Commonwealth Consolidated Acts

NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 - SECT 31

             (1)  A lease of the following land is, by force of this subsection, granted to the Commonwealth by the relevant owner of the land:

                     (a)  land referred to, in a clause, in Parts 1 to 3 of Schedule 1 to this Act;

                     (b)  any of the following land that is prescribed by the regulations:

                              (i)  Aboriginal land (within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 );

                             (ii)  land granted to an association under subsection 46(1A) of the Lands Acquisition Act of the Northern Territory (including that land as held by a successor to an association);

                            (iii)  land in which, at the time this section commences, an estate in fee simple or a lease is held by the Aputula Social Club Incorporated, The Aputula Social Club Incorporated, the Aputula Housing Association Incorporated, The Aputula Housing Association Incorporated, the Daguragu Community Government Council or the Pine Creek Aboriginal Advancement Association Inc.

Note 1:       Certain land might be excluded from, or included in, a lease (see subsection (3) and subsection 35(6)).

Note 2:       For the effect of Commonwealth and Northern Territory laws in relation to a lease granted under this section, see Division 3.

             (2)  A lease granted under subsection (1) is for a term:

                     (a)  beginning:

                              (i)  if the lease is of land referred to in clause 2, 4, 5, 6, 11, 13, 14, 15, 17, 18, 19, 27, 30, 32, 36, 37, 39, 41, 45, 47, 48, 49, 57, 60, 62 or 63 of Schedule 1 to this Act--at the time at which this section commences; or

                             (ii)  if the lease is of land referred to in clause 1, 3, 7, 8, 9, 10, 12, 21, 22, 23, 24, 25, 29, 31, 33, 34, 35, 38, 40, 42, 43, 50, 51, 55 or 58 of Schedule 1 to this Act--at the time specified in section 32; or

                            (iii)  if the lease is of land referred to in clause 16, 20, 26, 28, 44, 46, 52, 53, 54, 56, 59, 61 or 65 of Schedule 1 to this Act--at the time specified in section 33; or

                            (iv)  if the lease is of land referred to in clause 64 of Schedule 1 to this Act, and that land has been prescribed by regulations for the purposes of this subparagraph--on the first day after the end of the disallowance period for the regulations (subject to section 42 of the Legislative Instruments Act 2003 ); or

                             (v)  if the lease is of land prescribed by the regulations under paragraph (1)(b)--on the first day after the end of the disallowance period for the regulations (subject to section 42 of the Legislative Instruments Act 2003 ); and

                     (b)  ending 5 years after the time at which this section commences.

Note:          The lease might be terminated early under subsection 35(7) or subsection 37(7).

Exclusion of land covered by earlier leases

             (3)  If:

                     (a)  land would, apart from this subsection, be covered by a lease granted under subsection (1); and

                     (b)  a registered lease covering all or part of that land (the whole or the part being the previously leased land ) existed immediately before the lease granted under subsection (1) takes effect;

then, at the time the lease granted under subsection (1) takes effect, the previously leased land is, by force of this subsection, excluded from the land that is covered by the lease granted under subsection (1).

Note:          This subsection does not apply to leases of Nauiyu (Daly River), Finke or Kalkarindji (see sections 39 and 40).

             (4)  To avoid doubt, a registered lease referred to in paragraph (3)(b) may also cover land that is not covered by a lease granted under subsection (1).