{"id":"sr:land-regulations-2016","name":"Land Regulations 2016","slug":"land-regulations-2016","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183315,"registerId":"vic-sr:land-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Land Regulations 2016","content":"Version No. 002\n\n**Land Regulations 2016**\n\n**S.R. No. 102/2016**\n\nVersion incorporating amendments as at  \n1 September 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definition 1\n\n6 Application to surrender land 2\n\n7 Duplicate licence document 2\n\n8 Duplicate residence area right 2\n\n9 Notice of demand to owner 2\n\n10 Notice of municipal council that a road is unused 2\n\n12 Licence fees 3\n\n13 Lease fees 3\n\n14 Crown grant fees 4\n\n15 Fee to assign interest under contract of sale 4\n\n16 General fees 4\n\nSchedule 1—Application to surrender land 5\n\nSchedule 2—Notice of intention to surrender land 7\n\nSchedule 3—Notice of demand to owner 8\n\nSchedule 4—Notice of municipal council that road is unused 10\n\n═══════════════\n\nEndnotes 11\n\n1 General information 11\n\n2 Table of Amendments 13\n\n3 Amendments Not in Operation 14\n\n4 Explanatory details 15\n\n**Version No.** **002**\n\n**Land Regulations 2016**\n\n**S.R. No. 102/2016**\n\nVersion incorporating amendments as at  \n1 September 2021\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\nReg. 1(a) revoked by S.R. No. 107/2021 reg. 4.\n\n* * * * *\n\n(b) to prescribe fees and forms for the purposes of the **Land Act 1958**; and\n\n(c) to provide for the issue of duplicate documents; and\n\n(d) to provide for other matters for the purposes of the **Land Act 1958**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 413 of the **Land Act 1958**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 28 August 2016.\n\n\t4 Revocation\n\nThe Land Regulations 2006[[1]](#endnote-1) are **revoked**.\n\nReg. 5 (Heading) substituted by S.R. No. 107/2021 reg. 5(1).\n\n\t5 Definition\n\nIn these Regulations—\n\nReg. 5 def. of *livestock* revoked by S.R. No. 107/2021 reg. 5(2).\n\n* * * * *\n\n***the Act*** means the **Land Act 1958**.\n\n\t6 Application to surrender land\n\n(1) For the purposes of section 22C(1) of the Act, the prescribed form for an application for authority to surrender land to Her Majesty is the form in Schedule 1.\n\n(2) For the purposes of section 22C(3) of the Act, the prescribed form for a notice of intention to apply for authority to surrender land to Her Majesty is the form in Schedule 2.\n\n\t7 Duplicate licence document\n\nThe Secretary may, on payment of the fee specified in regulation 12(4), issue a duplicate licence document to replace a lost, stolen or destroyed licence document.\n\n\t8 Duplicate residence area right\n\nIf the Secretary is satisfied that a document granting a residence area right has been lost, stolen or destroyed and has not been lodged with any person, bank, corporation or institution as security or for safekeeping, the Secretary may issue a duplicate document.\n\n\t9 Notice of demand to owner\n\nFor the purposes of section 188A(2) of the Act, the prescribed form for a notice of demand in respect of a building, structure, standing crop or improvement or any other thing that is placed or constructed on Crown land is the form in Schedule 3.\n\n\t10 Notice of municipal council that a road is unused\n\nFor the purposes of section 400(2) of the Act, the prescribed form and particulars for a notice that a road or part of a road that a municipal council considers is not required for public traffic is an unused road is the form and particulars in Schedule 4.\n\nReg. 11 revoked by S.R. No. 107/2021 reg. 6.\n\n* * * * *\n\n\t12 Licence fees\n\n(1) The fee payable for the entry of an application for a licence under section 29 of the Act is 1·4 fee units.\n\n(2) The fee payable for the preparation and issue of a licence is 7·4 fee units.\n\n(3) The fee payable for the transfer of a licence is 4·0 fee units.\n\n(4) The fee payable for the preparation of a duplicate licence document is 4·0 fee units.\n\n\t13 Lease fees\n\n(1) The fee payable for the entry of an application for a lease under section 29 of the Act is 1·4 fee units.\n\n(2) The fee payable for the preparation and issue of a lease, other than a residence area purchase lease, is 24·1 fee units.\n\n(3) The fee payable for the preparation and issue of a residence area purchase lease is 11·2 fee units.\n\n(4) The fee payable for the transfer, assignment, mortgage, sublet or subdivision of a lease is 9·6 fee units.\n\n(5) The fee payable for an application by a licensee of auriferous land for a selection purchase lease is 4·0 fee units.\n\n\t14 Crown grant fees\n\n(1) The fee payable for the preparation and issue of a grant of Crown land sold in fee simple is 10·3 fee units.\n\n(2) For the purposes of section 362A(1) of the Act, the prescribed fee for a declaration is 13·7 fee units.\n\n\t15 Fee to assign interest under contract of sale\n\nFor the purposes of section 96(b) of the Act, the prescribed fee for a grant, transfer or assignment of interest is 4·6 fee units.\n\n\t16 General fees\n\n(1) The fee payable for the preparation and supply of any deed or document not otherwise specified in these Regulations if the deed or document is prepared in connection with an application is 24·1 fee units.\n\n(2) The fee payable for the preparation and supply of any deed or document not otherwise specified in these Regulations if the deed or document is prepared in connection with a Crown grant, lease, licence, permit, right, consent, or other instrument granted or issued is 24·1 fee units.\n\n(3) The fee payable for the preparation and supply of any deed or document not otherwise specified in these Regulations if the deed or document is prepared in connection with an indorsement, registration, discharge, transfer or assignment is 24·1 fee units.\n\nSchedule 1—Application to surrender land\n\nRegulation 6(1)\n\nAPPLICATION FOR AUTHORITY TO SURRENDER LAND UNDER SECTION 22C OF THE LAND ACT 1958\n\nTo the Attorney-General of Victoria\n\nUnder section 22C of the **Land Act 1958**—\n\n[*name*]\n\nof\n\n[*address*]\n\nbeing the *registered proprietor/*person seized of an estate in fee simple in the land/*municipal council of a municipal district\n\n[*description of land*]\n\napply for authority to surrender that land to Her Majesty.\n\nIt is declared that—\n\n(a) the land is not subject to any mortgage or charge; and\n\n(b) the land *is/*is not subject to any lease, tenancy or licence; and\n\n[*details of any lease, tenancy or licence, if applicable*]\n\n(c) notice of intention to make this application was published—\n\non [*date*] and in [*name of newspaper*]\n\n*Signed:\n\n[*signature of applicant*]\n\n[*signature of witness*]\n\n[*name of witness*]\n\n*Municipal council seal\n\n[*affix seal and insert attestation clause*]\n\n*Municipal council delegate\n\n[*insert name, designation and signature of delegate of municipal council*]\n\nDated:\n\n*Delete if not applicable.\n\n**Explanatory notes**\n\n1. A registered proprietor of land or a person seized of an estate in fee simple may apply to surrender land to the Crown if that land is referred to in Schedule Two A of the **Land Act 1958** or is declared to be land to which section 22C of the Act  applies.\n\n2. A municipal council of a municipal district may apply to surrender land to the Crown if that land is referred to in Schedule Two B of the **Land Act 1958**.\n\nSchedule 2—Notice of intention to surrender land\n\nRegulation 6(2)\n\nNOTICE OF INTENTION TO APPLY FOR AUTHORITY TO SURRENDER LAND UNDER SECTION 22C OF THE LAND ACT 1958\n\nNotice is given that after 30 days from the date of publication of this notice and before the end of 60 days after the date of publication of this notice, application will be made by—\n\n[*name of applicant*]\n\nto the Attorney-General of Victoria for authority under section 22C of the **Land Act 1958** to surrender the land described below to Her Majesty.\n\n[*description of land*]\n\nAny person wishing to object to the surrender of this land should lodge a written objection with the Attorney-General.\n\nSchedule 3—Notice of demand to owner\n\nRegulation 9\n\nNOTICE OF DEMAND UNDER SECTION 188A OF THE LAND ACT 1958\n\nTo\n\n[*name of owner*]\n\nof\n\n[*address of owner*]\n\nbeing the owner of\n\n[*specify nature of building, structure, standing crop, improvement or other thing*]\n\non the Crown land described below,\n\nI,\n\n[*name*]\n\nof\n\n[*address*]\n\nbeing\n\n*an authorised officer\n\n*a person authorized by the Secretary\n\n*a person authorized by the committee of management of the Crown land described in this notice\n\nunder section 188A of the **Land Act 1958**, require you to produce to me a current lease, licence, permit or other authority under the **Land Act 1958** or some other Act authorising you to keep or maintain the\n\n[*specify nature of building, structure, standing crop, improvement or other thing*]\n\non the following Crown land:\n\nCrown land having an area of approximately\n\nin the Parish of ,\n\nCounty of\n\nIf after 21 days from the date of service of this notice, you have not produced a current lease, licence, permit or other authority under the **Land Act 1958** or some other Act, I will apply to the Magistrates' Court to order the\n\n[*specify nature of building, structure, standing crop, improvement or other thing*]\n\nto be removed by you at your expense within the time fixed by the order.\n\nDated:\n\nSigned:\n\n*Delete if not applicable.\n\nSchedule 4—Notice of municipal council that road is unused\n\nRegulation 10\n\nNOTICE OF A MUNICIPAL COUNCIL UNDER SECTION 400 OF THE LAND ACT 1958 THAT A ROAD IS UNUSED\n\nTo the Secretary\n\nUnder section 400 of the **Land Act 1958**, the\n\n[*insert name of municipal council*]\n\ngives notice that *the road/*each of the roads/*the part of the road described in the Table, being a road within the municipal district, is considered by Council to not be required for public traffic and is an unused road.\n\n**TABLE**\n\n| *Parish* | *Description of location of road* |\n| --- | --- |\n|  |  |\n|  |  |\n\n\n*Municipal council seal\n\n[*affix seal and insert attestation clause*]\n\n*Municipal council delegate\n\n[*insert name, designation and signature of delegate of municipal council*]\n\nDated:\n\n*Delete if not applicable.\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Land Regulations 2016, S.R. No. 102/2016 were made on 23 August 2016 by the Governor in Council under section 413 of the **Land Act 1958**, No. 6284/1958 and came into operation on 28 August 2016: regulation 3.\n\nThe Land Regulations 2016 will sunset 10 years after the day of making on 23 August 2026 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Land Regulations 2016 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nLand Amendment Regulations 2021, S.R. No. 107/2021\n\n| *Date of Making:* | 31.8.21 |\n| --- | --- |\n| *Date of Commencement:* | 1.9.21: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 118/2006.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing forms, fees and administrative procedures for the Land Act 1958. The 2021 amendments actually narrowed the scope by removing provisions (the definition of 'livestock' and regulation 11), indicating no scope creep."},"complexity_factors":["Short length (16 regulations plus 4 schedules)","Minimal defined terms (only one definition: 'the Act')","No nested exceptions or conditional logic chains","Straightforward fee structure using simple multiplication of fee units","Forms are templates with blank fields rather than complex procedural rules","No cross-references beyond the parent Act and Monetary Units Act","Recent amendments removed content (regulations 1(a), 5 definition of livestock, and entire regulation 11 were revoked), simplifying rather than complicating the instrument"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the administrative rules for dealing with Crown land in Victoria under the *Land Act 1958*. They prescribe the **forms** people must use for certain land dealings, the **fees** payable for licences, leases and other transactions, and procedures for issuing **duplicate documents** when originals are lost or destroyed.\n\n**Key things covered:**\n\n*   **Surrendering land to the Crown:** If you own freehold land (land you own outright, called \"fee simple\") that was originally Crown land, you can apply to give it back to the government. The regulations set out the forms for this application and the required public notice.\n*   **Duplicate documents:** If you lose your licence or residence area right document, you can apply for a replacement copy (for a fee, in the case of licences).\n*   **Removing unauthorised structures:** Authorised officers can issue formal demands to people who have built things or left crops on Crown land without permission, requiring them to show proof of authority or remove the items.\n*   **Unused roads:** Municipal councils can notify the government that a public road is no longer needed.\n*   **Fees:** The regulations list specific fees for various transactions, calculated in \"fee units\" (a dollar amount set by the *Monetary Units Act 2004*, currently $15.03 per unit). For example, applying for a licence costs 1.4 fee units (about $21), while preparing a lease costs 24.1 fee units (about $362).\n\n**Who it affects:**\n\n*   Landowners wanting to surrender land to the Crown\n*   People holding licences or leases over Crown land\n*   People who have built structures on Crown land without authorisation\n*   Municipal councils managing local roads\n*   Anyone paying fees for land transactions with the Victorian government\n\n**Why it matters:**\n\nThese regulations ensure there's a clear, standardised process for managing Victoria's public land. Without these forms and fee structures, dealings with Crown land would be chaotic and inconsistent. The regulations also provide a legal mechanism for councils and government officers to deal with squatters or unauthorised use of public land."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The core scope—prescribing forms, notice templates and fees for operations under the Land Act 1958—remains. Amendments recorded in the instrument changed specific provisions: Reg. 1(a) was revoked by S.R. No. 107/2021 reg. 4; Reg. 5 (heading) was substituted by S.R. No. 107/2021 reg. 5(1) and the definition of 'livestock' was revoked by S.R. No. 107/2021 reg. 5(2); Reg. 11 was revoked by S.R. No. 107/2021 reg. 6. The Regulations also revoke the Land Regulations 2006 (reg. 4)."},"complexity_factors":["Cross-references to primary legislation (Land Act 1958) and reliance on external fee-unit valuation under the Monetary Units Act 2004 (Endnotes/explanatory details).","Multiple standardised schedules (forms/templates) that create procedural requirements for diverse actors (owners, councils, Secretary).","Fixed numerical fees expressed in fee units across many transactions (licences, leases, grants, general documents) requiring annual fee‑unit conversion and rounding rules.","Limited administrative discretion (e.g. Secretary may issue duplicate documents: regs 7–8) combined with mandatory timeframes in notice templates (Schedule 2 and Schedule 3).","Amendments and revocations noted (e.g. revocation of prior 2006 Regulations; multiple 2021 amendments) requiring attention to versioning and operative dates."],"plain_english_summary":"These Regulations set the official forms, notice templates and fee charges used under the Land Act 1958. They prescribe how to apply to surrender Crown land, the templates for municipal and owner notices, and the fees (expressed in fee units) for licences, leases, Crown grants and related documents. They affect landowners, licensees, municipal councils and the Department (the Secretary) because those parties must use the specified forms, pay the stated fees and follow the prescribed notice and duplication procedures."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Impossible to assess whether scope changed from original intent — the document provided contains only metadata and structural headings with no substantive regulatory provisions to analyse."},"complexity_factors":["Insufficient substantive content provided to assess true regulatory complexity","Delegated legislation (regulations) can be technically complex depending on the parent Act they operate under","Consolidated versions may contain layered amendments that are harder to interpret than the original","Land law generally involves technical property concepts, but without content this cannot be assessed"],"plain_english_summary":"This is a statutory rule (Land Regulations 2016, SR 102/2016) made in the ACT governing land-related administrative matters. The provided file contains only metadata and headings, not substantive provisions, so it’s unclear what specific rights, duties or penalties it creates. If you have an ACT land issue, consult the full consolidated text on the ACT Legislation Register to see how it affects you."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/land-regulations-2016","history":"/api/acts/land-regulations-2016/history","analysis":"/api/acts/land-regulations-2016/analysis","conflicts":"/api/acts/land-regulations-2016/conflicts","importantCases":"/api/acts/land-regulations-2016/important-cases","documents":"/api/acts/land-regulations-2016/documents"}}