Victorian Consolidated Legislation

Crown Land (Reserves) Act 1978 - SECT 17BAA

Licence may be granted for term greater than 10 years in some circumstances

17BAA. Licence may be granted for term greater than 10 years in some
circumstances



(1) Despite section 17B(1), where land reserved under section 4 is managed by
trustees or a committee of management, the trustees or committee of management
may, with the approval in writing of the Minister given in accordance with
subsection (6), grant a licence under section 17B(1) if the proposed licensee
is leasing-

   (a)  land adjacent to the land in respect of which the licence may be
        granted; and

   (b)  the adjacent land is under the management of the trustees or committee
        of management.

(2) A licence granted under subsection (1) may be for a period not exceeding
whichever is the lesser of the following-

   (a)  21 years;

   (b)  the term of the lease granted in respect of the adjacent land.

(3) Despite section 17B(1), where there are no trustees or committee of
management of land reserved under section 4, the Secretary or any person
authorized by the Secretary may, with the approval in writing of the Minister
given in accordance with subsection (6) grant a licence under section 17B(1)
if the proposed licensee is leasing land adjacent to the land in respect of
which the licence may be granted.

(4) A licence granted under subsection (3) may be for a period not exceeding
whichever is the lesser of the following-

   (a)  21 years;

   (b)  the term of the lease granted in respect of the adjacent land.

(5) The trustees or committee of management in granting a licence under
subsection (1), or the Secretary in granting a licence under subsection (3),
must be satisfied that a licence term longer than 10 years is necessary to
ensure the proposed licensee has continued use of the land in respect of which
the licence would be granted for the duration of the lease for the adjacent
land.

(6) The Minister must not give approval under subsection (1) or (3) unless he
or she is satisfied that the purpose for which the licence is to be granted is
not detrimental to the purpose for which the land is reserved.