LAND ACT 1958 - SECT 100 Sale of Crown land subject to lease

LAND ACT 1958 - SECT 100

    (1)     This section applies to a sale under this Division of Crown land, if the Crown land is subject to a lease granted under subdivision 1 of Division 9 or any corresponding previous enactment (except a lease for amusement or recreational purposes or for the purposes of rifle ranges or roads and tramways, or a lease under section 137A).

    (2)     Upon a sale to which this section applies any lease referred to in subsection (1) to which the sale is subject has effect as a lease between the purchaser as lessor and the lessee under the lease as if it had been assigned to the purchaser and as if—

S. 100(2)(a) amended by No. 25/2023 s. 7(Sch.  1 item 17.14).

        (a)     any reference in the lease (except in relation to the exception and reservation of minerals to the Crown) to His Majesty, the Governor, the Governor in Council, a Minister or any other person having a power or discretion exercisable under the lease for or on behalf of the Crown or lessor were a reference to the lessor for the time being; and

        (b)     any reference in subdivision 1 of Division 9 or a corresponding previous enactment (except in relation to the exception and reservation of minerals to the Crown) to the powers, discretion or duties of the Minister under that subdivision or enactment in relation to the lease were a reference to powers, discretions or duties of the lessor for the time being; and

S. 100(2)(c) amended by No. 28/1993 s. 6(1)(a).

        (c)     subject to paragraph (a), in the case of a lease providing for reappraisal of rent, the provisions of that lease and this Act for the re-appraisal of the rent continued to have effect; and

S. 100(2)(ca) inserted by No. 28/1993 s. 6(1)(b).

        (ca)     subject to paragraph (a), in the case of a lease providing for review of rent, the provisions of that lease and this Act continue to have effect; and

        (d)     any provision in the lease—

              (i)     permitting resumption of land for public purposes; or

S. 100(2)(d)(ii) amended by No. 79/1993 s. 11(a).

              (ii)     requiring contribution by the lessee to the cost of construction of works as if the lessee were liable as owner under the Local Government Act 1958 —

were void; and

        (e)     the lease contained a provision under which the lessee agrees to pay to the lessor the amount of any land tax charged to the owner of the land subject to the lease (other than any amount exceeding the amount payable by an owner owning that land and no other land); and

S. 100(2)(f) amended by No. 28/1993 s. 6(1)(c).

        (f)     if this Act or the lease provides for the fixing of re-appraised rents by the Minister or for rent review by the Minister—the lease contained the provisions set out in subsections (3), (4), (5), and (6).

    (3)     If a lease to which this section applies was entered into before the date of commencement of section 10 of the Land (Amendment) Act 1983 and was continued in force by section 26 of that Act, section 134(4) of this Act as in force before the date of commencement of section 10 of that Act continues to apply to the lease, as if section 134(4)(a)(vi) and (vii) referred to a certified valuer appointed at the request of the lessor or lessee by the President of the Victorian Division of the Australian Institute of Valuers, instead of to the Minister.

S. 100(4) amended by No. 28/1993 s. 6(2)(a).

    (4)     The amount of re-appraised or reviewed rent must be determined having regard to the market rental value of the land subject to the lease, disregarding any improvements made by the lessee or sub‑lessee during the term of the lease, and the amount of the re-appraised or reviewed rent is—

        (a)     the amount agreed between the lessor and the lessee; or

S. 100(4)(b) amended by No. 28/1993 s. 6(2)(b).

        (b)     if, at least one month before the date fixed for re-appraisal or review of the rent in accordance with this Act or the lease, the lessor and lessee cannot agree as to the amount of the re-appraised or reviewed amount, such amount as is determined by a certified valuer appointed at the request of the lessor or lessee by the President of the Victorian Division of the Australian Institute of Valuers.

S. 100(5) amended by No. 28/1993 s. 6(2)(a).

    (5)     If improvements were made by a lessee under a previous lease and were not taken into account in the assessment of the rent under an existing lease of the land when the existing lease was entered into, those improvements must be disregarded in determining the amount of re-appraised or reviewed rent under the existing lease.

    (6)     If a valuer is appointed in accordance with subsection (3) or (4) the parties to the lease are jointly and severally liable to pay the fee of the valuer.

Pt 1 Div. 7 (Heading and ss 101–120) amended by Nos 7228 s. 7(Sch. 4 Pt 19(r)–(w) (as amended by No. 7332 s. 2(Sch.  1 item 140)), 7315 s. 3(Sch.  1), 7332 s. 2(Sch.  1 item 36), 8461 ss 19– 23, 9427 s. 6(1)(Sch.  5 item 76), 59/1986 s. 143(2), 121/1986 s. 112, 81/1989 s. 3(Sch. items 25.3–25.10), 13/1990 s. 41(d), 52/1994 s. 97(Sch.  3 item 16.6), 75/1994 s. 16(a)(b), 96/1994 ss 28, 31(e)–(k), 35, 52/1998 s. 311(Sch.  1 item 46), 10/2004 s. 15(Sch.  1 item 14.3), 26/2014 s. 455(Sch. item 18), 13/2019 s. 221(Sch.  1 items 25.1, 25.2), repealed by No. 40/2020 s. 41.

    *     *     *     *     *

Pt 1 Div. 8 (Heading) substituted by No. 96/1994

s. 7.

Division 8—Agricultural leases, licences and permits

Nos 4273 ss 2–9, 11, 4459 s. 7(3).

Pt 1 Div. 8 Subdiv. 1 (Heading and ss 121 –129) amended by Nos 7228

s. 7(Sch. 4 Pt 19(x)–(z)), 9019 s. 2(1)(Sch. item 99), 10087 s. 3(1)(Sch. 1 item 127), 41/1987

s. 103(Sch. 4 items

39.13–39.17), 18/1989 s. 13(Sch. 2 item 41(g)), 92/1990

s. 128(Sch. 1 item 13.3(a)(b)), 52/1994 s. 97(Sch. 3 item 16.7), substituted as Pt 1 Div. 8 Subdiv. 1 (Heading and ss 121– 126) by No. 96/1994 s. 8.

Subdivision 1—Leases for agricultural purposes

S. 121 substituted by No. 96/1994 s. 8.