Victorian Repealed Acts

This legislation has been repealed.

Commonwealth Games Arrangements Act 2001 - SECT 31

Surrender of interests in unreserved Crown land

31. Surrender of interests in unreserved Crown land



(1) The Minister may recommend to the Governor in Council that-

   (a)  the interests (if any) in any Crown land; and

   (b)  the prescribed contractual rights (if any) relating to any Crown land-

which is part of a Commonwealth Games venue be surrendered to the Crown or
extinguished.

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

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

   (b)  being satisfied that the land shown on the plan represents land-

   (i)  the interests (if any) in which are to be surrendered to the Crown;
        and

   (ii) in relation to which prescribed contractual rights (if any) are to be
        extinguished.

(3) This section does not apply to land which is reserved or deemed to be
reserved under the Crown Land (Reserves) Act 1978.

(4) On receiving the Minister's recommendation, the Governor in Council, by
Order published in the Government Gazette, may declare that-

   (a)  the interests (if any) in the land shown on the plan are surrendered
        to the Crown; and

   (b)  the prescribed contractual rights (if any) in relation to the land
        shown on the plan are extinguished.





(5) On publication of an Order under subsection (4) in the Government Gazette-

   (a)  the land is deemed to be unalienated land of the Crown, freed and
        discharged from all limitations; and

   (b)  all prescribed contractual rights (if any) relating to the land are
        extinguished; and

   (c)  if any part of the land is or is being used as a road, that part of
        the land ceases to be a road and all rights, easements and privileges
        existing or claimed in it 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

   (d)  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.

(6) Subsection (5) has effect despite anything to the contrary in section 175A
of the Water Industry Act 1994 or any other Act.

(7) In this section prescribed contractual right means a right (other than an
interest in land) created under an agreement in writing entered into between a
public body and another person (not being the Crown).