Document ID: chunk:federal_register_of_legislation:C2024C00794:section:19a:p1
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 19A (pt 1/6)
Character Range: 119955–122526

19A  Land Trust may grant headlease over township

Grant of lease
 (1) A Land Trust may grant a lease of a township to an approved entity if:
 (a) the Minister consents, in writing, to the grant of the lease; and
 (b) the Land Council for the area in which the land is situated directs, in writing, the Land Trust to grant the lease; and
 (c) if the approved entity is an Aboriginal and Torres Strait Islander corporation—some or all of an area of land for which the corporation is approved under subsection 3AA(2) falls within the area of the township.
A consent or direction under this subsection is not a legislative instrument.
 (1A) If an approved entity is the Commonwealth or a Commonwealth authority (within the meaning of the Lands Acquisition Act 1989), the Commonwealth or authority is authorised to acquire a lease under this section.

Lease of Jabiru town land
 (1B) The Kakadu Aboriginal Land Trust may grant a lease of the Jabiru town land under this section despite a deed of grant of an estate in fee simple in that land to that Land Trust not having been delivered to that Land Trust. The lease must be expressed to take effect on the date that such a deed of grant is delivered to that Land Trust.
 (1C) The Minister must not give a consent under subsection (1) to the grant of a lease mentioned in subsection (1B) unless the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 is satisfied that the terms and conditions of the lease are consistent with the protection of the world heritage values, and other natural and cultural values, of Kakadu National Park (within the meaning of that Act).

Land Council direction
 (2) A Land Council must not give a direction under subsection (1) for the grant of a lease unless it is satisfied that:
 (a) the traditional Aboriginal owners (if any) of the land understand the nature and purpose of the proposed lease and, as a group, consent to it; and
 (b) any Aboriginal community or group that may be affected by the proposed lease has been consulted and has had adequate opportunity to express its view to the Land Council; and
 (c) the terms and conditions of the proposed lease (except those relating to matters covered by this section) are reasonable.
 (3) If a Land Council, in giving a direction for a grant of a lease, fails to comply with subsection (2), that failure does not invalidate that grant unless the approved entity to whom the grant was made procured the direction of the Land Council by fraud.

Term of lease
 (4) The term of a lease granted under this