Land (Further Miscellaneous Matters) Act 1990

This Act repeatedly uses a small set of legal concepts that determine the character and consequences of its measures.

• Revocation of permanent reservation: The Act revokes Orders in Council that previously established permanent reservations for specified purposes (s 3(1), s 4(1), s 10). Revocation is framed either "to the extent that it applies to" hatched plan areas or as a full revocation (s 4(1)).

• Unalienated land of the Crown and discharge from trusts/encumbrances: Multiple clauses deem specified parcels to be "unalienated land of the Crown" and explicitly free and discharge them from "all trusts, limitations, reservations, restrictions, encumbrances, estates and interests" (s 3(3)(c), s 11, s 14(4)(a) and (d)). This statutory deeming has the legal effect of removing earlier statutory or equitable constraints, subject to listed exceptions.

• Vesting and divestment of management/control: Where land was under municipal or committee management, the Act provides for divestment of that management and vests the land in the Crown (s 3(3)(a)-(b), s 3(4)). The Act directs cessation of existing appointments of Committees of Management over the hatched areas (s 3(4), s 12(1)).

• Preservation of existing private interests: The Act expressly preserves existing leases over North Bendigo land despite revocation of the reservation (s 4(3)). In the Dookie road provisions, the Head's statutory right to use the land under s 45 Transport Act continues until the land becomes a highway (s 14(4)(b)).

• Road construction and staged statutory process: For Dookie land, the Act authorises physical entry and use by the Head, Transport for Victoria, its agents and authorised persons to construct a road (s 13). It then prescribes a staged administrative sequence: completion notice by the Head in the Gazette, registration of transfer and surrender under the Transfer of Land Act, an agreement under s 45 of the Transport Act, then Ministerial recommendation to the Governor in Council and a Governor in Council Order to declare Crown land, close roads and permanently reserve other parcels (s 14(1)-(3)). The Order, once published, triggers statutory consequences that include revocation of Crown grants in part and extinguishing public rights where roads are closed (s 14(4)(a), (c)-(e)).

• Reliance on Government Gazette and registration as legal triggers: Several effects rely on publication in the Government Gazette (s 14(1), s 14(3)-(4)), and on registration events under the Transfer of Land Act (s 14(2)(a), s 20). The Act therefore ties substantive legal changes to administrative acts rather than to factual events alone.

• No general entitlement to compensation: The Crown is generally not liable for compensation for anything done under or arising out of the Act, with two explicit exceptions (agreements under s 45 of the Transport Act in relation to the Dookie land, or as provided in Part 4 - the latter of which was not proclaimed) (s 19).

• Delegated and executive decision points: Decisions and triggers involve ministers, the Governor in Council, the Head, Transport for Victoria, registrars and local authorities. The Minister may recommend Orders in Council (s 14(2)-(3)); the Governor in Council makes Orders (s 14(3)); the Head must publish completion notices and may enter to construct roads (s 13-14).

These concepts structure who can act, what must occur before legal effects follow, whether private interests survive, and whether compensation is available. The Act is constructed to move land from reserved status into different Crown categories and to enable road construction and conservation reservation through an administrative sequence.

The Act affects a narrow set of public and private actors connected to the parcels listed in the Schedules and to land administration more broadly.

• The Crown: The Crown is the recipient of vestings and the entity whose legal rights change over the parcels. The Act vests land in the Crown (s 3(3)(b)), deems land to be unalienated Crown land (s 11, s 14(4)(a), (d)), and limits Crown liability for compensation (s 19). The Crown is also the decision‑maker via the Governor in Council on Orders under s 14.

• Head, Transport for Victoria: The Head, Transport for Victoria, its agents and authorised persons are authorised to enter and use specified Dookie land for road construction (s 13). The Head has duties to publish completion notices (s 14(1)) and to enter relevant agreements under s 45 of the Transport Act as a precondition to Ministerial recommendation (s 14(2)(b)).

• Minister and Governor in Council: The Minister may recommend Orders to the Governor in Council after prescribed preconditions (s 14(2)-(3)). The Governor in Council may make Orders closing roads, declaring land unalienated Crown land, and permanently reserving land under the Crown Land (Reserves) Act 1978 (s 14(3)).

• Local government and Committees of Management: The Borough of Sebastopol is divested of management and control over the hatched Sebastopol land; appointments as Committee of Management are revoked in part (s 3(3)(a), s 3(4)). Similarly, existing Committee of Management appointments under the Crown Land (Reserves) Act 1978 for the Lilydale land are revoked to the extent they apply to the hatched area (s 12(1)). These revocations change who manages the land.

• Public Transport Corporation: For North Bendigo land, although the Order in Council is revoked (s 4(1)), the land remains vested in the Public Transport Corporation (s 4(2)), so the PTC retains a continuing statutory interest.

• Holders of Crown grants, titleholders and lessees: The Act expressly contemplates revocation of Crown grants (s 14(4)(a)) to the extent they apply to specified land when an Order is published; the Registrar of Titles must amend title records (s 20(1)-(2)). Existing leases continue despite the revocation of reservation for North Bendigo (s 4(3)). Holders of certificates of title, duplicate Crown grants, or other instruments will be affected because the Registrar must change those instruments to reflect the Act.

• Persons with public or private rights and easements: When roads are closed under an Order made under s 14(3), the land ceases to be a road and "all rights, easements and privileges existing or claimed" in the land determine (s 14(4)(c)). Those whose rights depend on public road status or on easements over the roads will therefore have interests extinguished on publication.

• Communities and users of parks and picnic grounds: The revocation of reservations at Albert Park, Lilydale and Sebastopol alters the statutory regime for public parks and picnic grounds; while the Act does not itself specify subsequent private land uses for most parcels, the change in reservation status removes the statutory basis for the former public purpose (see s 1(c)-(d), s 3(3)(c)).

• Land administration officers: The Registrar of Titles and the Registrar‑General are obliged to make necessary amendments to the Register Book, titles and enrolment records (s 20(1)-(2)). Their work operationalises the Act's legal changes.

• Conservation interests: Part of the Dookie land is to be permanently reserved as a site for the conservation of an area of natural interest (s 14(3)(c) and Schedule 5 item 4), creating a new statutory conservation reservation subject to the Crown Land (Reserves) Act 1978.

The Act therefore concentrates decision authority and administration in Crown instruments (Minister, Governor in Council, Head) while producing direct legal effects on municipal managers, public corporations, private titleholders, lessees and persons holding rights or easements in the parcels.

This Act allocates discrete duties to executive officers and statutory rights or continuations to certain private interests, expressed in procedural terms.

Duties (who must do what)

• Head, Transport for Victoria: The Head must publish a notice in the Government Gazette "as soon as possible after completing road works" on the Dookie land (s 14(1)). The Head can enter and use specified Dookie land "so far as is necessary for or in connection with the construction of a road" (s 13). The Head must also, where necessary under s 14(2), enter into an agreement under s 45 of the Transport Act 1983 as a precondition to the Minister making a recommendation (s 14(2)(b)).

• Minister: The Minister may recommend to the Governor in Council that an Order be made under s 14(3) after the conditions in s 14(2) are satisfied (s 14(2), s 14(3)). The statute does not mandate the Minister to recommend; it provides a power to recommend once preconditions are met.

• Governor in Council: On the Minister's recommendation, the Governor in Council may make an Order, by publication in the Gazette, that declares certain Dookie land unalienated Crown land, closes specified roads, and permanently reserves other land for conservation under the Crown Land (Reserves) Act 1978 (s 14(3)(a)-(c)).

• Registrar of Titles and Registrar‑General: The Registrar of Titles must make necessary amendments to the Register Book and any titles or instruments necessary because of the operation of the Act (s 20(1)). The Registrar‑General must make necessary entries upon records of enrolment and memorials relating to any Crown grant affected by the Act (s 20(2)).

Rights and preserved interests

• Continuation of leases: Subsection 4(3) expressly preserves the continuance of any leases existing over any part of the North Bendigo land despite revocation of the reservation (s 4(3)).

• Continuation of the Head's use right: If an Order under s 14(3) is published, s 14(4)(b) expressly preserves "any right which the Head, Transport for Victoria has to use the land specified in item 1 of Schedule 5 under section 45 of the Transport Act 1983" until the land becomes a highway. That is, the Head's contractual or statutory use right survives the transition stage until the highway status is established.

• Vesting: In the Sebastopol land provision, the hatched land "vests in the Crown" and is "deemed to be unalienated land of the Crown" freed from prior encumbrances (s 3(3)(b)-(c)). That creates a Crown legal ownership status going forward.

• Preservation of existing public corporation vesting: For North Bendigo, despite the revocation of reservation, the land "remains vested in the Public Transport Corporation" (s 4(2)). The Act therefore explicitly protects that corporate vesting.

Constraints and extinguishments

• Discharge from trusts and encumbrances: Several provisions free land from all prior trusts and restrictions (s 3(3)(c), s 11, s 14(4)(a) and (d)), effectively clearing the statutory slate for the Crown with respect to those parcels.

• Extinguishment of public rights on road closure: When the Governor in Council closes roads under s 14(3) and publishes the Order, the land "ceases to be a road, and all rights, easements and privileges existing or claimed" determine (s 14(4)(c)). That extinguishes public rights and recorded or unrecorded easements over the closed portions.

Compensation and financial obligations

• No general compensation payable by Crown: The Crown is not liable to pay compensation for anything done under or arising out of the Act, except (i) where an agreement under s 45 of the Transport Act 1983 provides for compensation in respect of the Dookie land, or (ii) as provided in Part 4 (which was never proclaimed) (s 19). This places the fiscal risk largely on affected private parties unless a statutory or contractual exception applies.

Regulatory cessation

• Repeal or cessation of regulations and appointments: The Act revokes specific Orders in Council and provides that particular regulations (e.g. those made in 1931 or 1982) cease to apply to the hatched lands (s 3(5), s 12(2)). Committees of Management appointments are revoked to the extent they apply to the hatched parcels (s 3(4), s 12(1)).

These duties and rights are procedural and title‑altering rather than creating new private rights in third parties. The Act prescribes who performs administrative acts, what legal status arises on specific administrative triggers, and which private rights are preserved or extinguished.

The Act contains no express criminal offences, monetary penalties or regulatory sanctioning provisions. Its enforcement and effectuation are administrative and statutory rather than penal. The mechanisms by which compliance and legal effect are enforced are therefore documentary, procedural and institutional:

• Effect through statutory instruments and publication: Key legal effects require or follow publication in the Government Gazette (s 14(1), s 14(3)-(4)). Publication acts as the statutory trigger that implements changes such as declaring land unalienated Crown land, closing roads and reserving land. Compliance with the procedural steps (e.g. publishing the notice of completion by the Head, lodging transfers and surrenders under the Transfer of Land Act) are preconditions to the Minister recommending, and to the Governor in Council making, Orders (s 14(1)-(3)). Failure to complete these steps will prevent the Governor in Council from lawfully making the specified Orders.

• Effect through title and enrolment amendments: The Registrar of Titles and the Registrar‑General are required to amend registers, certificates and enrolments (s 20). Those amendments are the operational enforcement of the Act in land law: until the Registrar makes the entries, title and public records will not reflect the changed legal state. The Registrar’s compliance thereby gives effect in conveyancing and public notice.

• Extinguishment of rights on statutory event: The Act extinguishes rights, easements and privileges on publication of an Order closing a road (s 14(4)(c)). The statutory event is self‑executing as to the extinguishment; enforcement consists of not recognising or recording such prior rights post-publication in land dealings.

• Continuity protected by saving provisions: The Act preserves the continuance of existing leases (s 4(3)) and the Head's use rights (s 14(4)(b)) until road status changes. Enforcement against contrary administrative acts relies on these saving provisions being observed in subsequent actions and by registrars.

• Compensation limitations: The Crown’s statutory exclusion of compensation liability (s 19) is an enforcement‑adjacent fiscal rule: it constrains subsequent claims for compensation arising from the Act unless the claimant has a contractual or statutory exception (agreement under s 45 of the Transport Act or Part 4).

• Repeals and statutory corrections: Section 17 repeals the Bendigo Aerodrome Act 1973, and s 15 repeals Part 4. Repeals remove statutory obligations or powers formerly operating, and the Registrar obligations (s 20) ensure public records are corrected to reflect repeal consequences.

Because the Act does not establish an offences regime, enforcement occurs through adherence to the procedural chain, through record‑keeping by registrars, and through administrative remedies and statutory saving clauses. A person affected must therefore rely on land administration processes, contractual protections (for compensation), or external legal remedies (not created by this Act) to challenge administrative decisions.

This Act is expressly cross‑referential and operates in tandem with several principal statutes governing Crown land, transport and land title. The Act frequently uses "despite" formulations to override or displace operation of those other laws as to the specified parcels.

Principal statutory interactions:

• Crown Land (Reserves) Act 1978: The Act revokes Orders in Council made under that Act and in multiple places makes new reservations and discharges existing committee appointments under that Act (see s 3(2), s 3(4), s 12(1), s 14(3)(c)). The permanent reservation and re‑reservation of parcels is done under the Crown Land (Reserves) Act 1978, with the Governor in Council empowered to permanently reserve land under that Act (s 14(3)(c)).

• Transport Act 1983: The Dookie provisions require the Head, Transport for Victoria, to enter into an agreement under s 45 of the Transport Act 1983 as one of the preconditions for the Minister to recommend an Order (s 14(2)(b)). Subsection 14(4)(b) preserves the Head's statutory right to use the land under s 45 until the land is made a highway under the Transport Act 1983. Section 19 makes express reference to compensation as provided in any agreement made under s 45 Transport Act 1983.

• Transport Integration Act 2010: The Act defines the "Head, Transport for Victoria" by reference to the Transport Integration Act 2010 (see the text at s 13 and the marginal note). That cross‑reference ties the identity and powers of the actor authorised to enter and construct roadworks to the modern institutional framework for transport.

• Transfer of Land Act 1958: The process in s 14(2)(a) requires the registration of a transfer and surrender to the Crown of particular parcels under the Transfer of Land Act 1958 before the Minister may recommend an Order. The Registrar of Titles' duty in s 20 to amend the Register Book, titles and instruments aligns with statutory land registration mechanisms under the Transfer of Land Act.

• Land Conservation Act 1972: Section 11 expressly operates "despite anything in any notice published under section 10 of the Land Conservation Act 1972" , the Act therefore overrides any prior notices under that Act in respect of the identified Lilydale land, by deeming the hatched land unalienated Crown land (s 11).

• Dookie Agricultural College Land Act 1972 and Bendigo Aerodrome Act 1973: The Act disapplies or repeals interactions with prior enactments: it references the Dookie Agricultural College Land Act 1972 in s 13 (clarifying "despite anything in" that Act) and s 17 repeals the Bendigo Aerodrome Act 1973 entirely.

• Other statutes and prior Orders in Council: The Act exercises a "despite any Act or law to the contrary" power in s 4(4) to discharge trusts, limitations and reservations relating to the North Bendigo reservation. The Schedules and the body of the Act also revoke specific historical Orders in Council in respect of Albert Park, Sebastopol and Lilydale.

Hierarchy and operational priorities:

• The Act asserts its primacy for the specified parcels by using express "despite" language and statutory deeming to free land from earlier constraints (s 3(3)(c), s 4(4), s 11, s 14(4)(a), (d)). For affected parcels, the Act displaces the operational effect of prior statutory reservations, regulatory regimes and committee appointments.

• The Dookie process overlays several statutes: it draws on the Transfer of Land Act for registration steps, the Transport Act for agreements and highway creation, and the Crown Land (Reserves) Act for permanent reservation of conservation land. The Act requires actors to satisfy steps in those regimes before Orders become lawful.

• Title administration and public record correction: s 20 directly instructs the Registrar of Titles and the Registrar‑General to make entries necessary because of the Act. That integrates the statute into the Transfer of Land Act’s administrative machinery: the Registry updates will tell market participants the land's new status.

Potential points of friction and sequence sensitivity:

• The Act conditions Governor in Council action on registration/surrender and agreement steps under other Acts (s 14(2)). If those external steps are delayed or contested, the Governor in Council's power under s 14(3) cannot be exercised lawfully until they are satisfied.

• The Act limits compensation through s 19 but preserves contractual remedies under agreements made under s 45 of the Transport Act. Parties negotiating such agreements must therefore secure compensation terms if they require protection, because the Act otherwise displaces compensation exposure.

• The Act’s deeming to unalienated Crown land may conflict with lingering private documentation (certificates of title, memorials) unless the registrars effect the amendments required by s 20. That creates an operational dependence on registrars to harmonise the statutory changes with title records.

Overall, the Act is designed to operate horizontally with the Crown Land (Reserves) Act, the Transport Acts and the Transfer of Land Act, using those statutes’ mechanisms for reservations, agreements and title operations while creating specific statutory overrides and administrative sequences for the parcels listed.

The Act as presented incorporates amendments up to 1 January 2020 and has an amendment history recorded in the endnotes and Table of Amendments within the provided text.

Key amendments and timeline:

• Original enactment and assent: The Land (Further Miscellaneous Matters) Act 1990 (No. 6/1990) received Royal Assent on 3 April 1990. Under s 2(1), most of the Act came into operation on that date, with certain parts to be proclaimed (see s 2 and the Endnotes).

• Melbourne University (VCAH) Act 1992 (No. 52/1992): Section 11(13) of that amending Act substituted s 14(3)(a) and made related changes to s 14(4)(a). The Table of Amendments records that s 11(13) commenced on 1 July 1992 and is reflected in the explanatory notes (Endnotes 2 and 4). The explanatory details show that the definition of "appointed day" in the Melbourne University (VCAH) Act had impacts on s 14(3)(a) and related matters.

• Commencement peculiarities and Part 4: Part 4 (sections 5-9) was never proclaimed. Section 15 of the Act later repealed Part 4. Section 15 itself came into operation on 30 September 1992 by proclamation (Endnotes). Sections 16 and 18 were never proclaimed and were later repealed by the Statute Law Revision Act 1995 (see next item).

• Statute Law Revision Act 1995 (No. 11/1995): This Act repealed sections 16 and 18 of the Land (Further Miscellaneous Matters) Act 1990 (Endnotes indicate s 16 and s 18 were repealed by No. 11/1995 s 3(2)(Sch. 2)). The Statute Law Revision Act’s commencement date for its operation was 26 April 1995.

• Transport Legislation Amendment Act 2019 (No. 49/2019): This amending Act made textual amendments to ss 13 and 14 of the 1990 Act (Table of Amendments records s 186(Sch. 4 item 24) amending those provisions). The amendments by the Transport Legislation Amendment Act 2019 came into operation on 1 January 2020 (special Gazette notice 10 December 2019), and the Version printed is current as at 1 January 2020.

• Operational commencement notes: The Endnotes record that all of the Act (except sections 5-9, 15, 16, 18) commenced on 3 April 1990 (s 2(1)); s 15 commenced on 30 September 1992 (Government Gazette 30 September 1992 p. 2866). Part 4 was never proclaimed and was repealed by section 15. Sections 16 and 18 were never proclaimed and were repealed by the Statute Law Revision Act 1995.

Other amendment annotations in the text:

• The text of s 13 and s 14 shows inline amendment notes: "S. 13 amended by No. 49/2019 s. 186(Sch. 4 item 24.1)" and "S. 14(1) amended by No. 49/2019 s. 186(Sch. 4 item 24.2)", etc. These in-text notes indicate the specific amendments made by the Transport Legislation Amendment Act 2019.

• Several footnotes and explanatory details connect amendments made in 1992 to the operation of s 14 and to appointed days: the Explanatory details at the end of the text explain how s 14(3)(a) and s 14(4)(a) were affected by the Melbourne University (VCAH) Act 1992.

Where to look in the Act for amendment markers:

• Inline marginal notes and bracketed amendment references appear next to s 13 and s 14 in the text provided. The Table of Amendments in the Endnotes lists the amending Acts, their assent and commencement dates, and the items of the Act they amended.

Implication of amendment history for practice:

• The Dookie provisions (ss 13-14) have been the subject of later transport‑focused amendment to align them with modern transport administrative structures and to clarify procedural mechanics. The 2019 Transport Legislation Amendment Act is the latest recorded substantial amendment and updated textual references to the Head, Transport for Victoria and to the procedural steps.

• The repeal of Part 4 and the non‑proclamation of sections 16 and 18 indicate that some original provisions were conditional on other events (for example, related to Albert Park and Melbourne's 1996 Olympic bid per s 2(3)) and did not enter operation; subsequent statute law revision removed the dormant or obsolete provisions.

This list is derived from the Table of Amendments and Endnotes included in the provided version of the Act as at 1 January 2020 and is therefore a record limited to what the Act itself and its endnotes report.

The Act and its endnotes, as provided, do not name any court decisions or record judicial determinations applying or interpreting this statute. The Endnotes include parliamentary materials such as the Minister's second reading speech dates (Legislative Assembly: 26 October 1989; Legislative Council: 13 March 1990) and administrative commencement details, but they do not cite case law or judicial review decisions. The statute itself contains no references to particular litigation, and the Table of Amendments lists only amending Acts.

Consequently, within the text provided there is no litigation history to analyse or cite. Practitioners seeking judicial interpretation, challenges to the administrative steps (for example, validity of a Governor in Council Order under s 14(3), disputes about extinguishment of easements under s 14(4)(c), or claims under s 19 regarding compensation excepted by s 45 agreements) should consult court databases and reported decisions external to the statute for case law applying these provisions. The statute’s internal materials do not supply such decisions.

For present purposes, therefore, the Act’s operation must be assessed from its text and amendment history alone. Any judicial gloss, review decisions, or interpretative rulings will need to be sourced from external legal research resources and are not contained in the Act as printed.

This Act contains several features and procedural dependencies that frequently produce practical uncertainty if overlooked.

• Legal effects depend on precise administrative triggers: Many of the Act’s substantive results depend on discrete administrative acts,publication in the Government Gazette, registration and surrender under the Transfer of Land Act, and entering agreements under the Transport Act. For example, under s 14 the Minister cannot validly recommend an Order until the Head has published a completion notice (s 14(1)), a transfer and surrender has been registered (s 14(2)(a)), and an agreement under s 45 of the Transport Act is in place (s 14(2)(b)). Failure to satisfy any one of those steps will undermine the legality of any purported Governor in Council Order.

• Deeming clauses free land from existing limitations but may not extinguish all private expectations: Clauses that "deem" land to be unalienated Crown land and "freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests" (for example s 3(3)(c), s 11) create a powerful statutory blank‑slate. However, practitioners should note that s 4(3) expressly preserves existing leases, and s 14(4)(b) preserves the Head's s 45 rights until highway status. Thus the Act selectively displaces rights; do not assume every private interest is extinguished.

• Road closure extinguishes claimed rights: On publication of an Order under s 14(3), the land over which roads ran "ceases to be a road, and all rights, easements and privileges existing or claimed (either in the public, by any person, by dedication, supposed dedication, past user, operation of law or otherwise) in the land determine" (s 14(4)(c)). That wording is broad: public rights, unregistered easements and rights by prescription/past user are extinguished upon the statutory event. Practitioners must pay attention to the Order’s Gazette date, because extinguishment operates from publication.

• No general compensation: Section 19 sharply constrains compensation claims by declaring the Crown is not liable for compensation for anything done under or arising out of the Act, except where an agreement under s 45 of the Transport Act provides otherwise or as provided in Part 4 (which was not proclaimed). Do not assume compensation unless there is an express agreement or an applicable saving provision.

• Registrars’ amendments are operationally necessary: The public record will not reflect the Act’s legal changes until registrars implement s 20 entries. Transactions conducted between the statutory event and registry amendment may involve practical risk until records are updated. The Act requires registrars to make amendments; in practice, timing and completeness of registrar action matter.

• Plan references and maps are in Schedules but not reproduced here: The Schedules refer to hatched plans (Schedules 2, 3 and 4) and to Central Plan Office references for Dookie parcels. In the printed extract the plan images were not included. Practitioners must confirm the exact plan boundaries and parcel identifications in official plan offices or Government Gazette notices to avoid errors about which land is affected.

• Part 4 and conditional commencement footwork: Part 4 was never proclaimed and was later repealed by s 15. Section 2(3) had a conditional commencement linked to an unsuccessful Melbourne Olympic bid and a ministerial declaration. The unusual conditional commencement language (and the eventual non‑proclamation and repeal) is a reminder to check proclamation history and the Endnotes when dealing with statutory timing.

• Mixed survival of vestings: In North Bendigo the Order in Council is revoked but the land "remains vested in the Public Transport Corporation" (s 4(2)), and leases continue (s 4(3)). Thus revocation of reservation does not necessarily transfer title away from an entity; carefully read saving clauses.

• Interaction with other Acts requires careful sequencing: Because s 14 interacts with the Transfer of Land Act 1958 and the Transport Act 1983, mis-sequencing such as attempting to make or act on an Order before required registrations or agreements are made will raise legal risk.

• Repeals and legacy statutes: The Act repeals the Bendigo Aerodrome Act 1973 (s 17) and modifies or revokes earlier Orders in Council. When researching historical rights or obligations, locate those prior instruments because the Act’s deeming may not reflect every factual or equitable nuance of past arrangements.

These are concrete operational traps that flow directly from the text. Practitioners should align administrative actions, registry updates, Gazettal timing and agreements precisely to avoid creating or accepting legal status prematurely.

Below are practical, source‑grounded steps for the principal actors affected by the Act. Each entry sets out the immediate statutory obligations and the likely sequence required to ensure legal compliance under the Act’s mechanisms.

For the Head, Transport for Victoria (road construction and post‑works steps)

• Before entry and works: Confirm authority to enter and use the land specified in item 1 of Schedule 5 under s 13. The Act permits entry "so far as is necessary for or in connection with the construction of a road" (s 13). Ensure authorised persons are identified and appointed consistent with the Transport Integration Act 2010 reference for the Head.

• During works: Keep contemporaneous records of works, dates of completion and any temporary disruptions to public rights.

• After works: Publish in the Government Gazette a notice of completion "as soon as possible after completing road works" on the land specified in item 1 of Schedule 5 (s 14(1)). The Gazette publication is a statutory precondition for the Minister to be able to recommend the Governor in Council make the Orders under s 14(3).

• Agreements and registration: Before the Minister may recommend an Order, ensure (a) the transfer and surrender to the Crown of the specified parcels (12, 13, 14 on plan LEGL/89‑2) has been registered under the Transfer of Land Act 1958 (s 14(2)(a)), and (b) an agreement under s 45 of the Transport Act 1983 in relation to the land has been executed (s 14(2)(b)). Work with legal counsel to prepare and register transfer/surrender documents and to finalise s 45 agreements that address compensation or access rights as needed.

For the Minister and the Governor in Council (decision points and Orders)

• Verify preconditions: Before exercising the power in s 14(3) the Minister must be satisfied that the Head has published the completion notice, the transfers/surrenders have been registered, and the s 45 agreement is in place (s 14(2)). Record and retain proofs of these steps as the recommendation will be subject to legal scrutiny.

• Prepare Orders: If recommending Orders, follow the format and content requirements for Orders in Council and ensure they are published in the Government Gazette as required by s 14(3). The Governor in Council’s Order must specify declarations under s 14(3)(a)-(c) to effect the changes.

For the Registrar of Titles and Registrar‑General (records and entries)

• Make required amendments promptly: Under s 20(1)-(2) you must make any amendments to the Register Book and to Crown grants, certificates, enrolments and memorials necessary as a consequence of the Act. Prioritise updating public records after the Governor in Council’s Order is published or after other Gazette events specified by the Act.

• Coordinate with transport and Crown agencies: Obtain certified copies of Gazette notices, registered transfers and surrenders, and Orders in Council to make correct entries and to ensure alignment with the Transfer of Land Act 1958.

For local councils, Committees of Management and affected titleholders

• Monitor Gazette and registry status: Watch for Gazette notices and registry amendments relating to the hatched parcels in Schedules. Until registrars have updated titles, administrative records may lag statutory changes.

• For Committees of Management: Note that appointments are revoked "to the extent" they apply to the hatched parcels (s 3(4), s 12(1)). Plan for divestment of management responsibilities, secure or transfer assets or equipment located on the affected portions, and keep records proving the scope of the Committee’s former powers in case any claim arises.

• For lessees and holders of easements: Under s 4(3) existing leases over North Bendigo land continue, but easements and public rights over roads closed under s 14(4)(c) are extinguished on publication. If continuity of access or rights is commercially important, negotiate contractual protections or register interests where possible before the Order is published.

For parties negotiating compensation

• Use s 45 Transport Act agreements to secure compensation: The Crown’s general exclusion of compensation (s 19) makes it important to ensure that any compensation or access compensation is spelled out in a s 45 agreement under the Transport Act if the Dookie lands are concerned. The agreement will be the statutory exception to s 19 and should therefore be carefully drafted to capture all intended protections.

Checklist summary

• Confirm exact parcels (consult Schedules and Central Plan Office references); obtain plan maps because the printed Schedules may lack plan images.

• For Dookie works: complete works, publish a Gazette notice (s 14(1)), register transfers/surrenders under the Transfer of Land Act (s 14(2)(a)) and execute s 45 Transport Act agreements (s 14(2)(b)) before Ministerial recommendation and Governor in Council Order (s 14(3)).

• For title changes: obtain copies of Gazette notices and Orders, liaise with the Registrar/Registrar‑General to ensure amendments are lodged under s 20.

• For rights preservation: check s 4(3) and s 14(4)(b) for saved interests; where rights are not saved, seek contractual protection, registration of easements or compensation agreements prior to extinguishment events.

• For public authorities: if you are a local council or Committee of Management, remove management functions and inform stakeholders; preserve evidence of inventories and assets.

• For developers, conservation bodies and land users: note that the statutory freed land status (deemed unalienated Crown land) may open or close pathways for development or reservation; coordinate with the Crown Land (Reserves) Act processes if a permanent reservation is sought (s 14(3)(c)).

Actions to avoid without compliance

• Do not rely on informal oral assurances of Gazette publication; the Act requires formal publication and registration steps.

• Do not assume that revocation of reservation automatically transfers title to private parties; many changes vest or leave land with the Crown subject to specified exceptions.

Following the statutory sequence set out in the Act and documenting each Gazette, registration and agreement step is the operational core of compliance.