New Native Land Trust Deed - Download as DOC by jay94919

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									Conditional Agreement to Lease
Aboriginal Deed of Grant in Trust land for
Private Residential Purposes




                   between



           [Insert Name of Trustee]



                     and




       [Insert Name of Potential Lessee]
Table of contents

     RECITALS…………………………………………………………………...2


     OPERATIVE PROVISIONS……………………………………………….2


  1. DEFINITIONS ………………………………………………………………2


  2. COMMENCEMENT & TERM ……………………………………………..3


  3. TERMINATION ……………………………………………………………..3


  4. COSTS ………………………………………………………………………3


  5. POTENTIAL LESSEE’S OBLIGATIONS …………………………………3


  6. WORKS ON THE LAND …………………………………………………...4


  7. CONSIDERATION PAYABLE UNDER LEASE………………………….4


  8. RENT PAYABLE UNDER LEASE…………………………………………4


  9. STATUTORY OBLIGATIONS…………………………. ………………….5


  SCHEDULE 1 – Reference Schedule


  SCHEDULE 2 – Trustee Confirmations


  SCHEDULE 3 – Native Title Requirements


  SCHEDULE 4 – Survey Requirements


  SCHEDULE 5 – Costs


  SCHEDULE 6 - Lease Form 7 and Form 20
CONDITIONAL AGREEMENT TO LEASE


Between:          [Insert name of Trustee]                           (“Trustee”)




and:                [Insert name of Party who lodged EOI]     (“Potential Lessee”)




RECITALS




      A. The Trustee holds on trust land the subject of a DOGIT granted for the benefit of Aboriginal
         and Islander inhabitants or for Aboriginal and Islander purposes;


      B. An EOI has been lodged by the Potential Lessee for the grant of a Lease by the Trustee on
         the DOGIT land for residential purposes;


      C. The Trustee has evaluated the EOI and is prepared to grant the Lease to the Potential
         Lessee, conditional upon fulfilment by the Parties of the conditions set out in this Agreement;


      D. The Trustee proposes to grant the Lease pursuant to Part 3, Division 2 of the ALA;


      E. The Potential Lessee acknowledges that this Agreement does not give them any rights to Deal
         with the land, except where it is necessary to comply with the terms of this Agreement.




OPERATIVE PROVISIONS




1.        Definitions


1.1       In this Agreement:


          “Agreement” means this document including all schedules;


          “ALA” means the Aboriginal Land Act 1991 (Qld);


          “DERM” means the Queensland Department of Environment and Resource Management


          “DOGIT” has the same meaning given in the ALA;


          “DoH” means the Queensland Department of Housing;
      “Deal” means to use, occupy, conduct works or otherwise conduct activities on the land;


      “EOI” means the Expression of Interest lodged by the Potential Lessee to the Trustee in
      relation to the Lease;


      “ILUA” means an indigenous land use agreement meeting the requirements of section 24BA,
      section 24CA or section 24DA of the Native Title Act 1993 (Cth);


      “Land” means the land the subject of the Lease, as described in Item 3 of Schedule 1;


      “Lease” means the interest granted in the Land by the Trustee to the Potential Lessee
      pursuant to Part 3, Division 2 of the ALA, and upon fulfilment of the conditions in this
      Agreement;


      “Trustee” means [Insert Name of Trustee];


      “Parties” means the Potential Lessee and the Trustee;


      “Potential Lessee” means [insert name of party who lodged EOI];


      “Works” means any form of earthmoving or construction on the Land.


2.    Commencement and Term


2.1   This Agreement commences on the date it is executed by the last Party to do so, recorded at
      Item 4 in Schedule 1.


2.2   Subject to clauses 3.1 this Agreement remains in force for a period of 90 days. If survey
      requirements are identified in Schedule 4 this Agreement remains in place for up to a further
      90 days, and if native title requirements are identified in Schedule 3 this Agreement remains in
      force for up to a further two years, as necessary.


2.3   The Potential Lessee may apply in writing to the Trustee, at the contact details provided in
      Item 1 of Schedule 1, for an extension of a specified time in order to comply with the
      conditions of this Agreement and the Trustee will not unreasonably refuse this request.


2.4   The Trustee will notify the Potential Lessee, at the contact details provided at Item 2 in
      Schedule 1, in writing within 21 days of receipt of the Potential Lessee’s request for an
      extension, advising the Potential Lessee whether or not the extension is granted.


3.    Termination


3.1   This Agreement is terminated upon receipt by the Trustee of written notice by the Potential
      Lessee informing that they no longer wish to pursue the Lease.


3.2   The Potential Lessee must pay the Trustee’s reasonable costs associated with processing the
      EOI up to the date of termination.


4.    Costs


4.1   The Potential Lessee is liable to pay the Trustee’s reasonable costs, if any, associated with
      the processing of the EOI, as provided for in Schedule 5.


4.2   Where the Trustee has provided in Schedule 3 that the Potential Lessee must satisfy native
      title requirements prior to the registration of the Lease, the Potential Lessee must bear all
      costs associated meeting these requirements.


      For example: An ILUA may be required therefore the Potential Lessee must bear the native title party’s
      costs associated with the ILUA, unless agreed otherwise with the native title party.


4.3   The Potential Lessee will pay all costs associated with the lodgement and registration of the
      Lease, as provided for in Schedule 5.


5.    Potential Lessee’s Obligations


5.1   The Potential Lessee will be required to comply with the Lease (Form 7) and the associated
      conditions (Form 20) contained in Schedule 6. The Potential Lessee is entitled to propose
      amendments to the conditions of the lease outlined in Form 20 if the condition is identified as
      a negotiable condition.


5.2   Where the Trustee has provided in Schedule 3 that there are native title requirements to be
      addressed prior to the execution and registration of the Lease, the Potential Lessee must
      comply with those requirements to the satisfaction of the Trustee, including that an ILUA be
      registered with the National Native Title Tribunal before it can be relied upon.


5.3   Where the Trustee has provided in Schedule 4 that the Land is required to be surveyed in
      order to meet registration requirements, the Potential Lessee must survey the Land and
      provide a copy of the survey to the Trustee within 180 days of commencement of this
      Agreement.


6.    Works on the Land


6.1   The Potential Lessee will not commence any Works on the Land prior to the grant of the
      Lease.


6.2   The value of any Works done in contravention of clause 6.1 shall be forfeited by the Potential
      Lessee in the event that the Lease is not granted and the Trustee may require the Potential
      Lessee to rectify the Works.


7.    Consideration Payable under Lease


7.1   The Potential Lessee must pay the consideration payable for the Lease as a lump sum, as
      provided for in Schedule 5, to the Trustee upon demand prior to the execution of the Lease.
7.2   Where there is a private residential premises (a dwelling) on the Land, the consideration
      payable will take into account the value of this private residential premises.


8.    Rent Payable under Lease


8.1   The Potential Lessee must pay the rent in accordance with the Lease and as provided for in
      Schedule 5.


9.    Statutory Obligations


9.1   The Parties agree to comply with all other statutory obligations to give effect to this
      Agreement.
EXECUTED AS A DEED




Signed by [Insert name of Trustee]
as trustee for the [Insert name of trust]             ___________________
this                     day of               20__          (signature)
in the presence of




Witness :_________________________________            ___________________
             (print name)                                   (signature)




Signed by [Insert name of Potential lessee]
                                                      ___________________
this                     day of               20___         (signature)
in the presence of




Witness :_________________________________            ___________________
             (print name)                                   (signature)
Schedule 1


Reference Schedule

Item 1 – Trustee’s details

          Name

          Contact
          position

          Address

          Phone No

          Fax No




Item 2 – Potential Lessee’s Details

          Name

          Address

          Phone No

          Fax No




Item 3 – Land Details

          Description
          i.e. Lot/plan
          details



          Address




Item 4 - Date

          Date of
          Agreement
Schedule 2


Trustee Confirmations

The Trustee confirms that actions have been undertaken to confirm that:


    A. The Potential Lessee is eligible to be granted a private residential lease on Aboriginal DOGIT
       land.


    B. The Trustee considers that the grant of the lease would be for the benefit of persons for whom
       the Trustee holds the land.


    C. The Trustee has explained to the Aboriginal people particularly concerned with the land the
       nature, purpose and effect of the grant of the lease and these people are generally in
       agreement with the grant of the lease.


    D. The Land Panel (being the forum established under the Local Government Act 1993 to advise
       the regional council about land use) has been consulted on the grant of the lease (for the
       Injinoo, New Mapoon and Umagico divisions of the Northern Peninsula Area Regional Council
       only).


    E. The local government has granted development approval to reconfigure the DOGIT.


    F. There is no existing interest in the land proposed to be leased.
Schedule 3


Native Title Requirements

Outcome of native title assessment



_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________




Trustee requirement of Potential Lessee regarding the native title assessment

_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
___________________________________________________________________




Potential Lessee reporting requirements
[Insert timetable for reports from Potential Lessee to Trustee describing progress in fulfilling native title
requirements]


_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
___________________________________________________________________
Schedule 4


Survey Requirements

To register a lease with DERM the lease boundaries must be suitably surveyed.


Is the land suitably surveyed (Yes)             (No)




If (No), survey is required to a standard to satisfy registration requirements.
Schedule 5


Costs


1. Valuation Information

(Trustee to Annex copy of valuation/s here)


1.1 Land Valuation

Using the valuation methodology decided by the DERM Chief Executive in accordance with section
40J(1)(a)(iii) of the ALA the Trustee has determined that the value of the land is:



[Insert amount $XXX,XXX and amount in words]




1.2 Existing Dwelling Valuation:

Using the valuation methodology agreed to by the DoH Chief Executive in accordance with section
40K(6) of the ALA the Trustee has determined the value of the existing private residential premises on
the Land is:.


[Insert amount $XXX,XXX and amount in words]




2. Consideration

Consideration payable by the Potential Lessee is equal to the value of the land plus the value of any
existing dwelling, as described in 1.1 and 1.2 above:


[Insert amount $XXX,XXX and amount in words]




3. Rent

The annual rent payable under the Lease, as determined by the Trustee, is:


$1.00 (one dollar) per annum, payable on demand.
4. Services provided to the Land

Trustee to identify services (eg water, sewerage, waste collection) the local government will provide to
the leased land, and the estimated annual costs of these services.




5. Lease Registration costs

[Trustee to insert the requirements of and costs associated with registering the lease].




6. Processing EOI

Trustee to identify costs, if any, associated with processing the EOI.
Schedule 6

Lease Form 7 and Form 20

								
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