Victorian Consolidated Legislation

Subdivision Act 1988 - SECT 20

What must the Council do with public open space?

20. What must the Council do with public open space?



(1) A Council must set aside for public open space any land which is vested in
the Council for that purpose.

(2) The Council must use any payment towards public open space it receives
under this Act or has received under section 569B(8A) of the Local Government
Act 1958 but has not applied under subsection (8C) of that section or the
proceeds of any sale of public open space to-

   (a)  buy land for use for public recreation or public resort, as parklands
        or for similar purposes; or

   (b)  improve land already set aside, zoned or reserved (by the Council, the
        Crown, a planning scheme or otherwise) for use for public recreation
        or public resort, as parklands or for similar purposes; or

   (c)  with the approval of the Minister administering the
        Local Government Act 1989, improve land (whether set aside on a plan
        or not) used for public recreation or public resort, as parklands or
        for similar purposes.



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(4) Public open space can be used for municipal purposes in accordance with
the planning scheme, or sold only if the Council has provided for replacement
public open space.