Document ID: chunk:federal_register_of_legislation:F2016L00002:schedule:8:p12
Version: federal_register_of_legislation:F2016L00002
Segment Type: schedule
Provision Reference: sch 8 (pt 12/52)
Character Range: 565925–568582

to sell the said property or equipment by private contract to any other person for a pecuniary sum being not less than that specified in the notice in writing given pursuant to paragraph (a) or by public auction.

       (2) In this clause "property or equipment used in the operation of the Park" means property or equipment in such categories as is agreed upon between the Land Council and the Lessee.

Quiet Enjoyment

    11               The Lessee paying the rent hereby reserved and observing and performing the covenants on its part and the conditions contained in this Lease shall during the whole of the term quietly enjoy the Park without any interruption or disturbance by the Lessor or any person claiming by, from under or in trust for the Lessor.

Amendment of Act, etc

       12 (1) Subject to sub-clause 12(4) hereof, the Lessee and the Lessor agree that the enactment of any Act or the making of any regulations (Gunlom lease only): or the coming into operation of a Plan of Management which is or are:

          (i)        inconsistent with this Lease, (and where, in the case of an Act or Regulations, such Act is or regulations are applicable to the Park); and

          (ii)       substantially detrimental to the interests of the Lessor or Relevant Aboriginals as regards the administration, management or control of the Park,

       shall be deemed to be a breach of a fundamental term of this Lease for which this Lease may (subject to sub-clause 12(2)) be terminated on eighteen (18) months notice in writing ("a termination notice") by the Lessor to the Lessee.

           (2) (i) Where the Lessor by notice in writing advises the Lessee of an alleged breach of sub-clause (1) hereof, the parties shall meet in Darwin or such other place as agreed within thirty (30) days of the receipt of the notice by the Lessee ("the thirty (30) day period") to discuss whether there has been a breach of sub-clause (1);

          (ii)       where the Lessor is ready, willing and able to meet with the Lessee but the parties do not meet within the thirty (30) day period due to the wilful neglect failure or refusal by the Lessee, then the said alleged breach shall be deemed to be an actual breach of sub-clause (1), provided however that where the failure to meet is occasioned by the Lessor or by factors beyond the control of the Lessee or the Lessor then the parties shall meet at such other time as is mutually agreed upon but in any event within thirty (30) days of the expiration of the initial thirty (30) day period;

          (iii)     where the parties agree within the thirty (30) day period or any extension thereof that