Victorian Consolidated Legislation

Transport Act 1983 - SECT 45

Corporations may use Crown lands reserved under Crown Land (Reserves) Act 1978

45. Corporations may use Crown lands reserved under
Crown Land (Reserves) Act 1978



(1) The Corporation may, with the approval of the Minister administering the
Land Act 1958 (in this section referred to as the relevant Minister) given
after consultation with any other Ministers concerned with the management or
use of the land, use any Crown land for transport purposes.

(2) Where any Crown land proposed to be so used by the Corporation is reserved
under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent
with that use, the Corporation shall not use the land unless and until the
reservation is revoked in accordance with section 9 of that Act.

(3) The Corporation shall make compensation, in respect of the use under this
section by the Corporation of any Crown land reserved under the
Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in
such manner and to such extent as are agreed upon by the Corporation and the
relevant Minister.

(4) An agreement under subsection (3) may provide for-

   (a)  the payment by the Corporation of a sum of money as agreed upon by the
        Corporation and the relevant Minister;



   (b)  the undertaking of works or making of provision by the Corporation in
        place of any improvements on the land as agreed upon by the
        Corporation and the relevant Minister; or

   (c)  both the payment of a sum of money in accordance with paragraph (a)
        and the undertaking of works or making of provision in accordance with
        paragraph (b).

(5) Where an agreement under subsection (3) provides for the payment of a sum
of money, that money shall, unless the relevant Minister otherwise directs, be
paid to him.

(6) The relevant Minister may direct that money to be paid under an agreement
under subsection (3) shall be paid to-

   (a)  the trustees in whom or the municipal council in which the land is
        vested;





   (b)  the committee of management appointed in respect of the land;

   (c)  the authority under whose control and management the land has been
        placed pursuant to section 18 of the Crown Land (Reserves) Act 1978;
        or

   (d)  such other person or persons as are agreed upon by the Corporation and
        the relevant Minister-

and may further direct how the money shall be applied.

(7) Where any dispute arises as to the amount of any sum of money payable
under this section, that dispute shall be determined by the Governor in
Council.