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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Emerald Tourist Railway (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Amendment of purposes 2
4. Grants of leases, licences and easements 3
5. New sections 41A and 41B inserted 3
41A. Grants of leases for up to 50 years 3
41B. Power to enter and use land 4
ENDNOTES 6
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PARLIAMENT OF VICTORIA
Initiated in Assembly 14 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Emerald Tourist Railway Act 1977 to provide for the
Emerald Tourist Railway Board to lease vested Crown land for up to
50 years with the approval of the Minister and for other purposes.
Emerald Tourist Railway (Amendment)
Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to provide for the
Emerald Tourist Railway Board to lease vested
Crown land for periods of up to 50 years with the
5 approval of the Minister to facilitate the
development, construction and management of
tourist facilities.
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Emerald Tourist Railway (Amendment) Act 2003
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
Victorian Legislation and Parliamentary Documents
day on which it receives the Royal Assent.
3. Amendment of purposes
5 See: (1) For section 3(1)(b) of the Emerald Tourist
Act No.
Railway Act 1977 substitute--
9020.
Reprint No. 1
"(b) may carry out other related operations which
as at
1 January
are consistent with the operations of that
1995
railway as a major tourist attraction,
and
10 amending
including, but not limited to--
Act Nos
46/1998 and
(i) the provision of maintenance and
74/2000.
consultancy services to other railway
LawToday:
www.dms.
operations; and
dpc.vic.
gov.au
(ii) the development, construction and
15 management of tourist facilities.".
(2) After section 3(1) of the Emerald Tourist
Railway Act 1977 insert--
'(1A) For the purposes of sub-section (1)(b) and
section 41 "tourist facilities" includes--
20 (a) tourist accommodation;
(b) interpretation centres and convention
centres;
(c) cafes, restaurants and licensed premises
within the meaning of the Liquor
25 Control Reform Act 1998;
(d) shops;
(e) carparks;
(f) other related facilities.'.
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Emerald Tourist Railway (Amendment) Act 2003
s. 4
Act No.
4. Grants of leases, licences and easements
For section 41(1)(a) of the Emerald Tourist
Victorian Legislation and Parliamentary Documents
Railway Act 1977 substitute--
"(a) a lease--
5 (i) of any tourist facilities, shed, office,
house or other building or part of a
building;
(ii) of any site for the erection of any
tourist facilities, shed, office, house or
10 other building or part of a building;
(iii) for storage purposes;
(iv) for other purposes including, but not
limited to, the development,
construction and management of any
15 tourist facilities, shed, office, house or
other building or part of a building;".
5. New sections 41A and 41B inserted
After section 41 of the Emerald Tourist Railway
Act 1977 insert--
20 "41A. Grants of leases for up to 50 years
(1) This section and section 41B have effect
despite anything to the contrary in the Land
Act 1958 or the Crown Land (Reserves)
Act 1978.
25 (2) The Board must not grant a lease under
section 41(1)(a) for a period exceeding
21 years unless the Minister, in writing to the
Board, has approved the granting of the
lease.
30 (3) A lease granted under section 41(1)(a) for a
period exceeding 21 years must not be for a
period exceeding 50 years.
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Emerald Tourist Railway (Amendment) Act 2003
s. 5
Act No.
(4) A lease granted under section 41(1)(a) for a
period exceeding 21 years--
Victorian Legislation and Parliamentary Documents
(a) may contain provision for the period of
the lease to be extended one or more
5 times, but the aggregate of the initial
period and any extensions must not
exceed 50 years; and
(b) may contain provision for a lessee to
remain in occupation of the land under
10 the same terms and conditions as
existed under the lease, at the discretion
of the lessor, for a period of not more
than 3 months from the expiry of the
lease; and
15 (c) is subject to any covenants, exceptions,
reservations and conditions that are
determined by the Board and approved
in writing by the Minister.
41B. Power to enter and use land
20 (1) If a lease of land is granted under section
41(1)(a) the lessee, its servants or agents
may, in accordance with that lease, enter and
use the land for the purposes of--
(a) carrying out the construction of the
25 facilities or buildings referred to in
section 41(1)(a) on the land; and
(b) carrying out the construction of
structures ancillary but related to those
facilities or buildings on the land; and
30 (c) altering, repairing, maintaining and
removing those facilities, buildings or
structures; and
(d) developing or managing the facilities,
buildings or structures.
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Emerald Tourist Railway (Amendment) Act 2003
s. 5
Act No.
(2) Sub-section (1) does not apply unless written
consent to the entry or use has been obtained
from the Board.".
Victorian Legislation and Parliamentary Documents
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Emerald Tourist Railway (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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