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MELBOURNE (YARRA PARK) LAND ACT 1980 - SECT 14

Unused road to be added to Yarra Park Reserve

    (1)     The Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council that any part of the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./09-309 be added to Yarra Park Reserve.

    (2)     The Minister may make a recommendation under subsection (1) on—

        (a)     receiving plans of land signed by the Surveyor-General; and

        (b)     being satisfied that the land shown on the plans signed by the Surveyor-General represents land that is to be added to Yarra Park Reserve.

    (3)     On receiving a recommendation of the Minister under subsection (1), the Governor in Council, by Order     published in the Government Gazette, may declare that the land shown on the plans signed by the Surveyor-General is to be added to Yarra Park Reserve.

    (4)     On the publication of an Order under subsection (3)—

        (a)     the land shown on the plans signed by the Surveyor-General is taken to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purpose of a public park; and

        (b)     the land shown on the plans signed by the Surveyor-General is taken to be included in, and form part of, the land permanently reserved under the Order in Council specified in Schedule 1; and

        (c)     the Trust is taken to be appointed as the committee of management for the land shown on the plans signed by the Surveyor-General under section 14(2) of the Crown Land (Reserves) Act 1978 .

    (5)     On the publication of an Order under subsection (3), the land shown on the plans signed by the Surveyor-General—

        (a)     ceases to be a road or a part of a road or a road reserve and all rights, easements and privileges existing or claimed either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease; and

        (b)     is taken to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that publication.

S. 15 inserted by No. 89/2009 s. 8.



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