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MELBOURNE AND OLYMPIC PARKS ACT 1985 - SECT 25

Power to excise an area to be surveyed from the Public Park Reserve

S. 25(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 shown as Public Park Reserve on the plan in Part 2 of the Schedule 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 horizontally hatched on 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 shown as Public Park Reserve.

    (2)     Upon receiving such a recommendation the Governor in Council may by proclamation published in the Government Gazette revoke the Order in Council of 13 September 1950 so far as it relates 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 any 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 shown as Public Park Reserve on the Plan in Part 2 of the Schedule" is the land the title particulars of which are described in paragraph 3 of Part 1 of the Schedule.

S. 25A inserted by No. 90/1994 s. 4.



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