9Lease of land to a generation company

9 Lease of land to a generation company

(1) The Minister may grant or renew a lease to a generation company of any area of land in the Falls Creek Alpine Resort which is used for the purposes of the generation of electricity for supply or sale.

(2) A lease under subsection (1)—

(a) must be granted in writing; and

(b) is subject to the terms and conditions determined by the Minister.

(3) A lease under subsection (1) may be granted—

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

(b) for a stratum of land.

(4) The Minister must not grant a lease under subsection (1) for a stratum of land unless he or she is satisfied that—

(a) each 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 would 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 the land; and

S. 9(4)(d) amended by No. 39/2006 s. 13.

(d) provision has been made (in the lease or otherwise) for any necessary rights for the 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.

(5) The granting under subsection (1) of a lease of a stratum of land is conclusive proof of compliance with subsection (4) in respect of the lease.

S. 9(6) amended by No. 69/2000 s. 46(1).

(6) In this section generation company has the same meaning as in the Electricity Industry Act 2000.