Victorian Consolidated Legislation

Land Act 1958 - SECT 118

Condition in Crown grant to keep open drains

118. Condition in Crown grant to keep open drains





(1) Every Crown grant issued for any allotment of swamp or reclaimed land
shall inter alia contain a condition that the owner of such land for the time
being shall keep open all canals ditches drains cuts channels waterways sewers
and other such drainage works thereon to the satisfaction of the Minister, and
shall keep open and free from obstruction and to the satisfaction of the
Minister portions of any drains adjacent to the said allotment and upon any
road or reservation abutting upon or bounding the same or any part thereof and
within a distance of not more than 40 metres from such part.

(2) Where a Crown grant issued on or after the twenty-first day of December
One thousand nine hundred and twenty-one for any allotment of swamp or
reclaimed land contains a condition to the effect provided in subsection (1)
every owner of such land for the time being who does not comply with such
condition shall, in addition to any liability to forfeiture or otherwise under
this Act or any corresponding previous enactment, be liable to a penalty of
not more than Five per centum on the purchase money of such land in respect of
each breach of such condition and an additional penalty of the same amount for
each year during which any such breach continues.