While not specified in the ALRA amendments, I would expect this to be the standard in communities
under a head lease.
Unfortunately, the tenant
under the head lease failed to pay rent and the landlord took steps to terminate the lease.
Not exact matches
SOAP treats payments made
under its operating
leases as rent expense for the facilities, including its
head office.
In Cadogan, the
head leasehold owner served a notice on the freeholder
under LRHUDA 1993, Ch 2 claiming an extended
lease of the maisonette; in Aggio, the
head leaseholder served notice claiming an extended
lease of the two lower flats.
In each case, the freeholder opposed the
lease extension on the ground that the
head lessee was not a «qualifying tenant»
under the Act.
Also during the reporting period, it was reported that the Northern Territory Government proposed to transfer town areas on land
under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)(ALRA (NT)-RRB- to 99 year
leases (from traditional owners)- this «
head lease» would be held by a new statutory body, with the power to issue sub-
leases for homes and business premises.14
This is dealt with earlier in the chapter
under the
heading «Dealing with land
under compulsory five - year
leases».
However, the federal government may terminate the earlier
lease24 and vary the compulsory five - year
lease to include the area previously excluded.25 This does not apply to
leases of Nauiyu (Daly River), Finke or Kalkarindji which are dealt with separately in the legislation26 (see later in this chapter
under the
heading «special provisions»).
[42] Despite the compulsory five - year
lease of Aboriginal land an Aboriginal Land Trust may grant a
head lease of a township in accordance with s 19A of the ALRA (
under s 37 (6) of the NTNER Act).
If the provision of essential services is withheld pending agreement to
head lease agreements, this may constitute racial discrimination
under s 9 of the Racial Discrimination Act (1975)(Herein RDA).
This means that non-traditional community members may decide the establishment of a land council, and further, that
under 19A (3) that newly established land council is not obliged to appropriately negotiate
head lease agreements.