{"id":"sr:library-purposes-trusts-regulations-2020","name":"Library Purposes Trusts Regulations 2020","slug":"library-purposes-trusts-regulations-2020","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185926,"registerId":"vic-sr:library-purposes-trusts-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Library Purposes Trusts Regulations 2020","content":"Version No. 001\n\n**Library Purposes Trusts Regulations 2020**\n\n**S.R. No. 87/2020**\n\nVersion as at  \n6 September 2020\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definition 1\n\n6 Application for authority to surrender library land to the Crown 2\n\n7 Request to Minister for declaration 2\n\n8 Application for authority to surrender, transfer or convey land formerly used for library purposes 2\n\n9 Notice of application to be published 2\n\n10 Time for lodging objections 2\n\nSchedule 1—Application under section 42(2) for authority to surrender library land to the Crown 3\n\nSchedule 2—Request to the Minister under section 43(4) for a declaration under section 43(6) 5\n\nSchedule 3—Application under section 43(8) for authority to surrender, transfer or convey land formerly used for library purposes 6\n\nSchedule 4—Notice under section 43(10) of application to surrender, transfer or convey land formerly used for library purposes 8\n\n═════════════\n\nEndnotes 9\n\n1 General information 9\n\n2 Table of Amendments 11\n\n3 Amendments Not in Operation 12\n\n4 Explanatory details 13\n\n**Version No.** **001**\n\n**Library Purposes Trusts Regulations 2020**\n\n**S.R. No. 87/2020**\n\nVersion as at  \n6 September 2020\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe, for the purposes of the **Libraries Act 1988**—\n\n(a) forms for the surrender, transfer or conveyance of library land and land formerly used for library purposes; and\n\n(b) the time for the lodging of objections to the surrender, transfer or conveyance of that land.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 53 of the **Libraries Act 1988**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 6 September 2020.\n\n\t4 Revocation\n\nThe Library Purposes Trusts Regulations 2010[[1]](#endnote-1) are **revoked**.\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Libraries Act 1988**.\n\n\t6 Application for authority to surrender library land to the Crown\n\nAn application under section 42(2) of the Act must be in the form set out in Schedule 1.\n\n\t7 Request to Minister for declaration\n\nA request under section 43(4) of the Act must be in the form set out in Schedule 2.\n\n\t8 Application for authority to surrender, transfer or convey land formerly used for library purposes\n\nAn application under section 43(8) of the Act must be in the form set out in Schedule 3.\n\n\t9 Notice of application to be published\n\nA notice under section 43(10) of the Act must be in the form set out in Schedule 4.\n\n\t10 Time for lodging objections\n\nFor the purposes of section 43(11)(b) of the Act, the prescribed period is 30 days from the date of publication of the notice.\n\nSchedule 1—Application under section 42(2) for authority to surrender library land to the Crown\n\nRegulation 6\n\n**Libraries Act 1988**\n\nLibrary Purposes Trusts Regulations 2020\n\nApplication under Section 42(2) for Authority to Surrender Library Land to the Crown\n\nTo the Minister\n\n*I/We [*full name of applicant*]\n\nof [*address*]\n\nbeing the trustee/s of the library land described below and the council of the municipal district of [*name of district*] apply for authority to surrender the land to the Crown.\n\nDescription of land: [*describe land*]\n\nThe land—\n\n(a) is library land and is no longer required for library purposes; and\n\n(b) is not subject to any mortgage or charge; and\n\n(c) *is not subject to any lease, tenancy or licence\n\n*is subject to a lease, tenancy or licence [*include particulars*].\n\nDated\n\nSigned\n\nin the presence of\n\nThe seal of the council of the municipal district was affixed by\n\nin the presence of\n\n*Consent of lessee\n\nI [*full name of lessee*]\n\nof [*address*]\n\nbeing the lessee of the land described above consent to this application to surrender the land to the Crown.\n\nDated\n\nSigned\n\nin the presence of\n\n*Delete if inapplicable.\n\nSchedule 2—Request to the Minister under section 43(4) for a declaration under section 43(6)\n\nRegulation 7\n\n**Libraries Act 1988**\n\nLibrary Purposes Trusts Regulations 2020\n\nRequest to the Minister under Section 43(4) for a Declaration under Section 43(6)\n\nTo the Minister\n\n*I/We [*full name of person making request*]\n\nof [*address*]\n\nbeing an eligible person as defined in paragraph *(a)/(b)/(c) of section 43(2) of the Act [*include evidence*] request the Minister to make a declaration under section 43(6) of the Act.\n\nThe land described below has been used for library purposes and in *my/our opinion is no longer required for those purposes [*include evidence*].\n\nDescription of land: [*describe land*]\n\nDated\n\nSigned\n\nin the presence of\n\nI [*full name*] being the chief executive officer of the council of the municipal district of [*name of district*] certify that, after having made reasonable enquiries, I am satisfied the land has been used for library purposes and is no longer required for those purposes.\n\nDated\n\nSigned\n\nin the presence of\n\n*Delete if inapplicable.\n\nSchedule 3—Application under section 43(8) for authority to surrender, transfer or convey land formerly used for library purposes\n\nRegulation 8\n\n**Libraries Act 1988**\n\nLibrary Purposes Trusts Regulations 2020\n\nApplication under Section 43(8) for Authority to Surrender, Transfer or Convey Land Formerly Used for Library Purposes\n\nTo the Minister\n\n*I/We [*full name of applicant*]\n\nof [*address*]\n\nbeing an eligible person as defined in paragraph *(a)/(b)/(c) of section 43(2) of the Act [*include evidence*] apply for authority—\n\n*to surrender to the Crown the land described below\n\n*to transfer or convey the land described below to the council of the municipal district of [*name of district*].\n\nDescription of land: [*describe land*]\n\nThe land *is/is not subject to any mortgage or charge.\n\nThe land *is/is not subject to any lease, tenancy, licence, estate, interest or equity of redemption.\n\nThe land is not library land within the meaning of the **Libraries Act 1988**.\n\nDated\n\nSigned\n\nin the presence of\n\nConsent of council (if council not applicant)\n\nThe council of the municipal district of [*name of district*] consents to this application.\n\nThe seal of the council of the municipal district was affixed by  \nin the presence of\n\nConsent of lessee, mortgagee or other person having an estate, interest or equity of redemption in the land\n\nI [*full name*]\n\nof [*address*]\n\nbeing [*describe nature of interest in the land e.g. lessee, mortgagee*] of the land described above consent to this application.\n\nDated\n\nSigned\n\nin the presence of\n\n*Delete if inapplicable.\n\nSchedule 4—Notice under section 43(10) of application to surrender, transfer or convey land formerly used for library purposes\n\nRegulation 9\n\n**Libraries Act 1988**\n\nLibrary Purposes Trusts Regulations 2020\n\nNotice under Section 43(10) of Application to Surrender, Transfer or Convey Land Formerly Used for Library Purposes\n\nTAKE NOTICE that an application has been made by [*full name of applicant*] of [*address*] to the Minister administering the **Libraries Act 1988** for authority under section 43(8) of the Act—\n\n*to surrender to the Crown the land described below\n\n*to transfer or convey the land described below to the council of the municipal district of [*name of district*].\n\nAny person wishing to object to the granting of the application may lodge with the Minister at [*address of principal office of the Minister*] a written objection within 30 days from the date of publication of this notice.\n\nDescription of land: [*describe land*]\n\n*Delete if inapplicable.\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 Library Purposes Trusts Regulations 2020, S.R. No. 87/2020 were made on 25 August 2020 by the Governor in Council under section 53 of the **Libraries Act 1988**, No. 80/1988 and came into operation on 6 September 2020: regulation 3.\n\nThe Library Purposes Trusts Regulations 2020 will sunset 10 years after the day of making on 25 August 2030 (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\nThere are no amendments made to the Library Purposes Trusts Regulations 2020 by statutory rules, subordinate instruments and Acts.\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. 89/2010. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Regulation 4 revokes the 2010 Regulations, but the 2020 Regulations continue to prescribe application/notice forms and a 30‑day objection period (regs 1,4,6–10; Schedules 1–4). They do not create new substantive powers beyond those in the Libraries Act 1988; they standardise procedure and timing rather than expand scope."},"complexity_factors":["Narrow functional scope: only prescribes forms and objection period (regs 1,6–10; Schedules 1–4).","Dependence on primary legislation: procedures operate under the Libraries Act 1988, so legal effect depends on that Act.","Multiple parties affected: trustees, councils, eligible persons, lessees, mortgagees and the Minister must each take distinct procedural steps.","Administrative steps: specified notices, consent attestations and publication requirement increase procedural coordination.","Revocation: replacement of 2010 Regulations requires stakeholders to adopt updated forms (reg 4)."],"plain_english_summary":"Mechanically, these Regulations prescribe the official forms for applications, consents and public notices for surrendering, transferring or conveying library land and set a 30‑day objection period (regs 6–10; Schedules 1–4). \n\nThey affect trustees, eligible persons, municipal councils, lessees and mortgagees: applicants must complete prescribed forms and secure any required consents, bearing the compliance cost, while the Minister decides on declarations and authorisations within the framework of the Libraries Act 1988."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose of providing administrative forms and timeframes for library land disposal. It is a direct replacement of the 2010 regulations with no expansion of scope."},"complexity_factors":["Only 1 defined term ('the Act')","Straightforward procedural structure with 10 short regulations","Four standard form templates in Schedules with minimal conditional logic","No nested exceptions or complex cross-referencing beyond basic references to the Libraries Act 1988","Clear linear process: application → notice → objection period → decision","Total length is approximately 4 pages of substantive content"],"plain_english_summary":"This is a Victorian regulation that sets out the paperwork and procedures for dealing with land that was originally set aside for public libraries but is no longer needed for that purpose.\n\n**What it does:**\n- Provides standard forms for councils and trustees to apply to the Minister to surrender (give back), transfer, or sell library land\n- Sets a 30-day deadline for people to object to these land deals\n- Replaces the old 2010 regulations with updated forms\n\n**Who it affects:**\n- Local councils in Victoria who manage library land\n- Trustees of library land (people or bodies legally holding the land for library purposes)\n- Members of the public who want to object to land being sold or transferred\n\n**Why it matters:**\nLibrary land is often held in trust specifically for public library use. This regulation ensures there's a proper legal process—with public notice and objection rights—before that land can be disposed of or repurposed. It protects public assets by requiring ministerial approval and transparency.\n\n**Key processes covered:**\n- **Surrendering land to the Crown** (giving it back to the State)\n- **Requesting a ministerial declaration** that land is no longer needed for libraries\n- **Transferring or selling former library land** to councils or others\n- **Publishing notices** so the community can object within 30 days"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, the regulations appear consistent with their stated purpose of governing library purposes trusts. There is insufficient content to identify any scope creep or deviation from original intent. The instrument appears narrowly focused on its stated subject matter."},"complexity_factors":["Very limited substantive content available in the provided text — mostly metadata and version history","Trust law concepts may be unfamiliar to laypersons but the subject matter is narrow and specific","Appears to be a relatively contained regulatory instrument with a focused scope (library trusts only)","No apparent cross-referencing to complex legislative schemes visible in the provided text"],"plain_english_summary":"These 2020 regulations govern how trusts established for library purposes in Australia must be managed. They affect trustees, libraries that receive trust assets, and donors who set up or contribute to such trusts. The rules aim to ensure trust funds and property are administered properly and used for their intended library purposes, providing legal certainty."}},"importantCases":[],"_links":{"self":"/api/acts/library-purposes-trusts-regulations-2020","history":"/api/acts/library-purposes-trusts-regulations-2020/history","analysis":"/api/acts/library-purposes-trusts-regulations-2020/analysis","conflicts":"/api/acts/library-purposes-trusts-regulations-2020/conflicts","importantCases":"/api/acts/library-purposes-trusts-regulations-2020/important-cases","documents":"/api/acts/library-purposes-trusts-regulations-2020/documents"}}