Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p138
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 395353–398257

The Council reserves a right in favour of the Chairman of the Council and any person authorised in writing by the Council after reasonable notice and at all reasonable times, to enter upon the Park or any part of it and to inspect the Park and any improvements on the Park subject to such reasonable constraints as may be contained in the Management Plan for reasons of safety, security, privacy or protection of the Park.

    3.                 THE COMMUNITY'S RIGHT TO USE & OCCUPY

    3.1             The Council reserves in favour of the Community the following rights:

       (a)      the right to enter upon the Park and use or occupy the Park to the extent that entry, occupation or use is in accordance with the Aboriginal tradition of the Community governing the rights of Community members with respect to the Park, whether or not those rights are qualified as to place, time, circumstances, purpose, permission or any other factor;

       (b)      the rights 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);

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

       (d)      the right to reside within the Park at such locations specified in the Management Plan together with rights of access and residence for their employees, staff, invitees and agents.

    3.2             The reservations in sub-clause 3.1 are subject to:

       (a)      the prior approval of the Council;

       (b)      such reasonable constraints as may be contained in the Management Plan; and

       (c)       directions or decisions of the Board of Management with respect to health, safety, privacy or protection of the Park.

    4.                 SUBLETTING AND LICENCES

    4.1             The Council reserves the right to request the Director to sublet or grant a licence to occupy any reasonable part of the Park to a Community member.

    4.2             Provided a request for a sublease or licence by a Community member is made by the Council on behalf of the Community member the Director shall not unreasonably or capriciously refuse to grant such sublease or licence to the Community member where it is in accordance with the Act and the Management Plan.

    4.3             The Director shall not grant a sublease or licence to any Community member unless the request for such sublease or licence is made by the Council on behalf of the person.

PART II - LEASE PROVISIONS

    5.                 COMMENCEMENT

    5.1             The 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