Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p136
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 390081–392954

Park continues in force under the EPBC Act so that the Park is a Commonwealth reserve under that Act.

   B           The functions of the Director include to administer manage and control Commonwealth reserves.

   C          By virtue of its body of Aboriginal traditions, observances, customs and beliefs the traditional Aboriginal owners are the custodians of the Park and the Park is of significance to the traditional Aboriginal owners.

   D          In recognition of the rights of the traditional Aboriginal owners:

    the Government of the Commonwealth of Australia on behalf of the Australian people granted inalienable freehold title to the Park to the Council to hold on behalf of and for the benefit of the Community, and

    the management and care of the Park was returned to the Council on behalf of the Community in keeping with their traditional custodian relationship with the Park.

   E           The Council leased the Park to the Director for the purpose of being managed as a national park for a period of 99 years commencing on 11 October 1995.

   F           A Board of Management is established for the Park under the EPBC Act, with a majority of members being Aboriginal persons nominated by the traditional Aboriginal owners, and with functions that include to prepare management plans for the Park in conjunction with the Director, and to make decisions relating to the management of the Park that are consistent with the management plan in operation for the Park.

   G          The Director recognises the Council's long-term goal for self-sufficiency through the control and management of its own lands and acknowledges the need to support actions during the term of this lease to achieve that goal.

   H          The Council is committed to ensuring the Park is managed in accordance with the purposes for which it was declared and to the highest possible standards.

   I             The Council and the Director have agreed to vary the provisions of the Park lease, to surrender of the lease, and to the grant of a further lease for the unexpired portion of the 99 year term on the terms and conditions set out in this Lease.

THE COUNCIL HEREBY GRANTS A LEASE OF THE PARK TO THE DIRECTOR SUBJECT TO AND IN ACCORDANCE WITH THE FOLLOWING RESERVATIONS, PROVISIONS, COVENANTS AND CONDITIONS:

     1. DEFINITIONS

         1.          In this Lease, including the Recitals, unless the contrary intention appears:

    Aboriginal means a person who is a member of the Aboriginal race of Australia;

    Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginals or of a community or group of Aboriginals, and includes those traditions, observances, customs, and beliefs as applied in relation to particular persons, sites, areas of Park things and relationships;

    Board of Management means