Victorian Consolidated Legislation

Land Act 1958 - SECT 138A

Licence for strata of Crown land

138A. Licence for strata of Crown land







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(2) A licence under section 138 may be granted-

   (a)  without being limited to a particular stratum; or

   (b)  for a stratum of Crown land.

(3) A licence for a stratum of Crown land must not be granted unless the
person granting the licence-

   (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)  the licensee can obtain reasonable access to and use of the land to be
        licensed; and

   (ii) a licence under this Act is not in force for the stratum; and

   (iii) the granting of the licence would not interfere with the exercise of
        rights under any other licence for a stratum or for land.

(4) Examples of the matters which must be taken into account by a person
authorised to grant a licence under subsection (3)(b)(i) include but are not
limited to the following:

   (a)  The fact that the stratum is to be used as a crossing over or tunnel
        under the surface of the land, for the purpose of passing between 2
        pieces of land owned or occupied by the applicant for the licence;

   (b)  The fact that the stratum is to be used as a crossing over or tunnel
        under the surface of land and that the licensee has obtained rights of
        access to neighbouring land sufficient to enable the licensee to use
        the crossing or tunnel, whether those rights are interests in land or
        are created by agreement or otherwise;

   (c)  If the licensee proposes to erect a building or structure, the fact
        that provision has been made for the support of the building or
        structure, whether by the creation of proprietary interests or rights
        under an agreement, or in any other way.

(5) Despite section 138(2), a licence over a stratum of Crown land may be
granted even though the land is-

   (a)  shown as a road on a map or plan kept in the Department of Property
        and Services; or

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

   (c)  reserved as a road under the Crown Land (Reserves) Act 1978; or



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



if the person granting the licence is satisfied that the exercise of the
licensee's rights under the licence would not interfere with the use of the
road by the public and the stratum covered by the licence does not include the
level at which the road is constructed.

(6) Section 140 does not apply to a licence for a stratum of Crown land.

(7) A licence for a stratum of Crown land-

   (a)  is subject to any conditions determined by the person granting the
        licence, specified in the licence and relating to-

   (i)  access to and use of the stratum; or

   (ii) support of any building or structure to be erected on the stratum; or

   (iii) the making and removal of improvements by the licensee; or

   (iv) the prevention of interference by the licensee with the exercise of
        rights under licence for other strata or other land; or

   (v)  the prevention of interference by the licensee with the use of any
        road by the public; and

   (b)  is subject to any other conditions that the person granting the
        licence determines and specifies in the licence; and

   (c)  may be granted or renewed-

   (i)  for a term of not more than 21 years; or

   (ii) if the Minister grants or renews the licence or approves its grant or
        renewal for a longer term, for a term of not more than 50 years.

(8) Subject to subsection (6), the provisions of this Act applying to licences
under section 138 apply to licences for a stratum of Crown land as if those
provisions referred to a stratum of Crown land instead of to land.

(9) Without limiting section 140F(2), a licence for a stratum of Crown land
may be declared forfeit under that subsection if the Minister is satisfied
that, because an interest right or power has ceased to have effect or no
longer exists or for any other reason, the licensee cannot have reasonable
access to or use of the stratum covered by the licence.

(10) Any building or structure erected on, and any use or development of, a
stratum of Crown land licensed under this section is subject to any Act,
subordinate instrument within the meaning of the
Interpretation of Legislation Act 1984 or local law relating to approval of
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.

(11) The Governor in Council may, by Order published in the Government
Gazette, authorise the occupation without licence of any stratum or strata of
Crown land.



(12) An Order made by the Governor in Council-

   (a)  may be general or may be limited to a class of occupation, class of
        persons, class of land use or development, or class of circumstances;
        and

   (b)  authorises occupation subject to any conditions stated in the Order.

(13) Despite anything to the contrary in this section, but subject to
subsection (14), a licence may not be granted for the construction or use of a
footbridge, pedestrian way, vehicle bridge or link on a stratum of Crown land
above, or partly above, the surface of the lands shown hatched on the plan in
Schedule Three B.

(14) Subsection (13) does not prevent the granting of a licence for the
construction or use of a pedestrian bridge above Lonsdale Street, Melbourne,
between the land known as 284 to 310 Lonsdale Street and the land known as 275
to 321 Lonsdale Street.