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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71AE
Rent payable under lease
71AE Rent payable under lease
(1) The Minister is to pay rent under any lease entered into with an
Aboriginal Land Council or Councils under this Part.
(2) All rent payable by
virtue of this section is payable out of the Consolidated Fund, which, to the
necessary extent, is appropriated accordingly.
(3) The rent is to be an
amount, negotiated by the parties or otherwise fixed in accordance with this
section, that compensates the Aboriginal Land Council or Councils for the fact
that it or they do not have the full use and enjoyment of the lands the
subject of the lease.
(4) In negotiating the rent, the parties are to have
regard to the following matters-- (a) the nature, size and location of the
lands concerned and the nature of the infrastructure and improvements, if any,
on the lands,
(b) the nature of the ownership rights in the lands that the
Aboriginal Land Council or Councils possess,
(c) the provisions of this Act
and the lease relating to the lands,
(d) the extent to which the cultural
significance of the lands to Aboriginal persons restricts the use that may be
made of the lands under the lease,
(e) the arrangements contained in this Act
and the lease for the care, control, management and development of the lands,
(f) the amount of rent payable under leases of lands adjoining or in the
vicinity of the lands the subject of the lease,
(g) the amounts realised on
recent sales of freehold or leasehold land adjoining or in the vicinity of the
lands the subject of the lease.
(5) If the parties are unable to agree on the
rent to be paid, the matter is to be referred to a mediator, experienced in
valuation matters, selected by, and acceptable to, the Minister and the
Aboriginal Land Council or Councils.
(6) The regulations may make provision
for and with respect to the mediation of a matter under this section including
the remuneration of mediators and the exoneration of mediators from liability.
(7) If the mediator is unable to resolve the matter within a reasonable
period, the Minister may request the Valuer-General to fix the rent to be
paid.
(8) The Valuer-General, in fixing the rent, is to have regard to the
matters referred to in subsection (4) and any other matters that the
Valuer-General notifies to the parties and considers to be relevant. The
decision of the Valuer-General as to the rent is final.
(9) The rent is
payable by the Minister, on annual rests, to the credit of the separate
account in the Fund referred to in section 138 (1B) for payment out in
accordance with section 139 (5).
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