{"id":"special-purposes-leases-act-1953","name":"Special Purposes Leases Act 1953","slug":"special-purposes-leases-act-1953","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30607,"registerId":"nt-special-purposes-leases-act-1953-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Special Purposes Leases Act 1953","content":"NORTHERN TERRITORY OF AUSTRALIA\nSPECIAL PURPOSES LEASES ACT 1953\nAs in force at 13 September 2025\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Power to grant leases for special purposes ..................................... 3\n4A Agreement to grant lease for special purpose ................................. 3\n5 Delegation ....................................................................................... 4\n5A Power to invite applications for leases............................................. 4\n5AB Auctioning of leases ........................................................................ 6\n5B Grant of lease without applications being called .............................. 9\n5BA Direct grants in towns .................................................................... 10\n5BB Direct grants premiums ................................................................. 10\n5BC Security and restriction on transfer, &c., where part of reserve\nprice unpaid when lease granted ................................................... 10\n5C Payment for improvements ............................................................ 11\n6 Lessee may transfer, &c., his lease ............................................... 12\n6A Acquisition of land in a reserve by a non-approved person ........... 13\n6B Exercise of powers of mortgagee .................................................. 14\n7 Power to hold leases and sub-leases ............................................ 15\n8 Terms and conditions of leases ..................................................... 15\n8A Conversion of term of lease to perpetuity ...................................... 15\n9 Land not to be used for other than specified purposes .................. 17\n9A Subdivision .................................................................................... 17\n10 Procedure on application for further lease ..................................... 17\n10A Rent ............................................................................................... 18\n10B Rent of land within a municipality .................................................. 19\n11 Rent for church sites, &c., not subject to re-appraisement ............ 20\n11A Re-appraisement of value of land .................................................. 20\n12 Notice of reappraisals, determinations etc. .................................... 21\n13 Objections ...................................................................................... 22\n14 Applications for review ................................................................... 22\n15 Powers of Tribunal......................................................................... 23\n16 Validity of determinations .............................................................. 23\n17 Certificate as to costs .................................................................... 24\n19 Lessee's rights in improvements ................................................... 24\n20 Lessee's rights in certain works ..................................................... 25\n20A Payment for improvements and certain works ............................... 25\n21 Income from improvements to be paid to former lessee in\ncertain circumstances .................................................................... 25\n23 Forfeiture ....................................................................................... 26\n24 Notice of forfeitures of leases ........................................................ 26\n25 Copy of notice to be forwarded to Registrar .................................. 27\n\nSpecial Purposes Leases Act 1953 ii\n26 Lessee's rights as to improvements when lease forfeited or\nsurrendered ................................................................................... 27\n27 Minister may postpone or remit rent .............................................. 28\n28 Resumption and reservation .......................................................... 28\n29 Notice of intended resumption ....................................................... 28\n30 Certain land not to be resumed ..................................................... 28\n31 Effect of Proclamation ................................................................... 29\n32 Territory to pay compensation ....................................................... 29\n32A Approved forms ............................................................................. 30\n33 Regulations.................................................................................... 30\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 13 September 2025\n____________________\nSPECIAL PURPOSES LEASES ACT 1953\nAn Act relating to the granting of leases for special purposes, the\nresumption of those leases and for other purposes\n1 Short title\nThis Act may be cited as the Special Purposes Leases Act 1953.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act:\nAboriginal Land Council means the Aboriginal Land Council\nestablished under section 21 of the Aboriginal Land Rights\n(Northern Territory) Act 1976 for the area that contains the\nparticular area of land.\nAboriginal reserve includes land which is reserved under a law in\nforce in the Territory for the use and benefit of the Aboriginal people\nof the Territory.\nagricultural does not include horticultural.\napproved form means a form approved under section 32A.\napproved person means:\n(a) an Aboriginal person of or over the age of 18 years; or\n(b) a company or a co-operative registered under the\nCo-operatives (National Uniform Legislation) Act 2015 all the\nshares in which are beneficially owned by Aboriginal people.\nassociation means an association incorporated under the\nAssociations Act 2003.\n\nSpecial Purposes Leases Act 1953 2\nDarwin Town Area means the land described in the Schedule to\nthe Darwin Lands Acquisition Act 1945 (Cth) as in force\nimmediately before its repeal.\nimprovements means buildings, erections, structures and any\nworks which are suitable to the land and, having been executed,\nadd to the leasing value of the land, but does not include buildings,\nerections, structures or works paid for by the Commonwealth or the\nTerritory and in respect of which the Commonwealth or the Territory\nhas not received, and is not entitled to receive, payment from any\nperson.\nlease means a lease granted under this Act in accordance with the\nform prescribed under the Land Title Act 2000.\nlessee includes the person to whom a lease is granted, a person to\nwhom a lease is transferred with the approval of the Minister and a\nperson to whom a lease passes under a will or an intestacy.\nmunicipality means a municipality constituted and in existence\nunder the Local Government Act 2019.\nreserve price, in relation to the right to be granted a lease of a\nparcel of land, means the minimum amount payable, whether in\none sum or by instalments, for the right to be granted a lease of that\nparcel of land.\nright to a lease, in relation to a parcel of land, means right to be\ngranted a lease of that parcel of land.\nspecial purpose means any purpose other than a private\nresidential purpose within a town, or a site for a town, within the\nmeaning of the Crown Lands Act 1992, a pastoral, agricultural or\nmining purpose.\nthe Act means the Land Title Act 2000.\nthe Land and Valuation Review Tribunal or the Tribunal means\nthe Land and Valuation Review Tribunal established by the\nValuation of Land Act 1963.\nthe Valuer-General means the person for the time being holding,\nor performing the duties of, the office of Valuer-General under the\nValuation of Land Act 1963.\nunimproved capital value has the same meaning as in the\nValuation of Land Act 1963.\n\nSpecial Purposes Leases Act 1953 3\n4 Power to grant leases for special purposes\n(1) Notwithstanding the provisions of any other law in force in the\nNorthern Territory, but subject to this Act, the Minister may, in the\nname of the Territory, grant a lease for a special purpose of any\nunleased land belonging to the Crown or the Territory in the\nNorthern Territory, including the bed of the sea within the territorial\nlimits of the Northern Territory and land reserved under any Act:\n(a) to a person not under 18 years of age;\n(b) to the Government of a country outside the Commonwealth, or\nto the duly accredited agent of that Government, for a\ndiplomatic, consular or official purpose of that Government, or\nfor the purpose of a residence for an accredited agent of that\nGovernment, or for all or any of those purposes;\n(c) to an association if the special purpose is within the objects or\npurposes of the association;\n(d) to a company, if the special purpose is within the objects of\nthe company; or\n(e) to a statutory corporation established under a law of the\nCommonwealth or of a State or Territory, if the special\npurpose is within the powers of the corporation.\n(2) Subject to this Act, the Minister shall not grant a lease of land under\nthis Act until all amounts payable under this Act in respect of the\nright to a lease, and such amount, if any, as the Minister determines\nto be the cost of surveying the land proposed to be leased, have\nbeen paid.\n(3) The Minister shall not grant a lease of any land under this Act after\nthe date upon which the Special Purposes Leases Act 1979 comes\ninto operation if the use or development of that land for the special\npurpose proposed is in contravention of the development\nprovisions, or an interim development control order, under the\nPlanning Act 1999.\n4A Agreement to grant lease for special purpose\n(1) Where a person has a right to be granted a lease for a special\npurpose of unleased land referred to in section 4(1), the Minister\nmay, in the Minister's discretion and the approved form, lodge with\nthe Registrar-General details of the means by which the right arose.\n\nSpecial Purposes Leases Act 1953 4\n(2) On the lodgement of the details referred to in subsection (1), the\nRegistrar-General shall, under the Land Title Act 2000, create a\nfolio of the Register and shall issue a certificate as to title in relation\nto the land.\n(3) Notwithstanding that a lease of land for a special purpose has not\nbeen signed by the lessee or the lessor, a folio of the Register\ncreated, and a certificate as to title issued, in relation to the land by\nthe Registrar-General shall be deemed to be a lease.\n5 Delegation\n(1) The Minister may, by instrument in writing, delegate to a person or\nauthority all or any of his respective powers, functions and\nauthorities under this Act (except this power of delegation) in\nrelation to a matter or class of matters so that the delegated\npowers, functions and authorities may be exercised by the delegate\nwith respect to the matter or class of matters specified in the\ninstrument of delegation.\n(2) A delegation under subsection (1) is revocable in writing at will and\ndoes not prevent the exercise of a power, function or authority by\nthe Minister.\n5A Power to invite applications for leases\n(1) Subject to this section, the Minister may, by notice in the Gazette,\ninvite applications for the right to a lease of any parcel of unleased\nland and shall specify in the notice:\n(a) the date on which the applications close; and\n(b) the situation and description of the land offered for lease; and\n(c) the purposes for which the land may be used; and\n(d) the term of the lease; and\n(e) in respect of each parcel of land situated within the Darwin\nTown Area or within a municipality, the annual rent payable (if\nany); and\n(f) in respect of each parcel of land not situated within the Darwin\nTown Area or within a municipality:\n(i) the annual rent payable; and\n(ii) that the successful applicant will be required to pay rent\nin advance in respect of a period specified in the notice,\nbeing a period of not less than one year; and\n\nSpecial Purposes Leases Act 1953 5\n(g) in respect of any improvements on the land:\n(i) a description of them; and\n(ii) the amount payable for them; and\n(iii) the period within which, and the terms, including interest,\nupon which, the successful applicant will be required to\npay for them; and\n(h) in respect of each parcel:\n(i) if the parcel is not within the Darwin Town Area or a\nmunicipality, the survey fee, being the survey fee\ndetermined by the Minister, and the unimproved capital\nvalue of the land, being the unimproved capital value of\nthe land as determined by the Valuer-General; or\n(ii) if the parcel is within the Darwin Town Area or a\nmunicipality, the reserve price for the right to the lease,\nbeing the amount determined by the Minister to be the\nreserve price for the right to the lease.\n(1A) For subsection (1)(e), the Minister may:\n(a) determine the rent payable; and\n(b) if rent is payable – decide when and how to levy the rent.\n(2) An application made under subsection (1) must be made in the\napproved form (if any) and subject to any conditions directed by the\nMinister.\n(3) An applicant for a lease shall, in his application, state:\n(a) if the land is not within the Darwin Town Area or a\nmunicipality – his estimate of the unimproved capital value of\nthe land; or\n(b) if the land is within the Darwin Town Area or a municipality –\nthe amount he offers to pay for the right to a lease of the land.\n(4) Other things being equal, the right to a lease shall be offered to the\napplicant who, under subsection (3):\n(a) in the case where the land is not within the Darwin Town Area\nor a municipality, places the highest estimate of the\nunimproved capital value of the land; or\n\nSpecial Purposes Leases Act 1953 6\n(b) in the case where the land is within the Darwin Town Area or a\nmunicipality, offers an amount for the right that is higher than\nthe amount so offered for the right by any other applicant.\n(5) If 2 or more applicants state the same amount under subsection (3)\nand are otherwise equally eligible as lessees, the Minister may\ndetermine by ballot or otherwise the applicant to whom the right to a\nlease may be offered.\n(6) Notwithstanding subsections (4) and (5), the right to a lease of a\nparcel of land within the Darwin Town Area or a municipality, shall\nnot be offered to any applicant if the amount offered by him under\nsubsection (3) is less than the reserve price for the right to the\nlease of that parcel as determined by the Minister and specified by\nhim in the notice inviting applications for the grant of a lease of that\nparcel.\n(7) Where an applicant to whom the right to a lease is offered under\nthis section accepts the offer and pays to the Territory:\n(a) if the land is not within the Darwin Town Area or a\nmunicipality – the amount by which his estimate of the\nunimproved capital value of the land exceeds the unimproved\ncapital value of the land specified in the notice referred to in\nsubsection (1); or\n(b) if the land is within the Darwin Town Area or a municipality –\nthe amount offered by him under subsection (3),\nand, in addition, where the land proposed to be leased is not within\nthe Darwin Town Area or within a municipality, the first year's rent\nand the survey fee determined by the Minister, he shall be informed\nin writing that the Minister has approved that the lease be granted\nto him and shall thereupon obtain the right to the lease.\n(8) At any time before the right to a lease of a parcel of land is obtained\nunder this section, the Minister may:\n(a) revoke the notice inviting applications for the right to a lease of\nthe parcel; and\n(b) invite fresh applications for the right to a lease of the parcel\nunder the same or other conditions.\n5AB Auctioning of leases\n(1) Subject to this section, the Minister may offer by auction the right to\na lease of any unleased land in respect of which a lease may be\ngranted under section 4.\n\nSpecial Purposes Leases Act 1953 7\n(2) The Minister shall require the Valuer-General to determine:\n(a) the unimproved capital value of each parcel of land the right to\na lease of which is offered by auction under this section; and\n(b) the value of the improvements, if any, on each such parcel of\nland.\n(3) Bidding at the auction shall be:\n(a) if the land is not within the Darwin Town Area or a\nmunicipality – by capital sum representing the unimproved\ncapital value of the land; or\n(b) if the land is within the Darwin Town Area or a municipality –\nby capital sum representing the value placed by the bidder on\nthe right to be granted a lease of the land.\n(4) At the auction there shall be:\n(a) if the land is not within the Darwin Town Area or a\nmunicipality – a reserve value, which shall be the amount\ndetermined by the Valuer-General to be the unimproved\ncapital value of the land; or\n(b) if the land is within the Darwin Town Area or a municipality – a\nreserve price, which shall be the amount determined by the\nMinister to be the reserve price for the right to a lease of the\nland.\n(5) The Minister shall cause notice of the auction to be published in the\nGazette not less than 30 days or more than 90 days prior to the\ndate of the auction and shall specify in the notice:\n(a) the date, time and place of the auction; and\n(b) the situation and description of the land offered for lease; and\n(c) the purpose for which the land may be used; and\n(d) the term of the lease; and\n(e) in respect of each parcel of land situated within the Darwin\nTown Area or within a municipality, the annual rent payable (if\nany); and\n(f) in respect of each parcel of land not situated within the Darwin\nTown Area or within a municipality:\n(i) the annual rent payable; and\n\nSpecial Purposes Leases Act 1953 8\n(ii) that the successful bidder will be required to pay rent in\nadvance in respect of a period specified in the notice,\nbeing a period of not less than one year; and\n(g) in respect of any improvements on the land:\n(i) a description of them; and\n(ii) the amount payable for them; and\n(iii) the period within which, and the terms, including interest,\nupon which, the successful bidder will be required to pay\nfor them; and\n(h) in respect of each parcel of land to be offered:\n(i) if the parcel is not within the Darwin Town Area or a\nmunicipality – the survey fee, being the survey fee\ndetermined by the Minister, and the reserve value of the\nland; or\n(ii) if the parcel is within the Darwin Town Area or a\nmunicipality – the reserve price for the right to the lease.\n(5A) Where such a notice specifies a parcel of land as land the right to a\nlease of which is to be offered at an auction, the Minister may, at\nany time before the right to a lease of that parcel of land is offered\nat that auction, direct that it shall not be offered at that auction; and,\nif he does so, that right shall not be offered at that auction.\n(5B) For subsection (5)(e), the Minister may:\n(a) determine the rent payable; and\n(b) if rent is payable – decide when and how to levy the rent.\n(6) The successful bidder shall, at the time of the auction, pay to the\nMinister:\n(a) if the land is not within the Darwin Town Area or a\nmunicipality – a sum representing the difference (if any)\nbetween the reserve value of the land and the unimproved\ncapital value of the land as bid by the successful bidder and,\nin addition, the first year's rent and the survey fee determined\nby the Minister; or\n(b) if the land is within the Darwin Town Area or a municipality –\nthe amount of the bid that made him the successful bidder.\n\nSpecial Purposes Leases Act 1953 9\n(7) The successful bidder shall be entitled to, and shall accept, sign\nand seal, a lease of the parcel of land for which he is the successful\nbidder.\n(8) Where the successful bidder has failed to accept, sign and seal,\nwithin 3 months after the date of the auction, a lease of the land for\nwhich he is the successful bidder, the Minister may, at any time\nduring which the failure continues, by notice in the Gazette, after at\nleast 3 months' notice (given in accordance with the provisions of\nthis section) of his intention so to do, determine the right of the\nsuccessful bidder to a lease.\n(9) The notice of the intention of the Minister to determine the right of\nthe successful bidder to the lease shall be given in writing and\nsigned by the Minister and shall be deemed to have been duly\ngiven to the successful bidder if it is served on the person, sent to\nthe person by electronic communication or if it is posted in a\nconspicuous place on the land to which it relates.\n(11) Where a successful bid has been made by a person purporting to\nbid as the agent of another person and the secondly mentioned\nperson has not acknowledged to the Minister the authority in that\nbehalf of the person bidding or has not ratified the bid, the notice of\nthe intention of the Minister to determine the right of the successful\nbidder to the lease may be given in accordance with the provisions\nof this section as if either of the persons mentioned in this\nsubsection were the successful bidder.\n(12) A person whose right to a lease of land has been determined under\nthis section shall not have any claim for compensation in respect of\nthe determination or for the recovery of any rent or other moneys\npaid to the Commonwealth or the Territory in respect of the land.\n5B Grant of lease without applications being called\n(1) The Minister may grant a lease of land for a special purpose\nnotwithstanding that applications have not been invited under\nsection 5A and that the right to the lease has not been offered by\nauction under section 5AB:\n(a) if the land is land which was included in a pastoral or\nagricultural lease which has been surrendered as to that land\nfor the purpose of enabling that land to be leased for a special\npurpose;\n(b) if the land is land reserved under any Act; or\n(c) if the Minister is satisfied that the circumstances are such that\nthe lease ought to be granted without first inviting applications\nfor or offering by auction the right to the lease.\n\nSpecial Purposes Leases Act 1953 10\n(2) Where a pastoral or agricultural lease has been surrendered as to\nany land for the purpose of enabling that land to be leased for a\nspecial purpose and the surrender has been accepted by the\nMinister subject to conditions specified in writing by the lessee at\nthe time of the surrender, the Minister shall not grant a lease of that\nland except to such person and on such terms and conditions as\nare not inconsistent with the conditions so specified or are\nconsented to in writing by the lessee of the pastoral or agricultural\nlease.\n5BA Direct grants in towns\n(1) Before a lease of land within the Darwin Town Area or a\nmunicipality is granted under section 5B the Minister shall\ndetermine an amount to be the reserve price for the right to the\nlease.\n5BB Direct grants premiums\n(1) Where an application for a lease of land has been made, and the\nlease, if granted, is to be granted under section 5B, the Minister\nmay, if he thinks fit, determine that there shall be paid, by way of\npremium for the lease, an amount determined by him, being not\ngreater than the difference between the current market value\ndetermined by the Valuer-General and the reserve price, if any.\n(2) Where the Minister determines under subsection (1) a premium for\na lease and under section 8(2) as a condition of the lease that the\npremium and reserve price, if any, may be paid in instalments, the\napplicant shall not obtain a right to the lease until he has paid the\nfirst of those instalments.\n5BC Security and restriction on transfer, &c., where part of reserve\nprice unpaid when lease granted\n(1) Subject to section 5BB, where a lease is granted before the person\nto whom it is granted has paid in full the amount of the reserve price\n(if any) for the right to the lease, the lease instrument shall contain\na covenant under which the lessee covenants to pay the part of the\namount that is unpaid as at the date on which the lease is granted,\ntogether with interest thereon, in accordance with the written\nagreement under which he has undertaken to do so.\n(2) Where, under this Act, a person has obtained the right to a lease\nwithout having paid the full amount of the reserve price the lease is\nnot capable of being transferred or assigned either at law or in\nequity until the full amount of the reserve price has been paid.\n\nSpecial Purposes Leases Act 1953 11\n(3) Subsection (2) does not apply so as to prevent a transfer or\nassignment of a lease or of an interest in a lease:\n(a) by operation of law or by will;\n(b) by way of mortgage; or\n(c) by a mortgagee in pursuance of a power of sale as\nmortgagee.\n5C Payment for improvements\n(1) The grant of a lease may be subject to payment to the Territory by\nthe lessee for the improvements (if any) on the land at the\ncommencement of the lease.\n(2) The amount payable to the Territory for the improvements shall be:\n(a) where the right to the lease is offered by auction or where\napplications are invited for the right to the lease – the amount\ndetermined as the value of the improvements by the Valuer-\nGeneral; and\n(c) where the lease is granted in pursuance of section 5B – the\namount determined by the Minister,\nand shall be paid in accordance with the provisions of this section.\n(3) Where the right to the lease is offered by auction, the successful\nbidder may:\n(a) at the time of the auction pay the whole of the amount payable\nfor the improvements;\n(b) subject to such terms and conditions as the Minister thinks fit,\npay that amount (together with interest thereon at the rate\nspecified in the notice of the auction) by such instalments as\nthe Minister determines; or\n(c) at the time of the auction pay part of that amount, and execute\nin favour of the Territory a mortgage of the land included in the\nlease, in such form as the Minister thinks fit, to secure the\npayment of the balance of the purchase money and such\ninterest as is provided for in the mortgage.\n(4) Subsection (4A) applies if:\n(a) applications are invited for the right to the lease; or\n\nSpecial Purposes Leases Act 1953 12\n(b) a person has entered into an agreement with the Minister for\nthe grant of a lease under section 5B or has offered to accept\na lease under that section and has paid rent or other moneys\nto the Territory for the land to which the offer relates.\n(4A) The successful applicant or person referred to in subsection (4)(b)\nmay:\n(a) on or before the date of the grant of the lease, pay to the\nTerritory the whole of the amount payable for the\nimprovements; or\n(b) subject to the terms and conditions the Minister thinks fit, pay\nto the Territory that amount (together with the prescribed\ninterest on that amount) by the instalments the Minister\ndetermines; or\n(c) on or before the date of the grant of the lease, pay to the\nTerritory part of that amount, and execute in favour of the\nTerritory a mortgage of the land included in the lease, in the\nform the Minister thinks fit, to secure the payment of the\nbalance of the purchase money and the interest provided for\nin the mortgage.\n(5) A mortgage executed in pursuance of this section may contain such\ncovenants as the Minister thinks fit.\n(6) The Minister may, in the name of the Territory, take any such\nmortgage, and may, in relation to any mortgage so taken, do, for or\non behalf of the Territory, any or all of the acts or things which the\nTerritory as mortgagee is empowered, permitted or required to do.\n6 Lessee may transfer, &c., his lease\n(1) Subject to the consent of the Minister, a lessee may:\n(a) transfer the whole or a part of the lessee's lease;\n(b) mortgage the lessee's lease;\n(c) sub-let the whole or a part of the land comprised in the\nlessee's lease; and\n(d) surrender the whole or a part of the lessee's lease.\n(2) The Minister must not consent to:\n(a) the transfer of the whole or a part of a lease;\n(b) the mortgage of a lease; or\n\nSpecial Purposes Leases Act 1953 13\n(c) the sub-letting of the whole or a part of the land comprised in a\nlease,\n(not being a lease for purposes ancillary to mining) of land within an\nAboriginal reserve unless:\n(d) the proposed transfer, mortgage or sub-lease has been\nsubmitted to the Aboriginal Land Council for consideration and\nreport;\n(e) the Aboriginal Land Council has considered the proposed\ntransfer, mortgage or sub-lease and has forwarded to the\nMinister a report containing:\n(i) any advice which it sees fit to give; and\n(ii) any recommendation which it sees fit to make,\nin relation to the proposed transfer, mortgage or sub-lease;\nand\n(f) the Minister has considered the report.\n(3) In considering the proposed transfer, mortgage or sub-lease the\nAboriginal Land Council must consult with the Aboriginal people\nresiding within reasonable proximity to the land the subject of the\nproposed transfer, mortgage or sub-lease who intimate that they\nwish to make representations in relation to or otherwise discuss the\nproposed transfer, mortgage or sub-lease and with any church or\nmissionary society or organisation or like body which:\n(a) conducts an establishment or activities for the benefit of\nAboriginal people on the Aboriginal reserve in which the land\nthe subject of the proposed transfer, mortgage or sub-lease is\nsituated; and\n(b) is, in the opinion of the Aboriginal Land Council, able to furnish\nit with relevant information or advice.\n6A Acquisition of land in a reserve by a non-approved person\n(1) Where a lease, other than a lease for purposes ancillary to mining,\nof land within an Aboriginal reserve is held by an approved person\nand that lease passes by devolution or by operation of law to a\nperson who is not an approved person:\n(a) the person who acquires it shall notify the Minister forthwith\nthat he has acquired it; and\n\nSpecial Purposes Leases Act 1953 14\n(b) the Minister shall either:\n(i) submit the matter to the Aboriginal Land Council for its\nopinion as to whether the person should be permitted to\nhold the lease; or\n(ii) serve notice on the person requiring him to dispose of it.\n(2) Where the Minister submits a matter to the Aboriginal Land Council\nunder subsection (1) and the opinion of the Aboriginal Land Council\nis that the person should not be permitted to hold the lease, the\nMinister shall serve notice on the person requiring him to dispose of\nthe lease.\n(3) Where a person is served with a notice under subsection (1) or\nsubsection (2), he shall forthwith take, and continue to take, all\nsteps reasonably necessary to dispose of the lease satisfactorily to\nthe Territory or to an approved person in the shortest practicable\ntime.\n(4) At any time after the expiration of one year from the date on which\na person is served with a notice under subsection (1) or\nsubsection (2), the Minister may serve on him notice of his intention\nto recommend that the lease be resumed.\n(5) If at the expiration of one year from the date on which the Minister\nserves a notice under subsection (4), the lease is still held by the\nperson upon whom that notice was served, the Minister shall\nrecommend that the lease be resumed.\n6B Exercise of powers of mortgagee\n(1) Where a lease, other than a lease for purposes ancillary to mining,\nof land within an Aboriginal reserve is held by an approved person\nand that lease is mortgaged otherwise than to an approved person,\nthe mortgagee shall, before he exercises any of his powers as\nmortgagee, give to the Minister reasonable notice of his intention so\nto do.\n(2) Where a lease, other than a lease for purposes ancillary to mining,\nof land within an Aboriginal reserve is held by an approved person\nand that lease is mortgaged otherwise than to an approved person,\nthe Minister may, on behalf of the Territory at any time:\n(a) pay to the mortgagee the amount owing under the mortgage;\nand\n(b) require the mortgagee to execute a transfer of the mortgage to\nthe Territory.\n\nSpecial Purposes Leases Act 1953 15\n7 Power to hold leases and sub-leases\n(1) Except with the approval of the Minister, a company which is not\nincorporated in Australia and registered in accordance with the laws\nin force in the Northern Territory shall not be capable of holding:\n(a) a lease as lessee or as mortgagee; or\n(b) a sub-lease of the whole or a part of the land comprised in the\nlease.\n8 Terms and conditions of leases\n(1) Subject to subsection (2), a lease granted after the commencement\nof the Special Purposes Leases Act 1965:\n(a) shall be for a term of years or in perpetuity, as determined by\nthe Minister and specified in the lease instrument; and\n(b) shall include such reservations, covenants, conditions and\nprovisions as are prescribed and such additional reservations,\ncovenants, conditions and provisions as are determined by the\nMinister and specified in the lease instrument.\n(2) A lease of land granted under section 5B shall be subject to such\nreservations, covenants, conditions and provisions (including as to\nthe rent, if any, to be paid) as are determined by the Minister and\nspecified in the lease instrument.\n8A Conversion of term of lease to perpetuity\n(1) The lessee of a lease granted before the commencement of the\nSpecial Purposes Leases Act 1965 may apply in writing to the\nMinister for permission to surrender that lease in exchange for a\nlease in perpetuity.\n(2) If all the rent due on the existing lease has been paid as at the date\nof the application and all other terms and conditions of the existing\nlease have been complied with, the Minister shall:\n(a) require the Valuer-General to determine the unimproved\ncapital value of the land comprised in the lease as at the date\nof the application;\n(b) determine the reservations, covenants, conditions and\nprovisions that shall be included in any lease in perpetuity\ngranted to the lessee in respect of the land; and\n(3) The Minister shall consider the application and may reject or\napprove the grant of the application.\n\nSpecial Purposes Leases Act 1953 16\n(4) The Minister shall thereupon, by notice in accordance with\nsubsection (5), advise the lessee:\n(a) whether he has rejected or has approved of the grant of the\napplication; and\n(b) if the Minister is willing to grant the application, the\nreservations, covenants, conditions and provisions that shall\nbe included in any lease in perpetuity granted to the lessee in\nrespect of the land.\n(5) A notice under subsection (4) must be in writing addressed to the\nlessee and sent by post or electronic communication to an address\ngiven in the application.\n(6) At any time within 2 months after the date of such a notice, or within\nsuch further time as the Minister allows, the lessee may serve\nnotice on the Minister that he elects to surrender the existing lease\nand accept a new lease.\n(7) An election made under subsection (6):\n(a) is irrevocable and binding on the lessee; and\n(b) if a new lease is granted under this section, operates from the\ndate of the grant as a surrender of the lease existing at the\ndate of the election.\n(8) Upon receiving an election under subsection (6) the Minister shall\ngrant to the lessee a new lease of the land comprised in the lease\nexisting at the date of the application.\n(9) The new lease shall be in perpetuity.\n(10) Where the annual rent payable under the new lease is a specified\npercentage of the unimproved capital value of the land in the lease,\nthe unimproved capital value is as determined by the Valuer-\nGeneral in accordance with the Minister's requirement under\nsubsection (2) until the unimproved capital value is re-appraised in\naccordance with section 11A.\n(11) The reservations, covenants, conditions and provisions of the new\nlease shall be the reservations, covenants, conditions and\nprovisions specified in the notice referred to in subsection (4).\n(12) A lessee may, at any time before he makes an election under\nsubsection (6) by notice in writing to the Minister withdraw an\napplication made under subsection (1).\n\nSpecial Purposes Leases Act 1953 17\n(13) Where a lessee:\n(a) so withdraws his application; or\n(b) within the time specified in subsection (6), fails to elect to\nsurrender the existing lease and accept a new lease,\nhis existing lease shall continue as though he had not made his\napplication.\n9 Land not to be used for other than specified purposes\nThe land comprised in a lease granted under this Act shall not be\nused for any purpose other than the purpose, or a purpose ancillary\nto the purpose, for which the lease was granted.\n9A Subdivision\nA lessee shall not subdivide, or make an application under Part 5 of\nthe Planning Act 1999 for consent to subdivide, the lands\ncomprised in a lease.\n10 Procedure on application for further lease\n(1) At any time during 6 months immediately before the expiration of a\nlease, the lessee may make application in writing for a further lease\nof the land comprised in the lease for the purpose of which the\nexpiring lease was granted.\n(2) On receipt of an application under subsection (1), the Minister may:\n(a) grant to the lessee a further lease of the land;\n(b) inform the lessee that the Minister intends to sub-divide the\nland into blocks and make the blocks available for leasing; or\n(c) reject the application.\n(3) If the Minister informs the lessee in accordance with subsection (2)\nthat the Minister intends to sub-divide the land, the lessee shall be\nentitled to the grant of a lease of such one of the blocks into which\nthe land is sub-divided as the lessee elects.\n(4) An election under subsection (3) must be in writing and served on,\nor sent by electronic communication to, the Minister.\n(5) A lease granted under this section:\n(a) shall be for a term of years or in perpetuity, as determined by\nthe Minister and specified in the lease instrument; and\n\nSpecial Purposes Leases Act 1953 18\n(b) shall include such reservations, covenants, conditions and\nprovisions as are prescribed and such additional reservations,\ncovenants, conditions and provisions as are determined by the\nMinister and specified in the lease instrument.\n(6) If the Minister rejects an application made under subsection (1) the\nMinister must not, before or within 3 years after the expiration of the\nlease, grant to a person other than the lessee a lease of the land or\na part of the land in respect of which the application is made unless\nthe lease has first been offered in writing to the lessee and the\nlessee has either refused the offer or failed to accept the offer\nwithin 3 months after the date on which the offer was made.\n(7) Nothing in this section shall limit the power of the Minister:\n(a) to make all or part of any land in respect of which an\napplication is made under subsection (1) available for leasing\nunder an Act other than this Act; or\n(b) to grant at any time, under an Act other than this Act, a lease\nto any person of land in respect of which a lease under this\nAct has expired.\n10A Rent\n(1) Subject to this Act, the rent payable in respect of land comprised in\na lease shall be:\n(a) in the case of a lease granted after the commencement of the\nSpecial Purposes Leases Act 1965 and before the\ncommencement of the Special Purposes Leases Act\n(No. 2) 1979:\n(i) such rent as is reserved under the lease; or\n(ii) if no rent is so reserved, the annual rent of 5% of the\nunimproved capital value of the land; and\n(b) in any other case, the rent, if any, reserved under the lease.\n(2) Subject to this Act (other than subsection (1)), the rent payable in\nrespect of the land comprised in a lease is:\n(a) in the case of a lease granted before the commencement of\nthe Special Purposes Leases Act 1965, subject to\nre-appraisement in accordance with the lease instrument; and\n(b) in any other case, from and after the taking of effect of the first\nre-appraisement of the unimproved capital value of the land in\naccordance with section 11A, such amount (not exceeding\n\nSpecial Purposes Leases Act 1953 19\n5% per annum of the unimproved capital value of the land as\nre-appraised from time to time in accordance with that section)\nas the Minister from time to time determines.\n(3) Nothing in this section shall prevent the enforcement of any\ncovenant by a lessee to pay additional rent where any amount of\nrent payable under his lease remains unpaid for such period as is\nspecified in the lease.\n10B Rent of land within a municipality\n(1) The rent payable in respect of land within the Darwin Town Area or\nwithin a municipality is, in respect of any period during which it is\nwithin the Darwin Town Area or within a municipality, the annual\nrent determined by the Minister (if any).\n(1A) For subsection (1), the Minister may decide when and how to levy\nany rent that is payable.\n(2) The rent payable in respect of land not within the Darwin Town\nArea or within a municipality is, in respect of any period during\nwhich it is not within the Darwin Town Area or within a municipality,\nsuch rent as is payable in accordance with section 10A.\n(3) Where a change occurs in the status of the land, so that land not\nwithin the Darwin Town Area or within a municipality becomes land\nwithin the Darwin Town Area or within a municipality, or land within\nthe Darwin Town Area or within a municipality becomes land not\nwithin the Darwin Town Area or within a municipality, then the\nlessee shall be entitled to a refund of rent overpaid, or shall pay\nrent, as the case requires, in respect of the period from the date of\nthe change to the end of the next succeeding annual or other rental\nperiod, the amount of the refund or the rent being calculated as if\nthe rent in respect of the first-mentioned period were payable on a\nday to day basis.\n(4) Subject to subsection (5):\n(a) a provision in a lease determining the rent payable under the\nlease;\n(b) a covenant by the lessee to pay rent or to pay additional rent\nunder the lease; or\n(c) a covenant by the lessee, the Commonwealth or the Territory\nor any mutual covenant by the lessee and the Commonwealth\nor Territory providing for the determination of the lease in the\nevent of the rent payable under the lease remaining unpaid for\nany period,\n\nSpecial Purposes Leases Act 1953 20\nshall cease to have any force or effect in respect of any period\ncommencing on or after the date of commencement of the Special\nPurposes Leases Act 1970 during which the land comprised in the\nlease is within a municipality and shall cease to have any force or\neffect after the date of commencement of the Special Purposes\nLeases Act 1971 if the land comprised in the lease is within the\nDarwin Town Area.\n(5) Nothing in this section prevents the enforcement of any covenant\nby a lessee to pay rent or additional rent where any amount of rent\npayable under his lease in respect of a period during which the land\nsubject to the lease is not within a municipality remains unpaid for\nsuch period as is specified in the lease.\n11 Rent for church sites, &c., not subject to re-appraisement\nThe rent for land leased for the purpose of being used solely as:\n(a) a site for a church, mosque or synagogue;\n(b) a residence for clergy, ministers of religion or members of a\nreligious order; or\n(c) a charitable institution,\nor for more than one of those purposes, or for a purpose ancillary to\nthose purposes, shall not be subject to re-appraisement.\n11A Re-appraisement of value of land\n(1) Subject to this section, the Minister shall require the Valuer-General\nto re-appraise the unimproved capital value of land that is not\nsituated within the Darwin Town Area or within a municipality and is\ncomprised in a lease granted after the commencement of the\nSpecial Purposes Leases Act 1965 during each of the prescribed\nperiods subsequent to the date of the commencement of the lease.\n(2) The prescribed periods shall be the period of 12 months\ncommencing on 1 July, 1970 and the subsequent periods of\n12 months that shall commence on 1 July in each succeeding\ntwentieth year thereafter.\n(3) If, for any reason the unimproved capital value of such land is not\nre-appraised by the Valuer-General during a prescribed period, the\nMinister may, at any time after the expiration of the period, require\nthe Valuer-General to re-appraise the unimproved capital value of\nthat land on the basis of the unimproved capital values of\ncomparable lands during that period.\n\nSpecial Purposes Leases Act 1953 21\n(4) Subject to this section, a re-appraisement of the unimproved capital\nvalue of such land shall take effect on 1 July next succeeding the\nprescribed period and notice of that re-appraisement shall be given\nin writing by the Minister to the lessee of the land not later than\n28 days after that date.\n(5) In any case where the Minister has not given to the lessee of such\nland notice in writing of the re-appraisement of the unimproved\ncapital value of that land within the time prescribed in subsection (4)\nbut has given to that lessee notice in writing of the re-appraisement\nwithin 12 months after the prescribed period for that\nre-appraisement has expired, the re-appraisement shall take effect\non 1 July next following the date on which the notice was given to\nthe lessee.\n(6) In any case where the Minister has not given to the lessee of such\nland notice in writing of the re-appraisement of the unimproved\ncapital value of that land within 12 months after the prescribed\nperiod for that re-appraisement has expired, the re-appraisement\nshall not take effect until the date upon which the Minister gives to\nthe lessee notice in writing of the re-appraisement.\n(8) The provisions of this section do not apply to or in relation to a\nlease granted under section 5B after the commencement of the\nSpecial Purposes Leases Act (No. 2) 1979 where the payment of\nrent is not reserved under the lease.\n12 Notice of reappraisals, determinations etc.\n(1) Notice of the following must be given to a lessee or former lessee\nby the Minister or the Valuer-General as soon as practicable:\n(a) a reappraisal by the Minister of the rent payable under a\nlease;\n(b) a determination by the Valuer-General under section 19(2)\nor 32;\n(c) a determination by the Minister under section 21(1);\n(d) a decision under section 13(3).\n(2) A notice under subsection (1) must be:\n(a) in writing; and\n(b) served on, or sent by electronic communication to, the lessee\nor former lessee.\n\nSpecial Purposes Leases Act 1953 22\n13 Objections\n(1) If a lessee or former lessee is given notice of any of the following,\nthe lessee or former lessee may make an objection to the\nreappraisal, determination or forfeiture:\n(a) the reappraisal of the rent payable under a lease;\n(b) a determination under section 19(2), 21(1) or 32;\n(c) the forfeiture of a lease under section 23.\n(2) An objection under subsection (1) must:\n(a) be made within 28 days after receipt of the notice; and\n(b) specify the grounds of the objection; and\n(c) be served on, or sent by electronic communication to, the\nMinister or Valuer-General (as the case requires).\n(3) The Minister or Valuer-General must, within 28 days after receiving\nan objection:\n(a) consider the objection; and\n(b) disallow it or allow it in whole or in part.\n14 Applications for review\n(1) An objector who is dissatisfied with:\n(a) a decision of the Minister or the Valuer-General upon an\nobjection to a re-appraisement or determination referred to in\nsubsection (1) of section 12; or\n(b) a decision of the Minister to disallow an objection to the\nforfeiture of a lease under section 23,\nmay within 28 days after receipt of the notice of the decision, by\nwriting request the Minister or the Valuer-General, as the case may\nbe, to refer the decision to the Land and Valuation Review Tribunal\nfor review.\n(2) Upon receipt of the request the Minister or the Valuer-General, as\nthe case may be, shall forthwith refer the decision to the Tribunal.\n(3) Upon such a reference, the objector is limited to the grounds stated\nin the objection.\n\nSpecial Purposes Leases Act 1953 23\n15 Powers of Tribunal\n(1) Where the Tribunal reviews a decision of the Minister or the Valuer-\nGeneral upon an objection to a re-appraisement or determination\nreferred to in subsection (1) of section 12 it has all the powers and\nfunctions of the Minister or the Valuer-General, as the case may be,\nin making the re-appraisement or determination.\n(2) Where the Tribunal reviews a decision of the Minister to disallow an\nobjection to the forfeiture of a lease under section 23, it may\nconfirm or annul the notice forfeiting the lease to which the decision\nrelates.\n(3) Sections 27 to 29 (inclusive) and section 31 of the Valuation of\nLand Act 1963 apply to and in relation to a reference to the Tribunal\nunder this Act and the decision of the Tribunal upon that reference\nin like manner as they apply to and in relation to a reference to the\nTribunal under that Ordinance and the decision of the Tribunal upon\nthat last-mentioned reference.\n(4) For the purposes of section 28 of the Valuation of Land Act 1963 in\nits application to a reference to the Tribunal under this Act:\n(a) the person requesting the reference;\n(b) in the case of a reference of a decision of the Minister – the\nMinister; and\n(c) in the case of a reference of a decision of the Valuer-\nGeneral – the Valuer-General,\nare parties to the reference.\n16 Validity of determinations\nThe validity of a re-appraisement or determination referred to in\nsubsection (1) of section 12 is not affected by:\n(a) a failure to give notice of the re-appraisement or\ndetermination;\n(b) the lodging of an objection to the re-appraisement or\ndetermination;\n(c) a failure to give notice of a decision upon an objection to the\nre-appraisement or determination; or\n(d) a reference to the Tribunal of a decision upon an objection to\nthe re-appraisement or determination.\n\nSpecial Purposes Leases Act 1953 24\n17 Certificate as to costs\n(1) When the Tribunal gives a decision upon a matter referred to it\nunder this Act, it shall, at the same time, certify the amount which,\nin its opinion, would be a reasonable amount to be paid by the\nValuer-General or the Minister or by the other party to the\nreference, as the case may be, in respect of costs incurred by the\nreference to the Tribunal.\n(2) An amount so certified is recoverable by the Valuer-General or the\nMinister or the other party to the reference as the case may be in\nany court of competent jurisdiction.\n19 Lessee's rights in improvements\n(1) Where, upon the expiration of a lease of land on which there are\nimprovements, the former lessee is granted under this Act a further\nlease of that land or of any part of that land, he is not liable to make\nany payment to the Territory in respect of the improvements on that\nland or part.\n(2) Where a lessee of land upon which there are improvements applies\nunder this Act for a further lease of the land but is not granted a\nfurther lease of the whole of the land, the Minister shall require the\nValuer-General to determine the value of the improvements, if any,\non that part of the land in respect of which the lessee is not granted\na further lease.\n(2A) Where the Valuer-General determines the value of improvements\nunder subsection (2), the Territory shall pay to the lessee an\namount equal to that value or, if that value is varied under this Act,\nan amount equal to the value of the improvements as finally\ndetermined under this Act.\n(3) Where a lessee of land upon which there are improvements does\nnot apply for a further lease of that land he may, within 14 days\nfrom the date of the expiry of the lease, elect to remove those\nimprovements from the land or to apply for compensation in respect\nthereof.\n(4) Upon application by a former lessee for compensation in\naccordance with an election under subsection (3), the Territory is\nliable to pay to him such amount as is, in the opinion of the Minister,\nthe value to the Territory of the improvements on the land.\n(5) An election made under subsection (3) confers on the former\nlessee a right to enter upon the land and to remove the\nimprovements but that right subsists only for a period of 3 months\nafter the date of the election or for such longer period as the\nMinister allows.\n\nSpecial Purposes Leases Act 1953 25\n20 Lessee's rights in certain works\n(1) In this section and section 20A, works means works which are not\nimprovements by reason only of the fact that they are not works\nwhich are suitable to the land but which, having been executed, add\nto the leasing value of the land.\n(2) Upon the expiration of a lease the Territory shall pay to the former\nlessee such amount as is, in the opinion of the Minister, the value to\nthe Territory of such works as are upon any land, included in the\nexpired lease, in respect of which the former lessee is not granted a\nfurther lease, whether or not he applies for a further lease.\n20A Payment for improvements and certain works\nWhere the Territory is required under section 19 or section 20 to\npay for improvements or works, it shall make the payment to the\nformer lessee:\n(a) immediately upon the expiration of the lease, where the\nliability of the Territory arises because the whole or a part of\nthe land which was included in the expired lease is not made\navailable for further leasing to any person; or\n(b) in any other case, immediately upon the granting to any\nperson other than the lessee of a lease of the whole or a part\nof the land which was included in the expired lease and on\nwhich there are improvements or works.\n21 Income from improvements to be paid to former lessee in\ncertain circumstances\n(1) Where the Territory, under section 19, is required to pay for\nimprovements and, between the date of expiration of the lease and\nthe date upon which it pays for those improvements in accordance\nwith section 20A, the Territory uses, or permits a person to use,\nthose improvements, or some of them, the Minister shall determine\na fair rental for the improvements so used.\n(2) Where the Minister determines a fair rental for improvements under\nsubsection (1), the Territory shall pay to the former lessee an\namount equal to that fair rental or, if that fair rental is varied under\nthis Act, an amount equal to the fair rental of the improvements as\nfinally determined under this Act, less the amount of such\nexpenditure as has been incurred by the Territory by way of\nmaintenance of, or in connection with, those improvements.\n\nSpecial Purposes Leases Act 1953 26\n23 Forfeiture\n(1) Where:\n(a) the land comprised in a lease is being used for a purpose\nother than the purpose, or a purpose ancillary to the purpose,\nfor which the lease was granted;\n(b) the purpose for which the lease was granted has been fulfilled\nor the purpose is no longer capable of fulfilment;\n(c) a lessee has failed to comply with a covenant or condition of a\nlease;\n(da) a company which is not incorporated in Australia and\nregistered in accordance with the laws in force in the Northern\nTerritory holds, without the approval of the Minister:\n(i) a lease, as lessee or mortgagee; or\n(ii) a sub-lease of the whole or a part of the land comprised\nin the lease; or\n(e) rent in respect of the lease, or any sum of money which, in\naccordance with the provisions of the lease is deemed to be or\nto be recoverable as rent, has remained unpaid for at least\none year without the Minister's consent,\nthe Minister may by notice in writing to the lessee, in the manner\nspecified in subsection (2) of section 12, forfeit the lease.\n(2) At least 14 days before the Minister forfeits a lease under\nsubsection (1), the Minister must serve notice stating reasons for\nthe proposed forfeiture on every person who is registered under the\nAct as having an interest in that lease.\n24 Notice of forfeitures of leases\n(1) Where:\n(a) the Minister gives a notice under section 23 forfeiting a lease\nand the lessee does not, within 28 days after receipt of the\nnotice, object to the forfeiture of the lease;\n(b) the Minister gives, under section 13, notice of his decision to\ndisallow an objection to the forfeiture of a lease under\nsection 23 and the objector does not, within 28 days after\nreceipt of the notice, request the Minister to refer the decision\nto the Land and Valuation Review Tribunal for review; or\n\nSpecial Purposes Leases Act 1953 27\n(c) upon the review of a decision to disallow an objection to the\nforfeiture of a lease under section 23, the Tribunal confirms\nthe notice forfeiting the lease,\nthe Minister may cause notice of the forfeiture to be published in the\nGazette.\n(2) The forfeiture of a lease under section 23 is not effective until a\nnotice of the forfeiture is published in the Gazette in pursuance of\nsubsection (1).\n(3) A notice published in the Gazette in pursuance of subsection (1):\n(a) has the same effect as a re-entry and recovery of possession\nby, or on behalf of, the Crown; and\n(b) is conclusive evidence that the lease to which the notice\nrelates has been forfeited.\n25 Copy of notice to be forwarded to Registrar\n(1) The Minister shall forward a copy of the notice published in\naccordance with section 24 to the Registrar-General for the\nNorthern Territory.\n(2) Upon receipt of the copy of the notice referred to in subsection (1),\nthe Registrar-General shall:\n(a) note the forfeiture in the Register kept pursuant to the Act; and\n(b) call in the lessee's copy of the lease for cancellation.\n26 Lessee's rights as to improvements when lease forfeited or\nsurrendered\n(1) Where a lease of land is forfeited in accordance with this Act or is\nsurrendered the former lessee may, within 14 days of the forfeiture\nor of the surrender, elect to remove from the land buildings on the\nland or to apply for compensation in respect thereof.\n(2) Upon application by a former lessee for compensation in\naccordance with an election under subsection (1), the Territory is\nliable to pay to the former lessee such amount as is, in the opinion\nof the Minister, the value to the Territory of the buildings on the\nland.\n(3) An election made under subsection (1) confers on the former\nlessee a right to enter upon the land and to remove the buildings\nbut that right subsists only for a period of 3 months after the date of\nthe election or for such longer period as the Minister allows.\n\nSpecial Purposes Leases Act 1953 28\n27 Minister may postpone or remit rent\nOn application by a lessee, the Minister may, on such terms as are\nprescribed and as he thinks fit:\n(a) postpone the payment of rent due by that lessee; or\n(b) if he is satisfied that payment of the full amount of the rent due\nby that lessee would impose a serious hardship on him, remit\nthe whole or a portion of that rent.\n28 Resumption and reservation\nSubject to this Act, the Administrator may, by Proclamation:\n(a) resume any land comprising, or included in, a lease:\n(i) for a forest reserve or for the purposes of afforestation or\nsylviculture;\n(ii) for a travelling-stock reserve;\n(iii) for a reserve for the recreation or amusement of the\npublic;\n(iv) for the purposes of water conservation;\n(v) for cultivation purposes;\n(vi) for commonage purposes; or\n(vii) for any other public purpose which he thinks fit; and\n(b) reserve, for the purpose for which it is resumed, the whole or\nany part of the land so resumed.\n29 Notice of intended resumption\n(1) Before the Administrator makes a Proclamation under section 28,\nthe Minister shall give not less than 6 months' notice in writing, of\nan intended resumption to a lessee whose land, or a portion of\nwhose land, it is intended to resume.\n(2) A notice under this section may be sent by registered post or\nelectronic communication.\n30 Certain land not to be resumed\nThe Administrator shall not, under section 28, resume for a\ntravelling-stock reserve, for cultivation purposes or for commonage\npurposes, land which is within one-quarter of a mile of a residence\n\nSpecial Purposes Leases Act 1953 29\nwhich has been erected, or a watering place for stock which has\nbeen made, since the date upon which the lease was granted.\n31 Effect of Proclamation\nA Proclamation made under section 28:\n(a) is conclusive evidence of the resumption; and\n(b) from and including the date of publication of the Proclamation:\n(i) cancels the lease as regards the land resumed; and\n(ii) reduces the rent payable under a lease, in respect of\nland comprised in the lease which is not resumed, in\nproportion to the extent of the resumption.\n32 Territory to pay compensation\n(1) Where land is resumed under section 28, the Minister shall require\nthe Valuer-General to determine the amount to be paid to the\nformer lessee as compensation:\n(a) for improvements on the resumed land, the property of the\nlessee;\n(b) for depreciation, by reason of the resumption, in the value of\nland comprised in the lease which is not resumed; and\n(c) where the whole of the land comprised in a lease is resumed,\nfor the loss of the lease.\n(2) In determining the amount of compensation to be paid under\nsubsection (1):\n(a) regard shall not be had to any increased value of the land by\nreason of the construction, or proposed construction, of public\nworks since the date when the lease was granted; and\n(b) any increase, by reason of the construction or proposed\nconstruction, of public works since the date when the lease\nwas granted, in the value of land comprised in the lease,\nwhich is not resumed, shall be offset against any\ncompensation for depreciation.\n(3) Where the Valuer-General determines an amount of compensation\nunder subsection (1), the Territory shall pay to the former lessee an\namount equal to that amount of compensation or, if that amount of\ncompensation is varied under this Act, an amount equal to the\namount of compensation as finally determined under this Act.\n\nSpecial Purposes Leases Act 1953 30\n32A Approved forms\nThe Minister may approve forms for this Act.\n33 Regulations\nThe Administrator may make regulations not inconsistent with this\nAct, prescribing all matters which are required or permitted to be\nprescribed or which are necessary or convenient to be prescribed\nfor carrying out or giving effect to this Act and in particular:\n(a) for prescribing covenants and conditions to be included in\nleases;\n(b) for prescribing the method of recovering moneys due and\nunpaid under leases; and\n(c) for prescribing fees payable in respect of leases.\n\nENDNOTES\nSpecial Purposes Leases Act 1953 31\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSpecial Purposes Leases Ordinance 1953 (Act No. 27, 1953)\nAssent date 20 January 1954\nCommenced 1 October 1955 (Gaz No. 39, 28 September 1955)\nSpecial Purposes Leases Ordinance 1954 (Act No. 3, 1955)\nAssent date 30 March 1955\nCommenced 1 October 1955 (Gaz No. 39, 28 September 1955)\nSpecial Purposes Leases Ordinance 1956 (Act No. 35, 1956)\nAssent date 17 October 1956\nCommenced 1 November 1956 (Gaz No. 43, 31 October 1956)\nSpecial Purposes Leases Ordinance 1961 (Act No. 23, 1961)\nAssent date 21 June 1961\nCommenced 31 January 1962 (Gaz No. 6, 31 January 1962)\nSpecial Purposes Leases Ordinance 1962 (Act No. 36, 1963)\nAssent date 22 May 1963\nCommenced 10 July 1963 (Gaz No. 28, 10 July 1963)\nSpecial Purposes Leases Ordinance 1963 (Act No. 45, 1963)\nAssent date 26 June 1963\nCommenced 26 June 1963\nSpecial Purposes Leases Ordinance (No. 2) 1963 (Act No. 19, 1964)\nAssent date 16 April 1964\nCommenced 10 February 1964 (s 2, s 2 Valuation of Land Ordinance 1963\n(Act No. 69, 1963), Gaz No. 7A, 6 February 1964 and s 8\nSpecial Purposes Leases Ordinance 1965 (Act No. 36, 1965))\nSpecial Purposes Leases Ordinance 1965 (Act No. 36, 1965)\nAssent date 29 September 1965\nCommenced 16 February 1966 (Gaz No. 8, 16 February 1966)\n\nENDNOTES\nSpecial Purposes Leases Act 1953 32\nSpecial Purposes Leases Ordinance 1968 (Act No. 48, 1968)\nAssent date 3 July 1968\nCommenced 3 July 1968\nSpecial Purposes Leases Ordinance (No. 2) 1968 (Act No. 75, 1968)\nAssent date 3 January 1969\nCommenced 3 January 1969\nSpecial Purposes Leases Ordinance 1969 (Act No. 19, 1969)\nAssent date 20 August 1969\nCommenced 20 August 1969\nSpecial Purposes Leases Ordinance (No. 3) 1968 (Act No. 32, 1970)\nAssent date 9 September 1970\nCommenced 31 December 1970 (s 2, s 2 Crown Lands Ordinance\n(No. 3) 1969 (Act No. 31, 1970) and Gaz No. 52,\n31 December 1970, p 374)\nAmending Legislation\nSpecial Purposes Leases Ordinance (No. 3) 1968 Amendment Ordinance 1970\n(Act No. 86, 1970)\nAssent date 30 December 1970\nCommenced 30 December 1970\nSpecial Purposes Leases Ordinance 1970 (Act No. 87, 1970)\nAssent date 30 December 1970\nCommenced 1 January 1971 (s 2, s 2 Crown Lands Ordinance\n(No. 3) 1969 (Act No. 31, 1970) and Gaz No. 52,\n31 December 1970, p 374)\nSpecial Purposes Leases Ordinance 1971 (Act No. 25, 1971)\nAssent date 19 May 1971\nCommenced 1 July 1971 (Gaz No. 26, 30 June 1971)\nSpecial Purposes Leases Ordinance (No. 2) 1971 (Act No. 38, 1971)\nAssent date 4 August 1971\nCommenced 1 July 1971 (s 2)\nSpecial Purposes Leases Ordinance 1973 (Act No. 28, 1973)\nAssent date 21 June 1973\nCommenced 21 June 1973\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\n\nENDNOTES\nSpecial Purposes Leases Act 1953 33\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\nSpecial Purposes Leases Ordinance 1974 (Act No. 81, 1974)\nAssent date 7 November 1974\nCommenced 7 November 1974\nSpecial Purposes Leases Ordinance 1977 (Act No. 45, 1977)\nAssent date 23 September 1977\nCommenced 23 September 1977\nSpecial Purposes Leases Ordinance 1978 (Act No. 24, 1978)\nAssent date 14 June 1978\nCommenced 14 June 1978\nTransfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978 (s 8)\nStatute Law Revision Act 1978 (Act No. 95, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\nSpecial Purposes Leases Ordinance (No. 2) 1978 (Act No. 108, 1978)\nAssent date 9 November 1978\nCommenced 1 February 1979 (s 3, s 2 Aboriginal Land Ordinance 1978\n(Act No. 106, 1978) and Gaz G4, 26 January 1979, p 18)\nStatute Law Revision Act (No. 2) 1978 (Act No. 19, 1979)\nAssent date 2 February 1979\nCommenced 2 February 1979\nSpecial Purposes Leases Act 1979 (Act No. 50, 1979)\nAssent date 14 May 1979\nCommenced 3 August 1979 (Gaz G31, 3 August 1979, p 4)\nSpecial Purposes Leases Act (No. 2) 1979 (Act No. 156, 1979)\nAssent date 12 December 1979\nCommenced 12 December 1979\nReal Property (Consequential Amendments) Act 1991 (Act No. 33, 1991)\nAssent date 25 June 1991\nCommenced 1 October 1991 (Gaz S49, 1 October 1991)\nStatute Law (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991)\nAssent date 16 December 1991\nCommenced 16 December 1991\nPastoral Land (Consequential Amendments) Act 1992 (Act No. 39, 1992)\nAssent date 25 June 1992\nCommenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17,\n1992) and Gaz S33, 26 June 1992)\n\nENDNOTES\nSpecial Purposes Leases Act 1953 34\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\nPlanning (Consequential Amendments) Act 1993 (Act No. 86, 1993)\nAssent date 31 December 1993\nCommenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993)\nand Gaz S28, 18 April 1994)\nPlanning (Consequential Amendments) Act 1999 (Act No. 56, 1999)\nAssent date 14 December 1999\nCommenced 12 April 2000 (s 2, s 2 Planning Act 1999 (Act No. 55, 1999)\nand Gaz S15, 12 April 1999)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced 5 May 2004 (s 2(1), s 2 Associations Act 2003 (Act No. 56,\n2003) and Gaz G18, 5 May 2004, p 2)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nCo-operatives (National Uniform Legislation) Act 2015 (Act No. 13, 2015)\nAssent date 22 May 2015\nCommenced 1 July 2015 (Gaz S62, 23 June 2015)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\n\nENDNOTES\nSpecial Purposes Leases Act 1953 35\nLands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025)\nAssent date 12 September 2025\nCommenced pt 6: nc; rem: 13 September 2025 (s 2(1))\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 12 Special Purposes Leases Ordinance (No. 2) 1963 (Act No. 19, 1964)\ns 15 Special Purposes Leases Ordinance 1970 (Act No. 87, 1970)\ns 9 Special Purposes Leases Ordinance 1971 (Act No. 25, 1971)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:\nss 3, 4, 4D, 5, 5A, 5AB, 5B, 5BA, 5BB, 5BC, 5C, 6A, 8A, 10, 10A, 10B, 11A,\n12, 13, 14, 15, 16, 19, 20, 20A, 21, 23, 24, 25, 26, 29, 30, 31 and 32.\n5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 4, 5AA and 9A.\n6 LIST OF AMENDMENTS\ns 3 amd No. 35, 1956, s 3; No. 23, 1961, s 3; No. 19, 1964, s 3; No. 36, 1965,\ns 3; No. 75, 1968, s 2; No. 32, 1970; No. 87, 1970, s 3; No. 54, 1978, s 4;\nNo. 108, 1978, s 4; No. 33, 1991, s 7; No. 39, 1992, s 3; No. 84, 1993, s 6;\nNo. 45, 2000, s 11; No. 18, 2004, s 3; No. 6, 2008, s 3; No. 13, 2015, s 26;\nNo. 39, 2019, s 370; No. 25, 2025, s 37\ns 4 amd No. 3, 1955, s 3; No. 35, 1956, s 4; No. 45, 1963, s 2; No. 19, 1969, s 7;\nNo. 32, 1970, s 4; No. 87, 1970, s 4; No. 25, 1971, s 3; No. 38, 1971, s 3;\nNo. 28, 1973, s 3; No. 87, 1973, s 12; No. 54, 1978, s 4; No. 95, 1978, s 4;\nNo. 50, 1979, s 4; No. 156, 1979, s 4; No. 86, 1993, s 3; No. 56, 1999, s 3\ns 4A ins No. 32, 1970, s 5\namd No. 54, 1978, s 4\nrep No. 108, 1978, s 5\nss 4B – 4C ins No. 32, 1970, s 5\nrep No. 108, 1978, s 5\ns 4D ins No. 32, 1970, s 5\namd No. 54, 1978, s 4\nrep No. 108, 1978, s 5\ns 5AA ins No. 33, 1991, s 4\namd No. 45, 2000, s 11; No. 25, 2025, s 38\ns 5 amd No. 54, 1978, s 4\ns 5A ins No. 48, 1968, s 2\namd No. 75, 1968, s 3\nsub No. 87, 1970, s 5\namd No. 25, 1971, s 4; No. 38, 1971, s 4; No. 54, 1978, s 4; No. 25, 2025,\ns 39\n\nENDNOTES\nSpecial Purposes Leases Act 1953 36\ns 5AB ins No. 75, 1968, s 4\namd No. 87, 1970, s 6; No. 25, 1971, s 5; No. 38, 1971, s 5; No. 24, 1978,\ns 3; No. 54, 1978, s 4; No. 25, 2025, s 40\ns 5B ins No. 48, 1968, s 2\namd No. 75, 1968, s 5\ns 5BA ins No. 87, 1970, s 7\namd No. 38, 1971, s 6; No. 28, 1973, s 4; No. 54, 1978, ss 3 and 4; No. 156,\n1979, s 3\ns 5BB ins No. 87, 1970, s 7\namd No. 38, 1971, s 7\nsub No. 24, 1978, s 4\namd No. 54, 1978, s 4\nsub No. 156, 1979, s 5\ns 5BC ins No. 87, 1970, s 7\namd No. 156, 1979, s 6\ns 5C ins No. 75, 1968, s 6\namd No. 87, 1970, s 8; No. 54, 1978, s 4; No. 44, 2005, s 30\ns 6 sub No. 3, 1955, s 4\namd No. 32, 1970, s 6; No. 54, 1978, s 4; No. 108, 1978, s 6; No. 25, 2025,\ns 46\ns 6A ins No. 32, 1970, s 7\namd No. 54, 1978, s 4; No. 108, 1978, s 7; No. 25, 2025, s 46\ns 6B ins No. 32, 1970, s 7\namd No. 54, 1978, s 4; No. 25, 2025, s 46\ns 7 amd No. 35, 1956, s 5; No. 23, 1961, s 4; No. 81, 1974, s 3; No. 54, 1978, s 4\ns 8 amd No. 35, 1956, s 6; No. 23, 1961, s 5\nsub No. 36, 1965, s 4\namd No. 54, 1978, s 4; No. 156, 1979, s 7\ns 8A ins No. 36, 1965, s 4\namd No. 87, 1970, s 9; No. 28, 1973, s 5; No. 54, 1978, ss 3 and 4; No. 19,\n1979, s 25; No. 25, 2025, s 41\ns 9 amd No. 35, 1956, s 7\ns 9A ins No. 50, 1979, s 5\namd No. 86, 1993, s 3; No. 56, 1999, s 3\ns 10 sub No. 3, 1955, s 6; No. 35, 1956, s 8\namd No. 23, 1961, s 6; No. 36, 1965, s 5; No. 54, 1978, s 4; No. 25, 2025,\ns 46\ns 10A ins No. 36, 1965, s 6\namd No. 87, 1970, s 10; No. 25, 1971, s 6; No. 54, 1978, s 4; No. 156, 1979,\ns 8; No. 77, 1991, s 8; No. 44, 2005, s 30\ns 10B ins No. 87, 1970, s 11\namd No. 25, 1971, s 7; No. 54, 1978, s 4; No. 25, 2025, s 42\ns 11 amd No. 3, 1955, s 7; No. 45, 1977, s 3\ns 11A ins No. 36, 1965, s 7\namd No. 87, 1970, s 12; No. 25, 1971, s 8; No. 54, 1978, s 4; No. 156, 1979,\ns 9; No. 77, 1991, s 8\ns 12 sub No. 19, 1964, s 4\namd No. 54, 1978, s 4\nsub No. 25, 2025, s 43\ns 13 amd No. 3, 1955, s 8\nsub No. 19, 1964, s 4\namd No. 54, 1978, s 4\nsub No. 25, 2025, s 43\ns 14 sub No. 19, 1964, s 4\namd No. 54, 1978, s 4\ns 15 sub No. 19, 1964, s 4\namd No. 38, 1971, s 8; No. 54, 1978, s 4\ns 16 sub No. 19, 1964, s 4\n\nENDNOTES\nSpecial Purposes Leases Act 1953 37\ns 17 sub No. 19, 1964, s 4\namd No. 54, 1978, s 4\ns 18 rep No. 19, 1964, s 4\ns 19 sub No. 3, 1955, s 9; No. 35, 1956, s 9\namd No. 23, 1961, s 7\nsub No. 36, 1963, s 6\namd No. 19, 1964, s 5; No. 75, 1968, s 7; No. 87, 1970, s 13; No. 54, 1978,\ns 4\ns 20 rep No. 3, 1955, s 10\nins No. 36, 1963, s 3\namd No. 54, 1978, s 4\n20A ins No. 36, 1963, s 3\namd No. 19, 1964, s 6; No. 54, 1978, s 4\ns 21 amd No. 36, 1963, s 4; No. 19, 1964, s 7; No. 54, 1978, s 4\ns 22 rep No. 3, 1955, s 11\ns 23 amd No. 3, 1955, s 12; No. 35, 1956, s 10; No. 19, 1964, s 8; No. 87, 1970,\ns 14; No. 87, 1974, s 4; No. 54, 1978, s 4; No. 19, 1979, s 25; No. 33, 1991,\ns 7; No. 25, 2025, s 44\ns 24 sub No. 19, 1964, s 9\namd No. 75, 1968, s 8; No. 54, 1978, s 4\ns 25 amd No. 19, 1964, s 10; No. 54, 1978, s 4; No. 33, 1991, s 7\ns 26 rep No. 3, 1955, s 13\nins No. 36, 1963, s 5\namd No. 54, 1978, s 4; No. 18, 2002, s 6\nss 27 – 28 amd No. 54, 1978, s 4\ns 29 amd No. 54, 1978, s 4; No. 25, 2025, s 46\ns 30 amd No. 3, 1955, s 14; No. 54, 1978, s 4\ns 32 amd No. 19, 1964, s 11; No. 54, 1978, s 4\ns 32A ins No. 25, 2025, s 45\ns 33 amd No. 75, 1968, s 9; No. 54, 1978, s 4","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The 1953 Act originally conferred basic Ministerial power to grant leases for purposes outside residential, pastoral, agricultural or mining uses. Subsequent amendments expanded it into a comprehensive modern framework incorporating competitive allocation methods (auctions and invitations), direct grant pathways, perpetuity conversions, electronic notice and approved-form requirements, detailed Aboriginal reserve safeguards post-1976 land rights legislation, integration with contemporary planning controls, a formal objection-Tribunal review system, and updated rent and resumption rules. This has transformed the legislation from a simple leasing power into a detailed regulatory statute governing land allocation, lessee rights, public interest protections and compensation across the Northern Territory."},"complexity_factors":["Over 33 operative sections plus extensive endnotes detailing 70+ years of amendments","Multiple layered procedures for granting leases (invitations under s 5A, auctions under s 5AB, direct grants under s 5B, direct grants in towns under s 5BA)","Nested rules on rent re-appraisement every 20 years (s 11A), objections, Tribunal reviews and validity (ss 12–16)","Heavy cross-referencing to the Land Title Act 2000, Planning Act 1999, Valuation of Land Act 1963, Aboriginal Land Rights (Northern Territory) Act 1976, Co-operatives (National Uniform Legislation) Act 2015 and Local Government Act 2019","Distinct protective regime for Aboriginal reserves requiring Land Council reports and consultation with residents and missionary bodies (ss 6(2), 6A, 6B)","Detailed compensation, improvements and works valuation provisions with Ministerial discretion and fallback Tribunal powers (ss 19–21, 26, 32)"],"plain_english_summary":"**The Special Purposes Leases Act 1953** gives the Northern Territory Government the power to lease out public (Crown) land for 'special purposes'. These are uses that fall outside normal homes in towns, farming, or mining – think community centres, churches, diplomatic buildings, or certain businesses. \n\nIt sets out clear rules on how leases are offered: through public invitations in the Government Gazette, auctions, or direct grants in some situations (such as former pastoral land or reserves). Rent is usually based on a percentage of the land's unimproved value (up to 5%), with special rules for land in towns or for churches. Lessees can build on the land and generally keep or get paid for those improvements when the lease ends. \n\nThe Act protects Aboriginal reserves by requiring consultation with Aboriginal Land Councils before transfers or mortgages to non-approved people (generally non-Aboriginal persons or companies). It also explains how the government can cancel (forfeit) a lease for breaking rules, resume land for public needs like parks or water reserves, and pay compensation. People can object to rent valuations or forfeiture decisions and ask a Tribunal to review them. \n\nThis law matters because it balances public control of Northern Territory land with security for people or groups investing in community or special projects, while protecting Indigenous interests and ensuring fair processes for rent and ending leases."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented contains numerous provisions that extend and refine the original leasing framework. Later additions and structural changes introduce auction procedures, formal invitation processes, direct‑grant rules, payment and security mechanisms, and conversion to perpetual leases (notably ss 5A, 5AB, 5B, 5BB, 5BC, 5C, 8A). The Valuer‑General is assigned defined valuation roles (ss 5AB(2), 11A), and the Act includes specific protective and procedural regimes for Aboriginal reserves (ss 3 definition of \"approved person\", ss 6–6B). These insertions broaden the administrative toolkit and the types of transactions governed by the Act (payment instalments, premiums, mortgages to the Territory, reserve prices, and explicit compensation rules on resumption) compared with a simpler original leasing power (see ss 4, 5 and the endnotes cataloguing amendments)."},"complexity_factors":["Multiple acquisition pathways: invited applications, auctions and direct grants, each with different procedural and payment rules (ss 5A, 5AB, 5B).","Extensive Ministerial discretion across pricing, timing, leasing terms and granting decisions (ss 5A, 5AB, 5B, 8).","Interlocking valuation requirements handled by the Valuer‑General for unimproved capital value, improvements and reserve values (ss 5AB(2), 5C(2), 11A).","Detailed payment, security and instalment options including mortgages to the Territory and transfer restrictions until full payment (ss 5C, 5BC).","Separate, detailed procedural protections and extra steps for leases affecting Aboriginal reserves, including requirement to consult the Aboriginal Land Council and rules about approved persons (ss 3, 6(2)–(3), 6A, 6B).","Multiple timelines and notice windows (auction notice period, re‑appraisal windows, objection and review deadlines) that require administrative coordination (ss 5AB(5), 11A(2)–(6), 12–14).","Complex consequences on expiry, forfeiture and resumption (removal of improvements, compensation, Gazette publication requirement) with distinct timing and payment rules (ss 19–21, 24, 26, 28, 32).","Tribunal review is allowed but limited to stated objection grounds and interacts with Valuer‑General and Minister powers (ss 13–15)."],"plain_english_summary":"# What this law does, who it affects, and how it works\n\nThis Act sets out how the Northern Territory government grants and manages leases of Crown (Territory) land for \"special purposes\" — that is, purposes other than private residential use in a town, pastoral, agricultural or mining purposes (s 3). Mechanically, it creates three principal ways a person or organisation can obtain such a lease and establishes the rules that follow once a lease exists:\n\n- How leases are granted\n  - By inviting applications: the Minister can advertise parcels and invite applications, specifying term, permitted uses, fees, reserve price, survey fee and other conditions (s 5A). Applicants use an approved form and the Minister normally offers the lease to the highest qualifying applicant (s 5A(1)–(4), (7)).\n  - By public auction: the Minister may auction rights to leases and must obtain Valuer‑General valuations; auctions use reserve values set by the Valuer‑General or reserve prices set by the Minister (s 5AB(1)–(6)). The successful bidder must pay the bid or the required deposit and accept the lease (s 5AB(6)–(7)).\n  - By direct grant without calling applications/auction: the Minister may grant a lease without calling applications in specified circumstances (for example, land reserved under an Act or land surrendered from pastoral/agricultural lease) or when the Minister thinks it appropriate (s 5B(1)). For town parcels a reserve price must be determined before such a direct grant (s 5BA(1)). The Minister may also set a premium up to the difference between market value and reserve price (s 5BB).\n\n- Who can be a lessee\n  - Individuals 18+, associations, companies and statutory corporations may receive leases where the proposed special purpose fits their objects (s 4(1)(a), (c)–(e)). There is a special definition of \"approved person\" for certain Aboriginal‑ownership rules (s 3). Certain foreign companies face restrictions on holding leases unless approved (s 7).\n\n- Payments, security and improvements\n  - Lessees must pay rents, reserve prices, survey fees and may be required to pay for improvements on the land (s 4(2), s 5A(1)(h), s 5AB(5)(h), s 5C). The Minister or Valuer‑General determines values used for auctions and payments (s 5AB(2), s 5C(2)). Payment can be required upfront, by instalments, or secured by mortgage to the Territory (s 5C(3)–(4A)). Where a lease is granted before full payment of a reserve price, the lease must include a covenant to pay the unpaid part and transfer is restricted until full payment (s 5BC(1)–(2)).\n\n- Lease terms, conversion and limits on use\n  - The Minister sets lease terms (fixed term or in perpetuity), covenants and conditions (s 8(1)–(2)). A lessee of an older lease may apply to exchange it for a lease in perpetuity subject to Valuer‑General valuation and Minister approval (s 8A).\n  - Land must be used only for the specified special purpose or an ancillary purpose (s 9). Subdivision is restricted (s 9A).\n\n- Transfer, mortgage and approvals\n  - Lessees may transfer, mortgage, sublet or surrender leases only with the Minister's consent (s 6(1)). Additional procedural requirements apply on leases that lie within Aboriginal reserves: transfers, mortgages or subleases generally must be submitted to and considered by the Aboriginal Land Council, which must consult local Aboriginal people and relevant organisations and provide advice/recommendations to the Minister (s 6(2)–(3)). If a lease passes by operation of law to a non‑approved person within an Aboriginal reserve, the Minister may require disposal or seek the Council's opinion and ultimately recommend resumption if not resolved (s 6A).\n\n- Enforcement, forfeiture and review\n  - The Minister may forfeit a lease for misuse, noncompliance, fulfilment or inability to fulfill the purpose, unauthorised foreign/company holdings, or unpaid rent of at least one year (s 23). Notice and objection processes apply (ss 12–14). Forfeiture is effective only after Gazette publication (s 24).\n  - Lessees and former lessees can object to re‑appraisals, certain determinations or forfeiture, and can seek review by the Land and Valuation Review Tribunal; the Tribunal has the powers of the Minister or Valuer‑General for those matters (ss 13–15).\n\n- Resumption and compensation\n  - The Administrator may resume leased land for various public purposes by Proclamation (s 28). The Minister must give at least six months' notice of intended resumption (s 29). When land is resumed, the Territory must pay compensation for improvements, depreciation to remaining land and loss of lease where the whole lease is resumed (s 32). The Valuer‑General determines amounts (s 32(1)–(3)).\n\nWho pays and who decides (straightforward lines):\n- Who pays: applicants/lessees pay reserve prices, premiums, survey fees, rents, instalments for improvements or interest, and any mortgage payments to secure unpaid purchase money (s 5A(1)(h), 5AB(6), 5C(3)–(4A), 5BC). The Territory pays compensation for resumed land or required purchases of improvements when the lease expires or is not renewed (ss 19–21, 32, 20A). Tribunal costs may be awarded as certified (s 17).\n- Who decides: the Minister controls whether land is offered, the manner (invitation/auction/direct grant), reserve prices, rents and many lease terms (s 5A, 5AB, 5B, 5BA, 5BB, 8). The Valuer‑General provides valuations required for auctions, improvements and re‑appraisals (s 5AB(2), s 5C(2), s 11A). The Minister may delegate powers in writing but the delegation is revocable and does not prevent the Minister from acting (s 5).\n\nCompliance burden and procedures (what people must do):\n- Applicants must file approved forms and state valuations or offers (s 5A(2)–(3)).\n- Successful applicants/bidders must pay required sums, sign leases and may need to execute mortgages securing unpaid amounts (s 5A(7), s 5AB(6)–(7), s 5C(3)–(4A)).\n- Lessees seeking to transfer, mortgage or sublet require Ministerial consent and, where land is in an Aboriginal reserve, Aboriginal Land Council consultation and a report (s 6(1)–(3)).\n- Recipients of notices (re‑appraisals, determinations, forfeiture) have specified short time limits to object and seek Tribunal review (ss 12–14).\n\nEffects on private enterprise, competition and ownership (mechanisms, not judgements):\n- Market pricing and competition: auctions and competitive offers allocate rights to the highest bidder or highest value estimate (s 5A(4), s 5AB(3)). Reserve prices and premiums set by the Minister can set minimum receipts to the Territory (s 5A(6), s 5BB).\n- Private enterprise and contract freedom: leases may go to associations, companies and statutory corporations where the special purpose fits their objects (s 4(1)(c)–(e)); however, leases are contractually constrained by Minister‑prescribed covenants and conditions (s 8(1)(b)).\n- Ownership and transferability: the Act creates long‑term leasehold structures, including possible conversion to leases in perpetuity (s 8A). Transfer and mortgage are permitted but subject to Ministerial consent and additional processes in Aboriginal reserves (s 6, s 6A, s 6B).\n- Administrative controls: the Minister and Valuer‑General have recurring roles in setting prices, rents and valuations, and the Minister has wide discretion whether or how to offer land (s 5A, s 5AB, s 5B, s 11A). Tribunal review is available but limited to the grounds stated in an original objection (s 14(3)).\n\nPractical trade-offs, burdens and implementation risks (mechanical observations):\n- Concentration of decision power in the Minister: the Minister decides whether to invite applications, to auction, to grant directly, sets reserve prices and many lease terms (s 5A, s 5AB, s 5B, s 5BA, s 5BB). That concentrates administrative discretion (s 5) and creates multiple procedural steps applicants must meet.\n- Administrative inputs and timings: valuations by the Valuer‑General, notice periods for auctions and re‑appraisals and the short objection/review timeframes require administrative coordination (s 5AB(2), s 5AB(5), s 11A(4)–(6), ss 12–14).\n- Financial mechanics: required advance payments, possible instalments, mortgage security to the Territory where payments are deferred, and restrictions on transfer until full payment are specific tools the Act uses to secure Territory revenue (ss 5A(1)(f), 5AB(6), 5C(3)–(4A), 5BC(1)–(2)).\n\nWhat to watch in practice (concrete implementation points):\n- If a parcel is in a town or municipality different treatment applies (reserve price, rent setting and calculation) and the Minister controls the timing and levying of rent (s 5A(1)(e), s 10B(1), s 5AB(4)).\n- Aboriginal reserve protections: extra procedural steps for transfers, mortgages and subleases and special processes if a lease passes to a non‑approved person (s 6(2)–(3), s 6A, s 6B).\n- Remedies and payments: former lessees have time‑limited election rights to remove improvements or to claim compensation on expiry, forfeiture or resumption (ss 19(3)–(5), 26(1)–(3), 20A, 32).\n\nThis summary describes what the Act does, the payments and rights it creates, the decision points it assigns to the Minister and Valuer‑General, and the administrative and compliance steps that follow from those choices (see especially ss 4, 5A, 5AB, 5B, 5C, 6, 8, 11A, 19, 23, 28, 32)."}},"importantCases":[],"_links":{"self":"/api/acts/special-purposes-leases-act-1953","history":"/api/acts/special-purposes-leases-act-1953/history","analysis":"/api/acts/special-purposes-leases-act-1953/analysis","conflicts":"/api/acts/special-purposes-leases-act-1953/conflicts","importantCases":"/api/acts/special-purposes-leases-act-1953/important-cases","documents":"/api/acts/special-purposes-leases-act-1953/documents"}}