124Grant of unalienated Crown land

124 Grant of unalienated Crown land S. 124(1) amended by No. 49/2019 s. 84. (1) This section applies to any land used by Victorian Rail Track under this Act or the **Transport Act 1983** (as in force immediately before the commencement of this section) which was immediately prior to its use for transport purposes unalienated land of the Crown whether set apart as a government road or not. (2) Subject to subsection (3), the Governor in Council, on the recommendation of the Minister administering section 22A of the **Land Act 1958** may grant that land to Victorian Rail Track subject to any conditions, exceptions and reservations as the Governor in Council considers appropriate. (3) This section is subject to section 8 of the **Crown Land (Reserves) Act 1978** and section 349 of the **Land Act 1958**. 125 Land (1) For the purpose of performing its functions, Victorian Rail Track may— S. 125(1)(a) amended by No. 7/2019 s. 45(a). (a) with the approval of the Minister, purchase land or an interest in land; or S. 125(1)(b) amended by No. 7/2019 s. 45(a). (b) after consultation with the Secretary and with the approval of the Minister, sell land or an interest in land; or S. 125(1)(c) amended by Nos 61/2011 s. 5(4), 7/2019 s. 45(b), substituted by No. 49/2019 s. 85, amended by No. 43/2021 s. 219(Sch. 1 item 11.4). (c) dispose of land, or an interest in land, to the Secretary, the Head, Transport for Victoria, or any other Transport Corporation or the Suburban Rail Loop Authority or a project authority within meaning of the **Major Transport Projects Facilitation Act 2009** for nominal consideration; or S. 125(1)(d) amended by Nos 61/2011 s. 5(4), 7/2019 s. 45(b), substituted by No. 49/2019 s. 85. amended by No. 43/2021 s. 219(Sch. 1 item 11.4). (d) accept the transfer of land, or an interest in land, from the Secretary, the Head, Transport for Victoria or any other Transport Corporation or the Suburban Rail Loop Authority or a project authority within meaning of the **Major Transport Projects Facilitation Act 2009** for nominal consideration; or S. 125(1)(e) amended by No. 19/2022 s. 29. (e) after consultation with the Secretary, grant a lease or licence of any land, including land which was granted to Victorian Rail Track or to any other person subject to a trust or condition requiring it to be used for some particular purpose or land temporarily or permanently reserved for any purpose under the **Crown Land (Reserves) Act 1978** or any previous Act relating to Crown land consistent with Victorian Rail Track's object so that the use will not compromise the current or future transport system; or S. 125(1)(f) amended by No. 7/2019 s. 45(c). (f) with the approval of the Minister, may develop any land and for this purpose may— (i) subdivide and re-subdivide the land; or (ii) consolidate the title to the land; or (iii) grant or create in favour of any person any easement over the land on any terms and conditions that Victorian Rail Track considers appropriate; or (iv) effect or arrange with other persons for the development of the land on any terms and conditions that Victorian Rail Track considers appropriate; or (v) maintain, operate and manage or arrange with other persons to maintain, operate and manage the land and any buildings, works, structures and other property on the land; or (vi) promote a Property Trust and— (A) with the consent of the Treasurer, subscribe for or otherwise acquire and dispose of any unit or units in the Trust; or (B) enter into arrangements with the Trust for the management by Victorian Rail Track of the Trust; or (C) enter into any contracts with the Trust that Victorian Rail Track deems necessary to guarantee to unit holders in the Trust an agreed return; or (D) make any loans to the Trust on any terms that Victorian Rail Track considers appropriate. (2) Any Property Trust promoted under this section must provide that the trustees are to be appointed by the Minister. (3) On Victorian Rail Track divesting itself, or being divested, of its interest in any land on, under or over which there was constructed a railway or tramway, any liability of Victorian Rail Track to— (a) maintain a railway or tramway on, under or over that land; and (b) maintain any bridge bearing a road over the whole or any part of that land or any crossing, culvert, drain or stream diversion appurtenant to that land— absolutely ceases and determines. (4) In this section ***develop*** means to improve land for any commercial or civic or other public or private purpose, including by the construction, demolition or substantial alteration of any structure in or on the land or the excavation of the land. S. 125A inserted by No. 41/2020 s. 51 (as amended by No. 30/2021 s. 98).