Victorian Current Acts Victorian Current Acts(1) In this section "lease" includes an agreement, licence or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease and sub-lease has a corresponding meaning.
(2) Section 207 does not affect the status or continuity of any lease of land specified in Part 2 of Schedule 3C and existing immediately before the commencement of section 19 of the Electricity Industry (Further Amendment) Act 1995 and that lease has effect—
(a) as a lease between the Minister administering the Land Act 1958 as lessor and the lessee for the time being under the lease, as if it had been assigned to the Minister; and
(b) as if it referred to the Minister instead of to the lessor (however described).
(3) Section 207 does not affect the status or continuity of any sub-lease existing over the land affected by a lease specified in Part 2 of Schedule 3C at the date of commencement of section 19 of the Electricity Industry (Further Amendment) Act 1995 .
(4) Subject to subsection (5), the issue of a Crown grant of any land affected by a lease specified in Part 2 of Schedule 3C and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grant—
(a) as a lease between the person to whom the Crown grant is made as lessor and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and
(b) as if the lease referred to the person to whom the Crown grant is made instead of to the lessor (however described).
(5) If more than one Crown grant is issued of any land affected by a lease specified in Part 2 of Schedule 3C and existing immediately before the date of issue of the Crown grants, the issue of the Crown grants does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grants—
(a) as a lease between the persons to whom the respective Crown grants are made as joint lessors and the lessee for the time being under the lease, as if it had been assigned jointly to the persons to whom the respective Crown grants are made; and
(b) as if the lease referred to the persons to whom the respective Crown grants are made instead of to the lessor (however described).
(6) The issue of a Crown grant in respect of any land affected by a lease specified in Part 2 of Schedule 3C does not affect the status or continuity of any sub-lease existing over that land at the time of the issue of the Crown grant in respect of that land.
(7) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.
(8) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease.
S. 209
inserted by No. 79/1995 s. 19, repealed by No. 11/2024
s. 75.
* * * * *
S. 209A inserted by No. 69/2000 s. 16.