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s 6

Minister may lease Centre land

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Part 2Control and management of National Wine Centre
Division 3Leasing and transfer arrangements

6 Minister may lease Centre land

(1)

The Minister may grant a lease over any part of Centre land.

(2)

A lease may be granted to any person or body (a

lessee) as the Minister thinks fit.

(3)

A lease may be granted or renewed for a term not exceeding 40 years.

(4)

A lease should contain terms under which—

(a)

the lessee is to indemnify the Minister for any liability of the

Minister to a third party arising from the lessee's use or possession of Centre land; and

(b)

the lessee is required to have adequate insurance against risks arising from the use or possession of Centre land; and

(c)

the lessee is required to ensure compliance with all regulatory requirements applicable to the use or possession of Centre land;

and

(d)

the lessee is not to mortgage, encumber or otherwise use the lease as security without the consent of the Minister; and

(e)

the Minister is entitled to terminate the lease for any serious breach that remains unremedied after the Minister has given notice of the breach and allowed a reasonable opportunity for it to be remedied.

(5)

A lease may include a provision allowing the lessee to sub-lease any part of Centre land with the consent of the

Minister.

(6)

A lease may include other terms that the Minister considers to be appropriate in the circumstances.

(7)

The Minister must, after granting a lease over any part of Centre land, cause a report relating to the lease to be laid before both Houses of

Parliament.

(8)

A lease that does not comply with a requirement of this section is not invalid for that reason but, when the report relating to the lease is laid before Parliament, it must identify the non-compliance and state the reasons for it.

(9)

If a variation to the Centre land under section 3A affects any land subject to a lease under this section, the lease, and any related interest or instrument, are, by force of this section, varied to take into account the variation to the Centre land.

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