Victorian Consolidated Legislation

Planning and Environment Act 1987 - SECT 44

Roads on land other than Crown land

44. Roads on land other than Crown land



(1) Any land in a road which is closed by an amendment to a planning scheme
vests in-

   (a)  the municipal council in whose municipal district the land is
        situated; or

   (b)  the Minister, if the land is not in a municipal district; or

   (c)  the Minister administering the Road Management Act 2004 despite
        anything to the contrary in paragraph (a) or (b), if the road was-

   (i)  a freeway or an arterial road within the meaning of that Act; or

   (ii) vested in the Roads Corporation-



upon the publication of the notice of approval of the amendment in the
Government Gazette unless the land is Crown land.

(2) The publication of the notice brings the land under the operation of the
Transfer of Land Act 1958 if it is not already under that Act.

(3) Any person in whom land is vested under subsection (1) may lease, sell or
otherwise dispose of the land by public auction, private agreement or
otherwise, subject to any terms and conditions the person thinks fit.





(4) If-

   (a)  a Minister or a council transfers land to any other person under
        subsection (3); and

   (b)  the instrument of transfer is lodged with the Registrar of Titles
        together with a copy from the Government Gazette of the notice of
        approval of the amendment to the planning scheme-

the Registrar of Titles must make any recordings in the Register that are
necessary to give effect to the transfer, without the production of any other
document.

(5) If a Minister or a council decides to keep the land in the road for any
purpose, section 54 of the Transfer of Land Act 1958 applies as if the
Minister or the council had acquired the land compulsorily.