67Surrender or divesting of land

67 Surrender or divesting of land

(1) The Governor in Council, by Order published in the Government Gazette may—

S. 67(1)(a) amended by No. 10/2017 s. 33(11).

(a) require land in the docklands area that is vested in Development Victoria to be surrendered to the Crown;

S. 67(1)(b) amended by No. 10/2017 s. 33(11).

(b) divest land in the docklands area from Development Victoria.

S. 67(2) amended by No. 10/2017 s. 33(12).

(2) Development Victoria must comply with a requirement under subsection (1)(a).

(3) On—

S. 67(3)(a) amended by No. 10/2017 s. 33(11).

(a) the conveyance to the Crown or the registration of an instrument of transfer and surrender to the Crown of land that Development Victoria 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 Crown land and is freed and discharged from all limitations.

(4) On the occurrence of an event described in subsection (3)—

(a) the land concerned is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes; and

(b) if the Order under subsection (1) so provides, the Melbourne City Council is deemed to be the committee of management under the Crown Land (Reserves) Act 1978 of that land.

(5) A power may only be exercised under subsection (1) on the joint recommendation of the Minister and the Crown Land Minister.

(6) A joint recommendation may only be made under subsection (5) if the Ministers are satisfied that the land is required for public purposes.

S. 66(7) amended by No. 10/2017 s. 33(11).

(7) If requested by the Secretary to the Department of Sustainability and Environment, Development Victoria must provide information to the Secretary on any surrender of land by, or divestment of land from, Development Victoria under this section.

(8) This section is subject to sections 68, 69 and 70.

(9) Nothing in this section prevents the re-reservation under this section of land which had previously been reserved under this section.

S. 68 inserted by No. 74/2006 s. 22.