Victorian Consolidated Legislation

Land (Reservations and other Matters) Act 1999 - SECT 17

Revocation of reservation of stratum of land underground and ancillary land

17. Revocation of reservation of stratum of land underground and ancillary
land



(1) The Minister administering the Crown Land (Reserves) Act 1978-

   (a)  on receiving a plan of survey signed by the Surveyor-General of-

   (i)  a stratum consisting of a space below the surface of any of the land
        shown hatched and any of the land shown cross-hatched on the plan in
        Schedule 4 or that land as nearly as practicable, to be used for an
        underground car park; and

   (ii) any other parts of the land shown hatched and any other parts of the
        land shown cross-hatched on the plan in Schedule 4 or that land as
        nearly as practicable (whether above, below or on the surface of the
        land and shown on the plan of survey) that the Minister is satisfied
        are necessary for the construction of structures ancillary to the car
        park, including but not limited to, air vents and pedestrian and
        vehicle access to the car park; and

   (b)  on being satisfied that the land described in the plan of survey
        relates to no other land than the land shown hatched and the land
        shown cross-hatched on the plan in Schedule 4 or that land as nearly
        as practicable-

may recommend to the Governor in Council that-

   (c)  the Orders in Council specified in items 8 and 9 of Schedule 1 be
        revoked to the extent that they apply to the land shown on the
        plan of survey; and

   (d)  if any part of the land shown on the plan of survey is or is being
        used as a road, that part of the land ceases to be a road.

(2) The Governor in Council may make the Order recommended in sub-section (1).

(3) An Order under sub-section (2) must include a copy of the plan of survey
of the land to which the Order applies.