Victorian Consolidated Legislation

Land (St Kilda Triangle) Act 2006 - SECT 8

Revocation and re-reservation of St Kilda land for overpass

8. Revocation and re-reservation of St Kilda land for overpass



(1) The Minister on-

   (a)  receiving a plan of survey of certain land signed by the
        Surveyor-General; and

   (b)  being satisfied that the land described on the plan of survey forms
        part of one of the 2 areas of land shown cross-hatched on the plan in
        Schedule 3-

may recommend to the Governor in Council that-

   (c)  if any part of the land shown on the plan of survey forms part of the
        foreshore land, the reservation of the foreshore land be revoked as to
        that part; and

   (d)  if any part of the land shown in the plan of survey is or is being
        used as a road, that part of the land shown in the plan of survey
        cease to be a road; and

   (e)  the land shown on the plan of survey be reserved for public purposes.

(2) On receiving the Minister's recommendation, the Governor in Council may,
by Order published in the Government Gazette-

   (a)  revoke the Order in Council specified in Schedule 4 to the extent that
        it applies to any part of the land shown on the plan of survey; and

   (b)  reserve the land on the plan of survey for public purposes.

(3) On publication of the Order under subsection (2) in the Government
Gazette-

   (a)  any part of the land shown on the plan of survey that forms part of
        the foreshore land is deemed to be unalienated land of the Crown,
        freed and discharged from all trusts, limitations, reservations,
        restrictions, encumbrances, estates and interests; and

   (b)  the appointment of any committee of management of the foreshore land
        is revoked to the extent that it applies to the part of the foreshore
        land shown on the plan of survey; and

   (c)  any regulations under section 13 of the Crown Land (Reserves) Act 1978
        are revoked to the extent that they apply to the part of the foreshore
        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-

   (i)  that part of the land ceases to be a road; and

   (ii) all rights, easements and privileges existing or claimed in that part
        of the land either in the public or by any body or person as incident
        to any express or implied grant or past dedication or supposed
        dedication or by user or operation of law or otherwise, cease; and

   (e)  the land shown on the plan of survey is deemed to be temporarily
        reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for
        public purposes; and

   (f)  the Port Phillip City Council is deemed to be the committee of
        management under the Crown Land (Reserves) Act 1978 of the land shown
        on the plan of survey.

(4) In this section-

land includes a stratum of land; the foreshore land means the land described
in Schedule 4.