Victorian Numbered Acts Victorian Numbered Acts" SECOND SCHEDULE
TRANSITIONAL PROVISIONS
In this Schedule—
2009 East Gippsland Act means the Parks and Crown Land Legislation Amendment (East Gippsland) Act 2009 ;
"relevant reserve commencement", in relation to an area of land described in the Fifth Schedule, the description of which is inserted or amended by a provision of the 2009 East Gippsland Act, means the commencement of the provision of the 2009 East Gippsland Act that so inserts or amends the description.
Despite anything to the contrary in this Act, any licence, permit or other authority over any part of the land described in—
(a) Division 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 or 26 of Part 1 of the Fifth Schedule; or
(b) Division 9 of Part 3 of the Fifth Schedule—
that was granted or issued under this Act, the Forests Act 1958 , the Geothermal Energy Resources Act 2005 , the Land Act 1958 or the Mineral Resources (Sustainable Development) Act 1990 and that was in force immediately before the relevant reserve commencement continues in force on and after that commencement, subject to its terms and conditions and the provisions of the Act under which it was granted or issued.
On the relevant reserve commencement—
(a) any reservation, under this or any other Act, over any part of the land described in—
(i) Division 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 or 26 of Part 1 of the Fifth Schedule; or
(ii) Division 9 of Part 3 of the Fifth Schedule—
that was in force immediately before that commencement is revoked; and
(b) any regulations made under section 13 of this Act that applied to the land immediately before that commencement are revoked in so far as they apply to the land; and
(c) subject to clause 2, the land is taken to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that commencement; and
(d) the lands delineated and coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./09-374, LEGL./09-377, LEGL./09-378, LEGL./09-379, LEGL./09-381 and LEGL./09-384, cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.
On the commencement of section 23 of the 2009 East Gippsland Act, the committee of management of Aireys Inlet Recreation Reserve in office immediately before that commencement is taken to be the committee of management appointed under this Act of the land described in Division 9 of Part 3 of the Fifth Schedule.
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22 Insertion of new nature conservation reserves
After Division 14 of Part 1 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert —
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09-374.
The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-375.
The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-376.
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09-377.
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09-378.
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09-379.
The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-380.
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09-381.
The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-382.
The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-383.
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09-384.
The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-385.".
23 Insertion of new natural features reserve
After Division 8 of Part 3 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert —
Crown allotment 19J, Parish of Angahook.".
24 Altered Crown land reserves—Fifth Schedule
(1) Division 3 of Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 is repealed .
(2) For Division 1 of Part 7 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 substitute —
The land delineated and coloured pink on the plans lodged in the Central Plan
Office and numbered LEGL./08-012, LEGL./08-014, LEGL./08-015, LEGL./09-386 and
LEGL./09-387.".
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PART 4—AMENDMENTS TO THE MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990
25 Definition of restricted Crown land
See:
Act No.
92/1990.
Reprint No. 7
as at
29 February 2007
and amending
Act
Nos
16/2006, 63/2006, 25/2008, 54/2008, 6/2009 and 57/2009.
LawToday:
www.
legislation.
vic.gov.au
(1) In clause 4A of Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990 , after "1 to 6" insert "and 9".
(2) After clause 4C of Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990 insert —
"4D. Any land described in Divisions 15 to 26 of Part 1 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 .".
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PART 5—REPEAL OF AMENDING ACT
26 Repeal of amending Act
s. 26
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984 ).
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