Victorian Current Acts Victorian Current Acts(1) Despite section 17B(1), where land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the approval in writing of the Minister given in accordance with subsection (6), grant a licence under section 17B(1) if the proposed licensee is leasing—
(a) land adjacent to the land in respect of which the licence may be granted; and
(b) the adjacent land is under the management of the trustees or committee of management.
(2) A licence granted under subsection (1) may be for a period not exceeding whichever is the lesser of the following—
(a) 21 years;
(b) the term of the lease granted in respect of the adjacent land.
S. 17BAA(3) substituted by No. 19/2018 s. 90(1).
(3) If, despite section 17B(1A), there are no trustees or committee of management of land reserved under section 4, the Minister may, in accordance with subsection (6), grant a licence under section 17B(1A) if the proposed licensee is leasing land adjacent to the land in respect of which the licence may be granted.
(4) A licence granted under subsection (3) may be for a period not exceeding whichever is the lesser of the following—
(a) 21 years;
(b) the term of the lease granted in respect of the adjacent land.
S. 17BAA(5) amended by No. 19/2018 s. 90(2).
(5) The trustees or committee of management in granting a licence under subsection (1), or the Minister in granting a licence under subsection (3), must be satisfied that a licence term longer than 10 years is necessary to ensure the proposed licensee has continued use of the land in respect of which the licence would be granted for the duration of the lease for the adjacent land.
S. 17BAA(6) substituted by No. 19/2018 s. 90(3).
(6) The Minister must not give approval under subsection (1), or grant a licence under subsection (3), unless the Minister is satisfied that the purpose for which the licence is to be granted is not detrimental to the purpose for which the land is reserved.
S. 17BA inserted by No. 48/1996 s. 25, amended by Nos 69/2000 s. 48(1), 19/2018 s. 91.