Victorian Consolidated Legislation

Land Act 1958 - SECT 55

Conditions in perpetual lease

55. Conditions in perpetual lease



(1) Every perpetual lease shall be issued by the Governor in Council, and
shall contain the following conditions namely-

   (a)  a condition for the payment in advance of the yearly rent;

   (b)  a condition that the perpetual lessee shall at once and to the
        satisfaction of the Minister commence and continue to eradicate or
        control and will within two years after the issue of the perpetual
        lease have eradicated or controlled to the satisfaction of the
        Minister the pest animals upon the land demised, and that the lessee
        will keep the land free of pest animals and noxious weeds within the
        meaning of the Catchment and Land Protection Act 1994 to the
        satisfaction of the Minister;

   (c)  a condition that the perpetual lessee shall within six years from the
        issue of the perpetual lease if not sooner called upon under the
        provisions of the Fences Act 1968 enclose the land demised with a
        fence and keep the same in repair provided however that where any
        lessee proves to the satisfaction of the Minister that owing to the
        physical conditions or the nature of the land demised the enclosing
        thereof with a fence would be impracticable or where in the opinion of
        the Minister the fencing of the whole or any part of the land demised
        is not required, the Minister may in writing accept as a compliance
        with the fencing covenant the expenditure by the lessee on such land
        for substantial and permanent improvements previously approved by the
        Minister of an amount equivalent in the Minister's opinion to the cost
        of fencing;

   (d)  a condition that the perpetual lessee his executors administrators or
        assigns shall within six months after the granting of the perpetual
        lease reside upon the land demised or within nine kilometres thereof
        and that he shall reside upon the land demised or within nine
        kilometres thereof for at least six months during the first year of
        the term of such lease and for at least eight months during each of
        the second third fourth and fifth years of such term, provided that if
        he cultivates at least one-fourth of the land demised within the first
        two years of such term and at least one-half thereof before the end of
        the fourth year of such term this condition as to residence shall not
        operate;

   (e)  a condition that the perpetual lessee shall on the land demised make
        substantial and permanent improvements certified in writing signed by
        the Minister not exceeding the value of $2.50 for every hectare of the
        said land before the end of the third year from the commencement of
        the lease, and not exceeding the value of $2.50 for every hectare
        before the end of the sixth year from such commencement;





   (f)  a condition that the lease shall be voidable at the will of the
        Governor in Council in the event of any breach of or non-compliance
        with the covenants or conditions thereof by the perpetual lessee5;

   (g)  a condition that the perpetual lessee will not transfer assign
        mortgage sublet or part with the possession of the whole or any part
        of the land demised within the first six years of such lease. Where
        any lease is assigned to any person by the trustee assignee or
        receiver in bankruptcy or the executors or administrators of the
        lessee such lessee not having personally resided on the land demised
        pursuant to the conditions of the lease or no proof satisfactory to
        the Minister being given of such residence the Governor in Council may
        date such assigned lease so as to enable the new lessee to comply with
        the said condition of residence contained in the lease and may make
        such adjustments of rent as are necessary and the said lease shall be
        read and construed accordingly;

   (h)  a condition that if any time after the expiration of the first six
        years of such lease the Minister is satisfied that all the covenants
        and conditions thereof have been complied with and that no rent is due
        thereon the perpetual lessee may with the written consent of the
        Minister transfer mortgage sublet or part with the possession of the
        whole or any part of the land demised; and

        (i)    a condition that the Governor in Council or the Minister may at
               any time enter upon the whole or portion of the land demised
               for the purpose of resuming any land comprised therein and
               required for reserves for public purposes roads railways canals
               reservoirs or for mining purposes. Every perpetual lessee shall
               upon such entry remove any improvements from his leasehold or
               part thereof and relinquish and give up possession of the said
               leasehold or part to Her Majesty. There shall be paid by Her
               Majesty the actual cost of removing and re-erecting, and any
               actual depreciation in value caused by such removal and
               re-erection of his improvements and the amount of loss
               sustained in consequence of relinquishing improvements not
               removable. Such cost or amount shall be fixed by the Minister
               but shall not include compensation for severance or for any
               person's interest in the perpetual lease and may be paid to
               such person or persons as the Minister determines.

(2) Every perpetual lease shall also be subject to such conditions as may be
provided by regulations.