Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LIBRARIES ACT 1988 - SECT 43

Transfer or surrender of certain land held in trust

    (1)     This section applies despite anything to the contrary in any Crown grant or document of title or in any trust instrument whatever.

    (2)     In this section "eligible person"—

S. 43(2)(a) amended by No. 85/1998 s. 24(Sch. item 39.1(a)).

        (a)     in relation to land which is under the operation of the Transfer of Land Act 1958 (other than land in an identified folio under that Act), means the registered proprietor of an estate in fee simple in the land; and

S. 43(2)(b) amended by No. 85/1998 s. 24(Sch. item 39.1(b)).

        (b)     in relation to land which is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of that Act, means a person who, from the Register kept under the Property Law Act 1958 , appears to be the owner of an estate in fee simple in the land; and

        (c)     if a person mentioned in paragraph (a) or (b) is dead or the whereabouts of the person are unknown, means the council of the municipal district in which the land is located.

    (3)     This section applies to land specified in a notice published under subsection (6).

    (4)     An eligible person may request the Minister to make a declaration under subsection (6).

    (5)     A request under subsection (4)—

S. 43(5)(a) substituted by No. 23/2000 s. 7.

        (a)     must be in the form, or contain the details, required by the regulations; and

S. 43(5)(b) amended by No. 125/1993 s. 20(7).

        (b)     must include a certificate signed by the Chief Executive Officer of the council of the municipal district in which the land is located stating that, after having made reasonable enquiries, he or she is satisfied the land has been used for library purposes and is no longer required for those purposes.

    (6)     On a request in accordance with this section, the Minister may by notice published in the Government Gazette declare land specified in the notice to be land to which this section applies if the Minister is satisfied that the land has been used for library purposes.

    (7)     The Minister cannot under subsection (6) declare library land to be land to which this section applies.

    (8)     An eligible person may apply to the Minister for authority to surrender to the Crown land to which this section applies or to transfer or convey it to the council of the municipal district in which the land is located.

    (9)     An application under subsection (8)—

        (a)     must be in accordance with the regulations; and

        (b)     if the applicant is not a council, must include the written consent of the council to the application; and

        (c)     must include the written consent to the application of any lessee, mortgagee or other person having an estate, interest or equity of redemption in the land.

    (10)     Within 14 days after making an application under this section, the applicant must cause notice of the application to be published in a newspaper circulating in the area in which the land is located and in a newspaper circulating generally in Victoria.

    (11)     A notice under subsection (10)—

        (a)     must be in accordance with the regulations; and

        (b)     must state the period, being the prescribed period, within which any person may lodge objections with the Minister.

    (12)     A person may within the period stated in the notice lodge with the Minister a written objection to the granting of an application under this section.

    (13)     Before deciding on the application the Minister must consider all objections lodged within the period stated in the notice.

    (14)     On an application in accordance with this section and after complying with subsection (13), the Minister may authorise the applicant to surrender land to the Crown or to transfer or convey it to the council of the municipal district in which the land is located, if the Minister is satisfied—

        (a)     that the land is no longer required for library purposes; and

        (b)     that it is in the public interest to grant the application; and

        (c)     the purposes for which the land may or must be used are not the subject of proceedings before or a subsisting order of a Court.

    (15)     If so authorised by the Minister, an eligible person may surrender land by transferring or conveying it to the Crown or transfer or convey land to a municipal council.

    (16)     For the purposes of this section, an eligible person referred to in subsection (2)(c) may execute a transfer or conveyance of land in the name and on behalf of the registered proprietor or owner and a transfer or conveyance so executed has the same effect as a transfer or conveyance executed by the registered proprietor or owner.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback