Document ID: chunk:federal_register_of_legislation:F2016L00002:schedule:8:p15
Version: federal_register_of_legislation:F2016L00002
Segment Type: schedule
Provision Reference: sch 8 (pt 15/52)
Character Range: 573443–576397

Land Council to review the provisions of this Lease excepting the term, and

          (a)      if the Lessor and the Lessee agree upon any variation to this Lease, the Land Council shall direct the Lessor to execute any or all documents necessary or desirable to give full effect to the variation;

          (b)      if the Lessor and the Lessee fail to agree upon any variation to this Lease proposed by either party, the disagreement may, at the option of either party, be referred to arbitration by a barrister or solicitor of ten (10) years standing agreed between the parties or failing agreement, a person nominated by the Chief Justice of the Federal Court of Australia; or if the said Judge fails to nominate an arbitrator within thirty (30) days after having been requested in writing by one of the parties so to do, by an arbitrator nominated by the President for the time being of the Law Council of Australia or its successor;

          (c)       in determining the question of any variation to this Lease, the provisions of the Commercial Arbitration Act (NT) shall apply and the arbitrator shall have regard to the following matters:

            (i)        the preservation and protection of Aboriginal ways of life, culture and tradition;

            (ii)       the interests, proposals, opinions and wishes of the Relevant Aboriginals in relation to the management, use and control of the Park;

            (iii)     the growth and development of Aboriginal social, cultural and economic structures;

            (iv)     freedom of access to the Park by Relevant Aboriginals and their freedom to carry out in the Park rites, ceremonies and other activities in accordance with Aboriginal tradition;

            (v)       the preservation of the natural environment;

            (vi)     the use of the Park for tourist activities; and

            (vii)   the duties, functions and responsibilities of the Lessee in relation to the Park; and

          (d)      not withstanding any of the foregoing, the arbitrator's determination shall:

            (i)        preserve the benefits and the essential rights conferred on the Lessor by this Lease, and

            (ii)       not reduce the payments or the rates of payments payable in accordance with Clauses 7 and 8.

Arbitration

    17               If a dispute arises between the Lessor and the Lessee or between the Land Council and the Lessee in respect of matters to be agreed, formulated, discussed or requested pursuant to the Lease then either party may serve notice upon the other requiring that it submit the dispute to arbitration and thereupon the provisions of paragraph 16(2) (a) to (d) shall apply mutatis mutandis.

Parties to negotiate five years before expiry

    18               The Lessor and the Lessee agree that they will enter into negotiations for the renewal or extension of the term of this Lease not later than five years before its expiration.