Victorian Consolidated Legislation

Land Act 1958 - SECT 115

Special conditions in leases and contracts

115. Special conditions in leases and contracts



(1) Every lease under section one hundred and ten of this Act and every
perpetual lease and every conditional purchase lease and every contract of
sale of any allotment of swamp or reclaimed land shall inter alia contain-

   (a)  a condition that the lessee or purchaser of such land for the time
        being shall make substantial and permanent improvements on the land to
        the extent of $2.50 per hectare in each of the first three years from
        the commencement of the lease or from the date of the sale of such
        land (as the case may be); and

   (b)  a condition on the part of the lessee or purchaser of such land for
        the time being to keep open all canals ditches drains cuts channels
        waterways sewers and works on the land to the satisfaction of the
        Minister and to keep open and free from obstruction and to the
        satisfaction of the Minister portions of any drains adjacent to the
        land demised and upon any road or reservation abutting upon or
        bounding the same or any part thereof and within a distance of not
        more than 40 metres from such part;

but need not contain-

   (c)  any condition requiring any such lessee to reside on such allotment.

(2) The condition mentioned in paragraph (a) of subsection (1) of this section
shall not apply to the leases of the land known as Lake Buloke allotments if
in the opinion of the Minister such expenditure cannot profitably be incurred,
and if any such condition is included in any such leases it may at any time be
cancelled by the Minister if he thinks fit.

(3) So far as regards any lease or perpetual lease or conditional purchase
lease or contract of sale of any swamp or reclaimed land, where the Minister
is of opinion that expenditure for substantial and permanent improvements to
the extent mentioned in the condition set out in paragraph (a) of subsection
(1) of this section would not be advantageous or profitable the said condition
may be omitted modified or cancelled as the Governor in Council thinks fit.