Victorian Consolidated Legislation

Land Act 1958 - SECT 12A

Exchange of Crown land

12A. Exchange of Crown land



(1) If it appears to the Minister at any time that-

   (a)  land is required for a public purpose and should be reserved under
        section 4 of the Crown Land (Reserves) Act 1978;

   (b)  the acquisition of land would enhance the public use and enjoyment of
        Crown land reserved under section 4 of the
        Crown Land (Reserves) Act 1978; or

   (c)  the acquisition of land would rationalize the boundaries between any
        private land and any land reserved under section 4 of the
        Crown Land (Reserves) Act 1978-

the Minister may enter into an agreement with the owner of the land sought to
be acquired to exchange that land for any Crown land where the Crown land is
not land permanently reserved for a public purpose under the
Crown Land (Reserves) Act 1978.

(2) Where the Minister enters into an agreement under subsection (1) he may
also agree, where the value of the Crown land is not equal to the value of the
land for which it is exchanged, to pay to or receive from the owner (as the
case requires) an amount of money equal to that difference and may pay or
receive such an amount in accordance with the agreement.

(3) The Governor in Council shall grant, in accordance with the terms of an
agreement made under subsection (1), the Crown land referred to in the
agreement to the person to whom it is agreed under the agreement that the
Crown land should be granted.





(4) Land which is agreed upon in an agreement made under subsection (1) as
land which is to revert to the Crown shall on surrender and transfer or
conveyance to Her Majesty become and be unalienated land of the Crown freed
and discharged from all trusts, encumbrances, limitations and restrictions
whatsoever and from every estate or interest therein.

(5) The Minister shall, not less than 14 days before entering into an
agreement under subsection (1) publish, in the Government Gazette and in the
district in which the land the subject of the agreement is situated, a notice
specifying-

   (a)  the particulars of the Crown land to be exchanged; and

   (b)  the particulars of the land for which the Crown land is to be
        exchanged under the agreement.