Victorian Current Acts

LAND ACT 1958 - SEVENTH SCHEDULE

Seventh Schedule

FORM OF SUMMONS TO UNAUTHORIZED OCCUPANT

Elizabeth II, to wit.



To         of         in Victoria.

You are hereby summoned to appear before the Magistrates' Court to be holden at         on         the         day of                 , at         o'clock in the forenoon, then and there to answer to an information authorized by the Minister for the time being administering the Conservation, Forests and Lands Act 1987 , for that you are in the unauthorized and illegal occupation of certain Crown lands, to wit—
possession of which you neglect or refuse to deliver up.

Given under     hand and seal this         day of     in the year One thousand nine hundred and
                        Magistrate ( L . S .)

_______________

Note.—In case you fail to attend this summons, upon proof of reasonable notice to you of the same, the complaint will be heard in your absence, and such order made as to the Court shall seem fit.

Sch. 7A inserted by No. 7548 s. 7(2), amended by Nos 7703 s. 5, 7876 s. 2(3), 41/1987 s. 103(Sch. 4 item 39.66), 57/1989 s. 3(Sch. item 109.17(a)–(d)), 76/1998
s. 11(n), 51/2016 s. 28, 25/2023 s. 7(Sch.  1 item 17.30).

Schedule Seven A

Land Act 1958

Section 188A

COMPLAINT AND SUMMONS

In the Magistrates' Court at

of

an authorised officer a person authorized by the Secretary to the Department of Environment, Land, Water and Planning

  

Complainant.

of                             Defendant.

The complaint of the
who saith that the above-named defendant is the owner of a
which is on the Crown land described in the Schedule hereto and that demand having been made on him on the     day of     20 pursuant to section 188A of the Land Act 1958 he failed to produce within 21 days a current lease licence permit or other authority under the Act or some other Act authorizing him to keep or maintain the
on the Crown land.

                            Complainant.

SCHEDULE

County of                 Parish of

being the Crown land having an area of approximately

situate

To                     of

WHEREAS the above-named complaint has this day been made by the above-named                 before me a Magistrates [or the Registrar of the Magistrates' Court         at]:
These are therefore to command you in His Majesty's name to be and appear on the         day of         20 at the hour of
        o'clock in the     noon before the Magistrates' Court to answer the complaint and to show cause why an order should not be made pursuant to section 188A of the Land Act 1958 for the removal of the
        from the land.

Dated at             the         day
of                 20 .

    Magistrate

    Registrar of Magistrates' Court.

Section 195.

Sch. 8 amended by Nos 7332 s. 2(Sch. 1 items 49, 50), 16/1986 s. 30, 41/1987 s. 103(Sch. 4 item 39.67), 57/1989 s. 3(Sch. item 109.18(a)(b)), 37/2014 s. 10(Sch. item 92.3).