Victorian Consolidated Legislation

National Parks Act 1975 - SECT 30AA

Lease or licence to a generation company-Alpine National Park

30AA. Lease or licence to a generation company-Alpine National Park





(1) The Minister may grant or renew a lease or licence to a generation company
of any area of land in the park described in Part 37 of Schedule Two which is
used for the purposes of the generation of electricity for supply or sale.

(2) A lease or licence under subsection (1)-

   (a)  must be granted in writing; and

   (b)  is subject to any terms and conditions determined by the Minister.



(3) A lease under subsection (1) may be granted-

   (a)  without being limited to a particular stratum of land; or

   (b)  for a stratum of land.

(4) The Minister must not grant a lease under subsection (1) for a stratum of
land unless he or she is satisfied that-

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

   (b)  the granting of the lease would 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 lessee 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 for the passage or provision of services (including drainage,
        sewerage, or the supply of water, gas, electricity or telephone) to or
        through the stratum, where those rights are necessary for the
        reasonable enjoyment of the stratum or other land.

(5) The granting under subsection (1) of a lease of a stratum of land is
conclusive proof of compliance with subsection (4) in respect of the lease.

(6) In this section, generation company has the same meaning as in the
Electricity Industry Act 2000.