Commonwealth Consolidated Acts

NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 - SECT 34

             (1)  This section applies to any right, title or other interest in land if:

                     (a)  the land is covered by a lease granted under section 31; and

                     (b)  the right, title or interest exists immediately before the time that lease takes effect.

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

             (2)  However, this section does not apply to any native title rights and interests.

Note:          Native title rights and interests are dealt with in section 51.

             (3)  The right, title or interest is preserved as a right, title or interest (as the case requires) in the land after that time.

Note:          The right, title or interest can be terminated under subsection 37(1).

             (4)  If the right, title or interest in the land was granted by the relevant owner of the land, the right, title or interest has effect, while the lease is in force, as if it were granted by the Commonwealth on the same terms and conditions as existed immediately before that time.

             (5)  However, at any time, the Minister may determine in writing that subsection (4) does not apply to a right, title or interest.

             (6)  The Minister must give a copy of a determination under subsection (5) to the person who holds the right, title or interest. The Minister may also give a copy of the determination to the relevant owner of the land and any other relevant person.

             (7)  The determination takes effect at the time specified in the determination (which must not be earlier than the day on which the determination is given to the person who holds the right, title or interest).

             (8)  Subsection (4) is to be disregarded for the purposes of subsection 19A(11) of the Aboriginal Land Rights (Northern Territory) Act 1976 .

             (9)  A determination under subsection (5) is not a legislative instrument.

           (10)  A reference in this section to a right, title or interest includes a reference to a licence.