Land (Reservations and other Matters) Act 1997FILE/97-100a002.docx · Web viewLand (Reservations and other Matters) Act 1997 Subject Reprints for Acts/SR's Description OCPC-VIC, Word

Version No. 002

Land (Reservations and other Matters) Act 1997

No. 100 of 1997

Version incorporating amendments as at18 December 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 1

PART 2—REVOCATION OF RESERVATIONS AND CROWN GRANTS 3

3 Revocation of reservation—Grantville land 34 Revocation of reservation and excision from Crown grant—

Ballarat (Warrenheip) land 35 Revocation of reservation—Ballarat (Daylesford Road) land 36 Revocation of reservation—Penshurst land 37 Revocation of reservation—Wangaratta (King River frontage)

land 38 Revocation of reservations—Queenscliff land 39 Revocation of reservation—Lancaster land 410 Revocation of reservation—Bendigo land 411 Revocation of reservation—Gruyere land 412 Revocation of reservation and excision from Crown grant—

Hamilton (Station Grounds) land 413 Revocation of reservation and Crown grant—Bannockburn

land 414 Revocation of reservation and Crown grant—Rosedale land 515 Revocation of reservation—Mangalore land 516 Revocation of reservation—Lakes Entrance land 517 Revocation of reservation, Crown grant and Certificate of

Title—Heatherton land 518 Consequences of revoking reservations 5

1

PART 3—WERRIBEE LAND 7

21 Leases to continue despite revocation of reservations 7

PART 4—BURRUMBEET (RUSSELL RESERVE) LAND ACT 1982 8

22 Repeal of Burrumbeet (Russell Reserve) Land Act 1982 823 Ballarat City Council deemed to be committee of management 824 Effect of repeal on current leases 8

PART 5—ALBERT PARK LAND 10

25 Revocation of reservation—Albert Park land 1026 Re-reservation of Albert Park land 1027 Amendment of definition of Albert Park in Australian

Grands Prix Act 1994 11

PART 6—ARGYLE SQUARE LAND 12

28 Definitions 1229 Revocation of reservation of stratum of land underground 1230 Power to enter and use land despite remaining reservation 1331 Consequences of revocation 14

PART 7—GENERAL 15

32 Registrar-General and Registrar of Titles to make necessary amendments 15

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SCHEDULES 16

SCHEDULE 1—Land in respect of which reservations are revoked 16

SCHEDULE 2—Plan of Ballarat (Warrenheip) land 23

SCHEDULE 3—Plan of Wangaratta (King River Frontage) land 24

SCHEDULE 4—Plan of Queenscliff (Victoria Park) land 25

SCHEDULE 5—Plan of Queenscliff (Queenscliff Recreation Reserve) land 26

SCHEDULE 6—Plan of Lancaster land 27

SCHEDULE 7—Plan of Gruyere land 28

SCHEDULE 8—Plan of Hamilton (Station Grounds) land 29

SCHEDULE 9—Plan of Mangalore land 30

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SCHEDULE 10—Plan of Lakes Entrance land 31

SCHEDULE 12—Plan of Albert Park land 33

SCHEDULE 13—Plan of Argyle Square land 34

═══════════════

ENDNOTES 35

1. General Information 35

2. Table of Amendments 36

3. Explanatory Details 37

3

Version No. 002

Land (Reservations and other Matters) Act 1997

No. 100 of 1997

Version incorporating amendments as at18 December 2013

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to revoke reservations over various parcels of land;

(b) to revoke Crown grants and a Certificate of Title in relation to some of that land;

(c) to repeal the Burrumbeet (Russell Reserve) Land Act 1982;

(d) to provide for the revocation of part of the reservation of land at Albert Park and the re-reservation of that land;

(e) to provide for entry on and use of reserved land at Argyle Square for the construction and on-going use of a car park beneath that land.

2 Commencement

(1) Subject to subsections (2) to (11), this Act comes into operation on the day on which it receives the Royal Assent.

(2) Subject to subsection (12), section 4, item 2 of Schedule 1 and Schedule 2 come into operation on a day to be proclaimed.

1

(3) Subject to subsection (12), section 6 and item 4 of Schedule 1 come into operation on a day to be proclaimed.

(4) Subject to subsection (12), section 8, items 6, 7 and 8 of Schedule 1 and Schedules 4 and 5 come into operation on a day to be proclaimed.







(11) Subject to subsection (12), Part 5, item 19 of Schedule 1 and Schedule 12 come into operation on a day to be proclaimed.

(12) If a provision referred to in subsections (2) to (11) does not come into operation before 31 December 1998, it comes into operation on that day.

__________________

2

s. 2

PART 2—REVOCATION OF RESERVATIONS AND CROWN GRANTS

3 Revocation of reservation—Grantville land

The Order in Council specified in item 1 of Schedule 1 is revoked.

4 Revocation of reservation and excision from Crown grant—Ballarat (Warrenheip) land

(1) The Order in Council specified in item 2 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.

(2) Crown grant Volume 1717 Folio 278 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 2.

5 Revocation of reservation—Ballarat (Daylesford Road) land


6 Revocation of reservation—Penshurst land


7 Revocation of reservation—Wangaratta (King River frontage) land

The Order in Council specified in item 5 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 3.

8 Revocation of reservations—Queenscliff land


s. 3Part 2—Revocation of Reservations and Crown Grants

Land (Reservations and other Matters) Act 1997No. 100 of 1997

3

(2) The Order in Council specified in item 7 of Schedule 1 is revoked.


9 Revocation of reservation—Lancaster land


10 Revocation of reservation—Bendigo land


11 Revocation of reservation—Gruyere land


12 Revocation of reservation and excision from Crown grant—Hamilton (Station Grounds) land


(2) Crown grant Volume 3737 Folio 332 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule 8.

13 Revocation of reservation and Crown grant—Bannockburn land


(2) Crown grant Volume 2667 Folio 319 is revoked.



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14 Revocation of reservation and Crown grant—Rosedale land



15 Revocation of reservation—Mangalore land


16 Revocation of reservation—Lakes Entrance land


(2) On the revocation of the Order in Council under subsection (1), the land shown hatched on the plan in Schedule 10 is divested from the East Gippsland Shire Council.

17 Revocation of reservation, Crown grant and Certificate of Title—Heatherton land



(3) Certificate of Title Volume 5697 Folio 370 is cancelled.

18 Consequences of revoking reservations

On the revocation under this Part of an Order in Council reserving land—

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



5

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

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

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PART 3—WERRIBEE LAND

* * * * *

21 Leases to continue despite revocation of reservations

(1) Nothing in this Part affects the continued existence of any lease existing immediately before the publication of an Order under section 19(5) in relation to land to which that Order applies.

(2) The repeal of sections 19 and 20 does not affect the continued existence of any lease continued by subsection (1) and in force immediately before that repeal.

__________________

Ss 19, 20 repealed by No. 79/2013 s. 39.

S. 21 amended by No. 79/2013 s. 40 (ILA s. 39B(1)).

s. 21

S. 21(2) inserted by No. 79/2013 s. 40.

Part 2—Revocation of Reservations and Crown Grants


7

PART 4—BURRUMBEET (RUSSELL RESERVE) LAND ACT 1982

22 Repeal of Burrumbeet (Russell Reserve) Land Act 1982

The Burrumbeet (Russell Reserve) Land Act 1982 is repealed.

23 Ballarat City Council deemed to be committee of management

On and from the commencement of section 22 of this Act—

(a) the appointment of the Corporation of the Shire of Ripon or its successor in law as committee of management under the Crown Land (Reserves) Act 1978 of the land shown hatched on the plan in the Schedule to the Burrumbeet (Russell Reserve) Land Act 1982 as in force immediately before its repeal is revoked to the extent that it applies to that land; and

(b) the Ballarat City Council is deemed to be the committee of management of that land for the purposes of the Crown Land (Reserves) Act 1978.

24 Effect of repeal on current leases

(1) Any lease granted by the Corporation of the Shire of Ripon or its successor in law under section 3 of the Burrumbeet (Russell Reserve) Land Act 1982 as in force immediately before the commencement of section 22 of this Act has effect on and from that commencement as if the lease had been entered into under section 17D of the Crown Land (Reserves) Act 1978 by the Ballarat City Council as lessor.



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(2) This section has effect in relation to a lease despite anything to the contrary in that lease.

(3) Nothing effected by this section is to be regarded as placing any person in breach of, or as constituting a default under, any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease.

__________________



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PART 5—ALBERT PARK LAND

25 Revocation of reservation—Albert Park land


(2) On the revocation of the Order in Council specified in item 19 of Schedule 1, to the extent that it applies to the land shown hatched on the plan in Schedule 12—




26 Re-reservation of Albert Park land

On the land shown hatched on the plan in Schedule 12 ceasing to be subject to the reservation specified in item 19 of Schedule 1, that land is deemed to be permanently reserved under section 4 of the Crown Land (Reserves) Act 1978 for education purposes.



10

27 Amendment of definition of Albert Park in Australian Grands Prix Act 1994

In section 3(1) of the Australian Grands Prix Act 1994 in the definition of Albert Park, after "page 2900" insert "but does not include the land shown hatched on the plan in Schedule 12 of the Land (Reservations and other Matters) Act 1997".

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PART 6—ARGYLE SQUARE LAND

28 Definitions

In this Part—

Argyle Square land means the land shown hatched on the plan in Schedule 13;

Argyle Square reserve means the land described in item 20 of Schedule 1;

car park land means the land to which an Order under section 29 applies;

stratum means a part of land consisting of a space of any shape above or below or partly above and partly below the surface of the land, all the dimensions of which are limited.

29 Revocation of reservation of stratum of land underground

(1) This section has effect despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any other Act or law.

(2) The Minister administering the Crown Land (Reserves) Act 1978, on receiving a plan of survey signed by the Surveyor-General of—

(a) a stratum consisting of a space below the surface of any of the Argyle Square land or that land as nearly as practicable, to be used for the construction of an underground car park; and

(b) any other parts of the Argyle Square land or that land as nearly as practicable (whether above, below or on the surface of the land and shown on the plan of survey) that the Minister is satisfied are necessary for the construction of structures ancillary to the car park, including but not limited to, air vents



12

and pedestrian and vehicle access to the car park whether below, on or above the surface of the Argyle Square land—

may recommend to the Governor in Council that an Order be made that, in relation to the land shown on the plan of survey and specified in the recommendation, the Order in Council specified in item 20 of Schedule 1 be revoked to the extent that it applies to that land.

(3) The Governor in Council may make the Order recommended in subsection (2).

(4) An Order under subsection (3) must include a copy of the plan of survey of the land to which the Order applies.

(5) On publication in the Government Gazette of an Order under subsection (3)—

(a) the Order in Council specified in item 20 of Schedule 1 is revoked to the extent that it applies to the land shown on the plan of survey; and

(b) Crown grant Volume 600 Folio 913 is revoked to the extent that it applies to the land shown on the plan of survey.

30 Power to enter and use land despite remaining reservation

(1) If a lease of the car park land is granted under the Land Act 1958, the lessee, its servants or agents may enter and use the Argyle Square reserve for the purposes of—

(a) carrying out the construction of an underground car park on the car park land; and

(b) carrying out the construction of structures ancillary to the car park on the car park land; and



13

(c) the alteration, repair, maintenance and removal of that car park or those structures—

in accordance with that lease.

(2) Subsection (1) does not apply unless the written consent of the following has been obtained to the entry or use—

(a) the committee of management of the Argyle Square reserve; or

(b) if there is no such committee of management, the Trustees of the Argyle Square reserve; or

(c) if there is no committee of management or Trustee, the Minister administering the Crown Land (Reserves) Act 1978.

(3) This section applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 or any instrument reserving the Argyle Square reserve.

31 Consequences of revocation

On the revocation under this Part of an Order in Council reserving land—




__________________



14

PART 7—GENERAL

32 Registrar-General and Registrar of Titles to make necessary amendments

(1) The Registrar-General must make all entries on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of any provision of this Act.

(2) The Registrar of Titles must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.

__________________



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SCHEDULES

SCHEDULE 1

LAND IN RESPECT OF WHICH RESERVATIONS ARE REVOKED

Item 1—Grantville landSituation and area of land: Township of Grantville, Parish of

Corinella, County of Mornington, being 2024 square metres, being Crown Allotment 11, Section C

Instrument and date of reservation:

Order in Council dated 9 January 1893

Description of land by reference to Government Gazette:

Government Gazettes dated 2 December 1892, page 4448 and 13 January 1893, page 152

Purpose of reservation: Site for a Mechanics' Institute and Free Library

Extent of revocation: The entire reserve

Item 2—Ballarat (Warrenheip) landSituation and area of land: Parishes of Bungaree, Dean and

Warrenheip, Counties of Grant and Grenville, being 1085 hectares less authorised excisions


Order in Council dated 27 October 1884


Government Gazettes dated 3 October 1884, page 2824 and 31 October 1884, page 3039

Particulars of registration of Crown grant:

Crown grant Volume 1717 Folio 278

Purpose of reservation: Site for purposes of Water Supply to the Water Supply District of Ballaarat

Extent of revocation: Land shown hatched on the plan in Schedule 2

Sch. 1 amended by No. 79/2013 s. 41(1).

Sch. 1Part 2—Revocation of Reservations and Crown Grants


16

Item 3—Ballarat (Daylesford Road) landSituation and area of land: Parish of Ballarat (formerly Parish of

Warrenheip, Borough of Ballarat East), County of Grant, being 11.48 hectares, less authorised excisions, being part of Section 4A


Order in Council dated 18 August 1868


Government Gazettes dated 25 August 1868, page 1579 and 22 September 1868, page 1780

Purpose of reservation: Site for Pipe-track and Filter-beds for purposes of Water Supply to Ballarat and Ballarat East


Item 4—Penshurst landSituation and area of land: Township of Penshurst, Parish of

Boramboram, County of Villiers, being 1012 square metres, being Allotment 1A, Section 13


Order in Council dated 5 September 1864


Government Gazettes dated 13 September 1864, page 2010 and 7 October 1864, page 2236

Purpose of reservation: Site for the Council Chamber of the Shire of Mount Rouse, at Penshurst


Item 5—Wangaratta (King River frontage) landSituation and area of land: The bed and banks of the King River

within the Township of Wangaratta, Parish of Wangaratta North, County of Delatite


Order in Council dated 23 May 1881


Government Gazettes dated 4 March 1881, page 691 and 27 May 1881, page 1389

Purpose of reservation: Site for Public PurposesExtent of revocation: Land shown hatched on the plan in

Schedule 3



17

Item 6—Queenscliff (Victoria Park) landSituation and area of land: Township of Queenscliff, Parish of

Paywit, County of Grant, being 2.461 hectares, less authorised excisions, being Crown Allotment 23, Section 30


Order in Council dated 30 March 1931


Government Gazettes dated 18 February 1931, page 577 and 1 April 1931, page 1076

Purpose of reservation: Site for Public ParkExtent of revocation: Land shown hatched on the plan in

Schedule 4

Item 7—Queenscliff (Bowling Club) landSituation and area of land: Township of Queenscliff, Parish of

Paywit, County of Grant, being 8562 square metres, being Crown Allotment 24, Section 30





Purpose of reservation: Site for Recreation of the PeopleExtent of revocation: The entire reserve

Item 8—Queenscliff (Queenscliff Recreation Reserve) landSituation and area of land: Township of Queenscliff, Parish of

Paywit, County of Grant, being 3.769 hectares, being Crown Allotment 25, Section 30





Purpose of reservation: Site for Recreation of the PeopleExtent of revocation: Land shown hatched on the plan in

Schedule 5



18

Item 9—Lancaster landSituation and area of land: Parish of Mooroopna West, County of

Rodney, being 8.094 hectares, being Allotment 1D





Purpose of reservation: Site for Public RecreationExtent of revocation: Land shown hatched on the plan in

Schedule 6

Item 10—Bendigo landSituation and area of land: At Bendigo, Parish of Sandhurst, County

of Bendigo, being 1518 square metres, being Allotment 5 of Section 13C


Order in Council dated 17 November 1874


Government Gazettes dated 13 March 1874, page 535 and 27 November 1874, page 2081

Purpose of reservation: Site for Public purposesExtent of revocation: The entire reserve

Item 11—Gruyere landSituation and area of land: The bed and banks of the Yarra River

within the Parish of Gruyere, County of Evelyn




Government Gazettes dated 25 February 1881, page 586 and 27 May 1881, page 1389

Purpose of reservation: Site for Public PurposesExtent of revocation: Land shown hatched on the plan in

Schedule 7



19

Item 12—Hamilton (Station Grounds) landSituation and area of land: Township of Hamilton, Parish of

Hamilton North, County of Dundas, being 1.303 hectares, being Crown Allotment 2, Section 101


Order in Council dated 27 February 1913


Government Gazettes dated 22 January 1913, page 303 and 5 March 1913, page 1117



Purpose of reservation: Site for Railway purposesExtent of revocation: Land shown hatched on the plan in

Schedule 8

Item 13—Bannockburn landSituation and area of land: Township of Bannockburn, Parish of

Wabdallah, County of Grant, being 2023 square metres, being Crown Allotment 6 of Section 6


Order in Council dated 21 January 1897


Government Gazettes dated 4 December 1896, page 4812 and 29 January 1897, page 251



Purpose of reservation: Site for a Shire Hall and OfficesExtent of revocation: The entire reserve

Item 14—Rosedale landSituation and area of land: Township of Rosedale, Parish of

Rosedale, County of Buln Buln, being 3829 square metres, being Crown Allotment 2 of Section 28A




Government Gazettes dated 3 May 1878, page 967 and 31 May 1878, page 1257



Purpose of reservation: Site for a Shire HallExtent of revocation: The entire reserve



20

Item 15—Mangalore landSituation and area of land: Parish of Mangalore, County of Anglesey,

being 67 hectares, being Crown Allotments 28B, 28C and 28D


Order in Council dated 17 February 1982


Government Gazette dated 24 February 1982, page 553

Purpose of reservation: Site for Preservation of Species of Native Plants

Extent of revocation: Land shown hatched on the plan in Schedule 9

Item 16—Lakes Entrance landSituation and area of land: Township of Lakes Entrance, Parish of

Colquhoun, County of Tambo, being 3.627 hectares, being Crown Allotment 46B, Section 7


Order in Council dated 27 April 1967


Government Gazettes dated 22 March 1967, page 936 and 3 May 1967, page 1583

Purpose of reservation: Site for Public RecreationExtent of revocation: Land shown hatched on the plan in

Schedule 10

Item 17—Heatherton landSituation and area of land: Parish of Mordialloc, County of Bourke,

being 54.73 hectares less authorised excisions, being Crown Allotment 1, Section 16


Order in Council dated 5 October 1925


Government Gazettes dated 2 September 1925, page 2912 and 14 October 1925, page 3282


Crown grant Volume 5097 Folio 226 and subsequent Certificate of Title Volume 5697 Folio 370

Purpose of reservation: Site for Benevolent Asylum, MordiallocExtent of revocation: The entire reserve

* * * * *



21

Item 19—Albert Park landSituation and area of land: City of South Melbourne and at St Kilda,

Parish of Melbourne South, County of Bourke, being 230.7 hectares, less authorised excisions




Government Gazettes dated 21 January 1876, page 96 and 24 March 1876, page 568

Purpose of reservation: Site for a Public ParkExtent of revocation: Land shown hatched on the plan in

Schedule 12

Item 20—Argyle Square reserveSituation and area of land: Parish of Jika Jika, County of Bourke,

City of Melbourne at Carlton, being 1.315 hectares, being Argyle Square


Order in Council dated 9 June 1873


Government Gazettes dated 12 February 1864, page 350 and 13 June 1873, page 1058



Purpose of reservation: Site for public recreation

_______________



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SCHEDULE 2

PLAN OF BALLARAT (WARRENHEIP) LAND

_______________



23

SCHEDULE 3

PLAN OF WANGARATTA (KING RIVER FRONTAGE) LAND

_______________



24

SCHEDULE 4

PLAN OF QUEENSCLIFF (VICTORIA PARK) LAND

_______________



25

SCHEDULE 5

PLAN OF QUEENSCLIFF (QUEENSCLIFF RECREATION RESERVE) LAND

—————————



26

SCHEDULE 6

PLAN OF LANCASTER LAND

_______________



27

SCHEDULE 7

PLAN OF GRUYERE LAND

_______________



28

SCHEDULE 8

PLAN OF HAMILTON (STATION GROUNDS) LAND

_______________



29

SCHEDULE 9

PLAN OF MANGALORE LAND

_______________



30

SCHEDULE 10

PLAN OF LAKES ENTRANCE LAND

_______________



31

* * * * *

Sch. 11 repealed by No. 79/2013 s. 41(2).



32

SCHEDULE 12

PLAN OF ALBERT PARK LAND

_______________



33

SCHEDULE 13

PLAN OF ARGYLE SQUARE LAND

═══════════════



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ENDNOTES

1. General InformationMinister's second reading speech—

Legislative Assembly: 12 November 1997

Legislative Council: 4 December 1997

The long title for the Bill for this Act was "A Bill to provide for the revocation of reservations and Crown grants over various parcels of land, to repeal the Burrumbeet (Russell Reserve) Land Act 1982, to make consequential amendments to the Australian Grands Prix Act 1994 and for other purposes."

The Land (Reservations and other Matters) Act 1997 was assented to on 16 December 1997 and came into operation as follows:

Sections 1–3, 5, 7, 9, 11, 15, 18–24, 28–32, Schedule 1 items 1, 3, 5, 9, 11, 15, 18, 20, Schedules 3, 6, 7, 9, 11, 13 on 16 December 1997: section 2(1); sections 10, 13, 14, Schedule 1 items 10, 13, 14 on 2 April 1998: Government Gazette 2 April 1998 page 723—see Interpretation of Legislation Act 1984; Part 5 (sections 25–27), Schedule 1 item 19, Schedule 12 on 8 May 1998: Government Gazette 7 May 1998 page 1005; sections 6, 16, Schedule 1 items 4, 16, Schedule 10 on 12 August 1998: Government Gazette 6 August 1998 page 2131; sections 4, 8, 12, 17, Schedule 1 items 2, 6–8, 12, 17, Schedules 2, 4, 5, 8 on 31 December 1998: section 2(12).

EndnotesPart 2—Revocation of Reservations and Crown Grants


35

2. Table of AmendmentsThis Version incorporates amendments made to the Land (Reservations and other Matters) Act 1997 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Parks and Crown Land Legislation Amendment Act 2013, No. 79/2013Assent Date: 17.12.13Commencement Date: Ss 39–41 on 18.12.13: s. 2(1)Current State: The information relates only to the provision/s

amending the Land (Reservations and other Matters) Act 1997

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

EndnotesEndnotesPart 2—Revocation of Reservations and Crown Grants


36

3. Explanatory DetailsNo entries at date of publication.

EndnotesPart 2—Revocation of Reservations and Crown Grants


37

Documents

Land (Reservations and other Matters) Act 1997FILE/97-100a002.docx · Web viewLand (Reservations and other Matters) Act 1997 Subject Reprints for Acts/SR's Description OCPC-VIC, Word