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ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 - SECT 20CA

Executive Director to hold leases and subleases on behalf of the Commonwealth

             (1)  This section applies if:

                     (a)  a proprietor of a community living area is considering granting a lease of some or all of the community living area; or

                     (b)  a proprietor of a lease of a town camp is considering granting a sublease of some or all of the town camp; or

                     (c)  a proprietor of land:

                              (i)  that is prescribed by the regulations for the purposes of this section; and

                             (ii)  that has been granted to the proprietor primarily for the benefit of Aboriginal people in the Northern Territory;

                            is considering granting a lease of some or all of the land; or

                     (d)  a proprietor of a lease of land:

                              (i)  that is prescribed by the regulations for the purposes of this section; and

                             (ii)  that has been leased to the proprietor primarily for the benefit of Aboriginal people in the Northern Territory;

                            is considering granting a sublease of some or all of the land; or

                     (e)  the proprietor of a lease of Aboriginal land is considering granting a sublease of some or all of the land.

             (2)  The proprietor may, by notice in writing given to the Minister, request that, if the proprietor and the Commonwealth intend to enter into the lease or sublease, the Executive Director:

                     (a)  enter into the lease or sublease on behalf of the Commonwealth; and

                     (b)  administer the lease or sublease.

             (3)  If the Minister receives a request under subsection (2), the Minister must, by notice in writing given to the proprietor, agree or refuse to agree to the request.

             (4)  A notice given under subsection (2) or (3) is not a legislative instrument.

          (4A)  To avoid doubt, for the purposes of paragraph (1)(e), the proprietor may be the Director of National Parks (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 ).

          (4B)  To avoid doubt, for the purposes of paragraph (1)(e), the lease may be a lease granted under section 19A.

             (5)  In this section:

"town camp" means land leased primarily for residential, community or cultural purposes for Aboriginal people under:

                     (a)  the Special Purposes Leases Act 1953 of the Northern Territory; or

                     (b)  the Crown Lands Act 1992 of the Northern Territory.

Note:          The reference to the Special Purposes Leases Act 1953 and the Crown Lands Act 1992 of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.



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