113Partial revocation of certain reserved land

113 Partial revocation of certain reserved land

(1) This section applies if—

(a) a part of the reserved land (the relevant land) is within the project area for a Suburban Rail Loop project; and

(b) the Minister considers it necessary for the purposes of the Suburban Rail Loop project that the part of the reservation applying to the reserved land be revoked.

(2) The Minister on—

(a) receiving a plan of the relevant 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 recommend to the Governor in Council that the part of the reservation applying to the relevant land be revoked.

(3) On receiving the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may, despite anything to the contrary in the Crown Land (Reserves) Act 1978, revoke the relevant Order in Council to the extent that Order the relates to the relevant land shown on the plan.

(4) On the publication of an Order under subsection (3) in respect of the relevant land—

(a) subject to paragraph (e), that land is taken to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) without limiting paragraph (a), any reservation of that land in force immediately before that publication is revoked, despite anything to the contrary in the Crown Land (Reserves) Act 1978; and

(c) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

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

(e) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for the purposes of the applicable Suburban Rail Loop project.

(5) The reservation of land under subsection (4)(e) may be amended, revoked or otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978.

(6) An Order under subsection (3) is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

(7) In this section—

reserved land means land described in the relevant Order;