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Property → Rural transactions → Crown land — Victoria
Overview
Lisa Gaddie, Partner, Lander & Rogers
Introduction to Crown land
Crown land is land that is owned by the government. It makes up about one-third of Victoria.
About 7.4 million hectares comprises national parks and state forest managed under the National Parks Act 1975 (Vic) and the Forests Act 1958 (Vic). The balance is reserved under the provisions of the Crown Land (Reserves) Act 1978 (Vic) or unreserved under the Land Act 1958 (Vic).
The Minister for Environment and Climate Change is responsible for the administration of the Crown Land (Reserves) Act 1978 (Vic), the Forests Act 1958 (Vic) and Land Act 1958 (Vic). These Acts enable leases to be granted over Crown land. See Introduction to Crown land.
Reserved Crown land
The principal legislation dealing with the reservation and management of Crown land in Victoria is the Crown Land (Reserves) Act 1978 (Vic).
Committees appointed under the Crown Land (Reserves) Act 1978 (Vic) manage their reserve on behalf of the Minister for Environment and Climate Change, and have responsibility and authority to manage, improve, maintain and control their reserve. Committees of management can consist of locally elected or appointed citizens, a municipal council, statutory bodies or trustees. There are approximately:
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1,700 reserves managed by 1,250 local committees of management; and
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2,800 reserves managed by municipal councils as committees of management.
Unreserved Crown land
The Land Act 1958 (Vic) deals with the sale, grants and occupation of unreserved Crown land in Victoria.
Unreserved Crown land is generally managed by Public Land Division (PLD) in the Department of Sustainability and Environment for the Minister for Environment and Climate Change.
See Reserved Crown land.
Unused roads
A road is land that has been set aside for public access in the present or in the future. There are many pieces of legislation that deal with roads.
Local councils are responsible for managing government roads. However, a council has the power to declare to the Department of Sustainability and Environment (DSE) that a government road is not required for public traffic. The road then becomes an unused road.
See Unused roads.
Leases
PLD is responsible for the development and implementation of policy relating to leasing of both reserved and unreserved Crown land. Leasing must be consistent with the public purpose designation over the land and be in the public interest. The leasing of Crown land must also preserve the environmental, historic, recreation, tourism, natural resource, social and culturally significant values of the land. See Leases.
Licences
In Victoria, a variety of legislation enables the licensing of Crown land for specified uses, for example agricultural purposes, such as grazing. However, legislation also includes provision for the licensing of Crown land for other uses that may not be specified explicitly. See Licences.
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