Victorian Consolidated Legislation

Land Act 1958 - SECT 134A

Leasing of strata of Crown land

134A. Leasing of strata of Crown land



(1) A lease under this subdivision may be granted-

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

   (b)  for a stratum of Crown land.

(2) The Minister must not grant a lease under this subdivision for a stratum
of Crown land unless he or she-

   (a)  has first consulted the Council of the municipal district in which the
        stratum is located and, where a planning scheme applies to the stratum
        and the Minister administering the Planning and Environment Act 1987
        is the responsible authority, that Minister; and





   (b)  is satisfied that-

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

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

   (iii) 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

   (iv) 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; and

   (c)  in the case of land described in subsection (5)(a) to (d), is also
        satisfied that the exercise of the lessee's rights under the lease
        will not interfere with the use of that land by the public.

(3) In determining whether the requirements of subsection (2)(b)(i)(iii) and
(iv) are met the matters which the Minister may take into account include, but
are not limited to, any of the following-

   (a)  the fact that the proposed lessee is the owner, lessee or occupier of
        land that can be used for access to or support of the stratum or for
        the provision of services to the stratum or through it to other land;

   (b)  the fact that the lessee has obtained rights over neighbouring land
        sufficient to provide access to or support of the stratum, or for the
        provision of services to the stratum or through it to other land
        whether, those rights are proprietary interests or not, and however
        they are created;

   (c)  the extent to which the rights referred to in paragraph (b) are
        capable of being enjoyed by the lessee's successors in title.

(4) The granting under this subdivision of a lease of a stratum of Crown land
is conclusive proof of compliance with subsection (2) in respect of the lease.

(5) Despite section 134(2) and anything to the contrary in the
Crown Land (Reserves) Act 1978, a lease under this subdivision may be granted
for a stratum of Crown land even though the land is-

   (a)  shown as a road on a map or plan kept in the Central Plan Office; or

   (b)  proclaimed as a road or public highway under an Act; or

   (c)  reserved as a road; or

   (d)  a freeway or an arterial road within the meaning of the
        Road Management Act 2004-

if the stratum covered by the lease does not include the level at which the
road is constructed.



(6) Without limiting section 134(1), the conditions, covenants, reservations,
restrictions and exceptions in a lease for a stratum of Crown land may
include, but are not limited to, provision for any of the following-

   (a)  access to and use of the stratum;

   (b)  support of the stratum and of any building or structure erected or to
        be erected on it;

   (c)  access through the stratum to other land;

   (d)  support of other land;

   (e)  any necessary rights for the passage or provision of services to or
        through the stratum;

   (f)  the making and removal of improvements by the lessee;

   (g)  the prevention of interference by the lessee with the use or enjoyment
        of other land;

   (h)  the prevention of interference by the lessee with the use of any road
        by the public and the protection and maintenance and management of any
        road above or below the stratum.

(7) Subject to subsection (5), the provisions of this Act applying to leases
of Crown land under this subdivision also apply to leases of strata of Crown
land under this subdivision.

(8) Without limiting the circumstances in which a lease may be declared
forfeit, a lease of a stratum of Crown land under this subdivision may be
declared forfeit under this Act if the Minister is satisfied that, the lessee
cannot have reasonable access to the leased stratum or there are no rights of
support for the stratum or no necessary rights for the provision of services
to or through the stratum.

(9) Any building or structure erected on, and any use or development of, a
stratum of Crown land leased under this subdivision is subject to any Act,
subordinate instrument (within the meaning of the
Interpretation of Legislation Act 1984) or local law relating to approval or
plans and specifications or to the control of land use, including but not
limited to the Planning and Environment Act 1987 and any instrument made under
that Act.

(10) No compensation is payable by the Crown in respect of anything done under
or arising out of subsection (5).