Commonwealth Consolidated Acts

NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 - SECT 52

Grants of leases by a Land Trust under section 19

             (1)  Despite the grant of a lease of Aboriginal land under section 31, the Land Trust for the land may grant another lease, in accordance with section 19 of the Aboriginal Land Rights (Northern Territory) Act 1976 , that covers part of that land.

Note:          The Land Trust for land covered by a lease granted under section 31 may also grant, in respect of the land, an interest of a kind prescribed by the regulations (see subsection (4A)).

             (2)  The consent, in writing, of the Minister is required for the grant or variation of a lease under section 19 of that Act (as it applies because of subsection (1)) while the lease under section 31 is in force.

             (3)  If, in accordance with section 19 of the Aboriginal Land Rights (Northern Territory) Act 1976 and this section, the Land Trust grants a 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.

             (4)  A variation under subsection (3) takes effect at the time the lease granted under section 19 of that Act takes effect.

Grants of interests by a Land Trust under section 19 if prescribed by regulations

          (4A)  Despite the grant of a lease of Aboriginal land under section 31, the Land Trust for the land may, in accordance with section 19 of the Aboriginal Land Rights (Northern Territory) Act 1976 , grant an interest (including a licence but not including a lease) of a kind prescribed by the regulations for the purposes of this section.

No other dealings authorised

             (5)  To avoid doubt, subsections (1) and (4A) do not authorise a Land Trust to deal with an estate or interest in land covered by a lease granted under section 31, other than by granting a lease or an interest as referred to in those subsections.

No approval required for certain contracts

             (6)  Subsection 27(3) of the Aboriginal Land Rights (Northern Territory) Act 1976 does not apply in relation to a contract with the Commonwealth relating to land covered by a lease granted under section 31.

Dealings by the Commonwealth

             (7)  To avoid doubt, subsection 19(8) of the Aboriginal Land Rights (Northern Territory) Act 1976 does not apply in relation to the grant, by the Commonwealth, of an interest in any land covered by a lease granted under section 31.