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ROAD LEGISLATION FURTHER AMENDMENT ACT 2016 (NO. 70 OF 2016) - SECT 42

New Part 2C inserted

After Part 2B of the Melbourne City Link Act 1995 insert

" Part 2C—City Link Tullamarine Widening Project

Division 1—Preliminary

        56ZM     Definitions

In this Part—

"Landata" means the integrated computerised information retrieval and property enquiry service in respect of Victorian land, its ownership and use;

"project land" means the land more or less delineated within—

        (a)     parcel number 1, 2, 3 and 4 on the Roads Corporation survey plan numbered SP23313 as in force from time to time; and

        (b)     parcel number 1 on the Roads Corporation survey plan numbered SP23365 as in force from time to time; and

        (c)     parcel number 20 and 21 on the Roads Corporation survey plan numbered SP23366 as in force from time to time; and

        (d)     parcel number 2 and 4 on the Roads Corporation survey plan numbered SP23367 as in force from time to time; and

        (e)     parcel number 1, 2, 3, 4, 5, 6, 7 and 8 on the Roads Corporation survey plan numbered SP23368 as in force from time to time; and

        (f)     parcel number 1, 2, 3, 4, 5 and 7 on the Roads Corporation survey plan numbered SP23369 as in force from time to time;

"project licence" means any licence in accordance with clause 4C.2 of the Agreement granted under—

        (a)     section 17B of the Crown Land (Reserves) Act 1978 ; or

        (b)     section 138 of the Land Act 1958 ; or

        (c)     clause 9 of Schedule 5 to the Road Management Act 2004 .

        56ZN     Plans of project land and project licence must be available for inspection

    (1)     The Roads Corporation must cause the following plans to be available for inspection on the Internet website for Landata—

        (a)     the Roads Corporation survey plan numbered SP23313;

        (b)     the Roads Corporation survey plan numbered SP23365;

        (c)     the Roads Corporation survey plan numbered SP23366;

        (d)     the Roads Corporation survey plan numbered SP23367;

        (e)     the Roads Corporation survey plan numbered SP23368;

        (f)     the Roads Corporation survey plan numbered SP23369.

    (2)     The Roads Corporation must keep a copy of the project licence at the head office of the Roads Corporation at 60 Denmark Street, Kew, Victoria, or any subsequent address of that head office, for any person to inspect during office hours free of charge.

Division 2—Revocation of reservation on expiry of project licence

        56ZO     Revocation of reservation on expiry of project licence

    (1)     Subject to subsection (2), the Minister, after consulting with the Minister administering the Crown Land (Reserves) Act 1978 , may recommend to the Governor in Council that any temporary reservation of any part of the project land that is the subject of the project licence be revoked.

    (2)     The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied—

        (a)     that the project licence has expired;
and

        (b)     that the project land is unalienated Crown land; and

        (c)     that, on the making of an Order under subsection (3), the project land will be unreserved Crown land.

    (3)     After receiving the Minister's recommendation, the Governor in Council may, by Order published in the Government Gazette, revoke the reservation of the part of the project land.

    (4)     An Order under subsection (3) takes effect on the day that it is published in the Government Gazette.

    (5)     On an Order under subsection (3) taking effect—

        (a)     the project land is deemed to be unalienated land of the Crown freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

        (b)     if any part of the project land is or is being used as a road—

              (i)     that part of the project land ceases to be a road; and

              (ii)     all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to that part of the project land cease; and

        (c)     if any part of the project land is the bed, soil and banks of a river, all rights, easements and privileges existing or claimed in that part of the project 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; and

        (d)     the appointment of the Roads Corporation as committee of management is revoked to the extent that it applies to the project
land.

    (6)     Nothing in subsection (5) affects or extinguishes any right or interest created by operation of the Agreement.

        56ZP     Interim operation

    (1)     Subject to this section, if a temporary reservation of a part of the project land is revoked under section 56ZO—

        (a)     this Act applies to the project land as if any reference in this Act to leased land or land leased under section 60 were to include a reference to the project land; and

        (b)     section 62 applies to the project land as if any reference in that section to the grant of a lease under section 60 were a reference to the making of an Order under section 56ZO in respect of the project land.

    (2)     The Minister may by Order published in the Government Gazette declare that subsection (1) no longer applies to the project land.

    (3)     An Order under subsection (2) may direct that the project land be vested in the Roads Corporation.

    (4)     On the publication of an Order under subsection (2) in relation to the project land—

        (a)     if the Order so directs, the project land vests in fee simple in the Roads Corporation; and

        (b)     subsection (1) ceases to apply to the project land.

    (5)     Unless it has already ceased to apply under subsection (4), subsection (1) ceases to apply to the project land on the grant of a lease of the project land under section 60.".

Division 2—Use and disclosure of information



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