LAND ACT 1958 - SECT 22C Attorney-General may authorize surrender of lands to His Majesty

LAND ACT 1958 - SECT 22C

S. 22C(1) amended by No. 25/2023 s. 7(Sch.  1 item 17.7).

    (1)     Subject to this section—

        (a)     the registered proprietor of or the person seized of an estate in fee-simple in any land—

              (i)     referred to in Schedule Two A; or

              (ii)     declared by the Governor in Council pursuant to subsection (2) to be land to which this section applies; and

S. 22C(1)(b) amended by No. 13/1990 s. 41(a).

        (b)     the municipal council of the municipal district in which any land referred to in Schedule Two B is situated—

may make application to the Attorney-General in or to the effect of the form prescribed for authority under this section to surrender the land concerned to His Majesty.

S. 22C(2) amended by Nos 9212 s. 2(2), 13/1990 s. 41(a).

    (2)     Any land (other than land permanently reserved pursuant to section 4 of the Crown Land (Reserves) Act 1978 ) which the clerk of the municipal council concerned has certified to be land which is or has been used for any cultural sporting or recreational purpose or for any purpose referred to in section 4 of the Crown Land (Reserves) Act 1978 may be declared by the Governor in Council, by proclamation published in the Government Gazette, to be land to which this section applies.

    (3)     Not less than 30 days and not more than 60 days before an application is made to the Attorney-General for authority under this section to surrender any land, a notice of intention to so apply, in or to the effect of the form prescribed, shall be published in a newspaper circulating generally in Victoria and in a newspaper circulating generally in the district in which the land is situated.

S. 22C(4) amended by Nos 10087 s. 3(1)(Sch. 1 item 125), 46/1998 s. 7(Sch. 1), 25/2023 s. 7(Sch.  1 item 17.7).

    (4)     Upon receipt of an application under this section and after consultation with the Minister, the Attorney-General—

        (a)     if satisfied that notice has been published in accordance with subsection (3); and

        (b)     after consideration—

              (i)     of any objections lodged pursuant to the notice; and

S. 22C(4)(b)(ii) amended by No. 18/1989 s. 13(Sch. 2 item 41(a)).

              (ii)     of the effect of the proposed surrender on any interest in the land concerned appearing from the Register kept pursuant to the Transfer of Land Act 1958 or registered in the office of the Registrar-General (as the case requires)—

may, notwithstanding anything in any instrument or in any other Act and subject to any conditions he thinks fit, authorize the applicant to surrender to His Majesty the land in respect of which the application is made.

S. 22D inserted by No. 8130 s. 2, substituted by No. 8363 s. 2.