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

341 Crown lands enhanced in value by proximity of railway or waterworks etc. (1) If at any time it appears to the Governor in Council that the value of any lands of the Crown has been or will be enhanced— (a) by the proximity thereto of any line of railway or of the course of any authorized line of railway or of any line of railway the construction of which has been declared by resolution of the Legislative Assembly to be expedient; (b) by such lands being within any waterworks district or any irrigation and water supply district; S. 341(1)(c) amended by Nos 7228 s. 7(Sch. 4 Pt 19(hc)), 9921 s. 255, 44/1989 s. 41(Sch. 2 item 22.2), 104/1997 s. 49(1), 30/2000 s. 36(1), 6/2010 s. 203(1) (Sch. 6 item 27.3) (as amended by No. 45/2010 s. 22). (c) by any public work executed by or on behalf of the Crown or the Minister of Public Works or Victorian Rail Track within the meaning of section 3 of the **Transport Integration Act 2010** on or in proximity of such lands; or (d) by any two or more of such circumstances combined— the Governor may by Order in Council published in the Government Gazette declare that the value of such lands of the Crown is so enhanced, and shall in such order specify the nature of any such works as are hereinbefore specified by which the same is so enhanced. S. 341(2) amended by No. 8461 s. 56. (2) In every such order the Governor in Council shall fix a sum as the minimum sum per hectare for which such lands may thereafter be alienated in fee simple or as the minimum sum per hectare per annum payable as rent or licence-fee under any lease or licence thereafter issued in respect of such lands. S. 341(3) amended by No. 8181 s. 2(1)(Sch. item 97). (3) The sum so fixed shall not be less than one-eighth part greater than the upset or minimum price for which such lands might but for such Order in Council be acquired in fee-simple leased or occupied under licence (as the case may be) by any purchaser selector lessee licensee or other person under any Act relating to Crown lands. (4) In fixing such sum regard shall be had to the benefit likely to be derived from the construction of any such works as aforesaid by the person who may acquire the freehold of such lands or hold or occupy the same under lease or licence. (5) Such Order in Council shall not affect the right which any person as a Crown lessee at the date of the making of such Order in Council or any person claiming through him may have to select any lands, nor apply to any such selection, nor apply to or affect any grant or lease of any lands which any person may be entitled to by virtue of such lands having been selected by him or by the person through whom he claims before the making of such Order in Council. (6) Where the annual rent or licence-fee payable under any lease or licence of any lands of the Crown is taken in part payment of the purchase money of such lands such lease or licence shall contain a covenant or condition that such lands shall be during the currency of such lease or licence (as the case may be) deemed lands of the Crown within the meaning of this section and that upon the making of any Order in Council under the provisions hereinbefore in this section contained the enhanced rent or licence-fee thereof fixed by such Order in Council shall be payable in respect of such lands as though such rent or licence-fee had been so fixed prior to the making of such lease or licence. (7) The whole amount due or to become due as the enhanced rent or licence-fee of such lands of the Crown shall be payable in equal half-yearly instalments extending over the unexpired period of such lease or licence and at such times as other payments in respect of the rent or licence-fee of such lands are due. (8) Any payment so made as such enhanced rent or licence-fee shall be subject to any claim for repayment at the expiration of ten years from the actual date of the Order in Council as hereinafter provided. (9) Nothing herein contained shall affect the right which any person as a Crown lessee before the twenty-ninth day of December One thousand eight hundred and ninety-one or any person claiming through him may have to select any lands, or shall apply to any such selection, or shall apply to or affect any grant or lease of any lands which any person may be entitled to by virtue of such lands having been selected by him or by any person through whom he claims before the twenty-ninth day of December One thousand eight hundred and ninety-one. No. 3709 s. 297.