(d) a natural ditch waterway not less than 214 metres broad at the top and 122 metres broad at the bottom and not less than 106 metres deep with a stream of water running in it and with a bank with a slope of not more than one in three or any fence or combination of the above-mentioned fences on either side thereof being not more than 460 millimetres from the edge of the ditch and the top not being less than 610 millimetres above the level of the ground; 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 S. 3(1) def. of grazing allotment repealed by No. 96/1994 s. 17. * * * * * S. 3(1) def. of Land Classification Board repealed by No. 96/1994 s. 17. * * * * * 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;
(a) 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 (b) if no notice is published, the Secretary to the Department of Sustainability and Environment. (3) 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). 3B Transport Integration Act 2010 This Act is interface legislation within the meaning of the Transport Integration Act 2010. No. 3709 s. 4. S. 4 amended by No. 7548 s. 2(b), substituted by No. 96/1994 s. 4. 4 Application of Part s. 3B Except as otherwise expressly provided in this Part, this Part applies to all Crown land in Victoria. S. 4A inserted by No. 10011 s. 5. 4A Minister may purchase lands (1) The Minister may purchase by agreement for and on behalf of Her Majesty any land— (a) which is attached to land purchased by the Minister pursuant to section 5(1) of the Crown Land (Reserves) Act 1978; or (b) 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.
Nos 3709 s. 56, 4181 s. 3, 4597 s. 2(2). S. 56 amended by No. 7228 s. 7(Sch. 4 Pt 19(k)). 56 Rent under perpetual lease s. 56 (1) The rent payable by the perpetual lessee for the period from the issue of such perpetual lease until the twenty-ninth day of December One thousand nine hundred and fifty-nine shall be such amount as the Minister has fixed or may fix and shall for every successive period of ten years from such date be such amount per annum as shall from time to time be fixed by the Minister: S. 56(1) Proviso amended by Nos 8181 s. 2(1)(Sch. item 91), 10011 s. 8(1). Provided that, with respect to a perpetual lease of any swamp or reclaimed land under Division seven of this Part, where the Minister is satisfied that in the circumstances of any particular case a higher or lower rent should during any successive period be charged, the Governor in Council, notwithstanding anything in the foregoing provisions of this subsection may from time to time by Order increase or decrease such rent for such portion of the remainder of that successive period as is specified in the Order; and such increased or decreased rent shall, as from the date of the Order or such later date as is specified in the Order, be payable accordingly. S. 56(2) repealed by No. 10011 s. 8(2). * * * * * No. 3709 s. 57. S. 57 amended by No. 7228 s. 7(Sch. 4 Pt 19(k)). 57 Recovery of rent and interest The Minister shall have the same powers for the levying or recovery of rent under the perpetual lease and of interest thereon as by law he has with respect to the levying or recovery of rent under this Part.
Division 7—Swamp or reclaimed lands No. 3709 s. 101. S. 101 amended by No. 96/1994 s. 31(e). 101 Swamp lands s. 101 A plan shall be kept from actual survey of the areas known as the Condah Koo-wee-rup Moe Panyyabyr and Mokoan swamps. No. 3709 s. 102. S. 102 amended by Nos 7228 s. 7(Sch. 4 Pt 19(r)), 81/1989 s. 3(Sch. item 25.3), 75/1994 s. 16(a). 102 Governor in Council may cause swamp lands to be drained The Governor in Council may if he thinks fit cause any of the swamp lands to be drained and reclaimed by prison or other labour, and the Minister may for that purpose make construct erect and maintain all the proper works engines buildings reservoirs tanks conduits valves sluices pumps canals ditches drains cuts channels waterways sewers embankments dams and all necessary drainage works. No. 3709 s. 103. S. 103 amended by Nos 7228 s. 7(Sch. 4 Pt 19(r)), 121/1986 s. 112. 103 Power to enter upon lands and make canals drains etc. S. 103(1) amended by No. 75/1994 s. 16(a). (1) For the purpose of draining any of the said swamps it shall be lawful for the Minister his successors deputies agents and workmen and all other persons by them authorized without making any previous payment or having the previous consent of the owner or occupier— S. 103(1)(a) amended by Nos 121/1986 s. 112, 81/1989 s. 3(Sch. item 25.4). (a) to enter into and upon the lands and grounds of any person whomsoever and to survey and take levels of the same and to ascertain and stake or set out compulsorily acquire for the purposes herein mentioned such parts thereof as may be necessary and proper for the
S. 104(a) amended by Nos 8461 s. 19, 96/1994 s. 35. (a) enter into and upon any land whatsoever within 140 metres of any canal ditch drain cut channel waterway sewer embankment or dam whether constructed or in course of construction for the purpose of depositing soil thereon, or for the purpose of altering or repairing any canal ditch drain cut channel waterway sewer embankment dam or drainage works, or for the purpose of carrying away therefrom materials for constructing altering or repairing any canal ditch drain cut channel waterway sewer embankment dam or drainage works, or for any purpose connected with the carrying out of the provisions of this Division; (b) cleanse repair or otherwise maintain in a due state of efficiency all canals ditches drains cuts channels waterways sewers embankments dams and drainage works subject to its control; (c) extend lengthen widen strengthen deepen alter divert or scour any canal ditch drain cut channel waterway sewer embankment dam and drainage work; and (d) do all such things and execute all such works as may be necessary or convenient for the purposes of this Division. No. 3709 s. 105. S. 105 amended by Nos 7228 s. 7(Sch. 4 Pt 19(r)), 81/1989 s. 3(Sch. item 25.8), 75/1994 s. 16(a), 10/2004 s. 15(Sch. 1 item 14.3). 105 Penalty for injuring or obstructing drains s. 105 Every person who wilfully dams up or in any way whatsoever injures or obstructs any such canal ditch drain cut channel waterway sewer embankment dam or drainage work, and every person who wilfully hinders or prevents the Minister or his successors deputies agents and workmen from carrying out or performing any work undertaken under the provisions of this
S. 130D inserted by No. 48/1993 s. 3. 130D Application of sections 130B and 130C S. 130D(1) amended by No. 96/1994 s. 32(3)(a). (1) Sections 130B and 130C have effect— S. 130D(1)(a) amended by No. 96/1994 s. 32(3)(b). (a) despite anything to the contrary in this Division or a corresponding previous enactment; and (b) even though there is no application for a new licence. S. 130D(2) amended by No. 96/1994 s. 32(3)(a). (2) Sections 130B and 130C do not— (a) relieve a person from liability for breach of a licence referred to in those sections; or (b) give a person a greater entitlement to compensation for improvements on land than the entitlement (if any) the person would have if the person had not held the licence; or (c) prevent the grant of a new licence under section 130. S. 130D(3) amended by Nos 96/1994 s. 32(3)(a)(c), 76/1998 s. 11(b). (3) Sections 130B and 130C apply even if the licence originally granted has been lost, if it appears from records kept by the Secretary that the licence was originally granted. s. 130D (4) If— S. 130D(4)(a) amended by Nos 96/1994 s 32(3)(b), 76/1998 s. 11(b). (a) the records kept by the Secretary show that a person has been granted a licence under this Division or a corresponding previous enactment but do not specify the period for which the licence was granted; and
S. 137E inserted by No. 10011 s. 12. 137E Crown grant to be subject to conditions etc. as Governor in Council sees fit s. 137E A Crown grant issued under the provisions of this subdivision shall be subject to any covenants, conditions, restrictions, reservations or exceptions which the Governor in Council sees fit to include. S. 137F inserted by No. 10011 s. 12. 137F Lease not to be transferred etc. without Minister's consent A lessee under this subdivision shall not transfer or assign his interest under the lease or sub-let or encumber the land without first obtaining the written consent of the Minister. S. 137G inserted by No. 10011 s. 12. 137G Minister may declare lease forfeited (1) Where the Minister is satisfied that a lessee under this subdivision has failed to comply with any covenant or condition of the lease, and that the lessee has not rectified the matter within 30 days after receiving notice from the Minister to do so, the Minister may declare by notice published in the Government Gazette that the lease is forfeited. (2) The Minister shall not declare under subsection (1) that a lease is forfeited unless— (a) a hearing under section 34 has been held in respect of the forfeiture; and (b) every mortgagee of the lessee's interest was given seven days' notice of the hearing. S. 137H inserted by No. 10011 s. 12. 137H Effect of forfeit of lease Where a declaration is made under section 137G(1), any interest created under the lease shall cease and the right and title of the lessee to the lease and the land and any money paid under the lease shall be forfeited.
(2) The grant of a licence may confer a right to renew annually for a further period not exceeding six years. S. 140D inserted by No. 8310 s. 2, amended by No. 9805 s. 2(e), substituted by No. 9861 s. 3(1). 140D Licence to specify purpose conditions etc. A licence shall— (a) specify the purpose for which it is granted; (b) be subject to such covenants conditions reservations and restrictions as are specified in it; and (c) be subject to the payment of a licence fee. S. 140DA inserted by No. 9805 s. 2(f). 140DA Licence fee S. 140DA(1) amended by Nos 10087 s. 3(1)(Sch. 1 item 127), 41/1987 s. 103(Sch. 4 item 39.25), 76/1998 s. 11(h). (1) The amount of the licence fee referred to in section 140D shall be fixed by the Secretary or by any person duly authorized by the Secretary in that behalf. (2) The licence fee fixed pursuant to subsection (1) shall be not less than the minimum licence fee determined from time to time by the Minister in respect of licences under section 140A. S. 140E inserted by No. 8310 s. 2, amended by No. 9805 s. 2(e), substituted by Nos 9861 s. 3(1), 48/1993 s. 5. 140E Renewal presumed where fee paid s. 140D S. 140E(1) amended by No. 76/1998 s. 11(h). (1) The sending by the Secretary to a licensee of a notice for payment of the appropriate renewal fee determined under this subdivision constitutes an offer to renew the licence.
S. 170 substituted by No. 8304 s. 2. 170 Power to let s. 170 (1) The holder of a residence area right may let his interest in the occupation thereof to any person at a monthly or weekly rental, and between such holder and such person there shall exist the same rights as between landlord and tenant. (2) The holder of a residence area right may at any time before 1st January, 1983 in the prescribed manner and subject to the prescribed conditions— (a) encumber his interest in such residence area; or (b) sell or transfer his interest in such residence area— but shall not thereafter encumber, sell or transfer his interest and any purported encumbrance sale or transfer after that date shall be void and to no effect. (3) The sale or transfer of a residence area right shall be of no force or effect until notice of such transfer is endorsed on the right by a person duly authorized in that behalf by the Governor in Council. S. 171 substituted by No. 8304 s. 2, amended by Nos 92/1990 s. 128(Sch. 1 item 13.4), 63/2006 s. 61(Sch. item 19). 171 Power to inspect entries in mining registers Any person authorized by the Governor in Council in that behalf may at all reasonable times without payment of any fee inspect and take copies of any register or entry of any mining registrar relating to residence areas or business licences under the Mineral Resources (Sustainable Development) Act 1990 or any corresponding previous enactment.
S. 173 substituted by No. 8304 s. 2. 173 Right of holder of residence area to purchase land s. 173 S. 173(1) amended by Nos 10087 s. 3(1)(Sch. 1 item 130), 41/1987 s. 103(Sch. 4 item 39.31), 76/1998 s. 11(h). (1) The holder of a residence area right may apply to the Secretary for permission to purchase the land the subject of the right. S. 173(2) amended by No. 92/1990 s. 128(Sch. 1 item 13.5 (a)(b)). (2) If the Minister is satisfied that— (a) a habitable dwelling has been erected on the land; and (b) the holder has complied with the provisions of this Division the regulations and any conditions to which the right is subject— and if there is no objection to the alienation of such land for any reason of a public nature, the holder on payment of the survey fees shall have the exclusive right of purchasing such land. (3) The market value of the land shall be assessed by an appraiser appointed by the Minister and the purchase price shall be determined by deducting from the amount so assessed 50 per centum thereof (being an allowance made in respect of the holder's interest in the land) and taking the result to the nearest dollar. (4) A Crown grant issued by the Governor in Council pursuant to this section shall contain such conditions exceptions and reservations as the Governor in Council thinks fit.
No. 3709 s. 146. 183 Management s. 183 (1) All commons heretofore or hereafter proclaimed may be governed by managers appointed as herein provided. S. 183(2) amended by Nos 52/1994 s. 97(Sch. 3 item 16.16), 89/1994 s. 38(b). (2) Such managers shall during their continuance in office have power to distrain any cattle and swine trespassing on such common and shall be taken to be occupiers within the meaning of the Impounding of Livestock Act 1994 of that land, and shall be deemed to be land owners within the meaning of the Catchment and Land Protection Act 1994, and shall be taken to have in respect of such common the same power of preventing encroachment and trespass thereon as any bailiff lawfully appointed may by law exercise in respect of any lands of his employer. (3) Such managers shall not have or exercise any of the rights or powers hereinbefore mentioned in respect to any site that may be occupied within the limits of the common under any lease or licence granted or issued under the provisions of any Act relating to Crown lands or in respect to any timber stone loam clay sand brick and other earth within the limits of the common. S. 183A inserted by No. 10011 s. 15. 183A Municipality may raise funds by allowing use of common S. 183A(1) amended by No. 96/1994 s. 33(h). (1) Where the council of a municipality manages a common, the council may, with the consent of the Minister, allow any person to use the whole or any part of the common for the purposes of agriculture on such terms and conditions as the council sees fit, for the purpose of raising funds for those local recreational and community facilities which are approved by the council and the Minister.
S. 200(3) inserted by No. 46/2012 s. 21. (3) In subsection (2)— timber has the same meaning as in section 3(1) of the Forests Act 1958. S. 201 amended by Nos 7548 s. 6(f), 9019 s. 2(1)(Sch. item 101), repealed by No. 9212 s. 2(1), new s. 201 inserted by No. 9528 s. 3, amended by Nos 10087 s. 3(1)(Sch. 1 item 130), 41/1987 s. 103(Sch. 4 item 39.39), 76/1998 s. 11(i). 201 Certificate of Secretary to be prima facie evidence that land is unalienated Crown land In any legal proceedings arising out of this or any other Act a certificate purporting to be under the seal of the Secretary that particular land was unalienated Crown land on a particular date or for a particular period specified in the certificate shall be prima facie evidence that the land was unalienated Crown land on that date or for that period. S. 201A inserted by No. 9528 s. 3, amended by Nos 10087 s. 3(1)(Sch. 1 item 131), 41/1987 s. 103(Sch. 4 item 39.40), 76/1998 s. 11(j). 201A Judicial notice of signature All courts, judges and persons acting judicially shall take judicial notice of the signature of every person who is or has been the Secretary for Lands, the Department Head of the Department of Natural Resources and Environment or the Secretary. No. 3709 s. 165. 202 Declarations of forfeiture valid s. 201 All notices published in the Government Gazette purporting to declare that the Governor in Council has revoked forfeited or declared void any lease or licence issued under any Act at any time in force relating to Crown lands or that any such lease or licence has expired shall be received in all courts of justice and by and before all persons acting judicially as conclusive evidence that the lease or
licence was lawfully revoked forfeited or declared void or has expired as the case may be. No. 3709 s. 166. S. 203 amended by Nos 7705 s. 10, 9019 s. 2(1)(Sch. item 102), 57/1989 s. 3(Sch item 109.7). 203 Appeal to County Court s. 203 Any person who feels himself aggrieved by any conviction or order of the Magistrates' Court under this Part may appeal therefrom to the County Court. Division 14—Miscellaneous No. 3709 s. 167. S. 204 amended by Nos 92/1990 s. 128(Sch. 1 item 13.8 (a)–(e)), 63/2006 s. 61(Sch. item 19). 204 All Crown grants and certain licences and leases to contain condition permitting mining on compensation for surface damage There shall be inserted in every Crown grant of land alienated in fee-simple, and in every licence or lease of land with the right of acquiring the thereof and in every perpetual lease a condition or covenant that such land is granted licensed or demised subject to the right of a licensee under the Mineral Resources (Sustainable Development) Act 1990 or any corresponding previous enactment to enter therein and to do work within the meaning of the said Act and to erect and occupy mining plant or machinery thereon in the same manner and under the same conditions and provisions as those to which such person has now the right to do such work in and upon Crown lands provided that compensation as prescribed by Part 8 of the said Act is paid for surface damage to be done to such land by reason of doing such work on it.
No. 3709 s. 171. 208 Exchange of Crown and private land upon alteration of road s. 208 When the course of any road has been or is altered or is about to be altered, if the owner of the land over which the road in its altered state passes or is intended to pass is willing to exchange such land or any part of it for the land traversed by such road in its former or present state or for any part thereof, the Governor in Council may upon such terms as are mutually agreed on accept such exchange, and the Governor in Council may execute the proper conveyances accordingly. Nos 3709 s. 172, 4095 s. 7. S. 209 amended by No. 7228 s. 7(Sch. 4 Pt 19(pa)). 209 Resumption of land for roads S. 209(1) amended by No. 8461 s. 35(a), substituted by No. 121/1986 s. 112. (1) If, in the opinion of the Governor in Council, there is no convenient access to any portion of Crown land, the Governor in Council may by notice in the Government Gazette resume any land (not exceeding 40 metres in width) which is required for the purpose of providing the access. S. 209(1A) inserted by No. 121/1986 s. 112. (1A) Upon the resumption, the Minister must enter and take possession of the land and proceed as if the land were land which the Minister was authorized by Act of Parliament to acquire compulsorily. S. 209(1B) inserted by No. 121/1986 s. 112. (1B) The Land Acquisition and Compensation Act 1986 applies to the entry and taking of possession of the land by the Minister and the payment of compensation and for that purpose— (a) the Land Act 1958 is the special Act; and (b) the Minister is the Authority.
No. 3709 s. 178. 215 Notice to be given to occupier of land of intention to drive travelling cattle or sheep s. 215 S. 215(1) amended by No. 8461 s. 38(a)(b). (1) Every person intending to drive cattle or sheep across the land of any other person who is possessed of not less than five hundred sheep or through any common shall not less than twelve hours nor more than twenty-four hours before entering upon such land or common give or deliver at the residence of the occupier of such land or at the residence of the herdsman of the common or the manager (if any) residing on such land or if there is no occupier herdsman or manager residing on such land then shall post in some conspicuous place on such land a notice of his intention so to drive such cattle or sheep, and shall by such notice state whence he has brought the same and whither he is driving them; and all such cattle shall be driven every day a distance of not less than 13 kilometres and all such sheep shall be driven every day a distance of not less than 10 kilometres in the direction of the place mentioned in the notice as the place to which it is intended to drive such cattle or sheep respectively. S. 215(2) amended by No. 10/2004 s. 15(Sch. 1 item 14.13). (2) Every person who offends against any of the provisions of this section unless by reason of some cause which appears satisfactory to the court shall for every such offence be liable to a penalty of not more than 04 penalty unit. No. 3709 s. 179. S. 216 amended by No. 7288 s. 7(Sch. 4 Pt 19(ra)). 216 Survey officers may enter upon private lands (1) Any surveyor or officer acting under the authority of the Minister and any other person acting in aid or under the orders of such surveyor or officer may from time to time without making compensation—
(7) A copy of every proclamation made under this section shall be laid before both Houses of Parliament as soon as may be after it is made. No. 3709 s. 309. 354 Lease forfeited for non-payment of rent not to be revived before revocation of forfeiture s. 354 No licence or lease under this Act or any repealed Act relating to Crown lands which has been forfeited for non-payment of one or more halfyearly instalments of licence-fees or rent or purchase money shall under any circumstances be revived unless and until the forfeiture has been revoked by the Governor in Council. No. 3709 s. 310. S. 355 amended by Nos 7228 s. 7(Sch. 4 Pt 19(mc)), 9921 s. 255, 10087 s. 3(1)(Sch. 1 item 137), 41/1987 s. 103(Sch. 4 item 39.52), 44/1989 s. 41(Sch. 2 item 22.4), 104/1997 s. 49(3), 76/1998 s. 11(l)(i)(ii), 30/2000 s. 36(3), 6/2010 s. 203(1) (Sch. 6 item 27.5) (as amended by No. 45/2010 s. 22). 355 Transfers of leases of Crown lands not to be registered unless all rents etc. have been paid Where any Crown lands are held under lease a transfer of the whole or any part thereof to any person (other than Her Majesty or Minister administering Part 7 of the Financial Management Act 1994 or Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010 or any Public Department or any person on behalf of the same or the trustee assignee or receiver in bankruptcy or the executor or administrator of the lessee) shall not be registered under the Transfer of Land Act 1958 unless and until the Secretary has certified by writing under seal that all rent or instalments or purchase money and all interest due to the Crown at the date of registration in respect of the land demised have been paid.
(b) any class or description of Crown land or reserved land that includes the land in the grant; or (c) Crown land or reserved land generally. (4) For the purposes of subsection (3)(b) and (c) an Act or law which authorises the alienation of land, without expressly referring to Crown land or reserved land, must not be taken to authorise the alienation of land in the grant. (5) This section has effect despite any Act or rule of law to the contrary, including any rule of the common law. S. 362C inserted by No. 96/1994 s. 34. 362C Construction of licences s. 362C A licence granted under this Act must be taken to be a licence for all purposes, irrespective of the period for which it is granted. __________________ No. 3709 s. 318. 363 Definitions s. 363 In this Part unless inconsistent with the context or subject-matter— Court means the Supreme Court of the State of ; grantee includes the person named as the grantee in the undelivered Crown grant and also the person named as the grantee in the unregistered Crown grant sealed subsequent to the commencement of the Real Property Act of 1862 No. 140; Minister means the responsible Minister of the Crown for the time being administering Part I of this Act; Registrar means the Registrar of Titles;
Pt 13 (Heading and ss 399–412) inserted by No. 6794 s. 3. S. 399 inserted by No. 6794 s. 3, amended by No. 8181 s. 2(1)(Sch. item 98). 399 Definitions s. 399 In this part unless inconsistent with the context or subject-matter— council means council of a municipality constituted under the Local Government Act 1958; occupier in relation to land which is apparently not occupied by a tenant means owner; private land means land which has been or is in course of being alienated from the Crown in fee simple or is held under a lease or a licence under Part I of this Act or as a residence area under Division 11 of that Part. S. 399 def. of road substituted by No. 10011 s. 17, amended by No. 10087 s. 3(1)(Sch. 1 item 138), repealed by No. 96/1994 s. 27. * * * * * S. 399 def. of unused road substituted by No. 10011 s. 17, repealed by No. 96/1994 s. 27. * * * * *
S. 399 def. of water frontage amended by No. 9212 s. 2(2), substituted by No. 10011 s. 17, repealed by No. 96/1994 s. 27. * * * * * S. 400 inserted by No. 6794 s. 3. 400 Power to municipal councils to specify roads as unused s. 400 S. 400(1) amended by Nos 10087 s. 3(1)(Sch. 1 item 139), 41/1987 s. 103(Sch. 4 item 39.55), 13/1990 s. 41(h)(i), 76/1998 s. 11(m). (1) A municipal council may give notice to the Secretary that any road or part of a road which is within the municipal district of that municipal council and which it considers is not required for public traffic is an unused road and upon the giving of any such notice any road or part of a road specified therein shall be an unused road. (2) Every such notice shall be in the prescribed form and shall contain such particulars as may be prescribed. S. 401 inserted by No. 6794 s. 3, amended by Nos 10011 s. 18(a)–(c), 41/1987 s. 103(Sch. 4 item 39.56), 13/1990 s. 41(j), repealed by No. 96/1994 s. 28. * * * * *
S. 404(4) inserted by No. 10011 s. 21(e), amended by Nos 41/1987 s. 103(Sch. 4 item 39.57), 79/1993 s. 11(c), 96/1994 s. 33(n)(iii), 76/1998 s. 11(m). (4) Where a person refuses or fails to pay a occupation fee within three months after receiving notice pursuant to subsection (1) an authorised officer or any person authorized in that behalf by the Secretary may demolish and remove any fencing erected across an unused road or water frontage and the costs and expenses of and incidental to any removal may be recovered from the person who refused or failed to pay the fee. S. 405 inserted by No. 6794 s. 3, amended by No. 9805 s. 2(i), substituted by No. 10011 s. 22, amended by Nos 41/1987 s. 103(Sch. 4 items 39.58–39.61), 13/1990 s. 41(k), 52/1994 s. 97(Sch. 3 item 16.23), 89/1994 s. 38(d), repealed by No. 96/1994 s. 28. * * * * * No. 6299 s. 910. S. 406 inserted by No. 6794 s. 3. 406 Effect of cancellation of a licence s. 406 S. 406(1) repealed by No. 96/1994 s. 28. * * * * *
(2) No such proceedings shall be taken except by a person authorized in writing in that behalf by the Governor in Council. S. 411 inserted by No. 6794 s. 3, amended by Nos 10011 s. 25, 10087 s. 3(1)(Sch. 1 item 139), 41/1987 s. 103(Sch. 4 item 39.63), 13/1990 s. 41(n), 96/1994 s. 33(u), 76/1998 s. 11(m). 411 Municipal councils to be notified of grant, transfer etc. of licences s. 411 Particulars of every licence granted under Division 8 of Part I or section 138 of this Act to enter and use an unused road or water frontage and of any transfer amendment or cancellation thereof and of the termination thereof shall be supplied by the Secretary to the municipal council within whose municipal district the unused road or water frontage or any part thereof is situated. S. 412 inserted by No. 6794 s. 3, amended by No. 6886 s. 3, repealed by No. 7548 s. 8(2)(a). * * * * * _______________ Pt 13A (Heading and s. 412) inserted by No. 79/1993 s. 9. S. 412 inserted by No. 79/1993 s. 9. 412 Supreme Court—Limitation of jurisdiction s. 412 It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in circumstances where sections 134A(10) and 339A(9) provide that no compensation is payable. _______________
5585 Land (Development Leases) Act 1951 The whole 5631 Land (Development Leases) Amendment Act 1952 The whole 5753 Statute Law Revision Act 1953 Item in Schedule referring to Land Act 1941 5914 Limitation of Actions Act 1955 Clause 22 of Schedule 5981 Land (Improvement Purchase Lease) Act 1956 The whole 5982 Melbourne and Metropolitan Board of Works Act 1956 Section 17(2) 6003 Land (Unused Roads) Act 1956 The whole 6112 Statute Law Revision Act 1957 Item in Schedule referring to Land (Improvement Purchase Lease) Act 1956 6119 Land (Resumption) Act 1957 The whole _______________ Sch. 1 Sch. 2 repealed by No. 96/1994 s. 18. * * * * * Section 22C. Sch. 2A inserted by No. 7075 s. 3, substituted by No. 8363 s. 3, amended by No. 18/1989 s. 13(Sch. 2 item 41(t) (i)–(iv)). SCHEDULE TWO A Sch. 2A Sch. 2A item 1 repealed by No. 8839 s. 2(a). * * * * * 2 Ballendella Public Hall
Section 99. Sch. 3A inserted by No. 75/1987 s. 4(3). SCHEDULE THREE A Sch. 3A 99 Situation and area of land Instrument and date of temporary reservation Description of land by reference to Government Gazette Particulars of registration of Crown grant Purpose of reservation Extent of revocation City of South Melbourne Parish of Melbourne South, 1213 square metres Order in Council 5 August 1889 Government Gazette 9 August 1889 page 2727 — Site for Homeopathic Hospital The entire reserve _______________ S. 138A. Sch. 3B inserted by No. 90/1989 s. 7(3). SCHEDULE THREE B Sch. 3B _______________ Section 106. FOURTH SCHEDULE Sch. 4 —Parish of Doolam Borodomanin and Brankeet Greta Kelfeera Pieracle—Parish of Killara; and in addition to land hereinbefore described there shall also be added any swamp or reclaimed land which by proclamation
Assent Date: 10.5.66 Commencement Date: 10.5.66 : All of Act in operation Extractive Industries Act 1966, No. 7499/1966 Assent Date: 20.12.66 Commencement Date: 15.5.68: Government Gazette 10.4.68 p. 1129 : All of Act in operation Land (Amendment) Act 1967, No. 7548/1967 Endnotes Assent Date: 17.3.67 Commencement Date: 17.3.67 : All of Act in operation Land (Committees of Management) Act 1967, No. 7623/1967 Assent Date: 12.12.67 Commencement Date: 12.12.67 : All of Act in operation Abolition of Bailiwicks Act 1968, No. 7703/1968 Assent Date: 15.10.68 Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3920 : All of Act in operation County Court (Jurisdiction) Act 1968, No. 7705/1968 Assent Date: 15.10.68 Commencement Date: 1.1.69: Government Gazette 4.12.68 p. 3919 : All of Act in operation Fences Act 1968, No. 7733/1968 Assent Date: 2.12.68 Commencement Date: 1.3.69: Government Gazette 5.2.69 p. 238 : All of Act in operation Land () Act 1968, No. 7783/1968 Assent Date: 18.12.68 Commencement Date: 18.12.68 : All of Act in operation Mines (Abolition of Courts) Act 1969, No. 7840/1969 Assent Date: 20.5.69 Commencement Date: 20.5.69 : All of Act in operation Groundwater Act 1969, No. 7849/1969 Assent Date: 20.5.69 Commencement Date: 1.9.70: Government Gazette 19.8.70 p. 2827 : All of Act in operation Justices (Amendment) Act 1969, No. 7876/1969
Assent Date: 25.11.69 Commencement Date: All of Act (except ss 3, 5–7(k)(m)–(o)) on 1.4.70; ss 3, 5–7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 : All of Act in operation Land Conservation Act 1970, No. 8008/1970 Assent Date: 24.11.70 Commencement Date: 15.2.71: Government Gazette 9.12.70 p. 3816 : All of Act in operation Land (Amendment) Act 1970, No. 8060/1970 Endnotes Assent Date: 22.12.70 Commencement Date: 1.2.71: Government Gazette 27.1.71 p. 201 : All of Act in operation State Development Act 1970, No. 8081/1970 Assent Date: 22.12.70 Commencement Date: 15.3.71: Government Gazette 11.3.71 p. 629 : All of Act in operation Land (Surrender to the Crown) Act 1971, No. 8130/1971 Assent Date: 4.5.71 Commencement Date: 4.5.71 : All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71 : All of Act in operation Land (Surrenders) Act 1971, No. 8205/1971 Assent Date: 7.12.71 Commencement Date: 4.5.71: s. 1(3) : All of Act in operation Land (Amendment) Act 1971, No. 8207/1971 Assent Date: 14.12.71 Commencement Date: 14.12.71 : All of Act in operation Land (Greyhound Racing) Act 1972, No. 8243/1972 Assent Date: 28.3.72 Commencement Date: 28.3.72 : All of Act in operation Land (Residence Areas) Act 1972, No. 8304/1972 Assent Date: 24.10.72 Commencement Date: 1.12.72: Government Gazette 29.11.72 p. 3740 : All of Act in operation Land (Jetties and Marinas) Act 1972, No. 8310/1972
Assent Date: 1.11.72 Commencement Date: 1.11.72 : All of Act in operation Railways (Amendment) Act 1972, No. 8353/1972 Assent Date: 13.12.72 Commencement Date: 8.5.73: Government Gazette 2.5.73 p. 946 : All of Act in operation Surrender of Land Act 1972, No. 8363/1972 Assent Date: 19.12.72 Commencement Date: 19.12.72 : All of Act in operation Land (Crown Bailiffs) Act 1972, No. 8367/1972 Assent Date: 19.12.72 Commencement Date: 19.12.72 : All of Act in operation Endnotes Land (Metric Conversion) Act 1973, No. 8461/1973 Assent Date: 7.11.73 Commencement Date: 1.5.74: Government Gazette 19.4.74 p. 952 : All of Act in operation Land Act 1973, No. 8492/1973 Assent Date: 4.12.73 Commencement Date: 4.12.73 : All of Act in operation Land (Amendment) Act 1974, No. 8652/1974 Assent Date: 17.12.74 Commencement Date: 17.12.74 : All of Act in operation National Parks Act 1975, No. 8702/1975 Assent Date: 16.5.75 Commencement Date: 1.12.75: Government Gazette 26.11.75 p. 3888 : All of Act in operation Land Act 1975, No. 8763/1975 (as amended by No. 9126) Assent Date: 18.11.75 Commencement Date: 1.1.76: Government Gazette 17.12.75 p. 4061 : All of Act in operation Land (Surrender of Lands) Act 1976, No. 8839/1976 Assent Date: 1.6.76 Commencement Date: 1.6.76 : All of Act in operation Land (Surrender of Lands) Act 1977, No. 8996/1977 Assent Date: 10.5.77 Commencement Date: 10.5.77 : All of Act in operation Statute Law Revision Act 1977, No. 9019/1977
Assent Date: 6.5.80 Commencement Date: 1.9.80: Government Gazette 16.7.80 p. 2419 : All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80: Subject to s. 6(2) : All of Act in operation Land (Amendment) Act 1981, No. 9528/1981 Assent Date: 23.4.81 Commencement Date: 23.4.81 : All of Act in operation Economic Development Act 1981, No. 9567/1981 Assent Date: 19.5.81 Commencement Date: S. 4 on 10.3.81: s. 4(2); rest of Act on 1.7.81: Government Gazette 3.6.81 p. 1778 : All of Act in operation Endnotes Land (Further Amendment) Act 1981, No. 9705/1981 Assent Date: 5.1.82 Commencement Date: 5.1.82 : All of Act in operation Closer Settlement (Winding-up) Act 1982, No. 9798/1982 Assent Date: 23.11.82 Commencement Date: 23.11.82 : All of Act in operation Land (Amendment) Act 1982, No. 9805/1982 Assent Date: 7.12.82 Commencement Date: 7.12.82 : All of Act in operation Victorian and Horticulture Act 1982, No. 9812/1982 Assent Date: 14.12.82 Commencement Date: 22.12.82: Government Gazette 22.12.82 p. 4133; Appointed day is 8.3.83: Government Gazette 23.2.83 p. 426 : All of Act in operation Public Account (Trust Funds) Act 1982, No. 9861/1982 Assent Date: 5.1.83 Commencement Date: 12.1.83: Government Gazette 12.1.83 p. 81 : All of Act in operation Statute Law Revision Act 1983, No. 9902/1983 Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) : All of Act in operation Transport Act 1983, No. 9921/1983
Assent Date: 23.6.83 Commencement Date: S. 255 on 1.7.83: s. 1(2)(c) : This information relates only to the provision/s amending the Land Act 1958 Land (Amendment) Act 1983, No. 10011/1983 Assent Date: 13.12.83 Commencement Date: 13.12.83 : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) : All of Act in operation Courts Amendment Act 1986, No. 16/1986 Assent Date: 22.4.86 Commencement Date: S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180 : This information relates only to the provision/s amending the Land Act 1958 Endnotes Land (Miscellaneous Matters) Act 1986, No. 36/1986 Assent Date: 20.5.86 Commencement Date: 20.5.86 : All of Act in operation Mental Health Act 1986, No. 59/1986 Assent Date: 3.6.86 Commencement Date: Ss 1–3, 21, 23, Sch. 1 on 19.6.87: Government Gazette 17.6.87 p. 1538; rest of Act on 1.10.87: Government Gazette 30.9.87 p. 2585 : All of Act in operation Supreme Court Act 1986, No. 110/1986 Assent Date: 16.12.86 Commencement Date: 1.1.87: s. 2 : All of Act in operation Land Acquisition and Compensation Act 1986, No. 121/1986 Assent Date: 23.12.86 Commencement Date: 29.11.87: Government Gazette 25.11.87 p. 3224 : All of Act in operation Land (Amendment and Miscellaneous Matters) Act 1986, No. 122/1986 Assent Date: 23.12.86 Commencement Date: 23.12.86 : All of Act in operation Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date: 21.10.97 Commencement Date: S. 28 on 21.10.97: s. 2(1) : This information relates only to the provision/s amending the Land Act 1958 Port Services (Amendment) Act 1997, No. 63/1997 Assent Date: 5.11.97 Commencement Date: S. 10(4)(Sch. item 2) on 10.12.97: Government Gazette 4.12.97 p. 3290 : This information relates only to the provision/s amending the Land Act 1958 Rail Corporations (Amendment) Act 1997, No. 104/1997 Assent Date: 16.12.97 Commencement Date: S. 49 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1 : This information relates only to the provision/s amending the Land Act 1958 Electricity Safety Act 1998, No. 25/1998 Assent Date: 12.5.98 Commencement Date: S. 169 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2 : This information relates only to the provision/s amending the Land Act 1958 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Land Act 1958 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 46) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Land Act 1958 Endnotes Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998 Assent Date: 10.11.98 Commencement Date: S. 11 on 15.12.98: s. 2(5) : This information relates only to the provision/s amending the Land Act 1958 Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 35) on 1.1.99: s. 2(3) : This information relates only to the provision/s amending the Land Act 1958 Transport (Amendment) Act 2000, No. 30/2000 Assent Date: 30.5.00 Commencement Date: 31.5.00: s. 2 : All of Act in operation Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000 Assent Date: 21.11.00 Commencement Date: S. 55 on 1.1.01: s. 2(4) : This information relates only to the provision/s amending the Land Act 1958 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 66.1) on 15.12.98: s. 2(2)(m); s. 3(Sch. 1 items 66.2, 66.3) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Land Act 1958 Statute Law Amendment (Relationships) Act 2001, No. 27/2001 Assent Date: 12.6.01 Commencement Date: S. 3(Sch. 1 item 4) on 28.6.01: Government Gazette 28.6.01 p. 1428 : This information relates only to the provision/s amending the Land Act 1958 Transfer of Land (Amendment) Act 2001, No. 49/2001 Assent Date: 27.6.01 Commencement Date: S. 10 on 28.6.01: s. 2 : This information relates only to the provision/s amending the Land Act 1958 Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 39) on 24.4.02: s. 2(1) : This information relates only to the provision/s amending the Land Act 1958 Port Services ( Reform) Act 2003, No. 23/2003 Assent Date: 13.5.03 Commencement Date: S. 27 on 3.11.03: Government Gazette 30.10.03 p. 2744 : This information relates only to the provision/s amending the Land Act 1958 Port Services (Port Management Reform) Act 2003, No. 85/2003