Northern Territory Consolidated ActsSCHEDULE 1
Section 5(1)
NITMILUK (KATHERINE GORGE) NATIONAL PARK LEASE
THE NORTHERN TERRITORY OF AUSTRALIA
MEMORANDUM OF LEASE
TABLE OF PROVISIONS
Clause
RECITALS
PART I - RESERVATIONS
1. Reservation of Right of Entry and Inspection
2. Reservation of Traditional Rights to Use and Occupy
3. Reservation of Requirement to Surrender Area for Cultural Centre
PART II - PROVISIONS
4. Commencement
5. Term
6. Financial Arrangements
7. Rent Review
PART III - COVENANTS AND CONDITIONS
8. Lease Conditional upon Act
9. Amendment of Act Constitutes Breach
10. Park to be Managed in Accordance with the Act
11. Lessee's Covenants
12. Quiet Enjoyment
13. Lessee's indemnity
14. Termination
15. Variation
16. Parties to Negotiate 5 Years Before Expiry
17. Training and Employment
18. Funding
19. Staffing
20. Research and Information
21. Disposal of Park Equipment
22. Developments in the Park
23. Service of Notices, &c.
24. Governing Law
25. Northern Territory of Australia, Conservation Commission and Land Council agree to be bound
26. Definitions
THE NORTHERN TERRITORY OF AUSTRALIA
MEMORANDUM OF LEASE
JAWOYN ABORIGINAL LAND TRUST being A Land Trust established pursuant to subsection 4(1) of the Land Rights Act ("the Lessor")
BEING the proprietor of an estate in fee simple in ALL THAT piece or parcel of land in the Northern Territory of Australia containing an area of A square kilometres more or less being Portion B more particularly shown on Compiled Plan C and being all that land described in the Deed of Grant in the Register Book Volume D , Folio E ("the Land")
AND having received written directions from the Land Council pursuant to the provisions of the Land Rights Act, those written directions having been given by the Land Council on its being satisfied that:
A. the traditional Aboriginal owners of the Land understand the nature and purpose of this lease, and as a group, consent to it;
B. the Aboriginal communities and groups which may be affected by this lease have been consulted and have had adequate opportunity to express their views to the Northern Land Council; and
C. the terms and conditions of this lease are reasonable.
HEREBY GRANTS to the CONSERVATION LAND CORPORATION ("the Lessee") care of Conservation Commission, Baywood Building, Mansfield Place, Palmerston, in the Northern Territory of Australia, a lease of that part of the land being the land described in the annexure to this lease and shown and delineated on the plan forming part of that annexure ("the park"),
TO BE HELD by the Lessee for the purpose of the Act and subject to and in accordance with the following encumbrances, reservations, provisions, covenants and conditions:
PART I - RESERVATIONS
Reservation of Right of Entry and Inspection
1. The Lessor reserves a right in favour of the Chairman of the Lessor or any person authorized in writing by the Land Council, at all reasonable times and in any reasonable manner, to enter upon the park or any part of it and to inspect the park and any improvements on the park, subject to such reasonable constraints as may be contained in the plan of management for reasons of safety, security, privacy, or protection of the park.
Reservation of Traditional Rights to Use and Occupy
2. (1) An Aboriginal or group of Aboriginals is entitled to enter upon the park to the extent that that entry, occupation or use is in accordance with Aboriginal tradition governing the rights of that Aboriginal or group of Aboriginals with respect to that land, whether or not those rights are qualified as to place, time, circumstance, purpose, permission or any other factor.
(2) Without limiting the generality of clause 2(1) the Lessor reserves in favour of relevant Aboriginals and groups of relevant Aboriginals the following rights, which shall operate subject to the directions or decisions of the Board with respect to health, safety or privacy,
(a) the right to use any area of the park for hunting or food gathering (otherwise than for purposes of sale);
(b) the right to use any area of the park for ceremonial and religious purposes; and
(c) the right to reside within the park at such locations as may be specified in the plan of management, together with rights of access and residence for their families, employees, staff, invitees and agents.
Reservation of Requirement to Surrender Area for Cultural Centre
3. The Lessor reserves the right subject to clause 11(b) to require the Lessee, upon notice in writing given by the Land Council to the Lessee, to surrender such area of land within the park as is specified in the notice and is reasonably necessary for the purpose of development of an Aboriginal cultural centre.
PART II - PROVISIONS
Commencement
4. The lease shall commence on the date on which it is executed.
Term
5. The lease shall be for a term of ninety nine (99) years.
Financial Arrangements
6. (1) The Commission, on behalf of the Lessee, shall pay to the Land Council on behalf of the Lessor -
(a) an annual rent of $100,000.00 which amount shall be payable in advance; and
(b) 50% of park revenue which amount shall be payable quarterly calculated by reference to the revenue obtained in respect of the previous 3 months.
(2) In this clause "park revenue" includes -
(a) receipts from any fees or charges, for entering, camping on or using the park, or using the services or facilities provided by or on behalf of the Board, imposed pursuant to subsection 21(2)(u) of the Act; and
(b) monies received by the Board, the Lessee or by the Commission or by the Northern Territory, pursuant to the grant of any estate or interest in the park dependent on the Lessee's interest or pursuant to any licence, concession, permit or other authority granted by the Board, the Lessee or the Commission within the park.
Rent Review
7. (1) The annual rent to be paid under clause 6(a) shall be renegotiated in accordance with this clause on the third anniversary of the commencement date and thereafter at three yearly intervals during the term of this lease ("the review dates").
(2) Negotiations for each review referred to in subclause (1) shall be commenced within 3 months before the relevant review date.
(3) If the Lessor and the Lessee fail to agree upon the annual rent to be paid on and from a review date ("the new rent") the disagreement will be referred to arbitration in accordance with the Commercial Arbitration Act of the Northern Territory by a person appointed jointly by the parties, being a person suitably qualified and in a position to deal with the matter impartially.
(4) Subject to subclause (5), the arbitrator shall determine a new rent that is fair and reasonable and that in the arbitrator's opinion should have been negotiated between the parties in commercial arms length negotiations conducted in good faith and shall take into account all relevant factors including but not limited to -
(a) movements in the Consumer Price Index for Darwin (all groups) published by the Australian Bureau of Statistics;
(b) visitation rates and other indicators of park usage; and
(c) park revenue,
but not including capital improvements within the Park or directly associated with the park.
(5) Notwithstanding anything in this clause -
(a) a new rent shall be not less than -
(i) an amount calculated by multiplying the annual rate payable at the commencement of this lease (the "base rental") by the fraction N1/B1 where,
N1 refers to the Consumer Price Index for Darwin (all groups) published by the Australian Bureau of Statistics ("the Bureau") in respect of the quarter immediately preceding the particular review date; and
B1 is the Consumer Price Index for Darwin (all groups) published by the Bureau in respect of the quarter immediately proceeding the commencement of the lease; or
(ii) where there is a change in the basis of assessment of the Consumer Price Index for Darwin (all groups) or if its calculation has been suspended or discontinued, an amount calculated to provide as nearly as practicable the same adjustments as if the Consumer Price Index referred to in subclause (1) has been continued without variation ("Consumer Price Index equivalent") and the determination shall be final and binding upon the parties; and
(b) the Lessee shall not be entitled to any reduction in rent in the event of a decrease in the Consumer Price Index or Consumer Price Index equivalent since the previous review date.
(6) In the event that a new rent has not been agreed or determined in accordance with this clause prior to the date for payment of the new rent, the Lessee shall, in the interim, pay on account of rent an amount equal to the rent paid for the previous year and upon agreement or determination of the new rent the Lessee shall forthwith pay any adjustment required in relation to the new rent.
PART III - COVENANTS AND CONDITIONS
Lease Conditional upon Act
8. This Lease is conditional upon the commencement of the Act.
Amendment of Act Constitutes Breach
9. (1) The Lessor and Lessee agree that the enactment of any amendment to the Act, or the enactment of any Act or the making of any regulations inconsistent with this lease, where such Act is or such regulations are applicable to the park and substantially detrimental to the interests of the lessor or relevant Aboriginals as regards the administration, management or control of the park shall be deemed to be a breach of this lease for which the lease, on one hundred and eighty (180) days notice in writing given by the Lessor to the Lessee, may be terminated.
(2) Where a notice is given as provided in clause 9(1) the Lessor and representatives of the Land Council, and the Lessee and representatives of the Commission shall within the period of notice, enter into bona fide negotiations with a view to the grant of a new lease.
(3) Where, within twenty eight (28) days after the enactment of any Act or the making of any regulations as referred to in clause 9(1), a notice is not given as provided in that subclause, then the Lessor, representatives of the Land Council and the Lessee shall meet to discuss whether to vary any provisions of this lease including the rent.
Park to be Managed in Accordance with the Act
10. (1) The park shall be subject to administration, management and control in accordance with the Act and with the plan of management that is and by laws that are from time to time in force in relation to the park pursuant to the Act.
(2) The Lessee and the Commission, to the extent of their respective powers and functions shall use their best endeavours to ensure that the flora, fauna, cultural heritage and natural environment of the park shall be preserved, managed and maintained according to the best comparable management practices established for national parks anywhere in the world.
Lessee's Covenants
11. The Lessee and the Commission, to the extent of their respective powers and functions, covenant -
(a) to take all practicable steps to ensure compliance by all persons with the Act, regulations under the Act, this lease and the plan of management;
(b) not to transfer, assign, sublet or part with the possession of the park, or any part of the park without the consent in writing of the Lessor and except in accordance with the plan of management;
(c) to pay the Land Council's and the Land Trust's reasonable costs of and incidental to the preparation, execution, registration and stamping of this lease agreed and assessed at $30,000.00, and in addition, to pay all registration fees and stamp duty payable in connection with this lease;
(d) to pay all rates and taxes which may at any time become due in respect of the park;
(e) to carry all of the risk as self-insurer in respect of the timely reinstatement to full value of any of the improvements in the park which may be damaged or destroyed without the consent of the Lessor, being improvements existing at the date of the commencement of this lease and such other improvements as may be made, except such improvements in respect of which there exists a contract of insurance insuring the risk to the extent of liability imposed upon the Lessee under paragraph (c);
(f) to carry all of the risk as self-insurer as occupier of the park as regards any liability to any third person;
(g) as far as is practicable, to make good any damage to the park (other than improvements) being damage caused by the Lessee or by the Commission or by their respective servants, agents or invitees except where the damage to the park was occasioned with the consent of the Lessor or of the Board;
(h) to comply with all Acts, regulations and other laws otherwise applicable to the park;
(i) to have regard in the performance of their respective functions in relation to the park, to such priorities in allocating financial and other resources as are provided in the plan of management or determined from time to time by the Board;
(j) to promote and protect the interests of relevant Aboriginals as a group;
(k) to promote the protection of sacred sites and other areas and things of significance to relevant Aboriginals;
(l) to encourage the maintenance of the Aboriginal tradition of relevant Aboriginals;
(m) to take all practicable steps to promote Aboriginal involvement in the administration, management and control of the park;
(n) subject to the plan of management, to engage as many relevant Aboriginals as is practicable to provide services in and in relation to the park;
(o) to utilize without limiting the generality of the foregoing the traditional skills of Aboriginal individuals and groups in the management of the park;
(p) subject to the plan of management, to encourage Aboriginal business and commercial initiatives and enterprises within the park;
(q) to regularly consult and liaise with the Jawoyn Association or with such agents or representatives of the Jawoyn traditional Aboriginal owners as may be nominated by the Jawoyn Association, in connection with the control and management of the park;
(r) to consult with and have regard to the views of the Jawoyn Association or such agents or representatives of the Jawoyn traditional Aboriginal owners as may be nominated by the Jawoyn Association in respect of the formulation of any educational and interpretive policy in relation to the park;
(s) as far as practicable and subject to the plan of management, to provide such capital equipment and machinery as is reasonably required for the adequate maintenance of roads and all other facilities and improvements constructed by or on behalf of the Board or the Commission;
(t) after consultation with and having regard to the views of the Jawoyn Association and such agents or representatives of the Jawoyn traditional Aboriginal owners as may be nominated by the Jawoyn Association, and subject to the plan of management, to implement a licencing and induction scheme for tour operators and other persons carrying on commercial activities in the park;
(u) subject to the plan of management and the Act, to use their best endeavours to collect fees or charges, if and when imposed for entering and camping on the park, or using the services or facilities provided by or on behalf of the Board and to ensure such fees and charges are properly accounted for on an audited basis;
(v) subject to the plan of management, to permit an officer or officers of the Land Council to enter and move freely in the park for the purpose of performing on behalf of the Land Council the statutory powers or functions of the Land Council; and
(w) to use their best endeavours to promote among visitors to the park and residents of Katherine a knowledge and understanding of and respect for the traditional languages, culture, customs and skills of relevant Aboriginals and to arrange for appropriate instruction in connection with such matters to be given, to the extent that it is reasonably practicable, by Aboriginals engaged for the purpose.
Quiet Enjoyment
12. The Lessee paying the rent hereby reserved and observing and performing the covenants on its part and the conditions contained in this lease, subject to this lease, shall during the whole of the term quietly enjoy the park without any interruption or disturbance by the Lessor or any person claiming by, from, under or in trust for the Lessor.
Lessee's Indemnity
13. The Lessee and the Commission shall indemnify the Lessor, its servants, agents or invitees (to the extent that the Lessor, its servants, agents or invitees is not or are not negligent) against all actions and claims whatsoever that may be brought, made or prosecuted against the Lessor, its servants, agents or invitees in respect of any action or claim arising out of any action or omission (whether negligent or otherwise) of the Lessee, its servants, agents or invitees in or in relation to the park.
Termination
14. The lease may be terminated -
(a) in writing at any time with the agreement of both the Lessor and the Lessee; or
(b) pursuant to clause 9,
but not otherwise.
Variation
15. (1) The Lessor and the Lessee may from time to time by agreement in writing add to, substitute for, cancel or vary any of the provisions of this lease.
(2) The Lessee shall at least once every five (5) years meet with the representatives of the Lessor and the Land Council to review the provisions of the lease excepting the term, and if the Lessor and the Lessee agree upon any variation of the lease, the Land Council shall direct the Lessor to execute any or all documents necessary or desirable to give full effect to the variation.
Parties to Negotiate 5 years Before Expiry
16. The Lessor and the Lessee agree that they will negotiate for the renewal or extension of the term of this lease not later than five (5) years before it expires.
Training and Employment
17. The Lessee and the Commission agree subject to decisions of the Board:
(a) to implement an Aboriginal training programme the broad objectives of which are agreed with the Jawoyn Association or such agents or representatives of the Jawoyn traditional Aboriginal owners as may be nominated by the Jawoyn Association, comprising training in skills relevant to the administration, planning, management and control of the park;
(b) to employ persons in the park in appropriate positions having regard to qualifications acquired in participation in the Aboriginal training programme;
(c) to employ training officers in the park wherever necessary, and to give due consideration in the employment of such officers to suitably qualified Aboriginal persons having regard to the objective of the parties to maximize Aboriginal employment in the park;
(d) to provide appropriate and reasonable resources (including staff, training facilities and accommodation) for Aboriginal trainees;
(e) in the Aboriginal training programme and in the management of the park to emphasise Jawoyn social and cultural values and land management practices;
(f) to take all practicable steps to make provision for traditional obligations in determining working hours and conditions;
(g) to give preference to Aboriginal people, companies and organizations when issuing leases, licences, contracts, or making available casual or temporary employment subject to any law in force in the Northern Territory;
(h) notwithstanding any other paragraph of this clause but subject to the Board being satisfied that it is attainable, the Commission shall within five (5) years of the commencement of this lease employ Aboriginal people in at least 25% of positions in the park; and
(i) to actively seek to achieve that at the earliest practicable opportunity during the term of this lease the majority of permanent employment positions in the park are held by suitably qualified Aboriginals.
Funding
18. (1) Subject to the Act the Commission shall from moneys lawfully available to the Commission pay to the Board such moneys as are reasonably required for the administration of the Board and, for the payment of any expenses incurred by members of the Board in the performance of their duties ("the administrative costs of the Board").
(2) This clause does not have operation to the extent that the administrative costs of the Board are met from another source or sources, including an appropriation by the Northern Territory.
Staffing
19. (1) The Lessee and the Commission will at all times use their best endeavours to maintain staff within the park at the level and designations of staff requirements provided for in the plan of management.
(2) The Lessee and the Commission agree to consult with and have regard to the views of the Jawoyn Association, or such agents or representatives of the Jawoyn traditional Aboriginal owners as may be nominated by the Jawoyn Association, concerning the procedures for and the selection and appointment of any permanent staff where the duties and functions of such staff will involve substantial involvement with day to day administration, management or control of the park and in particular shall include a person nominated by the Jawoyn Association on any selection panel appointed in relation to such appointments.
(3) Notwithstanding clause 19(2) employment of all persons having day to day responsibility in the administration and management of the park shall be subject to the approval of the Board.
(4) The Commission agrees to ensure that from time to time (but no later than six (6) months after commencement of duties of any member of the park staff) each member of the park staff involved in administration, planning, management and control of the park attends a cross-cultural course the broad objectives of which are agreed with the Jawoyn Association or such agents or representatives of the Jawoyn traditional Aboriginal owners as may be nominated by the Jawoyn Association.
Research and Information
20. (1) The Lessee and the Commission agree to permit and direct persons from time to time chosen by the Commission, after consultation with the Jawoyn Association or such agents or representatives of the Jawoyn traditional Aboriginal owners as may be nominated by the Jawoyn Association, being persons employed by the Commission or under its authority, to assist the Jawoyn Association or such agent or representative of the Jawoyn traditional Aboriginal owners as may be nominated by the Jawoyn Association in respect of any reasonable programme involving the identification and recording of Aboriginal sacred sites within the park.
(2) The Commission shall provide reasonable equipment and facilities for persons who are in accordance with subclause (1) permitted and directed to assist in the identification and recording of Aboriginal sacred sites within the park.
(3) The Lessee and the Commission agree to make available to the Chairman of the Jawoyn Association, or any person authorized in writing by the Jawoyn Association, access to all information relating to the park including research reports sponsored, procured or supported by the Lessee or the Commission that is in the possession of the Lessee or the Commission other than information that would be privileged from production in litigation and information the disclosure of which would, in the opinion of the Lessee, involve an unreasonable invasion of the privacy of an individual.
Disposal of Park Equipment
21. (1) Subject to any lawful obligation imposed upon the Lessee by a Law of the Northern Territory, if at any time during the term hereof the Lessee is desirous of disposing of its interest in any property or equipment of the Lessee used in the operation of the park, the Lessee shall give to the Lessor for the benefit of the Lessor, the Land Council or its nominee, any relevant Aboriginal association and any other incorporated body the membership of which is limited to relevant Aboriginals or groups of relevant Aboriginals (in this clause referred to as the "permitted Aboriginal purchaser") the right of the first refusal to purchase the said property or equipment or any part thereof subject to the following terms and conditions -
(a) the Lessee shall give notice in writing to the Land Council of the Lessee's intention to dispose of any such property or equipment. The notice shall constitute an offer by the Lessee to sell any such property or equipment to a permitted Aboriginal purchaser for the purchase of the Lessee's interest therein, which consideration shall not impose any more onerous obligation or duty upon the permitted Aboriginal purchaser or require the permitted Aboriginal purchaser to pay any greater pecuniary sum than the Lessee would impose upon or require from a purchaser other than a permitted Aboriginal purchaser;
(b) within twenty eight (28) days after giving of the notice a permitted Aboriginal purchaser may give notice in writing to the Lessee of acceptance or rejection of the Lessee's offer to sell;
(c) in the event of the giving of a notice of acceptance there shall be deemed to be a binding contract for sale by the Lessee and purchase by the permitted Aboriginal purchaser of the Lessee's interest in the said property or equipment for the consideration stated in the Lessee's notice;
(d) the purchase price shall be paid within twenty eight (28) days from the date on which the notice of acceptance is given to the Lessee or within such other period or upon such terms as may be agreed between the parties to the contract for sale; and
(e) in the event that a notice of acceptance is not given, the Lessee shall then be at liberty to sell the said property or equipment by private contract to any other person for a sum being not less than that specified in the notice in writing given pursuant to clause 21(1)(a) or by public auction.
(2) In this clause "Lessee" means the Lessee or the Commission, as the case may be.
Developments in the Park
22. (1) Subject to decisions of the Board the Lessor and the Lessee agree that the Commission and the Jawoyn Association or such agents or representatives of the Jawoyn traditional Aboriginal owners as may be nominated by the Jawoyn Association shall meet from time to time to formulate written policy in respect of environmental evaluation of proposed developments in the Park.
(2) A proposed development shall not take place except in accordance with the policy formulated under this clause.
Service of Notices, &c.
23. (1) Any notice, request, consent, approval or other communication (in this clause called a "communication") to be given under this lease shall be in writing addressed as follows -
If to the Lessor -
Jawoyn Aboriginal Land Trust
C/- Northern Land Council
47 Stuart Highway
STUART PARK NT 0820
Telex: NLC AA85042
Facsimile: (089) 816-899
If to the Lessee -
Conservation Land Corporation
C/- Conservation Commission of the N.T.
P.O. Box 496
PALMERSTON NT 0831
Telex: AA81191
Facsimile:
If to the Commission -
Conservation Commission of the N.T.
Bayward Building
Mansfield Place
PALMERSTON NT 0831
Telex:
Facsimile:
If to the Northern Territory of Australia -
Minister for Conservation
Chan Building
Mitchell Street
DARWIN NT 0800
Telex: AA85253
Facsimile:
If to the Northern Land Council -
Chairman
Northern Land Council
47 Stuart Highway
STUART PARK NT 0820
Telex: NLC AA85042
Facsimile: (089) 816-899
If to the Board -
As notified in writing by the Board,
If to the Jawoyn Association -
As notified in writing by the Jawoyn Association, or to such other address as the relevant party or body may nominate by notice to each other party or body.
(2) Each communication shall be delivered by hand, or mailed by pre-paid registered post, or sent by telex, telegram or facsimile transmission, to the address of the party or body to which it is being given and shall be deemed to have given -
(a) if received before 4.00 pm on a business day - when it is received; and
(b) if received at any other time - on the business day next following the day of receipt.
Governing Law
24. (1) This lease shall be governed by and construed in accordance with the laws in force in the Northern Territory of Australia.
(2) The parties agree that, except as provided in clause 7, the Commercial Arbitration Act does not apply to this lease and that this lease (except for clause 7) is not an arbitration agreement for the purposes of that Act.
Northern Territory of Australia, Conservation Commission and Land Council agree to be bound
25. The Northern Territory of Australia, the Commission and the Land Council agree to be bound by the terms of this lease.
Definitions
(1) In this lease and in the recitals -
"Aboriginal" means a person who is a member of the Aboriginal race of Australia;
"Aboriginal tradition" has the same meaning as in the Land Rights Act;
"the Act" means the Nitmiluk (Katherine Gorge) National Park Act ;
"the Board" means the Nitmiluk National Park Board established by section 9 of the Act;
"Commission" means the Conservation Commission of the Northern Territory established by the Conservation Commission Act ;
"Jawoyn Association" means the Jawoyn Association Aboriginal Corporation;
"Land Council" means the Northern Land Council, or if the boundaries of the Northern Land Council are varied so as to exclude the park from its area, then the Land Council for the area of the park established under the Land Rights Act;
"Land Rights Act" means the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth;
"Land Trust" means an Aboriginal Land Trust constituted under section 4 of the Land Rights Act;
"person" includes a body corporate and any other entity recognized by law;
"plan of management" means the plan of management for the park prepared in accordance with the Act as in force from time to time;
"relevant Aboriginals" means all the traditional Aboriginal owners of the park and the Aboriginals entitled to enter upon or use or occupy the park in accordance with Aboriginal tradition governing the rights of that Aboriginal or group of Aboriginals with respect to the park whether or not those rights are qualified as to place, time, circumstances, purpose, permission or any other factor and the Aboriginals permitted by them to reside in the park;
"relevant Aboriginal Association" means the Jawoyn Association and any other incorporated Aboriginal Association or group whose members are relevant Aboriginals;
"sacred sites" has the same meaning as in the Land Rights Act; and
"traditional Aboriginal owner" has the same meaning as in the Land Rights Act.
(2) Unless the contrary intention appears this lease shall be interpreted in accordance with the provisions of the Interpretation Act of the Northern Territory where applicable, as if this lease were an Act.
____________________________
MEMORANDUM OF ENCUMBRANCES
Nil.
IN WITNESS the parties have executed this lease on this day of 1989.
The CONSERVATION LAND CORPORATION accepts this lease subject to the reservations, provisions, covenants and conditions set out above.
The Common Seal of the )
CONSERVATION LAND CORPORATION )
was affixed by authority of a )
resolution of the Corporation in )
the presence of: )
....................………………………….
....................………………………….
The Common Seal of the JAWOYN )
ABORIGINAL LAND TRUST was )
affixed to this lease by the )
authority of the Chairman and )
2 members of the JAWOYN )
ABORIGINAL LAND TRUST in the )
presence of: )
....................………………………..
Chairman
....................……………………….
Member
....................………………………
Member
....................………………………
The Common Seal of the )
NORTHERN LAND COUNCIL was )
affixed to this lease by the )
authority of a resolution of )
the Land Council in the )
presence of: )
...................……………………..
Chairman
..................……………………..
Member
.........……………………...........
Member
The Common Seal of the )
CONSERVATION COMMISSION was )
affixed to this lease by )
authority of a resolution of )
the Commission in the )
presence of: )
...…………………....................
SIGNED, SEALED AND DELIVERED this day of 1989 by the Minister for Conservation, in witness of the agreement of the Northern Territory of Australia to be bound by this lease.
...…………………..................….
Minister for Conservation
The Common Seal of )
the JAWOYN ASSOCIATION )
ABORIGINAL CORPORATION was )
affixed to this lease by )
authority of a resolution )
of the Association in the )
presence of: )
...…………………....................
...…………………....................
____________________________
Annexure
____________________________
ALL THOSE parcels of land around Katherine Gorge National Park in the Northern Territory of Australia
FIRSTLY commencing at the southwestern corner of Northern Territory Portion 3470; thence easterly by the southern boundary of that Portion to the western boundary of Pastoral Lease 705 (Eva Valley); thence southerly, westerly, generally southerly and easterly by western, northern, western and southerly boundaries of that Pastoral Lease to its intersection with the meridian of East Longitude 132 degrees 46 minutes 50 seconds; thence south to the parallel of South Latitude 14 degrees 22 minutes 40 seconds; thence southwesterly to the intersection of the meridian of East Longitude 132 degrees 45 minutes 45 seconds with the parallel of South Latitude 14 degrees 24 minutes 20 seconds; thence west to meridian of East Longitude 132 degrees 34 minutes 15 seconds; thence south to the parallel of South Latitude 14 degrees 25 minutes; thence west to the meridian of East Longitude 132 degrees 30 minutes; thence north to the parallel of South Latitude 14 degrees 24 minutes; thence northwesterly to the intersection of the parallel of South Latitude 14 degrees 23 minutes 30 seconds with the meridian of East Longitude 132 degrees 29 minutes 30 seconds; thence north to a southern boundary of Northern Territory Portion 781 (Katherine Gorge National Park); thence westerly and northwesterly by southern and southwestern boundaries of that Portion to its intersection with the right bank of the Katherine River; thence generally southerly and westerly by that right bank to its intersection with the meridian of East Longitude 132 degrees 23 minutes; thence north to the parallel of South Latitude 14 degrees 15 minutes; thence westerly to the intersection of the meridian of East Longitude 132 degrees 15 minutes with the parallel of South Latitude 14 degrees 13 minutes 40 seconds; thence west to an eastern boundary of Northern Territory Portion 3469; thence northerly and northeasterly by eastern and southeastern boundaries of that Portion to the point of commencement.
( See hard copy for plan of annexure )
____________________________