. Notice to be given to occupier of land of intention to drive travelling cattle or sheep
216. Survey officers may enter upon private lands
217. Privilege of public officers on duty and of holders of miner's rights
218-224A Repealed
225. Unbranded wild cattle to belong to Crown
226, 227. Repealed
228. Interest on rent etc. in arrear
229. Agreement with electricity company

PART II-Repealed

230-272. Repealed

PART III-LEASES OF AGRICULTURAL COLLEGE LANDS

273. Demises
274-297. Repealed

PART IV-Repealed

298-301. Repealed

PART V-DEVELOPMENT LEASES

302. Definitions
303. Power to Governor in Council to grant development leases
304. Power to suspend development in certain circumstances
305. Power to Governor in Council to make necessary grants to settlers and a grant to the Society
306. Licence entitling Society to enter and make tests on land in Thirteenth Schedule 307. Development Leases Consultative Committee
PARTS VI, VII-Repealed
308-333. Repealed

PART VIII-LEASES AND LICENCES FOR ELECTRIC LINES

334. Power to lease or license land for construction thereon of
electric line
335. Covenants conditions etc. of lease or licence
336. Notice of application
337. Mining not restricted
338. Copy of lease or licence to be laid before Parliament before
issue

PART IX-GENERAL

339. Lands of the Crown to be alienated only down to such depth
as Governor in Council directs
339A. Alienation of Crown land in strata
339B. Easements ancillary to alienation in strata
340. Right to metals and minerals not to go with the land
341. Crown lands enhanced in value by proximity of railway or waterworks etc.
342. Additional price how to be paid and applied
343. Mode of application where Crown land benefited by more than one work
344. Additional sums paid as purchase money or rent to be returned where works not constructed within ten years
345. Mode of alienation of Crown lands under previous Acts not to
be affected
346. Power to include certain pieces of land in leases licences or Crown grants of adjoining land
347. Value where land contains any fractional part of an hectare
348. Crown grants of roads used for railways
349. Power to close certain unused roads on Crown lands
350. Power to set apart certain portions of roads for tree planting
351. Power of Minister to postpone payment of rent or instalments
352. Power to add interest to price of land
353. Exemption of portion of certain half-yearly payments of rent
if portion of mountainous land under clean grass or cultivation
354. Lease forfeited for non-payment of rent not to be revived
before revocation of forfeiture
355. Transfers of leases of Crown lands not to be registered unless
all rents etc. have been paid
356. Condition for suspension of payment of licence-fees rent etc.
357. Repealed
358. Extensions of selection purchase and conditional purchase
leases to be registered in the Office of Titles
359. Issue of a lease where applicant dies or becomes bankrupt
before lease executed
360. Enforcement of forfeitures
361. Minister may waive covenant or condition as to residence
362. Propagation of blue mallee
362A. Certain conditions reservations etc. in a Crown grant may
be declared to be no longer necessary
362B. Construction of certain Crown grants
362C. Construction of licences

PART X-VACANT AND UNCLAIMED LANDS

363. Definitions
364. Sale of vacant unclaimed land in certain undelivered and unregistered Crown grants
365. Application of purchase money
366. Power for Court to make orders on application as to the surplus moneys
367. Subject to order of court surplus moneys after lapse of three
years to become property of Crown
368. Application to Registrar for delivery or registration of grant
369. Power of applicant to summon Registrar to show cause if dissatisfied
370. If application granted certain payments to be made by applicant before delivery or registration
371. Minister to send purchaser's Crown grant to Registrar with contract of sale
372. No claim to lie against the Crown or Minister
373. Repealed
374. Fees

PART XI-Repealed

375-383 Repealed

PART XII-BED AND BANKS OF CERTAIN WATERCOURSES

384. Definitions
385. Crown property in bed and banks of certain watercourses
386. Access etc. to bed and banks of certain watercourses
387-398. Repealed

PART XIII-UNUSED ROADS AND WATER FRONTAGES

399. Definitions
400. Power to municipal councils to specify roads as unused
401. Repealed
401A. Anyone may enter water frontage for recreation
402. Right to enter and use an unused road
403. Duty to obtain licence to use water frontage
404. Liability to pay occupation fees after notice
405. Repealed
406. Effect of cancellation of a licence
407. Re-opening of licensed closed road or water frontage
408. Repealed
409. Penalty for damaging fence or leaving gate open
410. Recovery of fees and penalties
411. Municipal councils to be notified of grant, transfer etc. of licences

PART XIIIA-LIMITATION OF JURISDICTION OF
SUPREME COURT

412. Supreme Court-Limitation of jurisdiction

PART XIV-REGULATIONS

413. Regulations
__________________
SCHEDULE 1-Repeals
SCHEDULE 2-Repealed
SCHEDULE 2A-Land in respect of which Application for Authority
to Surrender may be made by Registered Proprietor
or Person seized of Estate in Fee Simple
1. Repealed
2. Ballendella Public Hall
3. Banyena Mechanics Institute
4. Barkly Park Rutherglen
5. Bears Lagoon Public Hall
6. Bendigo District Trotting Club
7. Bolinda Mechanics Institute
8. Repealed
9. Brodribb Public Hall
10. Carrajung South Public Hall
11. Clunes and District Agricultural Society
12. Cobrico Recreation Reserve
13. Condah Mechanics Institute
14. Digby Memorial Hall
15. Drumborg Public Hall
16. Echuca Trotting Club
17. Edenhope Race Club
18. Glenorchy Tennis Club
19. Goorambat Public Hall
20. Granya Public Hall
21. Gunbower Soldiers' Memorial Hall
22. Hamilton and District Trotting Club
23. Lismore Mechanics Institute
24. Macarthur Race Course
25. Milloo Public Hall
26. Mornington Racing Club
27. Mortlake Soldiers' Memorial Hall
28. Natimuk Tennis Club
29. Penshurst Race Course and Recreation Reserve
30. Poowong Recreation Reserve
31. Porepunkah Public Hall
32. Powlett Plains Public Hall
33. Raymond Island Hall
34. Rochester Jockey Club
35. Rosedale Mechanics Institute and Free Library
36. Rupanyup Bowling Club
37. Shepparton Trotting Club
38. South Purrumbete Recreation Ground
39. Stawell Trotting Club
40. Tawonga Public Hall
41. Terang Racing Club
42. Terang Trotting Club
43. Victoria Valley Public Hall
44. Warrnambool Racing Club
45. Woodend Mechanics Institute
46. Yarra Glen Racing Club
SCHEDULE 2B-Land in respect of which Application for Authority
to Surrender may be made by a Municipality
1. Aubrey Public Hall
2. Condah Mechanics Institute
3. Drouin West Mechanics Institute
4. Seaton Public Hall
5. Allendale Recreation Reserve
6. Drouin South Mechanics Institute
7. Lockington Memorial Hall
8. Myamyn Mechanics Institute
9. Stanhope Public Hall
10. Upwey Recreation Reserve
11. Wahgunyah School of Arts
12. Neerim Junction Mechanics Institute
13. Glenhuntly Public Hall
14. Greensborough Cemetery
15. Redesdale Public Hall
16. Wesley Hill Hall
17. Springhurst Public Hall
18. Tallangatta Memorial Hall
19. Bonang Public Hall
20. Wahgunyah (John Foord) Cemetery
21. Fernbank Mechanics Institute
22. Great Western Memorial Park
23. Badger Creek Public Hall
23A.
24.
25.
26.
27.
SCHEDULE 3-Repealed
SCHEDULE 3A-Land to which section 99 does not apply
SCHEDULE 3B-Land over which a licence may not be granted
SCHEDULE 4-Description of Swamp or Reclaimed Lands
SCHEDULE 5-Repealed
SCHEDULE 6-Form of Information against Unauthorized Occupant
of Crown Lands
SCHEDULE 7-Form of Summons to Unauthorized Occupant
SCHEDULE 7A-Complaint and summons
SCHEDULE 8-Form of warrant to dispossess unauthorized occupant
SCHEDULE 9-Counties and Districts Exempt under Section 214(1)
10-12-Repealed
SCHEDULE 13-Land in respect of which a development lease or
leases may be granted
SCHEDULE 14-Parishes in which crown lands referred to in this
Act as "mountainous lands" are situated
SCHEDULE 15-Notice of intended sale by the Crown
SCHEDULE 16-Fees
SCHEDULE 17-Crown Lands subject to Section 104A(1)
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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