Victorian Consolidated Legislation

Land (St Kilda Triangle) Act 2006 - SECT 12

Powers to lease St Kilda triangle land

12. Powers to lease St Kilda triangle land



(1) The committee of management of the St Kilda triangle land may grant a
lease of that land for the purpose of the construction or use of buildings,
works, facilities or public open space for retail, tourism, entertainment,
commercial or cultural purposes.

(2) The committee of management must not grant a lease under subsection (1)
unless the Minister has, in writing to the committee, approved the granting of
the lease.

(3) The Minister must not approve the granting of a lease under subsection (1)
unless the Minister has satisfied himself or herself that-

   (a)  if the lease is granted before the buildings, works or facilities
        proposed for the land are built, the lease includes a covenant
        requiring the construction of buildings, works and facilities for
        retail, tourism, entertainment, commercial or cultural purposes and
        that the buildings, works or facilities are of such a substantial
        nature and value as to justify the term of the lease; and

   (b)  if the lease includes a stratum of land-

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

   (ii) the granting of the lease will 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 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.

(4) A lease granted under subsection (1) must not be for an initial term of
more than 50 years.

(5) A lease granted under subsection (1)-

   (a)  may provide for the term of the lease to be extended one or more
        times, but-

   (i)  each extension of the lease must not exceed 21 years; and

   (ii) the aggregate of the initial term and any extensions of the term must
        not exceed 99 years; and

   (b)  may provide 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 by the
        Minister.

(6) This section has effect despite anything to the contrary in the
Land Act 1958, the Crown Land (Reserves) Act 1978 or regulations made under
the Crown Land (Reserves) Act 1978.