Victorian Consolidated Legislation

Land Act 1958 - SECT 339A

Alienation of Crown land in strata

339A. Alienation of Crown land in strata



(1) A provision of this Act that authorises the sale or alienation in fee
simple of Crown land authorises the sale or alienation of-

   (a)  Crown land that is not limited to a particular stratum; or

   (b)  a stratum of Crown land.

(2) Subsection (1) does not affect or take away from any entitlement that a
person may have under a provision of this Act or a lease under this Act to the
issue of a Crown grant for any land.

(3) The Minister must not recommend to the Governor in Council that a Crown
grant for a stratum of Crown land be issued under this Act unless the Minister
is satisfied that-

   (a)  the proposed grantee and the grantee's successors in title can obtain
        reasonable access to and use of the land; and

   (b)  the grant would not interfere with the exercise of rights by the
        registered proprietor, lessee or licensee of other land; and

   (c)  provision has been made (in the grant or otherwise) for any necessary
        rights of support of the stratum and any other land and of any
        building or structure erected or to be erected on those lands; and

   (d)  provision has been made (in the grant or otherwise) for any necessary
        rights for the passage or provision of services (including drainage,
        sewerage, or the supply of water, gas, electricity or telephone) to or
        through the stratum, where those rights are necessary for the
        reasonable enjoyment of the stratum or other land; and

   (e)  in the case of land described in subsection (6)(a) to (d), the
        exercise of the grantee's rights under the grant will not interfere
        with the use of that land by the public.

(4) In determining whether the requirements of subsection (3)(a), (c) and (d),
have been met the matters which the Minister may take into account include,
but are not limited to, any of the following-

   (a)  the fact that the proposed grantee is the owner, lessee or occupier of
        land that can be used for access to or support of the stratum and for
        services to or through the stratum;

   (b)  the fact that the proposed grantee has obtained rights over
        neighbouring land sufficient to enable access to or support of the
        stratum or for services to or through the stratum, whether those
        rights are proprietary or not, and however they are created;

   (c)  the extent to which the rights referred to in paragraph (b) are
        capable of being enjoyed by the grantee's successors in title.

(5) The issue of a Crown grant for a stratum of Crown land is conclusive proof
of compliance with subsection (3).

(6) Despite anything in this Act or the Crown Land (Reserves) Act 1978, a
Crown grant may be issued for a stratum of Crown land even though the land is-

   (a)  shown as a road on a map or plan kept in the Central Plan Office; or

   (b)  proclaimed as a road or public highway; or

   (c)  reserved as a road under the Crown Land (Reserves) Act 1978; or

   (d)  a freeway or an arterial road within the meaning of the
        Road Management Act 2004-

if the stratum to be granted does not include the level at which the road is
constructed.

(7) On the date of issue of a Crown grant for a stratum of Crown land above or
below any land on which a road is constructed-

   (a)  any reservation of the land as a road is revoked to the extent that it
        applies to that stratum; and

   (b)  that stratum ceases to be a proclaimed road or public highway and
        ceases to be a declared road within the meaning of the
        Transport Act 1983; and

   (c)  the stratum ceases to be a road and all rights, easements and
        privileges, existing or claimed either in the public or by any body or
        person as incident to any express or implied grant or dedication or
        supposed dedication or by use or operation of law or otherwise, cease.



(8) Without limiting what may be included in a Crown grant for a stratum of
Crown land, the terms, conditions, covenants, exceptions, reservations or
limitations in the grant may provide for any of the following-

   (a)  access to other land over the land in the grant;

   (b)  the support of the stratum or other land or any building or structure
        erected or to be erected on those lands;

   (c)  prevention of interference by the grantee and the grantee's successors
        in title with the use or enjoyment of other land;

   (d)  the prevention of interference by the grantee and the grantee's
        successors in title with the use of any road by the public and the
        protection, maintenance and management of a road below or above the
        stratum.

(9) No compensation is payable by the Crown in respect of anything done under
or arising out of subsections (6) or (7).