Victorian Consolidated Legislation

Crown Land (Reserves) Act 1978 - SECT 17B

Licences for purposes other than those for which land is reserved

17B. Licences for purposes other than those for which land is reserved





(1) Notwithstanding anything in this Act and notwithstanding any regulations
made under section 13 relating to the land concerned, the trustees or
committee of management of any land reserved under section 4 or, where there
are no trustees or committee of management of any land reserved under section
4, the Secretary or any person authorized by the Secretary may, with the
approval in writing of the responsible Minister given in accordance with
subsection (3), for any purpose so approved by the responsible Minister-

   (a)  grant licences to enter and use any portion of the land or any
        building thereon for a period not exceeding 10 years;

   (b)  enter into agreements to operate services and facilities on the land
        for a period not exceeding 10 years; and

   (c)  enter into tenancy agreements with persons to erect buildings and
        other structures and any such agreement-



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   (ii) shall be for a specific term which shall not exceed 10 years;

   (iii) shall be subject to termination at any time by direction of the
        responsible Minister; and

   (iv) may provide that the trustees or the committee or the Secretary (as
        the case may be) requires the tenant to undertake the removal of the
        building and the clearing of the site to the satisfaction of the
        trustees or committee or Secretary on the expiry or determination of
        the agreement.

(2) Subsection (1) shall not apply to land reserved under section 4-

   (a)  which is reserved for a purpose specified in paragraph (l), (m), (n),
        (o), (w) or (ze) of subsection (1) of section 4 or deemed by
        subsection (6) of that section to be reserved for the protection of
        the coastline unless-

   (i)  notice has been given by the Governor in Council under section 10(3)
        of the Land Conservation Act 1970 of a recommendation in respect of
        the land made under section 5(1)(a) of that Act and the granting of a
        licence or entering into of an agreement under paragraph (a), (b) or
        (c) (as the case may be) of subsection (1) is consistent with the
        recommendation; or

   (ii) in the case of land for which there is no recommendation of a kind
        referred to in subparagraph (i), the Minister is satisfied that there
        are special reasons which make the granting of the licence or entering
        into the agreement reasonable and appropriate in the particular
        circumstances and that to do this will not be substantially
        detrimental to the use and enjoyment of any adjacent land reserved
        under this Act; or

   (b)  which has been placed under the control and management of an authority
        pursuant to section 18(1).

(3) The Minister must not give approval under subsection (1) unless-

   (a)  in the case of land referred to in subsection (2)(a)(ii), he or she
        states in the approval that there are special reasons which make
        granting the licence or entering into the agreement reasonable and
        appropriate in the particular circumstances and that to do this will
        not be substantially detrimental to the use and enjoyment of any
        adjacent land reserved under this Act; or

   (b)  in the case of any other land, he or she is satisfied that the purpose
        for which the licence is to be granted or the agreement entered into
        is not detrimental to the purpose for which the land is reserved.

(4) A licence entered into under paragraph (1)(a) or an agreement entered into
under paragraph (1)(b) or (1)(c) shall be subject to such terms and conditions
as the trustees or committee of management or Secretary or person authorized
by the Secretary (as the case may be) thinks fit and as are approved by the
Minister.

(5) Any building or structure created on the land and any use of the land
pursuant to an agreement referred to in subsection (1) shall be subject to any
Act rule regulation or by-law relating to approval of plans and specifications
or to control of land use, including, without limiting the generality of the
foregoing, the Planning and Environment Act 1987 and any regulation or
instrument made thereunder.

(6) No person or body shall be entitled to receive or shall receive from the
Crown any money or consideration in respect of any improvement or any act
matter or thing relating to a licence or agreement under subsection (1).