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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 7 June 2020 at 16:41)
71AE Rent payable under lease
(1) The Minister is to pay rent under any lease entered into with an Aboriginal Land Council or Councils under this Part.(2) All rent payable by virtue of this section is payable out of the Consolidated Fund, which, to the necessary extent, is appropriated accordingly.(3) The rent is to be an amount, negotiated by the parties or otherwise fixed in accordance with this section, that compensates the Aboriginal Land Council or Councils for the fact that it or they do not have the full use and enjoyment of the lands the subject of the lease.(4) In negotiating the rent, the parties are to have regard to the following matters:(a) the nature, size and location of the lands concerned and the nature of the infrastructure and improvements, if any, on the lands,(b) the nature of the ownership rights in the lands that the Aboriginal Land Council or Councils possess,(c) the provisions of this Act and the lease relating to the lands,(d) the extent to which the cultural significance of the lands to Aboriginal persons restricts the use that may be made of the lands under the lease,(e) the arrangements contained in this Act and the lease for the care, control, management and development of the lands,(f) the amount of rent payable under leases of lands adjoining or in the vicinity of the lands the subject of the lease,(g) the amounts realised on recent sales of freehold or leasehold land adjoining or in the vicinity of the lands the subject of the lease.(5) If the parties are unable to agree on the rent to be paid, the matter is to be referred to a mediator, experienced in valuation matters, selected by, and acceptable to, the Minister and the Aboriginal Land Council or Councils.(6) The regulations may make provision for and with respect to the mediation of a matter under this section including the remuneration of mediators and the exoneration of mediators from liability.(7) If the mediator is unable to resolve the matter within a reasonable period, the Minister may request the Valuer-General to fix the rent to be paid.(8) The Valuer-General, in fixing the rent, is to have regard to the matters referred to in subsection (4) and any other matters that the Valuer-General notifies to the parties and considers to be relevant. The decision of the Valuer-General as to the rent is final.(9) The rent is payable by the Minister, on annual rests, to the credit of the separate account in the Fund referred to in section 138 (1B) for payment out in accordance with section 139 (5).