Commonwealth Consolidated Acts

NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 - SECT 62

Agreement on amounts in respect of leases granted under section 31

          (1A)  The Commonwealth Minister and the relevant owner (the other party ) (not being the Northern Territory) of land that is covered by a lease granted under section 31 may agree in writing on an amount to be paid by the Commonwealth to the other party.

          (1B)  The payment of the amount agreed under subsection (1A) may be made as a one‑off payment, or a periodic payment while the lease is in force, as agreed by the Commonwealth Minister and the other party.

          (1C)  Before the Commonwealth Minister and the other party agree on an amount under subsection (1A), the Commonwealth Minister may request the Valuer‑General (appointed under section 5 of the Valuation of Land Act of the Northern Territory) to determine an indicative amount for the purposes of subsection (1A).

Agreement on amounts in respect of lease terminated under paragraph 37(1)(b)

          (1D)  The Commonwealth Minister and the person (the other party ) who held a lease of land that is terminated under paragraph 37(1)(b) may agree in writing on an amount to be paid as a one‑off payment by the Commonwealth to the other party.

Agreement on amounts in respect of leases suspended under section 40

           (1E)  The Commonwealth Minister and the person (the other party ) who holds a lease of land that is suspended under section 40 may agree in writing on an amount to be paid by the Commonwealth to the other party.

           (1F)  The payment of the amount agreed under subsection (1E) may be made as a one‑off payment, or a periodic payment while the lease is suspended, as agreed by the Commonwealth Minister and the other party.

General provisions relating to payment of agreed amounts

          (1G)  The Commonwealth must pay the other party the amount agreed under subsection (1A), (1D) or (1E).

          (1H)  If the other party is not represented by a Land Council (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 ) in relation to negotiations to agree on an amount under subsection (1A), (1D) or (1E), the Commonwealth must pay the reasonable expenses incurred in representing the other party in relation to the negotiations.

Payment of rent

             (1)  The Commonwealth Minister may, from time to time, request the Valuer‑General (appointed under section 5 of the Valuation of Land Act of the Northern Territory) to determine a reasonable amount of rent to be paid by the Commonwealth to the relevant owner (not being the Northern Territory) of land that is covered by a lease granted under section 31.

General provisions relating to requests for valuation

             (2)  The Valuer‑General must comply with a request from the Commonwealth Minister under subsection (1C) or (1).

             (3)  Sections 7, 41 and 42 of the Valuation of Land Act of the Northern Territory apply, in relation to a request by the Commonwealth Minister under subsection (1C) or (1), as if a reference in those sections to the Valuation of Land Act were a reference to this section.

             (4)  In making a determination under subsection (1C) or (1), the Valuer‑General must not take into account the value of any improvements on the land.

             (5)  The Commonwealth must pay the amount determined by the Valuer‑General under subsection (1) in relation to the land to the relevant owner of the land while the lease is in force.