Victorian Current Acts Victorian Current Acts(1) The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 11 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.
(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of sport, recreation and entertainment.
(3) On publication in the Government Gazette of an Order under this section—
(a) the Order in Council dated 29 October 2002, published in Special Gazette No. 194 dated 29 October 2002, page 1 is revoked to the extent that it applies to the land in the plan of survey; and
(b) subject to paragraph (e) and subsection (4), the land in the plan of survey to a depth of 10 metres from the surface is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(c) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(d) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and
(e) the land in the plan of survey to a depth of 10 metres from the surface is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of sport, recreation and entertainment.
(4) Nothing in this section affects the status or continuity of any easement created under section 339B of the Land Act 1958 and existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section.
S. 31D inserted by No. 62/2007 s. 13.