Emerald Tourist Railway (Amendment) Act 2003 (Vic)

Emerald Tourist Railway (Amendment) Act 2003

ts	Act No. 92/2003
n
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m	TABLE OF PROVISIONS

u Section Page

c	1.	Purpose	1
o	2.	Commencement	2
D	3.	Amendment of purposes	2
ry	4.	Grants of leases, licences and easements	3
5.	New sections 41A and 41B inserted	3
ta	41A.	Grants of leases for up to 50 years	3
41B.	Power to enter and use land	4

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m	ENDNOTES	6
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c
o	Victoria
D
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n	No. 92 of 2003
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rl	Emerald Tourist Railway (Amendment)
a	Act 2003†
P

[Assented to 25 November 2003]

d
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ti	The Parliament of Victoria enacts as follows:
la
is	1. Purpose
g
e	The main purpose of this Act is to provide for the
L	Emerald Tourist Railway Board to lease vested
n	Crown land for periods of up to 50 years with the
a	approval of the Minister to facilitate the
ri	development, construction and management of
to	tourist facilities.
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Emerald Tourist Railway (Amendment) Act 2003

s. 2

Act No. 92/2003

2. Commencement

This Act comes into operation on the day after the

ts	day on which it receives the Royal Assent.
n	3. Amendment of purposes

e	See:	(1) For section 3(1)(b) of the Emerald Tourist
m	Act No.

9020.	Railway Act 1977 substitute—
u	Reprint No. 1
c	as at	"(b) may carry out other related operations which
o	1 January

are consistent with the operations of that

D	1995
and railway as a major tourist attraction,
ry	amending
Act Nos including, but not limited to—
ta	46/1998 and

(i) the provision of maintenance and

74/2000.

n	LawToday:

consultancy services to other railway

e	dpc.vic.	operations; and
gov.au

m	(ii) the development, construction and
ia	management of tourist facilities.".
rl	(2) After section 3(1) of the Emerald Tourist
a
P	Railway Act 1977 insert—
d	'(1A) For the purposes of sub-section (1)(b) and
n	section 41 "tourist facilities" includes—
a	(a) tourist accommodation;
n
o	(b) interpretation centres and convention
ti	centres;
la	(c) cafes, restaurants and licensed premises
is	within the meaning of the Liquor
g	Control Reform Act 1998;
e
L	(d) shops;
n	(e) carparks;
a
ri	(f) other related facilities.'.
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Emerald Tourist Railway (Amendment) Act 2003

s. 4

Act No. 92/2003

4. Grants of leases, licences and easements

For section 41(1)(a) of the Emerald Tourist

ts	Railway Act 1977 substitute—
n	"(a) a lease—
e

(i) of any tourist facilities, shed, office,

m

u	house or other building or part of a
c	building;
o	(ii) of any site for the erection of any
D	tourist facilities, shed, office, house or
ry	other building or part of a building;
ta	(iii) for storage purposes;
n	(iv) for other purposes including, but not
e	limited to, the development,
m	construction and management of any
ia	tourist facilities, shed, office, house or
rl	other building or part of a building;".
a	5. New sections 41A and 41B inserted
P
d	After section 41 of the Emerald Tourist Railway
n	Act 1977 insert—
a	"41A. Grants of leases for up to 50 years
n
o	(1) This section and section 41B have effect
ti	despite anything to the contrary in the Land
la	Act 1958 or the Crown Land (Reserves)
is	Act 1978.
g	(2) The Board must not grant a lease under
e	section 41(1)(a) for a period exceeding
L	21 years unless the Minister, in writing to the
n	Board, has approved the granting of the
a
ri	lease.
to	(3) A lease granted under section 41(1)(a) for a

period exceeding 21 years must not be for a

ic	period exceeding 50 years.
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Emerald Tourist Railway (Amendment) Act 2003

s. 5

Act No. 92/2003

(4) A lease granted under section 41(1)(a) for a

period exceeding 21 years—

ts	(a)	may contain provision for the period of
n	the lease to be extended one or more
e	times, but the aggregate of the initial
m	period and any extensions must not
u	exceed 50 years; and

c	(b) may contain provision for a lessee to
o	remain in occupation of the land under
D	the same terms and conditions as
ry	existed under the lease, at the discretion
ta	of the lessor, for a period of not more
than 3 months from the expiry of the
n
e	lease; and
m	(c) is subject to any covenants, exceptions,
ia	reservations and conditions that are
rl	determined by the Board and approved
a	in writing by the Minister.
P	41B. Power to enter and use land
d	(1) If a lease of land is granted under section
n
a	41(1)(a) the lessee, its servants or agents may, in accordance with that lease, enter and
n	use the land for the purposes of—
o
ti	(a) carrying out the construction of the
la	facilities or buildings referred to in
is	section 41(1)(a) on the land; and
g	(b) carrying out the construction of
e	structures ancillary but related to those
L	facilities or buildings on the land; and
n
a	(c) altering, repairing, maintaining and
ri	removing those facilities, buildings or
to	structures; and

ic	(d)	developing or managing the facilities,
V	buildings or structures.

Emerald Tourist Railway (Amendment) Act 2003

s. 5

Act No. 92/2003

(2) Sub-section (1) does not apply unless written

consent to the entry or use has been obtained

ts	from the Board.".
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Emerald Tourist Railway (Amendment) Act 2003

Endnotes

Act No. 92/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 16 October 2003
e
Legislative Council: 6 November 2003
m
u	The long title for the Bill for this Act was "to amend the Emerald
c	Tourist Railway Act 1977 to provide for the Emerald Tourist Railway
o	Board to lease vested Crown land for up to 50 years with the approval of
D	the Minister and for other purposes."
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