New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71AI

71AI Re-negotiation of lease before expiry of lease term

(1) At least 5 years before the expiry of each term of a lease under this Part--

(a) the Secretary, on behalf of the Minister, and

(b) the Aboriginal Land Council or Councils in which the lands are vested, and

(c) the Aboriginal owner board members for the lands concerned,

must consider whether or not any one or more of the provisions of the lease should be amended to enable the lease to operate more effectively.

(2) If it is agreed that a provision does require amendment, the Secretary, the Aboriginal Land Council or Councils and the Aboriginal owner board members must negotiate on and prepare the required amendment at least 2 years before the expiry of the then current term of the lease.

(3) Any amendment prepared in accordance with subsection (2) and agreed to by the Aboriginal Land Council or Councils must be presented to the Minister for approval at least 18 months before the expiry of the then current term of the lease.

(4) If an amendment is approved by the Minister, a new lease must be prepared incorporating the amended provision.

(5) At least 6 months before the expiry of the then current term of the lease, the new lease should, if at all possible, be executed in escrow by the Minister and the Aboriginal Land Council or Councils in which the lands are vested.

(6) A lease executed under subsection (5) takes effect, in substitution for the previous lease between the Minister and the Aboriginal Land Council or Councils, on the expiration of the term of the previous lease.

(7) If the Secretary and the Aboriginal Land Council or Councils agree that no provisions of the lease require amendment, the lease between the parties operates for a further term of 30 years, commencing on the expiration of the current term of the lease, in accordance with its provisions and the requirements of this Part.

(8) The times specified by this section for the consideration of the provisions of the lease, the negotiation and preparation of amendments, the presentation of the amendments to the Minister and the execution of the lease may be varied by the agreement of the parties.