Victorian Current Acts Victorian Current ActsS. 64I(1) amended by No. 49/2019 s. 71(2).
(1) The Head, Transport for Victoria may use any Crown land for transport purposes with the approval of the Minister administering the Act relating to the management or use of the land given by the Minister in accordance with any requirements which apply under that Act.
S. 64I(2) amended by No. 49/2019 s. 71(2).
(2) If any Crown land proposed to be so used or managed by the Head, Transport for Victoria is reserved under the Crown Land (Reserves) Act 1978 for a purpose which is inconsistent with that use or management, the Head, Transport for Victoria cannot use or manage the land unless and until the reservation is revoked in accordance with section 9 of that Act.
S. 64I(3) amended by No. 49/2019 s. 71(2).
(3) The Head, Transport for Victoria must make compensation, in respect of the use or management under this section by the Head, Transport for Victoria of any Crown land reserved under the Crown Land (Reserves) Act 1978 for a purpose inconsistent with that use, in the manner and to the extent agreed upon by the Head, Transport for Victoria and the Minister administering the Crown Land (Reserves) Act 1978 .
(4) An agreement under subsection (3) may provide for—
S. 64I(4)(a) amended by No. 49/2019 s. 71(2).
(a) the payment by the Head, Transport for Victoria of a sum of money as agreed upon by the Head, Transport for Victoria and the Minister administering the Crown Land (Reserves) Act 1978 ; or
S. 64I(4)(b) amended by No. 49/2019 s. 71(2).
(b) the undertaking of works or the making of provision by the Head, Transport for Victoria in place of any improvements on the land as agreed upon by the Head, Transport for Victoria and the Minister administering the Crown Land (Reserves) Act 1978 ; or
(c) both the payment of a sum of money in accordance with paragraph (a) and the undertaking of works or the making of provision in accordance with paragraph (b).
(5) If an agreement under subsection (3) provides for the payment of a sum of money, that money must, unless the Minister administering the Crown Land (Reserves) Act 1978 otherwise directs, be paid to that Minister.
(6) The Minister administering the Crown Land (Reserves) Act 1978 may direct that money to be paid under an agreement under subsection (3) must be—
(a) paid to—
(i) the trustees in whom or the Council in which the land is vested; or
(ii) the committee of management appointed in respect of the land; or
(iii) the authority under whose control and management the land has been placed pursuant to section 18 of the Crown Land (Reserves) Act 1978 ; or
S. 64I(6)(a)(iv) amended by No. 49/2019 s. 71(2).
(iv) any other person or persons as are agreed upon by the Head, Transport for Victoria and the Minister administering the Crown Land (Reserves) Act 1978 ; and
(b) applied as directed by the Minister.
(7) If any dispute arises as to the amount of any sum of money payable under this section, that dispute is to be determined by the Governor in Council.
S. 64IA inserted by No. 19/2020 s. 108.