Parks and Crown Land Legislation Amendment Act 2013

The Minister administering the Crown Land (Reserves) Act 1978—

on receiving a plan of survey signed by the Surveyor-General of all or any part of the land described in item 1 of the Schedule or that land as nearly as practicable which is to be reserved for public purposes; and

on being satisfied that the land described in the plan of survey relates to no land other than all or any part of the land described in item 1 of the Schedule or that land as nearly as practicable which is to be reserved for public purposes—

that the Order in Council specified in item 1 of the Schedule be revoked to the extent that it applies to the land shown in the plan of survey; and

that the land shown in the plan of survey be reserved for public purposes under section 4(1) of that Act.

The Governor in Council may make the Order recommended under subsection (1).

An Order made under subsection (2) must—

include a copy of the plan of survey of the land to which the Order applies; and

be published in the Government Gazette.

Subject to subsection (5), on the publication in the Government Gazette of an Order made under subsection (2)—

the Order in Council specified in item 1 of the Schedule is revoked to the extent that it applies to the land shown in the plan of survey; and

that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

On the revocation under subsection (4) of the Order in Council specified in item 1 of the Schedule reserving land—

that land is taken to be temporarily reserved for public purposes under section 4(1) of the Crown Land (Reserves) Act 1978; and

the Ballarat City Council is taken to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.

Nothing in this section affects—

the licence to occupy part of the land described in item 1 of the Schedule, in force immediately before the publication in the Government Gazette of an Order made under subsection (2) in relation to land to which that Order applies, granted to VicRoads on 27 March 2013 under section 17B of the Crown Land (Reserves) Act 1978 by the City of Ballarat and the Department of Sustainability and Environment; or

any other lease or licence under the Crown Land (Reserves) Act 1978 over any part of the land described in item 1 of the Schedule in force immediately before the publication in the Government Gazette of an Order made under subsection (2) in relation to land to which that Order applies.