{"id":"metung-land-act-1991","name":"Metung Land Act 1991","slug":"metung-land-act-1991","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178203,"registerId":"vic-metung-land-act-1991-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Metung Land Act 1991","content":"i\nVersion No. 001\nMetung Land Act 1991\nNo. 20 of 1991\nVersion as at 2 March 2009\nTABLE OF PROVISIONS\nSection Page\n1 Purpose 1\n2 Commencement 1\n3 Long-term marina development leases 1\n4 No compensation payable by the Crown 2\n__________________\nSCHEDULE—Land in the Parish of Bumberrah over which long-\nterm leases may be authorised 3\n═══════════════\nENDNOTES 4\n1. General Information 4\n2. Table of Amendments 5\n3. Explanatory Details 6\n\n1\nVersion No. 001\nMetung Land Act 1991\nNo. 20 of 1991\nVersion as at 2 March 2009\nPreamble\nIt is proposed to develop land near Metung as a\nmarina:\nTo facilitate that development it is proposed to\nauthorise the granting of long-term leases over that\nland:\nThe Parliament of Victoria therefore enacts as follows:\n1 Purpose\nThe purpose of this Act is to authorise the\ngranting of long-term leases for marina\ndevelopment over land near Metung.\n2 Commencement\nThis Act comes into operation on a day to be\nproclaimed.\n3 Long-term marina development leases\n(1) The Minister administering the Crown Land\n(Reserves) Act 1978, on receiving a plan of\nsurvey, signed by the Surveyor-General, of the\nland shown hatched on the plan in the Schedule or\nof that land as nearly as practicable, may\nrecommend to the Governor in Council that long-\nterm leases be authorised over the land in the plan\nof survey.\n\nMetung Land Act 1991\nNo. 20 of 1991\n2\n(2) On the Minister's recommendation the Governor\nin Council, by Order published in the Government\nGazette, may authorise the granting of long-term\nleases over all or any part of the land in the plan\nof survey.\n(3) On and from the date of publication of the Order\nin the Government Gazette, the Minister\nadministering the Crown Land (Reserves) Act\n1978 or, with that Minister's approval, a\ncommittee of management for the land in the plan\nof survey may grant leases over all or any part of\nthe land for the purpose of marina development,\nfor terms each of which is not more than 50 years.\n(4) Leases referred to in this section may be granted\ndespite anything to the contrary in any Act or law\nor in any instrument reserving the land.\n(5) Subject to subsections (3) and (4), the Crown\nLand (Reserves) Act 1978 applies to leases under\nthis section.\n4 No compensation payable by the Crown\nExcept as expressly provided in any lease referred\nto in section 3, no compensation is payable by the\nCrown in respect of anything done under or\narising out of this Act.\n__________________\ns. 4\n\nMetung Land Act 1991\nNo. 20 of 1991\n3\nSCHEDULE\nLAND IN THE PARISH OF BUMBERRAH OVER WHICH\nLONG-TERM LEASES MAY BE AUTHORISED\n═══════════════\nSection 3.\nSch.\n\nMetung Land Act 1991\nNo. 20 of 1991\n4\nENDNOTES\n1. General Information\nMinister's second reading speech—\nLegislative Assembly: 14 March 1991\nLegislative Council: 9 April 1991\nThe long title for the Bill for this Act was \"A Bill to authorise the granting of\nlong-term leases over land near Metung and for other purposes.\".\nThe Metung Land Act 1991 was assented to on 14 May 1991 and came into\noperation on 2 March 2009: Government Gazette 26 February 2009\npage 444.\nEndnotes\n\nMetung Land Act 1991\nNo. 20 of 1991\n5\n2. Table of Amendments\nThere are no amendments made to the Metung Land Act 1991 by Acts and\nsubordinate instruments.\nEndnotes\n\nMetung Land Act 1991\nNo. 20 of 1991\n6\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act’s text and stated purpose are narrowly focused: to authorise long‑term leases for marina development over specified land near Metung (preamble and s 1). The instrument contains no recorded amendments and the endnotes state there have been no amendments to the Act. Therefore the statutory scope has not grown beyond its original, narrow purpose; the current version implements that original intent (authorising up to 50‑year marina leases and limiting Crown compensation) rather than expanding it."},"complexity_factors":["Very short Act: 4 substantive sections plus Schedule","Cross‑references to external legislation: Crown Land (Reserves) Act 1978 (s 3(5))","Decision sequence with conditions: plan by Surveyor‑General → Minister recommendation → Governor in Council Order → Gazette publication → grant of leases (s 3(1)–(3))","Discretionary executive power: Governor in Council authorisation and Minister/committee grant (ss 3(2)–(3))","Override clause allowing leases despite contrary Acts/instruments (s 3(4))","Absence of a statutory definition for key term “marina development” (s 3(3))","Schedule relied on as territorial specification rather than textual description (Schedule and s 3(1))","Non‑payment of compensation by Crown except as expressly provided in leases (s 4)"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Authorises the grant of long-term leases (up to 50 years) over a specified area of Crown land near Metung for the purpose of marina development (see s 3(3)).\n- Triggers a four-step process before leases can be granted: (1) a plan of survey signed by the Surveyor‑General of the land shown in the Schedule must be received by the responsible Minister (s 3(1)); (2) the Minister administering the Crown Land (Reserves) Act 1978 may recommend to the Governor in Council that long‑term leases be authorised (s 3(1)); (3) the Governor in Council may, by Order published in the Government Gazette, authorise such leases over all or part of the surveyed land (s 3(2)); and (4) from the date of that Gazette publication the Minister or, with the Minister’s approval, a committee of management may grant leases for marina development (s 3(3)).\n- Makes clear that leases under this Act may be granted despite anything contrary in any Act, law or instrument reserving the land (s 3(4)).\n- Provides that, except where a lease expressly provides otherwise, the Crown is not liable to pay compensation for anything done under or arising out of the Act (s 4).\n- Otherwise, the Crown Land (Reserves) Act 1978 applies to these leases unless inconsistent with ss 3(3)–(4) (s 3(5)).\n\n**What the Act says is the intended purpose**\n\n- The preamble and s 1 state the Act’s purpose is to authorise long‑term leases for marina development over land near Metung.\n\n**Who this affects**\n\n- Potential lessees (private developers or investors): gain a statutory route to secure long‑term marina leases (s 3(3)).\n- The Crown and its agencies: the Minister and Governor in Council exercise the key decisions (ss 3(1)–(3)); committees of management may be authorised to grant leases with Ministerial approval (s 3(3)).\n- Third parties and neighbouring landholders: the Act removes Crown liability for compensation (s 4) except to the extent expressly agreed in a lease, and allows leases despite contrary legal reservations (s 3(4)). This can limit statutory compensation remedies for impacts arising from the authorised leases.\n\n**Why it matters (practical effects, incentives and trade‑offs)**\n\n- Facilitates private investment in marina infrastructure by enabling up to 50‑year secure leaseholds dedicated to marina development (s 3(3)). Long lease terms can make finance and development commercially viable. The Act imposes a specific permitted use (marina development) which constrains what lessees can do under the lease (s 3(3)).\n- Shifts financial and risk burdens away from the Crown for actions under the Act: general Crown immunity from compensation (s 4) means affected persons must rely on express lease terms or other available legal remedies (not the Crown’s compensation) for losses tied to the authorised leases.\n- Confers significant executive discretion: the Minister must receive a survey and may recommend, but the Governor in Council has the power to authorise leases by Gazette Order (ss 3(1)–(2)). That creates a centralised decision point with potential for concentrated benefit (to lessees) and more diffuse costs (to the public and local stakeholders), to the extent those costs are not covered in leases.\n- Overrides competing statutory or instrument-based restrictions on the reserved land (s 3(4)). That reduces legal obstacles to the specific marina project but also reduces legal constraints that might otherwise protect alternative public uses or reservations.\n- Most rules in the Crown Land (Reserves) Act 1978 still apply to these leases unless inconsistent with ss 3(3)–(4) (s 3(5)), so standard Crown‑land leasing processes and duties remain relevant except where this Act creates a specific exception.\n\n**Implementation and compliance notes**\n\n- A practical precondition is a plan of survey signed by the Surveyor‑General (s 3(1)). If that plan is not produced or is disputed, the authorisation process cannot proceed.\n- The Schedule is the territorial reference point for the land over which leases may be authorised (s 3 and Schedule). The Act relies on that map/plan rather than a detailed textual description in the statute.\n- The Act contains no definition of “marina development” within the text; the permissible uses and restrictions will therefore be set out in leases and in Crown Land (Reserves) Act‑based processes (s 3(3) and s 3(5)).\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: lessees and private developers will bear most development costs and commercial risks; the Crown limits its exposure to compensation unless expressly agreed in a lease (s 4).\n- Who decides: the Minister (for recommendation and grant subject to conditions), the Governor in Council (for authorisation by Gazette Order), and potentially committees of management with Ministerial approval (ss 3(1)–(3)).\n- Behaviour changes: developers are enabled to seek long‑term leasehold interest for marina use; the Crown and its managers gain the option to grant such leases even where other laws or reservations might otherwise prevent it (s 3(4)).\n\n**Concrete trade‑offs and implementation risks**\n\n- Concentrated private benefit: the statutory route creates value for the party that secures a long leasehold; that benefit is concentrated and may incentivise competitive bidding or lobbying for authorisation.\n- Diffuse cost and limited compensation: neighbours and other affected parties may bear the cost of development impacts without statutory Crown compensation except as set out in any lease (s 4). That shifts negotiation leverage into lease drafting and governance processes.\n- Dependence on external instruments: the Act’s practical effect depends on the survey plan, lease terms, and the interaction with the Crown Land (Reserves) Act 1978; absent clear lease controls or public conditions, outcomes depend heavily on the content of individual leases and the exercise of executive discretion (s 3(1)–(5))."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. It was enacted specifically to enable long-term marina leases over land near Metung, and it continues to do exactly that with no expansion of scope through amendments (the Table of Amendments confirms no changes have been made since 1991)."},"complexity_factors":["Extremely short statute (only 4 operative sections)","No defined terms section","Minimal cross-referencing (only references to Crown Land (Reserves) Act 1978)","Simple linear structure with no nested conditions or exceptions","Single purpose legislation with no regulatory mechanisms","No delegated legislative powers","No penalty provisions or enforcement mechanisms"],"plain_english_summary":"**What this law does:**\n\nThis is a very specific, one-off law that allows the Victorian Government to grant **long-term leases** (up to 50 years) over a particular patch of Crown land near Metung (a town in East Gippsland, Victoria) for the purpose of building a **marina**.\n\n**Who it affects:**\n\n*   **Developers:** Anyone wanting to build or operate a marina on this specific land.\n*   **The local community:** Residents and boaters who would use the marina facilities.\n*   **The Crown (State Government):** The law overrides the usual rules that normally restrict how long leases can be granted on Crown land.\n\n**Why it matters:**\n\nNormally, Victorian laws limit how long you can lease Crown land for. This Act creates a legal exception for this specific parcel of land, making it possible to secure the long-term investment needed to build a marina. It essentially says: *\"For this particular bit of land near Metung, the usual 50-year lease limit can be applied despite any other law that might say otherwise.\"*\n\n**Key features:**\n\n*   **Location-specific:** Only applies to land shown on the map in the Schedule (Parish of Bumberrah).\n*   **Process:** The Minister recommends, the Governor in Council approves via a published Order, then leases can be granted.\n*   **No compensation:** The government explicitly avoids liability for compensation unless the lease itself says otherwise."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent as the operative provisions of the Act were not included in the provided text. Only administrative metadata was available for review."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history were included, preventing full analysis","Narrow geographic and subject matter scope (single locality land act) typically indicates lower complexity","1991 vintage legislation tends to use straightforward drafting compared to modern statutes","No amending acts or complex schedules visible in the provided text"],"plain_english_summary":"The Metung Land Act 1991 is a Victorian law concerning land in and around Metung, East Gippsland. Although the operative text isn’t provided here, the Act remains in force and—by its nature—likely affects property rights, ownership, transfers or land use in the area. If you own, lease or have an interest in Metung land, consult the full Act on the Victorian Legislation website to see how it applies."}},"importantCases":[],"_links":{"self":"/api/acts/metung-land-act-1991","history":"/api/acts/metung-land-act-1991/history","analysis":"/api/acts/metung-land-act-1991/analysis","conflicts":"/api/acts/metung-land-act-1991/conflicts","importantCases":"/api/acts/metung-land-act-1991/important-cases","documents":"/api/acts/metung-land-act-1991/documents"}}