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DELIVERING VICTORIAN INFRASTRUCTURE (PORT OF MELBOURNE LEASE TRANSACTION) ACT 2016 (NO. 10 OF 2016) - SECT 54

Preservation of leases and licences

    (1)     Section 53 does not affect the status or continuity of any lease or licence of affected land existing immediately before the commencement of an Order under section 51 or 52 applying to that affected land and that lease or licence has effect—

        (a)     as the case requires, as a lease or licence between the Minister administering the Land Act 1958 as lessor or licensor and the lessee or licensee for the time being under the lease or licence, as if the lease or licence had been assigned to the Minister; and

        (b)     as if it referred to the Minister instead of to the lessor or licensor (however described).

    (2)     Section 53 does not affect the status or continuity of any sublease or sublicence existing over affected land at the date of commencement of an Order under section 51 or 52 applying to that affected land.

    (3)     Subject to subsection (4), the issue of a Crown grant of any land affected by a lease or licence and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of the lease or licence of that land and that lease or licence has effect on and after the issue of the Crown grant—

        (a)     as the case requires, as a lease or licence between the person to whom the Crown grant is made as lessor or licensor and the lessee or licensee for the time being under the lease or licence, as if the lease or licence had been assigned to the person to whom the Crown grant is made; and

        (b)     as if the lease or licence referred to the person to whom the Crown grant is made instead of to the lessor or licensor (however described).

    (4)     If more than one Crown grant is issued of any land affected by a lease or licence and existing immediately before the date of issue of the Crown grants, the issue of the Crown grants does not affect the status or continuity of the lease or licence of that land and that lease or licence has effect on and after the issue of the Crown grants—

        (a)     as the case requires, as a lease or licence between the persons to whom the respective Crown grants are made as joint lessors or licensors and the lessees or licensees for the time being under the lease or licence, as if it had been assigned jointly to the persons to whom the respective Crown grants are made; and

        (b)     as if the lease or licence referred to the persons to whom the respective Crown grants are made instead of to the lessors or licensors (however described).

    (5)     The issue of a Crown grant in respect of any land affected by a lease or licence and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of any sublease or sublicence existing over that land at the time of the issue of the Crown grant in respect of that land.

    (6)     This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.

    (7)     In this section—

"Act" does not include the Charter of Human Rights and Responsibilities;

"affected land" means land to which an Order under section 51 or 52 applies;

"lease" includes an agreement or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease and sublease has a corresponding meaning;

"licence" includes an agreement or other interest arising under or in relation to a licence whether or not the licence has expired and an interest in the nature of a licence and sublicence has a corresponding meaning.

Division 3—Leasing and licensing of Crown land



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