Document ID: chunk:federal_register_of_legislation:F2016L00002:schedule:8:p4
Version: federal_register_of_legislation:F2016L00002
Segment Type: schedule
Provision Reference: sch 8 (pt 4/52)
Character Range: 545351–548109

specified in the Plan of Management, together with rights of access and residence for their families, employees, staff, invitees and agents.
Reservation of requirements to sublet part of the Park

  3         The Lessor reserves the right to require the Lessee to sub-let any reasonable part of the Park with the consent of the Lessee, which consent shall not be unreasonably or capriciously withheld, as requested in writing by the Board to the Lessor in accordance with the Act and the Land Rights Act and the Plan of Management.

PART II – PROVISIONS

Commencement

  4         This lease shall commence on the 1st day of January 1991 (Kakadu & Jabiluka) / 14th day of January 1996 (Gunlom).

Determination and surrender of former lease (Kakadu lease only)

  5         The Former Lease is hereby determined and the Lessor and the Lessee agree to take all steps and do all things necessary to surrender the Former Lease.

    (Jabiluka lease only - there is no clause 5)

Native Title

    5                    (Gunlom lease only) 5. Nothing in this Lease shall be construed so as to affect or derogate from in any way any native title, Aboriginal or other rights, privileges or freedom of any Relevant Aboriginals or any of them or any other person that may subsist in the Park regardless of whether such rights, privileges and freedom are recognised, established or defined before or after the execution of this Lease.

Term

    6                    This Lease shall expire on the 31st day of December, two thousand and seventy eight (2078).

Financial Arrangements

       7                    (1) The Lessee shall pay to the Land Council on behalf of the Lessor an annual rent of $175,701 (Kakadu) / $1 (Jabiluka) / $98,000 (Gunlom) payable in advance and shall further pay to the Land Council on behalf of the Lessor:

          (a)      an amount equal to 25% (Kakadu) / 0 (Jabiluka) / 13.8% (Gunlom) of receipts from any entrance and camping fees and other charges imposed in pursuance of sub-section 17(1A) of the Act, such amounts to be paid quarterly calculated by reference to receipts of the previous quarter.

          (b)      an amount equal to 25% (Kakadu) / 0 (Jabiluka) / 13.8% (Gunlom) of receipts in respect of any charge, penalty, fee, fine or impost received by the Lessee or the Commonwealth of Australia arising out of the operation of the provisions of the Act or the Regulations made thereunder in respect of commercial activities undertaken within the Park in excess of the sum of Thirty Thousand Dollars ($30,000) ("the threshold amount") to be paid annually in arrears and calculated by reference to receipts of the previous year.

       (2) The Lessee shall pay to the Land Council on behalf of the Lessor an amount equal