Victorian Current Acts Victorian Current Acts(1) The Trust may grant a lease of the Melbourne Sports and Aquatic Centre land or any part (including a stratum) of that land for any of the purposes described in section 24(1).
S. 25B(2) amended by No. 28/2024 s. 51.
(2) Subject to section 23B, the Trust may only grant a lease under subsection (1) with the approval of the Minister.
(3) The Minister must not approve the granting of a lease under subsection (1) unless the Minister is satisfied that, to the extent that the lease applies to a stratum of land—
(a) the lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and
(b) the granting of the lease will not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and
(c) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and
(d) provision has been made (in the lease or otherwise) for any necessary rights of passage or provision of services (including drainage, sewerage or the supply of water, gas, electricity or communications systems) to or through the stratum, where those rights are reasonably necessary for the reasonable enjoyment of the stratum or other land; and
(e) if the surface of the land above the stratum is a road, the exercise of any of the lessee's rights or obligations under the lease will not interfere with the public use of that land as a road.
(4) A lease granted under subsection (1) may be for a term not exceeding 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 the aggregate of the initial term and any extensions of the term must not exceed 50 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 Trust and approved in writing by the Minister.
(6) This section has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978 .
S. 25C inserted by No. 70/2004 s. 8.