Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 25AK
insert
(1) Subject to subsection (2), this section has effect despite any law of the Territory.
(2) Nothing in this section prevents the carrying out in a joint management park or reserve or in a wilderness zone that is in a joint management park or reserve of:
(a) the exploration for, or recovery or processing of, minerals under and in accordance with the conditions of a mining interest; or
(b) an activity permitted, or the exercising of a right or power conferred or continued in force, by or under the Mineral Titles Act 2010 , the Petroleum Act 1984 or section 18A of the Petroleum (Submerged Lands) Act 1981 in relation to a mining interest.
(3) Subject to subsection (4), the following activities may not be carried out in a joint management park or reserve except in accordance with the joint management plan for the park or reserve or an authorisation granted under section 25AKB for the park or reserve:
(a) excavation;
(b) erection of a building or other structure;
(c) works;
(d) felling or taking of timber.
(4) If no joint management plan is in force in relation to a joint management park or reserve, subsection (3) does not prevent the Commission from preserving or protecting the park or reserve, protecting or conserving wildlife in the park or reserve, controlling authorised scientific research or protecting persons or property in the park or reserve, provided that the activity is not inconsistent with the relevant agreements for the park or reserve.
(5) A wilderness zone that is in a joint management park or reserve is to be maintained in its natural state and must be used only for purposes specified in the joint management plan relating to the wilderness zone, but this subsection does not prohibit anything done by the Commission in accordance with subsection (6).
(6) Despite subsection (4), the following may only be carried out in a wilderness zone that is in a joint management park or reserve by the Commission in accordance with the joint management plan, the relevant agreements or an authorisation granted under section 25AKB relating to the park or reserve:
(a) excavation;
(b) erection of a building or other structure;
(c) works;
(d) felling or taking of timber;
(e) establishment of tracks;
(f) use of a vehicle, aircraft or vessel.
(7) To avoid doubt, this section is not intended to limit the exercise of the following in a joint management park or reserve:
(a) rights of Aboriginal persons under section 122;
(b) traditional rights to use Aboriginal land as mentioned in section 71 of the ALRA, except to the extent of any limitation imposed in accordance with that Act;
(c) native title rights and interests as defined in section 223 of the Native Title Act 1993 (Cth), except to the extent of any limitation imposed in accordance with that Act.
(1) Subject to subsections (2) and (3), the joint management partners for a joint management park or reserve may authorise the use and development of land in the park or reserve for any of the following purposes:
(a) conservation;
(b) education;
(c) hospitality;
(d) retail;
(e) tourism;
(f) Aboriginal community living area;
(g) any purpose that promotes the protection or presentation of the park or reserve.
(2) The use and development of land may be authorised under this section if there is no joint management plan in force in respect of the land.
(3) If there is a joint management plan in force in respect of the land, the use and development must not be inconsistent with the plan.
(4) The joint management partners for a joint management park or reserve may use and develop land in the park or reserve for a purpose mentioned in subsection (1) without an authorisation if the use or development is not inconsistent with any of the following that are in force for the park or reserve:
(a) the relevant agreements;
(b) the joint management plan;
(c) if there is no joint management plan – any agreement under section 25AK(3).
(5) This section does not give the power to authorise the subdivision of land.
Note for section 25AKB
The use and development of land includes a wide variety of activities, including constructing campgrounds, roads and structures and other activities that alter land.
(1) A person may apply to the joint management partners for a joint management park or reserve for authorisation to use or develop land in the park or reserve for any purpose specified in section 25AKB(1).
(2) The application must be:
(a) in a form approved by the joint management partners; and
(b) accompanied by any fee determined by the joint management partners.
(1) Before deciding whether to authorise a use or development of land within a joint management park or reserve under section 25AKB, the joint management partners must consider the following:
(a) the objective of joint management mentioned in section 25AB;
(b) the principles of joint management mentioned in section 25AC;
(c) the principles of management mentioned in section 31;
(d) any joint management plan in force in respect of the land;
(e) the views of traditional Aboriginal owners or native title holders within the meaning of the Native Title Act 1993 of the affected land;
(f) any other matters the joint management partners consider relevant.
(2) The joint management partners must not authorise any use or development of land in a joint management park or reserve that is inconsistent with any joint management plan or any relevant agreements for the park or reserve.
(3) Unless justified in the circumstances, the joint management partners must not authorise a person found guilty of an offence related to the environment, wildlife or the use or development of land within the 5 year period immediately before the person applies for the authorisation.
(4) An authorisation must be in a form approved by the joint management partners.
(1) An authorisation under section 25AKB is subject to any terms and conditions specified by the joint management partners for the relevant joint management park or reserve and specified in the authorisation.
(2) It is a condition of an authorisation that the holder of the authorisation and each person employed or otherwise engaged by the holder of the authorisation complies with the authorisation and this Act.
(3) In the event of an inconsistency between this Act and a term or condition specified in an authorisation, the Act prevails.
(1) The joint management partners for a joint management park or reserve may, by written notice to the holder of an authorisation under section 25AKB, vary a term or condition of the authorisation if the partners consider it appropriate.
(2) The variation may be made on:
(a) the initiative of the joint management partners; or
(b) the application by the holder of the authorisation.
(3) An application under subsection (2)(b) must be in a form approved by the joint management partners.
(4) A variation may add, substitute or delete a term or condition of an authorisation.
(5) A variation of an authorisation takes effect on the later of the following:
(a) the date the notice of the variation is served on the holder of the authorisation;
(b) the date specified in the notice.
(1) The joint management partners for a joint management park or reserve may, by written notice to the holder of an authorisation under section 25AKB, cancel the authorisation if the holder:
(a) fails to pay a fee or royalty required under the authorisation; or
(b) is found guilty of an offence against this Act or a regulation or by-law made under this Act; or
(c) pays a prescribed amount under an infringement notice issued under the regulations or by-laws; or
(d) contravenes any term or condition of the authorisation; or
(e) requests in writing that the authorisation be cancelled.
(2) The cancellation of the authorisation takes effect on the date specified in the notice.
(1) The joint management partners for a joint management park or reserve may, by written notice, approve the transfer of an authorisation under section 25AKB.
(2) The holder of an authorisation under section 25AKB may apply to the joint management partners to approve the transfer of the authorisation, in a form approved by the joint management partners.
(3) A transfer of an authorisation takes effect on the later of the following:
(a) the date the notice of the approval is served on the holder of the authorisation;
(b) the date specified for that purpose in the notice.
(1) The following persons must not contravene an authorisation under section 25AKB:
(a) the holder of the authorisation;
(b) a person employed or otherwise engaged by the holder of the authorisation to use or develop land in a joint management park or reserve under the authorisation.
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is a regulatory offence.
(1) A person must not use or develop land in a joint management park or reserve unless authorised or otherwise permitted to do so under this Act or any by-laws that apply to the park or reserve.
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is a regulatory offence.