Victorian Consolidated Legislation

Land Act 1958 - SECT 362A

Certain conditions reservations etc. in a Crown grant may be declared to be no longer necessary

362A. Certain conditions reservations etc. in a Crown grant may be declared to
be no longer necessary



(1) Where any Crown grant under any Act contains a condition reservation
exception power or other provision-



   (a)  to the effect that the whole or any part of the granted land may be
        resumed (with or without payment of any monetary consideration) for
        the purpose of works or undertakings; or

   (b)  enabling the Sovereign, his or her heirs or successors, the Minister,
        any statutory authority or any other person to do all or any of the
        following-

   (i)  enter any part of the granted land;

   (ii) use any part of such land; or

   (iii) carry out any works undertakings or maintenance on any part of such
        land- the Governor in Council may upon payment of the prescribed fee
        and of such monetary consideration (if any) as the Governor in Council
        thinks fit by Order declare that the condition reservation exception
        power or provision is no longer necessary.

(1A) The Governor in Council may make a declaration under subsection (1) in
respect of part only of the land contained in the Crown grant if separate
folios of the Register have been created in respect of the land compromised in
the grant.

(2) On and from the date of any Order made pursuant to subsection (1) the
relevant Crown grant shall operate and have effect-

   (a)  in the case of a declaration as to part only of the land contained in
        the Crown grant, as though the relevant condition, reservation,
        exception, power or provision was expressed to apply only to the
        remainder of the land contained in the Crown grant;

   (b)  in any other case as though the relevant condition, reservation,
        exception, power or provision were not contained therein.