Education Amendment Act 2013

Early childhood education and care centres

34 Section 319J replaced (Centres situated on property owned by the Crown)
  • Replace section 319J with:

    319J Centres situated on property owned by, or leased to, the Crown
    • (1) The continued operation of an early childhood education and care centre on land owned by, or leased to, the Crown, and the occupation by an early childhood education and care centre of any building on any such land, may be governed by—

      • (a) a lease or tenancy or licence between the Crown and the service provider who operates the centre under section 45 of the Public Works Act 1981; or

      • (b) a lease or licence between a board and the service provider under section 70B of the Education Act 1989; or

      • (c) a lease between a third party (to whom a lease has been granted by the Crown) and the service provider; or

      • (d) an occupancy document notified to the service provider who operates the centre by the Secretary.

      (2) If subsection (1)(d) applies to an early childhood education and care centre, the following provisions also apply:

      • (a) the Secretary may direct the building of any capital works on that land that are intended for the centre's use:

      • (b) the service provider who operates the centre must—

        • (i) pay to the Secretary the rent for the time being charged by the Secretary; and

        • (ii) comply with standards of maintenance and capital works as determined by the Secretary:

      • (c) the service provider who operates the centre must not, without the Secretary's approval,—

        • (i) carry out any capital works on the land; or

        • (ii) grant any lease or sublease of, or grant any licence or permit in respect of, or assign any rights in respect of, or part with possession or control of, or allow any other person to share possession, control, or use of, the land or any other property of the Crown.

      (3) The Secretary may from time to time amend an occupancy document by written notice to the service provider who operates the early childhood education and care centre.

      (4) In this section, lease includes a sublease.