35Terms and conditions of leases

#### 35 Terms and conditions of leases (1) A lease of land granted under section 31 gives the Commonwealth exclusive possession and quiet enjoyment of the land while the lease is in force (subject to section 34, subsection 37(6) and section 52 of this Act or sections 70C to 70G of the Aboriginal Land Rights (Northern Territory) Act 1976). > Note: The Minister may determine additional terms and conditions under section 36. (2) The Commonwealth is not liable to pay to the relevant owner of land any rent in relation to a lease of that land granted under section 31, except in accordance with subsection 62(5). (2A) Subject to subsection (2D), the Commonwealth is entitled to use, and to permit the use of, land covered by a lease granted under section 31 for any use the Commonwealth considers is consistent with the fulfilment of the object of this Part and is not entitled to use, or to permit the use of, the land for any other use. (2B) Subject to subsection (2D), subsection (2A) does not entitle the Commonwealth to engage in, or to permit, exploration or mining in respect of land covered by a lease granted under section 31. (2C) For the purposes of subsection (2B), exploration and mining have the same meanings as in the Mining Act of the Northern Territory. > Note: The reference to the Mining Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth. (2D) Subsections (2A) and (2B) do not limit Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976. (3) No action, suit or proceeding lies against the Commonwealth in relation to any act or omission of the Commonwealth that results in loss, damage or injury to any person or property as a result of the condition, at the time the lease takes effect, of the land, or of buildings or infrastructure on the land. (4) The relevant owner of land covered by a lease granted under section 31 may not vary or terminate the lease. (5) The Commonwealth may not transfer a lease granted under section 31\. However, the Commonwealth may, at any time, sublease, license, part with possession of, or otherwise deal with, its interest in the lease. > Note: The Commonwealth must have regard to the matters specified in the guidelines in force under subsection 35A(2) in exercising a power under this subsection. (6) The Commonwealth may, at any time, vary a lease granted under section 31 by: (a) excluding land from the lease; or (b) including in the lease any land that was excluded under subsection 31(3). > Note: The Minister may also vary additional terms and conditions of the lease under section 36. (7) The Commonwealth may terminate a lease granted under section 31 at any time. (8) The Commonwealth varies a lease of land under subsection (6), or terminates a lease of land under subsection (7), by the Minister giving notice in writing to the relevant owner of the land. (9) If the Commonwealth varies a lease under subsection (6), the notice must specify the land excluded from, or included in, the lease. (10) A variation or termination takes effect, by force of this subsection, at the time specified in the notice given under subsection (8) (which must not be earlier than the day on which the notice is given to the relevant owner of the land). (11) A notice given under subsection (8) is not a legislative instrument.