Transport Infrastructure Act 1994

The State may sublease its lease of busway land to another person for a busway established or proposed to be established on the busway land on terms negotiated and agreed between the parties.

For the Land Act 1994, section 332(1)(b), the other person is eligible to hold a sublease of the lease.

The first sublease under subsection (1) (the original sublease) may include an option to renew the sublease, and any subsequent sublease may in turn include an option to renew.

The terms of any option and any subsequent sublease are to be those negotiated and agreed between the parties.

The Land Act 1994, section 336(2)(a) does not apply to a document of amendment of the original sublease or any subsequent sublease.

If a sublessee attaches busway transport infrastructure to the land the subject of the original sublease or a subsequent sublease, the infrastructure immediately becomes the property of the chief executive unless the parties to the sublease agree it is to become the property of the chief executive at a later time.

Despite any agreement under subsection (6), the infrastructure, if it has not already become the property of the chief executive, becomes the property of the chief executive—

if there is no subsequent sublease—at the end of the original sublease; or

if there is only 1 subsequent sublease—at the end of the subsequent sublease; or

if there are 2 or more subsequent subleases—at the end of the last of the subsequent subleases.

Neither the original sublease nor any subsequent sublease stops being a sublease only because persons are expressly or impliedly permitted by the chief executive under this chapter to be on the subleased land.

This section does not stop the granting of a lease or sublease to another person for a busway, other than under this section, of land that is not busway land but on which there is, or is proposed to be, busway transport infrastructure.

In this section—