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This Act may be cited as the Land Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
S. 2 amended by Nos 7228 s. 7(Sch. 4 Pt 19(a)), 7849 s. 3(4)(a), 8461 s. 2, 9212 s. 2(1), 81/1989 s. 3(Sch. item 25.1), 92/1990 s. 128(Sch. 1 item 13.1), 63/2006 s. 61(Sch. item 19), repealed by No. 40/2020 s. 35.
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S. 2A inserted by No. 41/1987 s. 103(Sch. 4 item 39.2).
In this Act, unless inconsistent with the context or subject-matter—
S. 2A def. of appointed land inserted by No. 62/2010 s. 121(1).
appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 2A def. of authorised officer substituted by No. 68/2016 s. 167, amended by No. 40/2019 s. 102.
authorised officer means a person appointed as an authorised officer for the purposes of this Act under—
Part 9 of the Conservation, Forests and Lands Act 1987; or
Part 3 of the Victorian Fisheries Authority Act 2016; or
Part 3 of the Game Management Authority Act 2014;
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S. 2A def. of Central Plan Office inserted by No. 51/2016 s. 16, repealed by No. 53/2017 s. 79.
Department has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 2A def. of Director-General repealed by No. 76/1998 s. 11(a)(i).
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S. 2A def. of Great Ocean Road coast and parks inserted by No. 42/2021 s. 85(1).
Great Ocean Road coast and parks has the same meaning as in section 3 of the Great Ocean Road and Environs Protection Act 2020;
S. 2A def. of Great Ocean Road Coast and Parks Authority inserted by No. 42/2021 s. 85(1).
Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;
S. 2A def. of joint management plan inserted by No. 62/2010 s. 121(1).
joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 2A def. of land manager inserted by No. 42/2021 s. 85(1).
land manager means—
for Parks Victoria recorded land, Parks Victoria; or
for land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q of the Great Ocean Road and Environs Protection Act 2020, the Great Ocean Road Coast and Parks Authority; or
for all other land, the Secretary;
S. 2A def. of licensed water frontage inserted by No. 40/2020 s. 35A(a).
licensed water frontage means water frontage which is under a licence under Division 8 of Part I or section 138;
S. 2A def. of municipal council inserted by No. 40/2020 s. 35A(a).
municipal council has the same meaning as Council has in the Local Government Act 2020;
S. 2A def. of Parks Victoria inserted by No. 40/2020 s. 35A(a).
Parks Victoria has the same meaning as in the Parks Victoria Act 2018;
S. 2A def. of police officer inserted by No. 37/2014 s. 10(Sch. item 92.1).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 2A def. of regulated watercourse land inserted by No. 40/2020 s. 35A(a), amended by No. 42/2021 s. 85(2).
regulated watercourse land means Crown land within 200 metres of the bank of a watercourse within the meaning of Part XII which is not any one or more of the following—
under a lease or a residence area right;
vested in trustees or in a municipal council;
placed under the control of a public authority other than the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority;
land in respect of which a committee of management has been appointed under the Crown Land (Reserves) Act 1978;
S. 2A def. of Secretary inserted by No. 76/1998 s. 11(a)(ii).
Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;
S. 2A def. of tour operator licence inserted by No. 40/2009 s. 25, amended by No. 43/2012 s. 3(Sch. item 25.1(a)).
tour operator licence means a licence granted under section 140I;
S. 2A def. of Traditional Owner Land Management Board inserted by No. 62/2010 s. 121(1), amended by Nos 43/2012 s. 3(Sch. item 25.1(b)), 40/2020 s. 35A(b).
Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 2A def. of water frontage inserted by No. 40/2020 s. 35A(a), amended by No. 42/2021 s. 85(3).
water frontage means Crown land (including land temporarily or permanently reserved)—
which has a frontage to the sea or a watercourse within the meaning of Part XII; and
which is not under a lease, licence or residence area right; and
which is not reserved as a water reserve along any public road under the Crown Land (Reserves) Act 1978; and
which is not—
vested in trustees or in a municipal council; or
placed under the control of a public authority other than Parks Victoria or the Great Ocean Road Coast and Parks Authority; or
land in respect of which a committee of management has been appointed under the Crown Land (Reserves) Act 1978.
S. 2B inserted by No. 67/2016 s. 32.
If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than section 409) does not apply to a member of the traditional owner group—
who is bound by the agreement; and
who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.
Introductory
Nos 3709 s. 3, 4095 s. 2.
S. 3 amended by No. 27/2001 s. 3(Sch. 1 item 4.2) (ILA s. 39B(1)).
In this Part unless inconsistent with the context or subject-matter—
S. 3(1) def. of accepted recom-mendation inserted by No. 19/2018 s. 136, substituted by No. 11/2026 s. 58(1)(b).
accepted recommendation, in relation to land, means—
the most recent Government response with respect to any Commissioner's recommendation that applies to the land; or
if there is no such Government response, the most recent Land Conservation Council recommendation that applies to the land (if any);
S. 3(1) def. of agricultural allotment repealed by No. 96/1994 s. 17.
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S. 3(1) def. of agriculture inserted by No. 96/1994 s. 3(a).
agriculture includes horticulture and grazing;
S. 3(1) def. of bee site licence inserted by No. 12/2016 s. 14.
bee site licence means a licence granted under section 142(1) for the purpose of keeping hives or farming bees;
S. 3(1) def. of bee site licence area inserted by No. 12/2016 s. 14.
bee site licence area means the area of land over which a bee site licence is granted;
S. 3(1) def. of bee site licence fee inserted by No. 12/2016 s. 14.
bee site licence fee means the fee for the grant of a bee site licence determined by the Minister in accordance with section 144;
S. 3(1) def. of bee site licensee inserted by No. 12/2016 s. 14.
bee site licensee means a person who holds a current bee site licence;
S. 3(1) def. of Board repealed by No. 7228 s. 7(Sch. 4 Pt 19(b)(i)).
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cattle in Divisions eight and fourteen of this Part includes bulls cows oxen heifers steers calves horses mares geldings colts and fillies;
cattle in Divisions twelve and thirteen of this Part includes bulls cows oxen heifers steers calves horses mares geldings colts fillies asses mules sheep and goats;
S. 3(1) def. of Commis-sioner's recom-mendation inserted by No. 11/2026 s. 58(1)(a).
Commissioner's recommendation means a recommendation in a report submitted under section 19J(1) or 19U(1) of the Commissioner for Environmental Sustainability Act 2003;
country lands means any lands not situate within any city town or borough;
cultivate includes planting cereal or root crops planting an orchard vineyard nursery shrubbery or wattles or other trees or laying down land with artificial grasses;
S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 4.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 33.1), amended by No. 4/2009 s. 37(Sch. 1 item 15.1).
domestic partner of a person means—
a person who is in a registered domestic relationship with the person; or
a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S. 3(1) def. of fence substituted by No. 7733 s. 34, amended by Nos 8461 s. 3(a), 81/1989 s. 3(Sch. item 25.2), repealed by No. 40/2020 s. 36(a).
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S. 3(1) def of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 6.1).
film friendly principles has the same meaning as in the Filming Approval Act 2014;
S. 3(1) def of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 6.1).
film permit has the same meaning as in the Filming Approval Act 2014;
S. 3(1) def. of forest produce inserted by No. 96/1994 s. 3(b), amended by No. 48/2004 s. 135.
forest produce means forest produce within the meaning of the Forests Act 1958;
S. 3(1) def. of Government response inserted by No. 11/2026 s. 58(1)(a).
Government response means a response published under section 19L(4) or 19W(4) of the Commissioner for Environmental Sustainability Act 2003, including any amendment to the response set out in a statement published under section 19M(6) or 19X(6) of that Act;
S. 3(1) def. of grazing allotment repealed by No. 96/1994 s. 17.
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S. 3(1) def. of Land Classification Board repealed by No. 96/1994 s. 17.
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S. 3(1) def. of Land Conservation Council recom-mendation inserted by No. 11/2026 s. 58(1)(a).
Land Conservation Council recommendation means a recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);
S. 3(1) def. of land manager inserted by No. 19/2018 s. 136, repealed by No. 42/2021 s. 86.
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S. 3(1) def. of metropolis substituted by No. 85/2006 s. 173(Sch. 1 item 2.3).
metropolis means the waterway management district of Melbourne Water Corporation under the Water Act 1989;
S. 3(1) def. of Minister inserted by No. 7228 s. 7(Sch. 4 Pt 19(b)(ii)), amended by No. 10087 s. 3(1)(Sch. 1 item 121), repealed by No. 46/1998 s. 7(Sch. 1).
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S. 3(1) def. of noxious weed inserted by No. 52/1994 s. 97(Sch. 3 item 16.1).
noxious weed has the same meaning as in the Catchment and Land Protection Act 1994;
S. 3(1) def. of occupy amended by No. 8461 s. 3(b).
occupy in Division four of this Part means except where otherwise expressly provided residence by a selection purchase lessee in his own proper person on or within nine kilometres of his allotment;
S. 3(1) def. of Parks Victoria inserted by No. 19/2018 s. 136, repealed by No. 40/2020 s. 36(a).
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S. 3(1) def. of Parks Victoria recorded land inserted by No. 19/2018 s. 136.
Parks Victoria recorded land has the same meaning as in the Conservation, Forests and Lands Act 1987;
Part means Part of this Act;
S. 3(1) def. of perpetual lessee amended by Nos 9019 s. 2(1)(Sch. item 99), 30/2014 s. 14(a).
perpetual lessee includes any transferee assignee and representative of a perpetual lessee and any person to whom the interest of a perpetual lessee comes by operation of law and shall be deemed to be included in the terms owner and proprietor in every Act where such terms refer to lands;
S. 3(1) def. of pest animal inserted by No. 52/1994 s. 97(Sch. 3 item 16.1).
pest animal means a pest animal under the Catchment and Land Protection Act 1994;
S. 3(1) def. of protected forest inserted by No. 96/1994 s. 3(c).
protected forest means protected forest within the meaning of the Forests Act 1958;
S. 3(1) def. of regulations substituted by No. 7548 s. 8(2)(b).
regulations means regulations made under this Act;
S. 3(1) def. of road inserted by No. 96/1994 s. 3(d), amended by No. 51/2016 s. 17.
road includes—
a street; and
Crown land delineated or shown as a road in any original map or plan in the Central Plan Office in accordance with which Crown land has or may have been sold, leased or licensed, or become subject to a residence area right, excluding formed or metalled roads constructed or maintained by a municipal council; and
Crown land proclaimed to be a road under section 25(3)(c) or under a corresponding previous enactment or under any other Act relating to Crown lands; and
Crown land which has or may have been reserved as a road under the Crown Land (Reserves) Act 1978 and the reservation published in the Government Gazette—
but does not include any road or street on land alienated in fee simple by the Crown;
selector under any previous Land Act or Acts means any person who has selected Crown lands under Part II of The Land Act 1862 or who has become a lessee of any Crown lands under Part II of The Amending Land Act 1865 or who is or has been a licensee under Part II of The Land Act 1869 or who has selected land under Part I of the Land Act 1915 or any amendment thereof or any corresponding previous enactment;
S. 3(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 4.1).
spouse of a person means a person to whom the person is married;
S. 3(1) def. of stratum of Crown land inserted by No. 79/1993 s. 4.
stratum of Crown land means a part of Crown land consisting of a space of any shape below, on or above the surface of the land or partly below and partly above the surface of the land, all the dimensions of which are limited;
substantial and permanent improvements includes dams wells cultivation fencing clearing or draining of a selection purchase allotment and the erecting of a habitable dwelling or farm or other buildings upon and permanently attached to the soil;
traveller means a person travelling with cattle as defined for the purposes of Division twelve or sheep for the bona fide purpose of taking the said cattle or sheep to and leaving them at a market or some other appointed place, but it does not mean any person travelling or who appears or who is deemed hereunder to be travelling with cattle or sheep for the purpose of depasturing the same upon or on either side of any road or track commonly used as a thoroughfare or leading to any auriferous Crown lands on which persons are actually engaged in mining for gold or upon any common, and the burden of proving such bona fide purpose aforesaid and of disproving such purpose of depasturing aforesaid shall in all criminal and civil proceedings whatsoever lie upon the person so travelling with cattle or sheep or upon the party who is interested in proving that such person was a "traveller" within the meaning of this Part;
S. 3(1) def. of unused road inserted by No. 96/1994 s. 3(e). amended by No. 40/2020 s. 36(b).
unused road means a road or any part of a road which is the subject of a notice under section 400(1).
S. 3(1) def. of vermin repealed by No. 52/1994 s. 97(Sch. 3 item 16.2).
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S. 3(1) def. of water frontage inserted by No. 96/1994 s. 3(f), repealed by No. 40/2020 s. 36(a).
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S. 3(2) inserted by No. 27/2001 s. 3(Sch. 1 item 4.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 33.2).
For the purposes of the definition of domestic partner in subsection (1)—
S. 3(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 15.2(a)).
registered domestic relationship has the same meaning as in the Relationships Act 2008; and
S. 3(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 15.2(b)).
in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
Note to s. 3 inserted by No. 62/2010 s. 121(2).
Note
Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.
S. 3A inserted by No. 12/2004 s. 160.
A road under this Act (other than a road to which section 400 applies) is a road for the purposes of the Road Management Act 2004 but is a public road for the purposes of that Act only if the road is a public road within the meaning it has in section 3(1) of the Road Management Act 2004.
The relevant road authority for the purposes of the Road Management Act 2004 is, subject to any regulations for the purpose of section 37(1)(c) of the Road Management Act 2004—
the person or body nominated for the purposes of this section in a notice published in the Government Gazette by the Minister administering this Act; or
S. 3A(2)(b) amended by No. 51/2016 s. 18.
if no notice is published, the Secretary.
Nothing in the Road Management Act 2004 is to be construed as requiring that a road which is specified to be an unused road under section 400 must be opened to the public or maintained.
S. 3B inserted by No. 6/2010 s. 25(5)(Sch. 2 item 5) (as amended by No. 45/2010 s. 6).
This Act is interface legislation within the meaning of the Transport Integration Act 2010.
S. 4 amended by No. 7548 s. 2(b), substituted by No. 96/1994 s. 4, repealed by No. 40/2020 s. 37.
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S. 4A inserted by No. 10011 s. 5.
S. 4A(1) amended by No. 25/2023 s. 7(Sch. 1 item 17.1).
The Minister may purchase by agreement for and on behalf of His Majesty any land—
which is attached to land purchased by the Minister pursuant to section 5(1) of the Crown Land (Reserves) Act 1978; or
which is wholly or partly surrounded by Crown land and would in the Minister's opinion, be best dealt with in conjunction with that Crown land.
S. 4A(2) amended by No. 10087 s. 3(1)(Sch. 1 item 122).
The Minister may purchase land under subsection (1) subject to the condition that the vendor may continue to occupy the land for the vendor's lifetime or any period agreed to by the Minister.
S. 4A(3) amended by No. 25/2023 s. 7(Sch. 1 item 17.1).
Any land purchased pursuant to this section shall be surrendered and transferred or conveyed to His Majesty and shall thereupon be unalienated land of the Crown freed and discharged from all trusts, encumbrances, limitations and restrictions whatsoever and from every estate or interest therein.
S. 4B inserted by No. 82/2009 s. 40, amended by No. 62/2010 s. 122, substituted by No. 19/2018 s. 137.
The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—
the management of any unreserved Crown land under this Act that is appointed land of that Board; or
the carrying out of specified functions, powers or duties in relation to the management of any unreserved Crown land under this Act that is appointed land of that Board.
The Secretary must consult with Parks Victoria before entering into a management agreement under subsection (1) in relation to Parks Victoria recorded land.
S. 4B(2A) inserted by No. 42/2021 s. 87(1).
The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (1) in relation to land controlled and managed by the Great Ocean Road Coast and Parks Authority.
In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.
If an agreement under subsection (1)—
provides for a Traditional Owner Land Management Board to manage any unreserved Crown land under this Act that would otherwise be managed by Parks Victoria under this Act or any other enactment, Parks Victoria does not have power to manage that land, to the extent of the agreement; or
provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any unreserved Crown land under this Act that would otherwise be carried out by Parks Victoria, Parks Victoria does not have power to carry out that function, power or duty, to the extent of the agreement.
S. 4B(4A) inserted by No. 42/2021 s. 87(2).
If an agreement under subsection (1)—
provides for a Traditional Owner Land Management Board to manage any land that is unreserved Crown land and that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Great Ocean Road Coast and Parks Authority does not have power to manage that land, to the extent of the agreement; or
provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is unreserved Crown land and that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority does not have power to carry out that function, power or duty, to the extent of the agreement.
S. 4B(5) amended by No. 42/2021 s. 87(3).
Subsections (4) and (4A) have effect despite any provision of this Act or any other enactment to the contrary.
S. 4C inserted by No. 62/2010 s. 123.
If any appointed land of a Traditional Owner Land Management Board constitutes land managed under this Act, the person responsible for the management of that appointed land under this Act must ensure that the land is managed in a way that is not inconsistent with any joint management plan for the land.
New s. 5 inserted by No. 51/2014 s. 9(Sch. 2 item 6.2).
This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
Pt 1 Div. 1 (Heading and ss 5–11) amended by Nos 7228 s. 7(Sch. 4 Pt 19(c)), 7548 s. 8(2)(a), 10087 s. 3(1)(Sch. 1 item 123), repealed by No. 96/1994 s. 18.
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Nos 3709 s. 12, 5029 s. 2, 5426 s. 2.
S. 12(1) amended by Nos 40/2009 s. 26(2), 25/2023 s. 7(Sch. 1 item 17.2).
Under and subject to the provisions of this Part but not otherwise, the Governor in Council or the Minister in the name and on behalf of His Majesty may grant convey or otherwise dispose of lands for the time being belonging to the Crown for such estate or interest as in each case is hereby authorized and for none other.
S. 12(2) amended by No. 6505 s. 2, repealed by No. 8763 s. 2(2).
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S. 12(3) amended by Nos 6860 s. 2(1)(b), 7228 s. 7(Sch. 4 Pt 19(d)), repealed by No. 8763 s. 2(2).
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S. 12(4) inserted by No. 6860 s. 2(1)(c), repealed by No. 8763 s. 2(2).
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S. 12A inserted by No. 10011 s. 6.
If it appears to the Minister at any time that—
land is required for a public purpose and should be reserved under section 4 of the Crown Land (Reserves) Act 1978;
the acquisition of land would enhance the public use and enjoyment of Crown land reserved under section 4 of the Crown Land (Reserves) Act 1978; or
the acquisition of land would rationalize the boundaries between any private land and any land reserved under section 4 of the Crown Land (Reserves) Act 1978—
the Minister may enter into an agreement with the owner of the land sought to be acquired to exchange that land for any Crown land where the Crown land is not land permanently reserved for a public purpose under the Crown Land (Reserves) Act 1978.
S. 12A(2) amended by No. 10087 s. 3(1)(Sch. 1 item 124).
Where the Minister enters into an agreement under subsection (1) he may also agree, where the value of the Crown land is not equal to the value of the land for which it is exchanged, to pay to or receive from the owner (as the case requires) an amount of money equal to that difference and may pay or receive such an amount in accordance with the agreement.
The Governor in Council shall grant, in accordance with the terms of an agreement made under subsection (1), the Crown land referred to in the agreement to the person to whom it is agreed under the agreement that the Crown land should be granted.
S. 12A(4) amended by No. 25/2023 s. 7(Sch. 1 item 17.3).
Land which is agreed upon in an agreement made under subsection (1) as land which is to revert to the Crown shall on surrender and transfer or conveyance to His Majesty become and be unalienated land of the Crown freed and discharged from all trusts, encumbrances, limitations and restrictions whatsoever and from every estate or interest therein.
S. 12A(5) amended by No. 10087 s. 3(1)(Sch. 1 item 124).
The Minister shall, not less than 14 days before entering into an agreement under subsection (1) publish, in the Government Gazette and in the district in which the land the subject of the agreement is situated, a notice specifying—
the particulars of the Crown land to be exchanged; and
the particulars of the land for which the Crown land is to be exchanged under the agreement.