Northern Territory Numbered Acts

PARKS AND WATER LEGISLATION AMENDMENT ACT 2024 (NO 13 OF 2024) - SECT 15

After section 25AP

insert

Division 6A     Application of Territory Parks and Wildlife Conservation By-laws 1984

25APA     Application of By-laws to joint management parks and reserves

    (1)     Subject to subsections (2) to (5), the Territory Parks and Wildlife Conservation By-laws 1984 , as in force from time to time, apply in relation to each joint management park and reserve and are taken to have always applied in relation to each joint management park and reserve, to the extent the By-laws are not inconsistent with a by-law made for a joint management park or reserve under section 25AQ.

    (2)     In the application of the Territory Parks and Wildlife Conservation By-laws 1984 in relation to a joint management park or reserve:

    (a)     a reference to the plan of management for the park or reserve is taken to be a reference to the joint management plan for the park or reserve; and

    (b)     a reference to an authorisation under section 21A is taken to be a reference to an authorisation under section 25AKB.

    (3)     The Commission must not grant a permit under the Territory Parks and Wildlife Conservation By-laws 1984 that authorises the carrying out of trade or commerce or a public event in a joint management park or reserve unless the grant of the permit is:

    (a)     consistent with the processes for management of the park or reserve under the joint management plan for the park or reserve; or

    (b)     if there is no joint management plan for the park or reserve – consistent with section 25AK.

Note for subsection (3)(b)

Section 25AK provides for the management of a joint management park or reserve before the first joint management plan for the park or reserve comes into operation and allows the joint management partners and the Land Council for the park or reserve to agree on a process to deal with particular issues concerning the management of the park or reserve.

    (4)     Despite section 99 and any by-law in the Territory Parks and Wildlife Conservation By-laws 1984 that relates to reviews of decisions made under those By-laws, a decision made under the By-laws that relates to the issue of or refusal to issue a permit in relation to a joint management park or reserve is not a reviewable decision.

    (5)     The Territory Parks and Wildlife Conservation By-laws 1984 cease to have effect in relation to a joint management park or reserve on the earlier of the following:

    (a)     the day specified in a by-law made for the park or reserve under section 25AQ;

    (b)     the day prescribed by regulation.

25APB     Validation

    (1)     Anything done or purported to have been done under the Territory Parks and Wildlife Conservation By-laws 1984 in relation to a joint management park or reserve before the commencement of this Division is taken to be valid and to always have been valid.

    (2)     Without limiting subsection (1), a thing done or purported to have been done under the Territory Parks and Wildlife Conservation By-laws 1984 includes the following:

    (a)     the erection of signage;

    (b)     the issue or purported issue of a permit, declaration, notice, approval, prohibition, designation or determination by the Commission;

    (c)     the issue or purported issue of an infringement notice;

    (d)     the taking or purported taking of any action in relation to an offence committed, or alleged to have been committed, against the By-laws.