Victorian Consolidated Legislation

Libraries Act 1988 - SECT 44

Transfers, conveyances and surrenders generally

44. Transfers, conveyances and surrenders generally



(1) On the conveyance or the registration of a transfer of land to the Crown
under this Part-

   (a)  any Order in Council reserving the land and any Crown grant of the
        land is revoked; and

   (b)  the land is deemed to be unalienated land of the Crown freed and
        discharged from all encumbrances, trusts, conditions, reservations,
        limitations, exceptions, estates or interests; and

   (c)  the trustees of the land immediately before its conveyance or the
        registration of its transfer are, in respect of the land, discharged
        from all further liabilities under the trust.



(2) If land is transferred or conveyed to the Crown under this Part, the
Governor in Council may grant the land to the council of the municipal
district in which the land is located subject to any conditions, restrictions,
limitations, reservations and exceptions that the Governor in Council
determines.

(3) On the conveyance or the registration of a transfer of land to a municipal
council under this Part-

   (a)  the land is freed from all trusts, conditions, restrictions,
        limitations or provisions affecting the land except limitations as to
        depth; and

   (b)  the trustees of the land immediately before its conveyance or the
        registration of its transfer are, in respect of the land, discharged
        from all further liabilities under the trust.

(4) On production of a certificate signed by the Minister as to any authority
to surrender, transfer or convey land under this Part, and on production of
any other instrument that the Registrar of Titles requests, the Registrar of
Titles must make any recordings in the Register that are necessary because of
the operation of this section.