Victorian Consolidated Legislation

Land Act 1958 - SECT 349

349. Power to close certain unused roads on Crown lands

(1) Notwithstanding anything contained in any Act where any road the absolute
property in the land of which is vested in the Crown is as to the whole or any
portion of the length or width thereof unused the Governor in Council with the
concurrence in writing of the council of any municipality in whose municipal
district the same is wholly or partly situate and of the owners (if any) of
any land adjoining the said road or portion thereof (as the case may be) may
by order published in the Government Gazette close the whole or any portion of
the length or width of such road situate in that municipal district:

* * * * *

Provided that where the Secretary by a notification served personally or by
post on any such owner at his last known place of residence or business
requests such owner to give his concurrence as aforesaid or (in the event of
his refusal to concur) to give reasons for such refusal and such owner-

   (a)  fails to reply to such notification within thirty days after such
        service; or

   (b)  in his reply, refuses to concur but fails to give reasons for his
        refusal or gives reasons therefor which, in the opinion of the
        Minister after considering the report of any persons appointed by the
        Minister to inquire into the matter, are frivolous-

the Governor in Council may exercise the powers conferred by this section
without the concurrence of such owner.

(2) Upon the publication of such Order in Council the land theretofore forming
the road or portion thereof (as the case may be) referred to in such order
shall cease to form such road or portion thereof, and as regards the said land
all rights easements or privileges existing or claimed either in the public or
by any body or person whatsoever or whomsoever as incident to any past
dedication or supposed dedication thereof or by any past user thereof or by
any fiction of law shall cease and determine, and the said land shall be
deemed to be and may be dealt with as unalienated land of the Crown.