Victorian Numbered Acts Victorian Numbered ActsAfter section 19F of the Principal Act insert —
(1) Subject to this Act, after consulting the National Parks Advisory Council, the Minister may grant a lease to a person of any land that is described in a Schedule to this Act other than—
(a) a wilderness park described in Schedule Two A;
(b) a wilderness zone described in Schedule Five;
(c) a remote and natural area described in Schedule Six;
(d) a designated water supply catchment area;
(e) a natural catchment area described in Schedule 2 to the Heritage Rivers Act 1992 that is located in a park;
(f) a reference area.
(2) A lease under subsection (1)—
(a) must be granted in writing; and
(b) is subject to any rent or other charges and terms and conditions determined by the Minister; and
(c) must not be for a term of more than 21 years.
(3) The purpose of a lease under subsection (1)—
(a) must be consistent with the objects of this Act in relation to the land; and
(b) may be for the occupation of buildings or the construction and occupation of buildings, including buildings providing accommodation, but not for the purpose of industrial or residential use.
(4) For the purposes of subsection (2)(b), the Minister must ensure that the lease is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the lease.
(1) Before determining whether to give in-principle approval in relation to a proposal to grant a lease under section 19I, the Minister must publish a notice in a daily newspaper circulating generally throughout Victoria and in a newspaper circulating generally in the area in which the land that may be the subject of the lease is situated that—
(a) describes, in general terms, the proposal to grant a lease under section 19I for a particular use, development, improvements or works; and
(b) states that persons who, or bodies that, may be affected by the proposal may make submissions to the Minister in relation to the proposal; and
(c) states that the submissions must be made on or before the date specified in the notice, being a date at least 28 days after the date on which the notice is published.
(2) The Minister must take into account any submissions made in relation to the proposal which were received on or before the date specified in the notice.
(3) The Minister may take into account any other information provided by the Secretary or any other person or body.
(4) The Minister may give in-principle approval in relation to the proposal to grant a lease if the Minister is satisfied that it would be appropriate to grant a lease under section 19I.
(5) The in-principle approval—
(a) must be given in writing; and
(b) may be subject to any conditions that the Minister determines are appropriate.
(6) Despite giving in-principle approval under this section, the Minister is not required to grant a lease under section 19I.
(1) Subject to this Act, the Minister may grant a
lease for a term of more than 21 years but not exceeding 99 years of any land
that may be leased under section 19G if the Minister—
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(a) has consulted the National Parks Advisory Council; and
(b) has given in-principle approval in relation to the proposal to grant a lease in accordance with section 19H; and
(c) is satisfied that—
(i) the proposed use, development, improvements or works that are to be the subject of the lease are of a substantial nature and of a value which justifies a longer term lease; and
(ii) the granting of a longer term lease is in the public interest.
(2) Section 19G(2)(a) and (b), (3) and (4) apply to a lease granted under this section.
(1) For the purposes of granting a lease of land under section 19G or 19I, the Minister may enter into an agreement to lease that land if the Minister has not yet entered into the lease.
(2) An agreement to lease land under
subsection (1)—
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(a) must be subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the agreement; and
(b) may be subject to any other conditions that must be met before a lease is granted under section 19G or 19I.
(3) If the Minister enters into an agreement to lease land under subsection (1) and the agreement to lease gives a right to occupy the land for a period of time, the aggregate of that period and the term of any lease granted consequently must not exceed—
(a) 21 years, in the case of a lease granted under section 19G; or
(b) 99 years, in the case of a lease granted under section 19I.
(1) If a lease is granted to a person under section 19G or 19I, the Minister may grant the person a licence to use any land, building, improvements or works in the vicinity of, or connected with, the land that is subject to the lease.
(2) A licence under subsection (1) may be granted—
(a) at the same time as the lease to which it relates is granted; or
(b) after the lease to which it relates is granted.
(3) A licence under subsection (1)—
(a) must be for the same or a related purpose for which the land is leased; and
(b) must be granted in writing; and
(c) may be for the whole or part of the term of the lease; and
(d) is subject to any fees and other charges and terms and conditions determined by the Minister.
(4) For the purposes of subsection (3)(d), the Minister must ensure that the licence is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the licence.".