Victorian Numbered Acts Victorian Numbered Acts(1) For section 17B(1) of the Crown Land (Reserves) Act 1978 substitute —
"(1) Despite anything in this Act and despite any regulations made under section 13 relating to the land concerned, if land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the written approval of the responsible Minister under subsection (3), for any purpose approved by the responsible Minister—
(a) grant licences to enter and use any portion of the land or any building on the land for a period not exceeding 10 years; and
(b) enter into agreements to operate services and facilities on the land for a period not exceeding 10 years; and
(c) enter into tenancy agreements with persons to erect buildings and other structures and any such agreement—
(i) must be for a specific term which must not exceed 10 years; and
(ii) must be subject to termination at any time by direction of the responsible Minister; and
(iii) may provide that the trustees or the committee (as the case may be) requires the tenant to undertake the removal of the building or structure and the clearing of the site to the satisfaction of the trustees or committee on the expiry or termination of the agreement.
(1A) If there are no trustees or committee of management of land reserved under section 4, the responsible Minister may—
(a) grant licences to enter and use any portion of the land or any building on the land for a period not exceeding 10 years; and
(b) enter into agreements to operate services and facilities on the land for a period not exceeding 10 years; and
(c) enter into tenancy agreements with persons to erect buildings and other structures and any such agreement—
(i) must be for a specific term which must not exceed 10 years; and
(ii) must be subject to termination at any time by direction of the responsible Minister; and
(iii) may provide that the responsible Minister requires the tenant to undertake the removal of the building and the clearing of the site to the satisfaction of the responsible Minister on the expiry or termination of the agreement.".
(2) In section 17B(2) of the Crown Land (Reserves) Act 1978 , for "Subsection (1)" substitute "Subsections (1) and (1A)".
(3) In section 17B(2)(a) of the Crown Land (Reserves) Act 1978 , for "paragraph (l), (m), (n), (o), (w) or (ze) of subsection (1) of section 4" substitute "section 4(1)(l), (m), (n), (o), (w) or (ze)".
(4) For section 17B(2)(a)(i) of the Crown Land (Reserves) Act 1978 substitute —
"(i) the land is subject to an accepted recommendation and the granting of a licence under subsection (1)(a) or (1A)(a) or entering into of an agreement under subsection (1)(b) or (c) or (1A)(b) or (c) is consistent with the accepted recommendation; or".
(5) In section 17B(2)(a)(ii) of the Crown Land (Reserves) Act 1978 , for "recommendation of a kind referred to in subparagraph (i)" substitute "accepted recommendation".
(6) After section 17B(3) of the Crown Land (Reserves) Act 1978 insert —
"(3A) The Minister must not grant a licence or enter into an agreement under subsection (1A) unless—
(a) in the case of land referred to in subsection (2)(a)(ii), the Minister—
(i) is satisfied that there are special reasons which make granting the licence or entering into the agreement reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; and
(ii) makes a written statement of the Minister's satisfaction of the matters referred to in subparagraph (i); or
(b) in the case of any other land, the Minister is satisfied that the purpose for which the licence is to be granted or the agreement entered into is not detrimental to the purpose for which the land is reserved.".
(7) For section 17B(4) of the Crown Land (Reserves) Act 1978 substitute —
"(4) A licence entered into under subsection (1)(a) or (1A)(a) or an agreement entered into under subsection (1)(b) or (c) or (1A)(b) or (c) is subject to any terms and conditions determined by the trustees or committee of management and approved by the Minister or, where there are no trustees or committee of management, determined by the Minister.".
(8) In section 17B(5) of the Crown Land (Reserves) Act 1978 , after "subsection (1)" insert "or (1A)".
(9) In section 17B(6) of the Crown Land (Reserves) Act 1978 , after "subsection (1)" insert "or (1A)".