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YARRA RIVER PROTECTION (WILIP-GIN BIRRARUNG MURRON) ACT 2017 - SECT 14

Governor in Council may declare area to be Yarra River land

    (1)     The Governor in Council, on the recommendation of the Minister, by order published in the Government Gazette, may declare an area of land forming part of land specified in subsection (3) to be Yarra River land.

    (2)     The Governor in Council, on the recommendation of the Minister, by order published in the Government Gazette, may add land specified in subsection (3) to Yarra River land.

    (3)     For the purposes of subsections (1) and (2), the specified land is land—

        (a)     that is adjacent to the Yarra River, or any part of which is within 500 metres of a bank of the Yarra River; and

        (b)     that is one of the following types of land—

              (i)     land reserved under the Crown Land (Reserves) Act 1978 ;

              (ii)     land under the Land Act 1958 ;

              (iii)     reserved forest within the meaning of the Forests Act 1958 ;

              (iv)     land under the management and control of the Secretary under the Wildlife Act 1975 ;

              (v)     land that is a park within the meaning of the National Parks Act 1975 ;

              (vi)     freehold land owned by a responsible public entity; and

        (c)     that is not one of the following types of land—

              (i)     excluded land;

              (ii)     land that is privately owned;

              (iii)     land that is owned by a municipal council.

    (4)     The Governor in Council, on the recommendation of the Minister, by order published in the Government Gazette, may remove land from Yarra River land.

    (5)     The Minister must—

        (a)     if the Minister administering this Act is not the Planning Minister, obtain the approval of the Planning Minister before making a recommendation under subsection (1), (2) or (4); and

        (b)     consult with the Council before making a recommendation under subsection (4).

    (6)     An order under this section must identify the land to which it applies by reference to a numbered plan lodged in the Central Plan Office.



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