32Revocation of reservations—part of reservation

32 Revocation of reservations—part of reservation (1) If any Crown land permanently or temporarily reserved under the **Crown Land (Reserves) Act 1978** is within the Redevelopment Project area, and if only part of the reservation of that land is to be revoked, the Road Minister and the Crown land Minister on— (a) receiving a plan of land signed by the Surveyor-General; and (b) being satisfied that the land shown on the plan represents that part of the reservation to be revoked— may jointly recommend to the Governor in Council that that part of the reservation be revoked. (2) On receiving the Ministers' recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the following— (a) any Order in Council reserving the land; (b) any Crown grant, certificate of title or folio of the Register issued or created with respect to the land— to the extent that the Order in Council, Crown grant, certificate of title or folio relates to the land shown on the plan. (3) An Order under this clause may describe the land by reference to the plan referred to in subclause (1). 33 Effect of revocation of reservation (1) This clause applies to— (a) land referred to in an Order under clause 31 on the publication of that Order in the Government Gazette; (b) land shown on a plan to which an Order under clause 32 applies, on the publication of that Order in the Government Gazette. (2) The land is deemed to be unalienated land of the Crown and is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. (3) Unless the relevant Order under clause 31 or 32 expressly excludes the operation of this subclause, if any part of the land is or is being used as a road— (a) that part of the land ceases to be a road; and (b) all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or 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. (4) Unless the relevant Order under clause 31 or 32 expressly excludes the operation of this subclause, if any part of the land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the land either in the public or by any body or 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. (5) The appointment of any committee of management is revoked in so far as it applies to the land. (6) Any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked in so far as they apply to the land. (7) If the relevant Order under clause 31 or 32 provides for the land or any part of the land to be reserved for the purposes of the Link Upgrade Project, the land is deemed to be temporarily reserved under section 4(1) of the **Crown Land (Reserves) Act 1978** for public purposes, being, in particular, the purposes of the Link Upgrade Project. Sch. 5A cl. 33(8) amended by No. 49/2019 s. 183(Sch. 3 item 46(s)). (8) If the relevant Order under clause 31 or 32 does not provide for the land to be reserved for the purposes of the Link Upgrade Project, the land is vested in fee simple in the Head, Transport for Victoria. (9) Subclause (5) does not apply if the land is land for which a lease has been granted under section 60 or 93G of the **Melbourne City Link Act 1995**. (10) This clause has effect despite anything to the contrary in section 175A of the **Water Industry Act 1994**, section 10 of this Act or any other Act. 34 Temporary reservation may be amended or revoked The reservation of land under clause 33(7) may beamended, revoked and otherwise dealt with inaccordance with the **Crown Land (Reserves) Act 1978**. Division 3—Continuation of roads 35 Orders may continue or declare roads (1) An Order made under Division 1 or Division 2 may specify that any part of the land (that is the subject of the Order) that was a freeway or an arterial road before the publication of the Order continues to be a freeway or arterial road. Sch. 5A cl. 35(2) amended by No. 41/2020 s. 13(5). (2) Any land that is specified in an Order in accordance with subclause (1) continues to be a freeway or an arterial road as specified in the Order. (3) The Governor in Council may, by Order published in the Government Gazette, specify that any land that was the subject of an Order under Division 1 or Division 2 and that was a freeway or an arterial road immediately before the publication of the Order is to be deemed to be a freeway or an arterial road. (4) Any land that is specified in an Order in accordance with subclause (3) is, from the date of publication of the Order, deemed to be declared under section 14 of the **Road Management Act 2004** as a freeway or an arterial road as specified in the Order. (5) For the avoidance of doubt it is declared that this clause has effect in addition to and not in derogation of any deemed reservation of the land under this Part. (6) Despite anything to the contrary in section 10 or any other provision of this Act, the continuation of a road or the making of an Order under this clause does not revive any rights of the public in relation to a public highway that have been extinguished under Division 1 or Division 2. (7) This clause has effect despite anything to the contrary in any other Act.