Victorian Current Acts Victorian Current Acts(1) Where in relation to land reserved under section 4—
(a) immediately before the commencement of the Crown Land (Reserves) (Amendment) Act 1984 a person or body habitually used any part of the land for a purpose other than the purpose for which it is reserved; and
S. 17C(1)(b) amended by No. 76/1998 s. 6(f).
(b) the trustees or committee of management of the land or, where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General certified before the expiration of one year after the commencement of the Crown Land (Reserves) (Amendment) Act 1984 that the habitual use had taken place immediately before the commencement of that Act—
notwithstanding anything in this Act and notwithstanding any regulations made under section 13 relating to the land, the trustees or committee of management of the land may, with the approval in writing of the Minister, if the Minister so approves of the purpose for which the land has been habitually used, grant a lease of that part of the reserved land for that purpose and where there are no trustees or committee of management of the land, the Minister may grant such a lease for the purpose for which the land has been habitually used.
S. 17C(2) substituted by No. 19/2018 s. 92.
(2) Subsection (1) does not apply to land reserved under section 4 —
(a) which is reserved for a purpose specified in section 4(1)(l), (m), (n), (o) or (ze) or deemed to be reserved under section 4(6) for the protection of the coastline unless—
(i) the land is subject to an accepted recommendation; and
(ii) the granting of a lease under subsection (1) is consistent with the accepted recommendation; or
(b) which is reserved for a purpose specified in section 4(1)(w) and referred to in an accepted recommendation as a regional park, unless the granting of a lease under subsection (1) is consistent with the accepted recommendation; or
(c) which has been placed under the control and management of an authority pursuant to section 18(1).
S. 17CA inserted by No. 40/2009 s. 11.