Victorian Consolidated Legislation

Land (Further Miscellaneous Matters) Act 1990 - SECT 14

Excision, road closure and re-reservation

14. Excision, road closure and re-reservation



(1) As soon as possible after completing road works on the land specified in
item 1 of Schedule 5, the Roads Corporation of Victoria must publish in the
Government Gazette notice of the completion of the works.

(2) At any time after-

   (a)  the registration under the Transfer of Land Act 1958 of a transfer and
        surrender to the Crown of the land shown as parcels numbered 12, 13
        and 14 on a plan bearing the identifying reference LEGL/89-2 and
        lodged in the Central Plan Office; and

   (b)  the Roads Corporation has entered into an agreement under
        section 45(3) of the Transport Act 1983 in relation to the land
        specified in item 1 of Schedule 5; and







   (c)  the Roads Corporation has published in the Government Gazette a notice
        under sub-section (1)-

the Minister may recommend to the Governor in Council that an Order be made
under sub-section (3).

(3) The Governor in Council on the Minister's recommendation under sub-section
(2) may, by Order published in the Government Gazette-

   (a)  declare that the land specified in item 2 of Schedule 5 is unalienated
        land of the Crown; and

   (b)  close the roads on the land specified in item 3 of Schedule 5; and

   (c)  permanently reserve under the Crown Land (Reserves) Act 1978 the land
        specified in item 4 of Schedule 5 as a site for the conservation of an
        area of natural interest.

(4) On the publication in the Government Gazette of an Order under sub-section
(3)-

   (a)  any Crown grant of the land specified in item 2 of Schedule 5 is
        revoked to the extent that it applies to the land specified in that
        item and the land specified in that item is deemed to be unalienated
        land of the Crown and, subject to paragraph (b), is freed and
        discharged from all trusts, limitations, reservations, restrictions,
        encumbrances, estates and interests; and

   (b)  any right which the Roads Corporation has to use the land specified in
        item 1 of Schedule 5 under section 45 of the Transport Act 1983
        continues until the land becomes a highway under the
        Transport Act 1983; and

   (c)  the land specified in item 3 of Schedule 5 over which the roads closed
        by the Order ran ceases to be a road, and all rights, easements and
        privileges existing or claimed (either in the public, by any person,
        by dedication, supposed dedication, past user, operation of law or
        otherwise) in the land determine; and

   (d)  the land specified in item 3 of Schedule 5 is deemed to be unalienated
        land of the Crown, freed and discharged from all trusts, limitations,
        reservations, restrictions, encumbrances, estates and interests; and

   (e)  the land specified in item 4 of Schedule 5 is permanently reserved
        under the Crown Land (Reserves) Act 1978 in accordance with the Order.

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