Land Act 1958

140E Renewal presumed where fee paid 108

140F Conditions associated with licence of land 108

Tour operator licences 110

140H Offence to conduct organised tour or recreational activity on Crown land if unlicensed 110

140I Grant of tour operator licence 111

140J Application for tour operator licence 111

140K Requirement to pay annual fee on grant of tour operator licence 112

140L Tour operator licence conditions 112

140M Contravention of condition an offence 112

140N Variation of licence to operate as activity provider or tour operator on Crown land 113

140O Suspension of tour operator licence 114

140P Making submissions on suspension 114

140Q Cancellation of tour operator licence 115

Bee site licences 117

141 Person may apply for bee site licence 117

142 Minister may grant bee site licence 117

143 Land over which bee site licence may be granted 119

144 Fees to be determined by Minister 121

145 Conditions relating to access to a bee site licence area 121

146 Transfer of bee site licence 122

147 Process on expiry of current bee site licence 123

148 Application of presumption of bee site licence 124

149 Offences 124

Subdivision 3—Grant of leaseholds 127

151AA Metropolitan lessees may obtain grant of land 127

Division 9A—Plantation areas 129

151A Definitions 129

151B Proclamation of land for plantation areas 130

151C Application for grant of plantation area 131

151D Investigation of application 131

151E Grant of lease 131

151F Planting of trees by lessee 132

151G Road charges 133

151H Assignment, mortgage etc. of lease 133

151J Cancellation of lease 134

151K Power to lessee to erect buildings 134

151L Property in trees where lease cancelled or expired 134

Division 11—Residence areas 136

163 Definitions 136

165 No new residence area rights to be granted 136

166 Holder of right to have exclusive occupation of land 137

167 Cancellation of right to occupy residence area 137

168 Removal of buildings 138

169 Compensation on resumption by Crown 139

170 Power to let 139

171 Power to inspect entries in mining registers 140

172 Power to excise land from certain streets 140

173 Right of holder of residence area to purchase land 141

174 Residence area right may be converted to purchase lease 142

175 Liens and encumbrances to be discharged 143

176 Forfeiture of lease 144

177 On payment of purchase price lessee entitled to Crown grant 145

Division 12—Commons 146

179 Common lands 146

180 Saving of existing commons 146

181 Governor in Council may proclaim commons 146

182 Appointment of managers and regulations 147

183 Management 147

183A Municipality may raise funds by allowing use of common 148

184 Governor in Council may increase or diminish commons 149

185 Lands taken from commons 149

Division 13—Trespasses, penalties, legal proceedings etc. 149

186 Penalty where land officer applies for allotment 149

187 Penalty for false statement etc. in relation to application 150

188 Penalty for unauthorized occupation or depasturing on certain lands 150

188A Magistrates' Court may order removal of buildings etc. 151

190 Penalty for trespasses on Crown lands 155

190A Offence to construct, remove, alter, or carry out maintenance on, a levee on certain Crown land 156

191 Penalty for depositing rubbish on Crown lands 157

192 Obliteration of boundary mark 158

193 Rights of licensee and lessee against trespassers 158

194 Unauthorized occupier may be forcibly dispossessed 159

195 Hearing 159

196 Recovery of rent and licence-fees 160

197 Demand for or acceptance of rent etc. not to be deemed a waiver or breach of covenant or condition 160

198 Certificates of Minister prima facie evidence of non‑payment of fees or rent 161

199 Governor in Council may prohibit felling timber etc. 161

200 Proof 162

201 Certificate of Secretary to be prima facie evidence that land is unalienated Crown land 162

201A Judicial notice of signature 163

202 Declarations of forfeiture valid 163

203 Appeals 163

Division 14—Miscellaneous 164

204 All Crown grants and certain licences and leases to contain condition permitting mining on compensation for surface damage 164

205 Lands alienated to be subject to conditions for mining 164

208 Exchange of Crown and private land upon alteration of road 166

209 Resumption of land for roads 167

210 Declaration to be made by appraiser 169

211 Applicants for licences rights or leases before commencement of Act not prejudiced 169

214 Travelling cattle 170

215 Notice to be given to occupier of land of intention to drive travelling cattle or sheep 171

216 Survey officers may enter upon private lands 172

217 Privilege of public officers on duty and of holders of miner's rights 173

218 Leases may provide for removal of buildings and restoration of land 173

225 Unbranded wild cattle to belong to Crown 175

228 Interest on rent etc. in arrear 176

229 Agreement with electricity company 178

Part III—Leases of agricultural college lands 181

273 Demises 181

Part V—Development leases 185

302 Definitions 185

303 Power to Governor in Council to grant development leases 185

304 Power to suspend development in certain circumstances 188

305 Power to Governor in Council to make necessary grants to settlers and a grant to the Society 188

306 Licence entitling Society to enter and make tests on land in Thirteenth Schedule 189

307 Development Leases Consultative Committee 189

Part VIII—Leases and licences for electric lines 192

334 Power to lease or license land for construction thereon of electric line 192

335 Covenants conditions etc. of lease or licence 192

336 Notice of application 193

337 Mining not restricted 193

338 Copy of lease or licence to be laid before Parliament before issue 193

Part IX—General 194

339 Lands of the Crown to be alienated only down to such depth as Governor in Council directs 194

339A Alienation of Crown land in strata 195

339B Easements ancillary to alienation in strata 198

340 Right to metals and minerals not to go with the land 200

341 Crown lands enhanced in value by proximity of railway or waterworks etc. 200

342 Additional price how to be paid and applied 203

343 Mode of application where Crown land benefited by more than one work 204

344 Additional sums paid as purchase money or rent to be returned where works not constructed within ten years 204

345 Mode of alienation of Crown lands under previous Acts not to be affected 205

346 Power to include certain pieces of land in leases licences or Crown grants of adjoining land 206

347 Value where land contains any fractional part of an hectare 207

348 Crown grants of roads used for railways 207

349 Power to close certain unused roads on Crown lands 207

350 Power to set apart certain portions of roads for tree planting 209

351 Power of Minister to postpone payment of rent or instalments 211

352 Power to add interest to price of land 212

353 Exemption of portion of certain half-yearly payments of rent if portion of mountainous land under clean grass or cultivation 212

354 Lease forfeited for non-payment of rent not to be revived before revocation of forfeiture 215

355 Transfers of leases of Crown lands not to be registered unless all rents etc. have been paid 215

356 Condition for suspension of payment of licence-fees rent etc. 216

358 Extensions of selection purchase and conditional purchase leases to be registered in the Office of Titles 216

359 Issue of a lease where applicant dies or becomes bankrupt before lease executed 218

360 Enforcement of forfeitures 218

361 Minister may waive covenant or condition as to residence 218

362 Propagation of blue mallee 218

362A Certain conditions reservations etc. in a Crown grant may be declared to be no longer necessary 219

362B Construction of certain Crown grants 220

362C Construction of licences 222

Part X—Vacant and unclaimed lands 223

363 Definitions 223

364 Sale of vacant unclaimed land in certain undelivered and unregistered Crown grants 223

365 Application of purchase money 225

366 Power for Court to make orders on application as to the surplus moneys 226

367 Subject to order of court surplus moneys after lapse of three years to become property of Crown 226

368 Application to Registrar for delivery or registration of grant 226

369 Power of applicant to summon Registrar to show cause if dissatisfied 227

370 If application granted certain payments to be made by applicant before delivery or registration 228

371 Minister to send purchaser's Crown grant to Registrar with contract of sale 229

372 No claim to lie against the Crown or Minister 229

374 Fees 230

Part XII—Bed and banks of certain watercourses 231

384 Definitions 231

385 Crown property in bed and banks of certain watercourses 232

386 Access etc. to bed and banks of certain watercourses 234

Part XIII—Unused roads and water frontages 236

399 Definitions 236

400 Power to municipal councils to specify roads as unused 237

401A Right of entry to licensed water frontages for recreational purposes 238

402 Right to enter and use an unused road 238

403 Duty to obtain licence to use water frontage 239

404 Liability to pay occupation fees after notice 239

406 Effect of cancellation of a licence 241

407 Re-opening of licensed closed road or water frontage 242

409 Penalty for damaging fence or leaving gate open 244

410 Recovery of fees and penalties 244

411 Municipal councils to be notified of grant, transfer etc. of licences 245

Part XIIIA—Limitation of jurisdiction of Supreme Court 246

412 Supreme Court—Limitation of jurisdiction 246

Part XIV—Regulations 247

413 Regulations 247

413A Tour operator licence regulations 251

413B Payment of refunds 252

Part XV—Transitional provisions 253

418 Transitional provision for holders of agricultural licences—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 253

419 Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021 254

Schedules 255

Schedule Two A 256

Schedule Two B 268

Schedule Three A 275

Schedule Three B 276

Sixth Schedule 278

Seventh Schedule 279

Schedule Seven A 280

Eighth Schedule 282

Ninth Schedule 283

Thirteenth Schedule 284

Fourteenth Schedule 287

Fifteenth Schedule 288

Sixteenth Schedule 289

Seventeenth Schedule 290

Endnotes 291

1 General information 291

2 Table of Amendments 293

3 Explanatory details 312

Version No. 155

No. 6284 of 1958

Version incorporating amendments as at

An Act to consolidate the Law relating to the Sale and Occupation of Crown Lands

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1 amended by Nos 6521 s. 2, 6746 s. 2, 6794 s. 2, 7548 s. 2(a)(i)(ii), 7783 s. 6, 8181 s. 2(1)(Sch. item 89), 8304 s. 4, 8652 s. 5(2), 8763 ss 2(3), 4(2), 9019 s. 2(1)(Sch. item 98), 9059 s. 2(1)(Sch. item 24), 9183 s. 10(a)(i)–(iii)(b)(c), 9212 s. 2(2), 9380 s. 3(1)(a), 9427 s. 6(1)(Sch. 5 item 74), 9812 s. 7(1)(g), 10011
s. 4(a)–(c), 10087 s. 3(1)(Sch. 1 item 120), 41/1987 s. 103(Sch. 4 item 39.1).

1 Short title and commencement

This Act may be cited as the Land Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

S. 2 amended by Nos 7228 s. 7(Sch. 4 Pt 19(a)), 7849 s. 3(4)(a), 8461 s. 2, 9212 s. 2(1), 81/1989 s. 3(Sch. item 25.1), 92/1990 s. 128(Sch. 1 item 13.1), 63/2006 s. 61(Sch. item 19), repealed by No. 40/2020 s. 35.

S. 2A inserted by No. 41/1987 s. 103(Sch. 4 item 39.2).

2A Definitions

In this Act, unless inconsistent with the context or subject-matter—

S. 2A def. of appointed land inserted by No. 62/2010 s. 121(1).

appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 2A def. of authorised officer substituted by No. 68/2016 s. 167, amended by No. 40/2019 s. 102.

authorised officer means a person appointed as an authorised officer for the purposes of this Act under—

(a) Part 9 of the Conservation, Forests and Lands Act 1987; or

(b) Part 3 of the Victorian Fisheries Authority Act 2016; or

(c) Part 3 of the Game Management Authority Act 2014;

S. 2A def. of Central Plan Office inserted by No. 51/2016 s. 16, repealed by No. 53/2017 s. 79.

Department has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 2A def. of Director-General repealed by No. 76/1998 s. 11(a)(i).

S. 2A def. of Great Ocean Road coast and parks inserted by No. 42/2021 s. 85(1).

Great Ocean Road coast and parks has the same meaning as in section 3 of the Great Ocean Road and Environs Protection Act 2020;

S. 2A def. of Great Ocean Road Coast and Parks Authority inserted by No. 42/2021 s. 85(1).

Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

S. 2A def. of joint management plan inserted by No. 62/2010 s. 121(1).

joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 2A def. of land manager inserted by No. 42/2021 s. 85(1).

land manager means—

(a) for Parks Victoria recorded land, Parks Victoria; or

(b) for land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q of the Great Ocean Road and Environs Protection Act 2020, the Great Ocean Road Coast and Parks Authority; or

(c) for all other land, the Secretary;

S. 2A def. of licensed water frontage inserted by No. 40/2020 s. 35A(a).

licensed water frontage means water frontage which is under a licence under Division 8 of Part I or section 138;

S. 2A def. of municipal council inserted by No. 40/2020 s. 35A(a).

municipal council has the same meaning as Council has in the Local Government Act 2020;

S. 2A def. of Parks Victoria inserted by No. 40/2020 s. 35A(a).

Parks Victoria has the same meaning as in the Parks Victoria Act 2018;

S. 2A def. of police officer inserted by No. 37/2014 s. 10(Sch. item 92.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 2A def. of regulated watercourse land inserted by No. 40/2020 s. 35A(a), amended by No. 42/2021 s. 85(2).

regulated watercourse land means Crown land within 200 metres of the bank of a watercourse within the meaning of Part XII which is not any one or more of the following—

(a) under a lease or a residence area right;

(b) vested in trustees or in a municipal council;

(c) placed under the control of a public authority other than the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority;

(d) land in respect of which a committee of management has been appointed under the Crown Land (Reserves) Act 1978;

S. 2A def. of Secretary inserted by No. 76/1998 s. 11(a)(ii).

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

S. 2A def. of tour operator licence inserted by No. 40/2009 s. 25, amended by No. 43/2012 s. 3(Sch. item 25.1(a)).

tour operator licence means a licence granted under section 140I;

S. 2A def. of Traditional Owner Land Management Board inserted by No. 62/2010 s. 121(1), amended by Nos 43/2012 s. 3(Sch. item 25.1(b)), 40/2020 s. 35A(b).

Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 2A def. of water frontage inserted by No. 40/2020 s. 35A(a), amended by No. 42/2021 s. 85(3).

water frontage means Crown land (including land temporarily or permanently reserved)—

(a) which has a frontage to the sea or a watercourse within the meaning of Part XII; and

(b) which is not under a lease, licence or residence area right; and

(c) which is not reserved as a water reserve along any public road under the Crown Land (Reserves) Act 1978; and

(d) which is not—

(i) vested in trustees or in a municipal council; or

(ii) placed under the control of a public authority other than Parks Victoria or the Great Ocean Road Coast and Parks Authority; or

(iii) land in respect of which a committee of management has been appointed under the Crown Land (Reserves) Act 1978.

S. 2B inserted by No. 67/2016 s. 32.

2B Traditional owner agreement for natural resources

If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than section 409) does not apply to a member of the traditional owner group—

(a) who is bound by the agreement; and

(b) who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

Part I—Crown lands generally

Introductory

Nos 3709 s. 3, 4095 s. 2.

S. 3 amended by No. 27/2001 s. 3(Sch. 1 item 4.2) (ILA s. 39B(1)).

3 Definitions

(1) In this Part unless inconsistent with the context or subject-matter—

S. 3(1) def. of accepted recom-mendation inserted by No. 19/2018 s. 136.

accepted recommendation means—

(a) in relation to a report under
section 23 or 26E of the Victorian Environmental Assessment Council Act 2001—

(i) the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or

(ii) if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or

(b) if there is no response to which paragraph (a)(i) or (ii) applies,
the most recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);

S. 3(1) def. of agricultural allotment repealed by No. 96/1994 s. 17.

S. 3(1) def. of agriculture inserted by No. 96/1994 s. 3(a).

agriculture includes horticulture and grazing;

S. 3(1) def. of bee site licence inserted by No. 12/2016 s. 14.

bee site licence means a licence granted under section 142(1) for the purpose of keeping hives or farming bees;

S. 3(1) def. of bee site licence area inserted by No. 12/2016 s. 14.

bee site licence area means the area of land over which a bee site licence is granted;

S. 3(1) def. of bee site licence fee inserted by No. 12/2016 s. 14.

bee site licence fee means the fee for the grant of a bee site licence determined by the Minister in accordance with section 144;

S. 3(1) def. of bee site licensee inserted by No. 12/2016 s. 14.

bee site licensee means a person who holds a current bee site licence;

S. 3(1) def. of Board repealed by No. 7228 s. 7(Sch. 4 Pt 19(b)(i)).

cattle in Divisions eight and fourteen of this Part includes bulls cows oxen heifers steers calves horses mares geldings colts and fillies;

cattle in Divisions twelve and thirteen of this Part includes bulls cows oxen heifers steers calves horses mares geldings colts fillies asses mules sheep and goats;

country lands means any lands not situate within any city town or borough;

cultivate includes planting cereal or root crops planting an orchard vineyard nursery shrubbery or wattles or other trees or laying down land with artificial grasses;

S. 3(1) def. of domestic partner inserted by No. 27/2001 s. 3(Sch. 1 item 4.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 33.1), amended by No. 4/2009 s. 37(Sch. 1 item 15.1).

domestic partner of a person means—

(a) a person who is in a registered domestic relationship with the person; or

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of fence substituted by No. 7733 s. 34, amended by Nos 8461 s. 3(a), 81/1989 s. 3(Sch. item 25.2), repealed by No. 40/2020 s. 36(a).

S. 3(1) def of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 6.1).

film friendly principles has the same meaning as in the Filming Approval Act 2014;

S. 3(1) def of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 6.1).

film permit has the same meaning as in the Filming Approval Act 2014;

S. 3(1) def. of forest produce inserted by No. 96/1994 s. 3(b), amended by No. 48/2004 s. 135.

forest produce means forest produce within the meaning of the Forests Act 1958;

S. 3(1) def. of grazing allotment repealed by No. 96/1994 s. 17.

S. 3(1) def. of Land Classification Board repealed by No. 96/1994 s. 17.

S. 3(1) def. of land manager inserted by No. 19/2018 s. 136, repealed by No. 42/2021 s. 86.

S. 3(1) def. of metropolis substituted by No. 85/2006 s. 173(Sch. 1 item 2.3).

metropolis means the waterway management district of Melbourne Water Corporation under the Water Act 1989;

S. 3(1) def. of Minister inserted by No. 7228 s. 7(Sch. 4 Pt 19(b)(ii)), amended by No. 10087 s. 3(1)(Sch. 1 item 121), repealed by No. 46/1998 s. 7(Sch. 1).

S. 3(1) def. of noxious weed inserted by No. 52/1994 s. 97(Sch. 3 item 16.1).

noxious weed has the same meaning as in the Catchment and Land Protection Act 1994;

S. 3(1) def. of occupy amended by No. 8461 s. 3(b).

occupy in Division four of this Part means except where otherwise expressly provided residence by a selection purchase lessee in his own proper person on or within nine kilometres of his allotment;

S. 3(1) def. of Parks Victoria inserted by No. 19/2018 s. 136, repealed by No. 40/2020 s. 36(a).

S. 3(1) def. of Parks Victoria recorded land inserted by No. 19/2018 s. 136.

Parks Victoria recorded land has the same meaning as in the Conservation, Forests and Lands Act 1987;

Part means Part of this Act;

S. 3(1) def. of perpetual lessee amended by Nos 9019 s. 2(1)(Sch. item 99), 30/2014 s. 14(a).

perpetual lessee includes any transferee assignee and representative of a perpetual lessee and any person to whom the interest of a perpetual lessee comes by operation of law and shall be deemed to be included in the terms owner and proprietor in every Act where such terms refer to lands;

S. 3(1) def. of pest animal inserted by No. 52/1994 s. 97(Sch. 3 item 16.1).

pest animal means a pest animal under the Catchment and Land Protection Act 1994;

S. 3(1) def. of protected forest inserted by No. 96/1994 s. 3(c).

protected forest means protected forest within the meaning of the Forests Act 1958;

S. 3(1) def. of regulations substituted by No. 7548 s. 8(2)(b).

regulations means regulations made under this Act;

S. 3(1) def. of road inserted by No. 96/1994 s. 3(d), amended by No. 51/2016 s. 17.

road includes—

(a) a street; and

(b) Crown land delineated or shown as a road in any original map or plan in the Central Plan Office in accordance with which Crown land has or may have been sold, leased or licensed, or become subject to a residence area right, excluding formed or metalled roads constructed or maintained by a municipal council; and

(c) Crown land proclaimed to be a road under section 25(3)(c) or under a corresponding previous enactment or under any other Act relating to Crown lands; and

(d) Crown land which has or may have been reserved as a road under the Crown Land (Reserves) Act 1978 and the reservation published in the Government Gazette—

but does not include any road or street on land alienated in fee simple by the Crown;

selector under any previous Land Act or Acts means any person who has selected Crown lands under Part II of The Land Act 1862 or who has become a lessee of any Crown lands under Part II of The Amending Land Act 1865 or who is or has been a licensee under Part II of The Land Act 1869 or who has selected land under Part I of the Land Act 1915 or any amendment thereof or any corresponding previous enactment;

S. 3(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 4.1).

spouse of a person means a person to whom the person is married;

S. 3(1) def. of stratum of Crown land inserted by No. 79/1993 s. 4.

stratum of Crown land means a part of Crown land consisting of a space of any shape below, on or above the surface of the land or partly below and partly above the surface of the land, all the dimensions of which are limited;

substantial and permanent improvements includes dams wells cultivation fencing clearing or draining of a selection purchase allotment and the erecting of a habitable dwelling or farm or other buildings upon and permanently attached to the soil;

traveller means a person travelling with cattle as defined for the purposes of Division twelve or sheep for the bona fide purpose of taking the said cattle or sheep to and leaving them at a market or some other appointed place, but it does not mean any person travelling or who appears or who is deemed hereunder to be travelling with cattle or sheep for the purpose of depasturing the same upon or on either side of any road or track commonly used as a thoroughfare or leading to any auriferous Crown lands on which persons are actually engaged in mining for gold or upon any common, and the burden of proving such bona fide purpose aforesaid and of disproving such purpose of depasturing aforesaid shall in all criminal and civil proceedings whatsoever lie upon the person so travelling with cattle or sheep or upon the party who is interested in proving that such person was a "traveller" within the meaning of this Part;

S. 3(1) def. of unused road inserted by No. 96/1994 s. 3(e). amended by No. 40/2020 s. 36(b).

unused road means a road or any part of a road which is the subject of a notice under section 400(1).

S. 3(1) def. of vermin repealed by No. 52/1994 s. 97(Sch. 3 item 16.2).

S. 3(1) def. of water frontage inserted by No. 96/1994 s. 3(f), repealed by No. 40/2020 s. 36(a).

S. 3(2) inserted by No. 27/2001 s. 3(Sch. 1 item 4.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 33.2).

(2) For the purposes of the definition of domestic partner in subsection (1)—

S. 3(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 15.2(a)).

(a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and

S. 3(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 15.2(b)).

(b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

Note to s. 3 inserted by No. 62/2010 s. 121(2).

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.

S. 3A inserted by No. 12/2004 s. 160.

3A Application of Road Management Act 2004

(1) A road under this Act (other than a road to which section 400 applies) is a road for the purposes of the Road Management Act 2004 but is a public road for the purposes of that Act only if the road is a public road within the meaning it has in section 3(1) of the Road Management Act 2004.

(2) The relevant road authority for the purposes of the Road Management Act 2004 is, subject to any regulations for the purpose of section 37(1)(c) of the Road Management Act 2004—

(a) the person or body nominated for the purposes of this section in a notice published in the Government Gazette by the Minister administering this Act; or

S. 3A(2)(b) amended by No. 51/2016 s. 18.

(b) if no notice is published, the Secretary.

(3) Nothing in the Road Management Act 2004 is to be construed as requiring that a road which is specified to be an unused road under section 400 must be opened to the public or maintained.

S. 3B inserted by No. 6/2010 s. 25(5)(Sch. 2 item 5) (as amended by No. 45/2010 s. 6).

3B Transport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

S. 4 amended by No. 7548 s. 2(b), substituted by No. 96/1994 s. 4, repealed by No. 40/2020 s. 37.

S. 4A inserted by No. 10011 s. 5.

4A Minister may purchase lands

S. 4A(1) amended by No. 25/2023 s. 7(Sch. 1 item 17.1).

(1) The Minister may purchase by agreement for and on behalf of His Majesty any land—

(a) which is attached to land purchased by the Minister pursuant to section 5(1) of the Crown Land (Reserves) Act 1978; or

(b) which is wholly or partly surrounded by Crown land and would in the Minister's opinion, be best dealt with in conjunction with that Crown land.

S. 4A(2) amended by No. 10087 s. 3(1)(Sch. 1 item 122).

(2) The Minister may purchase land under subsection (1) subject to the condition that the vendor may continue to occupy the land for the vendor's lifetime or any period agreed to by the Minister.

S. 4A(3) amended by No. 25/2023 s. 7(Sch. 1 item 17.1).

(3) Any land purchased pursuant to this section shall be surrendered and transferred or conveyed to His Majesty and shall thereupon be unalienated land of the Crown freed and discharged from all trusts, encumbrances, limitations and restrictions whatsoever and from every estate or interest therein.

S. 4B inserted by No. 82/2009 s. 40, amended by No. 62/2010 s. 122, substituted by No. 19/2018 s. 137.

4B Management agreements with Traditional Owner Land Management Boards

(1) The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—

(a) the management of any unreserved Crown land under this Act that is appointed land of that Board; or

(b) the carrying out of specified functions, powers or duties in relation to the management of any unreserved Crown land under this Act that is appointed land of that Board.

(2) The Secretary must consult with Parks Victoria before entering into a management agreement under subsection (1) in relation to Parks Victoria recorded land.

S. 4B(2A) inserted by No. 42/2021 s. 87(1).

(2A) The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (1) in relation to land controlled and managed by the Great Ocean Road Coast and Parks Authority.

(3) In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.

(4) If an agreement under subsection (1)—

(a) provides for a Traditional Owner Land Management Board to manage any unreserved Crown land under this Act that would otherwise be managed by Parks Victoria under this Act or any other enactment, Parks Victoria does not have power to manage that land, to the extent of the agreement; or

(b) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any unreserved Crown land under this Act that would otherwise be carried out by Parks Victoria, Parks Victoria does not have power to carry out that function, power or duty, to the extent of the agreement.

S. 4B(4A) inserted by No. 42/2021 s. 87(2).

(4A) If an agreement under subsection (1)—

(a) provides for a Traditional Owner Land Management Board to manage any land that is unreserved Crown land and that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Great Ocean Road Coast and Parks Authority does not have power to manage that land, to the extent of the agreement; or

(b) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is unreserved Crown land and that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority does not have power to carry out that function, power or duty, to the extent of the agreement.

S. 4B(5) amended by No. 42/2021 s. 87(3).

(5) Subsections (4) and (4A) have effect despite any provision of this Act or any other enactment to the contrary.

S. 4C inserted by No. 62/2010 s. 123.

4C Land to be managed consistently with joint management plan

If any appointed land of a Traditional Owner Land Management Board constitutes land managed under this Act, the person responsible for the management of that appointed land under this Act must ensure that the land is managed in a way that is not inconsistent with any joint management plan for the land.

New s. 5 inserted by No. 51/2014 s. 9(Sch. 2 item 6.2).

5 Filming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

Pt 1 Div. 1 (Heading and ss 5–11) amended by Nos 7228 s. 7(Sch. 4 Pt 19(c)), 7548 s. 8(2)(a), 10087 s. 3(1)(Sch. 1 item 123), repealed by No. 96/1994 s. 18.

Division 2—Grants and reservations

Nos 3709 s. 12, 5029 s. 2, 5426 s. 2.

12 Governor in Council or Minister may convey land under this Part

S. 12(1) amended by Nos 40/2009 s. 26(2), 25/2023 s. 7(Sch. 1 item 17.2).

(1) Under and subject to the provisions of this Part but not otherwise, the Governor in Council or the Minister in the name and on behalf of His Majesty may grant convey or otherwise dispose of lands for the time being belonging to the Crown for such estate or interest as in each case is hereby authorized and for none other.

S. 12(2) amended by No. 6505 s. 2, repealed by No. 8763 s. 2(2).

S. 12(3) amended by Nos 6860 s. 2(1)(b), 7228 s. 7(Sch. 4 Pt 19(d)), repealed by No. 8763 s. 2(2).

S. 12(4) inserted by No. 6860 s. 2(1)(c), repealed by No. 8763 s. 2(2).

S. 12A inserted by No. 10011 s. 6.

12A Exchange of Crown land

(1) If it appears to the Minister at any time that—

(a) land is required for a public purpose and should be reserved under section 4 of the Crown Land (Reserves) Act 1978;

(b) the acquisition of land would enhance the public use and enjoyment of Crown land reserved under section 4 of the Crown Land (Reserves) Act 1978; or

(c) the acquisition of land would rationalize the boundaries between any private land and any land reserved under section 4 of the Crown Land (Reserves) Act 1978—

the Minister may enter into an agreement with the owner of the land sought to be acquired to exchange that land for any Crown land where the Crown land is not land permanently reserved for a public purpose under the Crown Land (Reserves) Act 1978.

S. 12A(2) amended by No. 10087 s. 3(1)(Sch. 1 item 124).

(2) Where the Minister enters into an agreement under subsection (1) he may also agree, where the value of the Crown land is not equal to the value of the land for which it is exchanged, to pay to or receive from the owner (as the case requires) an amount of money equal to that difference and may pay or receive such an amount in accordance with the agreement.

(3) The Governor in Council shall grant, in accordance with the terms of an agreement made under subsection (1), the Crown land referred to in the agreement to the person to whom it is agreed under the agreement that the Crown land should be granted.

S. 12A(4) amended by No. 25/2023 s. 7(Sch. 1 item 17.3).

(4) Land which is agreed upon in an agreement made under subsection (1) as land which is to revert to the Crown shall on surrender and transfer or conveyance to His Majesty become and be unalienated land of the Crown freed and discharged from all trusts, encumbrances, limitations and restrictions whatsoever and from every estate or interest therein.

S. 12A(5) amended by No. 10087 s. 3(1)(Sch. 1 item 124).

(5) The Minister shall, not less than 14 days before entering into an agreement under subsection (1) publish, in the Government Gazette and in the district in which the land the subject of the agreement is situated, a notice specifying—

(a) the particulars of the Crown land to be exchanged; and

(b) the particulars of the land for which the Crown land is to be exchanged under the agreement.

No. 3709 s. 13.

S. 13 amended by Nos 7228 s. 7(Sch. 4 Pt 19(e)), 25/2023 s. 7(Sch. 1 item 17.4).

13 Land acquired by Crown or Board may be conveyed

Subject to the provisions of any Act any land acquired by purchase or otherwise by the Crown and conveyed to His Majesty or to the Board of Land and Works (except land acquired for railway purposes) or to the Minister of Public Works may be sold granted conveyed or otherwise disposed of by the Governor in Council in the name and on behalf of His Majesty in the same manner and form but not otherwise as if such land had never been alienated from the Crown.

Ss 14–16 repealed by No. 9212 s. 2(1).

No. 3709 s. 17.

S. 17 amended by No. 25/2023 s. 7(Sch. 1 item 17.5).

17 Registration of Crown purchases to have same effect as enrolment

Every registration heretofore made, under the Real Property Statute 1864 or under any previously existing Act concerning the registration of deeds and conveyances affecting land, of a memorial of any grant conveyance or surrender to His Majesty of any freehold or leasehold land or any estate or interest therein, and every registration heretofore made under Act No. 140 or under the Transfer of Land Statute of any surrender or transfer to His Majesty of any estate or interest in any freehold or leasehold land under the operation or subject to the provisions of the last-mentioned Acts or either of them, and every registration which has been or is made under the Property Law Act 1958 or any corresponding previous enactment of any such memorials as aforesaid or under the Transfer of Land Act 1958 or any corresponding previous enactment of any such surrender or transfer as aforesaid, shall respectively be deemed to have been and shall be an enrolment of record of such grant conveyance surrender or transfer respectively.

Ss 18–22 repealed by No. 9212 s. 2(1).

S. 22A inserted by No. 6612 s. 2.

22A Power to public authorities to surrender lands

(1) Where any land is vested in an authority the authority may notwithstanding anything in any Act with the consent of the Governor in Council—

(a) surrender the land or any part thereof to the Crown;

(b) agree with any other authority to transfer the land or any part thereof to that other authority;

(c) agree with any other authority to exchange the land for land vested in that other authority.

(2) Where pursuant to this section an authority has agreed to transfer land to another authority it shall surrender the land to the Crown and the Governor in Council may by order published in the Government Gazette vest the land subject to and in accordance with the agreement in the other authority for the appropriate purposes of that other authority.

(3) Where pursuant to this section an authority has agreed with another authority to exchange land each authority shall surrender the land agreed to be exchanged to the Crown and the Governor in Council may by order published in the Government Gazette vest the land so surrendered subject to and in accordance with the agreement in the respective authorities for the appropriate purposes of those authorities respectively.

(4) (a) Where pursuant to subsection (1) of this section an authority surrenders land the Governor in Council by order published in the Government Gazette may make any amendment necessary in consequence of such surrender to any provision in any Act in which any land of the authority is described.

(b) Where pursuant to subsection (2) or subsection (3) of this section any land is surrendered by an authority and by Order in Council vested in another authority the Governor in Council by the same order may make any amendment necessary in consequence of such surrender or vesting to any provision in any Act in which any land of the respective authorities is described.

(5) In this section authority means any body corporate constituted by an Act of Parliament for a public purpose.

S. 22A(6) amended by Nos 9921 s. 255, 12/2004 s. 161(1), 6/2010 s. 203(1)
(Sch. 6 item 27.1) (as amended by No. 45/2010 s. 22).

(6) Nothing in this section shall limit the operation of the Transport Integration Act 2010 or the Road Management Act 2004.

S. 22B inserted by No. 7075 s. 2, repealed by No. 9212 s. 2(1).

S. 22C (Heading) inserted by No. 25/2023 s. 7(Sch. 1 item 17.6).

S. 22C inserted by No. 7075 s. 2, substituted by No. 8363 s. 2.

22C Attorney-General may authorize surrender of lands to His Majesty

S. 22C(1) amended by No. 25/2023 s. 7(Sch. 1 item 17.7).

(1) Subject to this section—

(a) the registered proprietor of or the person seized of an estate in fee-simple in any land—

(i) referred to in Schedule Two A; or

(ii) declared by the Governor in Council pursuant to subsection (2) to be land to which this section applies; and

S. 22C(1)(b) amended by No. 13/1990 s. 41(a).

(b) the municipal council of the municipal district in which any land referred to in Schedule Two B is situated—

may make application to the Attorney-General in or to the effect of the form prescribed for authority under this section to surrender the land concerned to His Majesty.

S. 22C(2) amended by Nos 9212 s. 2(2), 13/1990 s. 41(a).

(2) Any land (other than land permanently reserved pursuant to section 4 of the Crown Land (Reserves) Act 1978) which the clerk of the municipal council concerned has certified to be land which is or has been used for any cultural sporting or recreational purpose or for any purpose referred to in section 4 of the Crown Land (Reserves) Act 1978 may be declared by the Governor in Council, by proclamation published in the Government Gazette, to be land to which this section applies.

(3) Not less than 30 days and not more than 60 days before an application is made to the Attorney-General for authority under this section to surrender any land, a notice of intention to so apply, in or to the effect of the form prescribed, shall be published in a newspaper circulating generally in Victoria and in a newspaper circulating generally in the district in which the land is situated.

S. 22C(4) amended by Nos 10087 s. 3(1)(Sch. 1 item 125), 46/1998 s. 7(Sch. 1), 25/2023 s. 7(Sch. 1 item 17.7).

(4) Upon receipt of an application under this section and after consultation with the Minister, the Attorney-General—

(a) if satisfied that notice has been published in accordance with subsection (3); and

(b) after consideration—

(i) of any objections lodged pursuant to the notice; and

S. 22C(4)(b)(ii) amended by No. 18/1989 s. 13(Sch. 2 item 41(a)).

(ii) of the effect of the proposed surrender on any interest in the land concerned appearing from the Register kept pursuant to the Transfer of Land Act 1958 or registered in the office of the Registrar-General (as the case requires)—

may, notwithstanding anything in any instrument or in any other Act and subject to any conditions he thinks fit, authorize the applicant to surrender to His Majesty the land in respect of which the application is made.

S. 22D inserted by No. 8130 s. 2, substituted by No. 8363 s. 2.

22D Surrender of land by municipality

S. 22D(1) amended by Nos 13/1990 s. 41(a), 25/2023 s. 7(Sch. 1 item 17.8).

(1) Where the Attorney-General has authorized a municipal council to surrender any land the municipal council shall as soon as practicable thereafter execute an instrument of transfer and surrender or an instrument of conveyance (as the case requires) of the land to His Majesty.

S. 22D(2) amended by No. 13/1990 s. 41(a).

(2) An instrument executed by a municipal council pursuant to subsection (1) shall as nearly as may be have the same force and effect as if it had been executed by the registered proprietor of or the person seized of an estate in fee-simple in the land concerned.

S. 22E inserted by No. 8363 s. 2.

22E Surrendered land to be deemed unalienated land of Crown

S. 22E(1) amended by Nos 85/1998 s. 24(Sch. item 35), 25/2023 s. 7(Sch. 1 item 17.9).

(1) Upon registration in the Office of Titles of a transfer and surrender or of a conveyance to His Majesty of any land pursuant to an authority granted under section 22C the land shall be deemed to be unalienated land of the Crown freed and discharged from all trusts encumbrances limitations and restrictions whatsoever and from every estate or interest therein.

S. 22E(2) amended by No. 25/2023 s. 7(Sch. 1 item 17.9).

(2) Upon the surrender to His Majesty pursuant to an authority granted under section 22C of any land held upon trust, the trustees of the land shall in respect of that land be freed and discharged from all further duties and liabilities under the trust.

S. 22F inserted by No. 8652 s. 2, amended by No. 8702 s. 55(10)(a), repealed by No. 9212 s. 2(1).

S. 22G inserted by No. 9057 s. 7, repealed by No. 9212 s. 2(1).

No. 3709 s. 23.

S. 23 amended by No. 25/2023 s. 7(Sch. 1 item 17.10).

23 Escheated and forfeited lands may be conveyed

When His Majesty has become or hereafter becomes entitled to any land by reason of intestacy or of any forfeiture or of the same having been purchased or held by or for the use of or in trust for any alien or aliens contrary to the provisions of any law for the time being in force, the Governor in Council may if he thinks fit grant such lands or any part thereof in fee simple or for any less estate to any person for the purpose of restoring the same to any of the family of the person whose estate the same had been or of carrying into effect any intended grant conveyance or devise of such last-mentioned person in relation thereto or of rewarding any person making discovery of such intestacy and its consequences or of His Majesty's right and title to such land or in default such land may be dealt with in the same manner as land not alienated by the Crown.

S. 24 amended by No. 7548 s. 2(c), repealed by No. 40/2020 s. 38.

Nos 3709 s. 25, 4181 s. 2(1).

25 Governor in Council may divide territory into counties etc.

(1) The Governor in Council may subdivide any county into parishes and townships and by proclamation published in the Government Gazette may define the boundaries of such parishes and townships and distinguish each by a name.

(2) After such proclamation the territory comprised within the boundaries of any of the said subdivisions shall thenceforward be recognized as a parish or township by the name so given as aforesaid.

(3) The Governor in Council may—

S. 25(3)(a) amended by Nos 7360 s. 5, 8181 s. 2(1)(Sch. item 99).

(a) alter by proclamation as aforesaid the name of any county parish or township within the State of Victoria or substitute by proclamation as aforesaid the designation "township" for the designation "town" or "village" in respect of any territory proclaimed as a town or village pursuant to any repealed Act relating to the sale and occupation of Crown lands;

(b) diminish or extend by proclamation as aforesaid the area of any county or parish or alter the boundaries or name thereof and add the territory taken away from one county to any adjacent county or the territory taken away from one parish to any adjacent parish and divide any county into two or more counties or any parish into two or more parishes and give to each a distinguishing name;

S. 25(3)(c) amended by No. 6505 s. 2.

(c) proclaim from time to time by a notice published in the Government Gazette any portion or portions of Crown lands as a street or road or as a township;

(d) annul and rescind from time to time by a notice published in the Government Gazette any proclamation made under this or any repealed Act of any portion or portions of Crown lands as townships or villages or diminish or extend from time to time by a notice published in the Government Gazette the area of any town or township the subject of any such previous proclamation.

(4) The lands upon which such street or road has been proclaimed shall be and be deemed to be thenceforth dedicated to the public.

S. 25(5) inserted by No. 96/1994 s. 5.

(5) A document describing Crown land as a road is evidence, and in the absence of evidence to the contrary, is proof that the land is a road within the meaning of this Act.

S. 25(6) inserted by No. 96/1994 s. 5.

(6) Subsection (5) applies to—

S. 25(6)(a) amended by No. 51/2016 s. 19.

(a) a map or plan in the Central Plan Office showing or delineating land as a road; or

(b) a copy of the Government Gazette containing a proclamation of land as a road; or

(c) a copy of the Government Gazette containing an instrument reserving or purporting to reserve land as a road.

No. 3709 s. 26.

26 Crown grants and leases to be dated

Notwithstanding any law or usage to the contrary, every Crown grant and lease hereafter issued shall bear the date on which the person named therein as grantee or lessee respectively first became entitled to such grant or lease, and the registration thereof under the Transfer of Land Act 1958 shall be deemed to be an enrolment of record thereof, and such enrolment shall relate back to the date of the grant or lease.

Division 3—Administration

No. 3709 s. 27.

27 Appointment of land office and land officer

There shall be one or more land officers and one or more land offices for the purpose of receiving applications in respect of Crown lands and payments on account thereof; and no such officer shall directly or indirectly become the licensee or lessee of any Crown land within the district to which he is appointed.

No. 3709 s. 28.

28 Application for a lease or licence

Any person may on any day during office hours deliver or cause to be delivered any such application to a land officer acting in the district.

No. 3709 s. 29.

29 Applications to be entered

Every application shall be received and entered in its order in a book to be kept for that purpose.

S. 30 substituted by No. 8367 s. 2, repealed by No. 41/1987 s. 103(Sch. 4 item 39.3).

S. 31 (Heading) inserted by No. 40/2020 s. 39(1).

S. 31 amended by No. 7228 s. 7(Sch. 4 Pt 19(f)), substituted by No. 8367 s. 2.

31 Duties of authorised officers

S. 31(1) amended by No. 41/1987 s. 103(Sch. 4 item 39.5).

(1) Every authorised officer shall—

S. 31(1)(a) amended by No. 40/2020 s. 39(2).

(a) prevent intrusion encroachment or trespass on any Crown land;

S. 31(1)(b) amended by No. 40/2020 s. 39(2).

(b) levy or recover rent or licence fees payable in respect of Crown land;

(c) take and recover possession of any allotment or lands forfeited under this or any other Act;

(d) carry out any other duties imposed under this Act;

S. 31(1)(e) amended by No. 10011 s. 7(1).

(e) enforce any regulation made under this Act or under section 13 of the Crown Land (Reserves) Act 1978;

S. 31(1)(f) amended by Nos 10087 s. 3(1)(Sch. 1 item 125), 46/1998 s. 7(Sch. 1).

(f) carry out such other duties as may be directed by the Minister.

S. 31(2) amended by Nos 41/1987 s. 103(Sch. 4 items 39.4, 39.6, 39.7), 57/1989 s. 3(Sch. item 109.1), 68/2009 s. 97(Sch. item 74).

(2) An authorised officer shall have the like power and authority to do all such acts as any authorised officer lawfully appointed may by law do in respect of any lands tenements or hereditaments of his employer; and every such authorised officer may file a charge-sheet charging an offence against any person who is in unauthorized occupation whether under colour of any licence or lease or otherwise of any Crown lands, or whose right to occupy such lands has ceased, and may sue for and recover any penalty from any person liable to forfeit the same.

S. 31(3) amended by Nos 41/1987 s. 103(Sch. 4 items 39.4, 39.7), 10/2004 s. 15(Sch. 1 item 14.1 (a)(b)).

(3) Any person who obstructs or assaults or incites or encourages any person to obstruct resist or assault an authorised officer in the execution of his duty under this Act or who threatens or abuses any such authorised officer shall be guilty of an offence against this Act and liable to a penalty not exceeding 2⋅5 penalty units or imprisonment not exceeding 3 months.

S. 31(4) inserted by No. 10011 s. 7(2), amended by No. 41/1987 s. 103(Sch. 4 item 39.4).

(4) An authorised officer may seize and remove any vehicle or vessel parked or left without lawful authority on any Crown land and may retain the vehicle or vessel (either in a garage or elsewhere) until the owner reimburses the Crown for the cost of the removal, retention and release of the vehicle or vessel.

S. 31(5) inserted by No. 10011 s. 7(2), amended by No. 41/1987 s. 103(Sch. 4 items 39.4, 39.8).

(5) Where an authorised officer reasonably believes that a person has contravened or is contravening any provision of this Act or the Crown Land (Reserves) Act 1978 or any regulation made under either Act, the authorised officer may ask the person to state the person's name and address.

S. 31(6) inserted by No. 10011 s. 7(2).

(6) A person who is asked pursuant to subsection (5) to state the person's name and address and fails to do so or states a false name or address shall be guilty of an offence.

1. 5 penalty units.

No. 3709 s. 32.

S. 32 amended by No. 7228 s. 7(Sch. 4 Pt 19(g)).

32 Authority of persons appointed under this Act

The Governor in Council or the Minister respectively may in all cases where power is given by this Act to appoint or authorize any person for a particular purpose or to do a particular act, appoint or authorize such person generally for any such purpose or to do all acts of the same or the like nature; and such person may do all things within the scope of such general authority in all cases to which his appointment or authority purports or can be construed to extend.

No. 3709 s. 33.

33 Several persons may be appointed to do the same act

Whenever any person has been or may be appointed in pursuance of this Act as the person to perform any act or with regard to whom any act is to be performed, it shall nevertheless be lawful to appoint some other person to be the person to perform such act or with regard to whom such act is to be performed.

S. 34 amended by Nos 7548 s. 2(d), 96/1994 s. 6, repealed by No. 14/2024 s. 3.

S. 35 amended by Nos 7548 s. 6(a), 10/2004 s. 15(Sch. 1 item 14.2(a)(b)), repealed by No. 14/2024 s. 3.

No. 3709 s. 36.

36 Power to Governor in Council to withdraw lands from sale etc.

The Governor in Council may if he thinks fit withhold or withdraw from sale leasing or licensing any land or allotment.

No. 3709 s. 37.

37 Minister to lay annual report before Parliament

The Minister shall annually lay or cause to be laid before both Houses of Parliament a report of the proceedings taken under the provisions of Parts I and II during the financial year ending on the last day of June preceding the date of such report.

Pt 1 Div. 3A (Heading and s. 37A) inserted by No. 9183 s. 2, amended by No. 9528 s. 2, repealed by No. 96/1994 s. 19.

Pt 1 Div. 4 (Heading) amended by No. 96/1994 s. 21(1).

Division 4—Perpetual leases

Pt 1 Div. 4 Subdiv. 1 (Heading and ss 38–42) amended by Nos 6505 s. 2, 7332 s. 2 (Sch 1 item 32), 8461 s. 4(a)–(e), 9075 s. 5(2), repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).

Pt 1 Div. 4 Subdiv. 2 (Heading and ss 43–52) amended by Nos 7228 s. 7(Sch. 4 Pt 19(h)(i)), 7315 s. 3(Sch. 1), 7332 s. 2(Sch. 1 item 33), 8181 s. 2(1)(Sch. item 90), 8461 ss 5–10, 9075 s. 5(2), 9427 s. 6(1)(Sch. 5 item 75), 41/1987 s. 103(Sch. 4 items 39.9, 39.10), 13/1990 s. 41(b), 52/1994 s. 97(Sch. 3 item 16.3), repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).

Pt 1 Div. 4 Subdiv. 3 (Heading) repealed by No. 96/1994 s. 21(2).

No. 3709 s. 53.

53 Power to select allotment under perpetual lease

Where pursuant to the provisions of this Act or any repealed Act or to the covenants or conditions of any lease granted thereunder any person is entitled to apply to select any land as a selection purchase allotment such person may apply to select such allotment under a perpetual lease, and subject to this Part a perpetual lease thereof may be granted to such person accordingly.

No. 3709 s. 54.

54 Application of subdivision

Where power is given to any person to apply to select any land under a perpetual lease such lease shall, unless modified or otherwise expressly provided, be subject to all the provisions of this subdivision.

No. 3709 s. 55.

S. 55 amended by No. 7228 s. 7(Sch. 4 Pt 19(j)).

55 Conditions in perpetual lease

(1) Every perpetual lease shall be issued by the Governor in Council, and shall contain the following conditions namely—

(a) a condition for the payment in advance of the yearly rent;

S. 55(1)(b) amended by No. 52/1994 s. 97(Sch. 3 item 16.4).

(b) a condition that the perpetual lessee shall at once and to the satisfaction of the Minister commence and continue to eradicate or control and will within two years after the issue of the perpetual lease have eradicated or controlled to the satisfaction of the Minister the pest animals upon the land demised, and that the lessee will keep the land free of pest animals and noxious weeds within the meaning of the Catchment and Land Protection Act 1994 to the satisfaction of the Minister;

S. 55(1)(c) amended by No. 9427 s. 6(1)(Sch. 5 item 75).

(c) a condition that the perpetual lessee shall within six years from the issue of the perpetual lease if not sooner called upon under the provisions of the Fences Act 1968 enclose the land demised with a fence and keep the same in repair provided however that where any lessee proves to the satisfaction of the Minister that owing to the physical conditions or the nature of the land demised the enclosing thereof with a fence would be impracticable or where in the opinion of the Minister the fencing of the whole or any part of the land demised is not required, the Minister may in writing accept as a compliance with the fencing covenant the expenditure by the lessee on such land for substantial and permanent improvements previously approved by the Minister of an amount equivalent in the Minister's opinion to the cost of fencing;

S. 55(1)(d) amended by No. 8461 s. 11(a).

(d) a condition that the perpetual lessee his executors administrators or assigns shall within six months after the granting of the perpetual lease reside upon the land demised or within nine kilometres thereof and that he shall reside upon the land demised or within nine kilometres thereof for at least six months during the first year of the term of such lease and for at least eight months during each of the second third fourth and fifth years of such term, provided that if he cultivates at least one-fourth of the land demised within the first two years of such term and at least one-half thereof before the end of the fourth year of such term this condition as to residence shall not operate;

S. 55(1)(e) amended by Nos 8461 s. 11(b)(i)-(v), 96/1994 s. 31(a)(i)(ii).

(e) a condition that the perpetual lessee shall on the land demised make substantial and permanent improvements certified in writing signed by the Minister not exceeding the value of $2.50 for every hectare of the said land before the end of the third year from the commencement of the lease, and not exceeding the value of $2.50 for every hectare before the end of the sixth year from such commencement;

(f) a condition that the lease shall be voidable at the will of the Governor in Council in the event of any breach of or non-compliance with the covenants or conditions thereof by the perpetual lessee[1];

(g) a condition that the perpetual lessee will not transfer assign mortgage sublet or part with the possession of the whole or any part of the land demised within the first six years of such lease. Where any lease is assigned to any person by the trustee assignee or receiver in bankruptcy or the executors or administrators of the lessee such lessee not having personally resided on the land demised pursuant to the conditions of the lease or no proof satisfactory to the Minister being given of such residence the Governor in Council may date such assigned lease so as to enable the new lessee to comply with the said condition of residence contained in the lease and may make such adjustments of rent as are necessary and the said lease shall be read and construed accordingly;

(h) a condition that if any time after the expiration of the first six years of such lease the Minister is satisfied that all the covenants and conditions thereof have been complied with and that no rent is due thereon the perpetual lessee may with the written consent of the Minister transfer mortgage sublet or part with the possession of the whole or any part of the land demised; and

S. 55(1)(i) amended by No. 25/2023 s. 7(Sch. 1 item 17.11).

(i) a condition that the Governor in Council or the Minister may at any time enter upon the whole or portion of the land demised for the purpose of resuming any land comprised therein and required for reserves for public purposes roads railways canals reservoirs or for mining purposes. Every perpetual lessee shall upon such entry remove any improvements from his leasehold or part thereof and relinquish and give up possession of the said leasehold or part to His Majesty. There shall be paid by His Majesty the actual cost of removing and re-erecting, and any actual depreciation in value caused by such removal and re‑erection of his improvements and the amount of loss sustained in consequence of relinquishing improvements not removable. Such cost or amount shall be fixed by the Minister but shall not include compensation for severance or for any person's interest in the perpetual lease and may be paid to such person or persons as the Minister determines.

(2) Every perpetual lease shall also be subject to such conditions as may be provided by regulations.

S. 56 amended by Nos 7228 s. 7(Sch. 4 Pt 19(k)), 8181 s. 2(1)(Sch. item 91), 10011 s. 8, substituted by No. 40/2020 s. 40.

56 Rent under perpetual lease

(1) Subject to this section, for every successive 10‑year period, the rent payable by the perpetual lessee (other than the perpetual lessee of any swamp or reclaimed land) is the amount for each year fixed by the Minister at the start of that 10‑year period.

(2) The rent payable by a perpetual lessee for any swamp or reclaimed land is 4 per cent for each year of the value of the land as assessed by the Minister under subsection (3).

(3) For the purposes of subsection (2), the Minister must reassess the value of the land every 10 years.

(4) For the purposes of subsection (3), when any swamp or reclaimed land is being reassessed, any improvements on the land which do not belong to the Crown must not be included in or added to the value of the land.

(5) Despite subsection (2), if the Minister is satisfied that in the circumstances of any particular case a higher or lower rent should be charged during any successive period for the perpetual lease of any swamp or reclaimed land—

(a) the Governor in Council may from time to time by Order published in the Government Gazette increase or decrease the rent for that part of the remainder of that successive period as is specified in the Order; and

(b) the increased or decreased rent is payable from the date of the Order or any later date specified in the Order.

(6) For the purposes of subsection (1), for a perpetual lease to which old section 56 applied immediately before the commencement of section 40 of the 2020 amending Act, the 10-year period applying to that lease immediately before that commencement—

(a) is taken to continue to apply to that lease after that commencement; and

(b) is taken to expire at the same time as the period would have expired if section 40 of the 2020 amending Act had not been enacted.

(7) For the purposes of subsection (2), for any swamp or reclaimed land to which old section 56 applied immediately before the commencement of section 40 of the 2020 amending Act, the 10-year period applying to the assessment of the value of that land immediately before that commencement—

(a) is taken to continue to apply to that land after that commencement; and

(b) is taken to expire at the same time as the period would have expired if section 40 of the 2020 amending Act had not been enacted.

(8) In this section—

old section 56 means section 56 of this Act as in force before the commencement of section 40 of the 2020 amending Act;

2020 amending Act means the Parks and Crown Land Legislation Amendment Act 2020.

No. 3709 s. 57.

S. 57 amended by No. 7228 s. 7(Sch. 4 Pt 19(k)).

57 Recovery of rent and interest[[2]](#endnote-3)

The Minister shall have the same powers for the levying or recovery of rent under the perpetual lease and of interest thereon as by law he has with respect to the levying or recovery of rent under this Part.

No. 3709 s. 58.

58 Power of perpetual lessee to surrender lease

S. 58(1) amended by No. 25/2023 s. 7(Sch. 1 item 17.12).

(1) Any perpetual lessee who has selected land on which no arrears of rent are due may in writing apply at any time for permission to surrender the lessee's lease to His Majesty.

S. 58(2) amended by Nos 7228 s. 7(Sch. 4 Pt 19(k)), 96/1994 s. 31(b).

(2) If the Minister is satisfied that the applicant holds the allotment bona fide for his sole use and benefit and that such surrender is approved of in writing by any mortgagee or lienee of such lease the Governor in Council may if he thinks fit accept such surrender and on payment of such fee as may be prescribed issue to such applicant a selection purchase lease (residential or non-residential) for such allotment.

s. 59.

S. 59 amended by No. 7228 s. 7(Sch. 4 Pt 19(k)).

59 Ante-dating of lease

(1) Any applicant who has been granted a selection purchase allotment under the provisions of the last preceding section and who proves to the satisfaction of the Minister that he has occupied his allotment may if the Minister thinks fit have his selection purchase lease therefor dated from the first day of January or the first day of July in the half-year in which he commenced to occupy such allotment; and in the event of his occupation of such allotment not having been continuous may if the Minister thinks fit have his selection purchase lease therefor so dated from the first day of January or the first day of July in any year as to cover in the aggregate the periods during which he has so occupied his allotment and such selection purchase lease shall thereupon be deemed to have been issued on such date.

(2) Such selection purchase lease shall not be issued until the applicant pays the amount of rent which would have been payable under the selection purchase lease if it had been issued on the date thereof.

(3) The applicant on the issue to him of the selection purchase lease shall be entitled to have all substantial and permanent improvements valued by the Minister and to be credited with the same as if made under and pursuant to the conditions and covenants of the selection purchase lease.

(4) The Governor in Council may in the selection purchase lease make all necessary adjustments accordingly.

(5) Where a selection purchase lease is issued pursuant to the last preceding section the selection purchase lessee may at any time during the first six years of the term of the selection purchase lease give to any person who at the time of surrender of the perpetual lease was a mortgagee thereof a lien on his improvements to the full amount due on such mortgage at the time of such surrender; and the provisions of this Act relating to liens shall apply to the lien given pursuant to this section.

(6) The Minister may if he thinks fit direct that the whole or any part of the rent paid on account of a surrendered perpetual lease shall be credited as part of the rent payable on the selection purchase allotment, and that any occupation of the land comprised in the surrendered perpetual lease shall be deemed and taken to be occupation under the selection purchase lease.

No. 3709 s. 60.

60 Limit of land to be held under perpetual lease

S. 60(1) amended by Nos 8461 s. 12(a)(i)–(iv), 96/1994
s. 31(c).

(1) No person shall hold under this Part as perpetual lessee either in his own name or the name or names of any other person or persons more than 1170 hectares of land.

S. 60(2) amended by No. 25/2023 s. 7(Sch. 1 item 17.13).

(2) If any person except as hereinafter mentioned holds lands or any estate or interest in lands contrary to the provisions of this section, such lands or so much thereof as may be held contrary to the provisions of this section shall be liable to be forfeited to His Majesty, and the particular lands to be so liable to be forfeited shall be determined by the following rules:

S. 60(2)(a) amended by No. 8461
s. 12(a)(i)–(iv), substituted by No. 96/1994 s. 31(d).

(a) if a person who is a perpetual lessee of lands not exceeding 1170 hectares becomes the perpetual lessee of other lands so as to exceed that limit, that person's estate or interest in the lands which exceed that limit are liable to be forfeited;

S. 60(2)(b) amended by No. 8461 s. 12(a)(i)–(v), substituted by No. 96/1994 s. 31(d).

(b) a person referred to in paragraph (a) forfeits none of the lands of which that person was the owner before he or she exceeded the limit of 1170 hectares;

S. 60(2)(c) amended by No. 8461 s. 12(a)(i), substituted by No. 96/1994 s. 31(d).

(c) the Minister may determine, by notice in writing given to the lessee, which part of the lands in excess of the limit are liable to be forfeited.

(3) If any person by or under any will or as one of the next of kin of any deceased person or by reason of any estate or interest in expectancy falling into possession or by survivorship or by the foreclosure of any mortgage becomes the perpetual lessee of any lands and by reason thereof he becomes such perpetual lessee of land to a greater extent than the extent hereby permitted, such person shall not be deemed to hold such lands contrary to the provisions of this section until the expiration of five years from the death of the testator or intestate or the falling of such estate or interest into possession or the death of the person upon whose death any estate or interest accrues by survivorship to such first-mentioned person or the foreclosure of such mortgage as the case may be.

(4) If any mortgagee of any lands takes possession of such lands as perpetual lessee he shall after the expiration of five years from taking such possession be deemed to hold such lands as perpetual lessee within the meaning of this section.

S. 60(5) amended by No. 8461 s. 12(b)(i)(ii).

(5) Every person holding any lands or any estate or interest in lands contrary to the provisions of this section, in addition to the liability to forfeiture hereinbefore provided for, shall be liable to a penalty of not more than 50 cents for every hectare of such lands held by him contrary to the provisions of this section, and an additional penalty of the same amount for every year he may hold the same.

(6) If lands become liable to be forfeited under the provisions of this section such lands may be forfeited while held by the person by whom the forfeiture was incurred or by any person claiming under him not being a bona fide purchaser for value, but such lands shall not be liable to be forfeited after they have passed into the hands of any bona fide purchaser for value claiming under any such person.

S. 60(7) amended by No. 6505 s. 2.

(7) If any person who is the perpetual lessee of lands to an extent beyond the extent of which any person is permitted to be the perpetual lessee is an infant or lunatic, any executor administrator or trustee in whom such lands may be vested on behalf of such infant or lunatic or if there is none the guardian (if any) of the estate of such infant or the committee or guardian of the estate of such lunatic shall sell such lands estate or interest or so much thereof as may be necessary to reduce the extent of which such infant or lunatic is the perpetual lessee to the extent permitted by this section and apply the proceeds as part of the estate of such infant or lunatic; and if such lands are so sold within five years after the date at which such infant or lunatic became the perpetual lessee of lands to an extent in excess of the extent permitted by this section such lands shall not be liable to forfeiture under the provisions of this section unless a forfeiture was incurred previous to such infant or lunatic becoming the perpetual lessee or to the lunacy of such lunatic; and such executor administrator trustee guardian or committee is hereby empowered and directed to execute proper transfers and assurances for the purpose of vesting such lands in the purchasers thereof which shall be as effectual for that purpose as if the infant or lunatic were of full age and sound mind and executed the same.

Pt 1 Div. 4 Subdiv. 4 (Heading) repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).

Nos 3709 s. 61, 4873 s. 3(1)(3).

61 Encumbranced leases

S. 61(1) amended by No. 7228 s. 7(Sch. 4 Pt 19(l)), repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11).

S. 61(2) amended by No. 8304 s. 5.

(2) Where any lease under this Act is subject to a registered encumbrance and the lessee obtains a Crown grant of such land (whether with or without any addition thereto or adjustment thereof)—

(a) such encumbrance shall without further or other authority than this Act be transferred and apply to such Crown grant and to the land thereby granted in all respects as if such Crown grant had been referred to in such encumbrance; and

S. 61(2)(b) substituted by No. 18/1989
s. 13(Sch. 2 item 41(b)).

(b) the Registrar of Titles must make a recording of the encumbrance on the relevant folio of the Register.

S. 61(2A) inserted by No. 9812 s. 7(1)(g).

(2A) In subsection (2), lease under this Act includes a purchase lease issued under the Agricultural Colleges Act 1958.

No. 4873 s. 3(3).

S. 61(3) amended by No. 7228 s. 7(Sch. 4 Pt 19(l)).

(3) (a) Where the lease of any land under any of the provisions of this Act is subject to a registered encumbrance and before the expiration of the term thereof a new lease of the same land (whether with or without any addition thereto or adjustment thereof) is granted to the lessee in substitution for such first-mentioned lease such encumbrance shall, if the Minister considers it equitable, be transferred and apply to such new lease and to the land thereby demised in all respects as if such new lease had been referred to in such encumbrance.

(b) Upon the grant of any new lease referred to in the last preceding paragraph the Minister shall forthwith furnish to the Registrar of Titles—

(i) a certificate signed by the Minister setting forth the registered encumbrances on the former lease which are to be transferred to the new lease; or

(ii) where no encumbrances are to be transferred a notification in writing to that effect.

S. 61(3)(c) substituted by No. 18/1989 s. 13(Sch. 2 item 41(c)).

(c) The Registrar of Titles must, upon receipt of such certificate, make a recording of the encumbrance on the relevant folio of the Register.

Ss 62–69 repealed.[3]

Pt 1 Div. 4 Subdiv. 5 (Heading and ss 70–84) repealed.[4]

Pt 1 Div. 5 (Heading and ss 85–88) repealed.[5]

Pt 1 Div. 6 (Heading and ss 89–100) amended by Nos 7228 s. 7(Sch. 4 Pt 19(q)), 8181 s. 2(1)(Sch. item 94), 8461 ss 16–18, 9805 s. 3(a)–(c), 9861 s. 3(1), 9902 s. 2(1)(Sch. item 131), substituted as Pt 1 Div. 6 (Heading and ss 89–99) by No. 10011 s. 9, amended by No. 75/1987 s. 4(2).

Division 6—Sale of land by auction or tender
or to a public authority

No. 3709 s. 89.

S. 89 substituted by No. 10011 s. 9.

89 Minister may sell Crown land by public auction or public tender

(1) The Minister may sell any Crown land in fee simple by public auction or by public tender at such reserve price and on such terms and conditions as he thinks fit.

(2) Nothing in subsection (1) constitutes an authority to sell any land which has been reserved either temporarily or permanently under section 4 of the Crown Land (Reserves) Act 1978 where the reservation of the land has not been revoked.

No. 3709 s. 90.

S. 90 substituted by No. 10011 s. 9.

90 Minister to give notice of public auction or public tender

The Minister shall, not less than fourteen days before—

(a) the day on which a public auction of any Crown land is held; and

(b) the last day on which tenders for the sale of any Crown land by public tender may be submitted to him—

publish, in the Government Gazette and in a newspaper circulating in the district in which the land is situated, a notice specifying—

(c) the place and time of the auction or the last day on which tenders may be submitted to the Minister (as the case may be);

(d) the particulars of the land;

(e) the amount of the deposit to be paid at the auction or lodged with the tender (as the case may be);

(f) the period for payment of the residue of the purchase price; and

(g) the rate of interest (if any) to be charged on the residue of the purchase price.

Nos 3709 s. 91, 4873 s. 5.

S. 91 substituted by No. 10011 s. 9.

91 Procedure where reserve price not reached at auction or by tender

Where a public auction of any Crown land is held, or tenders for Crown land are received, and no bid at the auction, or no tender (as the case may be) reaches the reserve price for that land, the Minister may—

(a) sell the land to the person making the highest bid or submitting the highest tender at a price not less than the reserve price and on terms and conditions no more favourable to the purchaser than those published pursuant to section 90 with respect to that land;

(b) sell the land to any other person at a price which is not less than the reserve price, and upon terms and conditions no more favourable to the purchaser than those published pursuant to section 90 with respect to that land; or

(c) sell the land by public auction or by public tender at such new reserve price and such new terms and conditions as he thinks fit.

No. 3709 s. 92.

S. 92 substituted by No. 10011 s. 9.

92 Purchaser of Crown land by auction or tender deemed to be owner

(1) From the time of sale of land under this Division, the purchaser of the land shall for the purposes of any Act imposing any obligation on an owner of land be deemed to be the owner of the land.

(2) Nothing in subsection (1) imposes any liability on the Crown or the Minister in regard to any land sold under this Division where the contract for the sale of the land becomes void by reason of the non-payment of any part of the purchase price or the non-performance or non-observation of any condition of the contract of sale by the purchaser.

S. 93 substituted by No. 10011 s. 9, repealed by No. 1/2010 s. 90.

Nos 3709 s. 94, 4095 s. 4, 4873 s. 6.

S. 94 substituted by No. 10011 s. 9.

94 Commission may be paid

Where land is sold by private sale under this Division, a commission not exceeding the rate fixed under the Estate Agents Act 1980 may be paid at the discretion of the Minister.

No. 3709 s. 95.

S. 95 substituted by No. 10011 s. 9.

95 Land to be granted when purchase price paid

Where the purchase price of land sold under this Division has been paid in full and the purchaser has complied with the conditions of sale, the Governor in Council shall grant in fee simple the land to the purchaser.

No. 3709 s. 96.

S. 96 substituted by No. 10011 s. 9.

96 Person not to assign interest under contract of sale without Minister's consent

A person who has any interest under a contract for the sale of land under this Division shall not, before the land is granted, transfer or assign the interest unless—

(a) the Minister gives written consent to the transfer or assignment; and

(b) the person pays the prescribed fee.

No. 3709 s. 97.

S. 97 substituted by No. 10011 s. 9.

97 Penalty interest for failure to pay money due under contract of sale

(1) A purchaser of land under this Division who fails to pay any money due under the contract of sale on the day it falls due shall pay in respect of the amount due, for the period of default, interest at the same rate as the rate of interest determined by the Minister under section 228.

(2) Nothing in subsection (1) affects the Minister's power to take any other action under this Division.

Nos 3709 s. 98, 5914 s. 2.

S. 98 substituted by No. 10011 s. 9.

98 Minister may declare contract of sale void on default

(1) Where a purchaser of land under this Division—

(a) fails to pay any money due under the contract of sale on the day it falls due; or

(b) fails to observe or perform any condition of the contract of sale—

and does not rectify the matter within 30 days after receiving written notice from the Minister to do so, the Minister may declare by notice published in the Government Gazette that the contract is void.

(2) Where a declaration is made under subsection (1) that a contract for the sale of land is void—

(a) the declaration shall have effect according to its tenor;

(b) any money paid for the land under the contract shall be forfeited to the Crown; and

(c) the Minister may proceed to recover and take possession of the land.

(3) Where a declaration is made under subsection (1) that a contract for the sale of land to a purchaser is void, the Minister, if he sells the land to another purchaser, may, after allowing for any deficiency in the purchase price so obtained and after taking into account the expenses of that sale, refund to the first-mentioned purchaser the whole or any part of any money which was forfeited to the Crown as a result of the declaration.

Nos 3709 s. 99, 5914 s. 2.

S. 99 substituted by No. 10011 s. 9, amended by No. 45/1987 s. 205(Sch. item 39), substituted by No. 75/1987 s. 4(1).

99 Minister may sell Crown land to public authority

(1) In this section public authority has the same meaning as in the Conservation, Forests and Lands Act 1987.

(2) This section applies despite anything to the contrary in any Act.

(3) With the Governor in Council's approval, the Minister may sell Crown land to a public authority at a price and on terms and conditions which the Minister thinks fit, if the Minister is satisfied that the public authority requires the land for a public purpose.

(4) The Minister cannot under subsection (3) sell land to a public authority if the land is for the time being permanently or temporarily reserved under section 4 of the Crown Land (Reserves) Act 1978.

(5) A public authority may acquire land sold to it under this section for any public purpose for which the authority may acquire or hold land.

S. 99(6) amended by No. 13/1990 s. 41(c).

(6) Without limiting subsection (5), a reference to a public purpose includes, in the case of a municipal council, the purpose of housing or decentralised industry.

(7) The Minister cannot, under subsection (3), sell to a public authority land described in Schedule Three A.

S. 99A inserted by No. 28/1993 s. 4.

99A Sale by private treaty

(1) This section applies to Crown land—

(a) approved by the Governor in Council, by Order published in the Government Gazette, for sale by private treaty; or

(b) included in a class of Crown land approved by the Governor in Council, by Order published in the Government Gazette, for sale by private treaty.

(2) The Minister may sell Crown land to which this section applies at a price (not less than the Valuer-General's valuation) and on any other terms and conditions that the Minister thinks fit.

(3) The Minister cannot, under subsection (2), sell land—

(a) if the land is for the time being permanently or temporarily reserved under section 4 of the Crown Land (Reserves) Act 1978; or

(b) if—

(i) the land is for the time being under a lease or licence under this Act; and

(ii) this Act or that lease or licence confers on the holder (whether absolutely or on conditions) a right or power to obtain a Crown grant of the land.

No. 3709 s. 100.

S. 100 repealed by No. 10011 s. 9, new s. 100 inserted by No. 122/1986 s. 3.

100 Sale of Crown land subject to lease

(1) This section applies to a sale under this Division of Crown land, if the Crown land is subject to a lease granted under subdivision 1 of Division 9 or any corresponding previous enactment (except a lease for amusement or recreational purposes or for the purposes of rifle ranges or roads and tramways, or a lease under section 137A).

(2) Upon a sale to which this section applies any lease referred to in subsection (1) to which the sale is subject has effect as a lease between the purchaser as lessor and the lessee under the lease as if it had been assigned to the purchaser and as if—

S. 100(2)(a) amended by No. 25/2023 s. 7(Sch. 1 item 17.14).

(a) any reference in the lease (except in relation to the exception and reservation of minerals to the Crown) to His Majesty, the Governor, the Governor in Council, a Minister or any other person having a power or discretion exercisable under the lease for or on behalf of the Crown or lessor were a reference to the lessor for the time being; and

(b) any reference in subdivision 1 of Division 9 or a corresponding previous enactment (except in relation to the exception and reservation of minerals to the Crown) to the powers, discretion or duties of the Minister under that subdivision or enactment in relation to the lease were a reference to powers, discretions or duties of the lessor for the time being; and

S. 100(2)(c) amended by No. 28/1993 s. 6(1)(a).

(c) subject to paragraph (a), in the case of a lease providing for reappraisal of rent, the provisions of that lease and this Act for the re-appraisal of the rent continued to have effect; and

S. 100(2)(ca) inserted by No. 28/1993 s. 6(1)(b).

(ca) subject to paragraph (a), in the case of a lease providing for review of rent, the provisions of that lease and this Act continue to have effect; and

(d) any provision in the lease—

(i) permitting resumption of land for public purposes; or

S. 100(2)(d)(ii) amended by No. 79/1993 s. 11(a).

(ii) requiring contribution by the lessee to the cost of construction of works as if the lessee were liable as owner under the Local Government Act 1958—

were void; and

(e) the lease contained a provision under which the lessee agrees to pay to the lessor the amount of any land tax charged to the owner of the land subject to the lease (other than any amount exceeding the amount payable by an owner owning that land and no other land); and

S. 100(2)(f) amended by No. 28/1993 s. 6(1)(c).

(f) if this Act or the lease provides for the fixing of re-appraised rents by the Minister or for rent review by the Minister—the lease contained the provisions set out in subsections (3), (4), (5), and (6).

(3) If a lease to which this section applies was entered into before the date of commencement of section 10 of the Land (Amendment) Act 1983 and was continued in force by section 26 of that Act, section 134(4) of this Act as in force before the date of commencement of section 10 of that Act continues to apply to the lease, as if section 134(4)(a)(vi) and (vii) referred to a certified valuer appointed at the request of the lessor or lessee by the President of the Victorian Division of the Australian Institute of Valuers, instead of to the Minister.

S. 100(4) amended by No. 28/1993 s. 6(2)(a).

(4) The amount of re-appraised or reviewed rent must be determined having regard to the market rental value of the land subject to the lease, disregarding any improvements made by the lessee or sub‑lessee during the term of the lease, and the amount of the re-appraised or reviewed rent is—

(a) the amount agreed between the lessor and the lessee; or

S. 100(4)(b) amended by No. 28/1993 s. 6(2)(b).

(b) if, at least one month before the date fixed for re-appraisal or review of the rent in accordance with this Act or the lease, the lessor and lessee cannot agree as to the amount of the re-appraised or reviewed amount, such amount as is determined by a certified valuer appointed at the request of the lessor or lessee by the President of the Victorian Division of the Australian Institute of Valuers.

S. 100(5) amended by No. 28/1993 s. 6(2)(a).

(5) If improvements were made by a lessee under a previous lease and were not taken into account in the assessment of the rent under an existing lease of the land when the existing lease was entered into, those improvements must be disregarded in determining the amount of re-appraised or reviewed rent under the existing lease.

(6) If a valuer is appointed in accordance with subsection (3) or (4) the parties to the lease are jointly and severally liable to pay the fee of the valuer.

Pt 1 Div. 7 (Heading and ss 101–120) amended by Nos 7228 s. 7(Sch. 4 Pt 19(r)–(w) (as amended by No. 7332 s. 2(Sch. 1 item 140)), 7315 s. 3(Sch. 1), 7332 s. 2(Sch. 1 item 36), 8461 ss 19–23, 9427 s. 6(1)(Sch. 5 item 76), 59/1986 s. 143(2), 121/1986 s. 112, 81/1989 s. 3(Sch. items 25.3–25.10), 13/1990 s. 41(d), 52/1994 s. 97(Sch. 3 item 16.6), 75/1994 s. 16(a)(b), 96/1994 ss 28, 31(e)–(k), 35, 52/1998 s. 311(Sch. 1 item 46), 10/2004 s. 15(Sch. 1 item 14.3), 26/2014 s. 455(Sch. item 18), 13/2019 s. 221(Sch. 1 items 25.1, 25.2), repealed by No. 40/2020 s. 41.

Pt 1 Div. 8 (Heading) substituted by No. 96/1994
s. 7.

Division 8—Agricultural leases, licences and permits

Nos 4273 ss 2–9, 11, 4459 s. 7(3).

Pt 1 Div. 8 Subdiv. 1 (Heading and ss 121–129) amended by Nos 7228
s. 7(Sch. 4 Pt 19(x)–(z)), 9019 s. 2(1)(Sch. item 99), 10087 s. 3(1)(Sch. 1 item 127), 41/1987
s. 103(Sch. 4 items
39.13–39.17), 18/1989 s. 13(Sch. 2 item 41(g)), 92/1990
s. 128(Sch. 1 item 13.3(a)(b)), 52/1994 s. 97(Sch. 3 item 16.7), substituted as Pt 1 Div. 8 Subdiv. 1 (Heading and ss 121–126) by No. 96/1994 s. 8.

Subdivision 1—Leases for agricultural purposes

S. 121 substituted by No. 96/1994 s. 8.

121 Granting of leases for agricultural purposes

(1) The Minister, or a person authorised in writing by the Minister, may grant a lease under this Division for agricultural purposes.

(2) A lease granted under subsection (1) is subject to—

(a) the payment of rent determined by the person granting the lease; and

(b) the terms, conditions, covenants, reservations, restrictions and exceptions that the person granting the lease thinks fit.

(3) Without limiting subsection (2), a lease granted under subsection (1) may contain—

(b) provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period not exceeding 3 months from the expiry of the lease.

S. 122 substituted by No. 96/1994 s. 8.

122 Term of lease

(1) The term of a lease granted under section 121 must not exceed 35 years from the date it is granted.

(2) If a lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 35 years.

S. 123 substituted by No. 96/1994 s 8.

123 Land over which lease may be granted

A lease under this Division may be granted over—

(a) unreserved Crown land;

(b) Crown land reserved under section 4 of the Crown Land (Reserves) Act 1978 which—

(i) is not vested in trustees; and

(ii) is not vested in a municipal council; and

(iii) has not had a committee of management appointed; and

(iv) is not placed under the control and management of a person or body under section 18 of that Act;

(c) unused roads;

(d) water frontages.

S. 124 substituted by No. 96/1994 s. 8.

124 General conditions of leases

Without limiting section 121, a lease may contain conditions regarding the following—

(a) payment of rent in advance and rent review;

(b) improvements on the leased land, including the ownership of improvements on the land;

(c) fencing;

(d) the destruction and control of vermin and noxious weeds;

(e) destruction, removal, or use of forest produce;

(f) entry, search for and removal of minerals, rock, soil or other similar materials;

S. 124(g) amended by No. 76/1998 s. 11(b).

(g) compliance with directions issued by the Secretary regarding—

(i) grazing or management of the land (including fencing), or the number and type of stock which may be depastured on the land;

(ii) frequency, timing and method of cultivation;

(iii) water supply and other improvements;

(iv) reclamation of eroded areas and land degradation;

(v) retention or clearance of native vegetation;

(h) grazing;

(i) water supply;

(j) resumption of part or the whole of the leased land;

(k) retention or clearance of native vegetation;

(l) control of land degradation;

(m) transferring, mortgaging, charging, sub-letting or otherwise encumbering by the lessee of his or her estate or interest in any part or the whole of the leased land;

(n) entry by the Minister, authorised officers or appointed persons to monitor compliance with the lease or for other purposes;

(o) consequences of non-compliance with the lease.

S. 125 substituted by No. 96/1994 s. 8.

125 Land leased under this Division deemed to be protected forest

(1) Despite anything in any other Act, land held by a lessee under a lease under this Division is deemed to be protected forest for the purposes of the Forests Act 1958.

(2) Subject to this Division, the Forests Act 1958 applies to the leased land and the lessee in respect of that land.

S. 126 substituted by No. 96/1994 s. 8.

126 Amendment of folios of the Register on resumption of land

S. 126(1) amended by No. 76/1998 s. 11(b).

(1) If the Crown has resumed possession of the whole or any part of land leased under this Act, the Secretary must without delay notify the Registrar of Titles of the resumption.

(2) The notice under subsection (1) must include a description of the land resumed.

(3) The Registrar of Titles, on receiving that notification and on submission of any relevant certificate of title or other document, must make any amendments in the Register under the provisions of the Transfer of Land Act 1958 that are necessary because of the resumption.

(4) The holder of any relevant certificate of title or document required to be submitted under subsection (3) must deliver that certificate of title or other document to the Registrar of Titles.

Ss 127–129 repealed by No. 96/1994 s. 8.

Pt 1 Div. 8 Subdiv. 2 (Heading) substituted by No. 96/1994 s. 9.

Subdivision 2—Licences for agricultural purposes

Nos 3709 s. 121, 4597 s. 2(2), 4726 s 2, 5189 s. 2.

S. 130 amended by Nos 7548 s. 8(2)(a), 9183 s. 4(1)(a)–(c), 9212 s. 2(2), 9805 s. 2(a)(b), 10087 s. 3(1)(Sch. 1 item 127), 41/1987 s. 103(Sch. 4 items 39.18, 39.19), 89/1994 s. 38(a), substituted by No. 96/1994 s. 10.

130 Granting of licences for agricultural purposes

(1) The Minister or a person authorised in writing by the Minister may grant a licence for agricultural purposes.

(2) A licence granted under subsection (1) is subject to—

(a) the payment of a fee or fees determined by the person granting the licence; and

(b) the terms and conditions that the person granting the licence thinks fit.

(3) Without limiting subsection (2), a licence granted under subsection (1) may contain options for the licensee to renew the licence for a further period or periods.

S. 130AA inserted by No. 96/1994 s. 10.

130AA Period of licence

(1) The period of a licence granted under section 130 must not exceed—

(a) in the case of a licence relating to a water frontage, 35 years from the date it is granted; or

(b) in the case of any other licence, 99 years from the date it is granted.

(2) If a licence contains options for renewal of the licence by the licensee, the aggregate of the original period and the further period or periods must not exceed the maximum period permitted under subsection (1)(a) or (b) (as the case requires).

S. 130AB inserted by No. 96/1994 s. 10.

130AB Land over which licence may be granted

A licence under this Division may be granted over—

(a) unreserved Crown land;

(b) Crown land reserved under section 4 of the Crown Land (Reserves) Act 1978 which—

(i) is not vested in trustees; and

(ii) is not vested in a municipal council; and

(iii) has not had a committee of management appointed; and

(iv) is not placed under the control and management of a person or body under section 18 of that Act;

(c) unused roads;

(d) water frontages.

S. 130AC inserted by No. 96/1994 s. 10.

130AC General conditions regarding licences

Without limiting section 130(2), a licence may contain conditions regarding the following—

(a) payment of fees in advance and review of fees;

(b) improvements on the land, including the ownership of improvements on the land;

(c) fencing;

S. 130AC(d) amended by Nos 76/1998 s. 11(b), 19/2018 s. 138.

(d) compliance with directions issued by the land manager regarding—

(i) grazing or management of the land (including fencing), or the number and type of stock which may be depastured on the land;

(ii) frequency, timing and method of cultivation;

(iii) water supply and other improvements;

(iv) reclamation of eroded areas and land degradation;

(v) retention or clearance of native vegetation;

(e) cancellation or termination;

(f) clearing of land;

(g) entry by the Minister, authorised officers or appointed persons to monitor compliance with the licence or for other purposes.

S. 130A inserted by No. 48/1993 s. 3, repealed by No. 96/1994 s. 23.

S. 130B inserted by No. 48/1993 s. 3.

130B Licence presumed where fee paid

S. 130B(1) amended by Nos 96/1994 s. 32(1)(a)(b), 76/1998 s. 11(b), 19/2018 s. 139.

(1) The land manager may send by post to a person who is the holder of a licence under this Division or a corresponding previous enactment, a notice for payment of the licence fee determined under this Division.

(2) The sending of the notice constitutes an offer of a new licence to that person for the land covered by the current licence.

S. 130B(3) amended by No. 96/1994 s. 32(1)(a).

(3) On payment by that person of the fee specified in the notice a new licence is deemed to have been granted under this Division to that person for that land.

(4) A licence referred to in subsection (3)—

(a) remains in force for the period in respect of which the fee is paid; and

S. 130B(4)(b) amended by No. 96/1994 s. 32(1)(c).

(b) otherwise, is subject to the same terms and conditions as applied to the licence originally granted to that person for that land; and

S. 130B(4)(c) amended by No. 96/1994 s. 32(1)(a).

(c) is subject to the provisions of this Division and any regulations made for the purposes of this Division applying to that licence.

(5) At the request of the licensee or the licensee's legal personal representative, the notice referred to in subsection (1) may be sent to—

(a) a person to whom the licensee's interest has passed by operation of the law relating to the estates of people who have died; or

(b) any one or more of the licensees, if the licence is held by more than one person.

(6) This section applies to a notice referred to in subsection (5)(a) as if the person to whom the notice is sent were a holder of the licence.

S. 130C inserted by No. 48/1993 s. 3.

130C Licence not to expire on death of licensee

S. 130C(1) amended by No. 96/1994 s. 32(2)(a)–(c).

(1) A licence granted under this Division or a corresponding previous enactment does not expire merely because of the death of the licensee.

(2) Subsection (1) does not take away from any other provision of this Act, the regulations or the licence under which the licence may expire.

S. 130D inserted by No. 48/1993 s. 3.

130D Application of sections 130B and 130C

S. 130D(1) amended by No. 96/1994 s. 32(3)(a).

(1) Sections 130B and 130C have effect—

S. 130D(1)(a) amended by No. 96/1994 s. 32(3)(b).

(a) despite anything to the contrary in this Division or a corresponding previous enactment; and

(b) even though there is no application for a new licence.

S. 130D(2) amended by No. 96/1994 s. 32(3)(a).

(2) Sections 130B and 130C do not—

(a) relieve a person from liability for breach of a licence referred to in those sections; or

(b) give a person a greater entitlement to compensation for improvements on land than the entitlement (if any) the person would have if the person had not held the licence; or

(c) prevent the grant of a new licence under section 130.

S. 130D(3) amended by Nos 96/1994 s. 32(3)(a)(c), 76/1998 s. 11(b), 19/2018 s. 140.

(3) Sections 130B and 130C apply even if the licence originally granted has been lost, if it appears from records kept by the land manager that the licence was originally granted.

(4) If—

S. 130D(4)(a) amended by Nos 96/1994 s 32(3)(b), 76/1998 s. 11(b), 19/2018 s. 141.

(a) the records kept by the land manager show that a person has been granted a licence under this Division or a corresponding previous enactment but do not specify the period for which the licence was granted; and

(b) the licence is lost—

the licence must be taken to have been granted for a period of 7 years.

S. 131 amended by Nos 7228 s. 7(Sch. 4 Pt 19(aa)), 7332 s. 2 (Sch. 1 item 37), 8461 s. 24(1), 41/1987 s. 103(Sch. 4 item 39.20), 81/1989
s. 3(Sch. item 25.11), 52/1994 s. 97(Sch. 3 items 16.8–16.10), repealed by No. 96/1994 s. 23.

S. 132 amended by No. 7228 s. 7(Sch. 4 Pt 19(aa)), repealed by No. 96/1994 s. 23.

S. 133 amended by Nos 7228 s. 7(Sch. 4 Pt 19(aa)), 8461 s. 24(2)(a)–(c), repealed by No. 96/1994 s. 23.

Pt 1 Div. 8 Subdiv. 3 (Heading and s. 133A) inserted by No. 9183 s. 3.

Subdivision 3—Agistment permits

S. 133A inserted by No. 9183 s. 3.

133A Agistment permits

S. 133A(1) amended by Nos 10087 s. 3(1)(Sch. 1 item 127), 76/1998 s. 11(c)(i)(ii), 19/2018 s. 142(1).

(1) The land manager or any person duly authorized by the land manager in that behalf may from time to time grant an agistment permit to any person to enter with cattle sheep or horses upon any reserve or other Crown lands not held under lease or licence under this Act or any repealed Act or taken up or required for the purposes of this Act.

(2) Agistment permits shall be in writing and may be granted on a weekly or monthly basis.

(3) The fee for an agistment permit shall be fixed by agreement or the calling of tenders whichever is considered appropriate by the person granting the permit.

S. 133A(4) substituted by No. 48/1993 s. 4, amended by Nos 74/2000 s. 3(Sch. 1 item 66.1), 19/2018 s. 142(2).

(4) If before the expiry of the term of an agistment permit the holder of the permit pays to the land manager the appropriate fee fixed under this section, the permit is deemed to be renewed for the same period as that of the previous permit.

Pt 1 Div. 8A (Heading and ss 133B, 133C) inserted by No. 9183 s. 3, amended by Nos 10087
s. 3(1)(Sch. 1 item 127), 41/1987 s. 103(Sch. items
39.21–39.23), 52/1994
s. 97(Sch. 3 item 16.11), substituted as Pt 1 Div. 8 Subdiv. 4 (Heading and ss 133B–133G) by No. 96/1994
s. 11.

Pt 1 Div. 8 Subdiv. 4 (Heading) substituted by No. 96/1994 s. 11.

Subdivision 4—General provisions relating to agricultural licences and leases

S. 133B substituted by No. 96/1994 s. 11, amended by Nos 76/1998 s. 11(e), 19/2018 s. 143.

133B Remittance or waiver of rent or fees in times of hardship

If, due to drought or other adversity, the income from the land of any lessee or licensee is seriously diminished for any period, the land manager, with the approval of the Minister, may remit out of available funds or waive all or part of the rent or fee paid or payable by the lessee or licensee for that period.

S. 133C substituted by No. 96/1994 s. 11.

133C Forfeiture of leases and cancellation of licences

(1) If the Minister is satisfied, after giving a lessee a reasonable opportunity to be heard, that the lessee has failed to comply with any of the conditions or covenants of the lease, the Minister may, by notice published in the Government Gazette, declare that the lease is forfeited.

(2) If the Minister is satisfied, after giving a licensee a reasonable opportunity to be heard, that the licensee has failed to comply with any of the terms or conditions of the licence, the Minister may, by notice published in the Government Gazette, declare that the licence is cancelled.

(3) On the declaration under this section that a lease is forfeited or a licence cancelled—

(a) any interest, right or privilege created by the lease or licence ceases to exist; and

(b) all money paid under the lease or licence is forfeited.

(4) No compensation is payable for—

(a) the forfeiture of money to the Crown; or

(b) the vesting of improvements in the Crown; or

(c) the extinguishment of any interest, right or privilege—

under this section.

S. 133D inserted by No. 96/1994 s. 11.

133D Compensation for improvements on forfeiture of lease or cancellation of licence

S. 133D(1) amended by Nos 76/1998 s. 11(e), 19/2018 s. 144(1).

(1) On forfeiture of a lease or cancellation of a licence under section 133C or section 133F the lessee or licensee may remove all improvements on the land which are the property of the lessee or licensee and must make good any damage to the land to the satisfaction of the land manager.

S. 133D(2) amended by Nos 76/1998 s. 11(e), 19/2018 s. 144(2).

(2) If an improvement is not removed from the land within a period specified by the land manager, it becomes the property of the Crown, and may be sold, removed, demolished or otherwise dealt with as the land manager directs.

(3) To the extent that the costs of, or incidental to the sale, removal or demolition of any improvement on the land (including the making good of any damage to the land) exceed the net price received for the sale of any improvements or buildings, that amount becomes a debt due to the Crown by the former lessee or licensee.

(4) In this section improvement includes growing crops.

S. 133E inserted by No. 96/1994 s. 11.

133E Termination of lease where no breach

(1) A lease may provide for termination by the person granting the lease even if there has been no breach by the lessee of any term, condition, covenant, reservation, restriction or exception in the lease.

(2) Parts 3, 4, 6 to 8 and 10 of the Land Acquisition and Compensation Act 1986 apply to the termination of a lease under this section as if the

interest of the lessee had been compulsorily acquired under that Act, and for that purpose—

(a) the person granting the lease is the Authority; and

(b) this Act is the special Act.

S. 133F inserted by No. 96/1994 s. 11.

133F Cancellation of licence where no breach

(1) A licence may provide for cancellation by the person granting the licence even if there has been no breach by the licensee of any term or condition in the licence.

(2) If a licence is cancelled under subsection (1), the licensee is entitled to a refund of an amount of the licence fee paid to be determined by the Minister on a pro rata basis, taking into account any period of the licence remaining at the date of the cancellation.

(3) Except as provided in subsection (2), no compensation is payable in respect of the cancellation of a licence under this section.

S. 133G inserted by No. 96/1994 s. 11.

133G Notice of intention to grant lease or licence

(1) Before granting a lease or licence under this Division, the person granting the lease or licence must ensure that a notice of intention to grant that lease or licence is published in a newspaper circulating in the area where the land to be leased or licensed is located.

(2) Subsection (1) does not apply to a grant to a person of a lease or licence over land held by that person under a lease or a licence under the Land Act 1958 or a corresponding previous enactment immediately before the commencement of this section.

Pt 1 Div. 9 (Heading) substituted by No. 96/1994 s. 12(1).

Division 9—Leases and licences for non‑agricultural purposes

Pt 1 Div. 9 Subdiv. 1 (Heading) substituted by Nos 10011 s. 10, 96/1994 s. 12(2).

Subdivision 1—Leases for
non-agricultural purposes

Nos 3709 s. 125, 4095 s. 5, 4654 s. 3(3), 4873 s. 7(2), 5350 s. 2, 5426 s. 3.

S. 134 amended by Nos 6842 s. 2(a)–(c), 7228 s. 7(Sch. 4 Pt 19(ba)), 7499 s. 47(a)(i)(ii)(b), 7548 s. 2(e), 8060 s. 3(b), 8207 s. 2(a)–(c)(i)(ii), 8461 s. 25(a)-(c), 9183 s. 5(1), substituted by No. 10011 s. 10.

134 Minister may lease Crown land under this subdivision

S. 134(1) amended by Nos 96/1994 s. 13(1), 25/2023 s. 7(Sch. 1 item 17.15).

(1) Subject to this subdivision, the Minister on behalf of His Majesty may grant leases under this subdivision of any Crown land for any purposes (except for the purposes of agriculture) at the rent and subject to the conditions, covenants, reservations, restrictions and exceptions which he thinks fit.

S. 134(1A) inserted by No. 40/2009 s. 27(1).

(1A) The Minister may, for the purposes of entering into a lease of any Crown land under subsection (1), enter into an agreement to lease that land.

S. 134(1B) inserted by No. 40/2009 s. 27(1).

(1B) If the Minister enters an agreement to lease Crown land under subsection (1A) and the agreement to lease gives a right to occupy land for a period of time, that period and the period of any lease entered into consequent on that agreement must not, when added together, exceed the maximum lease term permitted under this subdivision.

S. 134(2) amended by No. 40/2009 s. 27(2).

(2) Nothing in subsection (1) or (1A) constitutes an authority to lease any land which is reserved either temporarily or permanently under section 4 of the Crown Land (Reserves) Act 1978 where the reservation of the land has not been revoked, unless—

(a) the lease is for the purpose of the manufacture or collection of salt; or

(b) the lease is a special lease granted under section 137AA(4).

S. 134A inserted by No. 79/1993 s. 5.

134A Leasing of strata of Crown land

(1) A lease under this subdivision may be granted—

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

(b) for a stratum of Crown land.

(2) The Minister must not grant a lease under this subdivision for a stratum of Crown land unless he or she—

(a) has first consulted the Council of the municipal district in which the stratum is located and, where a planning scheme applies to the stratum and the Minister administering the Planning and Environment Act 1987 is the responsible authority, that Minister; and

(b) is satisfied that—

(i) each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

(ii) the granting of the lease would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and

(iii) 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

(iv) 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; and

(c) in the case of land described in subsection (5)(a) to (d), is also satisfied that the exercise of the lessee's rights under the lease will not interfere with the use of that land by the public.

(3) In determining whether the requirements of subsection (2)(b)(i)(iii) and (iv) are met the matters which the Minister may take into account include, but are not limited to, any of the following—

(a) the fact that the proposed lessee is the owner, lessee or occupier of land that can be used for access to or support of the stratum or for the provision of services to the stratum or through it to other land;

(b) the fact that the lessee has obtained rights over neighbouring land sufficient to provide access to or support of the stratum, or for the provision of services to the stratum or through it to other land whether, those rights are proprietary interests or not, and however they are created;

(c) the extent to which the rights referred to in paragraph (b) are capable of being enjoyed by the lessee's successors in title.

(4) The granting under this subdivision of a lease of a stratum of Crown land is conclusive proof of compliance with subsection (2) in respect of the lease.

(5) Despite section 134(2) and anything to the contrary in the Crown Land (Reserves) Act 1978, a lease under this subdivision may be granted for a stratum of Crown land even though the land is—

(b) proclaimed as a road or public highway under an Act; or

(c) reserved as a road; or

S. 134A(5)(d) amended by No. 12/2004 s. 161(2).

if the stratum covered by the lease does not include the level at which the road is constructed.

(6) Without limiting section 134(1), the conditions, covenants, reservations, restrictions and exceptions in a lease for a stratum of Crown land may include, but are not limited to, provision for any of the following—

(a) access to and use of the stratum;

(b) support of the stratum and of any building or structure erected or to be erected on it;

(c) access through the stratum to other land;

(d) support of other land;

(e) any necessary rights for the passage or provision of services to or through the stratum;

(f) the making and removal of improvements by the lessee;

(g) the prevention of interference by the lessee with the use or enjoyment of other land;

(h) the prevention of interference by the lessee with the use of any road by the public and the protection and maintenance and management of any road above or below the stratum.

(7) Subject to subsection (5), the provisions of this Act applying to leases of Crown land under this subdivision also apply to leases of strata of Crown land under this subdivision.

(8) Without limiting the circumstances in which a lease may be declared forfeit, a lease of a stratum of Crown land under this subdivision may be declared forfeit under this Act if the Minister is satisfied that, the lessee cannot have reasonable access to the leased stratum or there are no rights of support for the stratum or no necessary rights for the provision of services to or through the stratum.

(9) Any building or structure erected on, and any use or development of, a stratum of Crown land leased under this subdivision is subject to any Act, subordinate instrument (within the meaning of the Interpretation of Legislation Act 1984) or local law relating to approval or plans and specifications or to the control of land use, including but not limited to the Planning and Environment Act 1987 and any instrument made under that Act.

(10) No compensation is payable by the Crown in respect of anything done under or arising out of subsection (5).

S. 134B inserted by No. 13/2025 s. 97.

134B Minister may enter agreement to lease and lease in spite of certain Environment Effects Act 1978 requirements

Nothing in section 8C(1)(b) of the Environment Effects Act 1978 prevents the Minister from—

(a) entering into an agreement to lease under section 134(1A) relating to works to which the Environment Effects Act 1978 applies; or

(b) granting a lease under section 134(1) pursuant to an agreement to lease referred to in paragraph (a).

Nos 3709 s. 126, 4095 s. 6, 4191 s. 2.

S. 135 amended by Nos 8060 s. 3(a), 8207 s. 3, substituted by No. 10011 s. 10.

135 Public auction or tender or private negotiation

The Minister may lease land under this subdivision by offering the right to lease by public auction or public tender or by private negotiation.

No. 3709 s. 127.

S. 136 substituted by No. 10011 s. 10.

136 Minister to give notice in writing of public auction or public tender

The Minister shall, not less than fourteen days before—

(a) the day on which a public auction of a lease of any Crown land is held; and

(b) the last day on which tenders may be submitted to the Minister for the lease of any Crown land by public tender—

publish, in the Government Gazette and in a newspaper circulating in the district in which the land is situated, a notice specifying—

(c) the place and time of the auction or the last day on which tenders may be submitted to the Minister (as the case may be);

(d) the particulars of the land which is to be leased; and

(e) the purpose and term of the proposed lease.

No. 3709 s. 128.

S. 137 amended by No. 8461 s. 26, substituted by No. 10011 s. 10.

137 Proposed lessee to give notice of lease arranged privately

Where, under this subdivision, the Minister leases Crown land by private negotiation, the proposed lessee shall, not less than fourteen days before the day on which the lease is to be granted, publish in the Government Gazette and in a newspaper circulating in the district in which the land is situated, a notice specifying—

(a) the particulars of the land which is to be leased;

(b) the purpose and term of the proposed lease; and

(c) the name of the proposed lessee.

S. 137AA inserted by No. 10011 s. 10.

137AA Term of lease

(1) Subject to this section, the term of a lease granted under this subdivision shall not exceed 21 years.

(2) The term of a lease granted under this subdivision for commercial or industrial purposes may exceed 21 years but shall not, subject to subsection (3), exceed 50 years.

S. 137AA(3) substituted by No. 40/2009 s. 28(1).

(3) The Minister may grant a lease of land for commercial or industrial purposes under this subdivision for a term of more than 50 years but not more than 99 years if the Minister is satisfied that—

(a) a building or structure erected or to be erected on the land; or

(b) an improvement made or to be made on or to the land—

is of a substantial nature and of a value which justifies a lease term exceeding 50 years.

S. 137AA(4) amended by Nos 40/2009 s. 28(2), 25/2023 s. 7(Sch. 1 item 17.16).

(4) Notwithstanding anything in the Crown Land (Reserves) Act 1978, where there is on any Crown land any improvement which is of a substantial nature and is the property of the Crown, the Minister on behalf of His Majesty, may grant a special lease of the land for a term not exceeding 99 years.

S. 137AA(5) inserted by No. 96/1994 s. 13(2).

(5) Without limiting section 134, a lease granted under that section may contain—

(b) provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period not exceeding 3 months from the expiry of the lease.

S. 137AA(6) inserted by No. 96/1994 s. 13(2).

(6) In the case of a lease under subsection (1), if the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 21 years.

S. 137AA(7) inserted by No. 96/1994 s. 13(2).

(7) In the case of a lease under subsection (2), if the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 50 years.

S. 137AA(8) inserted by No. 96/1994 s. 13(2).

(8) In the case of a lease under subsections (3) or (4), if the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 99 years.

S. 137AAA inserted by No. 28/1993 s. 5.

137AAA Rent in advance

(1) A lease under this subdivision may provide for the whole or any part of the rent under the lease to be payable in advance.

(2) The fact that a lease under this subdivision provides for the payment of the whole of the rent in advance does not affect its status as a lease.

(3) If a lease under this subdivision is forfeited, the Minister may refund the whole or any part of rent paid in advance, after taking into account the following—

(a) the reasons for the forfeiture;

(b) any expenses associated with the forfeiture or with seeking a new lessee;

(c) whether any new lease of the land is on terms and conditions less favourable to the lessor than those in the forfeited lease;

(d) any other commercial considerations that the Minister considers relevant.

(4) The Consolidated Fund is by this subsection appropriated to the necessary extent to pay refunds under subsection (3).

(5) Subsection (3) has effect despite anything to the contrary in this Act.

S. 137AB inserted by No. 10011 s. 10, substituted by No. 28/1993 s. 7.

137AB Rent review

(1) Subject to subsection (2), a lease under this subdivision may provide for rent review.

(2) A provision for rent review in a lease under this subdivision must not permit rent to be reviewed more than once in each period of 12 months during the term of the lease.

S. 137AC inserted by No. 10011 s. 10, amended by No. 25/2023 s. 7(Sch. 1 item 17.17).

137AC Replacement leases

The Minister on behalf of His Majesty may grant to a lessee under this subdivision a replacement lease in substitution for his existing lease and on the grant of a replacement lease the lease for which it is substituted shall be cancelled.

S. 137AD inserted by No. 10011 s. 10.

137AD Leases may not be assigned etc. without Minister's consent

A lessee under this subdivision shall not transfer or assign his interest under the lease or sub-let or encumber the land without first obtaining the written consent of the Minister.

S. 137AE inserted by No. 48/1996 s. 22.

137AE Lease granted to generation company

S. 137AE(1) amended by No. 69/2000 s. 55(1).

(1) Section 134A(2)(a) does not apply in respect of a lease of a stratum of Crown land 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. 137AE(2) amended by No. 69/2000 s. 55(1).

(2) Section 137 does not apply to a lease of Crown land 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. 137AE(3) amended by No. 69/2000 s. 55(1).

(3) A lease granted to a generation company within the meaning of the Electricity Industry Act 2000 in respect of land used for the purposes of the generation of electricity for supply or sale does not bring the land under the operation of the Transfer of Land Act 1958, despite anything to the contrary in that Act, if that lease includes a provision referring to this section and expressly stating that the land is not brought under the operation of that Act.

S. 137A inserted by No. 8763 s. 2(1) (as amended by No. 9126 s. 3(1)).

137A Industrial leases and industrial development leases

S. 137A(1) amended by Nos 9427 s. 6(1)(Sch. 5 item 77), 9567 s. 20.

(1) The Governor in Council may, on the recommendation of the Minister given with the concurrence of the Minister for the time being administering the Economic Development Act 1981, grant to any person—

(a) an industrial lease; or

(b) an industrial development lease—

of Crown land outside the metropolitan area for the establishment or expansion of an industrial undertaking.

S. 137A(2) amended by No. 9567 s. 20.

(2) The Governor in Council may, on the recommendation of the Minister given with the concurrence of the Minister for the time being administering the Economic Development Act 1981 grant to any person an industrial development lease of such Crown lands as would be reasonably required for the housing of persons engaged or to be engaged in an industry to be established or expanded outside the metropolitan area.

S. 137A(2A) inserted by No. 96/1994 s. 14(1).

(2A) Without limiting subsection (1) or (2), a lease granted under either of those subsections may contain—

(b) provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period not exceeding 3 months from the expiry of the lease.

S. 137A(3) substituted by No. 10011 s. 11.

(3) An industrial lease granted under this section shall be granted for a term not exceeding fifty years except that where the Minister is satisfied that a building erected or to be erected under a covenant in the lease is or will be of a substantial nature and of a value which justifies it the Governor in Council may grant a lease of the land for a term not exceeding 99 years.

S. 137A(3A) inserted by No. 96/1994 s. 14(2).

(3A) In the case of a lease under subsection (3), if the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed—

(a) 50 years; or

(b) if the Minister is satisfied that a building erected or to be erected under the lease is or will be of a substantial nature, 99 years.

(4) An industrial development lease granted under subsection (1) or subsection (2) shall be for a term not exceeding five years and shall be subject to the payment of such rental and such building and development covenant and other covenants conditions exceptions and reservations as the Governor in Council thinks fit.

S. 137A(4A) inserted by No. 96/1994 s. 14(3).

(4A) In the case of a lease under subsection (4), if the lease contains options for renewal of the lease by the lessee, the aggregate of the original term and the further term or terms must not exceed 5 years.

S. 137A(5) amended by Nos 9427 s. 6(1)(Sch. 5 item 77), 9567 s. 20.

(5) After the expiry of a period of two years from the date of an industrial development lease or such earlier time as the Minister for the time being administering the Economic Development Act 1981 approves in any particular case the lessee may apply for a Crown grant or an industrial purchase lease and provided that all the covenants and conditions of the lease have been complied with to the satisfaction of the Minister and the Minister for the time being administering the Economic Development Act 1981 the lessee shall be entitled to such grant or lease.

(6) Where an industrial purchase lease is granted under subsection (5) it shall for the purposes of subsection (3) of section 61 be deemed to be granted in substitution for the industrial development lease.

(7) Where a lessee obtains a Crown grant or an industrial purchase lease under subsection (5) the industrial development lease of the land shall cease to have any force or effect.

(8) The purchase price of the land the subject of any Crown grant or industrial purchase lease shall be fixed by the Governor in Council.

(9) An industrial purchase lease shall be for a term not exceeding twenty years and shall be subject to payment of such instalments and interest and such covenants conditions exceptions and reservations as the Governor in Council thinks fit.

(10) On payment of the purchase price and interest the lessee of an industrial purchase lease shall be entitled to a Crown grant.

(11) The lessee of an industrial lease, an industrial development lease or an industrial purchase lease shall not assign or encumber his interest in the land without the consent of the Minister.

S. 137A(12) substituted by No. 14/2024 s. 4(1).

(12) If the Minister is satisfied that the lessee of an industrial lease, an industrial development lease or an industrial purchase lease has failed to comply with any covenant or condition of the lease, the Minister must—

(ii) the date, being not less than 30 days from the date of the notice, by which the lessee must rectify the non-compliance; and

(ii) inviting the mortgagee to make written submissions to the Minister regarding the non‑compliance within 30 days after receiving the notice or any longer period specified in the notice.

S. 137A(12A) inserted by No. 14/2024 s. 4(1).

(12A) If the lessee does not rectify the non‑compliance specified in the notice under subsection (12)(a) within the specified period, the Governor in Council, after considering any submissions made in accordance with subsection (12)(b), may declare, by notice published in the Government Gazette, that the lease is forfeited.

S. 137A(13) amended by No. 14/2024 s. 4(2).

(13) Upon the making of a declaration under subsection (12A) the interest created by the lease shall cease and determine and the right and title of the lessee in and to the lease and the land therein described and all moneys paid thereunder shall be forfeited.

(14) On forfeiture of the lease the lessee shall if so required by the Minister remove all buildings and improvements erected by him on the demised land making good to the satisfaction of the Minister any injury to the land.

(15) Any such building or improvements not removed within such period as the Minister directs shall be the property of the Crown and may be sold removed demolished or otherwise dealt with as the Minister may direct and the costs and expenses of and incidental to any sale removal demolition and the making good of any injury to the land to the extent to which they exceed the net price received from the sale of any improvements or buildings shall be a debt due to the Crown by the former lessee.

(16) A Crown grant issued pursuant to this section shall contain such conditions exceptions and reservations as the Governor in Council thinks fit.

S. 137A(17) amended by No. 45/1987 s. 205(Sch. item 39), substituted by No. 85/2006 s. 173(Sch. 1 item 2.1).

(17) In this section metropolitan area means—

(a) metropolitan area within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or

(b) any area declared by the Governor in Council under subsection (18) to be the metropolitan area.

S. 137A(18) inserted by No. 85/2006 s. 173(Sch. 1 item 2.1).

(18) The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.

S. 137A(19) inserted by No. 85/2006 s. 173(Sch. 1 item 2.1).

(19) An Order made under subsection (18) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—

(a) wholly or partially or as amended by order or other instrument; or

(b) as formulated, issued, prescribed or published at the time the order is made or at any time before then.

S. 137A(20) inserted by No. 85/2006 s. 173(Sch. 1 item 2.1), amended by No. 51/2016 s. 20.

(20) Subsection (19) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office.

Pt 1 Div. 9 Subdiv. 1A (Heading and ss 137B–137H)
inserted by No. 10011 s. 12.

Subdivision 1A—Conditional purchase leases

S. 137B inserted by No. 10011 s. 12.

137B Conditional purchase lease

(1) In this subdivision conditional purchase lease means a lease under this subdivision.

S. 137B(2) amended by Nos 85/2006 s. 173(Sch. 1 item 2.2), 25/2023 s. 7(Sch. 1 item 17.18).

(2) The Minister, on behalf of His Majesty, may grant to an applicant a conditional purchase lease of any Crown land which is not within the metropolitan area (as defined in section 137A) where—

(a) the lease is for an area of not more than two hectares of land; and

(b) the lease is for the purposes of—

(i) a dwelling; or

(ii) a commercial or industrial purpose of which the Minister approves.

(3) The Minister shall not grant a conditional purchase lease to a person who holds, or who has ever held, a conditional purchase lease.

S. 137C inserted by No. 10011 s. 12.

137C Terms and conditions

A conditional purchase lease shall be granted—

(a) for such term not exceeding ten years and subject to the payment of such instalments and interest as the Minister thinks fit;

(b) on condition that buildings or improvements of the value specified in the lease are erected within the time specified in the lease; and

(c) on any other conditions and subject to any covenants, reservations, restrictions or exemptions which the Minister thinks fit.

S. 137D inserted by No. 10011 s. 12.

137D Purchase on certain conditions

Where the Minister is satisfied that the lessee under a conditional purchase lease—

(a) has erected the buildings or improvements specified in the lease pursuant to section 137C(b); and

(b) has occupied the land for not less than one year and complied with all conditions, covenants, reservations, restrictions and exemptions to which the lease is subject—

the lessee shall, on payment of the full purchase price of the land, which price shall be fixed by the Minister, be entitled to a grant in fee simple of the land.

S. 137E inserted by No. 10011 s. 12.

137E Crown grant to be subject to conditions etc. as Governor in Council sees fit

A Crown grant issued under the provisions of this subdivision shall be subject to any covenants, conditions, restrictions, reservations or exceptions which the Governor in Council sees fit to include.

S. 137F inserted by No. 10011 s. 12.

137F Lease not to be transferred etc. without Minister's consent

A lessee under this subdivision shall not transfer or assign his interest under the lease or sub-let or encumber the land without first obtaining the written consent of the Minister.

S. 137G inserted by No. 10011 s. 12, substituted by No. 14/2024 s. 5.

137G Minister may declare lease forfeited

(1) If the Minister is satisfied that a lessee of a conditional purchase lease has failed to comply with any covenant or condition of the lease, the Minister must—

(ii) the date, being not less than 30 days from the date of the notice, by which the lessee must rectify the non-compliance; and

(ii) inviting the mortgagee to make written submissions to the Minister regarding the non‑compliance within 30 days after receiving the notice or any longer period specified in the notice.

(2) If the lessee does not rectify the non‑compliance specified in the notice under subsection (1)(a) within the specified period, the Minister, after considering any submissions made in accordance with subsection (1)(b), may declare, by notice published in the Government Gazette, that the lease is forfeited.

S. 137H inserted by No. 10011 s. 12, amended by No. 14/2024 s. 6.

137H Effect of forfeit of lease

Where a declaration is made under section 137G(2), any interest created under the lease shall cease and the right and title of the lessee to the lease and the land and any money paid under the lease shall be forfeited.

Subdivision 2—Licences &c.[6]

Nos 3709 s. 129, 4319 s. 19(1)(a).

S. 138 amended by Nos 8461 s. 27(a)(b), 9805 s. 2(c)(d), substituted by No. 10011 s. 13.

138 Minister or authorized person may grant licences

S. 138(1) amended by Nos 96/1994 s. 15(a), 40/2020 s. 42.

(1) The Minister or a person duly authorized by him may grant to an applicant a licence to enter and use for any purpose which the person granting the licence thinks fit (except for agricultural purposes or a purpose for which a licence under sections 140A, 140I and 142 may be granted) any Crown land which is not held under a lease under this Act.

S. 138(2) amended by No. 96/1994 s. 15(b).

(2) Subject to subsections (3) and (4), nothing in subsection (1) constitutes an authority to grant a licence to enter and use any land which is reserved either temporarily or permanently under section 4 of the Crown Land (Reserves) Act 1978 where the reservation of the land has not been revoked.

S. 138(3) amended by No. 81/1989 s. 3(Sch. item 25.12).

(3) The Minister or any person duly authorized by him may grant a licence to enter land which is reserved either temporarily or permanently under section 4 of the Crown Land (Reserves) Act 1978, notwithstanding that the reservation has not been revoked—

(a) where the purpose of the licence is—

(i) to remove materials from the bed or banks of any waterway on the land;

(ii) to manufacture and remove salt; or

(iii) to seek and remove gemstones or any other objects specified in the licence; and

(b) where the land is not vested in trustees or in a municipality and is not under the control of a committee of management or of a person or body pursuant to section 18(1) of the Crown Land (Reserves) Act 1978.

S. 138(4) inserted by No. 96/1994 s. 15(c).

(4) A licence under this subdivision may be granted over an unused road or water frontage.

S. 138A inserted by No. 90/1989 s. 7(1).

138A Licence for strata of Crown land

S. 138A(1) repealed by No. 79/1993 s. 6(a).

(2) A licence under section 138 may be granted—

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

(b) for a stratum of Crown land.

(3) A licence for a stratum of Crown land must not be granted unless the person granting the licence—

(a) has first consulted the council of the municipal district in which the stratum is located and, where a planning scheme applies to the stratum and the Minister administering the Planning and Environment Act 1987 is the responsible authority, that Minister; and

(b) is satisfied that—

(i) the licensee can obtain reasonable access to and use of the land to be licensed; and

(ii) a licence under this Act is not in force for the stratum; and

(iii) the granting of the licence would not interfere with the exercise of rights under any other licence for a stratum or for land.

(4) Examples of the matters which must be taken into account by a person authorised to grant a licence under subsection (3)(b)(i) include but are not limited to the following:

(a) The fact that the stratum is to be used as a crossing over or tunnel under the surface of the land, for the purpose of passing between 2 pieces of land owned or occupied by the applicant for the licence;

(b) The fact that the stratum is to be used as a crossing over or tunnel under the surface of land and that the licensee has obtained rights of access to neighbouring land sufficient to enable the licensee to use the crossing or tunnel, whether those rights are interests in land or are created by agreement or otherwise;

(c) If the licensee proposes to erect a building or structure, the fact that provision has been made for the support of the building or structure, whether by the creation of proprietary interests or rights under an agreement, or in any other way.

S. 138A(5) amended by No. 79/1993 s. 6(c).

(5) Despite section 138(2), a licence over a stratum of Crown land may be granted even though the land is—

S. 138A(5)(a) amended by No. 51/2016 s. 21.

(b) proclaimed as a road or public highway under an Act; or

S. 138A(5)(c) amended by No. 79/1993 s. 6(b).

(c) reserved as a road under the Crown Land (Reserves) Act 1978; or

S. 138A(5)(d) inserted by No. 79/1993 s. 6(b), amended by No. 12/2004 s. 161(2).

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.

(6) Section 140 does not apply to a licence for a stratum of Crown land.

(7) A licence for a stratum of Crown land—

(a) is subject to any conditions determined by the person granting the licence, specified in the licence and relating to—

(i) access to and use of the stratum; or

(ii) support of any building or structure to be erected on the stratum; or

(iii) the making and removal of improvements by the licensee; or

(iv) the prevention of interference by the licensee with the exercise of rights under licence for other strata or other land; or

(v) the prevention of interference by the licensee with the use of any road by the public; and

(b) is subject to any other conditions that the person granting the licence determines and specifies in the licence; and

(c) may be granted or renewed—

(i) for a term of not more than 21 years; or

(ii) if the Minister grants or renews the licence or approves its grant or renewal for a longer term, for a term of not more than 50 years.

(8) Subject to subsection (6), the provisions of this Act applying to licences under section 138 apply to licences for a stratum of Crown land as if those provisions referred to a stratum of Crown land instead of to land.

(9) Without limiting section 140F(2), a licence for a stratum of Crown land may be declared forfeit under that subsection if the Minister is satisfied that, because an interest right or power has ceased to have effect or no longer exists or for any other reason, the licensee cannot have reasonable access to or use of the stratum covered by the licence.

(10) Any building or structure erected on, and any use or development of, a stratum of Crown land licensed under this section is subject to any Act, subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or local law relating to approval of plans and specifications or to the control of land use, including, but not limited to, the Planning and Environment Act 1987 and any instrument made under that Act.

(11) The Governor in Council may, by Order published in the Government Gazette, authorise the occupation without licence of any stratum or strata of Crown land.

(12) An Order made by the Governor in Council—

(a) may be general or may be limited to a class of occupation, class of persons, class of land use or development, or class of circumstances; and

(b) authorises occupation subject to any conditions stated in the Order.

(13) Despite anything to the contrary in this section, but subject to subsection (14), a licence may not be granted for the construction or use of a footbridge, pedestrian way, vehicle bridge or link on a stratum of Crown land above, or partly above, the surface of the lands shown hatched on the plan in Schedule Three B.

(14) Subsection (13) does not prevent the granting of a licence for the construction or use of a pedestrian bridge above Lonsdale Street, Melbourne, between the land known as 284 to 310 Lonsdale Street and the land known as 275 to 321 Lonsdale Street.

No. 3709 s. 130.

S. 139 substituted by No. 10011 s. 13, amended by No. 90/1989 s. 8(a).

139 Buildings etc. erected under licence to be removed on expiry

(1) Where, under a licence granted under section 138, the erection of buildings or structures on the land is permitted, the licensee shall on the expiry of the licence remove the buildings or structures erected by him within the time specified by the person granting the licence, and shall make good any injury done to the land by the erection or removal of the buildings or structures, and any building or structure not removed within the specified time shall become the property of the Crown.

S. 139(2) inserted by No. 90/1989 s. 8(b).

(2) If a provision in a licence for a stratum of Crown land is inconsistent with a provision of subsection (1), the provision in the licence prevails.

Nos 3709 s. 131, 4181 s. 5, 4319 s. 19(1)(b).

S. 140 amended by Nos 7228 s. 7(Sch. 4 Pt 19(ca)(i)(ii)), 8461 s. 28, substituted by No. 10011 s. 13, amended by No. 40/2009 s. 29 (ILA s. 39B(1)).

140 Terms and conditions

(1) A licence granted under section 138 shall—

(a) be subject to any terms and conditions which the person granting the licence thinks fit; and

S. 140(b) substituted by No. 96/1994 s. 16.

(b) be for a term not exceeding 10 years and may be renewed by the person authorised to grant licences under this subdivision.

S. 140(2) inserted by No. 40/2009 s. 29.

(2) Despite subsection (1), a licence granted under section 138 may be for a term exceeding 10 years if the proposed licensee is leasing land adjacent to the land in respect of which the person may be granted a licence and the adjacent land is managed under this Act.

S. 140(3) inserted by No. 40/2009 s. 29.

(3) The term of the licence to which subsection (2) applies may be for a period not exceeding whichever is the lesser of the following—

(i) 21 years;

(ii) the term of the lease granted in respect of the adjacent land.

S. 140(4) inserted by No. 40/2009 s. 29.

(4) In granting a licence with a term exceeding 10 years under subsection (2), the person who grants the licence, 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 over the adjacent land.

S. 140AA inserted by No. 48/1996 s. 23, amended by Nos 69/2000 s. 55(2), 14/2024 s. 7.

140AA Licence granted to generation company

Despite section 140(1)(b), a licence may be granted under section 138 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. 140AB inserted by No. 14/2024 s. 8.

140AB Licence granted for offshore wind energy generation

(1) Despite section 140(1)(b), a licence may be granted under section 138 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 person who grants the licence must have regard to the following—

(a) whether or not the applicant is the holder, or 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 person considers relevant.

(3) Before granting a licence under subsection (1), the person who grants the licence must consult 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).

Heading preceding s. 140A inserted by No. 8310 s. 2.

Licences for Jetties and Landing Stages etc.

S. 140A inserted by No. 8310 s. 2.