Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Subject to this section, the Minister may, by notice in the Gazette , invite applications for the right to a lease of any parcel of unleased land and shall specify in the notice:
(a) the date on which the applications close;
(b) the situation and description of the land offered for lease;
(c) the purposes for which the land may be used;
(d) the term of the lease;
(e) in respect of each parcel of land situated within the Darwin Town Area or within a municipality, that the annual rent payable will be 10 cents, if and when demanded by the Minister;
(f) in respect of each parcel of land not situated within the Darwin Town Area or within a municipality:
(i) the annual rent payable; and
(ii) that the successful applicant will be required to pay rent in advance in respect of a period specified in the notice, being a period of not less than one year;
(g) in respect of any improvements on the land:
(i) a description of them;
(ii) the amount payable for them; and
(iii) the period within which, and the terms, including interest, upon which, the successful applicant will be required to pay for them; and
(h) in respect of each parcel:
(i) if the parcel is not within the Darwin Town Area or a municipality, the survey fee, being the survey fee determined by the Minister, and the unimproved capital value of the land, being the unimproved capital value of the land as determined by the Valuer-General; or
(ii) if the parcel is within the Darwin Town Area or a municipality, the reserve price for the right to the lease, being the amount determined by the Minister to be the reserve price for the right to the lease.
(2) Applications shall be made in such form and contain such particulars and be subject to such conditions as the Minister directs.
(3) An applicant for a lease shall, in his application, state:
(a) if the land is not within the Darwin Town Area or a municipality – his estimate of the unimproved capital value of the land; or
(b) if the land is within the Darwin Town Area or a municipality – the amount he offers to pay for the right to a lease of the land.
(4) Other things being equal, the right to a lease shall be offered to the applicant who, under subsection (3):
(a) in the case where the land is not within the Darwin Town Area or a municipality, places the highest estimate of the unimproved capital value of the land; or
(b) in the case where the land is within the Darwin Town Area or a municipality, offers an amount for the right that is higher than the amount so offered for the right by any other applicant.
(5) If 2 or more applicants state the same amount under subsection (3) and are otherwise equally eligible as lessees, the Minister may determine by ballot or otherwise the applicant to whom the right to a lease may be offered.
(6) Notwithstanding subsections (4) and (5), the right to a lease of a parcel of land within the Darwin Town Area or a municipality, shall not be offered to any applicant if the amount offered by him under subsection (3) is less than the reserve price for the right to the lease of that parcel as determined by the Minister and specified by him in the notice inviting applications for the grant of a lease of that parcel.
(7) Where an applicant to whom the right to a lease is offered under this section accepts the offer and pays to the Territory:
(a) if the land is not within the Darwin Town Area or a municipality – the amount by which his estimate of the unimproved capital value of the land exceeds the unimproved capital value of the land specified in the notice referred to in subsection (1); or
(b) if the land is within the Darwin Town Area or a municipality – the amount offered by him under subsection (3),
and, in addition, where the land proposed to be leased is not within the Darwin Town Area or within a municipality, the first year's rent and the survey fee determined by the Minister, he shall be informed in writing that the Minister has approved that the lease be granted to him and shall thereupon obtain the right to the lease.
(8) At any time before the right to a lease of a parcel of land is obtained under this section, the Minister may:
(a) revoke the notice inviting applications for the right to a lease of the parcel; and
(b) invite fresh applications for the right to a lease of the parcel under the same or other conditions.