Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Transfer of Land (Alpine Resorts) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE TRANSFER OF LAND
ACT 1958 3
3. Abolition of requirement for Crown leases to be in duplicate 3
4. Creation of folio of the Register and certificate of title 3
5. Insertion of new section 67A 4
67A. Variation of registered leases 4
6. Bankruptcy of lessee 4
7. Substitution of section 69 5
69. Surrender of lease 5
8. Recovery of possession by lessors 6
9. Transitional provision--duplicate Crown grants 6
127. Duplicate Crown grants for Crown leases 6
PART 3--AMENDMENTS TO THE ALPINE RESORTS
(MANAGEMENT) ACT 1997 7
10. Definition 7
11. Insertion of new section 7A 7
7A. Leasing of land in strata 7
12. Insertion of new section 8A 11
8A. Licence for strata of land 11
13. Insertion of communications systems in section 9 13
ENDNOTES 14
i
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Transfer of Land Act 1958 and the Alpine Resorts
(Management) Act 1997 to make further provision in relation to
leases and licences and for other purposes.
Transfer of Land (Alpine Resorts) Act
2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are to--
(a) amend the Transfer of Land Act 1958 to
make further provision in relation to leases;
5
and
1
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 1--Preliminary
s. 2
(b) amend the Alpine Resorts (Management)
Act 1997 to make further provision in
relation to the powers of Alpine Resort
Management Boards to lease and licence
Crown land; and
5
(c) make other minor amendments to those Acts.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
2
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 3
See:
PART 2--AMENDMENTS TO THE TRANSFER OF LAND
Act No.
ACT 1958 6399.
Reprint No. 14
as at
3. Abolition of requirement for Crown leases to be in 1 January
duplicate 2003
and
For section 8(2) of the Transfer of Land Act
5 amending
Act Nos
1958 substitute-- 23/2004,
30/2004,
"(2) The Crown grant of that land must be 47/2004,
delivered to the Registrar.". 106/2004,
108/2004,
10/2005,
4. Creation of folio of the Register and certificate of 18/2005,
title
10 71/2005 and
88/2005.
(1) Insert the following heading to section 28 of the LawToday:
www.dms.
Transfer of Land Act 1958-- dpc.vic.
gov.au
"Creation of folio of the Register and
certificate of title".
(2) For section 28(1) and section 28(1A) of the
15
Transfer of Land Act 1958 substitute--
"(1) On receipt of a Crown grant in fee or by way
of a perpetual lease or a lease for years, in
accordance with section 8, the Registrar
must--
20
(a) register the Crown grant; and
(b) create a folio of the Register for the
land to which the Crown grant relates;
and
(c) cancel the Crown grant.".
25
(3) In section 28(1B) of the Transfer of Land Act
1958--
(a) for "(1A)" substitute "(1)";
(b) after "as contained in the Crown grant"
insert "or Crown lease (as the case
30
requires)".
3
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 5
(4) Section 28(2) of the Transfer of Land Act 1958
is repealed.
5. Insertion of new section 67A
After section 67 of the Transfer of Land Act
1958 insert--
5
"67A. Variation of registered leases
(1) The registered proprietor of a lease of
freehold land or of a perpetual Crown lease
or of a Crown lease for years may, with the
consent in writing of the lessor, vary the
10
covenants or conditions of that lease by an
instrument of variation in an appropriate
approved form.
(2) A variation under sub-section (1) is not valid
and binding against the registered proprietor
15
of any mortgage or charge over the lease
unless the mortgagee or chargee has
consented in writing to the variation.
(3) For the purposes of this section the variation
of a lease does not include any of the
20
following--
(a) a transfer or assignment of a lease;
(b) an alteration of--
(i) the term of a lease; or
(ii) an area of leased land; or
25
(iii) the parties to a lease.".
6. Bankruptcy of lessee
(1) In section 68(1) of the Transfer of Land Act
1958, after "registered proprietor of a lease" insert
"of freehold land or of a perpetual Crown lease or
30
of a Crown lease for years".
4
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 7
(2) In section 68(2) of the Transfer of Land Act
1958, after "The lessor" insert "of freehold land
or of a perpetual Crown lease or of a Crown lease
for years".
7. Substitution of section 69
5
For section 69 of the Transfer of Land Act 1958
substitute--
"69. Surrender of lease
(1) The registered proprietor of a lease of
freehold land or of a perpetual Crown lease
10
or of a Crown lease for years may, with the
consent of any mortgagee and of the holder
of any charge over the lease, surrender the
lease by an instrument in an appropriate
approved form.
15
(2) Sub-section (1) is in addition to any other
method of determining the operation of a
lease.
(3) On lodgement of an instrument in an
appropriate approved form under sub-
20
section (1), the Registrar shall make on the
relevant folio of the Register a recording of
the surrender and, on the making of the
recording, the estate and interest of the lessee
vests--
25
(a) in the case of the surrender of a
perpetual Crown lease or a Crown lease
for years, in the Crown; or
(b) in any other case, in the registered
proprietor of the land.".
30
5
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 2--Amendments to the Transfer of Land Act 1958
s. 8
8. Recovery of possession by lessors
In section 70 of the Transfer of Land Act 1958,
for "The Registrar" substitute "In the case of any
lease of freehold land or any perpetual Crown
lease or any Crown lease for years, the Registrar".
5
9. Transitional provision--duplicate Crown grants
After section 126 of the Transfer of Land Act
1958 insert--
"127. Duplicate Crown grants for Crown leases
Sections 8 and 28, as in force immediately
10
before the commencement of sections 3
and 4 of the Transfer of Land (Alpine
Resorts) Act 2006, continue to apply to any
Crown grant by way of a perpetual lease or a
lease for years issued before that
15
commencement as if those sections had not
been enacted.".
__________________
6
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 3--Amendments to the Alpine Resorts (Management) Act 1997
s. 10
See:
PART 3--AMENDMENTS TO THE ALPINE RESORTS
Act No.
(MANAGEMENT) ACT 1997 89/1997.
Reprint No. 2
as at
10. Definition 1 November
2004
Insert the following definition in section 3 of the and
Alpine Resorts (Management) Act 1997--
5 amending
Act No.
' "VicRoads" has the same meaning as in the 108/2004.
LawToday:
Road Management Act 2004;'. www.dms.
dpc.vic.
11. Insertion of new section 7A gov.au
After section 7 of the Alpine Resorts
(Management) Act 1997 insert--
10
"7A. Leasing of land in strata
(1) A lease under section 7 may be granted--
(a) without being limited to a particular
stratum of any land in the resort; or
(b) for a stratum of land in the resort.
15
(2) The Board of an alpine resort must not grant
a lease under section 7 for a stratum of land
in the resort unless the Board--
(a) has first consulted the Minister
administering the Planning and
20
Environment Act 1987, where a
planning scheme applies to the stratum;
and
(b) is satisfied that--
(i) each lessee for the time being
25
under the lease can obtain
reasonable access to and use of the
land to be leased; and
7
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 3--Amendments to the Alpine Resorts (Management) Act 1997
s. 11
(ii) the granting of the lease would not
interfere with the exercise of
rights by the registered proprietor,
lessee or licensee of other land;
and
5
(iii) provision has been made (in the
lease or otherwise) for any
necessary rights of support of the
stratum or other land or of any
building or structure erected or to
10
be erected on those lands; and
(iv) provision has been made (in the
lease or otherwise) for any
necessary rights of passage or
provision of services (including
15
drainage, sewerage, or the supply
of water, gas, electricity or
communications systems) to or
through the stratum, where those
rights are necessary for the
20
reasonable enjoyment of the
stratum or other land.
(3) In determining whether the requirements of
sub-section (2)(b)(i), (iii) and (iv) are met the
matters which the Board may take into
25
account include, but are not limited to, any
of the following--
(a) the fact that the proposed lessee is the
owner, lessee or occupier of land that
can be used for access to or support of
30
the stratum or for the provision of
services to the stratum or through it to
other land;
8
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 3--Amendments to the Alpine Resorts (Management) Act 1997
s. 11
(b) the fact that the lessee has obtained
rights over neighbouring land sufficient
to provide access to or support of the
stratum, or for the provision of services
to the stratum or through it to other land
5
whether, those rights are proprietary
interests or not, and however they are
created;
(c) the extent to which the rights referred
to in paragraph (b) are capable of being
10
enjoyed by the lessee's successors in
title.
(4) The granting under this subdivision of a
lease of a stratum of Crown land is
conclusive proof of compliance with sub-
15
section (2) in respect of the lease.
(5) A lease under section 7 may be granted for a
stratum of Crown land--
(a) over or under land that is--
(i) shown as a road on a map or plan
20
kept in the Central Plan Office; or
(ii) proclaimed as a road or public
highway under an Act; or
(iii) reserved as a road; or
(iv) constructed or used as road in the
25
resort--
but not on the level at which the road is
constructed; or
(b) over or under land that is a freeway or
an arterial road within the meaning of
30
the Road Management Act 2004, if
the consent of VicRoads has first been
obtained, but not on the level at which
the freeway or arterial road is
constructed.
35
9
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 3--Amendments to the Alpine Resorts (Management) Act 1997
s. 11
(6) Without limiting section 7(1), the conditions,
covenants, reservations, restrictions and
exceptions in a lease for a stratum of Crown
land in an alpine resort may include, but are
not limited to, provision for any of the
5
following--
(a) access to and use of the stratum;
(b) support of the stratum and of any
building or structure erected or to be
erected on it;
10
(c) access through the stratum to other
land;
(d) support of other land;
(e) any necessary rights for the passage or
provision of services to or through the
15
stratum;
(f) the prevention of interference by the
lessee with the use or enjoyment of
other land;
(g) the prevention of interference by the
20
lessee with the use of any road by the
public and the protection and
maintenance and management of any
road above or below the stratum.
(7) Without limiting the circumstances in which
25
a lease may be declared forfeit, a lease of a
stratum of Crown land in an alpine resort
may be declared forfeit by the Board if the
Board is satisfied that, the lessee cannot have
reasonable access to the leased stratum or
30
there are no rights of support for the stratum
or no necessary rights for the provision of
services to or through the stratum.".
10
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 3--Amendments to the Alpine Resorts (Management) Act 1997
s. 12
12. Insertion of new section 8A
After section 8 of the Alpine Resorts
(Management) Act 1997 insert--
"8A. Licence for strata of land
(1) A licence granted by the Board of an alpine
5
resort over land that is in the resort may be
granted--
(a) without being limited to a particular
stratum; or
(b) for a stratum of Crown land.
10
(2) A licence for a stratum of land in an alpine
resort must not be granted unless the Board
granting the licence--
(a) has first consulted the Minister
administering the Planning and
15
Environment Act 1987, where a
planning scheme applies to the stratum;
and
(b) is satisfied that--
(i) the licensee can obtain reasonable
20
access to and use of the land to be
licensed; and
(ii) the granting of the licence would
not interfere with the exercise of
rights under any other licence for
25
a stratum or for land.
(3) The matters which must be taken into
account under sub-section (2)(b)(i) include
but are not limited to the following--
(a) the fact that the stratum is to be used as
30
a crossing over or tunnel under the
surface of the land, for the purpose of
passing between 2 pieces of land owned
11
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 3--Amendments to the Alpine Resorts (Management) Act 1997
s. 12
or occupied by the applicant for the
licence;
(b) the fact that the stratum is to be used as
a crossing over or tunnel under the
surface of land and that the licensee has
5
obtained rights of access to
neighbouring land sufficient to enable
the licensee to use the crossing or
tunnel, whether those rights are
interests in land or are created by
10
agreement or otherwise;
(c) if the licensee proposes to erect a
building or structure, the fact that
provision has been made for the support
of the building or structure, whether by
15
the creation of proprietary interests or
rights under an agreement, or in any
other way.
(4) A licence over a stratum of land in an alpine
resort may be granted--
20
(a) over or under land that is--
(i) shown as a road on a map or plan
kept in the Central Plan Office; or
(ii) proclaimed as a road or public
highway under an Act; or
25
(iii) reserved as a road; or
(iv) constructed or used as road in the
resort--
but not on the level at which the road
has been constructed; or
30
(b) over or under land that is a freeway or
an arterial road within the meaning of
the Road Management Act 2004, if
the consent of VicRoads has first been
obtained, but not on the level at which
35
12
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Part 3--Amendments to the Alpine Resorts (Management) Act 1997
s. 13
the freeway or arterial road has been
constructed.
(5) A licence for a stratum of Crown land in an
alpine resort is subject to any conditions,
covenants, reservations, restrictions and
5
exceptions determined by the person
granting the licence that are specified in the
licence, including, but not limited to--
(a) access to and use of the stratum; or
(b) support of any building or structure to
10
be erected on the stratum; or
(c) the prevention of interference by the
licensee with the exercise of rights
under licence for other strata or other
land; or
15
(d) the prevention of interference by the
licensee with the use of any road by the
public.
(6) Without limiting the circumstances in which
a licence may be declared forfeit, a licence
20
for a stratum of Crown land in an alpine
resort may be declared forfeit by the Board if
the Board is satisfied that, because an
interest, right or power has ceased to have
effect or no longer exists or for any other
25
reason, the licensee cannot have reasonable
access to or use of the stratum covered by the
licence.".
13. Insertion of communications systems in section 9
In section 9(4)(d) of the Alpine Resorts
30
(Management) Act 1997 for "telephone"
substitute "communications systems".
13
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
Transfer of Land (Alpine Resorts) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
14
551410B.I1-3/5/2006 BILL LA INTRODUCTION 3/5/2006
[Index] [Search] [Download] [Related Items] [Help]