7ALeasing of land in strata

7A Leasing of land in strata

(1) A lease under section 7 may be granted—

(a) without being limited to a particular stratum of any land in the resort; or

(b) for a stratum of land in the resort.

S. 7A(2) amended by No. 9/2022 s. 12(1).

(2) Alpine Resorts Victoria must not grant a lease under section 7 for a stratum of land in the resort unless Alpine Resorts Victoria—

(a) has first consulted the Minister administering the Planning and Environment Act 1987, where a planning scheme applies to the stratum; and

(b) is satisfied that—

(i) each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

(ii) the granting of the lease would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and

(iii) 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

(iv) 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 necessary for the reasonable enjoyment of the stratum or other land.

S. 7A(3) amended by No. 9/2022 s. 12(2).

(3) In determining whether the requirements of subsection (2)(b)(i), (iii) and (iv) are met the matters which Alpine Resorts Victoria may take into account include, but are not limited to, any of the following—

(a) the fact that the proposed lessee is the owner, lessee or occupier of land that can be used for access to or support of the stratum or for the provision of services to the stratum or through it to other land;

(b) the fact that the lessee has obtained rights over neighbouring land sufficient to provide access to or support of the stratum, or for the provision of services to the stratum or through it to other land whether, those rights are proprietary interests or not, and however they are created;

(c) the extent to which the rights referred to in paragraph (b) are capable of being enjoyed by the lessee's successors in title.

(4) The granting under this subdivision of a lease of a stratum of Crown land is conclusive proof of compliance with subsection (2) in respect of the lease.

(5) A lease under section 7 may be granted for a stratum of Crown land—

(a) over or under land that is—

(i) shown as a road on a map or plan kept in the Central Plan Office; or