Victorian Numbered Acts

NATIONAL PARKS AMENDMENT (LEASING POWERS AND OTHER MATTERS) ACT 2013 (NO. 45 OF 2013) - SECT 14

After section 31AA of the Principal Act insert —

        " 31AABA     In-principle approval of longer term leases—Mount Buffalo National Park

    (1)     Before determining whether to give in-principle approval in relation to a proposal to grant a lease under section 31AABB, the Minister must publish a notice in a daily newspaper circulating generally throughout Victoria and in a newspaper circulating generally in the area in which the land that may be the subject of the lease is situated that—

        (a)     describes, in general terms, the proposal to grant a lease under section 31AABB for a particular use, development, improvements or works; and

        (b)     states that persons who, or bodies that, may be affected by the proposal may make submissions to the Minister in relation to the proposal; and

        (c)     the submissions must be made on or before the date specified in the notice, being a date at least 28 days after the date on which the notice is published.

    (2)     The Minister must take into account any submissions made in relation to the proposal which were received on or before the date specified in the notice.

    (3)     The Minister may take into account any other information provided by the Secretary or any other person or body.

    (4)     The Minister may give in-principle approval in relation to the proposal to grant a lease if the Minister is satisfied that it would be appropriate to grant a lease under section 31AABB.

    (5)     The in-principle approval—

        (a)     must be given in writing; and

        (b)     may be subject to any conditions that the Minister determines are appropriate.

    (6)     Despite giving in-principle approval under this section, the Minister is not required to grant a lease under section 31AABB.

        31AABB     Power of Minister to grant leases more than 21 years but not exceeding 99 years—Mount Buffalo National Park

    (1)     The Minister may grant a lease for a term of more than 21 years but not exceeding 99 years of any land that may be leased under section 31AA if the Minister—

        (a)     has consulted the National Parks Advisory Council; and

        (b)     has given in-principle approval in relation to the proposal to grant a lease in accordance with section 31AABA; and

        (c)     is satisfied that—

              (i)     the proposed use, development, improvements or works that are to be the subject of the lease are of a substantial nature and of a value which justifies a longer term lease; and

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

    (2)     Section 31AA(2), (3), (4)(a) and (c) and (5) apply to a lease granted under this section.

        31AABC     Power of Minister to enter into agreements to lease—Mount Buffalo National Park

    (1)     For the purposes of granting a lease of land under section 31AA or 31AABB, the Minister may enter into an agreement to lease that land if the Minister has not yet entered into the lease.

    (2)     An agreement to lease land under subsection (1)—

        (a)     must be subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the agreement; and

        (b)     may be subject to any other conditions that must be met before a lease is granted under section 31AA or 31AABB.

    (3)     If the Minister enters into an agreement to lease land under subsection (1) and the agreement to lease gives a right to occupy the land for a period of time, the aggregate of that period and the term of any lease granted consequently must not exceed—

        (a)     21 years, in the case of a lease granted under section 31AA; or

        (b)     99 years, in the case of a lease granted under section 31AABB.".