Victorian Consolidated Legislation

Project Development and Construction Management Act 1994 - SECT 17

Grant of land to facilitating agency

17. Grant of land to facilitating agency



(1) The Governor in Council on behalf of the Crown may grant to a facilitating
agency for the purposes of a nominated project for an estate in fee simple-

   (a)  land divested or surrendered under section 18 or 18A; or



   (b)  any other unalienated land of the Crown that is not reserved under the
        Crown Land (Reserves) Act 1978.

(2) A grant of land-

   (a)  under subsection (1)(a) must be made on the recommendation of the
        responsible Minister;

   (b)  under subsection (1)(b) must be made on the recommendation of the
        Minister administering Part IX of the Land Act 1958.

(3) The Governor in Council may, as a condition of granting land to a
facilitating agency, require it to agree to pay into the Consolidated Fund or,
if the land was surrendered by or divested from a public body, to that body,
an amount or amounts at the times or over the period determined by the
Governor in Council.

(4) A condition under subsection (3) may only be imposed on the joint
recommendation of-

   (a)  the responsible Minister and the Minister responsible for the public
        body, in the case of land surrendered by or divested from a public
        body; or

   (b)  the responsible Minister and the Minister administering Part IX of the
        Land Act 1958, in any other case.

(5) The grant-

   (a)  if it is of land covered with waters of the sea, must be to a depth
        not greater than 60 metres below high water mark; and

   (b)  if it is for other land, must be to a depth not greater than 60 metres
        below the surface of the land; and

   (c)  may contain any other terms, covenants, conditions or limitations that
        the Governor in Council determines.

(6) Land may be granted to a facilitating agency with or without consideration
being given by the facilitating agency.

(7) Sections 339A and 339B of the Land Act 1958 apply to a grant of land under
this section as if it were a grant of land in fee simple under that Act.