Victorian Consolidated Legislation

Melbourne Lands (Yarra River North Bank) Act 1997 - SECT 4

Powers to lease aquarium site land

4. Powers to lease aquarium site land





(1) The committee of management of any aquarium site land may grant a lease of
that land or part of that land for the purpose of the construction or
occupation of an aquarium and substantial buildings or works for related
retail, tourism or commercial purposes on the land.

(2) The committee of management must not grant a lease under sub-section (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 sub-section
(1) unless the Minister has satisfied himself or herself that-

   (a)  if the lease is granted before the buildings and works proposed for
        the land have been built, the lease includes a covenant requiring the
        construction of an aquarium and substantial buildings or works for
        related retail, tourism or commercial purposes and that the buildings
        and works which are the subject of the covenant are of such a nature
        and value as to justify a lease of longer than 21 years; and

   (b)  if the lease is for a purpose other than the purpose for which the
        land is reserved, the lease is not detrimental to the purpose for
        which the land is reserved; and

   (c)  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 sub-section (1) must not be for an initial term of
more than 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-

   (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 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 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.