32BGosch's Paddock

32B Gosch's Paddock

(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 and the land shown cross-hatched on the plan in Part 14 of the Schedule, or those lands 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 a public park.

(a) the Order in Council dated 9 June 1873 published in the Government Gazette dated 13 June 1873 at page 1059 is revoked to the extent that it applies to the land in the plan of survey; and

(b) Crown grant Volume 600 Folio 902 is revoked to the extent that it applies to the land in the plan of survey; and

(c) subject to paragraph (g), subsection (4) and section 34, the land in the plan of survey to a depth of 10 metres from the surface is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(d) the Minister for Environment and Climate Change and the Melbourne City Council cease to be trustees of any land in the plan of survey; and

(e) the appointment of any committee of management is revoked to the extent that it relates to the land in the plan of survey; and

(f) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the land in the plan of survey; and

(g) the land in the plan of survey to a depth from the surface of 10 metres is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of a public park.

(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) An Order under this section must not be made before an Order is made under section 32A.

Pt 7 (Heading and s. 33) inserted by No. 56/1997
s. 10.