Document ID: chunk:federal_register_of_legislation:F2016L00002:schedule:8:p13
Version: federal_register_of_legislation:F2016L00002
Segment Type: schedule
Provision Reference: sch 8 (pt 13/52)
Character Range: 568344–571060

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 the said alleged breach is an actual breach, there shall be deemed to be an actual breach of sub-clause(1);

          (iv)     where the parties meet but do not agree within the thirty (30) day period or any extension thereof that the said alleged breach is an actual breach the question of whether the said alleged breach is an actual breach shall be referred to arbitration pursuant to clause 17; 201.

          (v)       if there is deemed to be an actual breach or if an arbitrator finds that there is an actual breach, the Lessor may as from the date of the deeming or the finding (as the case may be) ("the trigger date") issue a termination notice.

       (3) Where a termination notice is issued, representatives of the Land Council and the Lessee shall as soon as possible within the period of the notice, meet and enter into bona fide negotiations with a view to the grant of a new lease.

       (4) Where, within one hundred and eighty (180) days after the trigger date, a termination notice is not issued as provided in sub-clause 12(2) then the Lessor, representatives of the Land Council and the Lessee shall meet to discuss whether to vary any provisions of this Lease including the rent, but not including the term.

       (5) Clauses 16 and 17 shall not apply to any negotiations entered into under sub-clause 12(3).

          (6) (i) Where the Act or regulations giving rise to a termination notice is amended prior to termination of this Lease so as to no longer offend against sub-clause 12(1), the said termination notice shall immediately upon commencement of the amending Act or regulation, cease to have any force or effect.

          (ii)       Where the parties fail to agree that the amended Act or regulations no longer offend against sub-clause 12(1) the disagreement will upon notice by either party be referred to arbitration pursuant to Clause 17.

          (iii)     Time shall not run with respect to the termination notice from the date of the notice referred to in paragraph 12(6)(ii) until the date of the finding by the arbitrator.

       (7) Without limiting the generality of the meaning of the term "substantially detrimental to the interests of the Lessor or Relevant Aboriginals as regards the administration, management or control of the Park" an actual or proposed transfer, assignment, sublease or parting with possession of the Park or any part of the Park by the Lessee without the consent in writing of the Lessor shall