17AContinuation of uses of reserved land for purposes other than those for which it is reserved—licences and agreements

17A Continuation of uses of reserved land for purposes other than those for which it is reserved—licences and agreements (1) Where, in relation to any land reserved under section 4— (a) immediately before the commencement of the **Crown Land (Reserves) (Amendment) Act 1984**— (i) a person or body habitually used any portion of the land or any building thereon; (ii) a person or body operated services or facilities on the land; or (iii) there was a building or structure which had been erected by a person or body on the land; (b) the land has not been certified under section 17(1), or the use of the land, operation of the services or facilities or erection of the building or structure (as the case may be) is for a purpose not consistent with the purpose of the reservation of the land; S. 17A(1)(c) amended by No. 76/1998 s. 6(d). (c) the trustees or committee of management of the land or, where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General certified, before the expiration of one year after the commencement of the **Crown Land (Reserves) (Amendment) Act 1984**, that the habitual use or operation of services or facilities was occurring immediately before the commencement of that Act, or the building or structure was on the land immediately before the commencement of that Act— notwithstanding anything in this Act and notwithstanding any regulations made under section 13 relating to the land, the trustees or committee of management, or where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General may, with the approval in writing of the Minister, where the Minister so approves the purpose for which the land or building was used or the service or facility operated or the building or structure erected— (d) grant a licence to the person or body to enter and use that portion of the land or that building for a period not exceeding three years; (e) enter into an agreement with the person or body to operate the service or facility on the land for a period not exceeding three years; or (f) enter into a tenancy agreement with the person or body who erected the building or structure— as the case requires, for the purpose so approved. S. 17A(2) amended by No. 96/1994 s. 48(b). (2) Subparagraphs (i) to (iv) of section 17B(1)(c) shall apply to any agreement entered into under paragraph (f) of subsection (1) of this section. (3) Subsection (1) shall not apply to land reserved under section 4— (a) which is reserved for a purpose specified in paragraph (l), (m), (n), (o) or (ze) of subsection (1) of section 4 or deemed by subsection (6) of that section to be reserved for the protection of the coastline, unless notice has been given by the Governor in Council under section 10(3) of the **Land Conservation Act 1970** of a recommendation in respect of the land made under section 5(1)(a) of that Act and the granting of a licence or entering into of an agreement under paragraph (d), (e) or (f) (as the case may be) of subsection (1) is consistent with the recommendation; (b) which is reserved for a purpose specified in paragraph (w) of subsection (1) of section 4 and referred to in a recommendation in respect of the land made under section 5(1)(a) of the **Land Conservation Act 1970**, notice of which has been given by the Governor in Council under section 10(3) of that Act, as a coastal park, a regional park or a state park, unless the granting of a licence or entering into of an agreement under paragraph (d), (e) or (f) (as the case may be) of subsection (1) is consistent with the recommendation; or (c) which has been placed under the control and management of an authority pursuant to section 18(1). S. 17AB inserted by No. 40/2009 s. 8. 17AB Governor in Council may by Order confer certain leasing and licensing powers to Health Minister (1) The Governor in Council, on the joint recommendation of the Minister and a Minister who administers a section of the **Health Services Act 1988** (***Health Minister***) may, by Order, confer any one or more of the powers in respect of land reserved under section 4 that are set out in subsections (2) and (3) on the Health Minister. (2) For the purposes of subsection (1), the following licensing powers may be conferred on the Health Minister where the land is managed by the trustees or a committee of management— (a) the power to approve in writing the grant of, and purpose of, a licence under section 17B(1) to be granted by the trustees or a committee of management over that land in the Order; and (b) the power to approve the terms and conditions to which a licence under section 17B to be granted by the trustees or a committee of management over the land is subject. (3) For the purposes of subsection (1), the following leasing powers may be conferred on the Health Minister— (a) where the land is managed by trustees or a committee of management— (i) the power to approve in writing the grant of, and purpose of, a lease of land under section 17D to be granted by the trustees or committee of management over the land; and (ii) the power to approve any covenants, exceptions, reservations and conditions as determined by the trustees or committee of management in relation to a lease of the land granted under section 17D; (b) where there are no trustees or committee of management, the power to grant leases of land under section 17D(1A) for any purpose. (4) An Order under subsection (1)— (a) must be published in the Government Gazette; and (b) takes effect on publication or a later date specified in the Order. (5) An Order in Council under subsection (1) must specify— (a) the land to which the Order applies; (b) the powers in respect of the land, under section 17B or section 17D that are being conferred on the Health Minister; (c) the period for which the Order will be in force. (6) On and after the expiration or cancellation of powers conferred under an Order under this section, if there is in force immediately before the expiration or cancellation a lease or licence to which the Health Minister is a party, the Minister is taken to be substituted for the Health Minister as the party to the licence or lease. (7) The Minister continues to have the powers conferred under this Act in respect of the land specified in an Order under this section to the extent that those powers are not conferred on the Health Minister. S. 17AB(8) amended by No. 51/2016 s. 10. (8) The committee of management must notify the Department of Environment, Land, Water and Planning of any licence or lease entered into pursuant to a power conferred by an Order under this section. (9) The Minister must not exercise a power conferred by an Order under this section on the Health Minister in relation to land specified in the Order while that Order remains in force. S. 17B inserted by No. 10144 s. 4. 17B Licences for purposes other than those for which land is reserved S. 17B(1) amended by Nos 76/1998 s. 6(e), 40/2009 s. 9, substituted by No. 19/2018 s. 89(1), amended by No. 40/2020 s. 8. (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, 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. S. 17B(1A) inserted by No. 19/2018 s. 89(1). (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. S. 17B(2) amended by No. 19/2018 s. 89(2). (2) Subsections (1) and (1A) shall not apply to land reserved under section 4— S. 17B(2)(a) amended by Nos 48/1993 s. 6(1)(a)(b), 19/2018 s. 89(3). (a) which is reserved for a purpose specified in section 4(1)(l), (m), (n), (o), (w) or (ze) or deemed by subsection (6) of that section to be reserved for the protection of the coastline unless— S. 17B(2)(a)(i) substituted by No. 19/2018 s. 89(4). (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 S. 17B(2)(a)(ii) inserted by No. 48/1993 s. 6(1)(b), amended by No. 19/2018 s. 89(5). (ii) in the case of land for which there is no accepted recommendation, the Minister is satisfied that there are special reasons which make the granting of 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; or (b) which has been placed under the control and management of an authority pursuant to section 18(1). S. 17B(3) substituted by No. 48/1993 s. 6(2). (3) The Minister must not give approval under subsection (1) unless— S. 17B(3)(a) amended by No. 47/2025 s. 19(a). (a) in the case of land referred to in subsection (2)(a)(ii), the Minister states in the approval 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; or S. 17B(3)(b) amended by No. 47/2025 s. 19(b). (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. S. 17B(3A) inserted by No. 19/2018 s. 89(6). (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. S. 17B(4) amended by No. 76/1998 s. 6(e)(ii), substituted by No. 19/2018 s. 89(7). (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. S. 17B(5) amended by Nos 96/1994 s. 48(c), 19/2018 s. 89(8). (5) Any building or structure created on the land and any use of the land pursuant to an agreement referred to in subsection (1) or (1A) shall be subject to any Act rule regulation or by-law relating to approval of plans and specifications or to control of land use, including, without limiting the generality of the foregoing, the **Planning and Environment Act 1987** and any regulation or instrument made thereunder. S. 17B(6) amended by No. 19/2018 s. 89(9). (6) No person or body shall be entitled to receive or shall receive from the Crown any money or consideration in respect of any improvement or any act matter or thing relating to a licence or agreement under subsection (1) or (1A). S. 17BAA inserted by No. 40/2009 s. 10. 17BAA Licence may be granted for term greater than 10 years in some circumstances (1) Despite section 17B(1), where land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the approval in writing of the Minister given in accordance with subsection (6), grant a licence under section 17B(1) if the proposed licensee is leasing— (a) land adjacent to the land in respect of which the licence may be granted; and (b) the adjacent land is under the management of the trustees or committee of management. (2) A licence granted under subsection (1) may be for a period not exceeding whichever is the lesser of the following— (a) 21 years; (b) the term of the lease granted in respect of the adjacent land. S. 17BAA(3) substituted by No. 19/2018 s. 90(1). (3) If, despite section 17B(1A), there are no trustees or committee of management of land reserved under section 4, the Minister may, in accordance with subsection (6), grant a licence under section 17B(1A) if the proposed licensee is leasing land adjacent to the land in respect of which the licence may be granted. (4) A licence granted under subsection (3) may be for a period not exceeding whichever is the lesser of the following— (a) 21 years; (b) the term of the lease granted in respect of the adjacent land. S. 17BAA(5) amended by No. 19/2018 s. 90(2). (5) The trustees or committee of management in granting a licence under subsection (1), or the Minister in granting a licence under subsection (3), must be satisfied that a licence term longer than 10 years is necessary to ensure the proposed licensee has continued use of the land in respect of which the licence would be granted for the duration of the lease for the adjacent land. S. 17BAA(6) substituted by No. 19/2018 s. 90(3). (6) The Minister must not give approval under subsection (1), or grant a licence under subsection (3), unless the Minister is satisfied that the purpose for which the licence is to be granted is not detrimental to the purpose for which the land is reserved. S. 17BA inserted by No. 48/1996 s. 25, amended by Nos 69/2000 s. 48(1), 19/2018 s. 91. 17BA Licence granted to generation company Despite section 17B(1)(a) and (1A)(a), a licence may be granted under that section for a term not exceeding 99 years if the licence is granted to a generation company within the meaning of the **Electricity Industry Act 2000** and is in respect of land used for the purposes of the generation of electricity for supply or sale. S. 17BB inserted by No. 14/2024 s. 12. 17BB Licence granted for offshore wind energy generation (1) Despite section 17B(1)(a) and (1A)(a), the Minister may grant a licence under that section for a term not exceeding 21 years if the licence is granted in respect of land used, or to be used, for one or more of the following purposes— (a) assessing the desirability or feasibility of constructing or installing offshore electricity transmission infrastructure; (b) determining the optimal placement of offshore electricity transmission infrastructure; (c) carrying out an activity for the purposes of obtaining a permit or consent (however described) required by or under any Act of Victoria or the Offshore Electricity Infrastructure Act 2021 of the Commonwealth for the construction or installation of offshore electricity transmission infrastructure. (2) In granting a licence under subsection (1), the Minister must have regard to the following— (a) whether or not the applicant is the holder, or is applying for the licence on behalf of the holder, of a licence within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth that relates to all or any of the land in respect of which the applicant may be granted the licence; (b) whether granting the licence would contribute to achieving an offshore wind energy generation target or a renewable energy generation target set by the State of Victoria; (c) any other matter that the Minister considers relevant. (3) Before granting a licence under subsection (1), the Minister must consult— (a) the trustees or committee of management that manages the land reserved under section 4, if any; and (b) the Minister responsible for administering the **Electricity Industry Act 2000**. (4) Despite anything to the contrary in this Act, the holder of a licence granted under subsection (1) may transfer the licence to another person or body at any time with the written consent of the Minister. (5) The Minister must not consent to a transfer under subsection (4) before consulting the Minister responsible for administering the **Electricity Industry Act 2000**. (6) Despite anything to the contrary in this Act, the Minister, after consulting the Minister responsible for administering the **Electricity Industry Act 2000**, may at any time vary or revoke a licence granted under subsection (1). (7) In this section— ***offshore electricity transmission infrastructure*** means— (a) fixed or tethered infrastructure, within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth, that has the primary purpose of storing, transmitting or conveying electricity generated or obtained from wind or air flow, including but not limited to a cable that sits on the seabed; or (b) any infrastructure, structure or installation that would be offshore electricity transmission infrastructure under paragraph (a) except that— (i) it is being constructed, installed or decommissioned; or (ii) it has temporarily or accidentally ceased to be fixed or tethered infrastructure; or (c) any infrastructure, structure or installation that— (i) receives, stores, transmits or distributes electricity; and (ii) is connected to any infrastructure, structure or installation described in paragraph (a) or (b). S. 17C inserted by No. 10144 s. 4. 17C Continuation of uses of land for purposes other than those for which it is reserved—leases (1) Where in relation to land reserved under section 4— (a) immediately before the commencement of the **Crown Land (Reserves) (Amendment) Act 1984** a person or body habitually used any part of the land for a purpose other than the purpose for which it is reserved; and S. 17C(1)(b) amended by No. 76/1998 s. 6(f). (b) the trustees or committee of management of the land or, where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General certified before the expiration of one year after the commencement of the **Crown Land (Reserves) (Amendment) Act 1984** that the habitual use had taken place immediately before the commencement of that Act— notwithstanding anything in this Act and notwithstanding any regulations made under section 13 relating to the land, the trustees or committee of management of the land may, with the approval in writing of the Minister, if the Minister so approves of the purpose for which the land has been habitually used, grant a lease of that part of the reserved land for that purpose and where there are no trustees or committee of management of the land, the Minister may grant such a lease for the purpose for which the land has been habitually used. S. 17C(2) substituted by No. 19/2018 s. 92. (2) Subsection (1) does not apply to land reserved under section 4— (a) which is reserved for a purpose specified in section 4(1)(l), (m), (n), (o) or (ze) or deemed to be reserved under section 4(6) for the protection of the coastline unless— (i) the land is subject to an accepted recommendation; and (ii) the granting of a lease under subsection (1) is consistent with the accepted recommendation; or (b) which is reserved for a purpose specified in section 4(1)(w) and referred to in an accepted recommendation as a regional park, unless the granting of a lease under subsection (1) is consistent with the accepted recommendation; or (c) which has been placed under the control and management of an authority pursuant to section 18(1). S. 17CA inserted by No. 40/2009 s. 11. 17CA Leases for up to 65 years for other purposes (1) Subject to section 17CC(1), where land reserved under section 4 is managed by trustees or a committee of management, despite any vesting of the land in the trustees or committee of management, the Minister may lease any part of the land for a specific term that is more than 21 years, but not more than 65 years, if the Minister is satisfied that— (a) the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved; and (b) the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and (c) the granting of a longer term lease is in the public interest. (2) Where there are no trustees or committee of management for land reserved under section 4, the Minister may lease any part of the land for a specific term that is more than 21 years, but not more than 65 years, if the Minister is satisfied that— (a) the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved; and (b) the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and (c) the granting of a longer term lease is in the public interest. (3) The Minister must not enter into a lease under subsection (1) or (2) in respect of any land that is— (a) reserved for a purpose specified in section 4(1)(l), (m), (n) or (o); or (b) specified in Part 1 or Part 3 of the Fifth Schedule. S. 17CA(4) amended by No. 47/2025 s. 20. (4) The Minister must not enter into a lease under subsection (1) or (2) of land that is— (a) reserved for a purpose specified in section 4(1)(w) or (ze); or (b) deemed by section 4(6) to be reserved for the protection of the coastline— unless the Minister has, by determination, given notice of the Minister's intention to do so, and— (c) the Minister has laid the determination before each House of Parliament; and (d) the determination has not been disallowed by either House of Parliament. (5) The Minister must publish a determination under subsection (4) in the Government Gazette. (6) The Minister may, for the purposes of entering into a lease of any reserved land under subsection (1) or (2), enter into an agreement to lease that land. (7) If the Minister enters into an agreement to lease reserved land under subsection (6) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section. S. 17CB inserted by No. 40/2009 s. 11. 17CB Parliamentary scrutiny of the leasing of certain land (1) A determination that is laid before each House of Parliament under section 17CA(4) is disallowed in whole or in part if— (a) a notice of a resolution to disallow the determination is given in a House of the Parliament on or before the 5th sitting day of that House after the determination is laid before the House; and (b) the resolution is passed by that House on or before the 10th sitting day of that House after the giving of the notice of the resolution. (2) A notice under subsection (1) may be expressed to apply to the whole or to any part of the determination. (3) A resolution that is passed under subsection (1) has effect according to its tenor. (4) If a House of Parliament is prorogued or the Legislative Assembly is dissolved— (a) the prorogation or dissolution does not affect the power of the House to pass a resolution under subsection (1); and (b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution. S. 17CC inserted by No. 40/2009 s. 11. 17CC Role of committee of management for leases granted under section 17CA (1) Before granting a lease of land under section 17CA(1), the Minister must consult with the trustees or committee of management for that land. (2) If the Minister grants a lease of land under section 17CA(1), the lease may provide for the management of the lease to be carried out by the trustees or committee of management. (3) A power to manage a lease that may be given to trustees or a committee of management under a lease under subsection (2)— (a) does not extend to empowering the trustees or committee of management to vary, amend or terminate the lease; (b) if the lease so provides, may extend to empowering the trustees or committee of management to collect any tolls, fees, rents, royalties or other charges that may be imposed in respect of the land. (4) Any money collected or retained by trustees or a committee of management under the lease must be expended on the land in respect of which the money has been collected or retained. S. 17D (Heading) inserted by No. 40/2009 s 12(1). S. 17D inserted by No. 10144 s. 4. 17D Leases for up to 21 years for other purposes S. 17D(1) substituted by No. 40/2009 s. 12(2), amended by No. 40/2020 s. 9(1). (1) Where land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the approval of the responsible Minister, lease any part of the land for any purpose approved by the responsible Minister, for a specific term of not more than 21 years. S. 17D(1A) inserted by No. 40/2009 s. 12(2). (1A) Where there are no trustees or committee of management of land reserved under section 4, the responsible Minister may lease any part of the land for a specific term of not more than 21 years. S. 17D(1B) inserted by No. 40/2009 s. 12(2). (1B) The responsible Minister or the trustees or committee of management with the approval in writing of the responsible Minister may, for the purposes of entering into a lease of any reserved land under subsection (1) or (1A), enter into an agreement to lease that land. S. 17D(1C) inserted by No. 40/2009 s. 12(2). (1C) If the responsible Minister or the trustees or committee of management enter into an agreement to lease reserved land under subsection (1B) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section. S. 17D(2) amended by No. 40/2009 s. 12(3)(a). (2) A lease must not be entered into under subsection (1) or (1A) in relation to land reserved under section 4— S. 17D(2)(a) amended by Nos 48/1993 s. 7(1)(a)(b), 19/2018 s. 93(1). (a) which is reserved for a purpose specified in section 4(1)(l), (m), (n), (o), (w) or (ze) or is deemed by subsection (6) of that section to be reserved for the protection of the coastline unless— S. 17D(2)(a)(i) amended by No. 40/2009 s. 12(3)(b), substituted by No. 19/2018 s. 93(2). (i) the land is subject to an accepted recommendation and the granting of a lease under subsection (1) or (1A) is consistent with the accepted recommendation; or S. 17D(2)(a)(ii) inserted by No. 48/1993 s. 7(1)(b), amended by Nos 40/2009 s. 12(3)(c), 19/2018 s. 93(3). (ii) in the case of land for which there is no accepted recommendation, the responsible Minister is satisfied that there are special reasons which make granting the lease 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; or (b) which has been placed under the control and management of an authority pursuant to section 18(1). S. 17D(3) substituted by No. 48/1993 s. 7(2), amended by No. 40/2009 s. 12(4). (3) The responsible Minister must not give approval under subsection (1) unless— S. 17D(3)(a) amended by No. 47/2025 s. 21(a). (a) in the case of land referred to in subsection (2)(a)(ii) the Minister states in the approval that there are special reasons which make granting the lease 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; or S. 17D(3)(b) amended by No. 47/2025 s. 21(b). (b) in the case of any other land, the Minister is satisfied that the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved. (4) A lease granted under subsection (1) or under section 17C— S. 17D(4)(a)(b) repealed by No. 40/2009 s. 12(5)(a). S. 17D(4)(c) amended by No. 40/2009 s. 12(5)(b). (c) shall be subject to such covenants, exceptions, reservations and conditions as are determined by the trustees or committee of management and approved by the responsible Minister, or where there are no trustees or committee of management, as are determined by the responsible Minister. S. 17D(5) amended by Nos 45/1987 s. 205(Sch. item 12), 40/2009 s. 12(6). (5) Any building or structure created on the land and any use of the land pursuant to a lease referred to in subsection (1) or (1A) shall be subject to any Act rule regulation or by-law relating to approval of plans and specifications, or to control of land use including, without limiting the generality of the foregoing, the **Planning and Environment Act 1987** or any regulation or instrument made under that Act. S. 17D(6) inserted by No. 48/1996 s. 26, amended by No. 40/2009 s. 12(7). (6) A lease under subsection (1) or (1A) may be granted— (a) without being limited to a particular stratum of reserved land; or (b) for a stratum of reserved land. S. 17D(7) inserted by No. 48/1996 s. 26, amended by Nos 40/2009 s. 12(8), 40/2020 s. 9(2). (7) The responsible Minister must not give approval for a lease to be granted under subsection (1), or grant a lease under subsection (1A), for a stratum of reserved land unless the Minister 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 those lands; and (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 telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land. S. 17D(8) inserted by No. 48/1996 s. 26, amended by No. 40/2009 s. 12(9). (8) The granting under subsection (1) or (1A) of a lease of a stratum of reserved land is conclusive proof of compliance with subsection (7) in respect of the lease. S. 17DAA inserted by No. 48/1996 s. 27, amended by No. 69/2000 s. 48(2). 17DAA Leases granted to generation company Despite section 17D(4)(a), a lease may be granted under section 17D for a term not exceeding 99 years if the lease is granted to a generation company within the meaning of the **Electricity Industry Act 2000** and is in respect of land used for the purposes of the generation of electricity for supply or sale. S. 17DA inserted by No. 48/1993 s. 8. 17DA Parliamentary scrutiny of certain approvals S. 17DA(1) substituted by No. 19/2018 s. 94. (1) The following must be given by the Minister by Order published in the Government Gazette— (a) an approval that includes a statement referred to in section 17B(3)(a) or 17D(3)(a); (b) a statement under section 17B(3A)(a)(ii). (2) An Order under subsection (1) may be disallowed by resolution of either House of the Parliament. S. 17DA(3) amended by No. 40/2009 s. 13(1). (3) Sections 15, 22, 23 and 24 of the **Subordinate Legislation Act 1994** apply to an Order published under subsection (1) and a resolution referred to under subsection (2) as if— (a) the Order were a statutory rule within the meaning of that Act notice of which had been published in the Government Gazette on the day on which the Order was so published; and S. 17DA(3)(b) substituted by No. 40/2009 s. 13(2). (b) in section 23(2)(a) of that Act for "18th" there were **substituted** "5th"; and S. 17DA(3)(c) substituted by No. 40/2009 s. 13(2). (c) in section 23(2)(b) of that Act for "12th" there were **substituted** "10th"; and (d) disallowance by either House of the Parliament were disallowance by Parliament. (4) An Order under subsection (1) comes into force, if it is not disallowed by either House of Parliament, on the day after the last day on which it could have been so disallowed. S. 17E inserted by No. 10144 s. 4.