64Power to reserve unalienated Crown land for the purposes of the port of Melbourne

64 Power to reserve unalienated Crown land for the purposes of the port of Melbourne (1) The Minister, in consultation with the Minister administering section 4 of the **Crown Land (Reserves) Act 1978**, may recommend to the Governor in Council that any Crown land that is— (a) in the municipal district of the Melbourne City Council, Maribyrnong City Council, Hobsons Bay City Council or Port Phillip City Council or in Port Phillip Bay adjoining one or more of those municipal districts; and (b) not reserved under the **Crown Land (Reserves) Act 1978**— be reserved for the purposes of the port of Melbourne. (2) The Minister must not make a recommendation under subsection (1) unless the Minister— (a) has received a plan of the land signed by the Surveyor-General; and (b) is satisfied that the land, shown on the plan signed by the Surveyor-General, represents the land that is to be reserved for the purposes of the port of Melbourne. (3) On receiving a recommendation of the Minister under subsection (1), the Governor in Council may, by Order published in the Government Gazette, declare that any interests over the land shown in the plan, other than those specified in the Order, are surrendered to the Crown. (4) On the publication of an Order under subsection (3) in the Government Gazette— (a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests other than those specified in the Order; and (b) the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for the purposes of the port of Melbourne, and the reservation may be amended, revoked and otherwise dealt with in accordance with that Act; and S. 64(4)(c) amended by Nos 110/2004 s. 59, 10/2016 s. 179(Sch. 1 item 7.6), 19/2022 s. 41. (c) Ports Victoria is deemed to be the committee of management of the land and for those purposes is deemed to be an incorporated committee under that Act. New s. 65 inserted by No. 110/2004 s. 60.