Northern Territory Consolidated Acts Northern Territory Consolidated Acts37. Reservations in leases
(1) In a lease under this Act:
(a) a reservation of a right of entry and inspection shall be read as a reservation of a right in favour of the Minister, or a person authorised in writing by the Minister, at all reasonable times and in a reasonable manner, to enter on the leased land or a part of it and to inspect the leased lands and any improvements, stock, and crops on it;
(b) a reservation of minerals shall be read as a reservation to the Crown of all minerals and extracted minerals within the meaning of the Mining Act , and all petroleum, within the meaning of the Petroleum Act , together with the right to authorise a person to enter on the land to mine, work for, win, recover and remove them or any of them, and to do all things necessary or convenient for those purposes;
(c) a reservation of a power of resumption shall be read as a power to resume the land in accordance with this Act; and
(d) a reservation of all timber shall be read as including all timber trees and all trees producing bark, resin or valuable substances together with the right to authorise a person to enter on the land and to cut or fell any timber or timber trees or trees producing bark, resin, or valuable substances, and to take away any timber, wood, bark, resin, or any such valuable substances and to do all things necessary or convenient for those purposes.
(2) In a lease under this Act, a reservation in favour of the Aboriginal inhabitants of the Territory shall be read as a reservation permitting those Aboriginals:
(a) who ordinarily reside on; or
(b) who, by Aboriginal tradition, are entitled to use or occupy,
the leased land:
(c) to enter and be on the leased land;
(d) notwithstanding any other law of the Territory, to take and use the water from the natural waters and springs on the leased land; and
(e) subject to any other law in force in the Territory:
(i) to take or kill for food or for ceremonial purposes animals ferae naturae; and
(ii) to take for food or for ceremonial purposes vegetable matter growing naturally,
on the leased land,
but not permitting:
(f) the Aboriginals referred to in paragraph (a) to erect or use a structure on the leased land that would serve as a permanent shelter for human occupation, other than at the place on the leased land where they ordinarily reside; or
(g) the Aboriginals referred to in paragraph (b) to erect or use such a structure on the leased land.
(3) Where a lease under this Act contains a reservation in favour of the Aboriginal inhabitants of the Territory a person shall not, without just cause, interfere with the full and free exercise, by the persons thereby entitled, of the rights reserved to them.
Penalty: $5,000.
(4) For the purposes of subsection (3) just cause includes reasonable acts taken by or on behalf of a lessee or another person having an interest in a lease to ensure the proper management of the lease for the purposes for which it was granted.