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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 19A

Land Trust may grant headlease over township

Grant of lease

             (1)  A Land Trust may grant a lease of a township to an approved entity if:

                     (a)  the Minister consents, in writing, to the grant of the lease; and

                     (b)  the Land Council for the area in which the land is situated directs, in writing, the Land Trust to grant the lease.

A consent or direction under this subsection is not a legislative instrument.

          (1A)  If an approved entity is the Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989 ), the Commonwealth or authority is authorised to acquire a lease under this section.

Lease of Jabiru town land

          (1B)  The Kakadu Aboriginal Land Trust may grant a lease of the Jabiru town land under this section despite a deed of grant of an estate in fee simple in that land to that Land Trust not having been delivered to that Land Trust. The lease must be expressed to take effect on the date that such a deed of grant is delivered to that Land Trust.

          (1C)  The Minister must not give a consent under subsection (1) to the grant of a lease mentioned in subsection (1B) unless the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 is satisfied that the terms and conditions of the lease are consistent with the protection of the world heritage values, and other natural and cultural values, of Kakadu National Park (within the meaning of that Act).

Land Council direction

             (2)  A Land Council must not give a direction under subsection (1) for the grant of a lease unless it is satisfied that:

                     (a)  the traditional Aboriginal owners (if any) of the land understand the nature and purpose of the proposed lease and, as a group, consent to it; and

                     (b)  any Aboriginal community or group that may be affected by the proposed lease has been consulted and has had adequate opportunity to express its view to the Land Council; and

                     (c)  the terms and conditions of the proposed lease (except those relating to matters covered by this section) are reasonable.

             (3)  If a Land Council, in giving a direction for a grant of a lease, fails to comply with subsection (2), that failure does not invalidate that grant unless the approved entity to whom the grant was made procured the direction of the Land Council by fraud.

Term of lease

             (4)  The term of a lease granted under this section is the term specified in the lease (which must be at least 40 years and no more than 99 years). The term specified in the lease must not be varied. This subsection is subject to subsections (4A) and (5).

          (4A)  A lease granted under this section may provide for the variation of the lease by way of one or more extensions of the term of the lease. The extensions must not result in the term of the lease being more than 99 years.

Interpretation

          (4B)  Subsection (4A) does not limit variations of the lease in relation to other matters.

Operation of Lands Acquisition Act

          (4C)  If an approved entity is the Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989 ), the Commonwealth or authority is authorised to acquire the interest (within the meaning of that Act) in land that arises under an extension of the term of a lease granted under this section (as mentioned in subsection (4A)).

Grant of replacement lease

             (5)  If, at least 20 years before the end of the term of a lease (the original lease ) granted under this section (including that term as extended as mentioned in subsection (4A)), a Land Trust grants another lease under this section to the same approved entity covering the area of land concerned (whether or not the other lease also covers other land), the original lease ends at the time the other lease takes effect.

Limitation on grant of replacement lease

          (5A)  The Minister must not, under subsection (1), consent to the grant of another lease as mentioned in subsection (5) unless the Minister is satisfied that the grant of the other lease would not adversely affect a sublease or other right or interest derived from the original lease mentioned in subsection (5).

Payments

             (6)  A lease granted under this section must not make provision for the lessee to make a payment to a person other than the lessor.

Transfer of lease

             (8)  A lease granted under this section may be transferred to another approved entity:

                     (a)  with the written approval of the Minister; and

                     (b)  in accordance with the terms and conditions of the lease.

An approval under paragraph (a) is not a legislative instrument.

          (8A)  The Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989 ) is authorised to:

                     (a)  transfer a lease granted under this section in accordance with subsection (8); or

                     (b)  acquire a lease that is transferred in accordance with subsection (8).

Lease not to be used as security

             (9)  A lease granted under this section must not be used as security for a borrowing.

Preserving any existing right, title or other interest

           (10)  Any right, title or other interest in land the subject of a lease granted under this section that existed immediately before the time the lease takes effect is preserved as a right, title or interest in that land after that time.

           (11)  If that right, title or other interest was granted by the Land Trust, then, at the time the lease granted under this section takes effect, that right, title or other interest has effect as if it were granted by the approved entity on the same terms and conditions as existed immediately before that time.

        (11A)  Subsections (10) and (11) do not apply in relation to the grant of a lease mentioned in subsection (1B).

        (11B)  If a lease mentioned in subsection (1B) is granted under this section:

                     (a)  any right, title or interest, or any thing, that was registered under the Land Title Act 2000 (NT) in relation to the land (the relevant land ) the subject of the lease immediately before the time the lease takes effect, other than:

                              (i)  the estate in fee simple in the relevant land held by the Director; and

                             (ii)  any right, title or interest, or any thing, held by the Jabiru Town Development Authority in relation to the relevant land;

                            has full force and effect in accordance with its terms at and after that time; and

                     (b)  any right, title or interest in relation to the relevant land that was granted:

                              (i)  under any right, title or interest, or any thing, covered by paragraph (a); or

                             (ii)  under any right, title or interest, or any thing, held by the Jabiru Town Development Authority in relation to the relevant land;

                            and that existed immediately before the time the lease takes effect, has full force and effect in accordance with its terms at and after that time, subject to subsection (11GA); and

                     (c)  any right, title or interest:

                              (i)  in relation to a facility (within the meaning of the Telecommunications Act 1997 ) that is on, over or under the relevant land and is owned or operated by a carrier (within the meaning of that Act); and

                             (ii)  that existed immediately before the time the lease takes effect;

                            has full force and effect in accordance with its terms at and after that time; and

                     (d)  any right, title or interest in relation to the trust assets (see subsection (11C)) that existed immediately before the time the lease takes effect, has full force and effect in accordance with its terms at and after that time; and

                     (e)  any right, title or interest, or any thing, in relation to the relevant land, specified in a legislative instrument made by the Minister under this paragraph, has full force and effect in accordance with its terms at and after the time the lease takes effect.

        (11C)  For the purposes of paragraph (11B)(d), trust assets means Trust Assets within the meaning of subclause 1(1) of the Agreement between the Jabiru Town Development Authority and Energy Resources of Australia Ltd made on 23 August 1985.

        (11D)  Paragraphs (11B)(a) to (d) do not limit paragraph (11B)(e).

        (11E)  Any right, title, interest or thing to which subsection (11B) applies has full force and effect in accordance with its terms, at and after the time the lease takes effect, even if the right, title, interest or thing did not have full force and effect according to its terms immediately before that time.

         (11F)  If subsection (11B) applies in relation to a right, title, interest or thing granted by the Jabiru Town Development Authority, then, at and after the time the lease takes effect, the right, title, interest or thing has full force and effect in accordance with its terms as if it were granted by the approved entity to which the lease was granted.

        (11G)  If:

                     (a)  subsection (11B) applies in relation to a right, title, interest or thing; and

                     (b)  immediately before the time the lease (the new lease ) mentioned in subsection (1B) takes effect, that right, title, interest or thing is, in accordance with its terms, contingent on the existence of the lease of the Jabiru town land by the Director to the Jabiru Town Development Authority;

then, for the purposes of subsections (11B) to (11F), at the time the new lease takes effect, those terms are taken to have been modified so that the right, title, interest or thing is contingent on the existence of the new lease.

     (11GA)  Despite subsections (11B), (11F) and (11G), a right, title or interest that relates to the relevant land mentioned in subsection (11B) and was granted under a lease (a Director-JTDA lease ) of the Jabiru town land by the Director to the Jabiru Town Development Authority ceases to have effect at the earlier of the following times (or either of them if they are the same):

                     (a)  the time the Director-JTDA lease that ceases to exist because of subsection 12(2AB) would have expired if it had not ceased to exist under subsection 12(2AB);

                     (b)  the time the right, title or interest would have expired had the Director-JTDA lease not ceased to exist under subsection 12(2AB).

     (11GB)  Subsection (11GA) does not prevent the right, title or interest from ceasing to have effect according to its terms (as affected by subsections (11F) and (11G)) before the time worked out under subsection (11GA).

Example:    The right, title or interest may be surrendered or terminated in accordance with those terms before that time.

        (11H)  Before making a legislative instrument under paragraph (11B)(e), the Minister must consult the Land Council for the area in which the relevant land is situated. The Minister may also consult such other persons or bodies as the Minister thinks appropriate.

         (11J)  If the Minister makes a legislative instrument under paragraph (11B)(e), the Minister must give a copy of the instrument to the Land Council for the area in which the relevant land is situated.

           (12)  If:

                     (a)  subsection (11) or (11F) applies in relation to a right, title, interest or thing; and

                     (b)  the lease is transferred in accordance with this section; and

                     (c)  the right, title, interest or thing existed immediately before the time the transfer takes effect;

then, at that time, the right, title, interest or thing has effect as if it were granted by the transferee on the same terms and conditions as existed immediately before that time.

Subleases

           (13)  This section does not prevent a sublease of a lease granted under this section.

           (14)  A lease granted under this section must not contain any provision requiring the consent of any person to the grant of a sublease of the lease.

           (15)  A lease granted under this section must not contain any provision relating to the payment of rent, or the non-payment of rent, in relation to a sublease of the lease.

           (16)  The Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989 ) is authorised to acquire, or grant, a sublease of a lease granted under this section in accordance with the terms and conditions of the lease.

Licences

           (17)  This section does not prevent the lessee of a lease granted under this section from granting a licence in relation to land covered by the lease.

           (18)  The Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989 ) is authorised to acquire, or grant, a licence in relation to land covered by a lease granted under this section in accordance with the terms and conditions of the lease.



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