Commonwealth Consolidated Acts

NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 - SECT 37

Termination of existing rights, titles, interests or leases

             (1)  The Commonwealth may, at any time, terminate:

                     (a)  a right, title or interest that is preserved under section 34; or

                     (b)  a lease (the earlier lease ) of land that (under subsection 31(3)) is excluded from the land covered by a lease (the later lease ) granted under section 31.

Note:          Compensation might be payable under section 60 if the Commonwealth terminates a right, title, interest or lease under this section.

             (2)  Subsection (1) does not apply to rights granted under sections 12A, 14, 18, 18A, 18B, 20W, 20X, 20ZH and 20ZI of the Aboriginal Land Rights (Northern Territory) Act 1976 .

             (3)  The Commonwealth terminates a right, title or interest in land, or a lease of land, by the Minister giving notice in writing to the person who holds the right, title, interest or lease. The Minister may also give a copy of the notice to the relevant owner of the land and any other relevant person.

             (4)  The termination takes effect, by force of this subsection, at the time specified in the notice (which must not be earlier than the day on which the notice is given to the person who holds the right, title, interest or lease).

             (5)  A notice given under subsection (3) is not a legislative instrument.

Early termination of lease on granting a subsequent lease of a township

             (6)  Despite the grant of a lease of Aboriginal land under section 31, the Land Trust for the land may, in accordance with section 19A of the Aboriginal Land Rights (Northern Territory) Act 1976 , grant a lease (the township lease ) of a township.

Note:          The Land Trust may also grant a lease of land under section 19 of that Act (see section 52 of this Act).

             (7)  If the Land Trust grants a township lease that covers all of the land, the lease granted under section 31 of that land is terminated by force of this subsection.

             (8)  If the Land Trust grants a township lease that covers part of the land, the lease granted under section 31 that covers that part is varied, by force of this subsection, to exclude that part.

             (9)  The lease granted under section 31 is terminated, or varied, at the time the township lease takes effect.