Victorian Consolidated Legislation

Lands (Charitable Trusts) Act 1951 - SECT 2

Power of trustees of land to lease the land in certain cases

2. Power of trustees of land to lease the land in certain cases



(1) Unless expressly prohibited by the trust instrument, the trustees of any
land referred to in the Schedule to this Act may, with the consent in writing
of the Attorney-General and subject to this Act, from time to time lease such
land or any portion thereof for a term of not more than ninety-nine years to
any municipality or to the Returned Sailors' Soldiers' and Airmen's Imperial
League of Australia or any branch or sub-branch thereof or to any body
approved for the purpose by the Attorney-General.

(2) The Attorney-General shall not so consent to any such lease unless he is
satisfied that there will be satisfactory facilities available for the
continued use of the land for the charitable purposes for which it is used.

(3) Every such lease-

   (a)  shall contain such provisions-

   (i)  requiring the lessee to effect improvements on the land; and

   (ii) to ensure the continued use of the land for the charitable purposes
        for which it is used- as the Attorney-General in the circumstances of
        the case considers expedient;

   (b)  may provide that the rent shall be such rent (whether the full
        economic rent or a nominal rent or otherwise) as with the approval of
        the Attorney-General is specified in the lease; and

   (c)  shall contain such other provisions as the Attorney-General in the
        circumstances of the case considers expedient.