NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71AD Matters to be covered in lease between Aboriginal Land Council and Minister

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71AD

71AD Matters to be covered in lease between Aboriginal Land Council and Minister

(1) A lease of lands under this Part must make provision for the following--

(a) the leasing of the whole of the lands vested in the Aboriginal Land Council or Councils to the Minister, subject to native title,

(b) a term of at least 30 years,

(c) the renewal of the lease for a further term of at least 30 years, with no limitation on the number of times the lease may be so renewed, provided that each party consents to the renewal,

(d) the manner in which the lease is to be renewed,

(e) the replacement of the lease, in accordance with this Part, with a new lease,

(f) an acknowledgement that the care, control and management of the lands is to be vested in a board of management established under this Part,

(g) an acknowledgement that the Aboriginal Land Council or Councils in which the lands are vested hold the lands on behalf of the Aboriginal owners of the lands,

(h) an acknowledgement that officers of the Service are (subject to any plan of management in force with respect to the lands and to any directions given and supervision and oversight exercised by the board of management for the lands) entitled to exercise on and with respect to the lands any power, authority, duty or function conferred or imposed on any one or more of them by or under this or any other Act,

(i) an acknowledgement that the Aboriginal owners of the lands, and any other Aboriginal persons who have the consent of the Aboriginal owner board members, are entitled (subject to this and any other Act applying to the lands and any plan of management in force with respect to the lands) to enter and use the lands for hunting or fishing for, or the gathering of, traditional foods for domestic purposes and for ceremonial and cultural purposes to the extent that that entry or use is in accordance with the tradition of the Aboriginal owners,

(j) an acknowledgement that the Aboriginal Land Council or Councils in which the lands are vested and their employees, contractors and agents must comply with the provisions of this and any other Act applying to the lands, the regulations and any plan of management in force with respect to the lands, including provisions concerning the protection of animals, trees, timber, plants, flowers and vegetation,

(k) an acknowledgement that the lease is subject to any existing interest within the meaning of section 39, any licence issued under Part 9, any lease, licence, franchise or easement granted under Part 12 and any authority or consent issued under this Act or the regulations affecting the lands, or any part of the lands, that is current on the date on which the lands are vested in the Aboriginal Land Council or Councils,

(l) the grant, extension or extinguishment of any interest, licence, lease, franchise, easement, authority or consent of a kind referred to in paragraph (k) subject to the requirements of this Act and, in the case of an extension or extinguishment, to any instrument under which the interest, licence, lease, franchise, easement, authority or consent was granted,

(m) an acknowledgement that the public generally has (subject to any plan of management in force with respect to the lands) a right of access to the lands in accordance with this Act and the regulations,

(n) a term acknowledging that the lands, or any part of the lands, may not be the subject of any sale, exchange, disposal or mortgage and providing that, to the extent to which the lands may otherwise be dealt with, any such dealing must be only with the prior written consent of the Minister.

(2) A lease under this Part must also make provision for the following--

(a) a requirement that the Minister consult with the Aboriginal Land Council or Councils in which the lands are vested before the making, amending or repealing of any regulations in respect of the lands,

(b) a requirement that consultations concerning the operation of the lease are to involve the Secretary and the board of management for the lands,

(c) the compliance by the parties to the lease with any requirements that arise because the lands are, or a part of the lands is, situated in an area listed as an item of cultural heritage or natural heritage of outstanding universal value in accordance with--

(i) the World Heritage Properties Conservation Act 1983 of the Commonwealth, and

(ii) the Convention for the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, being the convention a copy of the English text of which is set out in the Schedule to the Commonwealth Act referred to in subparagraph (i).

(3) As a condition of a lease under this Part, the Minister must undertake to use the Minister's best endeavours to implement the Aboriginal Employment and Training Plan 1991-1996 published by the National Parks and Wildlife Service in October 1991 or any plan replacing that Plan and, in particular, any timetable set out in such a plan. The Minister must report to Parliament from time to time on progress achieved in implementing any such plan.

(4) The lease may make provision for such other matters, not inconsistent with this Act or the regulations, as the Minister and the Aboriginal Land Council or Councils consider appropriate.