Geelong Lands (Steampacket Place) Act 1996 (Vic)

Version No. 003

Geelong Lands (Steampacket Place) Act 1996

No. 30 of 1996

Version

as at

6 September 2012

table of provisions

Section  Page

1Purpose

2Commencement

3Powers to lease reserved Crown land

4Powers to lease Crown land which is not reserved

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SCHEDULE—Land in Geelong to Which this Act Applies

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 003

Geelong Lands (Steampacket Place) Act 1996

No. 30 of 1996

Version

as at

6 September 2012

Preamble

Further development is being proposed for land on Corio Bay in Geelong.  As part of that process it is now proposed that Crown land in the area of the development be capable of being leased for longer periods and for different purposes from those set out in the Land Act 1958 and the Crown Land (Reserves) Act 1978.

The Parliament of Victoria therefore enacts as follows:

1Purpose

The purpose of this Act is to enable the granting of long term leases for certain land in Geelong.

2Commencement

(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 1 January 1998, it comes into operation on that day.

3Powers to lease reserved Crown land

(1)The manager of any reserved land in the area shown by hatching on the plan in the Schedule may grant a lease of that land for the purposes of the construction or occupation of substantial buildings and works on the land.

(2)The manager must not grant a lease under subsection (1) unless the Minister has approved the granting of the lease in writing to the manager.

(3)The Minister must not approve the granting of a lease under subsection (1) unless the Minister has satisfied himself or herself that—

(a)the lease provides for buildings and works of such a substantial nature and value, and there are other circumstances of the lease which are such as to justify a lease for a term of more 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.

(4)A lease granted under subsection (1) must not be for an initial term of more than 50 years.

(5)A lease granted under subsection (1)—

(a)may contain provision for the term of the lease to be extended one or more times, but—

(i)each extension of the term 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 manager 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 section 13 of the Crown Land (Reserves) Act 1978.

(7)In this section—

manager means—

(a)in the case of reserved land which is managed by Trustees or a Committee of Management, the Trustees or Committee of Management; and

(b)in the case of reserved land which is not managed by Trustees or a Committee of Management, the Minister;

reserved land means land reserved under the Crown Land (Reserves) Act 1978.

4Powers to lease Crown land which is not reserved

(1)The Minister may grant a lease of any Crown land, which is not reserved land, in the area shown by hatching on the plan in the Schedule for the purposes of the construction or occupation of substantial buildings and works on that land for amusement and recreation purposes.

(2)The Minister must not grant a lease under subsection (1) unless he or she is satisfied that the lease provides for buildings and works of such a substantial nature and value, and there are other terms of the lease which are such as to justify a lease for a term of more than 21 years.

(3)A lease under subsection (1) must not be for an initial term of more than 21 years.

(4)A lease granted under subsection (1) may contain—

(a)provision for the term of the lease to be extended one or more times, but—

(i)each extension of the term must not exceed 21 years; and

(ii)the aggregate of the initial term and any extensions of the term must not exceed 50 years; and

(b)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.

(5)This section has effect despite anything to the contrary in the Land Act 1958.

(6)In this section reserved land has the same meaning as in section 3.

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SCHEDULE

Land in Geelong to Which this Act Applies

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ENDNOTES

1.     General Information

Minister's second reading speech—

Legislative Assembly: 12 September 1996

Legislative Council: 9 October 1996

The long title for the Bill for this Act was "to enable the granting of long term leases for certain land in Geelong and for other purposes."

The Geelong Lands (Steampacket Place) Act 1996 was assented to on 22 October 1996 and came into operation as follows:

Sections 1 and 2 on 22 October 1996: section 2(1); rest of Act on 1 January 1998: section 2(3).

2.     Table of Amendments

There are no amendments made to the Geelong Lands (Steampacket Place) Act 1996 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.