Victorian Consolidated Legislation

Crown Land (Reserves) Act 1978 - SECT 17D

Leases for up to 21 years for other purposes

17D. Leases for up to 21 years for other purposes









(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
of the responsible Minister under subsection (3), lease any part of the land
for any purpose approved by the responsible Minister, for a specific term of
not more than 21 years.

(1A) Where there are no trustees or committee of management of land reserved
under section 4, the responsible Minister may lease any part of the land for a
specific term of not more than 21 years.

(1B) The responsible Minister or the trustees or committee of management with
the approval in writing of the responsible Minister may, for the purposes of
entering into a lease of any reserved land under subsection (1) or (1A), enter
into an agreement to lease that land.

(1C) If the responsible Minister or the trustees or committee of management
enter into an agreement to lease reserved land under subsection (1B) and the
agreement to lease gives a right to occupy the land for a period of time, that
period and the period of any lease entered into consequent on the agreement
must not exceed, when added together, the maximum lease term permitted under
this section.

(2) A lease must not be entered into under subsection (1) or (1A) in relation
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 is 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
        lease under subsection (1) or (1A) 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 responsible Minister is satisfied
        that there are special reasons which make granting the lease
        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 responsible 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 lease 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 lease is to be granted is not detrimental to the purpose
        for which the land is reserved.

(4) A lease granted under subsection (1) or under section 17C-



* * * * *



* * * * *



   (c)  shall be subject to such covenants, exceptions, reservations and
        conditions as are determined by the trustees or committee of
        management and approved by the responsible Minister, or where there
        are no trustees or committee of management, as are determined by the
        responsible Minister.

(5) Any building or structure created on the land and any use of the land
pursuant to a lease referred to in subsection (1) or (1A) 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 or any
regulation or instrument made under that Act.

(6) A lease under subsection (1) or (1A) may be granted-

   (a)  without being limited to a particular stratum of reserved land; or

   (b)  for a stratum of reserved land.

(7) The responsible Minister must not grant a lease under subsection (1) or
(1A) for a stratum of reserved land unless he or she is satisfied that-

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

   (b)  the granting of the lease would not interfere with the exercise of
        rights by the registered proprietor, lessee or licensee of other land;
        and

   (c)  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

   (d)  provision has been made (in the lease or otherwise) for any necessary
        rights for the passage or provision of services (including drainage,
        sewerage, or the supply of water, gas, electricity or telephone) to or
        through the stratum, where those rights are necessary for the
        reasonable enjoyment of the stratum or other land.

(8) The granting under subsection (1) or (1A) of a lease of a stratum of
reserved land is conclusive proof of compliance with subsection (7) in respect
of the lease.