Victorian Consolidated Legislation

National Parks Act 1975 - SECT 29B

Lighthouse leases-Great Otway National Park

29B. Lighthouse leases-Great Otway National Park



(1) The Minister may lease any part of the Cape Otway lighthouse area for the
purposes of recreation and tourism being recreation and tourism that is
carried out in a manner that is consistent with the conservation of the
heritage values of the area.

(2) A lease under subsection (1)-

   (a)  may provide for the operation of accommodation and facilities to the
        extent consistent with the purposes set out in subsection (1); and

   (b)  must be granted in writing; and

   (c)  must not be for a term of more than 21 years; and

   (d)  is subject to the rent and other charges and terms and conditions
        determined by the Minister.

(3) The coming into operation of section 16(5) of the National Parks (Otways
and Other Amendments) Act 2005 does not affect the existence and operation of
the following leases-

   (a)  the lease between the Minister for Conservation and Environment of the
        State of Victoria and the Commonwealth of Australia dated 1 December
        1995 over the land at Cape Otway, being Crown Allotment 44E, Parish of
        Otway; and

   (b)  the lease between the Minister for Conservation and Environment of the
        State of Victoria and the Australian Maritime Safety Authority, dated
        1 December 1995 over the land at Cape Otway, being Lot 44C on
        Consolidated Plan 116404; and

   (c)  the lease between the Minister for Conservation and Environment of the
        State of Victoria and the Australian Maritime Safety Authority, dated
        1 December 1995 over the land at Cape Otway, being Lot 44D on
        Consolidated Plan 116402; and

   (d)  the lease between the Minister for Conservation and Land Management on
        behalf of the Lighthouse Reserves Committee of Management to Tourism
        Great Ocean Road Pty. Ltd. (ACN 074 746 802) with a commencement date
        of 1 January 1997 over land at Cape Otway and as subsequently varied.

(4) A lease referred to in subsection (3) continues in force, subject to its
terms, for the period of the lease, despite anything to the contrary in this
Act or any other Act.

(5) The lease referred to in subsection (3)(d)-

   (a)  is deemed to be and to always have been granted by the Lighthouse
        Reserves Committee of Management; and

(b) on and from the commencement of this section, is deemed to have effect as
if any reference in the lease to the "Minister" were a reference to the
Minister administering this Act.

(6) In this section Cape Otway lighthouse area means the area shown hatched on
the plan numbered N.P. 111B lodged in the Central Plan Office.