Development Victoria Act 2003
39Surrender or divesting of land of other bodies
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39 Surrender or divesting of land of other bodies
(1) The Governor in Council, by Order published in the Government Gazette, may—
(a) require a public statutory body in which land in the project area is vested to surrender part or all of the land to the Crown; or
(b) divest land in the project area from a public statutory body—
for the purposes of a declared project.
(2) A public statutory body must comply with a requirement under subsection (1)(a).
(3) On—
(a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that a public statutory body is required to surrender under subsection (1)(a); or
(b) the publication in the Government Gazette of an Order under subsection (1)(b)—
the land concerned is deemed to be unalienated land of the Crown and, subject to subsection (4), is freed and discharged from all limitations.
(4) The divesting or surrender of land under this section does not affect any reservation of the land under the Crown Land (Reserves) Act 1978.
(5) A power may only be exercised under subsection (1) on the joint recommendation of the Minister and the Minister administering the Act under which the public statutory body is created.
S. 40 (Heading) amended by No. 10/2017 s. 22(2).