Victorian Current Acts Victorian Current ActsS. 42(1) substituted by No. 6976 s. 7(1)(b).
(1) Subject to any adjustment of boundaries made as hereinafter provided and subject to any excision made under any repealed Act or enactment—
(a) all unoccupied Crown land within the areas mentioned in the Second Schedule to this Act;
(b) all land dedicated as permanent forests or as timber reserves before the commencement of the Forests (Further Amendment) Act 1962 pursuant to any enactment repealed by that Act or any corresponding previous enactment; and
(c) all land dedicated pursuant to this Act after the said commencement as reserved forests—
shall be reserved forests.
S. 42(2) amended by No. 6976 s. 7(1)(c).
(2) A reserved forest or any part thereof shall not be alienated either wholly or in part for any estate in fee simple or for any lesser estate save as hereinafter expressly provided.
S. 42(3) amended by Nos 6976 s. 7(1)(c), 25/2023 s. 7(Sch. 1 item 15).
(3) Every conveyance and alienation of a reserved forest or any part thereof in contravention of this section shall be absolutely void as well as against His Majesty as against all other persons whomsoever.
S. 42(4) amended by Nos 6976 s. 7(1)(c), 86/1993 s. 41(2), 48/2004 s. 102(1), 63/2006 s. 61(Sch. item 16), 12/2016 s. 23(1), 24/2024 s. 45(1).
(4) Subject to subsection (4B), except under and pursuant to this Act no lease or licence or permit or authority (other than for carrying out exploration or mining within the meaning of the Mineral Resources (Sustainable Development) Act 1990 ) shall be granted or issued over or in respect of any reserved forest.
S. 42(4A) inserted by No. 48/2004 s. 102(2), repealed by No. 24/2024 s. 45(2).
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S. 42(4B) inserted by No. 12/2016 s. 23(2).
(4B) Nothing in subsection (4) prevents a bee site licence being granted under the Land Act 1958 over reserved forest.
S. 42(5) amended by No. 96/1994 s. 55(b)(i)(ii).
(5) For the purposes of this and the next succeeding section Crown land shall be deemed to be unoccupied notwithstanding that a grazing licence or an agricultural licence has either before or after the commencement of this Act been granted by the Governor in Council or the Minister in respect of the whole or any part thereof.
S. 42(6) amended by Nos 6976 s. 7(1)(c), 9549 s. 2(1)(Sch. item 64),
10087 s. 3(1)(Sch. 1 item 80), 81/1989 s. 3(Sch. item 17.2),
46/1998
s. 7(Sch. 1), 6/2009 s. 52.
(6) The Governor in Council may at any time on the joint recommendation of the Minister and the Minister administering the Mineral Resources (Sustainable Development) Act 1990 excise either temporarily or permanently from any reserved forest any portion thereof which is required for public use as mineral or medicinal springs, or for reservation for visitors to any waterfalls, caves, or places of natural beauty or interest or as health resorts or for sites for townships or for State schools, or for providing roads and means of access thereto or for irrigation purposes or water supply purposes. Any land so excised for water supply purposes may be vested by the Governor in Council (subject to such terms conditions and reservations as he may think fit) in any Authority under the Water Act 1989 .
(7) No Order in Council may be made under the preceding subsection until a copy of such proposed order has been published in the Government Gazette and been laid before Parliament for at least one month, and until a copy of such proposed order has been forwarded to each member of Parliament.
S. 42(8) amended by Nos 6976 s. 7(1)(c), 7740 s. 2(a)(b), 10087
s. 3(1)(Sch. 1 item 81), 41/1987 s. 103(Sch. 4 items. 24.41,
24.42),
76/1998
s. 10(1)(h).
(8) Notwithstanding anything in this section the Governor in Council may acquire by exchange of land dedicated as a reserved forest—
(a) any alienated land or any Crown land licensed or leased with an inchoate right of purchase; or
(b) any land, public or private, and whether vested in trustees or otherwise—
and may execute the proper conveyances accordingly, and may by Order published in the Government Gazette dedicate the land as a reserved forest but no Order in Council for the acquisition by exchange of any Crown land licensed or leased with an inchoate right of purchase shall be made unless on the recommendation of the Secretary.
(9) For the purposes of this and the next succeeding section and of dedication of areas of unoccupied mountainous Crown lands pursuant to this Act, Crown land shall be deemed to be unoccupied notwithstanding that—
(a) (whether before or after the commencement of this Act) such land or any part thereof has been under the Mines Act 1958 or any corresponding previous enactment or under Division eleven of Part I of the Land Act 1958 or any corresponding previous enactment—
(i) registered or granted as a residence area; or
(ii) occupied as a residence area or under a business licence; or
(b) after the commencement of the Forests Act 1907 a lease or licence of or a permit in respect of such land or any part thereof has been granted pursuant to section fifty-one or section fifty-two of this Act or any corresponding previous enactment.
Ss 43, 44 repealed by No. 6976 s. 7(1)(d).
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