ALPINE RESORTS (MANAGEMENT) ACT 1997 - SECT 7A Leasing of land in strata

ALPINE RESORTS (MANAGEMENT) ACT 1997 - SECT 7A

    (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.

S. 7A(2) amended by No. 9/2022 s. 12(1).

    (2)     Alpine Resorts Victoria must not grant a lease under section 7 for a stratum of land in the resort unless Alpine Resorts Victoria—

        (a)     has first consulted the Minister administering the Planning and Environment Act 1987 , where a planning scheme applies to the stratum; and

        (b)     is satisfied that—

              (i)     each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

              (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

              (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 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 drainage, sewerage, or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land.

S. 7A(3) amended by No. 9/2022 s. 12(2).

    (3)     In determining whether the requirements of subsection (2)(b)(i), (iii) and (iv) are met the matters which Alpine Resorts Victoria may take into 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 the stratum or for the provision of services to the stratum or through it to other land;

        (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 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 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 subsection (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 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 resort—

but not on the level at which the road is constructed; or

S. 7A(5)(b) amended by No. 49/2019 s. 186(Sch. 4 item 2.2).

        (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 the Head, Transport for Victoria has first been obtained, but not on the level at which the freeway or arterial road is constructed.

    (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 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;

        (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 stratum;

        (f)     the prevention of interference by the lessee with the use or enjoyment of other land;

        (g)     the prevention of interference by the 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.

S. 7A(7) amended by No. 9/2022 s. 12(3).

    (7)     Without limiting the circumstances in which a lease may be declared forfeit, a lease of a stratum of Crown land in an alpine resort may be declared forfeit by Alpine Resorts Victoria if Alpine Resorts Victoria is satisfied that, the lessee cannot have reasonable access to the leased stratum or there are no rights of support for the stratum or no necessary rights for the provision of services to or through the stratum.