Victorian Numbered Acts

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MITCHAM-FRANKSTON PROJECT ACT 2004 (NO 39 OF 2004) - SECT 137

Effect of decision about road

    (1)     A decision under section 133 to open, discontinue, construct, relocate or realign a road has no effect until the Authority causes notice of it to be published in—

        (a)     the Government Gazette; and

        (b)     in a newspaper circulating generally throughout the area affected by the decision.

    (2)     On the publication under sub-section (1) of a decision discontinuing, realigning or relocating a road

        (a)     the land over which the discontinued, realigned or relocated road ran ceases to be a road; and

        (b)     all rights, easements and privileges existing or claimed in the 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

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

        (d)     if the decision provides for the land to be reserved for the purposes of the Project, the land is deemed to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in particular, the purposes of the Project.

    (3)     The reservation under sub-section (2)(d) may be amended, revoked and otherwise dealt with in accordance with the Crown Land (Reserves) Act 1978 .

    (4)     This section applies despite anything to the contrary in section 10 of the Road Management Act 2004 or any other Act.



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