55Grant of lease or licence of Crown land for the purposes of an authorised transaction

55 Grant of lease or licence of Crown land for the purposes of an authorised transaction

(1) The Governor in Council, on behalf of the Crown, and on the recommendation of the Premier and the relevant land Ministers—

(a) may grant a lease of Crown land (other than a stratum of the port of Melbourne seabed) or a licence of any Crown land to a private sector entity or a public sector entity for the purposes of an authorised transaction; and

(b) may impose any conditions on the lease or licence; and

(c) may ratify or give effect to any partial surrender of a lease or licence by the lessee or licensee, if the lessee or licensee has the consent of any mortgagee and the holder of any charge over the lease or licence.

(2) The Governor in Council, on behalf of the Crown, and on the recommendation of the Premier after consultation with the relevant land Ministers—

(a) may grant a lease of a stratum of the whole, or a part, of that part of the port of Melbourne seabed identified in a determination under subsection (8) to a private sector entity or a public sector entity for the purposes of an authorised transaction; and

(b) may impose any conditions on the lease; and

(c) may ratify or give effect to any partial surrender of a lease by the lessee, if the lessee has the consent of any mortgagee and the holder of any charge over the lease.

(3) In imposing conditions on a lease or licence of a stratum of land under subsection (1) or (2), the Governor in Council must have regard to the following matters—

(a) if the land is not part of the port of Melbourne seabed—

(i) that reasonable access to and use of the stratum and other land be provided for; and

(ii) that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and

(iii) that the rights of support of the stratum or of other land or of any building or structure erected or to be erected on those lands be provided for;

(b) in all cases—

(i) that the making or maintenance of improvements by the lessee or licensee be provided for; and

(ii) that 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 of other land be provided for.

(4) The granting of a lease or licence under this section of a stratum of land is conclusive proof of compliance with subsection (3)(a) and (b) with respect to the lease or licence.

(5) To avoid doubt, the partial surrender of a lease or licence ratified or given effect to under subsection (1)(c) or (2)(c) does not constitute the surrender in full of that lease or licence and does not affect the operation of the lease or licence in relation to any part of the leased or licensed land that is not surrendered.

(6) The term of a lease or licence granted to a private sector entity under this section, or if more than one lease or licence is granted to a private sector entity under this section, the aggregate period of the terms of those leases or licences, must not exceed the maximum period specified in section 11(2) in relation to a lease or licence granted to the private sector entity to which that section applies.

(7) A lease or licence granted under this section may be amended at any time with the consent of the lessee or licensee.

(8) The Premier, after consultation with the relevant land Ministers, may make a determination identifying a part of the port of Melbourne seabed for the purposes of subsection (2)(a).