Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Subject to this section, the Minister may offer by auction the right to a lease of any unleased land in respect of which a lease may be granted under section 4.
(2) The Minister shall require the Valuer-General to determine:
(a) the unimproved capital value of each parcel of land the right to a lease of which is offered by auction under this section; and
(b) the value of the improvements, if any, on each such parcel of land.
(3) Bidding at the auction shall be:
(a) if the land is not within the Darwin Town Area or a municipality – by capital sum representing the unimproved capital value of the land; or
(b) if the land is within the Darwin Town Area or a municipality – by capital sum representing the value placed by the bidder on the right to be granted a lease of the land.
(4) At the auction there shall be:
(a) if the land is not within the Darwin Town Area or a municipality – a reserve value, which shall be the amount determined by the Valuer-General to be the unimproved capital value of the land; or
(b) if the land is within the Darwin Town Area or a municipality – a reserve price, which shall be the amount determined by the Minister to be the reserve price for the right to a lease of the land.
(5) The Minister shall cause notice of the auction to be published in the Gazette not less than 30 days or more than 90 days prior to the date of the auction and shall specify in the notice:
(a) the date, time and place of the auction;
(b) the situation and description of the land offered for lease;
(c) the purpose 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 bidder 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 bidder will be required to pay for them; and
(h) in respect of each parcel of land to be offered:
(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 reserve value of the land; or
(ii) if the parcel is within the Darwin Town Area or a municipality – the reserve price for the right to the lease.
(5A) Where such a notice specifies a parcel of land as land the right to a lease of which is to be offered at an auction, the Minister may, at any time before the right to a lease of that parcel of land is offered at that auction, direct that it shall not be offered at that auction; and, if he does so, that right shall not be offered at that auction.
(6) The successful bidder shall, at the time of the auction, pay to the Minister:
(a) if the land is not within the Darwin Town Area or a municipality – a sum representing the difference (if any) between the reserve value of the land and the unimproved capital value of the land as bid by the successful bidder and, in addition, the first year's rent and the survey fee determined by the Minister; or
(b) if the land is within the Darwin Town Area or a municipality – the amount of the bid that made him the successful bidder.
(7) The successful bidder shall be entitled to, and shall accept, sign and seal, a lease of the parcel of land for which he is the successful bidder.
(8) Where the successful bidder has failed to accept, sign and seal, within 3 months after the date of the auction, a lease of the land for which he is the successful bidder, the Minister may, at any time during which the failure continues, by notice in the Gazette , after at least 3 months' notice (given in accordance with the provisions of this section) of his intention so to do, determine the right of the successful bidder to a lease.
(9) The notice of the intention of the Minister to determine the right of the successful bidder to the lease shall be given in writing and signed by the Minister and shall be deemed to have been duly given to the successful bidder if it is delivered to him or sent by registered letter addressed to him at his last known place of abode or his address given by him to the Minister at the auction, or if it is posted in a conspicuous place on the land to which it relates.
(10) Where the notice of intention is sent by registered letter, it shall be deemed to have been received by the successful bidder on the date on which in ordinary course of post it would have been delivered in accordance with the address on the letter.
(11) Where a successful bid has been made by a person purporting to bid as the agent of another person and the secondly mentioned person has not acknowledged to the Minister the authority in that behalf of the person bidding or has not ratified the bid, the notice of the intention of the Minister to determine the right of the successful bidder to the lease may be given in accordance with the provisions of this section as if either of the persons mentioned in this subsection were the successful bidder.
(12) A person whose right to a lease of land has been determined under this section shall not have any claim for compensation in respect of the determination or for the recovery of any rent or other moneys paid to the Commonwealth or the Territory in respect of the land.