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ROAD LEGISLATION MISCELLANEOUS AMENDMENTS ACT 2010 (NO. 75 OF 2010) - SECT 4

Leasing powers

See:
Act No.
107/1995.
Reprint No. 7
as at
1 September 2008
and amending
Act Nos
14/2007, 30/2007, 66/2008, 6/2009, 17/2009, 28/2009, 93/2009 and 6/2010.
LawToday:
www.
legislation.
vic.gov.au

    (1)     In section 60(1)(b)(v) of the Melbourne City Link Act 1995 , for "provided for." substitute "provided for; and".

    (2)     After section 60(1)(b) of the Melbourne City Link Act 1995 insert

    "(c)     may ratify or give effect to any partial surrender of the lease by the lessee, if the lessee has the consent of any mortgagee and the holder of any charge over the lease.".

    (3)     After section 60(2) of the Melbourne City Link Act 1995 insert

    "(2A)     Despite the partial surrender of a lease that is ratified or given effect to under subsection (1)(c)—

        (a)     any declaration under section 61(1); and

        (b)     any toll zone specified under section 71(1)—

made or specified in relation to leased land continues in operation in relation to any part of the leased land that is not surrendered.

    (2B)     For the avoidance of doubt, the partial surrender of a lease ratified or given effect to under subsection (1)(c) does not constitute the surrender in full of that lease and does not affect the operation of the lease in relation to any part of the leased land that is not surrendered.".



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