Victorian Numbered Acts

HEALTH SERVICES AMENDMENT ACT 2014 (NO. 22 OF 2014) - SECT 6

After Division 10 of Part 3 of the Principal Act insert —

" Division 11—Leasing and licensing powers

        69AA     Meaning of hospital site

In this Division, "hospital site" means—

        (a)     land reserved under the Crown Land (Reserves) Act 1978 for any of the purposes described in section 4(1)(zc) of that Act; and

        (b)     any other land reserved for hospitals, health care agencies and services for any other purposes administered by the Minister.

        69AAB     Application of Division

    (1)     This Division has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978 .

    (2)     The powers of the committee of management or trustees of a hospital site are in addition to, and do not limit, the powers of—

        (a)     that committee of management as a committee of management under the Crown Land (Reserves) Act 1978 ; or

        (b)     those trustees as trustees under the Crown Land (Reserves) Act 1978 or     under any other instrument appointing them as trustees of that land.

        69AAC     Power to grant leases for up to 35 years

    (1)     Subject to the written approval of the Minister, the committee of management or trustees of a hospital site may grant a lease of that site or any part of that site.

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

        (a)     the purpose for which the lease is to be granted is not inconsistent with, or detrimental to, the purposes for which the land is reserved; and

        (b)     any proposed use, development, improvements or works under the lease are of a substantial nature and of a value which justifies a longer term lease; and

        (c)     the granting of a longer term lease is in the public interest.

    (3)     A lease granted under this section may be for a term not exceeding 35 years.

    (4)     A lease granted under this section—

        (a)     may contain options for the lessee to renew the lease for a further term or terms, but the aggregate of the original term and the further term or terms must not exceed 35 years; and

        (b)     may contain 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; and

        (c)     is subject to any covenants, exceptions, reservations and conditions that are determined by the committee of management or trustees of the hospital site and approved in writing by the Minister.

        69AAD     Power to grant licences over land

    (1)     Subject to the written approval of the Minister, the committee of management or trustees of a hospital site may grant a licence to enter and use any part of that site.

    (2)     The Minister must not approve a licence under subsection (1) unless the Minister is satisfied that the purpose for which the licence is to be granted is not detrimental to the purposes for which the land is reserved.

    (3)     A licence granted under this section—

        (a)     may be for a period not exceeding the lesser of—

              (i)     35 years; or

              (ii)     the term for which a lease under section 69AAC is granted in respect of the hospital site or part of that site; and

        (b)     is subject to the terms and conditions determined by the committee of management or trustees of the hospital site and approved in writing by the Minister.

        69AAE     Determination to grant lease or licence under this Division to be published and tabled

    (1)     The Minister must not approve the grant of a lease under section 69AAC or a licence under section 69AAD unless—

        (a)         the Minister, by determination published in the Government Gazette, has given notice of his or her intention to do so; and

        (b)     the determination has been laid before, but not disallowed by, either House of Parliament.

    (2)     The Minister must lay the determination made under subsection (1) before each House of Parliament within 6 sitting days after it is published.

        69AAF     Parliamentary scrutiny of the leasing and licensing of certain land

    (1)     A determination under section 69AAE that is laid before each House of Parliament is disallowed if—

        (a)     a notice of a resolution to disallow the determination is given in a House of the Parliament on or before the 5th sitting day of that House after the determination is laid before the House; and

        (b)     the resolution is passed by that House on or before the 10th sitting day of that House after the giving of the notice of the resolution.

    (2)     A notice under subsection (1) may be expressed to apply to the whole or to any part of the determination.

    (3)     A resolution that is passed under subsection (1) has effect according to its terms.

    (4)     If a House of Parliament is prorogued or the Legislative Assembly is dissolved—

        (a)     the prorogation or dissolution does not affect the power of the House to pass a resolution under subsection (1); and

        (b)     the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.".