Ararat Land Act 1926

The Act deploys a small number of legal concepts to change the legal status and management obligations for a specified parcel of Crown‑administered land. These concepts appear and operate in the following form.

• Revocation of reservation. Section 2 revokes prior Orders in Council that had reserved the land as a burial ground. The revocation is expressed to be absolute for that purpose and is accompanied by a rule that "no further interments shall be made therein", which operates as a statutory prohibition on future burials (s 2). The Preamble documents the historic Orders in Council and the factual background, but the operative revocation is effected by s 2.

• Re‑vesting in the Crown freed from trusts, limitations and restrictions. Section 3(a) is framed as a re‑vesting provision. It returns the land to His Majesty "freed and discharged from all trusts limitations and restrictions whatsoever". The language is broad; in the terms of the Act it extinguishes any prior statutory or equitable encumbrances described generically as trusts, limitations or restrictions. The Act does not itself catalogue exceptions to that breadth except where it separately preserves obligations elsewhere in the Act, namely s 4.

• Deemed unalienated Crown land and capacity to reserve under the Land Acts. Section 3(b) and (c) operate together. Subsection (b) deems the parcel to be unalienated Crown land, which places the land within the category of Crown holdings that may be dealt with under Crown land rules. Subsection (c) then expressly contemplates that the land "may pursuant to the Land Acts be reserved as a site for show-yards". The Act therefore changes the category of land use from burial ground to a form of public exhibition ground, subject to reservation procedures under the cited Land Acts.

• Statutory duty on a named society with ministerial satisfaction standard. Section 4 imposes an active duty on the Ararat Agricultural Horticultural and Pastoral Society to surround and maintain fences around graves whose remains were not exhumed. That obligation is qualified by the standard "to the satisfaction of the Minister", introducing an administrative oversight role for a ministerial officer or portfolio holder, and it requires ongoing maintenance and "otherwise properly to protect such graves" (s 4).

• Land description by historic surveying measures. The Schedule uses 19th and early 20th century surveying units and bearings: acres, roods, perches, chains and links, with precise compass bearings and a commencement point "bearing from the north-west angle of the hospital reserve" (Schedule). The Act therefore ties the statutory change to a specific and technically expressed parcel, which has consequences for surveying and for any future conveyancing or administration.

The Endnotes add interpretive context, noting the assent and commencement date and specifying that there have been no amendments. They also reproduce certain Interpretation of Legislation Act provisions that affect how the Act is read as a modern text, for example that headings and punctuation are to be treated as part of the Act as from modern ILA amendments. The Act’s main concepts therefore combine a narrow reclassification of land use, a Crown re‑vesting clause, a ministerial satisfaction standard for a local society’s duties, and reliance on the contemporaneous Land Acts framework for any future reservation as show-yards (ss 2-4; Schedule; Endnotes).

The Act identifies and affects a small set of actors directly, and indirectly affects holders of interests in the specified parcel and public authorities responsible for Crown land administration.

• The Crown / State. Section 3 re‑vests the land in His Majesty and declares it may be treated as unalienated Crown land (s 3(a)-(b)). That change places statutory title or control with the Crown and with the administrative apparatus responsible for Crown land under the Land Acts. The Crown acquires the legal capacity to deal with the land in the same manner as other unalienated Crown holdings, and to invoke reservation powers under the Land Acts (s 3(c)). The Act therefore affects whoever exercises Crown land administration powers under the Land Acts.

• The Ararat Agricultural Horticultural and Pastoral Society. The Act specifically names the society and imposes duties on it (s 4). The society must surround and maintain fences around any graves remaining in the parcel, and otherwise protect the graves, to the satisfaction of the Minister. The text indicates the society applied for the land to be added to its occupation and accepted the protection obligations, as recorded in the Preamble. The society is therefore the primary private actor burdened with ongoing maintenance costs and a statutory standard of performance.

• Minister. Section 4 introduces a ministerial oversight function, by requiring that the society’s fencing and protection of graves be "to the satisfaction of the Minister". The Act does not expressly name the portfolio; the reference confers a measure of administrative discretion to the Minister with responsibility for the subject matter. The Minister is therefore an adjudicator of compliance and recipient of the society’s works.

• Local trustees and previous trustees. The Preamble records that, by Order in Council dated 6 March 1865, the land had been placed under the control of the Trustees of the Ararat Public Cemetery. Section 2 revokes reservations that made the land a burial ground. Section 3 re‑vests the land in the Crown freed from trusts; that operation will affect any prior trusteeship arrangements by discharging "all trusts limitations and restrictions whatsoever" (s 3(a)). The Act therefore alters the legal position of past trustees and any trust‑based obligations previously attached to the land.

• Persons with physical remains interred. The Preamble records that, with the exception of the remains of two deceased persons, all known human remains had been exhumed and reinterred. The Act expressly protects "those deceased persons whose remains have been interred in the land described in the Schedule ... but have not been exhumed therefrom" via the society’s obligations (s 4). The families or estate representatives of those interred may be indirectly affected by the change in land status and by the prescribed protections.

• Users and potential users of the land. By authorising reservation as show-yards pursuant to the Land Acts (s 3(c)), the Act contemplates conversion of the parcel to a use associated with exhibitions of stock and produce. That will affect future users, competing uses, and any commercial arrangements relating to show‑yard operation; however, the Act does not itself create any licences or tenancy arrangements, so those effects will arise only if and when reservation under the Land Acts is pursued.

• Surveyors, local government and property researchers. The Schedule’s precise bearings and historical units require mapping and likely conversion to modern coordinates or cadastral descriptions for administrative action, including reservation or Crown records changes. The Endnotes’ references to the Interpretation of Legislation Act mean headings and punctuation are treated as part of the Act for modern interpretation, which may affect how the schedule and sections are read.

The Act does not provide for compensation, or for third party rights, nor does it create an explicit enforcement regime or penalties against non‑parties. The direct legal burdens and administrative decision points are therefore concentrated on the Crown, the named society and the Minister, as the text frames them (ss 2-4; Schedule; Preamble; Endnotes).

The Act creates a compact set of duties and confers certain legal capacities. Each is stated plainly in the operative provisions.

Duties

• Society’s duty to surround and maintain graves. Section 4 obliges the Ararat Agricultural Horticultural and Pastoral Society to surround those graves whose remains have not been exhumed "with fences and maintain such fences in a proper state of repair and otherwise properly protect such graves", the qualifier being "to the satisfaction of the Minister". This is an ongoing maintenance obligation; the verb forms require initial works and continuing upkeep. The standard of performance is administrative and subjective, being "to the satisfaction of the Minister". The Act does not specify timeframes, enforcement steps, or penalties for failure.

• Prohibition on future interments. Section 2 revokes the burial‑ground reservation and states that "no further interments shall be made therein". That is a statutory prohibition on new burials in the described parcel. The Act supplies the prohibition but does not attach any penalty clause or enforcement mechanism in the text itself.

Rights and legal capacities

• Crown’s re‑vested title and dealing capacity. Section 3(a) re‑vests the land in His Majesty "freed and discharged from all trusts limitations and restrictions whatsoever". Section 3(b) then states the land "shall be deemed to be and may be dealt with as unalienated land of the Crown". Those provisions operate as rights or capacities for the Crown to manage the parcel as unalienated land in accordance with Crown land processes, subject to the request to reserve under the Land Acts in s 3(c). The Act does not itself authorise a specific disposal, lease or licence; it returns the land to generic Crown control and to the suite of options available for unalienated Crown land.

• Power to reserve under the Land Acts. Section 3(c) confers an explicit capacity to reserve the land "pursuant to the Land Acts" as a site for show-yards. That provides a statutory pathway for the Crown to change use from burial ground to exhibition ground; the mechanism and detailed process are by reference to the Land Acts rather than being set out in this Act.

• Ministerial supervisory role. Section 4’s "to the satisfaction of the Minister" phrase gives the Minister an evaluative function over the society’s protective works. It is an administrative power to accept, reject or require remedial steps through the satisfaction standard, albeit the Act does not define the Minister’s procedure.

Absences and limits

• No penalty clauses. The Act does not include express penalties or enforcement procedures for breach of the society’s duties, or for contravention of the prohibition on interments. It likewise does not lay down notice requirements, time limits, or specific remedies. Rights to compel performance, or to recover costs, are not set out in the text.

• No express transfer of possession or exclusive occupancy rights. The Act re‑vests title and enables reservation for show-yards, but it does not itself grant a lease, licence or exclusive occupancy to the society. The society’s duties are imposed without the Act itself creating an express landholding right in favour of the society.

• No compensation mechanism. The Act contains no provision for compensation to any party for the revocation or for any consequent use change. The re‑vesting language is unqualified other than the society’s protective duties.

Each duty and capacity is therefore narrow and fact‑specific: revocation and prohibition on interments (s 2); Crown re‑vesting and deemed status as unalienated land with power to reserve for show‑yards under the Land Acts (s 3); and the society’s protective and maintenance obligations subject to ministerial satisfaction (s 4). The Schedule’s precise description anchors those duties and capacities to a defined parcel of land.

The Act itself contains no express penalty schedule, enforcement mechanism, administrative sanction or private right of action. Its four operative sections set out substantive changes and duties but do not prescribe statutory fines, injunction regimes or criminal sanctions for non‑compliance.

• No statutory penalties. Review of the operative provisions shows no express penalty attached to the prohibition "no further interments shall be made therein" (s 2), nor to the society’s maintenance obligations (s 4). The text imposes duties and prohibitions but leaves the form of enforcement unspecified.

• Ministerial oversight as a compliance lever. While the Act lacks express penalties, it does create an evaluative control point in the phrase "to the satisfaction of the Minister" in s 4. That standard gives the Minister an administrative mechanism to require satisfactory fencing and protection. Practically, the Minister’s satisfaction functions as an indirect enforcement lever; however the Act does not state what steps the Minister may take if the society does not achieve satisfaction, such as issuing directions, imposing fines, carrying out works at the society’s expense, or using other statutory powers under separate legislation.

• Reliance on external statutes and common administrative powers. The Act refers to the Land Acts for future reservation (s 3(c)). Enforcement for matters connected to land reservation, use, and compliance with Crown land conditions will therefore fall to the mechanisms provided by the Land Acts and by other applicable legislation or regulations. The present Act does not itself invoke those enforcement tools; it relies on the existing administrative framework by reference. The Endnotes do not add any enforcement detail.

• Civil remedies and private enforcement. The Act does not create an express private right to enforce the society’s obligations or the prohibition on interments. In the absence of statutory enforcement provisions, persons affected by breach (for example, family members of interred persons) would need to rely on general civil law principles or other statutes for remedies. The Act does not address access, trespass, or rights of entry, nor does it specify whether non‑compliance gives rise to a right to seek judicial relief.

• Administrative recordkeeping and recording actions. The revocation of Orders in Council and the re‑vesting into the Crown (ss 2-3) will require administrative acts to record the change of status. The Act does not specify which office or registry must be updated, or any timeframe for doing so. Absent statutory steps in the Act, practical enforcement and evidentiary questions will depend on departmental practice and on the Land Acts processes for recording reservations and dispositions.

In short, the Act prescribes substantive changes and duties but leaves enforcement largely to the Minister’s evaluative capacity and to other statutory frameworks. Practitioners will need to identify and invoke enforcement machinery that sits outside the Ararat Land Act 1926 when compliance needs to be compelled or breaches addressed.

The Act is short and relies by reference on other statutory frameworks, most notably the Land Acts and administrative practices for Crown land. The Endnotes also refer to the Interpretation of Legislation Act 1984 (ILA) and identify modern interpretive consequences that apply to the Act as a historical instrument.

• Relationship with the Land Acts. Section 3(c) expressly contemplates that the land "may pursuant to the Land Acts be reserved as a site for show-yards for the exhibition of stock and produce". The Land Acts are therefore the procedural and substantive vehicle for any future reservation, designation, or management obligations tied to show‑yards. The Ararat Land Act 1926 does not displace the Land Acts; it creates an enabling state by re‑vesting the parcel in the Crown and identifying an intended use, but the detailed conditions, procedures and rights arising from a reservation will derive from the Land Acts themselves. The Act therefore operates as a change of status coupled with an invitation to apply the Land Acts’ mechanisms.

• Prior Orders in Council and trusteeship. The Preamble and s 2 reference historic Orders in Council that reserved the parcel as "The old burial ground" and that placed it under the control of the Trustees of the Ararat Public Cemetery. Section 2 revokes those Orders in Council that reserved the land as a burial site, and s 3 re‑vests it "freed and discharged from all trusts limitations and restrictions whatsoever". The Act therefore terminates the prior administrative configuration and any statutory trap perimeter created by those specific Orders in Council, to the extent described.

• Administrative law and ministerial discretion. Section 4 requires the society’s works to be "to the satisfaction of the Minister". That phrase imports administrative law concepts of ministerial discretion, reasonableness and procedural fairness, as applicable under the broader Victorian administrative law framework. The Act does not itself define the decision process or standards for review. Interpretation in contemporary settings will be influenced by the ILA provisions noted in the Endnotes about headings and punctuation forming part of the Act and by ordinary administrative law principles, although those latter principles are not detailed in this Act.

• Interpretation and modern legislative reading. The Endnotes reproduce elements of the Interpretation of Legislation Act, including that headings and punctuation form part of the Act and other interpretive rules. That means modern readers will treat the Act’s headings and schedule and punctuation as integral when construing obligations and boundaries. The Endnotes also state the Act has had no amendments, so the original 1926 wording remains intact, subject to modern interpretive overlays.

• Absence of cross‑reference to burial, exhumation or health statutes. The Act deals with exhumation facts in the Preamble and with the prohibition on further interments in s 2; however it does not reference or displace any public health, burial, cemetery management, or coronial statutes that may otherwise apply. In jurisdictions where separate statutes regulate exhumation, burial, and cemetery protection, those statutes will continue to operate alongside this Act. The Ararat Land Act 1926 does not purport to override or replicate such laws.

• Conveyancing and cadastral systems. The Schedule uses historic surveying units and references local features such as "the north-west angle of the hospital reserve". Any administrative change under the Land Acts or any title recording will require harmonisation with contemporary cadastral descriptions and registries. The Act itself does not lay down conversion procedures; practical interaction with the Lands titles and surveying statutes will be necessary.

Overall, the Act operates by making a discrete statutory change and relying on external statutes and administrative processes, especially the Land Acts and the general administrative law environment, to effect, record and enforce subsequent reservations or compliance. The Endnotes and the Schedule are relevant to interpretation and practical implementation.

The Endnotes to the Act explicitly record that there have been no amendments to the Ararat Land Act 1926 as at the version date. The relevant entries state:

• "There are no amendments made to the Ararat Land Act 1926 by Acts and subordinate instruments" (Endnotes, Table of Amendments).

• "There are no amendments which were Not in Operation at the date of this publication" (Endnotes, Amendments Not in Operation).

The version notes state the Act was assented to and commenced on 23 December 1926. The version as at 1 June 2019 reflects the original 1926 text with no subsequent statutory modifications recorded in the Endnotes. Because the Act remains in its original form, the operative language, including the broad re‑vesting clause in s 3(a) and the society’s obligations in s 4, retains its 1926 drafting and stylistic features.

The Endnotes also include material from the Interpretation of Legislation Act 1984 about how to treat headings, punctuation and other formal elements. Those ILA provisions are not amendments to the Ararat Land Act 1926 itself, but they affect modern interpretation of the Act by treating headings, examples, punctuation, and provision numbers as part of the Act where the ILA applies. The Endnotes’ commentary therefore modifies the interpretive context rather than altering the substantive text.

Because there are no recorded amendments, readers should expect that the language, surveying units and references to historical Orders in Council are unchanged from the 1926 enactment. Any modern administrative or legal action that relies on the Act will need to work with the Act’s original form and its explicit cross‑references to the Land Acts for future reservation steps. The absence of amendments also means the Act contains no modernised enforcement clauses or procedural detail added by later legislation; such additions would have appeared in the Table of Amendments if they had been made.

Practitioners should therefore rely on the Act in its original form as reproduced here, and consult the Land Acts and contemporary administrative law and property frameworks for any procedural or enforcement mechanisms not present in this short statute.

The version text and the Endnotes do not record any cases, reported litigation, or judicial interpretation arising under the Ararat Land Act 1926. The Act itself does not name or cite any precedent, and the Endnotes include no "Litigation history" entries or references to judicial decisions. As such, there is no litigation history provided within the source material.

The absence of recorded cases in the text supplied means that any legal uncertainty over the Act’s terms , for example, how broadly "freed and discharged from all trusts limitations and restrictions whatsoever" in s 3(a) operates in practice, or what procedural steps a Minister must take when assessing whether fences are "to the satisfaction of the Minister" under s 4 , has not been illuminated by authority in the document provided. Where courts have addressed similar language in other contexts, such jurisprudence would need to be located separately, but no such materials are part of this Act’s Endnotes or schedule.

Because the Act does not include penalties or clear enforcement mechanisms, and because it confers ministerial satisfaction standards, potential areas for litigation could include disputes over the standard of the Minister’s satisfaction, alleged failures by the society to protect graves, or conflicts between the Crown’s re‑vesting and lingering private rights. None of those issues are adjudicated or recorded in the source text.

Practitioners wishing to know whether there has been subsequent litigation will need to consult external case law databases and judicial records; the Act itself and its Endnotes do not offer litigation history. The Endnotes’ note that there are no amendments also indicates that no statutory modifications reflecting judicial interpretation have been made into the text, at least as recorded in this version.

The Act is short and specific, but several features create practical risks, ambiguities and administrative consequences that practitioners should note. Each "gotcha" below references the relevant provision in the text.

• Broad re‑vesting language with local protective duty tension. Section 3(a) re‑vests the land "freed and discharged from all trusts limitations and restrictions whatsoever". That is broad language. Immediately after that, s 4 imposes a specific protective duty on a private society for the remaining graves. There is therefore a textual tension: the Crown takes the land free of prior trusts, yet the Act imposes ongoing obligations on the society rather than on the Crown. Practically this means the Crown holds title while the society bears maintenance duties. The Act does not specify how costs or liability are apportioned if the society fails to perform.

• Ministerial satisfaction standard with no articulated process. The society must act "to the satisfaction of the Minister" (s 4). The Act does not define what procedural steps are required to obtain that satisfaction, whether the Minister must give written reasons, whether there is a review mechanism, or whether the society may appeal a negative decision. Administrative law principles may supply procedural controls, but the Act itself is silent.

• No penalties, no enforcement detail. The Act contains no sanctions or remedies for non‑compliance. Section 2 prohibits further interments and s 4 obliges the society to protect graves; however the Act does not specify any penalty for contravention or non‑performance. Enforcement will therefore depend on external statutory powers available to the Minister or Crown, or on civil remedies under general law. This creates uncertainty about practical enforcement pathways.

• Schedule uses historic survey units and references. The Schedule describes the parcel using acres, roods, perches, chains and links, together with bearings and a commencement point "bearing from the north-west angle of the hospital reserve". Modern cadastral systems use metric coordinates and contemporary identifiers. Translating the Schedule into current cadastral descriptors will require survey work and may reveal discrepancies. Failure to reconcile the description could cause delays or disputes in any re‑reservation or development process.

• Residual human remains. The Preamble records that, "with the exception of the remains of two deceased persons", all known remains were exhumed and reinterred. Section 4 protects "those deceased persons whose remains have been interred ... but have not been exhumed". That leaves a small physical legacy on the land. If those remains are relocated in future, s 4 may become redundant; until then the society’s obligations remain. The Act does not provide a process for re‑exhumation or for dispute resolution about the treatment of those remains.

• No express transfer of land use rights to the society. The society is given protective duties but is not granted any express proprietary right such as a lease or licence by this Act. If the society seeks to use the land as part of its show‑yards, a separate reservation under the Land Acts will be necessary. The society’s protective duties do not themselves create occupation or exclusive use rights.

• Reliance on external Land Acts framework. Section 3(c) contemplates reservation "pursuant to the Land Acts". Any intended change of use to show‑yards depends on the Land Acts’ procedures, conditions and timelines, none of which are specified here. Practitioners must therefore map the statutory pathway under the Land Acts before any project can proceed.

• Lack of clarity as to which Minister. The Act uses the expression "the Minister" in s 4 without specifying the portfolio. Over time ministerial responsibilities may shift. That can create ambiguity in practice about which Minister’s satisfaction is required and which administrative office to engage with.

• No express protection of public access or privacy. The Act does not state whether the graves are to be accessible to family members, whether there are restrictions on public access, or how the graves are to be labelled. The protective duty is limited to fencing and general protection, leaving significant detail to be worked out administratively.

Those items represent concrete implementation risks embedded in the Act’s wording. They are not criticisms but practical points to be addressed when the Act is relied upon to change land use or to manage the remaining graves.

Compliance under the Ararat Land Act 1926 involves discrete and practical steps for the two principal operating parties: the Ararat Agricultural Horticultural and Pastoral Society, and the Crown administrative authority responsible for Crown land and ministerial oversight. The Act itself prescribes duties and changes but leaves procedural detail to other instruments and administrative practice. The following practical checklist is grounded in the Act’s text.

For the Ararat Agricultural Horticultural and Pastoral Society

1. Identify and mark the graves that remain on the parcel. The Preamble records that two deceased persons’ remains were not exhumed. Section 4 requires the society to "surround the graves ... with fences", so a precise identification and survey of the graves’ locations against the Schedule description is a first step (s 4; Schedule).

2. Engage a licensed surveyor to reconcile the Schedule description with modern cadastral coordinates. The Schedule uses acres, roods, perches, chains and links. Accurate modern mapping will assist in locating the graves, and will be necessary if the society or the Crown pursues a reservation under the Land Acts (Schedule).

3. Design and erect fences sufficient to meet the Minister’s satisfaction. The society must surround the graves "to the satisfaction of the Minister" and maintain the fences "in a proper state of repair" (s 4). The society should document proposed fencing plans, materials and maintenance schedules for submission to the Minister’s office.

4. Liaise with the Ministerial office to determine the standard of satisfaction and any procedural requirements. Because the Act does not define the Minister’s criteria or process, the society should seek written guidance on submission requirements, inspection processes, and any records the Minister will require to be kept.

5. Keep records of maintenance and inspection. The society should maintain written logs, photographs and invoices demonstrating initial works and ongoing repair efforts to evidence compliance if questioned.

6. Clarify rights and liabilities. Because the Act does not convey a proprietary estate to the society, the society should obtain clear documentation from Crown land authorities if it seeks any occupancy rights or privileges beyond the protective duties. Any proposed use of the parcel for show‑yards will require reservation under the Land Acts (s 3(c)).

For the Crown / Minister / Land administration

1. Record the revocation and re‑vesting in Crown records. Section 2 revokes Orders in Council reserving the parcel as a burial ground and s 3 re‑vests the land in His Majesty. Administrative offices should ensure public records and land registers accurately reflect that status change.

2. Specify which Minister is to exercise satisfaction and adopt a clear inspection process. The phrase "to the satisfaction of the Minister" requires an administrative protocol. The responsible Minister’s office should issue procedural guidance to the society about submission standards, inspection timing, and evidence of compliance.

3. Coordinate surveying and cadastral conversion. To effect any future reservation under the Land Acts and to provide clarity over boundaries, Crown land authorities should commission or accept a modern survey that converts the Schedule into current cadastral terms and records.

4. If a reservation for show‑yards is intended, follow the Land Acts procedures. Section 3(c) contemplates reservation "pursuant to the Land Acts". The Crown should follow the Land Acts’ statutory process for reservation, including any public notification, consultation, or conditions that attach to show‑yard reservations.

5. Consider formalising any ongoing maintenance obligations or entering an agreement with the society. Because the Act imposes duties on the society but confers title on the Crown, Crown authorities should consider entering a memorandum of understanding or licence that clarifies liabilities, indemnities and cost responsibilities for maintenance work to avoid disputes.

6. Prepare for enforcement contingencies. The Act has no express penalties. Crown administrative offices should identify which powers under other statutes may be used to compel compliance if the society fails to fulfil its obligations, and make those pathways transparent to the society.

For researchers, solicitors and purchasers

1. Treat the Schedule as the operative description, but verify current title and cadastral identifiers. The Schedule must be reconciled with modern registries before any transaction or planning.

2. Check the Crown record of the revocation of the Orders in Council and evidence of re‑vesting. Confirm whether departmental files record the exhumations that the Preamble describes, and whether any subsequent administrative steps have been taken under the Land Acts.

3. Understand that no penalties are prescribed in the Act. Remedies for breaches may need to be sourced from other statutes or the general law.

4. Where private parties wish to use the land, ensure the Land Acts’ reservation process is followed and that any necessary permissions are obtained.

In all cases, the operative statutory obligations are narrow: no further interments (s 2), re‑vesting to the Crown and the capacity to reserve as show‑yards under the Land Acts (s 3), and the society’s obligation to surround, maintain and otherwise protect the remaining graves "to the satisfaction of the Minister" (s 4). Implementation will principally require accurate surveying, clear ministerial guidance, an administrative record of changes of status, and cooperation between the society and the Crown to ensure the protective duties are met and any future reservation is properly effected.