Victorian Consolidated Legislation

Land Act 1958 - SECT 110

Governor in Council may lease or renew lease on swamp lands

110. Governor in Council may lease or renew lease on swamp lands



(1) The Governor in Council may if he thinks fit grant a lease12 of any such
allotment for a term of not more than twenty-one years.

(2) Particulars of every such lease shall be laid before both Houses of
Parliament within one month of the execution thereof if Parliament is then
sitting, and if Parliament is not then sitting then within one month after the
next meeting of Parliament.

(3) If (whether before or after the commencement of this Act) during the
currency of any lease granted pursuant to this section or any corresponding
previous enactment the lessee dies or becomes a patient within the meaning of
the Mental Health Act 1986 the Governor in Council may grant a renewal of such
lease or a new lease of the land demised thereby to the executor or
administrator of such lessee or (as the case may be) to any person appointed
as administrator under the Guardianship and Administration Act 1986.

(4) Such renewal or new lease may be granted in the name of such lessee and be
executed by his executor or administrator or (as the case may be) by the
administrator under the Guardianship and Administration Act 1986 and shall
devolve or pass in like manner as if the lease had been renewed or the new
lease had been executed prior to the death of such lessee or (as the case may
be) prior to such lessee becoming a patient within the meaning of the
Mental Health Act 1986 and the estate of such lessee shall be answerable for
the due performance of the covenants and conditions contained or implied in
the renewed or new lease as fully and effectually as if such lessee had
executed the same personally and (in the case of a lessee who is a patient
within the meaning of the Mental Health Act 1986) was of sound mind at the
date of the execution of the same.