EXPLANATORY STATEMENT

Additional Terms and Conditions for Leases Determination 2007

Summary

The Additional Terms and Conditions for Leases Determination 2007 (the Determination) is made under subsection 36(1) of the Northern Territory National Emergency Response Act 2007 (the Act).

The purpose of this determination is to specify additional terms and conditions of a lease of land granted to the Commonwealth under section 31 of the Act, including a lease as varied under section 35 of the Act. 

Background

Section 31 of the Act provides for the grant of a lease of certain land to the Commonwealth.  Section 35 of the Act sets out the key terms and conditions of a lease granted under section 31 of the Act.  Subsection 36(1) of the Act provides that the Minister for Families, Community Services and Indigenous Affairs may determine additional terms and conditions of a lease granted under section 31 of the Act. 

Explanation of the Provisions

Clause 1 of the Determination provides definitions of terms used in the terms and conditions set out in the Determination (the Determined Terms and Conditions).  This clause also provides for rules of interpretation for the Determined Terms and Conditions.

Clause 2 sets out the Permitted Use of the land.

Clause 3 provides certain rights of access. 

Subclause 3.1 provides that a person has a right of reasonable access to land that is leased to the Commonwealth where such access is for the purpose of that person accessing land that is leased to them.  

Subclause 3.2 permits the Commonwealth to enter and access Improvements and Services.  This subclause also allows the Commonwealth to permit others to enter and access Improvements and Services.

Clause 4 permits the Commonwealth to deal with Improvements and Services. 

Subclause 4.1 permits the Commonwealth to carry out certain activities, consistent with the Permitted Use, in respect to Existing Improvements and Existing Services including maintaining, repairing, upgrading, refurbishing, fitting out, landscaping, clearing, dismantling, demolishing, removing and replacing them. 

Subclause 4.2 permits the Commonwealth to carry out certain activities, consistent with the Permitted Use, in respect of Commonwealth Improvements and Commonwealth Services, including constructing, erecting, installing, placing, altering, refurbishing, fitting out, landscaping, dismantling and clearing them.  

Subclause 4.3 permits the Commonwealth to remove or demolish Commonwealth Improvements and Commonwealth Services at any time prior to the end of the Lease.  This subclause does not permit the Commonwealth to remove Commonwealth Improvements and Commonwealth Services to which Part IIB of the Aboriginal Land Rights (Northern Territory) Act 1976 applies (Part IIB relates to statutory rights over buildings and infrastructure) or to which subsection 20(2) of the Northern Territory Crown Lands Act applies (Subsection 20(2) relates to reservations in respect to Aboriginal community living areas).

Subclause 4.4 provides that at the end of the lease, property in and title to all Commonwealth Improvements and Commonwealth Services will pass to and become the property of the Relevant Owner.  This subclause is subject to other rights and interests in the Commonwealth Improvements and Commonwealth Services under sections 12A, 14, 18, 18A and 18B and Part IIB of the Aboriginal Land Rights (Northern Territory) Act 1976 and subsection 20(2) of the Northern Territory Crown Lands Act.

Clause 5 provides that the Commonwealth must pay all rates and taxes payable in respect of the land that is leased to the Commonwealth.

Clause 6 clarifies that the Determined Terms and Conditions do not restrict the exercise of the Commonwealth’s powers under the Act.

Consultation

No public consultation was undertaken under section 17 of the Legislative Instruments Act 2003 because the determination relates to leases granted to the Commonwealth in accordance with the Northern Territory emergency response and the determination is required as a matter of urgency.