8ALicence for strata of land

8A Licence for strata of land

S. 8A(1) amended by No. 9/2022 s. 13(1).

(1) A licence granted by Alpine Resorts Victoria over land that is in an alpine resort may be granted—

(a) without being limited to a particular stratum; or

(b) for a stratum of Crown land.

S. 8A(2) amended by No. 9/2022 s. 13(2).

(2) A licence for a stratum of land in an alpine resort must not be granted unless Alpine Resorts Victoria in granting the licence—

(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) the licensee can obtain reasonable access to and use of the land to be licensed; and

(ii) the granting of the licence would not interfere with the exercise of rights under any other licence for a stratum or for land.

(3) The matters which must be taken into account under subsection (2)(b)(i) include but are not limited to the following—

(a) the fact that the stratum is to be used as a crossing over or tunnel under the surface of the land, for the purpose of passing between 2 pieces of land owned or occupied by the applicant for the licence;

(b) the fact that the stratum is to be used as a crossing over or tunnel under the surface of land and that the licensee has obtained rights of access to neighbouring land sufficient to enable the licensee to use the crossing or tunnel, whether those rights are interests in land or are created by agreement or otherwise;

(c) if the licensee proposes to erect a building or structure, the fact that provision has been made for the support of the building or structure, whether by the creation of proprietary interests or rights under an agreement, or in any other way.

(4) A licence over a stratum of land in an alpine resort may be granted—

(a) over or under land that is—

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

(ii) proclaimed as a road or public highway under an Act; or

(iii) reserved as a road; or

(iv) constructed or used as road in the resort—

but not on the level at which the road has been constructed; or

S. 8A(4)(b) amended by No. 49/2019 s. 186(Sch. 4 item 2.3).

(b) over or under land that is a freeway or an arterial road within the meaning of the Road Management Act 2004, if the consent of the Head, Transport for Victoria has first been obtained, but not on the level at which the freeway or arterial road has been constructed.