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Emerald Tourist Railway (Amendment) Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
General
The purpose of the Bill is to enable the Emerald Tourist Railway Board to
lease vested Crown land for periods of up to 50 years with the approval of the
Minister, in order to facilitate the development, construction and management
of tourist facilities associated with the Puffing Billy Railway.
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 provides for the Bill to come into operation on the day after the
day it receives the Royal Assent.
Clause 3 amends the purposes of the Emerald Tourist Railway Board.
Sub-clause (1) substitutes a new section 3(1)(b) of the Emerald
Tourist Railway Act 1977 to clarify that the operations which
can be carried out by the Board include the development,
construction and management of tourist facilities.
Sub-clause (2) inserts a new section 3(1A) into the Act to
describe the types of facilities included in the definition of
"tourist facilities" in sections 3(1)(b) and 41 of the Act.
Clause 4 substitutes a new section 41(1)(a) of the Emerald Tourist
Railway Act 1977 to clarify and update the purposes for which
the Board can grant leases. These include the development,
construction and management of tourist facilities.
Clause 5 inserts new sections 41A and 41B into the Emerald Tourist
Railway Act 1977.
Section 41A provides that, despite anything to the contrary in the
Land Act 1958 or the Crown Land (Reserves) Act 1978, the
Board may grant leases of vested Crown land for a period of up
to 50 years. A lease exceeding 21 years cannot be granted by the
Board unless approved by the Minister.
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551096 BILL LA CIRCULATION 16/10/2003
The section also specifies that a lease exceeding 21 years:
· may be extended but the aggregate of the initial lease
Victorian Legislation and Parliamentary Documents
period and extensions must not exceed 50 years;
· may allow the lessee, at the lessor's discretion, to
continue to occupy the land for up to 3 months after
expiry of the lease; and
· is subject to any covenants, reservations and conditions
determined by the Board and approved in writing by the
Minister.
Section 41B ensures that if a lease is granted under section
41(1)(a) and written consent is obtained from the Board, the
lessee and any of its agents or sub-contractors can enter and use
the land for the purpose of carrying out construction, repair,
maintenance and removal works.
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