Victorian Numbered Acts

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MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - SECT 57

Effect of surrender or divesting

    (1)     This section applies to land on—

        (a)     the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of the land that a public authority or Council is required to surrender under section 55(1)(a); or

        (b)     the publication in the Government Gazette of an Order under section 55(1)(b) in respect of the land; or

        (c)     the publication in the Government Gazette of an Order under section 56 in respect of the land.

    (2)     The land is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

    (3)     Unless the relevant Order under section 55 or 56 expressly excludes the operation of this sub-section, if any part of the land is or is being used as a road

        (a)     that part of the land ceases to be a road; and

        (b)     all rights, easements and privileges existing or claimed in that part of the 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.

    (4)     Unless the relevant Order under section 55 or 56 expressly excludes the operation of this sub-section, if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the 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.

    (5)     The land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project.

    (6)         This section has effect despite anything to the contrary in section 175A of the Water Industry Act 1994 , section 10 or clause 1 of Schedule 5 to the Road Management Act 2004 or any other Act.



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