Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p147
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 418675–421570

hundred and eighty (180) days after the trigger date, a termination notice is not issued as provided in sub-clause 16.2 then the Director and representatives of the Council shall meet to discuss whether to vary any provisions of the Lease including the rent, but not including the term.

    Clauses 20 and 21 shall not apply to any negotiations entered into under sub-clause 16.3.

       (a)      Where the Act or regulations giving rise to a termination notice is amended prior to termination of the Lease so as to no longer offend against sub-clause 16.1, the said termination notice shall immediately upon commencement of the amending Act or regulation, cease to have any force or effect.

       (b)      Where the parties fail to agree that the amended Act or regulations no longer offend against sub-clause 16.1 the disagreement will upon notice by either party be referred to arbitration pursuant to the provisions of the Lease.

       (c)       Time shall not run with respect to termination notice from the date of the notice referred to in paragraph 16.6(b) until the date of the finding by the arbitrator.

    Without limiting the generality of the meaning of the term "prejudicial to the rights of the Council or the Community in a material respect as regards the ownership, occupation, use, administration, management or control of the Park" an actual or proposed transfer, assignment sublease or parting with possession of the Park or any part of the Park by the Director without the consent in writing of the Council shall at all times be prejudicial to the rights of the Council and the Community in a material respect as regards the ownership, occupation, use, administration, management or control of the Park.

    17.             PARK TO BE MANAGED IN ACCORDANCE WITH THE ACT

    17.1         The Council and the Director agree that notwithstanding any other provisions of the Lease the administration, management and control of the Park and the performance of the Director's obligations pursuant to the Lease shall be subject to and in accordance with the EPBC Act, the Regulations, the Management Plan, any other Act or Regulations applying to the Park or by which the Director is bound.

    17.2         The Director covenants that he will promote the use of Aboriginal traditional land management practices in the management of the Park to the extent that such practices are not inconsistent with the Director's obligations under sub-clause 17.3.

    17.3         The Director further covenants 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 and botanical gardens anywhere in the world or where no comparable management practices exist, to the highest standards practicable.

    18.             DIRECTOR