Victorian Consolidated Legislation

Land (Reservations and other Matters) Act 1999 - SECT 19

Powers to lease car park land

19. Powers to lease car park land



(1) The committee of management of the car park land may grant a lease of that
land or part of that land for the purposes of an underground car park.

(2) The committee of management must not grant a lease under sub-section (1)
unless the Minister administering the Crown Land (Reserves) Act 1978 has, in
writing to the committee, approved the granting of the lease.

(3) The Minister must not approve the granting of a lease under sub-section
(1) unless the Minister is satisfied that, to the extent that the lease
applies to a stratum of land-

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

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

   (c)  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

   (d)  provision has been made (in the lease or otherwise) for any necessary
        rights of passage or provision of services (including drainage,
        sewerage, or the supply of water, gas, electricity or communications
        systems) to or through the stratum, where those rights are reasonably
        necessary for the reasonable enjoyment of the stratum or other land;
        and

   (e)  if the surface of the land above the stratum is a road, the exercise
        of any of the lessee's rights or obligations under the lease will not
        interfere with the public use of that land as a road.

(4) A lease granted under sub-section (1) may be for a term not exceeding 50
years.

(5) A lease granted under sub-section (1)-

   (a)  may contain provision for the term of the lease to be extended one or
        more times, but the aggregate of the initial term and any extensions
        of the term must not exceed 50 years; and

   (b)  may contain provision for a lessee to remain in occupation of the land
        under the same terms and conditions as existed under the lease, at the
        discretion of the lessor, for a period of not more than 3 months from
        the expiry of the lease; and

   (c)  is subject to any covenants, exceptions, reservations and conditions
        that are determined by the committee of management and approved in
        writing by the Minister.

(6) If there is no committee of management of the car park land, the Minister
administering the Crown Land (Reserves) Act 1978 may grant a lease of the
car park land in accordance with this section, subject to any covenants,
exceptions, reservations and conditions that are determined by the Minister.