31DClosure of road and reservation of Army Barracks land

31D Closure of road and reservation of Army Barracks land

(1) The Minister administering the Crown Land (Reserves) Act 1978 on receiving a plan of survey signed by the Surveyor-General of the land shown hatched on the plan in Part 12 of the Schedule, or that land as nearly as practicable, may recommend to the Governor in Council that an Order be made under this section.

(2) On the recommendation of the Minister under subsection (1), the Governor in Council, by Order published in the Government Gazette, may reserve the land in the plan of survey to a depth of 10 metres from the surface for the purposes of sport, recreation and entertainment.

(a) the land in the plan of survey ceases to be subject to the declaration published in Special Gazette No. 200 dated 21 December 2000 to the extent that the declaration applies to that land; and

(b) any land in the plan of survey to a depth of 10 metres from the surface that is a road ceases to be—

(c) subject to subsection (4), all rights, easements and privileges existing or claimed in the land referred to in paragraph (b) either in the public or by any person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise, cease; and

(d) the land in the plan of survey to a depth from the surface of 10 metres is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of sport, recreation and entertainment.

(4) Nothing in this section affects the status or continuity of any easement created under section 339B of the Land Act 1958 and existing over the land in the plan of survey immediately before the publication in the Government Gazette of the Order under this section.

(5) This section applies despite anything to the contrary in section 61 of the Melbourne City Link Act 1995.

S. 32
inserted by No. 34/1995 s. 16.