68Preservation of leases

68 Preservation of leases

(1) In this section lease includes an agreement, licence, option to renew or other interest arising under or in relation to a lease (whether or not the lease has expired) and an interest in the nature of a lease and sub-lease has a corresponding meaning.

S. 68(2) amended by No. 10/2017 s. 33(11).

(2) The status or continuity of any lease of land that was entered into by Development Victoria and was existing immediately before the land was reserved under section 66 or 67 is not affected by that reservation or by the operation of that section.

(3) A lease referred to in subsection (2) has effect—

(a) as a lease between—

(i) if the Melbourne City Council is the committee of management of the leased land, the Melbourne City Council as lessor and the lessee for the time being under the lease, as if it had been assigned to the Melbourne City Council; or

(ii) in any other case, the Crown as lessor and the lessee for the time being under the lease, as if it had been assigned to the Crown; and

(b) as if it referred to the Melbourne City Council or the Crown (as the case may be) instead of to the lessor (however described).

S. 68(4) amended by No. 10/2017 s. 33(11).

(4) If requested by the Melbourne City Council, Development Victoria must provide to the Council such information as the Council reasonably requires on any lease for which it is to become the lessor under this section.

(5) The status or continuity of any sub-lease existing over the land affected by a lease referred to in subsection (2) immediately before the land was reserved under section 66 or 67 is not affected by that reservation or by the operation of that section.

(6) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.

(7) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease.

(8) Despite anything to the contrary in the Crown Land (Reserves) Act 1978, if a lease referred to in subsection (2) (the original lease) ends before the term of the lease expires, the Melbourne City Council may grant a new lease over that land for a term up to the remaining term (including any option to renew) of the original lease.

Note

The Melbourne City Council, as committee of management of land reserved under the , may generally grant leases over that land for a term not exceeding 21 years in accordance with the .