Short title

construction
and citation.
Nos. 3700, 4095,
4181, 4273,
431!) Part I.,
4459, 4G97.
Power to revoke
permanent
reservation of
certain lands.
Nos. 3071, Ac.
No. 4873.
An Act to amend the Land Acts.
[\6th December, 1941.]
B
E it enacted by the King's Most Excellent Majesty by
and with the advice and consent of the Legislative
Council and the Legislative Assembly of Victoria in this
present Parliament assembled and by the authority of the
same as follows (that is to say):
1. This Act may be cited as the Land Act 1941 and
shall be read and construed as one with the Land Act 1928
(hereinafter called the Principal Act) and any Act and the
enactment amending the same all of which Acts and which
enactment and this Act may be cited together as the Land
Acts.
2. (1) Where any land has been heretofore or is
hereafter permanently reserved for the purposes (however
described) of the Education Acts and the Minister of Public
Instruction certifies in writing that such land is no longer
required for such purposes the Governor in Council by
Order published in the Government Gazette may revoke such
reservation.
( 2 ) W h e r e
6 G E O . VI. ] Land. [No. 4873 205
(2) Where any land the permanent reservation of which %^
m
is revoked under this section is vested in the Minister of ^ants m such
Public Instruction
(a) on the day on which the revocation of such
permanent reservation is published in the
Government Gazette the Crown grant relating to
such land shall be revoked made void and
annulled ; and
(b) such land shall become unalienated land of the
Crown freed and discharged from all trusts
encumbrances reservations restrictions and
limitations whatsoever.
(3) The Registrar-General and the Registrar of Titles Authority and
\ / o - I T T i n n direction to
are hereby authorized and directed to make such cancellations gJg^STnd
of or entries upon any Crown grant or duplicate Crown grant ^fttt'make
or other document or upon the record of enrolment of any {J{j23g
onB
Crown grant as are necessary or expedient in consequence of ^a entries &c.
the revocation of any Crown grant pursuant to the last
preceding sub-section and the holder of any such duplicate
Crown grant or other document shall produce the same to
the Registrar of Titles for such purpose.
(4) In section eighteen of the Principal Act, after the consequential
\ / p , , i - i n * ' i i i ^ i amendment of
words section fifteen there shall be inserted the NC. 3709
B
. is.
expression " of this Act or in section two of the Land Act
permanent
10/11 " reservation.
3 . (1) Section sixty-one of the Principal Act is hereby AjendjjntB^f
amended as follows :
(a) Paragraphs (c) and (e) are hereby repealed; and
(6) At the end of the section there shall be inserted
the following sub-section :
" (2) Where any lease of an agricultural Transfer of
allotment a grazing allotment a selection encumbrances
, , , T , ' i i upon certain
purchase allotment or a conditional purchase leases to
r , , . - I . , J i j Crown grant*
allotment is subject to a registered en- of same lands.
cumbrance then in the event of the
lessee obtaining a Crown grant of such allotment
(whether with or without any addition thereto
or adjustment thereof)
(a) such encumbrance shall without
further or other authority than
this Act be transferred and apply
to
206 6 GEO. VI.] Land. [No. 4873
Consequential
amendments
of No. 3709 s. 1
and heading
preceding s. 01.
Transfer of
registered
encumbrance
on lease to new
lease In certain
cases.
to such Crown grant and to the
land thereby granted in all respects
as if such Crown grant had been
referred to in such encumbrance;
and
* (6) the Eegistrar of Titles shall
(i) indorse a memorial of such
encumbrance on such
Crown grant upon the
registration thereof; and
(ii) make a memorandum stating
the fact of such transfer
on the original registered
instrument."
(2) In section one and in the heading preceding section
sixty-one of the Principal Act for the words " Mortgages
and Liens" there shall be substituted the words
" Mortgages, Liens, and Encumbrances ".
(3) (a) Where the lease of any land under any of the
provisions of the Land Acts is subject to a registered
encumbrance and before the expiration of the term thereof
a new lease of the same land (whether with or without any
addition thereto or adjustment thereof) is granted to the
lessee in substitution for such first-mentioned lease such
encumbrance shall, if the Board considers it equitable, be
transferred and apply to such new lease and to the land
thereby demised in all respects as if such new lease had
been referred to in such encumbrance.
of
er
rd
te
of (&) Upon t he grant of any new lease referred t o in t he
encumbrances l
a s
t preceding paragraph t he Board shall forthwith furnish
transferred, &
c
. t o t he Eegi st rar of Titles
(i) a certificate under its seal setting forth the
registered encumbrances on the former lease
which are to be transferred to the new lease;
or
(ii) where no encumbrances are to be transferred a
notification in writing to that effect.
(c) The Eegistrar of Titles shall upon receipt of such
certificate
(i) indorse such encumbrance on such new lease upon
the registration thereof; and
(ii) make a memorandum stating the fact of such
transfer on the original registered instrument.
4. In
.6 GE O. VI ] Land. [No. 4 8 7 3 207
4 . I n s u b - s e c t i on (4) of s e c t i on e i g h t y - s i x of t h e Amendment of
Principal Act after t he words " Governor in Counci l" (4?.'
there shall be inserted the words " or of any person duly *
1
&?L of
authorized b y t he Governor in Council in t h at behalf ". SfonV
cultivate
auriferous land.
5 . Se c t i on ni ne t y - one of t h e Pri nc i pal Ac t i s h e re b y Amendment of
ame nde d as follows : ?
0
*i!,
09 8
' V"
Conditions of
z v
T
< . . , - , . s ale by auct i on.
(a) In sub-section (1)
(i) for t he words " deposit in cash of " t here
shall be subst i t ut ed t he words " deposit
of at least " ; and
(ii) for t he words " t he end of each successive
period of six months during which "
t here shall be subst i t ut ed t he words
" t he time when " ; and
(6) At t he end of the section there shall be inserted
t h e following sub-section :
" (3) It shall be a further condition of
sale at every such auction t h at if t he purchaser
pays t h e residue of t he price within t h i rt y
days after the t i me of t he sale no interest
shall be payable thereon ".
6 . I n s e c t i on ni ne t y - fou r of t h e Pri nc i pal Ac t as ame nde d Amendment of
, .
J r
No. 3709 s. 94
DV a n y A c t
s
amended by
J J No. 4095 s. 4.
(a) aft e r t h e words " t h e s ame " t h e re s h all b e i ns e rt e d detached
t h e wor ds " or any par t t h e re of " ; . cSSands
(b) aft e r t h e wor ds " s u c h port i on of Crown lands "
t h e r e s h al l b e i ns e rt e d t h e words " or par t
t h e re of " ; and
(c) aft e r t h e words " addi ng s u c h port i on " t h e re s h all
b e i ns e r t e d t h e words " or par t t h e re of ".
7 . (1) At t h e e nd of s u b - parag raph (i) of par ag r aph (a) of $B*M>
s u b - s e c t i on (4) of s e c t i on one h u ndr e d and t we nt y - fi ve of N
0
a
X
le
8
d
6
by
t h e Pri nc i pal Ac t as ame nde d b y any Ac t t h e re s h all b e Term and area
i ns e rt e d t h e words " and for an are a not e x c e e di ng t we nt y Crown lands
ac re s b u t i n t h e de t e rmi nat i on of t h e t e r m and t h e are a
in metropollB
'
for wh i c h t h e le as e i s t o b e g r ant e d re g ard s h all b e h ad t o
t h e nat u r e of a ny i ndu s t ry or b u s i ne s s t o b e c arri e d on or
e s t ab li s h e d
208 6 GEO. VI.] Land. [No. 4873
established on the land employment likely to be provided
and the nature and value of any buildings to be erected
on the land ".
(2) Notwithstanding anything in section one hundred
and twenty-five of the Principal Act as amended by any
rent'or7oyaTty" Act, where any lease in force at the commencement of
fixed for full "
tormm this Act was granted prior to the first day of January
substitution for ~ . *- .
ertain existing One thousand nine hundred and forty under sub-section
(4) of the said section and, before the grant of such
lease, application in writing was made to t he Minister
to have the rent or royalty fixed for the full term of the
lease, the Governor in Council may in substitution for such
lease grant to the same lessee a new lease of the same land
for a term not exceeding fifty years at a rent or royalty
fixed for such term and based upon the estimated average
value of such land during such term.
Power to
Governor in
Council to
grant lease with
leases.
Power to
Minister, Ac.
to grant right
to occupy
an area not
exceeding one
acre for
three months
as an apiary.
No. 4273.
Extension of
provisions of
No. 3709 s. 102.
Beinilations.
New section
substituted for
No. 3709
s. 181.
Power to Board
to make
regulations with
respect to
reserves not
vested in
trustees.
8. (1) Notwithstanding anything in sections one
hundred and thirty-two to one hundred and thirty-nine of
the Principal Act, the Minister or any person duly
authorized by him in that behalf may grant to any
applicant, upon payment of an amount of One pound five
shillings, a right to occupy for the purposes of an apiary
for a period of three months and subject to such terms
and conditions as are prescribed an area not exceeding
one acre in extent upon any Crown lands or upon any
lands held under an annual grazing licence or under a
lease under the Land Act 1934.
(2) The provisions of section one hundred and ninety-two
of the Principal Act shall extend and apply
(a) to the making of regulations prescribing all matters
authorized or directed to be prescribed or
necessary or expedient to be prescribed for the
purposes of this section ; and
(b) to such regulations when made.
9. For section one hundred and eighty-one of the
Principal Act there shall be substituted the following
section:
" 181. (1) The Board may make regulations for or
with respect to
(a) the care protection and management of
any land which under the provisions of
this Act or of any other Act relating to
Crown lands has, whether before or after
the
6 G E O . VI. ] Land. [No. 4873 209
the commencement of this Act, been
reserved for any public purpose whatsoever
or for any of the purposes specified in
section fourteen of this Act or any
corresponding previous enactment and which
has not been conveyed to and vested in
trustees ;
(b) the preservation of good order and decency on
such land ;
(c) the fixing collection and receipt of tolls
entrance fees or other charges for entering
in or upon such land or any specified part
or parts thereof by persons animals or
vehicles;
(d) any other purpose relating to such land
which is reasonable and which does not
interfere with the purposes for which such
land is reserved; and
(e) extending or applying all or any of the
regulations made under the foregoing
provisions of this sub-section in respect of
any land to any other land reserved as
aforesaid and not conveyed to and vested
in trustees in any case where the persons
council or body comprising the committee
of management of such first-mentioned land
are or is also appointed to be the committee
of management of such other land.
(2) Any regulation made by the Board under Regulation
, .
x
' .
J
j .
J
, , . . . may confer
this section may confer and impose upon the committee powers &c.
of management of the land and upon any officer or committee of
, ,, , . . . ,
x
e - management
servant ot such committee such powers tunctions and omcers
authorities and duties as the Board thinks necessary thereon
or expedient for the purposes of such regulation.
(3) All regulations made by the Board under Publication,
this section shall be published in the Government
Gazette and shall be posted in some conspicuous
place upon the land to which they relate.
(4) Every person who contravenes or fails to comply penalty ror
with any regulation made under this section shall
for each offence be liable to a penalty of not
more than Five pounds.
(5) E very person who contravenes or fails to Apprehension
comply with any such regulation and who after in case of
he has been warned by any bailiff of Crown lands SSnoS*
or
210 6 GEO. VI. ] Land. [No. 4873
or by any member of the police force does not
desist therefrom may be forthwith apprehended by
such bailiff or member of the police force and taken
before some justice to be dealt with according to
law and shall be liable to a penalty of not more
than Ten pounds. "
A mendment of 1 0 . In section one hundred and eighty-four of the Principal
A ppointment of A ct after the words " or the Board may " there shall be
mSeStof inserted the expression " subject to such conditions and for
certain reservea.
suc
^
1

e r m 0
f
0
f f i
c e a s
t he G ov ernor in Council or t he Boar d ( as
t he case may be) in any part i cul ar case det ermi nes. "
A mendment^ H . For sub-section (1) of section one hundred and
powers of eighty-fiv e of t he Principal A ct t here shall be subst i t ut ed
n
gcment
of
of the following sub-section :
vested in " (1) E v e r y committee of management referred t o
rusee9
' i n t he l ast preceding section or a maj ori t y of i t s
member s
(a) may exercise all such powers functions and
authorities and shall carry out all such
duties as are conferred or imposed upon
such committee by any regulations made
by the Board in respect of such land
and shall hav e, exclusive authority to
do all such acts matters and things
as are necessary for or incidental to the
carrying into effect or enforcement of
all such regulations;
(b) may either in the name of any one or more
of its members or in the name of some
other person appointed in that behalf by
the committee or a majority of its
members take any legal proceedings for
the purposes aforesaid ;
(c) may manage improv e and maintain such
land for the purposes for which i t is
reserved and for that purpose may employ
officers serv ants and workmen ;
(d) (subject to there being no interference with
the purposes of the reservation) may,
notwithstanding anything in this A ct,
grant a permit t o any person to enter with
cattle sheep or other animals upon such
land and to depasture the same thereon
upon
6 G E O . VI. ] Land. [No. 4873 211
upon such terms and conditions as the
committee or a majority of its members
determines ;
(e) may expend any tolls fees charges or any
other moneys received by the committee
in the management improvement and
maintenance of such land as aforesaid
and in the employing of officers servants
and workmen as aforesaid and for such
other purposes as the Board in any
particular case approves; and
(/) shall keep a full and particular account of
all sums of money received and expended
by the committee, and shall furnish
annually to the Secretary for Lands a
statement of such receipts and expenditure
and of the balances in hand and (if so
requested by the Secretary for Lands) full
particulars of any or all of such receipts
and expenditure. "
12. (1). The trustees or the committee of management ^
t
e
e
r
eg
to
nnd
of any land reserved either permanently or temporarily for committees of
r . 1 J . J . j . ' j J. / J - 1 management of
any of the purposes set out in section fourteen of the crown reserves
Tk i A f T A . .
t o l m
p
u n d
Principal Act or any corresponding previous enactment <ttie
r J. -r o r
#
trespassing
shall have power to impound any cattle trespassing on thereon.
such land, and for that purpose shall be deemed to be ^Se" S"
370

occupiers thereof within the meaning of the Pounds A ct
1928.
(2) In this section " cattle " has the same meaning as interpretation.
in section three of the Pounds A ct 1928. "
Cattle
-"
1 3 . A t the end of section two hundred and eighty-eight Amendment of
of the Principal Act there shall be inserted the following
M
'
de of d
8
eallng
. with excess of
prOVl SO . resumed lands.
, Comp. No. 3801
" Provided that where any piece of land taken s. 33 d).
under the authority of this Part for any purpose
other than the purposes of the Education A ct 1928
is found to exceed the area required for that purpose,
the part or parts thereof which are in excess may,
if the Governor in Council so determines, be dealt
with as unalienated land of the Crown."
14. Where
212 6 GEO. VI] Land. [No. 4873
Power to
include certain
pieces of land
in leases
licences or
Crown grants
of adjoining
land.
1 4 . Where any Crown land is available for disposal
under the Land Acts and cannot conveniently be disposed of
under any of the provisions of the said Acts apart from
this section, then, notwithstanding any restrictions or
limitations imposed by the said Acts, if such land adjoins
any land (hereinafter called the " adjoining land") held
by any person under any lease or licence under the said
Acts and the Board is of opinion that the most convenient
and equitable method of disposing of such first-mentioned
land would be to add it to the adjoining land, such first-
mentioned land (hereinafter called " the added land ") may
if the Governor in Council so determines be so added
accordingly, after valuation by an appraiser appointed by
the Board, either
(a) by the grant to such person, in substitution for his
existing lease or licence, of a new lease or licence
(as the case requires) comprising the added
land as well as the adjoining land and subject
to such altered terms and conditions with respect
to rent fee or royalty and otherwise as the
Governor in Council having regard to such
valuation thinks fit; or
(b) (in any case where a Crown grant is about to be
made to such person in respect of the adjoining
land) by the inclusion of the added land in such
Crown grant upon such terms as the Governor
in Council having regard to such valuation
thinks fit:
Provided that the area of land comprised in any addition
or additions made pursuant to this section shall not exceed
Ten per centum of the original area of the adjoining land
to which such addition or additions is or are made.
No. 4874.