Northern Territory Numbered Acts Northern Territory Numbered ActsSection 117C
repeal, insert
(1) The Minister may issue guidelines for this Act.
(2) Any guidelines must be published on the Agency's website.
(1) Subject to subsection (3), this section applies in relation to any proceedings under this Act in which a court or the Tribunal has the ability:
(a) to order a party to the proceedings to provide security for the payment of costs that may be awarded against the party if the party's case is unsuccessful; or
(b) to order a party to the proceedings to give an undertaking as to the payment of any amount that may be awarded as damages or compensation; or
(c) to make an order as to costs.
(2) Without limiting any other discretion, a court or the Tribunal may, in any proceedings where the it considers a party to be acting in the public interest, determine not to do one or more of the following:
(a) require security for the payment costs;
(b) require an undertaking as to the payment of any amount that may be awarded as damages or compensation;
(c) require the payment of costs.
(3) This section does not apply in relation to criminal proceedings.
(1) A failure by the Minister or other person exercising a power or performing a function under this Act to publish a decision, or to give reasons for a decision, in accordance with a requirement under this Act does not affect the validity of the decision.
(2) The Minister or other person exercising a power or performing a function under this Act may publish a decision, or give reasons for a decision, even if the time specified for doing so under this Act has expired.
(1) In a proceeding for an offence against this Act, a statement of fact may be made in a complaint or information as evidence in respect of the following physical elements of the offence:
(a) that a specified person was or was not, at a specified time, the holder of a petroleum interest;
(b) that a petroleum interest was or was not, at a specified time, subject to a condition or limitation and the nature of the condition or limitation;
(c) that a specified notice, order, direction or requirement had been given, made, issued or imposed under this Act;
(d) that a person was or was not authorised to exercise a power or perform a function under this Act;
(e) that a specified code of practice was an approved code of practice at a specified time.
(2) In a proceeding for an offence against this Act, a statement of fact may be made in a complaint or information as evidence that, at a specified time, a specified person was an inspector.
(1) A certificate purporting to be signed by the CEO or an inspector specifying a matter referred to in section 117F(1) is evidence of the matter specified in the certificate.
(2) A certificate purporting to be signed by the CEO specifying that a specified person was at a specified time an inspector is evidence of the matter specified in the certificate.
(3) A certificate that purports to be signed by an authorised analyst and states the analysis of a substance received from an inspector or the CEO is evidence of the matters specified in the certificate.
(4) In any proceedings for the recovery of costs or expenses incurred by the Minister or the CEO under this Act, a certificate signed by the Minister or the CEO detailing the costs or expenses and the purpose for which they were incurred is evidence of the matters so certified.
Section 69A of the Summary Offences Act 1923 does not apply to a provision of this Act to which, apart from this section, it would otherwise apply.
(1) The Minister may approve forms for this Act.
(2) The Minister must publish an approved form on the Agency's website.
(1) The regulations may make provision for or in relation to:
(a) the lodging of applications, instruments, notices and other documents electronically; and
(b) the use of electronic instruments and other documents for any purpose under this Act; and
(c) the provision of approvals, instruments, notices and other documents electronically; and
(d) allowing the originals or copies of applications, approvals, instruments, notices and other documents to be provided or returned electronically; and
(e) requirements for taking any step under this Act electronically, including requirements about the verification of identity or authority, the authentication of information, documents and other matters, the signing or execution of documents and instruments, and the endorsement of documents or approvals; and
(f) requirements for the retention of documents supporting or authenticating electronic documents, including periods of retention; and
(g) other matters associated with allowing any step, process or requirement under this Act to be undertaken electronically.
(2) To the extent that the regulations provide for a step under this Act to be taken electronically, taking the step electronically in accordance with the regulations will be taken to be acting under and in compliance with the relevant provision of this Act.
(1) The Minister or the CEO may engage a person to give advice in relation to:
(a) any application made, or assessment to be undertaken, under this Act; or
(b) any plan, proposal, material, information or documents given to the Minister or the CEO:
(i) by an interest holder, or by a person who has applied to become an interest holder; or
(ii) by any other person under, or for the purposes of, this Act.
(2) The Minister or the CEO must consult with an applicant or other person before acting under subsection (1) if the Minister or CEO proposes that the applicant or other person is to be required to pay the costs of an engagement under that subsection.
(1) The CEO may recover:
(a) from an applicant or other person mentioned in section 117L(2) the cost of the engagement by the Minister or the CEO of a person under that section to give the advice envisaged by that section; or
(b) from an interest holder, or from a person who has applied to become an interest holder, any costs reasonably incurred by the Minister or the CEO in connection with taking any step or performing any function that directly relates to that interest holder or potential interest holder.
(2) An amount is not recoverable under subsection (1)(b) to the extent that it appears to the CEO that the cost of taking a step or performing a function was covered by a prescribed fee or charge prescribed by the regulations in relation to the same matter.
(3) The CEO may recover the costs as a debt due and payable to the Territory.
(1) A person is not civilly liable for an act done or omitted to be done by the person in good faith in the exercise of a power or the performance of a function as any of the following:
(a) an inspector;
(b) a person assisting an inspector under Part III.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) In this section:
"exercise "of a power includes the purported exercise of the power.
"performance "of a function includes the purported performance of the function.
The CEO may, by Gazette notice, appoint an appropriately qualified person to be an authorised analyst for the purposes of this Act.
(1) The Environment Minister may exercise the powers and perform the functions conferred under the following provisions if the Environment Minister considers that to do so is appropriate for promoting one or more of the objects and outcomes set out in section 3(1)(b) and (c) and (2)(f):
(a) section 71;
(b) section 77
(c) section 117AA;
(d) section 117ABE;
(e) section 117ABG;
(f) section 117AP;
(g) section 117AZV;
(h) section 117C;
(i) section 117G;
(j) section 117J;
(k) section 117L;
(l) section 117R;
(m) any other provision or regulation specified in an Administrative Arrangements Order.
(2) The Environment CEO may exercise the powers and perform the functions conferred under the following provisions if the Environment CEO considers that to do so is appropriate for promoting one or more of the objects and outcomes set out in section 3(1)(b) and (c) and (2)(f):
(a) section 72;
(b) section 87;
(c) section 88;
(d) section 89B(4);
(e) section 89D;
(f) section 89L(4);
(g) section 89N;
(h) section 89R;
(i) section 89W;
(j) section 89ZA;
(k) section 116(2);
(l) section 117AAE;
(m) section 117AA;
(n) section 117ABE;
(o) section 117ABG;
(p) section 117ABM;
(q) section 117ABN;
(r) section 117ABP;
(s) section 117ABQ;
(t) section 117ABR;
(u) section 117ABS
(v) section 117ABT;
(w) section 117ABV;
(x) section 117ABW;
(y) section 117ABX;
(z) section 117ABZA;
(za) section 117AZC;
(zb) section 117G;
(zc) section 117L;
(zd) section 117M;
(ze) section 117P;
(zf) section 117S;
(zg) any other provision or regulation specified by regulation.
(3) Nothing in subsection (1) or (2) limits the power or functions of the Minister responsible for the administration of this Act or the CEO from acting under a provision referred to in either of those subsections and the fact that the Minister or the CEO has acted does not prevent the Environment Minister or the Environment CEO from also acting.
(4) A person with powers or functions under provisions specified in subsection (1) or (2) must take reasonable steps to consult with the other person with the same powers or functions before exercising the power or performing the function if it appears that:
(a) both persons intend to exercise a power or perform a function under the same provision in relation to the same matter; or
(b) one person intends to exercise a power or perform a function under the same provision in relation to the same matter for which the other person has already exercised the power or performed the function.
(5) In the event of a conflict between an exercise of power by the Minister and the Environment Minister, the CEO and the Environment CEO, or an inspector and an environment inspector, the exercise of the power by the Environment Minister, the Environment CEO or an environment inspector prevails to the extent of the conflict.
(6) For the purposes of subsection (5), a conflict only exists if a person cannot comply with the power exercised or the function performed by both persons.
(7) In this section:
"environment inspector "means an inspector appointed by the Environment CEO under section 87.
The Minister may delegate any of the Minister's powers and functions under this Act to a person.
The CEO may delegate any of the CEO's powers and functions under this Act to a person.
(1) A person permitted by section 24MD(6B)(d) of the Native Title Act to object to an act in section 24MD(6B)(b) of the Native Title Act may apply to the Tribunal for a hearing and recommendation in relation to the objection.
(2) For section 24MD(6B)(f) of the Native Title Act:
(a) the Tribunal is an independent body that may hear the application; and
(b) the application is taken to be the request for a hearing by an independent body.