Werribee South Land Act 1991

The Act rests on a small set of interlocking concepts: revocation of existing reservations, temporary reservation for specified public purposes, statutory authorisation of long‑term leases for marina development, the Plan of Survey as the legal locus, and administrative finality through publication in the Government Gazette.

Revocation and reservation. Section 3 allows the Minister administering the Crown Land (Reserves) Act 1978 to recommend revocation of specified Orders in Council to the extent they apply to land shown on a Plan of Survey, and the Governor in Council may make an order to that effect (s 3(2)-(3)). On publication of the revoking Order the effect is twofold: the listed Orders in Council are revoked to the extent specified and the land specified in the Plan of Survey is "deemed to be unalienated lands of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests" (s 3(4)(a)-(b)). That is a statutory clearing of prior interests to create a clean Crown title.

Temporary reservation follows. Section 4 permits the Minister, again on receipt of a Plan of Survey, to recommend reservation of the land for recreation and tourism, and the Governor in Council to declare the land temporarily reserved. The reservation takes legal effect on publication in the Government Gazette (s 4(1)-(3)). The instrument of reservation is the Crown Land (Reserves) Act 1978 regime, which the Act uses as its reservation vehicle.

Leases for marina development. Section 5 creates the express pathway for long‑term leases over the reserved land for marina development. The Governor in Council may authorise the granting of long‑term leases over any part of land shown on a Plan of Survey (s 5(2)). On publication of that authorising Order, the Minister or, with the Minister’s approval, a Committee of Management may grant leases for marina development for terms each of not more than 99 years (s 5(3)). The Act provides that such leases may be granted despite anything to the contrary in any Order under s 4 or in any Act, law or instrument (s 5(4)), which is a substantive override of prior legal impediments. However, subject to the statutory exceptions, the Crown Land (Reserves) Act 1978 applies to these leases (s 5(5)).

Procedural prerequisites and formality. The Plan of Survey is central; it must be signed by the Surveyor‑General and included in any Order under ss 3, 4 or 5 (ss 3(2), 4(1), 5(1), 6). Publication in the Government Gazette is the operative event that effects revocation, reservation and authorisation (ss 3(3)-(4), 4(2)-(3), 5(2)-(3)).

Preservation and exclusion. Section 7 preserves Port of Melbourne Authority Act 1958 subjectivity where it applied immediately before publication of an Order, while preserving leasing powers under s 5; and section 8 states that no compensation is payable by the Crown in respect of anything done under or arising out of the Act, except as expressly provided in any lease referred to in s 5.

Schedules and mapping. Schedule 1 identifies the earlier Orders in Council and the particular land described in textual and Gazette references which are to be revoked to the extent shown on the Plan of Survey. Schedule 2 contains the Plan of Werribee South Land to which the Act’s cross‑hatched, hatched and stippled areas refer. The endnotes record subsequent amendments to the schedules.

These concepts combine to convert specified reserved land into Crown land, reallocate it into temporary reserves for recreation and tourism, and create a statutory authorisation that enables the Crown to issue long‑term marina development leases up to 99 years, subject to the Crown Land (Reserves) Act 1978 except where the Act displaces it, and subject to the continuing effect of PMA Act where relevant.

The Act sets up a narrow set of institutional and private actors with defined roles and altered legal positions. The principal public decision makers are the Minister administering the Crown Land (Reserves) Act 1978, the Surveyor‑General, and the Governor in Council. Committees of Management are given a secondary role in lease granting, but only with Ministerial approval. The Port of Melbourne Authority is explicitly preserved where its jurisdiction applied immediately prior to publication of an Order (s 7). The Crown is the owner of the land once it is "deemed to be unalienated lands of the Crown" upon publication of a revoking Order (s 3(4)(b)).

Potential private sector and community actors affected include prospective marina developers and leaseholders, occupants or holders of prior interests in the specified land, and users of coastal or recreational land. Prospective lessees gain a statutory avenue to obtain leases of up to 99 years for marina development on the land the Governor in Council authorises (s 5(3)). Persons or entities who previously held interests, trusts, encumbrances or reservations over the land listed in Schedule 1 will see those prior interests discharged on publication of a revocation Order in respect of the Plan of Survey (s 3(4)(b)). If rights or interests were not preserved by statute, they are extinguished to the extent of the Order.

Local government, adjoining landowners and the general public are indirectly affected by the reservation for "recreation and tourism" and by the authorisation of long‑term marina development; however the Act does not create direct participatory or consultation rights for those actors. The Act’s procedural triggers are internal to government: Surveyor‑General plan, Ministerial recommendation, Governor in Council order and Gazette publication (ss 3-6). That sequence means that affected private actors must engage with executive decision makers or through the lease process rather than via a statutory private‑law claim to remain in occupation after revocation.

Committees of Management are potential lease granters, but only if the Minister approves; their role is to exercise lease granting powers subject to Ministerial oversight (s 5(3)). The Port of Melbourne Authority retains powers over land that was subject to its Act immediately before publication, even if that land is the subject of a s 3 Order; the PMA’s statutory powers continue notwithstanding revocation and reservation, and the leasing powers under this Act are preserved (s 7(a)-(b)).

Finally, the Crown carries a specific financial position. Section 8 explicitly removes Crown liability to pay compensation for anything done under or arising out of the Act, unless compensation is expressly provided for in a lease under s 5. That places financial burdens and benefits: private parties cannot expect statutory compensation in respect of extinguished prior interests unless a lease agreement expressly provides for payment.

This Act establishes procedural duties for public officials, and rights and powers concerning land status and leasing. The primary duties are placed on the Surveyor‑General, the Minister administering the Crown Land (Reserves) Act 1978, and the Governor in Council; the primary rights and powers relate to revocation, reservation and granting of long‑term leases.

Surveyor‑General: The Surveyor‑General must sign the Plan of Survey before ministerial action can proceed. Sections 3(2), 4(1) and 5(1) expressly make the receipt of a Plan of Survey, signed by the Surveyor‑General, the trigger for the Minister’s recommendation. Section 6 requires that any Order made under ss 3, 4 or 5 include a copy of the Plan of Survey. The Act therefore makes the Surveyor‑General’s certification an essential legal formality.

Minister administering the Crown Land (Reserves) Act 1978: The Minister has a duty to receive the Plan of Survey and then may recommend to the Governor in Council that specified Orders in Council be revoked (s 3(2)), that the land be temporarily reserved for recreation and tourism (s 4(1)), and that long‑term leases be authorised (s 5(1)). The Minister carries discretion in whether to make such recommendations. After a Governor in Council order authorising leases is published, the Minister may grant leases over the land or, with the Minister’s approval, allow a Committee of Management to grant leases (s 5(3)). The Minister therefore controls both the recommendation stage and the primary grantor role.

Governor in Council: The Governor in Council decides whether to make the revoking, reserving or authorising orders and, upon publication in the Government Gazette, those orders have legal effect (ss 3(3)-(4), 4(2)-(3), 5(2)-(3)). Each Order must include the Plan of Survey (s 6). The Governor in Council’s role is the decision point that effects the statutory land status changes.

Committee of Management: A Committee of Management may grant leases for marina development, but only with the Minister’s approval (s 5(3)). The Act thus creates a conditional delegation pathway to localised management bodies, subject to Ministerial oversight.

Port of Melbourne Authority: Where land was subject to the Port of Melbourne Authority Act 1958 immediately before publication of an Order under s 3, the land remains subject to that Act despite s 3 or any Orders under ss 4 or 5, and nothing in s 7 affects the leasing powers in s 5 (s 7(a)-(b)). That preserves PMA rights while simultaneously preserving the Crown’s leasing power under this Act.

Rights and limits on leases: The Governor in Council may authorise long‑term leases for the purposes of marina development, and the actual leases may be for terms not more than 99 years (s 5(2)-(3)). Leases under s 5 may be granted despite anything to the contrary in any Order under s 4 or in any Act, law or other instrument (s 5(4)). Subject to the exceptions in ss 5(3)-(4), the Crown Land (Reserves) Act 1978 applies to those leases (s 5(5)).

Compensation constraint: Section 8 imposes a duty‑limit on the Crown: except as expressly provided in any lease referred to in s 5, no compensation is payable by the Crown for anything done under or arising out of this Act. That creates a right to withhold statutory compensation by the Crown and places on potential lessees or dispossessed interest‑holders the burden of negotiating compensation terms into leases if they expect payment.

Formal requirements: Every Order must include the Plan of Survey (s 6), and the operative effect of revocation, reservation or authorisation is tied to publication in the Government Gazette (ss 3(3)-(4), 4(2)-(3), 5(2)-(3)). The Act therefore places procedural duties on executive actors that also constitute the legal rights of affected parties only once the formalities are satisfied.

The Act does not create express criminal offences, fines or administrative penalties within its text. There are no penalty provisions, infringement mechanisms or express enforcement powers for breaches listed in the Act itself. The remedial and enforcement architecture is therefore administrative and title‑based rather than penal.

Enforcement of the Act’s consequences occurs through executive act and registration of changes in land status following prescribed administrative formalities. Publication of Orders in the Government Gazette is the statutory event that effects revocation of prior Orders, the deemed Crown unalienated status, the temporary reservation, and the authorisation for long‑term leases (ss 3(3)-(4), 4(2)-(3), 5(2)-(3)). The Act makes the Surveyor‑General’s Plan of Survey a required attachment to Orders (s 6), so compliance with those procedural steps is the method by which orders are made valid and their effects are enforced.

Leases granted under s 5 will be subject to the Crown Land (Reserves) Act 1978, except to the extent displaced by ss 5(3)-(4). Any enforcement, compliance or penalty provisions relevant to the conduct, conditions and termination of leases are therefore likely to be found in the Crown Land (Reserves) Act 1978 and in the terms of individual leases, rather than in this Act. The Act’s s 5(4) provision allows leases to be granted despite inconsistency with prior Orders, Acts or instruments, which can reduce the need to rely on contestable legal mechanisms to enable leases, but it does not itself prescribe enforcement or penalties for breach of a lease.

Section 8 removes Crown exposure to compensation liability for actions taken under the Act, except where the lease itself expressly provides compensation. That alters the remedies available to persons who lose prior interests by statutory revocation: they cannot rely on an implied right to compensation under this Act. Any legal challenge to an Order or to the exercise of powers is not addressed within the Act; remedies and enforcement against administrative action would therefore proceed under the general judicial review and private law principles applicable outside this Act, though such remedies are not created or limited by the text provided.

The Port of Melbourne Authority Act 1958 is preserved for land previously subject to it (s 7). Any enforcement or penalty mechanisms within that Act continue to apply to that land despite this Act. Similarly, obligations and enforcement tools in the Crown Land (Reserves) Act 1978 apply to s 5 leases unless displaced (s 5(5)).

In short, this Act provides statutory mechanisms for land status changes and lease authorisation; it prescribes no standalone penalties and relies on publication, administrative orders and the existing statutes governing Crown reserves and ports to carry enforcement, compliance and remedies.

The Act operates as a targeted amendment to the operative legal framework for Crown land, using and modifying the regimes in the Crown Land (Reserves) Act 1978 and preserving certain aspects of the Port of Melbourne Authority Act 1958. The endnotes record later amendments made by the Water (Governance) Act 2006 and the Statute Law Revision Act 2011. The principal interactions are explicit in the text.

Crown Land (Reserves) Act 1978. The Act depends on, and defers to, the Crown Land (Reserves) Act 1978 as its reservation vehicle. Section 4 prescribes that the Minister administering that Act, on receiving a Plan of Survey, may recommend reservation and the Governor in Council may declare the land temporarily reserved for recreation and tourism; publication makes the land deemed temporarily reserved under the Crown Land (Reserves) Act 1978 (s 4(1)-(3)). Section 5(5) states that, subject to subsections (3) and (4), the Crown Land (Reserves) Act 1978 applies to leases granted under s 5. That means the terms, covenants, powers, restrictions and compliance mechanisms in the Crown Land (Reserves) Act 1978 apply to leases under this Act unless displaced by the specific s 5 subsections. The Act thus relies on that statute for regulatory detail on reserve management and lease administration while creating specific exceptions.

Port of Melbourne Authority Act 1958. Section 7 provides that if any of the land subject to a s 3 Order was immediately before publication subject to the Port of Melbourne Authority Act 1958, the land continues to be subject to that Act despite anything in the s 3 Order or any Order made under ss 4 or 5. Paragraph (b) of s 7 clarifies that nothing in paragraph (a) or that Act takes away or limits the leasing powers conferred by s 5. The effect is concurrent applicability: PMA powers continue to apply to land previously under PMA jurisdiction, even where the Act revokes reservations and creates new leasing powers; simultaneously, the Crown retains its new leasing power under s 5.

Orders, Plans and Government Gazette publication. The Act requires Plans of Survey and mandates that Orders made under ss 3, 4 or 5 include those Plans and be published in the Government Gazette (ss 3(2)-(3), 4(1)-(3), 5(1)-(3), 6). This procedural formality interacts with statutory land title and administrative law regimes: the Gazette publication is the trigger for changes in legal status and will be the record that ministries, registries and private parties consult.

Overrides and limits. Section 5(4) states that leases under s 5 may be granted "despite anything to the contrary in any Order under section 4 or in any Act, law or other instrument." That is a broad override of prior legal impediments to leasing for marina development. However, s 5(5) explicitly preserves the application of the Crown Land (Reserves) Act 1978 to such leases except where s 5(3) or s 5(4) operate. The Act therefore both displaces and defers to pre‑existing law in specific ways. Practitioners should note that the Act does not repeal the earlier instruments described in Schedule 1 except to the extent declared in a Governor in Council Order following a Plan of Survey; revocation is conditional on that process (s 3(2)-(4)).

Amendments by later Acts. The endnotes record amendments: the Water (Governance) Act 2006 amended s 5(3) and substituted Schedule 2 (s 174 and s 175), with commencement dates noted; and the Statute Law Revision Act 2011 amended Schedule 1 (s 3(Sch 1 item 108)). Those amendments alter the textual content and maps in the schedules and some lease‑granting provisions, and practitioners must consult current consolidated texts and the schedules as amended.

Compensation and remedies. Section 8 sets a statutory limitation on compensation claims against the Crown: except as expressly provided in any lease under s 5, no compensation is payable by the Crown for anything done under or arising out of this Act. That interacts with general compensation statutes or constitutional principles only to the extent those statutes or principles are not inconsistent with the Act; the Act plainly bars compensation claims against the Crown arising from its actions under this statute unless the lease expressly provides compensation. Any conflict with other laws creating compensation obligations would require legal analysis of inconsistency and applicable constitutional or statutory hierarchy, but the Act itself removes Crown liability within its remit.

In short, the Act is designed to operate within the Crown Land (Reserves) Act 1978 framework, preserve PMA rights where relevant, override prior impediments to leasing for marina development, and rely on executive orders and Plans of Survey to interact with land registries and administrative practice.

The Act’s textual history, as recorded in the endnotes, is short but materially alters schedules and one substantive subsection. The Act was assented to on 23 April 1991, with an initial commencement provision in s 2 that required proclamation. The endnotes state that the Act came into operation on 8 September 2006: Government Gazette 7 September 2006 page 1873. Subsequent amendments recorded in the Version No. 004 materials are the Water (Governance) Act 2006 and the Statute Law Revision Act 2011.

Water (Governance) Act 2006, No. 85/2006. This amending Act affected the Werribee South Land Act 1991 as follows: s 174 amended s 5(3) and s 175 substituted Schedule 2. The endnotes show assent on 17 October 2006 and specific commencement details, noting that ss 174 and 175(Sch. 2) commenced on 21 December 2006: Government Gazette 21 December 2006 p. 2768. The substitution of Schedule 2 altered the Plan of Werribee South Land to which the Act refers. The amendment to s 5(3) affected the governance of the grant of leases; the text in the current Version No. 004 contains that amended s 5(3).

Statute Law Revision Act 2011, No. 29/2011. This amending Act made a revision to Schedule 1; the Version materials note Sch. 1 was amended by No. 29/2011 s. 3(Sch. 1 item 108). The endnotes record assent on 21 June 2011 and commencement of s 3(Sch. 1 item 108) on 22 June 2011 per s 2(1). The Statute Law Revision Act typically makes textual or formatting changes to correct, modernise or remove spent provisions. In this case, Schedule 1 item treatment was altered, which may adjust the descriptive or Gazette references in the Schedule.

Practical effect of amendments. The substitution of Schedule 2 by the Water (Governance) Act 2006 means the Plan of Survey required under the Act is the amended Plan, and any cross‑hatched, hatched or stippled depiction must be taken from the Schedule as substituted. The amendment to s 5(3) changed who may grant leases or the conditions under which they may be granted; the Version includes the amended language that a Minister or, with that Minister’s approval, a Committee of Management may grant leases (s 5(3)). The Statute Law Revision Act 2011 amendment to Schedule 1 affects the description of the prior reservations to be revoked to the extent specified; practitioners should consult the current Schedule 1 as amended to determine the precise text and Gazette references.

No other amendments are recorded in the Version No. 004 endnotes. The text contains cross‑references to other Acts and orders which remain applicable, and the Act’s commencement being delayed until 2006 is recorded in the endnotes and supersedes the original "day to be proclaimed" placeholder in s 2.

Users should verify they are consulting the consolidated instrument incorporating those amendments; the Version No. 004 materials here incorporate amendments up to 22 June 2011.

The supplied materials contain no reported litigation history. The Act’s endnotes list second reading speech dates and amendment Acts, but there are no judicial decisions, appeals or case citations referenced in the text or in the endnotes. The Act itself does not include references to litigation or judicial interpretation, and no schedules or endnotes cite cases.

For practitioners considering disputes, note the following from the text that would shape possible litigation points even though no reported cases are provided here: revocation and reservation depend on procedural prerequisites (Plan of Survey, Ministerial recommendation, Governor in Council order and publication in the Government Gazette) which may be amenable to judicial review if a party alleges procedural unfairness, failure to follow statutory preconditions or unlawful exercise of discretion (ss 3-6); the Act removes Crown liability to pay compensation for acts done under or arising out of the Act except where a lease expressly provides compensation (s 8), which would bear on remedies that might otherwise be sought in any litigation; and s 5(4) permits leases to be granted "despite anything to the contrary in any Order under section 4 or in any Act, law or other instrument," which could raise arguments about statutory inconsistency or the limits of executive power if exercised in a way that conflicts with other statutory regimes. Section 7 preserves Port of Melbourne Authority Act 1958 subjectivity where relevant, which could give rise to inter‑statutory disputes about jurisdiction or operational control.

Because the supplied materials give no case law, practitioners must rely on general administrative law, statutory construction and land law principles outside the text if disputes arise. The absence of litigation record in the Act materials means that there is no set of reported judicial interpretations of the Act’s provisions to draw on from this document alone.

The Act contains several procedural and substantive features that can catch practitioners and stakeholders unprepared. The following are concrete mechanics and legal consequences drawn strictly from the Act’s text.

1. Plan of Survey is essential and must be signed by the Surveyor‑General. No Ministerial recommendation may be made under ss 3, 4 or 5 without that Plan (ss 3(2), 4(1), 5(1)). Orders must include the Plan (s 6). Failure to secure, attach or properly sign the Plan is a key procedural risk that could render a recommendation or Order defective.

2. Gazette publication is the legal trigger. Revocation of prior Orders, deemed Crown unalienated status, temporary reservation and authorisation to grant leases all take effect on the date of publication in the Government Gazette of the relevant Order (ss 3(3)-(4), 4(2)-(3), 5(2)-(3)). Merely making a recommendation or signing a Plan does not change legal status until Gazette publication.

3. Prior interests are extinguished only on publication and are discharged broadly. Upon publication of a revoking Order, the land is "deemed to be unalienated lands of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests" (s 3(4)(b)). That is a sweeping legal effect that eliminates prior legal encumbrances to the extent of the Order.

4. No statutory compensation against the Crown. Section 8 expressly prevents compensation being payable by the Crown in connection with anything done under or arising out of the Act, except as expressly provided in a lease under s 5. If claimants rely on compensation frameworks external to the Act, those remedies are not created here. Practitioners must negotiate compensation into lease terms if they want it.

5. Leases may override prior Acts and instruments. Section 5(4) permits leases to be granted despite "anything to the contrary in any Order under section 4 or in any Act, law or other instrument." That is a strong override, but it does not entirely remove the Crown Land (Reserves) Act 1978 application where s 5(5) applies.

6. Port of Melbourne Authority continuity. Where land was subject to the Port of Melbourne Authority Act 1958 immediately before the Order, the PMA Act continues to apply notwithstanding the s 3 Order or Orders under ss 4 or 5 (s 7). However, s 7(b) preserves the leasing powers of s 5. This concurrent application can create operational complexity; do not assume PMA powers are displaced.

7. Maximum 99‑year leases. Section 5(3) caps lease terms at not more than 99 years. For long‑term investors, recognising the statutory cap is essential; leases longer than 99 years cannot be granted under this Act.

8. Ministerial discretion and Committee approval. A Committee of Management can grant leases only with the Minister’s approval (s 5(3)). Practitioners should not assume delegated autonomy; Ministerial approval remains a gating factor.

9. Schedules control geographic scope. Schedule 1 lists the prior Orders in Council and descriptive Gazette references, and Schedule 2 contains the Plan of Werribee South Land. The Act’s effect is contingent on the Plan’s depiction; the Water (Governance) Act 2006 substituted Schedule 2, and Schedule 1 was amended in 2011. Always consult the current schedules to determine precise parcels subject to revocation or reservation.

10. The Act contains no penalty or compensation regime; remedies are external. There are no inbuilt enforcement penalties or compensatory provisions other than what a lease may expressly provide (s 8). Any dispute over administrative action must be pursued under general law, not via specific statutory compensation within this Act.

11. Timing mismatch risk. Section 2 provides that the Act comes into operation on a day to be proclaimed, and the endnotes show that practical commencement occurred in 2006. Practitioners relying on dates must look to Gazette proclamations and the endnotes rather than assuming immediate effect from assent.

These concrete features change property entitlements and administrative obligations and can produce time‑sensitive consequences. The interplay of Plan sign‑off, Ministerial recommendation, Governor in Council decision and Gazette publication creates multiple points where procedural failure can invalidate an intended title change. Also, the absence of statutory compensation and the broad power to grant leases despite prior instruments can materially affect the position of prior interest‑holders.

Compliance with the Act is primarily a sequence of administrative steps and documentary formalities. The statutory chain involves the Surveyor‑General, the Minister administering the Crown Land (Reserves) Act 1978, the Governor in Council, publication in the Government Gazette, and, where applicable, the Minister or an approved Committee of Management granting leases. The following is a practical checklist derived from the Act.

1. Prepare and sign the Plan of Survey. Ensure a Plan of Survey of the land is prepared and signed by the Surveyor‑General. The Plan must correspond, "as nearly as practicable," to the cross‑hatched, hatched or stippled areas referenced in Schedule 2 (ss 3(1), 3(2), 4(1), 5(1), 6). Confirm the Plan reflects the Schedule 2 depiction as amended by the Water (Governance) Act 2006.

2. Ministerial recommendation. Provide the Plan of Survey to the Minister administering the Crown Land (Reserves) Act 1978 for the appropriate recommendation: revocation under s 3, temporary reservation under s 4, and/or authorisation for long‑term leases under s 5. The Minister’s recommendation to the Governor in Council is the statutory gateway to the Orders (ss 3(2), 4(1), 5(1)).

3. Draft Orders with the Plan attached. Any Order prepared for the Governor in Council must include a copy of the Plan of Survey (s 6). Draft the Order to specify the extent of revocation, reservation or lease authorisation in language consistent with Schedule 1 and the Plan: Schedule 1 lists the prior Orders and the extent of revocation is "as to cross‑hatched land on plan in Schedule 2" or "as to hatched land" as appropriate.

4. Seek Governor in Council decision and record. Submit the Minister’s recommendation and the Plan to the Governor in Council for the decision to make an Order. Ensure the Order, if made, is published in the Government Gazette, because Gazette publication is the statutory event that effects revocation, reservation and authorisation (ss 3(3)-(4), 4(2)-(3), 5(2)-(3)).

5. Check legal status on Gazette publication. After publication, confirm the land is deemed to be unalienated Crown land and freed from prior trusts and encumbrances in the terms of s 3(4)(b), and if a reservation Order has been published, that the land is temporarily reserved under the Crown Land (Reserves) Act 1978 from the date of publication (s 4(3)). Update registry and management records accordingly.

6. Lease authorisation and grant. If the Governor in Council authorises leases under s 5, prepare lease instruments consistent with the Crown Land (Reserves) Act 1978, except to the extent s 5(3)-(4) provide otherwise. Ensure terms address compensation expectations because s 8 prevents Crown compensation unless the lease expressly provides for it. Leases may be granted by the Minister or by a Committee of Management with the Minister’s approval, for terms of not more than 99 years (s 5(3)).

7. Coordinate with Port of Melbourne Authority if relevant. If the land was subject to the Port of Melbourne Authority Act 1958 immediately before the Order, coordinate with the PMA because s 7 preserves PMA subjectivity even after Orders under this Act. Ensure leases and management plans acknowledge any continuing PMA obligations or powers (s 7).

8. Ensure leases comply with overriding provisions. Section 5(4) allows leases to be granted despite any contrary Order, Act, law or instrument. However, s 5(5) keeps the Crown Land (Reserves) Act 1978 applicable to such leases, subject to the exceptions. Ensure that lease documentation addresses which provisions of the Crown Land (Reserves) Act 1978 will apply and which are displaced.

9. Negotiate compensation into leases if needed. Because s 8 prevents Crown compensation otherwise, any party seeking payment for loss or disruption should negotiate compensation or remedial terms explicitly into the lease. The Crown will not be liable for compensation arising out of the Act unless a lease expressly provides it (s 8).

10. Recordkeeping and title updates. After Gazette publication, update Crown land registers, reserve records and local administrative files to reflect the new status. Attach the Plan of Survey to Orders and retain copies of Government Gazette notices; the Act’s mechanics rely on those documents to establish legal effect (s 6).

11. Legal review for consistency with schedules and amendments. Before taking action, review the current Schedule 1 and Schedule 2 as amended by the Water (Governance) Act 2006 and the Statute Law Revision Act 2011, and confirm you are working from the consolidated Version No. 004 text up to 22 June 2011 referenced. Confirm the Plan aligns "as nearly as practicable" with the Schedule depictions (s 3(1) definitions).

Following these steps will align executive action with the Act’s procedural requirements. The Act creates no licence for unilateral deviation from the Plan and Gazette process; failing to follow these formalities risks invalidating Orders and any leases purportedly granted in reliance on them. Where leases are to be granted, ensure that lease terms explicitly address compensation expectations, terms of use for marina development, and any conditions derived from the Crown Land (Reserves) Act 1978 or from the Port of Melbourne Authority Act 1958 where those Acts continue to apply.