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CAULFIELD RACECOURSE RESERVE ACT 2017 (NO. 58 OF 2017) - SECT 37

Power to grant leases

    (1)     The Trust, with the approval of the Minister, may grant a lease of the whole or any part of the Reserve.

    (2)     The Minister must not approve the granting of a lease under subsection (1) unless the Minister is satisfied that—

        (a)     the purpose of the lease is not detrimental to the purposes for which the land is reserved; and

        (b)     the granting of the lease is in the public interest.

    (3)     Subject to subsection (4), a lease may be granted for a term not exceeding 65 years.

    (4)     In the case of a lease for a period exceeding 21 years, the Minister, in addition to the requirements set out in subsection (2), must be satisfied that the proposed use, development, improvements or works that may be carried out under the lease are of a substantial nature and of a value which justifies a longer term lease.

    (5)     Provided that the aggregate of the original term and the further term or terms must not exceed the maximum term for which the lease may be granted under this section, a lease may contain—

        (a)     options for the lessee to renew the lease for a further term; and

        (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 of not more than 3 months from the expiry of the lease.

    (6)     A lease granted by the Trust may be subject to any covenants, exceptions, reservations and conditions that are determined by the Trust and approved by the Minister.

    (7)     This section applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 and the Land Act 1958 .



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