Notice that right of access is sought over public land
241 Notice that right of access is sought over public land
If land in respect of which a right of access is sought is owned by the Crown, the notice required under section 234(1) must be served on the Minister administering the Conservation, Forests and Lands Act 1987, and the Minister may enter into an agreement under section 234 with the person seeking the right of access.
If land in respect of which a right of access is sought is owned by the Public Transport Corporation, the notice required under section 234(1) must be served on that Corporation, and the Corporation may enter into an agreement under section 234 with the person seeking the right of access.
S. 241(2A) inserted by No. 104/1997 s. 58(1), amended by No. 6/2010 s. 203(1) (Sch. 6 item 51.2) (as amended by No. 45/2010 s. 22).
If land in respect of which a right of access is sought is owned by Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010, the notice required under section 234(1) must be served on Victorian Rail Track, and Victorian Rail Track may enter into an agreement under section 234 with the person seeking the right of access.
S. 241(3) amended by Nos 104/1997 s. 58(2), 30/2000 s. 41(1).
If the Minister or Victorian Rail Track publishes, within 8 weeks after service of the notice, a notice of dissent in the Government Gazette, the right of access is denied, despite any other provision in this Part.
S. 241(4) amended by Nos 104/1997 s. 58(2), 30/2000 s. 41(2).
If the Minister or Victorian Rail Track publishes a notice in the Government Gazette stating that an agreement under this section—
is revoked; or
is varied as specified in the notice—
the agreement is, on the date of publication of the notice, revoked or varied as specified in the notice.
The owner of land in favour of which a right of access is created by an agreement under this section has the rights and obligations that are specified in the agreement in relation to the construction, maintenance and alteration of works in the land over which the right of access is created.
Sections 236, 238 and 239 do not apply in relation to a right of access granted by an agreement under this section.
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