Document ID: chunk:federal_register_of_legislation:F2021L01354:body:0:p123
Version: federal_register_of_legislation:F2021L01354
Segment Type: other
Provision Reference: 
Character Range: 346990–349790

The lease may be terminated in writing at any time with the agreement of both the Lessor and Lessee.

   20.   Parties to Negotiate Five Years Before Expiry

 The Lessor and the Lessee agree that they will enter into negotiations for the renewal or extension of the term of this lease not later than five (5) years before its expiration.
     21.   Variation of Lease

     1. The parties may from time to time by agreement in writing add to, substitute for, cancel or vary any of the provisions of this lease.
     2. The Lessee shall at least once in every five (5) years meet with the representatives of the Lessor and the Land Council to discuss whether to vary any of the provisions of the lease including the rent but not including the term and:
          1. if the Lessee and the Lessor agree upon any variation, the Land Council shall direct the Lessor to agree to the variation and to execute all documents necessary or desirable to give full effect to the variation;

          2. if the Lessee and the Lessor fail to agree upon any variation of the Lease proposed by either party, the disagreement will be referred to arbitration by a barrister or solicitor of ten (10) years standing  agreed between the parties or failing agreement, a person nominated by the Chief Judge of the Federal Court of Australia, or if the said Judge fails to appoint an arbitrator within thirty (30) days after having been requested in writing by one of the parties so to do, by an arbitrator appointed by the President for the time being of the Law Council of Australia or its successor;

          3. in determining the question of any variation to the lease the provisions of the Commercial Arbitration Act N.T: shall apply and, the arbitrator shall have regard to the following matters:
       iv.    the preservation and protection of Aboriginal ways of life, culture and tradition;

       v.      the interests, proposals, opinions and wishes of the relevant Aboriginals in relation to the management, use and control of the Park;
       vi.    the growth and development of Aboriginal social, cultural and economic structures;

       vii.   freedom of access by relevant Aboriginals to the Park and their freedom to carry out in the Park rites, ceremonies and other activities in accordance with Aboriginal tradition;

       viii.  the preservation of the natural environment;

       ix.    the use of the Park for tourist activities; and

       x.      the duties, functions and responsibilities of the Lessee in relation to the Park.

       xi.    Notwithstanding any of the foregoing, the arbitrator's determination shall

       xii.   preserve the benefits and the essential rights conferred on the Lessor by this Lease; and

       xiii.  not reduce the payments or rates of payments payable