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MELBOURNE AND OLYMPIC PARKS ACT 1985 - SECT 23

Power to excise an area to be surveyed from Flinders Park

S. 23(1) amended by No. 46/1998
s. 7(Sch. 1).

    (1)     The Minister administering the Crown Land (Reserves) Act 1978 upon receiving a plan of survey of a portion of the land known as Flinders Park signed by the Surveyor-General and upon being satisfied that the land described in the plan of survey corresponds as nearly as practicable with the land shown cross hatched in the Plan in Part 2 of the Schedule may recommend to the Governor in Council that the land shown in the plan of survey be excised from the reservation of the land known as Flinders Park.

    (2)     Upon receiving such a recommendation the Governor in Council may by proclamation published in the Government Gazette revoke the Order in Council of 9 June 1873 and Crown grant Volume 600 Folium 119903 so far as they relate to the land shown in the plan of survey.

    (3)     On the day on which a proclamation revoking the said Order in Council as provided in subsection (2) is published in the Government Gazette every other Order in Council or proclamation so far as it reserves or affects or purports to reserve or affect the land shown in the plan of survey shall also be revoked and the said land—

        (a)     shall notwithstanding anything in the Act become and be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations limitations and restrictions whatsoever and from every estate or interest therein; and

        (b)     shall be deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes being in particular the purposes of a national tennis centre.

    (4)     For the purposes of this section the land known as Flinders Park means the land the title particulars of which are described in paragraph 1 of Part 1 of the Schedule.



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