Melbourne City Link Act 1995

The Governor in Council, on behalf of the Crown, subject to and in accordance with the terms of the Agreement and on the recommendation of the Minister—

may grant a lease of that part of any Crown land which is required for the purposes of managing any roadway and ancillary works constructed on the land and for any other purposes (not inconsistent with those purposes) approved by the Governor in Council to the person or persons entitled to such a lease in accordance with the terms of the Agreement; and

may impose conditions on the lease, having regard (among other things) to the following matters in the case of a lease over a stratum of Crown land—

that reasonable access to and use of the stratum and other land be provided for; and

that the rights of the registered proprietor, lessee or licensee of other land not be interfered with; and

that the rights of support of the stratum or of other land or of any building or structure erected or to be erected on those lands be provided for; and

that the making or maintenance of improvements by the lessee be provided for; and

that 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 of other land be provided for; and

may ratify or give effect to any partial surrender of the lease by the lessee, if the lessee has the consent of any mortgagee and the holder of any charge over the lease.

The granting of a lease under this section of a stratum of land is conclusive proof of compliance with subsection (1)(b)(i), (ii), (iii), (iv) and (v) with respect to the lease.

Despite the partial surrender of a lease that is ratified or given effect to under subsection (1)(c)—

any declaration under section 61(1); and

any toll zone specified under section 71(1)—

For the avoidance of doubt, the partial surrender of a lease ratified or given effect to under subsection (1)(c) does not constitute the surrender in full of that lease and does not affect the operation of the lease in relation to any part of the leased land that is not surrendered.

The Minister must not make a recommendation under subsection (1) recommending the granting of a lease of land that is wholly or partly for a purpose that is not the purpose of managing a roadway and ancillary works constructed on the land, unless the Minister has first consulted with the Minister administering Part IX of the Land Act 1958.

The lessee may only mortgage, charge, assign or otherwise encumber the lessee's interest in the lease in accordance with the terms of the Agreement.

The term of a lease must be in accordance with the Agreement.

A lease may be amended at any time with the consent of the lessee.

A lease may be—

terminated before the end of the term of the lease; or

renewed—

This section has effect despite anything to the contrary in section 175A of the Water Industry Act 1994 or any other Act.

The Minister must cause a copy of each lease under this section for an approved purpose to be laid before each House of Parliament within 6 sitting days of the House next following the making of the lease.

If a sub-lease is entered into of land leased under this section for an approved purpose, the person giving the sub-lease must ensure that, immediately on the sub-lease being entered into, a copy is given to the Minister.

The Minister must cause a copy of a sub-lease given to him or her under subsection (10) to be laid before each House of the Parliament within 6 sitting days of the House next following the giving of the copy of the sub-lease to the Minister.

In subsections (9) and (10), approved purpose, in relation to a lease of land under this section, means a purpose other than the purpose of managing any roadway and ancillary works constructed on the land.