Document ID: chunk:federal_register_of_legislation:F2016L00002:schedule:8:p3
Version: federal_register_of_legislation:F2016L00002
Segment Type: schedule
Provision Reference: sch 8 (pt 3/52)
Character Range: 542865–545611

and as a group, consent to it;

      2. the Aboriginal communities and groups which may be affected by this Lease have been consulted and have had adequate opportunity to express their views to the Land Council; and

      3. the terms and conditions of this Lease are reasonable,

HEREBY GRANTS a lease of the said Part of NT Portion 1662 / 2374, 2375 & 2376 / 4774 to the DIRECTOR OF NATIONAL PARKS & WILDLIFE ("the Lessee"), a corporation established by the National Parks and Wildlife Conservation Act 1975 ("the Act") to be held by the Lessee for the purposes of the Act, subject to and in accordance with the following reservations, provisions, covenants and conditions.

PART 1 – RESERVATIONS

Reservation of Right of Entry and Inspection

    1                    The Lessor reserves a right in favour of the Chairman of the Land Council or any person authorised in writing by the Land Council, at all reasonable times and in any reasonable manner, to enter upon the Park or any part of it and to inspect the Park and any improvements on the Park.

Reservations of Traditional Rights to Use and Occupy

       2                    (1) An Aboriginal or group of Aboriginals is entitled to enter upon the Park and use or occupy the Park to the extent that that entry occupation or use is in accordance with Aboriginal tradition governing the rights of that Aboriginal or group of Aboriginals with respect to that land, whether or not those rights are qualified as to place, time, circumstances, purpose, permission or any other factor.

       (2) Without limiting the generality of sub-clause 2 (1 ) the Lessor reserves in favour of Relevant Aboriginals and groups of Relevant Aboriginals the following rights, which shall operate subject to the directions or decisions of the Board with respect to health, safety or privacy –

          (a)      the right to continue, in accordance with law, the traditional use of any area of the Park for hunting or food gathering (otherwise than for purposes of sale);

          (b)      the right to continue the traditional use of any area of the Park for ceremonial and religious purposes; and

          (c)       subject also to such reasonable constraints as may be contained in the plan of Management for reasons of safety, security, privacy or protection of the Park, the right to reside within the Park at such places at which such Aboriginals are residing at the commencement of this Lease and at such other locations as may be 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