Additional Terms and Conditions for Leases Determination 2007 (Cth)
Additional Terms and Conditions for Leases Determination 2007
Northern Territory National Emergency Response Act 2007
I, MALCOLM THOMAS BROUGH, Minister for Families, Community Services and Indigenous Affairs, DETERMINE under section 36 of the Northern Territory National Emergency Response Act 2007 the terms and conditions set out in the Schedule for the purposes of a lease granted to the Commonwealth under section 31 of the Act including a lease as varied in accordance with section 35 of the Act.
This Determination takes effect on the day when section 31 of the Act commences.
Dated 17th August 2007
Mal Brough
Minister for Families, Community Services and Indigenous Affairs
SCHEDULE
DETERMINED TERMS AND CONDITIONS
CONTENTS
Definitions and Interpretation
1.1.Definitions
1.2.Interpretation
Use of Land
2.1.Permitted Use
Access
3.1.Access to Previously Leased Land
3.2.Access to Improvements and Services
Improvements and Services
4.1.Existing Improvements and Existing Services
4.2.Commonwealth Improvements and Commonwealth Services
4.3.Removal of Commonwealth Improvements and Commonwealth Services
4.4.Ownership of Commonwealth Improvements and Commonwealth Services at end of Lease
Rates and Taxes
5.1.Rates and Taxes
Exercise of Powers under the Act
6.1.Exercise of Powers under the Act
Definitions and Interpretation
1.1.Definitions
1.1.1.Capitalised terms used in the Determined Terms and Conditions which are not otherwise defined have the meanings given to them in the Act.
1.1.2.Act means the Northern Territory National Emergency Response Act 2007 (Cth).
1.1.3.Commonwealth Improvements means all Improvements erected on, or attached to, or under the Land by or on behalf of the Commonwealth and its sublessees and licensees or with the permission of the Commonwealth (where such permission is necessary), after the commencement of the Lease and all Improvements erected on, or attached to, or under the Land by or on behalf of the Commonwealth after 21 June 2007 and before the commencement of the Lease.
1.1.4.Commonwealth Services means all Services installed on or under the Land by or on behalf of the Commonwealth and its sublessees and licensees or with the permission of the Commonwealth (where such permission is necessary), after the commencement of the Lease.
1.1.5.Determined Terms and Conditions means terms and conditions set out in this Schedule.
1.1.6.Existing Improvements means all Improvements other than Commonwealth Improvements existing on or under the Land on the day immediately preceding the commencement of the Lease and, where the lease is varied to include additional land in accordance with subsection 35(6) of the Act, any Improvements other than Commonwealth Improvements existing on or under that additional land immediately preceding the commencement of the variation.
1.1.7.Existing Services means all Services existing on or under the Land on the day immediately preceding the commencement of the Lease and, where the lease is varied to include additional land in accordance with subsection 35(6) of the Act, any Services existing on or under that additional land immediately preceding the commencement of the variation.
1.1.8.Improvements means all buildings, structures, fixtures, fittings, plant and equipment, signs and other items which are on or under the Land.
1.1.9.Land means land covered by the Lease granted under section 31 of the Act and, unless the context otherwise requires, includes additional land included in the lease in accordance with subsection 35(6) of the Act.
1.1.10.Land Rights Act means the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).
1.1.11.Lease means a lease granted to the Commonwealth under section 31 of the Act, including the lease as varied in accordance with subsection 35(6) of the Act.
1.1.12.Permitted Use means the use stated in clause 2 of the Determined Terms and Conditions.
1.1.13.Services means all utilities and services which are on or under the Land and includes sewerage, drainage, water, electricity, gas and telecommunications services.
1.2.Interpretation
1.2.1.In the Determined Terms and Conditions:
1.2.2.The singular includes the plural and vice versa.
1.2.3.Reference to a person includes:
a. a corporation or government body; and
b. the legal representatives, successors and assigns of that person.
1.2.4.Reference to a right includes a remedy, authority or power.
1.2.5.Headings are for convenience only and do not form part of the Determined Terms and Conditions or affect its interpretation.
1.2.6.As far as possible all provisions must be construed so as not to be invalid, illegal or unenforceable.
1.2.7.If anything in the Determined Terms and Conditions is unenforceable, illegal or void then it is severed and the rest of the Determined Terms and Conditions remain in force.
1.2.8.If a provision in the Determined Terms and Conditions cannot be read down, that provision will be void and severable and the remaining provisions will not be affected.
1.2.9.Words of inclusion are not words of limitation.
1.2.10.Reference to a thing is a reference to all or part of that thing.
1.2.11.A reference to a statute, regulation, rule, determination or ordinance includes that statute, regulation, rule, determination or ordinance as amended, consolidated, re-enacted or replaced from time to time.
1.2.12.To the extent that any of the provisions of the Determined Terms and Conditions are inconsistent with the Act, the provisions of the Act will prevail.
Use of Land
2.1.Permitted Use
2.1.1.The Commonwealth is entitled to use, and permit the use of, the Land for any use the Commonwealth considers is consistent with the fulfilment of the object of the Act.
Access
3.1.Access to Previously Leased Land
3.1.1.The lessee of an area of land (‘the area’) which is excluded from the Lease by subsection 31(3) of the Act may have reasonable access to the Land for the purpose of accessing the area.
3.2.Access to Improvements and Services
3.2.1.The Commonwealth is entitled to enter and access, and permit entry to and access to, all Improvements and Services.
Improvements and Services
4.1.Existing Improvements and Existing Services
4.1.1.The Commonwealth may carry out any activity on or in relation to the Land consistent with the Permitted Use including maintaining, repairing, upgrading, refurbishing, fitting out, landscaping, clearing, dismantling, demolishing, removing and replacing any Existing Improvements or Existing Services.
4.2.Commonwealth Improvements and Commonwealth Services
4.2.1.The Commonwealth may carry out any activity on or in relation to the Land consistent with the Permitted Use including constructing, erecting, installing, placing, altering, refurbishing, fitting out, landscaping, dismantling and clearing any Commonwealth Improvements or Commonwealth Services.
4.3.Removal of Commonwealth Improvements and Commonwealth Services
4.3.1.The Commonwealth may, at any time prior to the end of the Lease, remove or demolish any Commonwealth Improvements and Commonwealth Services, other than Commonwealth Improvements and Commonwealth Services to which Part IIB (Statutory rights over buildings and infrastructure) of the Land Rights Act or subsection 20(2) (Reservations relating to Aboriginal community living areas) of the Crown Lands Act (as modified by section 41 of the Act) apply.
4.4.Ownership of Commonwealth Improvements and Commonwealth Services at end of Lease
4.4.1.Subject to sections 12A, 14, 18, 18A and 18B and Part IIB of the Land Rights Act and subsection 20(2) of the Crown Lands Act (as modified by section 41 of the Act), at the end of the Lease the property in and title to all Commonwealth Improvements and Commonwealth Services will pass to and become the property of the Relevant Owner.
Rates and Taxes
5.1.Rates and Taxes
5.1.1.The Commonwealth must pay all rates and taxes payable in respect of the Land.
Exercise of Powers under the Act
6.1.Exercise of Powers under the Act
6.1.1.Notwithstanding any provision of the Determined Terms and Conditions to the contrary, the Commonwealth may exercise any powers it has under the Act in respect of the Lease.
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