Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_19a:p1
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 19A (pt 1/2)
Character Range: 40761–43308

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.
A consent or direction under this subsection is not a legislative instrument.

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) Subject to subsection (5), the term of a lease granted under this section is 99 years.

 (5) If, before the end of the 69th year of the term of a lease (the original lease) granted under this section, a Land Trust grants another lease under this section to the same approved entity covering the area of land concerned (whether or not the other lease also covers other land), the original lease ends at the time the other lease takes effect.

 (6) A lease granted under this section must not make provision for the lessee to make a payment to a person other than the lessor.

Transfer of lease

 (8) A lease granted under this section must not be transferred, except to another approved entity with the written approval of the Minister. An approval is not a legislative instrument.

Lease not to be used as security

 (9) A lease granted under this section must not be used as security for a borrowing.

Preserving any existing right, title or other interest

 (10) Any right, title or other interest in land the subject of a lease granted under this section that existed immediately before the time the lease takes effect is preserved as a right, title or interest in that land after that time.

 (11) If that right, title or other interest was