Parks and Crown Land Legislation Amendment Act 2013

The Act operates through a small set of legal concepts and mechanisms drawn principally from the Crown Land (Reserves) Act 1978 framework and the land‑registration regime under the Transfer of Land Act 1958. Those concepts are:

• Revocation of a reservation or Crown grant. The Act directly revokes Orders in Council that previously reserved Crown land and, in two instances, expressly revokes a Crown grant (s 5 revoking Crown grant Volume 10090 Folio 329; s 11 revoking Crown grant Volume 2283 Folio 520). Revocation is the statutory mechanism by which the legal character attaching to Crown land (a reservation or an executed Crown grant) is removed.

• Unalienated Crown land freed and discharged. When a revocation takes effect, the Act repeatedly declares that the land "is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests" (see s 3(4)(b); s 4(2)(a); s 5(2)(a); s 7(2)(a); s 8(2); s 9(2); s 11(3)). This phrasing converts previously encumbered reserved land into a legal state of unalienated Crown land, subject only to the express transitional arrangements the Act itself creates.

• Temporary reservation for public purposes. Several revocations are coupled with immediate designation as temporarily reserved public land under s 4(1) of the Crown Land (Reserves) Act 1978 (see s 3(5)(a) for Ballarat; s 4(3)(a) and s 5(3)(a) for the Bendigo sites; s 7(3)(a) for part of Werribee). The Act uses "temporarily reserved" as a transitional status to determine which committee of management will be appointed and which statutory powers will apply in the period following revocation.

• Committee of management changes. The Act either revokes existing committees of management (e.g. s 3(4)(c), s 4(2)(b)) or appoints specific bodies as committee of management for the temporarily reserved land (e.g. s 3(5)(b) Ballarat City Council; s 4(3)(b) Bendigo Health Care Group; s 7(4) Primary Industries Committee of Management Incorporated). The Crown Land (Reserves) Act 1978 provides for committees of management (for example, s 14 is referenced), and this Act manipulates those appointments for the parcels it affects.

• Preservation of statutory and contractual interests. The Act expressly preserves specific licences, leases and other arrangements that exist immediately before the revocation (s 3(6), s 6(1), s 7(5), s 9(3)). This concept maintains continuity for named third parties even though the legal status of the land is changing.

• Statutory interaction and title updating. The Registrar of Titles is required to update the Transfer of Land register where necessary because of Part 2 (s 13). The Act therefore integrates the revocation process with the Torrens title system by making the Registrar's amendment duty explicit.

• Plan of survey and Governor in Council approval. For the Ballarat West revocation (s 3) the Act embeds a technical precondition: a plan of survey signed by the Surveyor‑General and the Minister’s satisfaction that the plan relates only to the specified land. The Governor in Council acts on the Minister’s recommendation to make the Order (s 3(1)-(2)). The requirement for Gazette publication is also mandatory (s 3(3)).

• Schedule as operative descriptive instrument. The Schedule provides granular legal descriptions (parish/allotment, area, instrument/date, purpose and extent) that the operative sections adopt by reference. For instance, Item 1 identifies Ballarat West as Crown Allotment 5B, Section 1, Parish of Dowling Forest, 131.3204 hectares, reserved as an aerodrome (Schedule, Item 1).

These concepts combine to effect site‑by‑site repurposing and administrative re‑allocation of Crown land, while preserving named pre‑existing interests and creating or recognising temporary reservations and committee appointments for transitional management.

The Act identifies and affects multiple categories of parties, both public and private, through express naming and implied statutory roles.

Public authorities and decision makers

• The Minister administering the Crown Land (Reserves) Act 1978 plays a proactive role where a plan of survey and satisfaction are prerequisites for recommendation to the Governor in Council (s 3(1)). The Minister therefore is the gatekeeper for the Ballarat West revocation mechanism. The Governor in Council is the formal decision‑maker for Orders under s 3(2) and the recipient of the Minister’s recommendation (s 3(2)). The Registrar of Titles must make necessary recordings and amendments in the Transfer of Land Register (s 13).

• Local government and statutory committees are directly affected. Ballarat City Council is taken to be the committee of management for the Ballarat West parcel when the revocation under s 3 occurs and the temporary reservation takes effect (s 3(5)(b)). The Primary Industries Committee of Management Incorporated is taken to be the committee of management for the temporarily reserved part of the Werribee State Research Farm (s 7(4)). Bendigo Health Care Group is taken to be the committee of management for the Bendigo Hospital sites (s 4(3)(b); s 5(3)(b)).

Named public service entities and agencies

• Bendigo Health Care Group is explicitly specified (s 4(3)(b), s 5(3)(b) and defined in s 6(2)). Other public or quasi‑public parties affected include the Secretary to the Department of Agriculture, Energy and Minerals (mentioned in s 7(5)(e) as party to a lease), Primary Industries Committee of Management Incorporated (s 7(4)-(5)), and the Minister for Planning (as a party to a lease mentioned in s 7(5)(g)).

Private lessees, licensees and commercial parties

• The Act preserves a set of specific licences and leases in force immediately before the revocations. For Ballarat West, VicRoads holds a licence to occupy part of the land under s 3(6)(a); for Bendigo, several construction licences and commercial licences between Bendigo Health Care Group and named entities (Exemplar Health entities, Peter MacCallum Cancer Institute, Clinical Laboratories trading as Healthscope Pathology) are preserved under s 6(1)(a)-(d). For Werribee, multiple long‑term leases and licences in favour of the University of Melbourne, St Vincent’s Hospital (Melbourne) Ltd, Monash University, Incitec Pivot Ltd, CSIRO and commercial entities such as City West Water Ltd and Eureka! AgResearch (Vic) Pty Ltd are listed and preserved (s 7(5)(a)-(j)). At Yarrawalla, the existing licence under s 130 of the Land Act 1958 held by Roy and Dorothy Hazel Hampson is not affected by the revocation (s 9(3)).

Conveyancers, land registrars and title holders

• The Registrar of Titles is directly bound by s 13 to amend the Transfer of Land Register. Any party with an interest relying on Torrens title records (prospective purchasers, mortgagees, holders of registered encumbrances) will be affected by the change of status and any consequent recordings.

Statutory beneficiaries and users

• Where the Act declares temporary reservation for specific public purposes (for example hospitals, health care services; Schedule Items and ss 4(3), 5(3)), users and beneficiaries of those services and the statutory entities administering those services will be affected by the committee appointments and management arrangements.

Other public responsibilities

• The Act repeatedly references the Crown Land (Reserves) Act 1978 (for example s 3(5)(a), s 3(4)(d)) and the Health Services Act 1988 (s 4(3) and s 5(3) identify the Bendigo Health Care Group as the public health service listed in Schedule 5 to that Act), indicating that bodies with responsibilities under those statutes will be drawn into the post‑revocation management framework.

In summary, the Act affects: Ministers and the Governor in Council as decision makers; local councils and named committees of management as managers; named public health and research institutions as managers or preserved lessees/licence holders; specific private lessees and licensees whose arrangements are preserved; the Registrar of Titles and conveyancing community for registration effects; and any users or service beneficiaries tied to the purposes specified in the Schedule.

The Act creates a set of duties for public officials and confirms rights for specified private and public parties. The duties and rights are primarily procedural (survey, recommendation, Gazette publication, registration), transitional (appointment or revocation of committees of management, temporary reservations), and preservatory (continuation of named licences and leases).

Duties imposed on decision makers

• Ministerial duty to receive and examine a plan of survey and to be satisfied the plan relates only to the Schedule Item 1 land (Ballarat West) before making a recommendation to the Governor in Council (s 3(1)(a)-(b)). The Minister must then recommend revocation and a new reservation under s 4(1) of the Crown Land (Reserves) Act 1978 (s 3(1)(c)-(d)).

• Governor in Council duty to act on the Minister’s recommendation by making the Order (s 3(2)). Where the Governor in Council makes an Order under s 3, the Order must include the plan of survey and be published in the Government Gazette (s 3(3)).

• Registrar of Titles duty to make the requisite recordings or amendments in the Transfer of Land Register as necessary because of the operation of any provision of Part 2 (s 13). This duty is compulsory and links the administrative revocation to Torrens‑system records management.

Duties and consequences concerning committees of management

• Where an Order causes revocation, the Act revokes any committee of management appointments to the extent they relate to the land (for example s 3(4)(c), s 4(2)(b)). Conversely, certain bodies are taken to be committee of management immediately on revocation for the temporarily reserved land (s 3(5)(b) Ballarat City Council; s 4(3)(b) Bendigo Health Care Group; s 7(4) Primary Industries Committee of Management Incorporated). The effect is to place immediate management duties on those named bodies under the Crown Land (Reserves) Act 1978 statutory framework (the Act references s 14 of that Act in s 3(5)(b) and s 4(3)(b)).

Rights preserved for existing parties

• The Act preserves the legal effect of named licences and leases in force immediately before the commencement/publication. For Ballarat West, a licence to occupy part of the land granted to VicRoads on 27 March 2013 under s 17B of the Crown Land (Reserves) Act 1978 is not affected by the s 3 revocation (s 3(6)(a)). For Bendigo, the Act preserves multiple construction licences and commercial licences between Bendigo Health Care Group and named Exemplar Health entities, Peter MacCallum Cancer Institute and Healthscope Pathology (s 6(1)(a)-(d)). For Werribee, several leases/licenses in force immediately before commencement are preserved and listed individually (s 7(5)(a)-(j)). For Yarrawalla, a licence granted under s 130 of the Land Act 1958 to named individuals is preserved (s 9(3)).

Rights and status conversions on revocation

• The Act declares that land subject to the listed revocations is taken to be unalienated Crown land freed from trusts, reservations and encumbrances (s 3(4)(b); s 4(2)(a); s 5(2)(a); s 7(2)(a); ss 8-11). That conversion changes the legal status of the land and removes the legal incidents that attach to reserved land. Rights in registered title or under express preserved licences remain as preserved by the Act.

Processual rights

• Publication requirement for Orders (s 3(3)) creates transparency and provides a public record, which operates as a processual right for interested parties to know when revocation and reservation take effect.

Limitations and non‑creation of new proprietary interests

• The Act does not, in the operative text provided, create new estates or proprietary interests in private parties beyond preserving existing licences and leases and declaring committee appointments. It also does not itself alienate or grant land to private parties; revocation converts land to unalienated Crown land or temporarily reserves it for public purposes. Any subsequent alienation or grant of Crown land would have to occur under the relevant land statutes and processes.

In short, the Act assigns duties to Ministers, the Governor in Council and the Registrar of Titles; imposes immediate management duties on named committees; preserves existing contractual and statutory licences and leases for named parties; converts reserved land to unalienated Crown land (or temporarily reserves it); and creates a short, specific public record requirement for operation of the Ballarat Order in Council mechanism.

The Act’s operative provisions, as provided, do not create new or direct criminal penalties or civil fines within Part 2. Its focus is administrative and property‑regime oriented: revocation of specific reservations and Crown grants, appointment or revocation of committees of management, preservation of certain licences and leases, and the obligation for the Registrar of Titles to update the Torrens register (ss 3-13). Consequently the Act primarily operates through administrative enforcement mechanisms and statutory declaration of legal status rather than by imposing penalties.

Notable points concerning enforcement and sanctions in the provided text:

• No penalty clauses appear in the sections specifying revocation, temporary reservation, committee appointments or preservation of licences and leases (ss 3-13). The Act repeatedly frames outcomes as "taken to be" particular legal states (for example, "taken to be unalienated land of the Crown" in s 3(4)(b), s 4(2)(a), s 5(2)(a), s 7(2)(a), s 8(2), s 9(2), s 11(3)), rather than prescribing offences for non‑compliance.

• The Act requires publication in the Government Gazette for Orders under s 3 and requires the Registrar of Titles to act (s 13). Both are enforcement by operation of law and administrative duty rather than sanction.

• Section 1(c) records an intention to amend the National Parks Act 1975 "to alter the boundaries of several parks and amend certain offence provisions" as one of the stated purposes. However, the operative text supplied shows that many provisions of Part 4 that might have contained those offence provisions were repealed by s 45(1) and s 45(2) (text notes in Pt 4: "Ss 16-24 repealed by No. 79/2013 s. 45(1)." and notes showing ss 25, 27, 28 repealed). Because those amendments are not present in the operative material provided, there is no identified new or amended offence provision in the text before the reader. Any enforcement mechanisms that might have been intended via National Parks Act amendments are not available to consult in the provided instrument.

• Enforcement questions that arise in practice (for example who enforces compliance with committee of management obligations under the Crown Land (Reserves) Act 1978) will depend on the statutory enforcement framework of that Act and any regulations made under it. The 2013 Act repeatedly references the Crown Land (Reserves) Act 1978 for reservation and committee appointment powers (for example s 3(1)(d), s 3(5)(a)-(b)). Any sanctions for mismanagement or non‑performance by a committee will flow from the Crown Land (Reserves) Act 1978 and ancillary instruments, not from the revocation Act itself.

• The Act preserves specific contracts and licences. Disputes about those instruments,enforcement, breach, compensation,would proceed under the usual contractual and property law regimes, and the Act does not displace or alter those substantive contractual enforcement paths beyond preservation (for example, s 6(1) preserves named licences and s 7(5) lists preserved leases).

In short, enforcement under this Act is administrative and registrarial. The Act delegates operational compliance and sanction power back to the parent statutes (for instance the Crown Land (Reserves) Act 1978 and the Transfer of Land Act 1958) and preserves existing contractual rights enforceable under general law. The provided text does not establish new penal offences or pecuniary penalties itself.

This Act is explicitly framed as interacting with several named statutes and the Torrens title system. The text integrates revocation mechanics with the Crown Land (Reserves) Act 1978, the Transfer of Land Act 1958, and the Health Services Act 1988. It also references the National Parks Act 1975 in its purposes, though many of those intended amendments are not present in operative text as supplied.

Core interactions

• Crown Land (Reserves) Act 1978. The Act repeatedly operates by reference to provisions of that statute. Revocations often convert the land to "temporarily reserved for public purposes under section 4(1) of the Crown Land (Reserves) Act 1978" (see s 3(5)(a), s 4(3)(a), s 5(3)(a), s 7(3)(a)). Appointment of committees of management under s 14 of the Crown Land (Reserves) Act is used in several provisions (s 3(5)(b); s 4(3)(b); s 7(4)). The Act also revokes any regulations made under s 13 of the Crown Land (Reserves) Act 1978 to the extent they apply to the land subject to revocation (see s 3(4)(d), s 4(2)(c), s 7(2)(c), and s 12(b)). In practice, this Act changes reservation status and management arrangements by leveraging the statutory mechanisms and terminology of the Crown Land (Reserves) Act.

• Transfer of Land Act 1958. Section 13 imposes a duty on the Registrar of Titles to make any recordings in or amendments to the register kept under the Transfer of Land Act 1958 necessary because of the operation of any provision of Part 2. Thus, the Act ties the administrative revocation to the Torrens register and conveys to the registrar obligation to correct title records following statutory conversion of land status.

• Health Services Act 1988. For the Bendigo sites (Items 2 and the Crown grant in Item 3), the Act states that the land taken to be temporarily reserved is for hospitals, health care agencies and services or other purposes administered by the Minister administering the Health Services Act 1988, and it explicitly takes "Bendigo Health Care Group" as the committee of management for that land (s 4(3)(a)-(b) and s 5(3)(a)-(b)). The definition of Bendigo Health Care Group is supplied in s 6(2) (a public health service listed in Schedule 5 to the Health Services Act 1988). This creates a cross‑statutory management link between Crown land management and health service administration.

• Land Act 1958. Section 9(3) protects an existing licence "granted under section 130 of the Land Act 1958" to named individuals in relation to the Yarrawalla site. The Act therefore recognises and preserves existing rights under the Land Act 1958 even though it revokes the earlier Order in Council that created the reservation.

• Other statutes named in s 1. The long title and s 1 list multiple statutes intended to be amended (for example the National Parks Act 1975, Carlton (Recreation Ground) Land Act 1966, Shrine of Remembrance Act 1978, Water Industry Act 1994). However, the operative text provided shows that Part 4 provisions that might have amended the National Parks Act 1975 were largely repealed by s 45(1) and s 45(2). Therefore, while the Bill’s stated purposes referenced multiple Acts, the text available to this analysis mostly effects change through the Crown Land (Reserves) Act 1978 framework and the Transfer of Land Act 1958.

Operational consequences of interaction

• Administrative sequencing. The Act’s requirement for Surveyor‑General‑signed plans (s 3(1)(a)) and Gazette publication (s 3(3)) interacts with statutory requirements in the Crown Land (Reserves) Act and the Transfer of Land Act for proper description and registration of land. Those requirements create an operational sequence: survey, Minister satisfaction and recommendation, Governor in Council order, Gazette publication, Registrar of Titles amendment.

• Preservation and coexistence of instruments. By preserving listed licences and leases (s 3(6), s 6(1), s 7(5)), the Act creates a coexistence between the new unreserved or temporarily reserved status of land and pre‑existing private contractual rights, which remain enforceable under their original statutory or contractual bases. Therefore, users and managers must consider both the Crown Land (Reserves) Act duties and the preserved statutory/contractual obligations.

• Scope for regulatory trimming. The Act revokes regulations made under s 13 of the Crown Land (Reserves) Act 1978 to the extent they apply to revoked land (s 3(4)(d), s 4(2)(c), s 7(2)(c), s 12(b)). This action trims regulatory overlay that had applied to the land when it was reserved.

Taken together, the Act is a narrowly tailored instrument that reorganises land status and management within the Crown land statutory architecture and requires registration updates under the Transfer of Land Act. It does not, in the text supplied, create new private property grants or new criminal sanctions; rather, it reshapes reservation status, committee appointments and regulatory footprints while preserving named existing rights.

The Act’s own commencement and repeal notes are recorded within the provided text and endnotes. The principal historical markers in the supplied document are as follows.

Assent and commencement

• Assent: The Act received Royal Assent on 17 December 2013 (Endnotes, Table of Amendments; General Information).

• Commencement: Section 2(1) provides that the Act, except ss 25, 27 and 28, comes into operation the day after assent. The endnotes confirm that sections 1-24, 26, 29-45 commenced on 18 December 2013 (the day after assent) (Endnotes). Section 2(2) provided that sections 25, 27 and 28 were to come into operation on days to be proclaimed; the endnotes state those sections came into operation on 1 September 2014 (Special Gazette dated 26.8.14 p. 1) (Endnotes).

Repeals contained in the Act

• The printed Act incorporates repeal clauses that remove some parts of the Bill from the Act as enacted. For example, textual notes indicate that Part 3 (s 14 and s 15) was repealed by No. 79/2013 s 45(1): "Pt 3 (Heading and ss 14, 15) repealed by No. 79/2013 s. 45(1)." Similarly, multiple sections in Part 4 and Part 5 are marked as repealed by the same provision: "Ss 16-24 repealed by No. 79/2013 s. 45(1)." and notes that ss 25, 27 and 28 were repealed on a later date by s 45(2). The Endnotes Table of Amendments restates that s 45(1) repeals Part 3, ss 16-24, 26, 29, 30, 31-35 on 18 December 2013, and s 45(2) repeals ss 25, 27 and 28 on 1 September 2014 (Endnotes).

• The Schedule remains operative in the printed Act and is the source of the specific land descriptions and reservation instrument references that the operative revocation provisions rely on.

Explanatory materials

• The endnotes include a record of the Minister’s second reading speech dates (Legislative Assembly: 31 October 2013; Legislative Council: 28 November 2013). The Explanatory Details endnote section in the provided document currently reports "No entries at date of publication." This indicates that no further explanatory or delegated instrument entries are included in the printed version supplied.

Scope of later amendments

• The endnotes include a "Table of Amendments" caption, but no substantive amendment history beyond the commencement and internal repeal notes is provided in the supplied text. The printed Act indicates that it "Version incorporating amendments as at 1 September 2015," but the internal notes show that the main substantive operation happened at or immediately after assent and that internal repeal and commencement sequencing controlled which parts remained effective.

Practical import of the amendment history

• The repeal entries materially narrowed some of the Bill’s originally drafted content, removing Part 3 and large parts of Part 4 and Part 5 (as indicated by the internal text notes). Those repeals mean that any intended amendments to other Acts that would have been contained in those parts are, in the text supplied, not operative. Where the Act states purposes (for example s 1(c) referencing the National Parks Act 1975), readers should reconcile that declared purpose with the operative text, noting that the purported amendments may have been removed or not enacted as printed.

In short, the enactment history in the supplied materials shows prompt commencement of most operative provisions the day after assent, targeted preservation of licences and leases, and internal repeals that removed whole parts of the Bill from the final enacted text. The Schedule and Part 2 revocation machinery remain operative as the core of the Act’s effect.

The supplied Act and its endnotes do not record any litigation history. The Explanatory Details endnote section contains "No entries at date of publication," and there are no cases, judgments or litigation references in the body of the Act, the Schedule, or the endnotes provided. The instrument names parties to preserved licences and leases (for example VicRoads, Bendigo Health Care Group, university and corporate lessees at Werribee), but it does not reference any legal proceedings or judicial determinations arising from its provisions.

Where litigation might arise in practice,examples include disputes about interpretation of the schedule descriptions, the operation of the "freed and discharged" clause vis‑à‑vis preserved interests, or challenges to committee appointments,those potential disputes would be litigated under the usual civil and administrative law frameworks. However, there is no litigation to report in the supplied materials, and no case law is cited by the Act itself.

Practitioners requiring an up‑to‑date litigation landscape should search court databases and subsequent legislative histories external to the printed Act for any judicial consideration of the revocations, committee appointments, or Registrar of Titles actions mandated by s 13. The Act’s text contains no hint of existing or prior litigation that shapes interpretation.

The Act is short and technical, but several implementation and interpretation traps arise from its drafting. These are practical operational "gotchas" that lawyers, land managers and conveyancers should note and address, with precise textual hooks provided.

1. Different legal states created simultaneously

• The Act often converts reserved land to "unalienated land of the Crown, freed and discharged" (for example s 3(4)(b); s 4(2)(a)), but simultaneously, in some cases, takes that same land to be temporarily reserved for public purposes under s 4(1) of the Crown Land (Reserves) Act 1978 (for example s 3(5)(a); s 4(3)(a); s 5(3)(a); s 7(3)(a)). Practitioners must not assume revocation equals immediately unencumbered Crown land in all respects,the Act expressly creates temporary reservations and committee appointments for certain parcels. The exact legal status depends on the subsection in question.

2. Ballarat West requires a precise plan of survey

• The Ballarat West revocation in s 3 is conditional on the Minister receiving a plan signed by the Surveyor‑General and being satisfied the plan relates only to the Schedule Item 1 land (s 3(1)(a)-(b)). If a plan is defective or insufficiently specific, the Minister cannot validly recommend the Order. This introduces a technical precondition to revocation that will involve surveyors, the Surveyor‑General and ministerial certification.

3. Gazette publication is a legal trigger

• For s 3 matters, an Order must include a copy of the plan and be published in the Government Gazette (s 3(3)). The operative consequences described in s 3(4) follow "on the publication in the Government Gazette" (s 3(4)). That is, public notification is the triggering act. A lapse in Gazette publication could delay or frustrate intended effect.

4. Preservation lists create discontinuities

• The Act expressly preserves named licences and leases (s 3(6), s 6(1), s 7(5), s 9(3)). Those preserved instruments may continue to impose obligations or confer rights on third parties even though the underlying reservation has been revoked. For example, some preserved leases have very long terms (e.g. Incitec Pivot lease from 2003 expiring 2053 in s 7(5)(g); CSIRO lease to 2050 in s 7(5)(h)). Practitioners must check the preserved instrument’s terms carefully because the Act does not alter their content; it only protects their continued existence.

5. "Freed and discharged" language is wide but qualified

• The repeated formula that land is "freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests" (for example s 3(4)(b)) is broad. However, the Act concurrently preserves specific licences and leases (supra). This means the broad "freed and discharged" statement is subject to express statutory preservation. Conveyancers and title searchers must look to the Schedule and the relevant subsections to determine which interests survive.

6. Registrar amendments are mandatory but not time‑bounded

• Section 13 requires the Registrar of Titles to make necessary recordings and amendments. The Act does not set time limits or specify how changes are to be recorded. Practitioners should anticipate the need to initiate contact with the Titles Office and to monitor the Gazette for Orders so as to align transactional timelines with registrar record changes.

7. Repealed portions mean intended National Parks amendments may not exist

• The Act’s s 1(c) references amendments to the National Parks Act 1975, but internal notes indicate many Part 4 provisions were repealed (see Pt 4 notes). Do not assume that the Bill’s original policy intent on National Parks was enacted; check the final operative text rather than second reading speeches. The endnotes and in‑text repeal notes are the controlling record here.

8. Scope for interpretation disputes about extent of revocation

• Schedule Items set "extent of revocation" for some items, but others are made conditional or partial (for example Item 3: "Extent of revocation: The reservation as it is in force" while Item 4 in the Schedule creates a temporary reservation area). Accurate border and area delineation is essential. Survey plans and Gazette inclusions will determine the exact land affected.

9. Cross‑statutory obligations may bite committees of management

• The Act appoints specific committees in their statutory capacity (s 3(5)(b), s 4(3)(b), s 7(4)). Those bodies will have duties under the Crown Land (Reserves) Act 1978 and must coordinate with the Health Services Act 1988 where Bendigo Health Care Group is committee. Failing to align internal governance and resourcing with those duties could give rise to compliance problems under the parent statutes.

10. No express compensation mechanism in the Act

• The Act revokes reservations and Crown grants and preserves certain licences, but it does not set out compensation procedures for parties whose rights are extinguished by revocation (beyond preservation where specified). If any party claims compensation for loss caused by revocation of an interest not expressly preserved, the relief mechanisms will need to be sought under general statutory compensation provisions or common law, not under an express provision in this Act.

These points underline the need for precise survey work, careful checking of Gazette notices, and early communication with the Titles Office and affected committees or licence holders when implementing or responding to the Act’s revocations.

This section sets out practical steps for the principal affected parties: Ministers and departmental officers, committees of management and local government, preserved licensees/lessees and other land users, conveyancers and the Registrar of Titles. Each step refers to the relevant provisions of the Act.

For the Minister and department officers (where s 3 process applies)

• Prepare and lodge a plan of survey signed by the Surveyor‑General that identifies the part or whole of the Schedule Item 1 land intended to be subject to revocation and/or re‑reservation (s 3(1)(a)). Ensure the plan is limited to the land described in Schedule Item 1 (s 3(1)(b)).

• Record ministerial satisfaction that the plan relates only to the land described in Schedule Item 1, documenting the basis for that satisfaction and any supporting evidence (s 3(1)(b)).

• Make a formal recommendation to the Governor in Council under s 3(1)(c)-(d), attaching the plan of survey and the ministerial satisfaction note.

• If an Order is made by the Governor in Council, ensure the Order includes a copy of the plan of survey and that the Order is published in the Government Gazette (s 3(3)). Track the Gazette publication because the operative consequences in s 3(4) and s 3(5) are triggered "on the publication in the Government Gazette" (s 3(4)).

For committees of management and local government (Ballarat City Council, Primary Industries Committee, Bendigo Health Care Group)

• Review the Act’s specific appointment language and the Crown Land (Reserves) Act 1978 s 14 duties that the appointment imports (s 3(5)(b); s 4(3)(b); s 7(4)). Prepare governance materials, budgets and management plans that match anticipated responsibilities as committee of management for the temporarily reserved land.

• For Bendigo Health Care Group and similar bodies, coordinate with the public health statutory framework (Health Services Act 1988) since land is temporarily reserved for hospital and health care purposes (s 4(3)(a); s 5(3)(a)).

• Audit any activities under preserved licences/leases on the land to ensure continuing compliance with those instruments (s 3(6), s 6(1), s 7(5), s 9(3)). The Act preserves those instruments "as in force immediately before the commencement of this section," so their current terms govern.

For preserved licensees and lessees (named private and public entities)

• Verify that your licence or lease is among those expressly preserved in the relevant section (for example s 3(6) for Ballarat West; s 6(1) for Bendigo; s 7(5) for Werribee; s 9(3) for Yarrawalla). Where your instrument is listed, treat it as continuing in force notwithstanding the reservation revocation.

• Continue to perform contractual duties and pay fees/rent in accordance with the instrument. If the Act’s revocation materially affects your operations, commence discussions with the committee of management and the relevant Ministerial or departmental contact to clarify ongoing access, service provision and risk allocation.

For conveyancers, purchasers and financiers

• Monitor the Government Gazette for Orders under s 3 (Ballarat West) and for notices related to the Schedule items that have had revocations (s 3(3)). Do not rely solely on historical reservation instruments; check current status after Gazette publication.

• On any transaction affecting the land in the Schedule, obtain and rely on updated title searches only after the Registrar of Titles has made the amendments required by s 13. Be aware that s 13 obliges the Registrar to record necessary changes but does not specify timing; factor potential administrative delay into transaction timetables.

• When acting for purchasers or mortgagees, advise clients about preserved licences and leases that may remain binding despite revocation (s 3(6), s 6(1), s 7(5), s 9(3)). Ensure mortgagee protection clauses and representations account for such ongoing interests.

For the Registrar of Titles and Titles Office

• Implement procedures to locate Gazette notices and Orders made under s 3 and other revocation provisions and to then make the necessary recordings or amendments in the Transfer of Land register as required by s 13. Establish clear internal workflows for integrating the revocation orders and Surveyor‑General plans into title updates.

• Communicate with affected parties where title amendments may affect registered interests and provide guidance on lodgement requirements for any consequential instruments necessary to reflect the change from reserved land to unalienated Crown land or a temporary reservation.

For departments and agencies with regulatory responsibilities

• Review existing regulations made under s 13 of the Crown Land (Reserves) Act 1978 that previously applied to the land slated for revocation, because the Act revokes those regulations to the extent they apply to the land (s 3(4)(d), s 4(2)(c), s 7(2)(c), s 12(b)). Decide whether to make new regulations, or to rely on the temporary reservation framework, to ensure continuity of regulatory oversight.

• Coordinate between agencies where land is temporarily reserved for health purposes or research purposes to align statutory objectives, funding and operational management (s 4(3)(a), s 5(3)(a), s 7(3)(a)).

Checklist to implement a revocation under the Act (practical sequencing)

1. Confirm the Schedule item and the intended extent of revocation (Schedule Items 1-8). 2. Prepare a plan of survey (where required by s 3) and secure a signature of the Surveyor‑General. 3. Minister forms a written satisfaction and recommendation to Governor in Council (s 3(1)). 4. Governor in Council makes Order and ensures the plan is attached. 5. Publish Order in the Government Gazette (s 3(3)). 6. Once Gazette publication occurs, record the operative consequences and notify affected committees and preserved licence/lease parties (s 3(4)-(5)). 7. Registrar of Titles updates the Transfer of Land Register (s 13). 8. Committees of management and preserved licence/lease parties update governance and operational arrangements.

Following these steps and attending to the statutory hooks referenced will align practical conduct with the duties and rights the Act prescribes.