128KPowers over Crown land

128K Powers over Crown land (1) For the purposes of the Melbourne Casino project, the Minister has the following powers over any part of the Melbourne Casino area or the temporary casino site that is Crown land— (a) to develop or use the land; (b) to construct, extend, realign or relocate roads. S. 128K(2) amended by No. 46/1998 s. 7(Sch. 1). (2) For the purposes of the Melbourne Casino project the Minister may grant leases, licences, rights, or privileges over Crown land in the Melbourne Casino area or the temporary casino site on any terms and conditions (including the payment of rents and fees) that the Minister thinks fit. (3) Subject to this section, the provisions of the **Land Act 1958** relating to leases and licences under subdivisions 1 and 2 of Division 9 of Part I of that Act apply to leases and licences under this section. (4) Section 138(2) of the **Land Act 1958** does not apply to a licence under this section. (5) Section 138A of the **Land Act 1958** applies to a licence under this section for a stratum of Crown land as if— (a) subsection (2) referred to a licence under this section instead of a licence under section 138; (b) in subsection (3)(b)(ii) after "this Act" there were inserted "or Division 3 of Part 9A of the **Casino Control Act 1991**"; (c) in subsection (5) for "section 138(2)" there were substituted "anything to the contrary in any Act"; S. 128K(5)(d) amended by No. 12/2004 s. 150. (d) after subsection (5) there were inserted— "(5A) A licence over a stratum of Crown land may be granted even though there is a freeway or an arterial road (within the meaning of the **Road Management Act 2004)** over the land if the person granting the licence is satisfied that the exercise of the licensee's rights under the licence would not interfere with the use of the road by the public and the stratum covered by the licence does not include the level at which the road is constructed. (5B) In addition to any conditions under subsection (7), a licence covering a stratum of Crown land above or below a declared road is subject to any terms and conditions determined by the person who grants the licence, specified in the licence and relating to the protection, maintenance and preservation of the road as a highway."; (e) subsection (7)(c) were omitted. (6) Despite anything to the contrary in the **Crown Land (Reserves) Act 1978** or in any reservation of land under that Act a lease or licence may be granted under this section over Crown land, whether or not it is reserved under that Act or used as a car park in accordance with that Act. (7) The **Crown Land (Reserves) Act 1978** does not apply to— (a) a development or use of Crown land under subsection (1); or (b) a lease or licence over Crown land under subsection (2). (8) If a provision of the **Land Act 1958** applied by this section to a lease or licence is inconsistent with a provision of this section or of that lease or licence, the provision of this section or of that lease or licence prevails. (9) Without limiting section 15, a management agreement under that section may include provisions concerning redevelopment and use of land in the Melbourne Casino area or the temporary casino site. (10) In this section ***Crown land*** includes land in the Melbourne Casino area that is referred to in section 9(2) of the **King-Street Bridge Act** **1957**. S. 128L inserted by No. 34/1993 s. 4.