Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p139
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 397983–400734

Lease shall commence, or be deemed to have commenced, on the 11th day of October 2003.

    6.                 TERM

    6.1             The lease shall be for a term of ninety one (91) years expiring on 10 October 2094.

    7.                 RENT

    7.1             The Director shall pay to the Council in advance each year an annual rent. The annual rent for the period commencing on 11 October 2003 and ending on 10 October 2004 will be $215,758-21

    AND THE DIRECTOR SHALL FURTHER PAY to the Council;

       (a)      an amount equal to 25% of receipts from any charges imposed under section 356A of the EPBC Act, or rents received from sub-lessees, such amounts to be paid quarterly calculated by reference to receipts of the previous quarter.

       (b)      an amount equal to 25% of receipts of any charge, penalty, fee, fine or impost received by the Director or the Commonwealth of Australia arising out of the operation of the provisions of the EPBC Act or the Regulations made thereunder in respect of commercial activities undertaken within the Park to be paid annually in arrears and calculated by reference to receipts of the previous year.

    7.2             Not withstanding any term or provision of the Lease to the contrary nothing in this clause extends to any charge, penalty, fee, fine, or impost received by the Director or the Commonwealth of Australia and arising out of the operation of the provisions of the EPBC Act or the Regulations made thereunder other than the charges, penalties, fees, fines or imposts referred to in sub-clause 7.1.

    7A.            GOODS AND SERVICES TAX

    7A.1        For the purposes of clause 7:

        'GST Act' means A New Tax System (Goods and Services Tax) Act I999.

        'GST' and 'taxable supply' have the meanings given to those terms in the GST Act.

        'related taxable supply' means any taxable supply to the Lessor incorporated in a taxable supply by the Lessor to the Lessee pursuant to this lease for which the Lessor seeks direct reimbursement from the Lessee.

    Subject to sub-clause 7A.3, if GST applies to this lease because it is a taxable supply, the rent and any other moneys payable under this lease by the Lessee to the Land Council ('the lease amounts') will be increased by the amount of GST payable on the lease amounts as if the lease amounts represent the value of the taxable supply for the purposes of the GST Act.

    Before calculating an increase under sub-clause 7A.2 the following amounts must be deducted from the lease amounts:

        (a)         an amount (if any) which is equivalent to the benefit of any reduction in or the removal of taxes, duties or charges which impact upon the costs to the Lessor and Land Council in