New South Wales Consolidated Acts
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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71AI
Re-negotiation of lease before expiry of lease term
71AI Re-negotiation of lease before expiry of lease term
(1) At least 5 years before the expiry of each term of a lease under this
Part-- (a) the Secretary, on behalf of the Minister, and
(b) the Aboriginal
Land Council or Councils in which the lands are vested, and
(c) the
Aboriginal owner board members for the lands concerned,
must consider whether
or not any one or more of the provisions of the lease should be amended to
enable the lease to operate more effectively.
(2) If it is agreed that a
provision does require amendment, the Secretary, the Aboriginal Land Council
or Councils and the Aboriginal owner board members must negotiate on and
prepare the required amendment at least 2 years before the expiry of the then
current term of the lease.
(3) Any amendment prepared in accordance with
subsection (2) and agreed to by the Aboriginal Land Council or Councils must
be presented to the Minister for approval at least 18 months before the expiry
of the then current term of the lease.
(4) If an amendment is approved by the
Minister, a new lease must be prepared incorporating the amended provision.
(5) At least 6 months before the expiry of the then current term of the lease,
the new lease should, if at all possible, be executed in escrow by the
Minister and the Aboriginal Land Council or Councils in which the lands are
vested.
(6) A lease executed under subsection (5) takes effect, in
substitution for the previous lease between the Minister and the Aboriginal
Land Council or Councils, on the expiration of the term of the previous lease.
(7) If the Secretary and the Aboriginal Land Council or Councils agree that no
provisions of the lease require amendment, the lease between the parties
operates for a further term of 30 years, commencing on the expiration of the
current term of the lease, in accordance with its provisions and the
requirements of this Part.
(8) The times specified by this section for the
consideration of the provisions of the lease, the negotiation and preparation
of amendments, the presentation of the amendments to the Minister and the
execution of the lease may be varied by the agreement of the parties.
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