Victorian Consolidated Legislation

Project Development and Construction Management Act 1994 - SECT 18A

Surrender of interests in unreserved Crown land

18A. Surrender of interests in unreserved Crown land



(1) The responsible Minister may recommend to the Governor in Council that-

   (a)  the interests (if any) in any Crown land; and

   (b)  the prescribed contractual rights (if any) relating to any Crown land-

which is part of an area specified in an application order for a nominated
project be surrendered to the Crown or extinguished.

(2) The responsible Minister may make a recommendation under subsection (1)
on-

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

   (b)  being satisfied that the land shown on the plan represents land-

   (i)  the interests (if any) in which are to be surrendered to the Crown;
        and

   (ii) in relation to which prescribed contractual rights (if any) are to be
        extinguished.

(3) This section does not apply to land which is reserved under the
Crown Land (Reserves) Act 1978.

(4) On receiving the responsible Minister's recommendation, the Governor in
Council may, by order published in the Government Gazette, declare that-

   (a)  the interests (if any) in the land shown on the plan are surrendered
        to the Crown; and

   (b)  the prescribed contractual rights (if any) in relation to the land
        shown on the plan are extinguished.

(5) On publication of an order under subsection (4) in the Government Gazette-

   (a)  the land is deemed to be unalienated land of the Crown, freed and
        discharged from all limitations; and

   (b)  all prescribed contractual rights (if any) relating to the land are
        extinguished; and

   (c)  if any part of the land is or is being used as a road, that part of
        the land ceases to be a road and all rights, easements and privileges
        existing or claimed in it 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

   (d)  if any part of the land is the bed, soil and banks of a river, 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.

(6) Subsection (5) has effect despite anything to the contrary in section 175A
of the Water Industry Act 1994 or any other Act.

(7) In this section prescribed contractual right means a right (other than an
interest in land) created under an agreement in writing entered into between a
public body and another person (not being the Crown).