Victorian Current Acts Victorian Current Acts(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).
S. 19 substituted by No. 46/1997
s. 12.