ATNS - Agreements, Treaties and Negotiated Settlements project

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Uluru - Kata Tjuta National Park Memorandum of Lease
Date:	1 January 1994
Sub Category:	Memorandum of Lease \| Joint Management Agreement
Place:
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State/Country:	Northern Territory, Australia
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	All that piece or parcel of land in the Northern Territory of Australia ("the Leased Area") being part of NT Portion 1798 shown on plan s.85/80, which has been deposited at the Land Titles Office, Darwin, Northern Territory.
Legal Status:	Registered at the Land Titles Office, Darwin, Nort
Legal Reference:	Grant Registered Volume 153 Folio 193
Subject Matter:	Environmental Heritage \| Land Management \| \| Employment and Training \| Cultural Heritage \| Tourism
Summary Information:
A national park lease agreement made between the Commonwealth Government of Australia and Uluru - Kata Tjuta Aboriginal Land Trust.
Detailed Information:
Pursuant to the terms of the lease agreement, the traditional Aboriginal owners of the Park grant a lease of the Park to the Director of National Parks and Wildlife (DNPW). The terms of the agreement include several reservations such as a reservation of right of entry and inspection; of Aboriginal rights to use and occupy in accordance with tradition; to hunt or gather food; and to use any part of the Park for ceremonial and religious purposes. The Land Trust also reserves the right to request the Director of National Parks and Wildlife to sublet any reasonable part of the Park to a relevant Aboriginal Association. The term of the agreement is for a period of 90 years. The annual rent is to be $150 000 payable in advance. In addition, the land trust is to receive 25% of entrance fees and 25% of any charges, fees or penalties imposed by the Director in respect of commercial activities within the Park, in excess of $30 000. Provisions are made for rent review on the fifth anniversary of the commencement date and at five yearly intervals thereafter. Lessee's Obligations The DNPW agrees to pay all reasonable costs of and incidental to the preparation, registration and execution of the lease. It also agrees to pay all taxes and rates which may become due. Subject to the Plan of Management, the DNPW agrees to: -promote and protect the interests of relevant Aboriginals; -protect areas and things of significance to relevant Aboriginals; -encourage the maintenance of the Aboriginal tradition; -take all practicable steps to promote Aboriginal administration, management and control of the Park; -establish and implement a training programme for Aboriginals in administration, management and control of the Park; -engage as many Aboriginals as is practicable to provide services in the Park; -utilise the traditional skills of Aboriginals in the management of the Park; -promote among non-Aboriginal staff members and visitors to the Park, a knowledge and understanding and respect for the traditions, languages, culture, customs and skills of the traditional owners; -encourage Aboriginal business and commercial enterprises within the Park; -consult and liaise with the Land Council; -provide equipment for the maintenance of roads; -implement a licensing and induction scheme for tour operators in the Park in consultation with the Land Council and Aboriginal Association; -permit officers of the Land Council to move freely in the park for the purpose performing statutory functions on behalf of the Land Council. General Provisions A range of further provisions sets out matters relating to funding, staffing and quiet enjoyment. The Land Council may request the DNPW to restrict access to areas of the Park for the purposes of Aboriginal use of those areas. The Land Council and the DPNW is to meet from time to time to formulate written policy in respect of environmental evaluation of proposed developments in the Park. Further terms cover matters relating to Park Management, Indemnification, and Termination. The parties are to negotiate regarding renewal of the lease five years prior to expiry. Provision is made for variation to the lease as well as for arbitration in the event of a dispute arising between the parties.