Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), the Minister, after consulting with the Minister administering the Crown Land (Reserves) Act 1978 , may recommend to the Governor in Council that any temporary reservation of any part of the project land that is the subject of the project licence be revoked.
(2) The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied—
(a) that the project licence has
expired;
and
(b) that the project land is unalienated Crown land; and
(c) that, on the making of an Order under subsection (3), the project land will be unreserved Crown land.
(3) After receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the reservation of the part of the project land.
(4) An Order under subsection (3) takes effect on the day that it is published in the Government Gazette.
(5) On an Order under subsection (3) taking effect—
(a) the project land is deemed to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b) if any part of the project land is or is being used as a road—
(i) that part of the project land ceases to be a road; and
(ii) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to that part of the project land cease; and
(c) if any part of the project land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the project land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and
S. 56ZO(5)(d) amended by No. 49/2019 s. 186(Sch. 4 item 28.34).
(d) the appointment of the Head, Transport for Victoria as committee of management is revoked to the extent that it applies to the project land.
(6) Nothing in subsection (5) affects or extinguishes any right or interest created by operation of the Agreement.
S. 56ZP inserted by No. 70/2016 s. 42.