Victorian Current Acts Victorian Current ActsS. 93G(1)
substituted by No. 50/1998
s. 23(1).
(1) The Governor in Council, on behalf of the Crown, subject to and in accordance with the Extension Agreement, may grant a lease of any Crown land—
(a) which forms part of the Extension road; or
(b) upon which there are works ancillary to the Extension road—
to any person or persons entitled to such a lease in accordance with the Extension Agreement.
S. 93G(1A) inserted by No. 50/1998
s. 23(1).
(1A) In a lease under subsection (1), the Governor in Council may impose conditions, having regard, among other things, to the following matters in relation to a stratum of Crown land—
(a) that reasonable access to and use of the stratum and other land be provided for; and
(b) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and
(c) that the rights of support of the stratum or of other land or of any building or other structure erected or to be erected on those lands be provided for; and
(d) that the making or maintenance of improvements by the lessee be provided for; and
(e) that any necessary rights for the passage or provision of services (including drainage, sewerage or the supply of gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or of other land be provided for.
S. 93G(1B) inserted by No. 75/2010 s. 9(1).
(1B) The Governor in Council, on behalf of the Crown, subject to and in accordance with the terms of the Extension Agreement and on the recommendation of the Minister, may ratify or give effect to the partial surrender by the lessee of a lease granted under subsection (1), if the lessee has the consent of any mortgagee and the holder of any charge over the lease.
S. 93G(2) amended by No. 50/1998
s. 23(2).
(2) The granting of a lease under this section of a stratum of land is conclusive proof of compliance with subsection (1A)(a), (b), (c), (d) or (e) with respect to the lease.
S. 93G(3) repealed by No. 102/1998 s. 27, new s. 93G(3) inserted by No. 75/2010 s. 9(2).
(3) Despite the partial surrender of a lease ratified or given effect to under subsection (1B)—
(a) any declaration under section 93H(1); and
(b) any toll zone specified under section 71(1)—
made or specified in relation to leased land continues in operation in relation to any part of the leased land that is not surrendered.
S. 93G(3A) inserted by No. 75/2010 s. 9(2).
(3A) For the avoidance of doubt, the partial surrender of a lease ratified or given effect to under subsection (1B) does not constitute the surrender in full of that lease and does not affect the operation of the lease in relation to any part of the leased land that is not surrendered.
S. 93G(4) amended by No. 50/1998
s. 23(3).
(4) The lessee may only mortgage, charge, assign or otherwise encumber the lessee's interest in the lease in accordance with the terms of the Extension Agreement.
S. 93G(5) substituted by No. 50/1998
s. 23(4).
(5) The term of the lease must be in accordance with the Extension Agreement.
(6) A lease may be amended at any time with the consent of the lessee.
S. 93G(7) amended by No. 50/1998
s. 23(5).
(7) A lease may be—
(a) terminated before the end of the term of the lease; or
(b) renewed—
in accordance with the Extension Agreement.
S. 93GA inserted by No. 102/1998 s. 28, amended by No. 74/2000 s. 3(Sch. 1 item 80), repealed by No. 81/2000 s. 26(3).
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S. 93H inserted by No. 39/1997 s. 6, substituted by No. 102/1998 s. 29.