Victorian Consolidated Legislation

Land Act 1958 - SECT 2

Repeals and savings

2. Repeals and savings



(1) The Acts mentioned in the First Schedule to the extent thereby expressed
to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided-

   (a)  all persons things and circumstances appointed or created by or under
        any of the repealed Acts or existing or continuing under any of such
        Acts immediately before the commencement of this Act shall under and
        subject to this Act continue to have the same status operation and
        effect as they respectively would have had if such Acts had not been
        so repealed;

   (b)  in particular and without affecting the generality of the foregoing
        paragraph, such repeal shall not disturb the continuity of status
        operation or effect of any proclamation regulation by-law order
        application determination decision recommendation petition direction
        registration lease licence encumbrance lien permit certificate
        exemption approval disapproval objection appointment delegation
        classification condition notice rent fee liability or right made
        effected issued granted given presented passed fixed accrued incurred
        or acquired or existing or continuing by or under any of such Acts
        before the commencement of this Act; and such repeal shall not affect
        or disturb any validation effected or any transfer of powers duties
        and authorities or the construction of any document consequent thereon
        or the adjustment of any rent by or under any of such Acts before the
        commencement of this Act.

(3) Nothing herein contained except where otherwise expressly provided shall
affect the Mineral Resources (Sustainable Development) Act 1990.





(4) Until and subject to the exercise of the powers hereinafter contained all
commons heretofore proclaimed shall continue to be managed and the managers
appointed shall continue in office and may be removed and their successors
appointed, and the fees shall and may be collected, with the same rights and
powers to the managers and persons entitled to commons respectively, and
subject to the same rights liabilities and restrictions as if the said Acts
were still in force.

(5) The Governor in Council shall in regard to all leases licences and
selections under any of the Acts hereby repealed have and exercise the same
power of revocation and forfeiture, and every such power may be exercised and
shall be enforced and proved in like manner and every such revocation and
forfeiture shall have the same effect in every respect so far as may be as if
the said Acts were still in force.

(6) Nothing herein contained shall except where otherwise expressly provided
be deemed to affect any estate right or interest created or existing under or
by virtue of the said Acts or any of them; and the Minister may, to every
person holding or at the commencement of this Act entitled to a licence to
reside on or cultivate any lands on any gold-field or lands adjacent or
heretofore dealt with as being adjacent thereto renew and for such purposes
issue yearly licences whether the total amount thereof be in excess of nine
hectares or not or where two or more licences have been issued to the same
person for adjoining lands one licence in lieu thereof for the land comprised
in all or any number of them until such person is entitled to exercise and has
exercised his right to obtain a lease of or purchase the land held by him,
unless in the meantime such licence is declared forfeited or cancelled by the
Governor in Council; and the rights conferred upon licensees of residence
sites whether such rights have alr eady accrued or would hereafter have
accrued but for the repeal of any Act shall be preserved and remain as though
the said Acts were still in force; and all the provisions of the Acts hereby
repealed shall during the continuance of this Act remain and be in full force
so far as they respectively relate or can be applied consistently with this
Act to any lands or allotments or subdivisions of allotments purchased
selected or possessed under the said Acts or any of them before the
commencement of this Act, and to any lands which may be held under licence or
be hereafter purchased or possessed by any purchasers or licensees or lessees
under the said Acts or any of them, and to the issue of licences to the
holders of land under the provisions of the said Acts and to the conversion
forfeiture or cancellation of any such licence, and all rights of selection
and purchase and of obtaining licences and leases given under and by the said
Acts or any of them together with the obligations of selectors and licensees
res pectively are hereby confirmed and continued.

(7) Nothing herein contained shall affect any power of the Governor in Council
or the Minister under section two hundred and fifty-six of the Land Act 1915.

(8) Notwithstanding anything in this Act or in any other Act relating to
alienation of land from the Crown and notwithstanding anything in any grant
under this or any other such Act any right to the use or control of
groundwater in existence before the commencement of the Groundwater Act 1969
shall cease and determine and the Water Act 1989 shall apply to and in
relation to such groundwater as if no such right had ever existed.