PROPERTY AND LEASING

Property and Leasing Unit

Under the Alpine Resorts (Management) Act 1997, the Mt Buller Mt Stirling Resort Management Board (RMB) is the Statutory Authority responsible for the management of Crown Land at Mt Buller.

The Property and Leasing Unit is available to assist with lease renewal and transfer of ownership matters.

BUILDING AND RENOVATING

Planning on upgrading your place for next season?

Registering with us means you’ll be kept informed of requirements, summer events and emergency management that may impact your project.

No matter the size of your project, whether you are repainting a bathroom or completing a full rebuild, we’d like to hear from you.

Complete and return the Registration Form to property@mtbuller.com.au 

Follow our Construction- Guide to Best Practice document to ensure a smooth construction season. Click here to watch our Construction Induction Webinar  

 

LEASE RENEWAL PROCESS

All Victorian alpine resorts are Crown Land permanently reserved under Section 4 (1) of the Crown Land (Reserves) Act 1978. Leases grant tenants exclusive right to occupy the land.

The leasing of Crown Land is governed by the Alpine Resorts Leasing Policy (30 March 2002) which establishes a set of overarching principles around public benefit, ecological sustainability, consistency and transparency. The policy can be accessed here.

The Mt Buller Mt Stirling Property Leasing Procedure ensures a consistent approach is taken to implementing the policy and determining lease terms. The procedure can be accessed here.

We recommend Lessees initiate the lease renewal process one to two years before the lease expiry date. However, Lessees can surrender their existing lease and enter into negotiations with the Board for a new lease at any time, if they want to. If the new lease isn’t finalised before the existing lease expires, over-holding provisions apply to ensure tenure continuity.

The Resort Management Board works collaboratively with Lessees to help secure the longest lease term possible in accordance with the Alpine Leasing Policy and Property and Leasing Procedure.

To commence the new lease process, Lessees are asked to complete the New Lease Application Form which can be accessed here.

Lease Renewal Steps:
Negotiating a new lease can take some time as the approval process involves a number of steps:

  1. Complete the new lease application form and return along with the required attachments
  2. Your application will be assessed against criteria outlined in the Alpine Leasing Policy to determine the lease term.  
  3. Once your application has been assessed, we will discuss the scoring with you. If there are any opportunities to improve the scored assessment by providing additional information, we will let you know. 
  4. The Mt Buller Mt Stirling Resort Management Board approves the proposed lease term in principle.
  5. Ministerial Approval in Principle is sought authorising the granting of the proposed lease.
  6. The new lease is drafted and provided to you for execution.
  7. Ministerial execution is sought.
  8. The Board signs the lease and arranges for the new lease to be registered with the Titles Office. A copy of signed lease provided to you.

 

Lease Renewal Fees:

Lessees may incur the following fees as part of the Lease Renewal process:

Item

Description

Estimated Fee

Building Standards and Fire Safety Report

 

Lessee to coordinate with Independent Building Surveyor. Recommend to complete two to three years prior to lease expiry.

Approx $1000 to be arranged by the Lessee

Valuation Report

 

Conducted by the Office of Valuer-General Victoria within 6 months of Lease expiry.

$650
Admin fee of 10% applies as the RMB coordinates this on the Lessee’s behalf.

OP Survey Plan

 

Conducted by the Office of Surveyor-General Victoria and/or Independent Surveyor. Only required if there has been a change to the site boundary. Lessee to coordinate survey if required.

$562.39 + GST (Office of Surveyor General Victoria cost)

Title Registration

 

Registration of Lease with Land Use Victoria

$96.10
Admin fee of 10% applies as the RMB coordinates this on the Lessee’s behalf unless instructed otherwise.

TOTAL

Approximately
$1,800 to $2,500

 

BUYING AND SELLING PROPERTY AT MT BULLER

As the Landlord, the RMB must provide written consent whenever a transaction takes place, including the transfer of ownership of a Crown Allotment, Sub-Lease of an apartment/unit or car park, License, Mortgage or change in share ownership.

Buildings are owned under a Head Lease with the RMB acting as Landlord. Ownership of apartments/units/carparks are through either a Sub Lease or Share arrangement. The following are the most common forms of ownership at Mt Buller:

  • The owner has shares in the head lessee company. The shares give exclusive rights to use the nominated apartment, but there is no sublease:
  • The owner has shares in the head lessee company and also has a sublease giving exclusive right to use the nominated apartment;
  • The owner has a sublease from the head lessee company giving exclusive right to use the nominated apartment, with no shares in the head lessee company.

All new head leases are registered at the Titles Office and subleases should be registered.

Types of Consents:

  • Head Lease Transfer - when a Crown Allotment Lease is sold
  • Sub Lease or Share Transfer - when an apartment/unit/carpark or shares are sold
  • Mortgage - when a lease, sub lease or shares are mortgaged


Consent Fee:

A fee of $825 (inc GST) per consent is payable to Mt Buller Mt Stirling Resort Management Board via:

Cheque:

Mt Buller Mt Stirling Resort Management Board

Alpine Central, 10 Summit Road, Mt Buller VIC 3723

OR EFT:

Account Name: Mt Buller & Mt Stirling RMB

BSB: 083755, NAB, 76 High Street Mansfield

Account: 48 523 4410

Consent Process:

  1. Consent request submitted to RMB (see required documentation list below). Please note that the Board requires all outstanding financial matters pertaining to the site be settled and the consent fee paid prior to processing of consent requests.
  2. RMB conduct a review of documents
  3. The Board and/or CEO approves consent
  4. Executed Consent returned
  5. Settlement of transaction


Please allow 14 days, with the exception of Head Lease transfers, for the Consent to be processed, provided all documents are in order. Head Lease transfers can take up to two months.

Required Documentation:

The following documents are required to be provided to the RMB in order to grant consent:

Required Documentation

Head Lease Transfer

Sub Lease or Share Transfer

Mortgage

Board Consent Form

Required

Required

Required

ASIC Company Search listing current Directors, Shareholders

Required

Required

Required

Share Certificate

If applicable

If applicable

If applicable

Approval by Head Lessee

Not required

Required

Required

Evidence of solvency/financial responsibility (Financial statements or Sworn Statement of Assets and Liabilities, Business references, Deed of Guarantors and Indemnity)

Required

Not required

If applicable

Contract of Sale

Required

Required

Not required

Transfer of Lease

Required

Required

Not required

Notice of Disposition

Required

Required

Not required

Discharge of Mortgage

If applicable

If applicable

Not required

Standard Share Transfer Form

If applicable

If applicable

Not required

Certificate of Incorporation

Required

Not required

Not required

Articles and Memorandum or Association or Constitution

Required

Not required

Not required

Public Liability Insurance

Required

Not required

Not required

Transfer of Land

If applicable

Not required

Not required

Mortgage (Head Lease, Shares, Sub Lease)

If applicable

If applicable

Required

Share Security Deed

Not required

Not required

If applicable

 

Fee Schedule

Click here to view full list of Fees related to Property and Leasing


CONTACT US
If you have any questions or would like to know more, simply email us at property@mtbuller.com.au