Victorian Consolidated Legislation

Land Act 1958 - SECT 22C

Attorney-General may authorize surrender of lands to Her Majesty1, 2

22C. Attorney-General may authorize surrender of lands to Her Majesty1, 2



(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

   (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
Her Majesty.

(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.

(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

   (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 Her
        Majesty the land in respect of which the application is made.