Victorian Consolidated Legislation

Libraries Act 1988 - SECT 43

Transfer or surrender of certain land held in trust

43. Transfer or surrender of certain land held in trust



(1) This section applies despite anything to the contrary in any Crown grant
or document of title or in any trust instrument whatever.

(2) In this section eligible person-

   (a)  in relation to land which is under the operation of the
        Transfer of Land Act 1958 (other than land in an identified folio
        under that Act), means the registered proprietor of an estate in fee
        simple in the land; and

   (b)  in relation to land which is land in an identified folio under the
        Transfer of Land Act 1958 or land not under the operation of that Act,
        means a person who, from the Register kept under the
        Property Law Act 1958, appears to be the owner of an estate in fee
        simple in the land; and

   (c)  if a person mentioned in paragraph (a) or (b) is dead or the
        whereabouts of the person are unknown, means the council of the
        municipal district in which the land is located.

(3) This section applies to land specified in a notice published under
subsection (6).

(4) An eligible person may request the Minister to make a declaration under
subsection (6).

(5) A request under subsection (4)-

   (a)  must be in the form, or contain the details, required by the
        regulations; and



   (b)  must include a certificate signed by the Chief Executive Officer of
        the council of the municipal district in which the land is located
        stating that, after having made reasonable enquiries, he or she is
        satisfied the land has been used for library purposes and is no longer
        required for those purposes.

(6) On a request in accordance with this section, the Minister may by notice
published in the Government Gazette declare land specified in the notice to be
land to which this section applies if the Minister is satisfied that the land
has been used for library purposes.

(7) The Minister cannot under subsection (6) declare library land to be land
to which this section applies.

(8) An eligible person may apply to the Minister for authority to surrender to
the Crown land to which this section applies or to transfer or convey it to
the council of the municipal district in which the land is located.







(9) An application under subsection (8)-

   (a)  must be in accordance with the regulations; and

   (b)  if the applicant is not a council, must include the written consent of
        the council to the application; and

   (c)  must include the written consent to the application of any lessee,
        mortgagee or other person having an estate, interest or equity of
        redemption in the land.

(10) Within 14 days after making an application under this section, the
applicant must cause notice of the application to be published in a newspaper
circulating in the area in which the land is located and in a newspaper
circulating generally in Victoria.

(11) A notice under subsection (10)-

   (a)  must be in accordance with the regulations; and

   (b)  must state the period, being the prescribed period, within which any
        person may lodge objections with the Minister.

(12) A person may within the period stated in the notice lodge with the
Minister a written objection to the granting of an application under this
section.

(13) Before deciding on the application the Minister must consider all
objections lodged within the period stated in the notice.

(14) On an application in accordance with this section and after complying
with subsection (13), the Minister may authorise the applicant to surrender
land to the Crown or to transfer or convey it to the council of the municipal
district in which the land is located, if the Minister is satisfied-

   (a)  that the land is no longer required for library purposes; and

   (b)  that it is in the public interest to grant the application; and

   (c)  the purposes for which the land may or must be used are not the
        subject of proceedings before or a subsisting order of a Court.

(15) If so authorised by the Minister, an eligible person may surrender land
by transferring or conveying it to the Crown or transfer or convey land to a
municipal council.

(16) For the purposes of this section, an eligible person referred to in
subsection (2)(c) may execute a transfer or conveyance of land in the name and
on behalf of the registered proprietor or owner and a transfer or conveyance
so executed has the same effect as a transfer or conveyance executed by the
registered proprietor or owner.