Emerald Tourist Railway (Amendment) Act 2003

Victorian Legislation and Parliamentary Documents i Emerald Tourist Railway (Amendment) Act 2003 Act No. 92/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Amendment of purposes 2 4. Grants of leases, licences and easements 3 5. New sections 41A and 41B inserted 3 41A. Grants of leases for up to 50 years 3 41B. Power to enter and use land 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Victorian Legislation and Parliamentary Documents 1 Emerald Tourist Railway (Amendment) Act 2003† [Assented to 25 November 2003] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to provide for the Emerald Tourist Railway Board to lease vested Crown land for periods of up to 50 years with the approval of the Minister to facilitate the development, construction and management of tourist facilities. Victoria No. 92 of 2003 -- 2 of 7 -- Victorian Legislation and Parliamentary Documents Act No. 92/2003 Emerald Tourist Railway (Amendment) Act 2003 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Amendment of purposes (1) For section 3(1)(b) of the Emerald Tourist Railway Act 1977 substitute— "(b) may carry out other related operations which are consistent with the operations of that railway as a major tourist attraction, including, but not limited to— (i) the provision of maintenance and consultancy services to other railway operations; and (ii) the development, construction and management of tourist facilities.". (2) After section 3(1) of the Emerald Tourist Railway Act 1977 insert— '(1A) For the purposes of sub-section (1)(b) and section 41 "tourist facilities" includes— (a) tourist accommodation; (b) interpretation centres and convention centres; (c) cafes, restaurants and licensed premises within the meaning of the Liquor Control Reform Act 1998; (d) shops; (e) carparks; (f) other related facilities.'. s. 2 See: Act No. 9020. Reprint No. 1 as at 1 January 1995 and amending Act Nos 46/1998 and 74/2000. LawToday: www.dms. dpc.vic. gov.au -- 3 of 7 -- Victorian Legislation and Parliamentary Documents Act No. 92/2003 Emerald Tourist Railway (Amendment) Act 2003 3 4. Grants of leases, licences and easements For section 41(1)(a) of the Emerald Tourist Railway Act 1977 substitute— "(a) a lease— (i) of any tourist facilities, shed, office, house or other building or part of a building; (ii) of any site for the erection of any tourist facilities, shed, office, house or other building or part of a building; (iii) for storage purposes; (iv) for other purposes including, but not limited to, the development, construction and management of any tourist facilities, shed, office, house or other building or part of a building;". 5. New sections 41A and 41B inserted After section 41 of the Emerald Tourist Railway Act 1977 insert— "41A. Grants of leases for up to 50 years (1) This section and section 41B have effect despite anything to the contrary in the Land Act 1958 or the Crown Land (Reserves) Act 1978. (2) The Board must not grant a lease under section 41(1)(a) for a period exceeding 21 years unless the Minister, in writing to the Board, has approved the granting of the lease. (3) A lease granted under section 41(1)(a) for a period exceeding 21 years must not be for a period exceeding 50 years. s. 4 -- 4 of 7 -- Victorian Legislation and Parliamentary Documents Act No. 92/2003 Emerald Tourist Railway (Amendment) Act 2003 4 (4) A lease granted under section 41(1)(a) for a period exceeding 21 years— (a) may contain provision for the period of the lease to be extended one or more times, but the aggregate of the initial period and any extensions must not exceed 50 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 Board and approved in writing by the Minister. 41B. Power to enter and use land (1) If a lease of land is granted under section 41(1)(a) the lessee, its servants or agents may, in accordance with that lease, enter and use the land for the purposes of— (a) carrying out the construction of the facilities or buildings referred to in section 41(1)(a) on the land; and (b) carrying out the construction of structures ancillary but related to those facilities or buildings on the land; and (c) altering, repairing, maintaining and removing those facilities, buildings or structures; and (d) developing or managing the facilities, buildings or structures. s. 5 -- 5 of 7 -- Victorian Legislation and Parliamentary Documents Act No. 92/2003 Emerald Tourist Railway (Amendment) Act 2003 5 (2) Sub-section (1) does not apply unless written consent to the entry or use has been obtained from the Board.". ═══════════════ s. 5 -- 6 of 7 -- Victorian Legislation and Parliamentary Documents Act No. 92/2003 Emerald Tourist Railway (Amendment) Act 2003 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 16 October 2003 Legislative Council: 6 November 2003 The long title for the Bill for this Act was "to amend the Emerald Tourist Railway Act 1977 to provide for the Emerald Tourist Railway Board to lease vested Crown land for up to 50 years with the approval of the Minister and for other purposes." 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