62VReservation Order

62V Reservation Order

(1) Subject to subsection (2), on the recommendation of the Minister administering the Crown Land (Reserves) Act 1978 under section 62U, the Governor in Council, by Reservation Order published in the Government Gazette—

(a) may revoke—

(i) any Order in Council permanently reserving Crown land in the Great Ocean Road coast and parks specified in that Reservation Order; or

(ii) any permanent reservation of Crown land in the Great Ocean Road coast and parks reserved under any Act; and

(b) in relation to the land described in the Reservation Order—

(i) must permanently reserve that land for a different public purpose; or

(ii) if a recommendation under section 62U(2) is made, must temporarily reserve that land for a different public purpose.

(2) A revocation of a reservation by a Reservation Order may be in respect of the whole of the permanent reservation of the land or to the extent specified in the Reservation Order.

(3) A Reservation Order may describe the land it reserves by reference to a plan of land signed by the Surveyor-General and lodged in the Central Plan Office.

(4) A Reservation Order must not be made in relation to land that has already been reserved for any of the following public purposes, however described—

(a) the protection of the beds or channels and the banks of waterways;

(b) the preservation of areas of ecological significance;

(c) the conservation of areas of natural interest or beauty or of scientific, historic or archaeological interest;

(d) carbon sequestration in vegetation and soil;

(e) the preservation of species of native plants;

(f) the propagation or management of wildlife or the preservation of wildlife habitat;

(g) the supply of sand, gravel, stone and other materials for the construction of public roads, buildings and other works;

(h) public parks, gardens and ornamental plantations;

(i) the protection of the coastline;

(j) zoological parks;

(k) a prescribed purpose.

(5) A Reservation Order must not be made in relation to—

(a) the reservation for public purposes of land on the foreshore of Bass Strait and Southern Ocean by Order in Council dated 11 August 1879, published in the Government Gazette dated 15 August 1879, page 2045; or

(b) the reservation for public purposes by Order in Council dated 23 May 1881, published in the Government Gazette dated 27 May 1881, page 1389.

S. 62W inserted by No. 42/2021 s. 17.