The PV Standard Project Deeds provide that the State must grant, or must procure the grant of, a non-exclusive licence (Development Phase Licence) to Project Co to use and occupy the Development Phase Area to perform the Development Activities.
The Development Phase Licence will be on the terms and conditions set out in the PSDR and such other terms as are imposed by the State (acting reasonably).
For transport infrastructure projects, if the MTPFA applies, the project authority may issue a licence for the purposes of an approved project in respect of any project land that is Crown Land (on behalf of the Crown) or any project land that it holds in fee simple (s173).
A licence issued under the MTPFA cannot exceed the period of the approved project and the terms and conditions of the licence cannot be inconsistent with the approved project. Where land is licensed under the MTPFA:
• there is no land Tax payable by a licensee in respect of the land (s256(3));
• the land is not rateable land within the meaning of section 154 of the Local Government Act 1989 (Vic) (s257(1)); and
• a Council must not make a local law under the Local Government Act 1989 (Vic) for or with respect to restricting the use of any road for access to or egress from licensed land or a temporary construction site for the carrying out of works for the purposes of an approved project (s258(1)(c)).