NATIONAL PARKS AND WILDLIFE CONSERVATION ACT 1975- Reprinted as at 31
October 1989
*1* The National Parks and Wildlife Conservation Act 1975 as shown in this
reprint comprises Act No. 12, 1975 amended as indicated in the Tables below.
Act Number Date Date of Applicatio
n,
and year of Assent commencement saving
or transit
ional
provisions
-------------------------------------------------------------------------------
National Parks and
Wildlife Conservation
Act 1975 12, 1975 13 Mar 1975 13 Mar 1975
National Parks and
Wildlife Conservation
Amendment Act 1978 29, 1978 9 June 1978 9 June 1978 -
Administrative Changes
(Consequential
Provisions) Act 1978 36, 1978 12 June
1978 12 June 1978 S. 8
National Parks and
Wildlife Conservation
Amendment Act 1979 42, 1979 14 June
1979 14 June 1979 -
Australian Federal Police
(Consequential
Amendments) Act 1979 155, 1979 28 Nov 1979 19 Oct 1979 (see
s. 2 and Gazette
1979, No. S206, p.
1) -
Australian Federal Police
(Consequential
Amendments) Act 1980 70, 1980 28 May 1980 28 May 1980 -
Public Service Acts
Amendment Act 1982 111, 1982 5 Nov 1982 S. 93: Royal
Assent (a) -
Australian Government
Solicitor (Consequential
Amendments) Act 1984 10, 1984 10 Apr 1984 1 July 1984 (see
s. 2 (1) and
Gazette 1984, No.
S231, p. 1) S. 4 (1)
Public Service Reform
Act 1984 63, 1984 25 June
1984 S. 151 (1): 1 July
1984 (see Gazette
1984, No. S245, p.
1) (b) S. 151<(9)
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1984 72, 1984 25 June
1984 S. 3: 23 July 1984
(c) S. 5 (1)
National Parks and
Wildlife Conservation
Amendment Act 1985 94, 1985 2 Sept
1985 2 Sept 1985 S. 11 (2) and
(3)
Statute Law
(Miscellaneous
Provisions) Act (No. 1)
1986 76, 1986 24 June
1986 S. 3: (d) S. 9
National Parks and
Wildlife Conservation
Amendment Act 1987 15, 1987 18 May
1987 18 May 1987 S. 7
National Parks and
Wildlife Conservation
Amendment Act
(No. 2) 1987 16, 1987 18 May
1987 18 May 1987 (see
s. 2) S. 7
Statute Law
(Miscellaneous
Provisions) Act 1988 38, 1988 3 June
1988 S. 3: Royal Assent
(e) S. 5 (1)
Lands Acquisition (Repeal
and Consequential
Provisions) Act 1989 21, 1989 20 Apr
1989 9 June 1989 (see
s. 2 and Gazette
1989, No. S185, p.
1) -
-------------------------------------------------------------------------------
-
(a) The National Parks and Wildlife Conservation Act 1975 was amended by
section 93 only of the Public Service Acts Amendment Act 1982, subsection 2
(1) of which provides as follows:
"(1) Sections 1, 2 and 3, sub-section 4 (2), sections 7, 8, 9, 10, 11, 12,
16 and 17, sub-sections 18 (1) and 25 (1), sections 28, 44, 45, 46, 47, 48,
52, 57, 68, and 72, sub-section 74 (2), sections 75, 77 and 82 and Part IV
(other than sections 89, 90, 94 and 95) shall come into operation on the day
on which this Act receives the Royal Assent."
(b) The National Parks and Wildlife Conservation Act 1975 was amended by
subsection 151 (1) only of the Public Service Reform Act 1984, subsection 2 (4)
of which provides as follows:
"(4) The remaining provisions of this Act shall come into operation on
such day as is, or on such respective days as are, fixed by Proclamation."
(c) The National Parks and Wildlife Conservation Act 1975 was amended by
section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984,
subsection 2 (1) of which provides as follows:
"(1) Subject to this section, this Act shall come into operation on the
twenty-eighth day after the day on which it receives the Royal Assent."
(d) The National Parks and Wildlife Conservation Act 1975 was amended by
section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986,
subsection 2 (15) of which provides as follows:
"(15) The amendment of the National Parks and Wildlife Conservation Act
1975 made by this Act shall be deemed to have come into operation on 2 Septembe
r
1985."
(e) The National Parks and Wildlife Conservation Act 1975 was amended by
section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988,
subsection 2 (1) of which provides as follows:
Section
1. Short title
2. Commencement
3. Interpretation
3A. Operations for the recovery of minerals
4. Extension of Act to external Territories
5. Act binds the Crown
PART II-PARKS AND RESERVES
6. Object of this Part
7. Parks and reserves established by Governor-General
8. Registration of changes in title to land
8A. Conservation zones
8B. Existing interests etc. in parks and reserves
8C. Townships in the Region
8D. Township at Jabiru
9. Restriction of disposal etc. of land in parks and reserves
10. Mining, works, forestry, etc., in parks, reserves and
wilderness zones
11. Plans of management
12. Plan of management to be laid before Parliament
13. Amendment or revocation of plan of management
14. Director to comply with plan of management
14A. Disagreement between the Director and Board over implementation
of plan of management
PART IIA-BOARDS
14B. Interpretation
14C. Boards
14D. Functions of Boards
14E. Appointment of members of Boards
14F. Tenure of office
14G. Deputy members
14H. Presiding members
14J. Disclosure of interests
14K. Meetings
PART III-THE DIRECTOR OF NATIONAL PARKS AND WILDLIFE
15. Director of National Parks and Wildlife
16. Functions
17. Powers
17A. Director may obtain information and documents in relation to
the Region
17B. Director to have access to buildings and places in the Region
17C. Application to Supreme Court for order with respect to
information or documents
17D. Application to Supreme Court for order with respect to access
17E. Secrecy
17F. Application of Aboriginal Land Rights (Northern Territory) Act
18. Co-operation with Aboriginals
19. Wildlife conservation programs
20. Delegation
21. Contracts and leases
22. Appointment of Director
23. Qualifications
24. Term of office
25. Remuneration and allowances
26. Leave of absence
27. Resignation
28. Termination of office
29. Acting Director
30. Powers etc. of Acting Director
PART IV-ADMINISTRATION
33. Establishment of Service
34. Constitution of Service
35. Performance of services by other persons
36. Officers and employees of governments and authorities
37. Appointment of wardens and rangers
38. Wardens ex officio
39. Identity cards
40. Arrest without warrant
41. Confiscation and forfeiture
42. General powers of wardens and rangers
43. Assaulting etc. warden or ranger
44. Personation
PART V-FINANCE
45. Establishment of Fund
46. Payments to Fund and to Consolidated Revenue Fund
47. Bank accounts
48. Application of moneys
49. No borrowing or investment
50. Estimates
51. Proper accounts to be kept
52. Annual reports
53. Audit
54. Exemption from taxation
PART VI-TRANSFER OF CERTAIN OFFICERS AND EMPLOYEES
55. Interpretation
56. Incorporation with Public Service Act
57. Arrangement for transfer
58. Right to elect to transfer
59. Appointment to Public Service
60. Temporary employment in Public Service
61. Rate of remuneration
62. Prior service reckoned as service in Public Service
63. Accrued recreation or sick leave
64. Special conditions of employment
PART VII-MISCELLANEOUS
65. Averment in relation to parks, reserves and conservation zones
67. Prosecution of offences
68. Changes in office of Director
69. International agreeements
70. Traditional use of land and water by Aboriginals
71. Regulations
SCHEDULE
AGREEMENTS BETWEEN AUSTRALIA AND OTHER COUNTRIES
LONG TITLE
NPWC 75/89(2) IDX
An Act to make provision for and in relation to the Establishment of
National Parks and other Parks and Reserves and the Protection and
Conservation of
Wildlife
PART I-PRELIMINARY
SECT 1 Short title
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
1. This Act may be cited as the National Parks and Wildlife
Conservation Act 1975.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SECT 2 Commencement
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
2. This Act shall come into operation on the day on which it receives
the Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SECT 3 Interpretation
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
3. (1) In this Act, unless the contrary intention appears-
"Aboriginal" means a member of the Aboriginal race of Australia and
includes a Torres Strait Islander;
"Aboriginal land" means land situated in the Region, being land in
which an Aboriginal Land Trust established under the Aboriginal Land
Rights (Northern Territory) Act 1976 holds an estate in fee simple;
"agreement" includes a treaty or convention;
"aircraft" means a machine or apparatus that can derive support in the
atmosphere from the reactions of the air or from buoyancy, but does not
include a hovercraft;
"animal" means any member, alive or dead, of the animal kingdom (other
than man), and includes-
(a) eggs or parts of eggs; and
(b) the skin, feathers, horns, shell or any other part of an
animal;
"article" includes a substance or a mixture of substances;
"Australia" includes the external Territories to which this Act
extends;
"Australian coastal sea" means any sea or waters the sovereignty in
respect of which is declared by the Seas and Submerged Lands Act 1973 to
be vested in the Crown in right of the Commonwealth, but does not
include any waters referred to in section 14 of that Act;
"Conservation Commission" means the Conservation Commission of the
Northern Territory established by the Conservation Commission Act 1980
of the Northern Territory;
"conservation zone" means a conservation zone declared under section
8A;
"continental shelf of Australia" has the same meaning as in the Seas
and Submerged Lands Act 1973;
"Director" means the Director of National Parks and Wildlife;
"Fund" means the Fund established by this Act;
"hovercraft" means a vehicle designed to be supported on a cushion of
air;
"interest" means any legal or equitable interest, including any
estate, right, title, claim, charge, encumbrance, power, privilege,
authority, licence or permit;
"Kakadu National Park" means the area for the time being declared
under section 7 to be the park of that name;
"mineral" means a naturally occurring substance or mixture of
substances;
"park" means a park declared under section 7;
"plan of management" means a plan of management in force under section
12;
"plant" means any member, alive or dead, of the plant kingdom or of
the fungus kingdom, and includes seeds and parts of plants;
"prescribed park or reserve" means-
(a) the Uluru (Ayers Rock-Mt. Olga) National Park; and
(b) any other park or reserve declared by the regulations to be a
prescribed park or reserve for the purposes of this definition;
"ranger" means a person appointed as a ranger under section 37;
"Region" means-
(a) so much of the Alligator Rivers Region, within the meaning of
the
definition of that Region in the Environment Protection (Alligator
Rivers Region) Act 1978, as does not include-
(i) the area shown as the Arnhem Land Aboriginal Reserve on the
map
referred to in that definition; and
(ii) the areas (being pastoral leases) described on that map as
Mount
Bundey and Eva Valley; and
(b) the area of land described under the heading "Uluru" in
Schedule 1
to the Aboriginal Land Rights (Northern Territory) Act 1976;
"reserve" means a reserve declared under section 7;
"right" does not include sovereign rights;
"Service" means the Australian National Parks and Wildlife Service
established by this Act;
"Territory" means an internal Territory or an external Territory to
which this Act extends;
"Territory Commission" means the Conservation Commission of the
Northern Territory established by the Conservation Commission Act 1980
of the Northern Territory;
"this Act" includes the regulations;
"traditional Aboriginal owners" has the same meaning as in the
Aboriginal Land Rights (Northern Territory) Act 1976;
"uranium mining operations" has the same meaning as in the Environment
Protection (Northern Territory Supreme Court) Act 1978;
"vehicle" includes a hovercraft;
"vessel" means a ship, boat, raft or pontoon or any other thing
capable of carrying persons or goods through or on water, but does not
include a hovercraft;
"warden" means-
(a) a person appointed as a warden under section 37; or
(b) a person referred to in section 38;
"wilderness zone" means a wilderness zone declared under section 7;
"wildlife" means-
(a) animals and plants that are indigenous to Australia;
(b) animals and plants that are indigenous to the Australian
coastal sea
or the sea-bed and subsoil beneath that sea;
(c) animals and plants that are indigenous to the continental shelf
of
Australia or the superjacent waters;
(d) migratory animals that periodically or occasionally visit
Australia,
the Australian coastal sea or the sea over the continental shelf of
Australia;
(e) animals and plants of a kind introduced into Australia,
directly or
indirectly, by Aboriginals before the year 1788; and
(f) such other animals and plants, not being domesticated animals
or
cultivated plants, as are prescribed.
(2) In this Act, a reference to the sea-bed includes a reference to
the surface of any coral formation, and a reference to the subsoil
includes a reference to the coral beneath the surface of any such
formation.
(3) In this Act, a reference to public notice is a reference to notice
published-
(a) in the Gazette;
(b) in a local newspaper, if any, circulating in the area
concerned; and
(c) in each State and Territory, in a newspaper circulating
throughout that State or Territory.
SECT 3A Operations for the recovery of minerals
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
3A. (1) In this Act, subject to subsection (2), "operations for the
recovery of minerals" means any operations or activities for or in
connection with, or incidental to, the mining (whether by underground or
surface working) or recovery of minerals or the production of material
from minerals and, in particular, without limiting the generality of the
foregoing, includes:
(a) prospecting and exploration for minerals, the milling,
refining, treatment and processing of minerals and the handling,
transportation, storage and disposal of minerals and of material
produced from minerals; and
(b) the construction and use of towns, camps, dams, pipelines,
power lines or other structures, and the performance of any other work,
for the purposes of any such operations or activities.
(2) In this Act, "operations for the recovery of minerals" does not
include:
(a) anything done for the purposes of building or construction, or
the supply of water, in a park or reserve, unless those purposes are
connected with, or incidental to, operations for the recovery of
minerals;
(b) the transportation of anything in the Kakadu National Park
along routes (including air routes) prescribed for the purposes of this
paragraph;
(c) the construction and use of pipelines and power lines in Kakadu
National Park along routes prescribed for the purposes of this
paragraph; or
(d) prescribed activities carried on in Kakadu National Park in
connection with, or incidental to, operations for the recovery of
minerals carried on outside Kakadu National Park.
SECT 4 Extension of Act to external Territories
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
4. This Act extends to every external Territory.
SECT 5 Act binds the Crown
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
5. This Act binds the Crown in right of the Commonwealth or of a
State.
PART II-PARKS AND RESERVES
SECT 6 Object of this Part
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
6. (1) The object of this Part is to make provision for the
establishment and management of parks and reserves-
(a) appropriate to be established by the Commonwealth Government,
having regard to its status as a national government;
(b) in the Territories;
(c) in the Australian coastal sea;
(d) for purposes related to the rights (including sovereign rights)
and obligations of Australia in relation to the continental shelf of
Australia;
(e) for facilitating the carrying out by Australia of obligations
under, or exercise by Australia of rights under, agreements between
Australia and other countries; or
(f) conducive to the encouragement of tourism between the States
and between other countries and Australia,
and this Act shall be administered accordingly.
(2) Land in a State shall not, without the consent of the State, be
acquired by the Commonwealth for the purposes of this Part if it is land
that is dedicated or reserved under a law of the State for purposes
related to nature conservation or the protection of areas of historical,
archaeological or geological importance or of areas having special
significance in relation to Aboriginals.
(3) Land in the Northern Territory, other than land in the Uluru
(Ayers Rock-Mt. Olga) National Park or in the Alligator Rivers Region as
defined by the Environment Protection (Alligator Rivers Region) Act
1978, shall not, without the consent of the Territory, be acquired by
the Commonwealth for the purposes of this Part if it is land that is
dedicated or reserved under a law of the Territory for purposes related
to nature conservation or the protection of areas of historical,
archaeological or geological importance or of areas having special
significance in relation to Aboriginals.
SECT 7 Parks and reserves established by Governor-General
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
7. (1) In this section, "area" means-
(a) an area of land owned or held under lease by the Commonwealth,
including any such area that has been dedicated or reserved under a law
of a Territory for the purposes of a national park, nature reserve,
protected area or wildlife sanctuary or for similar purposes;
(aa) an area of Aboriginal land held under lease by the Director;
(b) an area of the Australian coastal sea in respect of the sea-bed
and subsoil beneath which no interest is vested in a person other than
the Commonwealth;
(c) an area of sea over a part of the continental shelf of
Australia in respect of which no interest is vested in a person other
than the Commonwealth; or
(d) an area of land or sea outside the Australian coastal sea in
respect of which Australia has, under an agreement between Australia and
any other country or countries, obligations relating to wildlife that
may appropriately be carried out by the establishment and management of
the areas as a park or reserve, or an area of any such land and any such
sea.
(2) Subject to this section, the Governor-General may-
(a) by Proclamation, declare an area specified in the Proclamation
to be a park or a reserve and assign a name to that park or reserve; and
(b) by the same or by another Proclamation, declare the whole or a
specified part of the park or reserve to be a wilderness zone.
(3) A Proclamation declaring an area to be a reserve may specify the
purpose or purposes for which it is so declared.
(4) Where a plan of management is in force in relation to a park or
reserve, a declaration shall not be made declaring the whole or a
specified part of the park or reserve to be a wilderness zone except in
accordance with the plan of management.
(5) A park may be named as a national park or by such other
designation as the Governor-General thinks fit.
(6) Where an area is declared by Proclamation to be a park or reserve-
(a) the subsoil beneath any land within the area, extending to such
depth below the surface as is specified in the Proclamation;
(b) the waters and sea-bed beneath any sea within the area; and
(c) the subsoil beneath any such sea-bed, extending to such depth
below the sea-bed as is specified in the Proclamation,
shall be taken to be within that park or reserve.
(7) Upon the declaration of a park or reserve, any interest held by
the Commonwealth in respect of the land (including any sea-bed or any
subsoil) within the park or reserve, but not in respect of any minerals,
becomes, by force of this sub-section, vested in the Director.
(7A) Where the Commonwealth acquires any interest in respect of any
land (including any sea-bed or any subsoil) within a park or reserve
(otherwise than by reason of the surrender or transfer of an interest
under sub-section 9 (3)), that interest becomes, by force of this
sub-section, vested in the Director, but not to the extent that it is an
interest in respect of minerals.
(8) Subject to this section, the Governor-General may, by
Proclamation, revoke or amend a Proclamation made under this section.
(9) A Proclamation under this section by virtue of which any land
(including any subsoil) or sea, other than land or sea referred to in
paragraph (1) (d), ceases to be land or sea within a park or reserve or
within a wilderness zone shall not be made except in accordance with a
resolution passed by each House of the Parliament in pursuance of a
motion of which notice has been given not less than 15 sitting days of
that House before the motion is moved.
(10) If, by virtue of a Proclamation made under this section, any land
(including any sea-bed or any subsoil), other than Aboriginal land,
ceases to be land within a park or reserve, any interest held by the
Director in respect of that land becomes, by force of this sub-section,
vested in the Commonwealth.
(10A) If, by virtue of a Proclamation made under this section, any
Aboriginal land (including any sea-bed or any subsoil) ceases to be land
within a park or reserve, any leasehold interest held by the Director in
respect of that land ceases, by force of this sub-section, to exist.
(10AB) Sub-sections (9), (10) and (10A) do not apply in relation to a
Proclamation by virtue of which any land (including any Aboriginal land
and any sea-bed or subsoil) or sea ceases to be land or sea within a
park or reserve or within a wilderness zone and becomes land or sea
within another park or reserve or another wilderness zone, as the case
requires.
(10B) Where a leasehold interest held by the Director in respect of
any land in a park or reserve ceases to exist (otherwise than by reason
of the Director surrendering the interest under subsection 9 (2B),
surrendering or transferring the interest under sub-section 9 (3) or
acquiring ownership of the land or by reason of the operation of
sub-section 12 (2A) of the Aboriginal Land Rights (Northern Territory)
Act 1976), the land ceases, by force of this sub-section, to be land
within the park or reserve and the Governor-General shall accordingly,
by Proclamation, amend or revoke, as the case requires, the Proclamation
applying in relation to that land.
(11) Subject to sub-section (11A), the Governor-General shall not make
a Proclamation under this section except after consideration by the
Executive Council of a report by the Director in relation to the matter
dealt with by the Proclamation.
(11A) Sub-section (11) does not apply in relation to the making of-
(a) a Proclamation under sub-section (2) in relation to land or sea
within the Region;
(b) a Proclamation under sub-section (8) in relation to land or sea
within the Region, other than a Proclamation, not being a Proclamation
to which paragraph (c) applies, by virtue of which particular land
(including any Aboriginal land or sea-bed or subsoil) or sea ceases to
be land or sea within a park or reserve or within a wilderness zone; or
(c) a Proclamation by virtue of which any land (including any
Aboriginal land or any sea-bed or subsoil) or sea ceases to be land or
sea within a park or reserve or within a wilderness zone and becomes
land or sea within another park or reserve or another wilderness zone,
as the case requires.
(12) Before submitting a report for the purposes of sub-section (11),
the Director shall-
(a) by public notice-
(i) state the nature of the report and of any recommendations
proposed to be made in the report;
(ii) invite interested persons to make representations in
connexion with
the report by such date, not being less than 60 days after the date of
publication of the notice in the Gazette, as is specified in the notice;
and
(iii) specify an address to which such representations may be
forwarded;
and
(b) give due consideration to any representations so made, and,
when submitting the report, he shall attach to the report any
representations so made, together with his comments on those
representations.
(13) Where any land is acquired by the Commonwealth for the purposes
of this Part, the Minister shall, as soon as practicable after the
acquisition, but subject to compliance with sub-sections (11) and (12)
(where applicable), cause the carrying out of that purpose to be
submitted for consideration by the Executive Council.
(14) Subject to sub-section (10B), where land is within a park or
reserve, it does not cease to be within the park or reserve by reason
only of a transfer, assignment, surrender or extinguishment of, or any
other change of any description in, any interest in respect of that
land.
SECT 8 Registration of changes in title to land
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
8. Where, by reason of a Proclamation under section 7, any interest in
any land (including any subsoil) in a State or Territory becomes vested
in the Director or the Commonwealth or ceases to exist, the Secretary to
the Attorney-General's Department or a person authorized under
sub-section 55E (4) of the Judiciary Act 1903 may lodge with the
Registrar-General, Registrar of Titles or other appropriate officer of
the State or Territory a copy of the Proclamation, certified by writing
signed by the Secretary or by a person so authorized, and the officer
with whom it is so lodged may make such entries in his registers, and do
such other things, as are necessary to reflect the operation of section
7 in relation to the land by virtue of the Proclamation.
SECT 8A Conservation zones
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
8A. (1) The objects of this section are the protection and
conservation of wildlife in, and the protection of the natural features
of, an area of land or sea in the Region until a decision is made
whether or not to declare the area to be a park or reserve.
(2) The Governor-General may, by Proclamation, declare an area within
the Region, not being an area within a park or reserve, to be a
conservation zone.
(3) Subject to sub-section (5), the Governor-General may, by
Proclamation, revoke or amend a Proclamation made under sub-section (2).
(4) Where an area is declared to be a conservation zone-
(a) the subsoil beneath any land within the area, extending to such
depth below the surface as is specified in the Proclamation;
(b) the waters and sea-bed beneath any sea within the area; and
(c) the subsoil beneath any such sea-bed, extending to such depth
below the sea-bed as is specified in the Proclamation,
shall be taken to be within that conservation zone.
(5) A Proclamation under sub-section (3) by virtue of which an area is
to cease to be within a conservation zone shall not be made unless-
(a) a Proclamation is made under section 7, coming into operation
immediately after the first-mentioned Proclamation comes into operation,
declaring the area to be, or to be included in, a park or reserve; or
(b) the area is to be used for operations for the recovery of
minerals, other than prospecting or exploration.
(6) For the purposes of making regulations in relation to conservation
zones, subsections 71 (2) (other than paragraph (t) ) and 71 (3) apply,
subject to subsection (7) of this section, in relation to conservation
zones as they apply in relation to parks and reserves.
(7) For the purposes of sub-section (6), paragraphs 71 (2) (da), (h),
(j), (l), (n) and (s) apply as if the words "or prohibiting" were
omitted.
(8) In addition to the powers to make regulations conferred by
sub-section (6) and section 71, regulations in relation to conservation
zones may be made-
(a) regulating or prohibiting operations for the recovery of
minerals;
(b) regulating the carrying on of fishing, pastoral or agricultural
activities for commercial purposes;
(c) regulating the construction or alteration of buildings and
structures;
(d) regulating the construction or establishment of bridges,
railways, roads, tracks, port facilities and air-strips and the carrying
out of any other works;
(e) regulating the felling or taking of timber;
(f) making provision for and in relation to the powers to be
exercised, and the functions and duties to be performed, in and in
relation to conservation zones by wardens, rangers and other persons,
being persons included in specified classes of persons; and
(g) making provision for and in relation to the giving of
securities for compliance with regulations made in pursuance of this
section by persons doing, or proposing to do, anything to which those
regulations relate.
(9) Subsection (1) does not limit the power to make regulations
conferred by paragraph (8) (a).
(10) Where:
(a) regulations made under paragraph (8) (a) have effect in
relation to a conservation zone; and
(b) an area is subsequently excised from the zone;
then, except as otherwise provided in the regulations, the regulations
continue to apply in relation to the area, and further regulations may
be made under that paragraph in relation to the area, as if the area had
not been excised.
(11) Regulations made under paragraph (8) (a) have effect
notwithstanding:
(a) any other regulations made under this Act; or
(b) any law of the Northern Territory, or any Act, by or under
which interests referred to in subparagraph 8B (1) (a) (i) have been
created, preserved or otherwise affected.
(12) Regulations made under this section (other than regulations made
under paragraph (8) (a)) have no effect to the extent that they are
inconsistent with the terms and conditions of:
(a) an interest of either of the following kinds granted before the
commencement of the Lands Acquisition Act 1989:
(i) a lease or licence granted under section 51 of the Lands
Acquisition
Act 1955;
(ii) a right (however described) to explore or prospect for
minerals
granted under section 53 of the Lands Acquisition Act 1955; or
(b) a right (however described) to explore for minerals, or to mine
for or recover minerals, granted under section 124 of the Lands
Acquisition Act 1989. Act 1955; or
(b) a right (however described) to explore or prospect for minerals
granted under section 53 of that Act.
(13) Any operation for the recovery of minerals on, in or beneath land
in a conservation zone in the exercise of an interest referred to in
subparagraph 8B (1) (a) (i) shall be deemed, for the purposes of
procedures contained in orders made under the Environment Protection
(Impact of Proposals) Act 1974, to be a proposed action within the
meaning of those procedures.
SECT 8B Existing interests etc. in parks and reserves
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
8B. (1) Where any land is within a park, reserve or conservation zone-
(a) subject to paragraph (b), the prescribed provisions of this Act
and of the regulations (other than subsection 8A (13) or regulations
made under paragraph 8A (8) (a)) and, in the case of a park or reserve,
the provisions of the plan of management do not affect-
(i) any interest in respect of that land or in respect of any
minerals
on, in or beneath that land held immediately before that land was within
the park, reserve or conservation zone by any person other than the
Commonwealth or the Director; or
(ii) the application of any law of a State or Territory in
relation to
such an interest; and
(b) notwithstanding anything to the contrary contained in any law
of the Commonwealth or of a State or Territory, an interest referred to
in sub-paragraph (a) (i) (not being an interest in respect of minerals
beneath the land concerned) shall not be renewed, and the term of such
an interest shall not be extended, except with the consent in writing of
the Minister and subject to such conditions as the Minister determines.
(2) A person adversely affected by the refusal of the Minister to give
consent, or by the imposition of conditions, under paragraph (1) (b) is
entitled to be paid reasonable compensation by the Commonwealth.
(3) In this section-
(a) a reference to land shall be read as including a reference to
sea-bed and subsoil;
(b) a reference to a prescribed provision shall be read as a
reference to a provision that has effect only in relation to-
(i) a particular park, reserve or conservation zone; or
(ii) parks, reserves and conservation zones, or any of them;
(c) a reference to an interest shall be read as including a
reference to the exercise of a right arising out of an interest; and
(d) a reference to minerals beneath land that is within a park,
reserve or conservation zone shall be read as a reference to minerals
situated below the depth specified in relation to that land in pursuance
of sub-section 7 (6) or 8A (4), whichever is applicable.
(4) This section does not apply in relation to-
(a) any interest in respect of any minerals on, in or beneath land
within Kakadu National Park; or
(b) any other interest in so far as it relates to operations for
the recovery of any such minerals.
SECT 8C Townships in the Region
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
8C. (1) Where the plan of management relating to a park or reserve the
whole or part of which is within the Region so provides, townships may
be established and developed within the park or reserve or that part of
the park or reserve, as the case may be, and the succeeding provisions
of this section apply accordingly.
(2) A township, other than a township to which sub-section (3)
applies, may be established and developed-
(a) by the Director; or
(b) by any other person on land held under lease by that person
from the Director.
(3) An existing township within a park or reserve may be developed by
a person other than the Director, but development of an existing
township shall not take place on land that was undeveloped at the
commencement of this section unless the land is held under lease from
the Director.
(4) A township shall not be established or developed, and no building
work shall be carried out in a township, except in accordance with-
(a) the provisions of the plan of management; and
(b) a town plan prepared and approved in the manner provided by the
regulations.
(5) The provisions of the plan of management relating to a township
shall include provisions for and in relation to-
(a) in the case of a township to be established under paragraph (2)
(a) or (b)-the site of the township and the general purposes of the
township;
(b) in the case of a township to be established or developed on
land held under lease from the Director-the terms and conditions of the
lease; and
(c) where the township is to be divided into zones-the respective
purposes of the zones.
(6) The town plan shall make detailed provision, not inconsistent with
the plan of management or, in the case of a township to be established
or developed on land held under lease from the Director, with the lease,
for and in relation to the proposed construction or development of the
township, including, in particular, the provision (if any) to be made
for-
(a) housing, shops, offices and other buildings and structures;
(b) bridges, railways, roads, streets, footpaths and parking areas;
(c) the supply of water, electricity and gas;
(d) the standards to be maintained in the construction and
alteration of buildings and structures;
(e) sewerage and drainage;
(f) public amenities for recreation and other purposes; and
(g) any other matters that are specified for the purposes of this
paragraph by the plan of management, the regulations or, in the case of
a township to be established or developed on land held under lease from
the Director, by the lease.
(7) For the purposes of sub-section (6), the town plan may apply,
adopt or incorporate, with or without modification-
(a) the provisions of any law of, or of a part of, the Northern
Territory as in force at a specified time or as in force from time to
time, being a law that, but for that application, adoption or
incorporation, would not apply in relation to the township; or
(b) any matter contained in any instrument or writing as in force
or existing at a specified time.
(8) A town plan may be revoked or amended in the manner provided by
the regulations, but a town plan shall not be amended so as to be
inconsistent with the plan of management or, in the case of a township
established or developed on land held under lease from the Director,
with the lease.
(9) In this section-
"building work" means the construction, alteration or demolition of a
building or structure;
"existing township", in relation to a park or reserve, means a
township that was in existence before its inclusion within the park or
reserve;
"lease", in relation to a township established or developed on
Aboriginal land, means sub-lease.
SECT 8D Township at Jabiru
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
8D. (1) In this section, unless the contrary intention appears-
"Authority" means the Jabiru Town Development Authority established by
the Jabiru Town Development Act 1978 of the Northern Territory;
"licence" means a licence granted under sub-section (2), and includes
a licence as varied under sub-section (4);
"Park" means Kakadu National Park;
"township" means the township referred to in sub-section (2).
(2) At any time before a plan of management relating to the Park comes
into force, the Director may grant written licences to the Authority
authorizing it to do such things within the Park as are specified in the
licences, being things that he considers necessary or convenient to be
commenced, before the plan of management comes into force, for and in
relation to the establishment and development of a township at or near a
place in the Region known as Jabiru.
(3) The Director shall not grant a licence under sub-section (2)
unless-
(a) the Authority has informed him, in writing, that the
Conservation Commission, and each other authority or body established by
or under a law of the Northern Territory which the Authority has
considered it appropriate to consult in relation to the issue of the
licence, have agreed to the issue of the licence; and
(b) where, under the Aboriginal Land Rights (Northern Territory)
Act 1976, an Aboriginal Land Council has, or Aboriginal Land Councils
have, been established for any area or areas wholly or partly within the
Park-the Director has consulted with, and had regard to the views of,
the Chairman of that Council or of each of those Councils, as the case
may be, in relation to the issue of the licence.
(4) In granting a licence under sub-section (2), the Director shall
impose such conditions as he thinks fit providing for such of the
objects set out in sub-section 11 (8) as are applicable.
(5) A licence may be varied at any time by the Director with the
consent of the Authority.
(6) At any time when a plan of management relating to the Park is in
force, things authorized to be done by a licence shall be done in
accordance with the licence and, to the extent to which the plan is not
inconsistent with the licence, also in accordance with the plan.
(7) As soon as practicable after a plan of management relating to the
Park comes into force, a town plan relating to the township shall be
prepared and approved as provided by section 8C.
(8) On the date of coming into effect of a town plan in pursuance of
sub-section (7), section 8C applies, subject to this section, in
relation to the township as if it were a township established and
developed in accordance with sub-section (1) of that section.
(9) At any time after the coming into effect of a town plan in
pursuance of sub-section (7), things authorized to be done by a licence
shall be done in accordance with the licence and, to the extent to which
the town plan is not inconsistent with the licence, also in accordance
with the town plan.
(10) In-
(a) the making of a variation of a licence;
(b) the preparation and consideration of a plan of management
relating to the Park; and
(c) the preparation and approval of a town plan in pursuance of
sub-section (7),
due regard shall be had to buildings, structures and works constructed,
erected or carried out, or authorized to be constructed, erected or
carried out, in accordance with this section.
SECT 9 Restriction of disposal etc. of land in parks and reserves
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NPWC 75/89(2) TOP
9. (1) Notwithstanding any law of the Commonwealth or of a State or
Territory, but subject to sub-sections (2), (2A), (2B) and (3), no
interest held by the Director in respect of land within a park or
reserve shall be sold, leased or otherwise disposed of.
(2) Where the plan of management relating to a park or reserve so
provides, the Director may grant leases of, or licences in respect of,
land in that park or reserve in accordance with the plan of management.
(2A) The Director may, for the purposes of establishing and developing
a township as provided by section 8D, grant leases of, or licences in
respect of, land in the Kakadu National Park established under this Act
in the Northern Territory.
(2B) The Director may surrender a lease of land within a park or
reserve in consideration of the grant to the Director of a new lease of
land that includes that land.
(3) The Director may, for the purposes of Part II of the Aboriginal
Land Rights (Northern Territory) Act 1976, surrender or transfer to the
Commonwealth any interest held by him in respect of land within a park
or reserve within the Region.
(3A) The Lands Acquisition Act 1989 does not apply to the grant or
surrender of a lease or sub-lease under this section.
(4) In this section (other than in subsection (2B)), "lease", in
relation to Aboriginal land, means sub-lease.
SECT 10 Mining, works, forestry, etc., in parks, reserves and
wilderness zones
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
10. (1) Subject to sections 8B and 8D, this section has effect
notwithstanding any law of the Commonwealth or of a State or Territory.
(1A) No operations for the recovery of minerals shall be carried on in
Kakadu National Park.
(1B) Subsection (1A) shall not be taken to prevent the use,
development or reconstruction of the township known as Jabiru.
(2) No operations for the recovery of minerals shall be carried on in
a park or reserve (not being Kakadu National Park) other than operations
that are carried on, with the approval of the Governor-General, in
accordance with the plan of management relating to that park or reserve.
(3) Subject to sub-sections (4) and (4A)-
(a) no excavations shall be carried on;
(b) no building or other structure shall be erected;
(c) no works shall be carried out; and
(d) no timber shall be felled or taken,
in a park or reserve except in accordance with the plan of management
relating to that park or reserve.
(4) At a time when no plan of management is in force in relation to a
particular park or reserve the whole or part of which is outside the
Region, sub-section (3) does not prevent the Director from performing
his functions in the park or reserve or that part of the park or
reserve, as the case may be (in this sub-section referred to, in either
case, as "the area"), for the purpose of preserving or protecting the
area, protecting or conserving wildlife in the area, controlling
authorized scientific research or protecting persons or property in the
area.
(4A) At a time when no plan of management is in force in relation to a
particular park or reserve the whole or part of which is within the
Region, the Director may, subject to any directions of the Minister-
(a) approve the erection of buildings and other structures, and the
carrying out of excavations and other works, in the park or reserve or
that part of the park or reserve, as the case may be; and
(b) perform his functions and exercise his powers in and in
relation to the park or reserve or that part of the park or reserve, as
the case may be.
(5) A wilderness zone shall be maintained in its natural state and
shall be used only for scientific research authorized by the Director
and such recreational and other purposes, other than the recovery of
minerals, as are specified in the plan of management relating to the
wilderness zone, but this sub-section does not prohibit anything done by
the Director in accordance with sub-section (6).
(6) Notwithstanding sub-sections (4) and (4A)-
(a) no excavation shall be carried on;
(b) no building or other structure shall be erected;
(c) no works shall be carried out;
(d) no timber shall be felled or taken;
(e) no tracks shall be established; and
(f) no vehicle, aircraft or vessel shall be used,
in a wilderness zone except by the Director, in accordance with the plan
of management relating to the zone, for purposes essential to the
management of the zone.
SECT 11 Plans of management
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
11. (1) Subject to sub-section (2), as soon as practicable after a
park or reserve has been declared, the Director shall prepare a plan of
management in respect of that park or reserve.
(2) Where a Board is established under Part IIA for a prescribed park
or reserve, the Board, in conjunction with the Director, shall, as soon
as practicable after the Board is established, prepare a plan of
management in respect of that park or reserve unless, at the time when
the Board is established, there is already a plan of management in force
in respect of that park or reserve.
(2A) Before a plan of management is prepared in respect of a park or
reserve, the Director shall, by public notice-
(a) state that a plan of management is to be prepared in respect of
that park or reserve;
(b) invite interested persons to make representations in connection
with the proposed plan by such date, not being less than 1 month after
the date of publication of the notice in the Gazette, as is specified in
the notice; and
(c) specify an address to which such representations may be
forwarded, and, in the case of a plan of management in respect of a park
or reserve wholly or partly within a prescribed area, shall serve a copy
of the notice on the relevant Chairman.
(3) A person (including the Conservation Commission and the Chairman
of an Aboriginal Land Council established under the Aboriginal Land
Rights (Northern Territory) Act 1976) may, not later than the date
specified in the notice, make representations to the Director in
connexion with the proposed plan of management, and the Director, or the
Director together with the Board, as the case requires, shall give due
consideration to any representations so made.
(5) The plan of management may include provisions in relation to an
area that is proposed to be added to the park or reserve, but those
provisions shall not have effect until the area is added to the park or
reserve.
(6) The plan of management shall set out a description of the manner
in which it is proposed to manage the park or reserve and shall include-
(a) a description of any existing or proposed buildings,
structures, facilities or other development; and
(b) a description of any operations for the recovery of minerals,
or excavation, works or other operations, that may be carried on, in the
park or reserve.
(7) Where a plan of management provides for operations for the
recovery of minerals or for excavation or other works, the plan shall
set out any conditions that are to be applicable.
(8) In the preparation of the plan of management, regard shall be had
to the following objects:
(a) in the case of a park-the encouragement and regulation of the
appropriate use, appreciation and enjoyment of the park by the public;
(b) in the case of a reserve-the regulation of the use of the
reserve for the purpose for which it was declared;
(ba) in the case of a park or reserve wholly or partly within the
Region-the interests of the traditional Aboriginal owners of, and of
other Aboriginals interested in, so much of the land within the park or
reserve as is within the Region;
(c) the preservation of the park or reserve in its natural
condition and the protection of its special features, including objects
and sites of biological, historical, palaeontological, archaeological,
geological and geographical interest;
(d) the protection, conservation and management of wildlife within
the park or reserve; and
(e) the protection of the park or reserve against damage.
(9) The plan of management may provide for the division of the park or
reserve into zones and set out the conditions under which each zone
shall be kept and maintained.
(10) When the plan of management has been prepared, the Director
shall, by public notice-
(a) state that the plan has been prepared;
(b) invite interested persons to make representations in connexion
with the plan by such date, not being less than 1 month after the date
of publication of the notice in the Gazette, as is specified in the
notice;
(c) specify an address or addresses at which copies of the plan may
be inspected or purchased; and
(d) specify an address to which representations in connexion with
the plan may be forwarded,
but, where the plan of management is in respect of a park or reserve
wholly or partly within the Northern Territory, he shall, at least 14
days before the date of publication of the notice in the Gazette, serve
a copy of the plan and of the notice on the Conservation Commission and,
if the park or reserve is also wholly or partly within a prescribed
area, on the relevant Chairman.
(11) A person (including the Conservation Commission and the Chairman
of an Aboriginal Land Council established under the Aboriginal Land
Rights (Northern Territory) Act 1976) may, not later than the date
specified in the notice, make representations to the Director in
connexion with the plan of management, and the Director, or the Director
together with the Board, as the case requires, shall give due
consideration to any representations so made and, if the Director thinks
fit, or the Director and the Board think fit, as the case requires,
alter the plan accordingly.
(11A) Where the Director and the Board are unable to agree on-
(a) the preparation under sub-section (2) of a plan of management
in respect of that park or reserve;
(b) the alteration or alterations to be made under sub-section (11)
to the plan of management in respect of that park or reserve; or
(c) the submission of the plan of management to the Minister under
sub-section (12),
the Director and the Board shall advise the Minister accordingly.
(11B) Where the Minister is advised under sub-section (11A) of a
disagreement between the Director and the Board, the Minister shall take
such steps as the Minister considers appropriate to resolve the
disagreement.
(11C) Where the Minister is unable to resolve the disagreement, the
Minister shall appoint an arbitrator (being a person whom the Minister
considers to be suitably qualified and in a position to deal with the
matter impartially) to inquire into the matter.
(11D) A person appointed under sub-section (11C) shall inquire into
the matter and submit a report, together with the person's
recommendations, to the Minister.
(11E) Where the Minister receives a report and recommendations under
sub-section (11D), the Minister shall give such directions as the
Minister thinks appropriate to the Director and the Board, together with
a statement of the Minister's reasons for giving the directions and a
copy of the report and recommendations given to the Minister under
sub-section (11D).
(11F) The Director and the Board shall comply with any directions
given by the Minister under sub-section (11E).
(12) The Director shall, subject to sub-section (12A), thereupon
submit to the Minister-
(a) the plan of management; and
(b) if representations have been made under sub-section (11)-those
representations, together with the comments of the Director, or the
Director and the Board, as the case requires, on those representations.
(12A) Where a Board, in conjunction with the Director, is preparing a
plan of management in respect of that park or reserve, the Director
shall not submit the plan of management to the Minister under
sub-section (12) without the consent of the Board.
(13) Subject to sub-section (20)-
(a) in a case where the Minister is satisfied that, in relation to
a plan of management in respect of a park or reserve wholly or partly
within a prescribed area, there is a substantial difference of opinion
between the relevant Chairman, on the one hand, and the Director, or the
Director and the Board, as the case requires, on the other hand, the
Minister shall refer the plan to the Director, together with his
suggestions, for further consideration by the Director, or by the
Director together with the Board, as the case requires; or
(b) in any other case, the Minister may-
(i) accept the plan of management as submitted under sub-section
(12); or (ii) refer it to the Director, together with his suggestions,
for further
consideration by the Director, or by the Director together with the
Board, as the case requires.
(14) Where, under sub-section (13), the Minister refers to the
Director the plan of management in respect of a park or reserve wholly
or partly within the Northern Territory, he shall cause a copy of his
suggestions referred to the Director with the plan to be served on the
Conservation Commission and, if the park or reserve is also wholly or
partly within a prescribed area, on the relevant Chairman, and the
Commission and, as the case may be, the Chairman may, within the period
of 14 days after receiving a copy of the suggestions, make
representations to the Director in connexion with the suggestions.
(15) Where the plan of management has been referred to the Director
under sub-section (13), the Director, or the Director together with the
Board, as the case requires, shall, as soon as practicable after receipt
of the plan or, in a case to which sub-section (14) applies, after the
expiration of the period referred to in that sub-section, give further
consideration to the plan, having regard to the suggestions of the
Minister and any representations received under sub-section (14), and
the Director shall, subject to sub-section (15A), again submit the plan,
with or without alterations, to the Minister, together with-
(a) his comments on the suggestions of the Minister; and
(b) a copy of any representations received under sub-section (14),
together with his comments on those representations.
(15A) Where a Board, in conjunction with the Director, is preparing a
plan of management in respect of that park or reserve, the Director
shall not submit the plan of management to the Minister under
sub-section (15) without the consent of the Board.
(15B) Where the Director and the Board are unable to agree on the
submission of the plan of management to the Minister under sub-section
(15), the Director and the Board shall advise the Minister accordingly
and the provisions of sub-sections (11B) to (11F) (inclusive) apply to
and in relation to the disagreement as if the disagreement were a
disagreement of the kind referred to in sub-section (11A).
(16) Where, under sub-section (15), the Director submits a plan of
management, with or without alterations, to the Minister and the plan is
in respect of a park or reserve wholly or partly within a prescribed
area, the Director shall, not later than the date on which the plan is
so submitted to the Minister, serve on the relevant Chairman copies of
the plan and of any comments and representations submitted to the
Minister under sub-section (15), and the Chairman may, within the period
of 14 days after receiving the copies, submit to the Minister
representations in connexion with the plan.
(17) Where the Minister receives representations under sub-section
(16) and he is satisfied that there is a substantial difference of
opinion between the relevant Chairman and the Director in relation to
the plan of management, the Minister may appoint a person (being a
person whom the Minister considers to be suitably qualified and in a
position to deal with the matter impartially) to inquire into the
matter.
(18) A person appointed under sub-section (17) shall inquire into the
matter and submit a report, together with his recommendations, to the
Minister.
(19) Subject to sub-section (20), as soon as practicable after the
plan of management is submitted to the Minister under sub-section (15)
or, in a case to which sub-section (16) applies, after the expiration of
the period referred to in that sub-section, the Minister shall accept
the plan as so submitted or, if he is of the opinion that the plan as so
submitted should be altered, the plan as so submitted and altered by him
in such manner as he thinks fit.
(20) The Minister shall not take any action-
(a) under sub-section (13)-except after giving due consideration to
any representations or comments submitted to him under sub-section (12);
or
(b) under sub-section (19)-except after giving due consideration to
any representations or comments submitted to him under sub-section (15)
or (16), and to any report and recommendations submitted to him under
sub-section (18).
(21) When a plan of management is laid before both Houses of
Parliament under section 12, the Minister shall cause the plan to be
accompanied by-
(a) copies of any representations and comments, and of any report
and recommendations, submitted to him under this section in connexion
with the plan, other than those that have been given effect to in the
plan; and
(b) in a case where he has made alterations to the plan under
sub-section (19)-a report specifying the alterations and setting out any
views in respect of matters to which the alterations relate expressed by
the Director and, in the case of a plan of management in respect of a
park or reserve wholly or partly within the Northern Territory, by the
Conservation Commission and, if the park or reserve is also wholly or
partly within a prescribed area, by the relevant Chairman.
(22) In this section-
"prescribed area" means an area wholly or partly within the Region,
being an area for which an Aboriginal Land Council has been established
under the Aboriginal Land Rights (Northern Territory) Act 1976;
"relevant Chairman", in relation to a prescribed area, means the
Chairman of the Aboriginal Land Council for the area;
SECT 12 Plan of management to be laid before Parliament
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
12. (1) The Minister shall, as soon as practicable after a plan of
management has been accepted under section 11, cause it to be laid
before both Houses of the Parliament.
(2) Either House of the Parliament, within 20 sitting days of that
House after the plan of management has been laid before that House, may,
in pursuance of a motion upon notice, pass a resolution disallowing the
plan of management.
(3) If neither House of the Parliament passes a resolution in
accordance with sub-section (2) disallowing the plan of management, the
plan of management comes into operation on the day immediately following
the last day upon which such a resolution could have been passed by
either House.
(4) If, before the expiration of 20 sitting days of a House of the
Parliament after the plan of management has been laid before that House-
(a) that House is dissolved or, being the House of Representatives,
expires, or the Parliament is prorogued; and
(b) a resolution for the disallowance of the plan of management has
not been passed by that House,
the plan of management shall, for the purposes of this section, be
deemed to have been laid before that House on the first sitting day of
that House after the dissolution, expiry or prorogation, as the case may
be.
(5) If either House of the Parliament passes a resolution in
accordance with sub-section (2) disallowing the plan of management, the
Minister shall give to the Director a direction that a fresh plan of
management be prepared and, where the Minister gives such a direction, a
fresh plan of management shall be prepared in accordance with section
11.
(6) As soon as practicable after a plan of management has come into
operation, the Minister shall publish a notice in the Gazette and in
such newspapers as he thinks fit, stating that the plan of management
has come into operation, specifying an address or addresses where copies
of the plan of management may be inspected or purchased and specifying
the day (being a day not later than 10 years after the day on which the
plan of management came into operation) on which the plan of management
is to cease to have effect.
(7) The plan of management shall, unless sooner revoked, cease to have
effect on the day specified by the Minister in the notice published in
the Gazette.
(8) It is the duty of the Director, or of the Director and the Board,
as the case requires, to ensure, so far as is practicable, that, on the
day on which the plan of management in respect of a park or reserve
ceases to have effect under sub-section (7) or as soon as practicable
thereafter, a new plan of management in respect of that park or reserve
comes into operation.
(9) Sub-sections 11 (2A) to (22) (inclusive) and sub-sections (1) to
(8) (inclusive) of this section apply in relation to the new plan of
management in like manner as they apply in relation to a plan of
management that is not a new plan of management.
SECT 13 Amendment or revocation of plan of management
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
13. (1) Subject to sub-section (2), a plan of management may be
amended at any time and sub-sections 11 (2A) to (22) (inclusive) and
section 12 apply in relation to any such amendment in like manner as
they apply in relation to a plan of management.
(2) A plan of management shall not be amended so as to extend the
period of operation of the plan to a day later than the day specified
under sub-section 12 (6).
(3) A plan of management in respect of a park or reserve may be
revoked by a new plan of management in respect of that park or reserve,
but the revocation shall not take effect until the new plan comes into
operation.
SECT 14 Director to comply with plan of management
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14. (1) While a plan of management is in force, the Director shall
perform his functions and exercise his powers in relation to the park or
reserve to which the plan relates in accordance with that plan and not
otherwise.
(2) Where, in respect of Aboriginal land wholly or partly within the
area for which an Aboriginal Land Council has been established under the
Aboriginal Land Rights (Northern Territory) Act 1976, being an area
wholly or partly within the Region, a difference of opinion arises
between the Chairman of that Council and the Director as to whether the
Director is performing his functions or exercising his powers in
accordance with a plan of management, the Minister shall appoint a
person (being a person whom he considers to be suitably qualified and in
a position to deal with the matter impartially) to inquire into the
matter.
(3) A person appointed under sub-section (2) shall inquire into the
matter and submit a report, together with his recommendations, to the
Minister.
(4) Upon receipt of a report and recommendations under sub-section
(3), the Minister shall give the Director such directions in the matter
as he thinks fit, and the Director shall comply with those directions.
SECT 14A Disagreement between the Director and Board over
implementation of plan of management
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14A. (1) Where-
(a) a Board has been established under Part IIA for a park or
reserve; and
(b) the director is of the opinion that-
(i) the implementation of a decision of the Board is likely to be
substantially detrimental to the good management of that park or
reserve; or
(ii) a decision of the Board is contrary to the plan of management
in
respect of that park or reserve,
the Director shall advise the Minister accordingly.
(2) Where the Minister is advised under sub-section (1) of a
disagreement between the Director and the Board, the Minister shall take
such steps as the Minister considers appropriate to resolve the
disagreement.
(3) Where the Minister is unable to resolve the disagreement, the
Minister shall appoint an arbitrator (being a person whom the Minister
considers to be suitably qualified and in a position to deal with the
matter impartially) to inquire into the matter.
(4) A person appointed under sub-section (3) shall inquire into the
matter and submit a report, together with the person's recommendations,
to the Minister.
(5) Where the Minister receives a report and recommendations under
sub-section (4), the Minister shall give such directions as the Minister
thinks appropriate to the Director and the Board, together with a
statement of the Minister's reasons for giving the directions and a copy
of the report and recommendations given to the Minister under
sub-section (4).
(6) The Director and the Board shall comply with any directions given
by the Minister under sub-section (5).
PART IIA-BOARDS
SECT 14B Interpretation
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14B. In this Part, unless the contrary intention appears-
"relevant Land Council", in relation to Aboriginal land, means the
Aboriginal Land Council established under the Aboriginal Land Rights
(Northern Territory) Act 1976 for the area in which the land is
situated;
"relevant preconditions", in relation to an office of member of a
Board, means the preconditions that a person must satisfy, in accordance
with the section 14C notice in relation to the Board, in order to be
eligible for appointment to that office;
"section 14C notice" means a notice under sub-section 14C (1) and
includes such a notice as amended or further amended under sub-section
14C (4).
SECT 14C Boards
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14C. (1) Where-
(a) an area of Aboriginal land is situated wholly or partly within
a prescribed park or reserve; and
(b) the Minister and the relevant Land Council in relation to the
land-
(i) agree that a Board should be established for that park or
reserve;
and
(ii) agree on the matters to be specified, in accordance with
sub-section
(2), in the notice in respect of the Board,
the Minister shall, by notice published in the Gazette, establish a
Board for that park or reserve.
(2) A notice under sub-section (1) establishing a Board shall-
(a) specify the park or reserve for which the Board is established;
(b) specify the name by which the Board is to be known;
(c) specify the number of persons who are to constitute the Board;
and
(d) subject to sub-section (5), specify, in relation to each office
of member of the Board, the preconditions that a person must satisfy in
order to be eligible for appointment to that office.
(3) Subject to sub-section (6), the Minister may, by notice published
in the Gazette, revoke a notice under sub-section (1) in relation to a
Board.
(4) Subject to sub-sections (5) and (6), the Minister may, by notice
published in the Gazette, amend, or further amend, a notice under
sub-section (1) in relation to a Board so as to-
(a) change the specification of the name by which the Board is to
be known;
(b) increase the number of persons who are to constitute the Board
and specify, in relation to each additional office of member of the
Board so created, the preconditions that a person must satisfy in order
to be eligible for appointment to that office;
(c) decrease the number of persons who are to constitute the Board
and specify which office or offices of member of the Board is or are
abolished; or
(d) change the specification, in relation to an office of member of
the Board, of the preconditions that a person must satisfy in order to
be eligible for appointment to that office.
(5) Where a Board is established for a park or reserve that consists
wholly of Aboriginal land, a majority of the members of the Board shall
be Aboriginals nominated by the traditional Aboriginal owners of that
Aboriginal land.
(6) Where a Board is established for a park or reserve, the Minister
shall not revoke, amend or further amend a notice under sub-section (1)
in relation to that park or reserve unless the relevant Land Council in
relation to the Aboriginal land situated in that park or reserve has
agreed to the revocation, amendment or further amendment, as the case
requires.
(7) Where the Minister, under sub-section (4), amends or further
amends a notice under sub-section (1) in relation to a Board so as to
alter the name of the Board or so as to alter the constitution of the
Board, section 25B of the Acts Interpretation Act 1901 applies in
relation to that alteration as if the alteration had been made by an
Act.
(8) The performance of the functions and the exercise of the powers of
a Board are not affected by a vacancy or vacancies in the membership of
the Board.
SECT 14D Functions of Boards
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14D. (1) The functions of a Board established for a park or reserve
are-
(a) to prepare, in conjunction with the Director, plans of
management in respect of that park or reserve;
(b) to make decisions, being decisions that are consistent with the
plan of management in respect of that park or reserve, in relation to
the management of that park or reserve;
(c) to monitor, in conjunction with the Director, the management of
that park or reserve; and
(d) to give advice, in conjunction with the Director, to the
Minister on all aspects of the future development of that park or
reserve.
(2) A Board shall, in performing its functions under this Act, comply
with any directions given by the Minister to the Board under section 11,
13 or 14A.
SECT 14E Appointment of members of Boards
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14E. (1) The Minister may, by instrument in writing, appoint to an
office of member of a Board a person who satisfies the relevant
preconditions in relation to that office.
(2) Where an office of member of a Board becomes vacant, the Minister
shall appoint a person to that office in accordance with sub-section (1)
as soon as practicable after that office becomes vacant.
(3) A member of a Board holds office on such terms and conditions (if
any) in respect of matters not provided for by this Act as are
determined by the Minister.
SECT 14F Tenure of office
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14F. (1) A person appointed to an office of member of a Board holds
office for such period, not exceeding 5 years, as is specified in the
instrument of appointment, but is eligible for re-appointment.
(2) Where the instrument of appointment of a member does not specify a
period of appointment in accordance with sub-section (1), the instrument
of appointment shall be deemed to specify that the member holds office
for a period of 5 years commencing on the day of appointment.
(3) Where a person is appointed to an office of member of a Board and
the person ceases to satisfy the relevant preconditions in respect of
the office, the person's appointment to the office terminates at the
time when the person ceases to satisfy those preconditions.
(4) A member of a Board may resign office by writing signed by the
member and delivered to the Minister.
(5) The Minister may terminate the appointment of a member of a Board
for misbehaviour or physical or mental incapacity.
(6) If a member of a Board is absent, except on leave granted by the
Board, from 3 consecutive meetings of the Board of which the member has
had notice, the Minister may terminate the appointment of the member.
(7) If a member of a Board fails, without reasonable excuse, to comply
with the member's obligations under section 14J, the Minister shall
terminate the appointment of the member.
(8) Where a person is appointed as a member of a Board on the
nomination of a particular person, body or group of persons, the
Minister shall terminate the appointment of the member if that person,
body or group requests the Minister, in writing, to do so.
(9) The appointment of a member of a Board is not invalidated, and
shall not be called in question, by reason of a deficiency or
irregularity in, or in connection with, the nomination, selection or
appointment of the member.
SECT 14G Deputy members
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14G. (1) Where an appointment to an office of member of a Board
established for a park or reserve may be made only in pursuance of a
nomination by the traditional Aboriginal owners of Aboriginal land
situated in that park or reserve, those traditional Aboriginal owners
may nominate a person who satisfies the relevant preconditions in
relation to that office to be the deputy of the member of the Board
holding that office.
(2) A member of a Board who was appointed otherwise than pursuant to a
nomination by the traditional Aboriginal owners of Aboriginal land
situated in the park or reserve for which the Board is established may,
with the approval of the Minister, nominate a person who satisfies the
relevant preconditions in relation to the member's office to be the
deputy of the member.
(3) Where a person is nominated to be the deputy of a member of a
Board, the person so nominated may, if the member is absent from a
meeting of the Board, attend that meeting and, when so attending, shall,
subject to sub-section (4), be deemed to be a member of the Board.
(4) A person who is nominated to be the deputy of a member of a Board
shall not preside at a meeting of the Board.
(5) Where the traditional Aboriginal owners of Aboriginal land
situated in the park or reserve for which a Board is established
nominate a person, pursuant to sub-section (1), to be the deputy of a
member of the Board, those traditional Aboriginal owners may revoke that
nomination.
(6) A member of a Board who was appointed otherwise than pursuant to a
nomination by the traditional Aboriginal owners of Aboriginal land
situated in the park or reserve for which the Board is established may,
with the approval of the Minister, revoke a nomination made by the
member under sub-section (2).
(7) The nomination of a person as the deputy of a member of a Board is
not invalidated, and shall not be called in question, by reason of a
deficiency or irregularity in or in connection with the selection or
nomination of the person.
SECT 14H Presiding members
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14H. (1) A Board may, by resolution, appoint a member of the Board to
be the presiding member of the Board.
(2) A member appointed to be presiding member of a Board holds office,
subject to sub-section (3), for such period as is determined by the
Board at the time of the member's appointment to that office.
(3) A member of a Board ceases to hold office as presiding member of
the Board if-
(a) the member resigns that office;
(b) the Board revokes the member's appointment to that office; or
(c) the member ceases to be a member of the Board.
SECT 14J Disclosure of interests
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14J. (1) A member of a Board who has a direct or indirect pecuniary
interest in a matter being considered or about to be considered by the
Board shall, as soon as possible after the relevant facts have come to
the member's knowledge, disclose the nature of that interest at a
meeting of the Board.
(2) A disclosure under sub-section (1) shall be recorded in the
minutes of the meeting of the Board.
SECT 14K Meetings
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14K. (1) Meetings of a Board shall be held at such times and places as
the Board, from time to time, determines.
(2) The presiding member of a Board may at any time, and, if so
directed by the Minister, shall, convene a meeting of the Board.
(3) Subject to the provisions of this Act, a Board shall determine its
procedures and determine which persons are to be permitted to attend or
participate in meetings of the Board.
(4) Subject to sub-sections (5) and (6), at a meeting of a Board, a
number of members greater than half the number of persons who constitute
the Board constitute a quorum.
(5) Where a Board is established for a park or reserve that consists
wholly of Aboriginal land, a meeting of the Board shall not be held, or
shall not continue, unless the majority of the members of the Board
present at the meeting are members appointed pursuant to nominations by
the traditional Aboriginal owners of that Aboriginal land.
(6) A meeting of a Board shall not be held, or shall not continue,
unless at least one of the members of the Board present at the meeting
is a member appointed otherwise than pursuant to a nomination by the
traditional Aboriginal owners of the Aboriginal land situated in the
park or reserve for which the Board is established.
(7) Subject to sub-section (8), the presiding member of a Board shall
preside at all meetings of the Board.
(8) If the presiding member of a Board is absent from a meeting of the
Board, the members of the Board who are present shall elect one of their
number to preside at the meeting.
(9) Decisions of a Board shall be determined by a majority of the
members of the Board present and voting.
(10) The member of a Board who is presiding at a meeting of the Board
has a deliberative vote and, in the event of an equality of votes, also
has a casting vote.
PART III-THE DIRECTOR OF NATIONAL PARKS AND WILDLIFE
SECT 15 Director of National Parks and Wildlife
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15. (1) There shall be a Director of National Parks and Wildlife, who
shall be a corporation with perpetual succession.
(2) The corporation shall have a seal, and may sue or be sued in its
corporate name.
(3) All courts, judges and persons acting judicially shall take
judicial notice of the seal of the corporation affixed to documents and
shall presume that it was duly affixed.
(4) At all times after the first appointment of a person to the office
of Director, the corporation continues in existence notwithstanding any
vacancy in that office.
SECT 16 Functions
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16. (1) The functions of the Director are-
(a) to administer, manage and control parks, reserves and
conservation zones; (b) to protect, conserve, manage and control
wildlife;
(c) to conduct surveys, and collect statistics, of and in relation
to animals and plants;
(d) to co-operate with any country in matters relating to the
protection and conservation of animals and plants in that country and
the establishment and management of national parks and nature reserves
in that country;
(e) to provide, and assist in the provision of, training in the
knowledge and skills relevant to the protection, conservation and
management of wildlife and the establishment and management of national
parks and nature reserves;
(f) to carry out by himself or in co-operation with other
institutions and persons, and to arrange for any other institution or
person to carry out, research and investigations relevant to the
establishment and management of national parks and nature reserves and
the protection, conservation and management in wildlife;
(g) to make recommendations to the Minister in relation to-
(i) the establishment and naming of parks and reserves; and
(ii) the protection and conservation of wildlife throughout
Australia;
(h) to administer the Fund; and
(i) to do anything incidental or conducive to the performance of
any of the
foregoing functions.
(2) Except as otherwise provided by this Act, the Director shall
perform his functions and exercise his powers in accordance with any
directions given by the Minister.
(3) The Director shall include in each report prepared under section
52 particulars of any directions given by the Minister under sub-section
(2) during the period to which the report relates.
(4) In relation to the performance of his functions and the exercise
of his powers with respect to a park, reserve or conservation zone
wholly or partly within the Northern Territory, the Director shall, from
time to time, consult with, and have regard to the views of, the
Conservation Commission and, if the park, reserve or conservation zone
is also wholly or partly within an area for which an Aboriginal Land
Council has been established under the Aboriginal Land Rights (Northern
Territory) Act 1976, the Chairman of the Council.
SECT 17 Powers
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17. (1) The Director has power to do all things that are necessary or
convenient to be done for or in connexion with the performance of his
functions and, in particular, has power-
(a) to enter into contracts;
(b) to erect buildings and structures and carry on works;
(c) to occupy, use and control any land or building owned or held
under lease by the Commonwealth and made available for the purposes of
the Director;
(d) to acquire, hold and dispose of real or personal property;
(e) to accept gifts, devises and bequests made to the Director
whether on trust or otherwise, and to act as trustee of moneys or other
property vested in the Director upon trust; and
(f) to do anything incidental to any of his powers.
(1A) The Director may, subject to the approval of the Minister,
determine and impose charges-
(a) for entering or using a park or reserve or part of a park or
reserve;
(b) for using services or facilities provided by the Director in or
in connexion with a park, reserve or conservation zone; and
(c) for-
(i) the parking or stopping of vehicles;
(ii) the mooring or landing of vessels;
(iii) the landing of aircraft; and
(iv) the use of vehicles and vessels,
in parks and reserves.
(2) Notwithstanding anything contained in this Act, any moneys or
property vested in the Director upon trust shall be dealt with in
accordance with the powers and duties of the Director as trustee.
(3) The Director has power to perform any of his functions in
co-operation with a State, with an authority of the Commonwealth or of a
State or with a local governing body.
SECT 17A Director may obtain information and documents in relation to
the Region
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17A. (1) The Director may, by notice in writing served either
personally or by post on any person involved in or associated with
uranium mining operations in the Region, require the person-
(a) to furnish to him, by writing signed by that person, or, in the
case of a body corporate, by a competent officer of the body corporate,
within the time and in the manner specified in the notice, such
information in the possession of the person as is specified in the
notice; or
(b) to furnish to him, within the time and in the manner specified
in the notice, such documents in the possession of the person as are
specified in the notice,
being information that is, or documents that are, required for the
performance of the functions or the exercise of the powers of the
Director under this Act so far as those functions or powers relate to
those operations.
(2) A person shall not, in purported compliance with a notice served
on him under sub-section (1), knowingly furnish information that is
false or misleading.
Penalty: $1,000.
(3) It is a reasonable excuse for a person to fail to furnish
information or a document that he is required to furnish under this
section if the furnishing of the information, or the document, may tend
to incriminate him.
SECT 17B Director to have access to buildings and places in the
Region
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17B. (1) The Director, or a person authorized by the Director in
writing, is entitled, with the consent of the occupier, to full and free
access to all buildings and places in the Region for the purpose of the
performance of the functions or the exercise of the powers of the
Director under this Act, so far as those functions or powers relate to
uranium mining operations.
(2) A person shall not, without reasonable excuse, obstruct or hinder
the Director, or a person authorized by him, in the exercise of the
powers conferred by sub-section (1).
Penalty: $1,000 or imprisonment for 6 months, or both.
SECT 17C Application to Supreme Court for order with respect to
information or documents
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17C. (1) Where a person who has been served with a notice under
section 17A has refused or failed to comply, or to comply fully, with
the notice, the Director may apply to the Supreme Court of the Northern
Territory of Australia for an order under this section against that
person.
(2) The person against whom an order under this section is sought is
entitled to notice of, and to appear in, the proceedings.
(3) Where, in proceedings under this section, the Court is satisfied
that all or any of the information or documents that was or were
required by the notice to be furnished and has or have not been
furnished-
(a) is or are in the possession of, or available to, the person
against whom the order is sought; and
(b) is or are information or documents of a kind referred to in
paragraph 17A (1) (a) or (b),
the Court may make an order requiring the person against whom the order
is sought to furnish to the Director, within the time and in the manner
specified in the order, the information or documents as to which the
Court is so satisfied.
(4) The Court shall not, under this section, require a person to
furnish information or a document if the Court is satisfied that
compliance with a requirement to furnish that information or document
might tend to incriminate that person.
SECT 17D Application to Supreme Court for order with respect to
access
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17D. (1) Where the occupier of a building or place has refused, or is
unwilling, to consent to the entry of the Director or an authorized
person into that building or place under section 17B, the Director may
apply to the Supreme Court of the Northern Territory of Australia for an
order under this section against the occupier.
(2) A person against whom an order under this section is sought is
entitled to notice of, and to appear in, the proceedings.
(3) Where, in proceedings under this section, the Court is satisfied
that access by the Director or an authorized person to the building or
place to which the proceedings relate is necessary for the purpose
referred to in sub-section 17B (1), the Court may make an order
requiring the person against whom the order is sought to give his
consent, within a time specified in the order, to the entry of the
Director or an authorized person into that building or place for that
purpose.
(4) In this section, "authorized person", means a person who is an
authorized person for the purposes of section 17B.
SECT 17E Secrecy
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17E. (1) Sub-section (2) applies to every person who is or has been
the Director or a member of the staff assisting the Director.
(2) Subject to sub-section (3), a person to whom this sub-section
applies shall not, either directly or indirectly, except in the
performance of a duty under or in connexion with this Act, make a record
of, or divulge or communicate to any person, any information relating to
uranium mining operations in the Region, being information concerning
the affairs of any other person acquired by him by reason of his office
or employment under or for the purposes of this Act or otherwise in the
performance of functions or the exercise of powers under this Act.
Penalty: $1,000 or imprisonment for 6 months, or both.
(3) Sub-section (2) does not prevent the communication of information
or the production of a document by the Director or a member of the staff
assisting the Director authorized by him for that purpose-
(a) to the Minister, to the Secretary of a Department that deals
with matters arising under this Act or to an officer of, or employee in,
such a Department approved by the Secretary of that Department; or
(b) to a person to whom, in the opinion of the Minister, it is in
the public interest that the information be communicated or the document
be produced.
(4) Neither the Secretary of a Department that deals with matters
arising under this Act nor an officer of, or employee in, that
Department approved by him for the purposes of sub-section (3) shall,
either directly or indirectly, except for the purpose of advising the
Minister in connexion with this Act, make a record of, or divulge or
communicate to any person, any information relating to uranium mining
operations in the Region communicated to him by the Director or by a
member of the staff assisting the Director, being information concerning
the affairs of another person acquired by the Director or by a member of
that staff by reason of his office or employment under or for the
purposes of this Act or otherwise in the performance of functions or the
exercise of powers under this Act.
Penalty: $1,000 or imprisonment for 6 months, or both.
(5) Nothing in this section shall be taken to affect the operation of
section 9 of the Ombudsman Act 1976 or the operation of any similar
provision in a law of the Northern Territory that confers functions on a
person similar to functions conferred on the Ombudsman by that Act.
(6) A reference in this section to a member of the staff assisting the
Director is a reference to a member of the Service or a person engaged
under section 35 or performing functions and exercising powers by virtue
of section 36 or a person to whom a delegation has been made under
section 20.
SECT 17F Application of Aboriginal Land Rights (Northern Territory)
Act
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17F. Sub-section 70 (1) of the Aboriginal Land Rights (Northern
Territory) Act 1976 does not prevent a person from entering or remaining
on Aboriginal land in the exercise of powers or the performance of
functions or duties under this Act.
SECT 18 Co-operation with Aboriginals
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18. (1) Subject to sub-section (2), the Director may assist and
co-operate with Aboriginals in managing land to which this section
applies for the purpose of the protection and conservation of wildlife
in that land and the protection of the natural features of that land.
(2) The Director shall not take any action under sub-section (1) in
relation to any land (not being land within a park, reserve or
conservation zone) except- (a) after consultation with the Aboriginals,
if any, as to whom the Minister is satisfied that they have traditional
rights in relation to the land; and
(b) in accordance with an agreement between the Director and-
(i) in the case of land vested in the Commonwealth-the Minister of
State
for Aboriginal Affairs;
(ii) in the case of land vested in a State-the Minister of that
State or
the authority of that State, as the case may be, having responsibility
for the administration of that land; or
(iii) in the case of any other land-the person in whom, or body in
which,
the land is vested.
(3) With the consent of the person with whom, or the party or body
with which, such an agreement is made by the Director in relation to any
land, the Governor-General may, by Proclamation, assign a name to that
land.
(4) This section applies to-
(a) land vested in an Aboriginal or Aboriginals or in a body
corporate that is wholly owned by Aboriginals;
(b) land held upon trust for the benefit of Aboriginals; or
(b) co-operate with a State or the Northern Territory or with an
authority of a State or of the Northern Territory in formulating and
implementing, programs for the purposes of the protection, conservation,
management and control of wildlife.
(2) A program formulated under sub-section (1) shall be based upon,
among other matters-
(a) an examination of the habitat of the wildlife to which the
program relates;
(b) an evaluation of the extent to which parks and reserves
(including parks and reserves established under a law of a State or
Territory) assist in the conservation of the wildlife to which the
program relates;
(c) an assessment and analysis of the population of the wildlife to
which the program relates; and
(d) consideration of the obligations of Australia under agreements
between Australia and other countries relating to the protection and
conservation of wildlife,
and shall provide for the review, at appropriate intervals, of the
matters referred to in paragraphs (a), (b), (c) and (d).
(3) This section is not intended to exclude or limit the concurrent
operation of any law of a State or of the Northern Territory.
(4) A program shall not be implemented by the Director under this
section until it has been approved by the Minister.
SECT 20 Delegation
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20. (1) Subject to any directions of the Minister, the Director may,
by writing signed by him, delegate to a person all or any of his powers
and functions under this Act (except this power of delegation).
(2) A power or function so delegated may be exercised or performed by
the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not
prevent the exercise of a power or the performance of a function by the
Director.
SECT 21 Contracts and leases
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
21. (1) The Director shall not, without the approval of the Minister-
(a) enter into a contract involving the payment or receipt of an
amount exceeding $100,000 or, if a higher amount is prescribed, that
higher amount; or
(b) take any land on lease for a period exceeding 10 years.
(2) Sub-section (1) does not apply in relation to a lease of
Aboriginal land.
SECT 22 Appointment of Director
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
22. (1) The Director shall be appointed by the Governor-General.
(2) The Director holds office on such terms and conditions (if any) in
respect of matters not provided for by this Act as are determined by the
Governor-General.
SECT 23 Qualifications
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
23. A person shall not be appointed to be the Director unless he has
such qualifications and experience in connexion with national parks or
the conservation and management of animals and plants as, in the opinion
of the Governor-General, render him suitable for the appointment.
SECT 24 Term of office
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
24. (1) The Director shall be appointed for such period, not exceeding
7 years, as is specified in the instrument of appointment, but is
eligible for re-appointment.
(2) A person who has attained the age of 65 years shall not be
appointed or re-appointed as the Director, and a person shall not be
appointed or re-appointed as the Director for a period that extends
beyond the date on which he will attain the age of 65 years.
SECT 25 Remuneration and allowances
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
25. (1) The Director shall be paid such remuneration as is determined
by the Remuneration Tribunal, but, if no determination of that
remuneration by the Tribunal is in operation, he shall be paid such
remuneration as is prescribed.
(2) Subject to the Remuneration Tribunals Act 1973-1974, the Director
shall be paid such allowances as are prescribed.
SECT 26 Leave of absence
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
26. The Minister may grant leave of absence to the Director upon such
terms and conditions as to remuneration or otherwise as the Minister
determines.
SECT 27 Resignation
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
27. The Director may resign his office by writing signed by him and
delivered to the Governor-General.
SECT 28 Termination of office
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
28. (1) The Governor-General may terminate the appointment of the
Director by reason of misbehaviour or physical or mental incapacity.
(2) If the Director-
(a) engages in paid employment outside the duties of his office
without the approval of the Minister;
(b) is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days or for 28 days in any 12 months; or
(c) becomes bankrupt or applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with his
creditors or makes an assignment of his remuneration for their benefit,
the Governor-General shall terminate his appointment.
SECT 29 Acting Director
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
29. (1) The Minister may appoint a person to act as the Director-
(a) during a vacancy in the office of Director, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Director is
absent from duty or from Australia or, for any reason, is unable to
perform the functions of his office.
(2) A person appointed to act during a vacancy shall not continue so
to act for more than 12 months.
(3) The Minister may-
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed under this section;
and
(b) at any time terminate such an appointment.
(4) Where a person is acting in the office of Director in accordance
with paragraph (1) (b), and the office becomes vacant while he is so
acting, he may continue so to act until the Minister otherwise directs,
the vacancy is filled or a period of 12 months from the date on which
the vacancy occurred expires, whichever first happens.
(5) The appointment of a person under this section ceases to have
effect if he resigns the appointment by writing signed by him and
delivered to the Minister.
(6) The validity of anything done by a person appointed under this
section shall not be called in question on the ground that the occasion
for his appointment had not arisen or that his appointment had ceased to
have effect.
SECT 30 Powers etc. of Acting Director
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
30. (1) At any time when a person is acting in the office of Director
he has, and may exercise, all the powers, and shall perform all the
functions, of the Director and shall be deemed to be the Director for
the purposes of any reference to the Director in any other law.
(2) At any time when a person is acting in the office of Director in
accordance with paragraph 29 (1) (a), he shall be deemed to constitute
the corporation referred to in section 15.
PART IV-ADMINISTRATION
SECT 33 Establishment of Service
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
33. There is established by this Act, for the purpose of assisting the
Director in the performance of his functions, a Service by the name of
the Australian National Parks and Wildlife Service.
SECT 34 Constitution of Service
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
34. (1) The persons who constitute the Service shall be persons
appointed or employed under the Public Service Act 1922-1974 and having
duties for the purposes of the Service.
(2) The Director has all the powers of, or exercisable by, a Secretary
under the Public Service Act 1922-1974, so far as those powers relate to
the branch of the Australian Public Service comprising the persons
referred to in sub-section (1), as if that branch were a separate
Department of the Australian Public Service.
(3) For the purposes of section 26 of the Public Service Act
1922-1974, the Director shall be deemed to be a Secretary.
SECT 35 Performance of services by other persons
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
35. Notwithstanding section 34, the Director may, with the consent of
the Minister, engage persons, not being persons referred to in that
section, to provide services for the Director.
SECT 36 Officers and employees of governments and authorities
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
36. (1) The Government of the Commonwealth may make arrangements with
the Government of a State for the performance of functions and the
exercise of powers under this Act by officers or employees of that State
or of an authority of that State.
(2) The Director may make arrangements with the Secretary of a
Department of the Australian Public Service, or with an authority of the
Commonwealth, for the performance of functions and the exercise of
powers under this Act by officers or employees of the Department or of
the authority, as the case may be.
(3) The Government of the Commonwealth-
(a) shall, from time to time, consult with, and have regard to the
views of, the Administrator of the Northern Territory in relation to the
performance of functions and the exercise of powers under this Act by
officers or employees of the Territory or of an authority of the
Territory; and
(b) may make arrangements with the Administrator for the
performance of those functions and the exercise of those powers by such
officers or employees.
(4) The Director may make arrangements with the Head of a Department
of the Public Service of the Northern Territory, or with an authority of
the Territory, for the performance of functions and the exercise of
powers under this Act by officers or employees of the Department or of
the authority, as the case may be.
(5) An arrangement under this section shall not be inconsistent with
any law or with any agreement between the Commonwealth and an Aboriginal
Land Council established by the Aboriginal Land Rights (Northern
Territory) Act 1976 or between the Director and any such Land Council.
(6) The references in paragraphs (3) (a) and (b) to the Administrator
of the Northern Territory shall be read as references to the
Administrator of the Northern Territory acting with the advice of the
Executive Council of the Northern Territory.
SECT 37 Appointment of wardens and rangers
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
37. The Director may, by instrument in writing, appoint-
(a) an officer of, or employee in, the Service; or
(b) an officer or employee referred to in section 36,
as a warden or as a ranger.
SECT 38 Wardens ex officio
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
38. By force of this section, the Director and any member or special
member of the Australian Federal Police or member of the police force of
a Territory is a warden.
SECT 39 Identity cards
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
39. (1) The Director shall cause to be issued to each warden, other
than a member of a police force, and to each ranger, an identity card in
the form prescribed, containing a photograph of the holder.
(2) A person who ceases to be a warden or a ranger shall forthwith
return his identity card to the Director.
Penalty: $100.
SECT 40 Arrest without warrant
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
40. (1) A warden may, without warrant, arrest any person, if the
warden reasonably believes-
(a) that the person has committed an offence against this Act; and
(b) that proceedings against the person by summons would not be
effective.
(2) Where a warden (other than a member of a police force who is in
uniform) arrests a person under sub-section (1), he shall-
(a) in the case of a member of a police force-produce, for
inspection by that person, written evidence of the fact that he is a
member of a police force; or
(b) in any other case-produce his identity card for inspection by
that person.
(3) Where a person is arrested under sub-section (1), a warden shall
forthwith bring the person, or cause him to be brought, before a Justice
of the Peace or other proper authority to be dealt with in accordance
with law.
(4) Nothing in this section prevents the arrest of a person in
accordance with any other law.
(5) The powers conferred by sub-section (1) may be exercised anywhere
in Australia or the Australian coastal sea or in a park or reserve
outside the Australian coastal sea.
SECT 41 Confiscation and forfeiture
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
41. (1) Where a court convicts a person of an offence against this
Act, the court may order the forfeiture to the Commonwealth of any
vehicle, aircraft, vessel or article used or otherwise involved in the
commission of the offence.
(2) A warden may seize any vehicle, aircraft, vessel or article that
he reasonably believes to have been used or otherwise involved in the
commission of an offence against this Act and may retain it until the
expiration of a period of 60 days after the seizure or, if a prosecution
for an offence against this Act in the commission of which it may have
been used or otherwise involved is instituted within that period, until
the prosecution is terminated.
(3) The Director may authorize a vehicle, aircraft, vessel or article
seized under sub-section (2) to be released to its owner, or to the
person from whose possession it was seized, either unconditionally or on
such conditions as he thinks fit, including conditions as to the giving
of security for payment of its value if it is forfeited.
(4) A vehicle, aircraft, vessel or article forfeited under this
section may be sold or otherwise disposed of as the Director thinks fit.
(5) A warden may seize-
(a) any animal or plant that he reasonably believes to have been
killed or taken in contravention of this Act; or
(b) any animal that he reasonably believes to have been used or
otherwise involved in the commission of an offence against this Act.
(6) Where an animal or plant has been seized under sub-section (5),
the Director may cause it to be-
(a) retained; or
(b) sold or otherwise disposed of.
(7) Where an animal or plant seized under sub-section (5) was not
killed or taken in contravention of this Act or used or otherwise
involved in the commission of an offence against this Act, any person
who has suffered loss or damage by reason of the seizure is entitled to
reasonable compensation.
SECT 42 General powers of warden and rangers
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
42. (1) A warden may, in a park or reserve in Australia or the
Australian coastal sea or in a conservation zone, search a vehicle,
aircraft or vessel for the purpose of ascertaining whether there is in
or on that vehicle, aircraft or vessel-
(a) any animal, plant or article in respect of which an offence
against this Act has been committed; or
(b) anything that will afford evidence as to the commission of an
offence against this Act,
and for that purpose stop or detain a vehicle, aircraft or vessel.
(2) A warden may, anywhere in Australia or the Australian coastal sea
or in a park or reserve outside the Australian coastal sea, search a
vehicle, aircraft or vessel if he believes on reasonable grounds that
there is in or on that vehicle, aircraft or vessel-
(a) any animal, plant or article in respect of which an offence
against this Act has been committed; or
(b) anything that will afford evidence as to the commission of an
offence against this Act, and for that purpose stop or detain a vehicle,
aircraft or vessel.
(3) A warden or ranger may, in a park, reserve or conservation zone-
(a) require any person whom he finds committing, or whom he
reasonably suspects of having committed, an offence against this Act to
state his full name and usual place of residence;
(b) require any person whom he finds committing, or whom he
reasonably suspects of having committed, an offence against this Act to
leave that park, reserve or conservation zone; and
(c) require any person whom he reasonably suspects of having done
an act in respect of which the person is required to hold a licence,
permit or other authority under this Act to produce such a licence or
permit or evidence of such an authority.
(4) Where a warden (other than a member of a police force who is in
uniform) stops, or proposes to search or detain, a vehicle, aircraft or
vessel, he shall- (a) in the case of a member of a police force-produce,
for inspection by the person in charge of the vehicle, aircraft or
vessel, written evidence of the fact that he is a member of a police
force; or
(b) in any other case-produce his identity card for inspection by
that person,
and, if he fails to do so, he is not authorized to search or detain that
vehicle, aircraft or vessel.
(5) Where a warden (other than a member of a police force who is in
uniform) or a ranger makes a requirement of a person in pursuance of
sub-section (3), he shall-
(a) in the case of a member of a police force-produce, for
inspection by that person, written evidence of the fact that he is a
member of a police force; or
(b) in any other case-produce his identity card for inspection by
that person,
and, if he fails to do so, that person is not obliged to comply with the
requirement.
(6) A person who, without reasonable excuse, fails to comply with a
requirement made of him by a warden or ranger under sub-section (1), (2)
or (3) is guilty of an offence punishable, upon conviction, by a fine
not exceeding $1,000.
SECT 43 Assaulting etc. warden or ranger
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
43. A person who assaults or threatens a warden or ranger acting in
the performance of his duties under this Act is guilty of an offence and
is punishable-
(a) upon summary conviction-by a fine not exceeding $1,000, or
imprisonment for a period not exceeding 6 months, or both; or
(b) upon conviction on indictment-by a fine not exceeding $2,000,
or imprisonment for a period not exceeding 2 years, or both.
SECT 44 Personation
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
44. A person who, by words or conduct, falsely represents that he is a
warden or a ranger is guilty of an offence and is punishable-
(a) upon summary conviction-by a fine not exceeding $1,000, or
imprisonment for a period not exceeding 6 months, or both; or
(b) upon conviction on indictment-by a fine not exceeding $2,000,
or imprisonment for a period not exceeding 2 years, or both.
PART V-FINANCE
SECT 45 Establishment of Fund
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
45. (1) There is established by this Act a fund by the name of the
Australian National Parks and Wildlife Fund.
(2) The Fund is vested in the Director.
SECT 46 Payments to Fund and to Consolidated Revenue Fund
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
46. (1) There shall be paid into the Fund-
(a) such moneys as are appropriated by the Parliament for the
purposes of this Act;
(b) the proceeds of the sale of any property acquired out of moneys
standing to the credit of the Fund;
(c) the proceeds of a sale made in pursuance of section 41;
(d) any amount paid as a fine or other penalty imposed under this
Act;
(e) any moneys paid by a person to the Director where payment of
those moneys into the Fund would be consistent with the purposes for
which the moneys are paid and the Minister for Finance considers it
appropriate that the moneys should be paid into the Fund;
(f) any charges paid in pursuance of sub-section 17 (1A); and
(g) any other moneys, not being moneys referred to in sub-section
(2), received by the Director in the performance of his functions.
(2) All moneys payable to the Director in respect of leases, licences,
permits and other authorities granted by the Director shall be collected
and received by the Director on account of and shall be paid into the
Consolidated Revenue Fund.
SECT 47 Bank accounts
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
47. (1) For the purposes of this Act, the Director may open and
maintain an account or accounts with an approved bank or approved banks
and shall maintain at all times at least one such account.
(2) The Director shall pay all moneys received by him in the
performance of his functions, other than moneys referred to in
sub-section 46 (2), into an account referred to in sub-section (1).
(3) Payment of moneys into an account maintained under this section
shall be deemed to be payment of those moneys into the Fund.
(4) In this section, "approved bank" means a bank for the time being
approved by the Treasurer.
SECT 48 Application of moneys
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
48. The moneys of the Fund shall be applied only-
(a) in payment or discharge of the costs, expenses and other
obligations incurred by the Director in the performance of his
functions; and
(b) in payment of any remuneration and allowances, and of any
compensation (other than compensation payable under sub-section 8B (2)),
payable under this Act.
SECT 49 No borrowing or investment
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
49. The Director shall not-
(a) borrow moneys from any person in the performance of his
functions; or
(b) invest any moneys of the Fund otherwise than directly in the
performance of his functions.
SECT 50 Estimates
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
50. (1) The Director shall prepare estimates, in such form as the
Minister directs, of his receipts and expenditure for each financial
year and, if so directed by the Minister, for any other period and shall
submit those estimates to the Minister not later than such date as the
Minister directs.
(2) Moneys shall not be expended by the Director in the performance of
his functions except in accordance with estimates of expenditure
approved by the Minister.
SECT 51 Proper accounts to be kept
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
51. The Director shall cause to be kept proper accounts and records of
the transactions and affairs of the Director and of the Fund and shall
do all things necessary to ensure that all payments out of the Fund are
correctly made and properly authorized and that adequate control is
maintained over the assets of, or in the custody of, the Director and
over the incurring of liabilities by the Director.
SECT 52 Annual reports
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
52. (1) The Director shall, as soon as practicable after the end of
each financial year, prepare and furnish to the Minister, for
presentation to the Parliament, a report of his operations during that
year together with financial statements in respect of that year in such
form as the Minister for Finance approves.
(2) Before furnishing financial statements to the Minister, the
Director shall submit them to the Auditor-General, who shall report to
the Minister-
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and
records;
(c) whether the receipt and expenditure of moneys, and the
acquisition and disposal of assets, by the Director during the year have
been in accordance with this Act; and
(d) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the Minister.
(3) The Minister shall cause the report and financial statements of
the Director, together with the report of the Auditor-General, to be
laid before each House of the Parliament within 15 sitting days of that
House after their receipt by the Minister.
(4) The first report and financial statements of the Director under
this section shall be furnished as soon as practicable after 30 June
1975, and shall relate to the operations of the Director during the
period that commenced at the commencement of this Act and ended on that
date.
SECT 53 Audit
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
53. (1) The Auditor-General shall inspect and audit the accounts and
financial records kept under section 51 and shall forthwith draw the
Minister's attention to any irregularity disclosed by the inspection and
audit that in the opinion of the Auditor-General is of sufficient
importance to justify his so doing.
(2) The Auditor-General may, at his discretion, dispense with all or
any part of the detailed inspection and audit of any accounts or records
referred to in sub-section (1).
(3) The Auditor-General shall, at least once in each financial year,
report to the Minister the results of the inspection and audit carried
out under sub-section (1).
(4) The Auditor-General or a person authorized by him is entitled at
all reasonable times to full and free access to all accounts, records,
documents and papers relating directly or indirectly to the payment of
moneys into or out of the Fund or to the acquisition, receipt, custody
or disposal of assets by the Director.
(5) The Auditor-General or a person authorized by him may make copies
of, or take extracts from, any accounts, records, documents or papers
referred to in sub-section (4).
(6) The Auditor-General or a person authorized by him may require a
person to furnish him with such information in the possession of the
person or to which the person has access as the Auditor-General or
authorized person considers necessary for the purposes of the functions
of the Auditor-General under this Act, and the person shall comply with
the requirement.
(7) A person who contravenes sub-section (6) is guilty of an offence
punishable, upon conviction, by a fine not exceeding $200.
SECT 54 Exemption from taxation
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
54. The income of the Fund and the property and transactions of the
Director are not subject to taxation under a law of the Commonwealth or
of a State or Territory.
PART VI-TRANSFER OF CERTAIN OFFICERS AND EMPLOYEES
SECT 55 Interpretation
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
55. In this Part, unless the contrary intention appears-
"employed", in relation to the Public Service, means employed under
Division 10 of Part III of the Public Service Act, and "employment" and
"employee" shall be construed accordingly;
"officer of the Reserves Board" means a person employed under section
19 of the National Parks and Gardens Ordinance 1959, as amended, of the
Northern Territory;
"Public Service" means the Service constituted under the Public
Service Act;
"Public Service Act" means the Public Service Act 1922-1974;
"Public Service Board" means the Board constituted under the Public
Service Act;
"Reserves Board" means the Board continued in existence under the
National Parks and Gardens Ordinance 1959, as amended, of the Northern
Territory.
SECT 56 Incorporation with Public Service Act
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
56. The provisions of this Part relating to the appointment of persons
to, and the employment of persons in, the Public Service are
incorporated and shall be read as one with the Public Service Act.
SECT 57 Arrangement for transfer
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
57. The Public Service Board may enter into an arrangement with the
Reserves Board with respect to the transfer of officers of the Reserves
Board to the Public Service.
SECT 58 Right to elect to transfer
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
58. (1) For the purposes of giving effect to an arrangement entered
into under section 57, the Public Service Board may, by notice in
writing addressed to an officer of the Reserves Board-
(a) inform him that he may elect to be appointed to the Public
Service; or
(b) inform him that he may elect to be employed in the Public
Service in the Australian National Parks and Wildlife Service.
(2) An election in pursuance of a notice given under sub-section (1)
shall be in writing addressed to the Public Service Board and shall be
delivered to the Secretary of that Board within the period of 60 days
after the date of the notice or within such further period as that
Board, within that period of 60 days, allows.
(3) A notice under sub-section (1) shall include particulars of the
proposed appointment or employment.
SECT 59 Appointment to Public Service
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
59. Where a person elects, in pursuance of a notice given under
section 58, to be appointed to the Public Service, the Public Service
Board may (notwithstanding anything contained in the Public Service Act,
except in paragraphs 34 (1) (a) and (c) of that Act) appoint him
accordingly.
SECT 60 Temporary employment in Public Service
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
60. (1) Where a person elects, in pursuance of a notice given under
section 58, to be employed in the Public Service in the Australian
National Parks and Wildlife Service, the Public Service Board may
authorize his employment accordingly.
(2) Sub-sections 82 (1) and (2) of the Public Service Act do not apply
in relation to any employment authorized by the Public Service Board
under sub-section (1).
SECT 61 Rate of remuneration
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
61. (1) Subject to this section, the provisions of Division 6 of Part
III of the Public Service Act relating to the reduction in, or
suspension of, remuneration payable to an officer, the Commonwealth
Employees (Redeployment and Retirement) Act 1979 and to any law
providing for a reduction in the remuneration payable to officers of the
Public Service generally, the rate of remuneration of a person appointed
or employed under this Part shall, while he continues in the Public
Service, be not less favourable than that to which, in the opinion of
the Public Service Board, he would have been entitled in respect of the
normal position which he occupied as an officer of the Reserves Board
immediately before his appointment or employment under this Part.
(2) Where, by virtue of sub-section (1), the remuneration to which a
person is entitled would or might be increased by reason of an increment
of salary in respect of the normal position which he occupied as an
officer of the Reserves Board, his entitlement to the increase is
subject to the provisions of the regulations under the Public Service
Act, and of the determinations in force under sub-section 9 (7A) or
section 82D of that Act that are applicable to him, relating to
increments of salary.
(3) In this section, "remuneration" means salary or pay and includes
such allowances as, in the opinion of the Public Service Board, should
be regarded as having formed part of the salary or pay of the person in
his normal position as an officer of the Reserves Board.
SECT 62 Prior service reckoned as service in Public Service
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
62. Where a person is appointed or employed under this Part and his
service in the Public Service is continuous with permanent service or
temporary service, as the case may be, of that person with the Reserves
Board (including any service deemed under the law of the Northern
Territory to have been continuous service) that service with the
Reserves Board shall be reckoned, for the purposes of the Public Service
Act and the Long Service Leave (Commonwealth Employees) Act 1976, as
service in the Public Service.
SECT 63 Accrued recreation or sick leave
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
63. A person appointed or employed under this Part preserves his
eligibility for the grant of leave of absence for recreation or sickness
that had accrued immediately prior to his being so appointed or
employed.
SECT 64 Special conditions of employment
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
64. (1) For the purpose of ensuring that the conditions of employment
of a person appointed or employed under this Part are, as far as
possible, as favourable as those which, in the opinion of the Public
Service Board, he enjoyed as an officer of the Reserves Board, the
Public Service Board may, notwithstanding anything in the Public Service
Act or any other law-
(a) determine any conditions of employment that are to apply to
him; or
(b) determine that an allowance is payable to him as compensation,
or both.
(2) In this section, "conditions of employment" includes conditions
relating to salary, pay or allowances, but does not include conditions
relating to superannuation.
PART VII-MISCELLANEOUS
SECT 65 Averment in relation to parks, reserves and conservation
zones
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NPWC 75/89(2) TOP
65. In any proceedings for an offence against this Act, an averment of
the prosecutor, contained in the information or complaint, that, at a
specified time-
(a) the defendant was in a specified park, reserve or conservation
zone; or
(b) an animal, plant, vehicle, aircraft, vessel or article referred
to in the information or complaint was in a specified park, reserve or
conservation zone, is prima facie evidence of the matter averred.
SECT 67 Prosecution of offences
NPWC 75/89(2) IDX
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67. (1) An offence against this Act may be prosecuted summarily or
upon indictment or, where the law of the State or Territory in which the
proceedings are brought makes provision for an offender who pleads
guilty to a charge to be dealt with by the court otherwise than on
indictment, the court may deal with an offender in accordance with that
law.
(2) Nothing in sub-section (1) renders an offender liable to be
punished more than once for an offence.
(3) Where proceedings for an offence against this Act are brought in a
court of summary jurisdiction, the court may commit the defendant for
trial or to be otherwise dealt with in accordance with law or with the
consent of the defendant and of the prosecutor may, if the court is
satisfied that it is proper to do so, determine the proceedings
summarily.
SECT 68 Changes in office of Director
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NPWC 75/89(2) TOP
68. An authority given, or a delegation or appointment made, by a
person for the time being holding or acting in the office of Director
continues in force notwithstanding that the person ceases to hold or act
in that office, but may be revoked by a person later holding or acting
in that office.
SECT 69 International agreements
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NPWC 75/89(2) TOP
69. (1) The Governor-General may make regulations for and in relation
to giving effect to an agreement specified in the Schedule.
(2) Regulations made under sub-section (1) in relation to an agreement
that has not entered into force for Australia shall not come into
operation on a date earlier than the date on which the agreement enters
into force for Australia.
(3) Sub-sections 71 (5), (7) and (8) apply in relation to regulations
made under this section in like manner as they apply in relation to
regulations made under section 71.
SECT 70 Traditional use of land and water by Aboriginals
NPWC 75/89(2) IDX
NPWC 75/89(2) TOP
70. (1) Subject to sub-section (2) and to the operation of this Act in
relation to parks, reserves and conservation zones, nothing in this Act
prevents Aboriginals from continuing, in accordance with law, the
traditional use of any area of land or water for hunting or
food-gathering (otherwise than for purposes of sale) and for ceremonial
and religious purposes.
(2) The operation of sub-section (1) is subject to regulations made
for the purpose of conserving wildlife in any area and expressly
affecting the traditional use of the area by Aboriginals.
SECT 71 Regulations
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71. (1) The Governor-General may make regulations, not inconsistent
with this Act, prescribing all matters required or permitted by this Act
to be prescribed or necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) Without limiting the generality of sub-section (1), regulations
may be made-
(a) providing for functions and powers to be conferred, and duties
to be imposed, upon wardens and rangers;
(b) providing for the protection and conservation of wildlife;
(c) regulating trade and commerce in connexion with wildlife in a
Territory;
(d) regulating or prohibiting the pollution of soil, air or water
in a manner that is, or is likely to be, harmful to people or wildlife
in, or to the natural features of, parks and reserves;
(da) regulating or prohibiting tourism in parks and reserves;
(e) providing for the protection and preservation of parks and
reserves and property and things in parks and reserves;
(f) regulating or prohibiting access to the whole or part of a park
or reserve by persons or classes of persons;
(g) providing for the removal of trespassers from parks and
reserves;
(h) regulating or prohibiting camping in parks and reserves;
(i) providing for the safety of persons in parks and reserves;
(j) regulating or prohibiting the use of fire in parks and
reserves;
(k) regulating the conduct of persons in parks and reserves;
(l) regulating or prohibiting the carrying on of any trade or
commerce in a
park or reserve;
(n) regulating or prohibiting the use of vehicles in parks and
reserves and providing for signs and road markings for those purposes;
(p) providing for the removal of vehicles, aircraft or vessels from
places in parks and reserves where they have been left in contravention
of the regulations or have been abandoned and for the impounding of such
vehicles, aircraft or vessels;
(q) making provision to the effect that, where a contravention of a
provision of the regulations relating to the parking or stopping of
vehicles in a park or reserve occurs in respect of a motor vehicle, the
person who is to be regarded as the owner of the motor vehicle for the
purposes of the regulations (who may, in accordance with the
regulations, be or include a person in whose name the motor vehicle is
registered under the law of a State or Territory) is to be, except as
provided otherwise, deemed to have committed an offence against the
provision so contravened, whether or not he in fact contravened that
provision;
(r) enabling a person who is alleged to have contravened a
provision of the regulations relating to-
(i) littering;
(ii) the use of vehicles or vessels;
(iii) the parking or stopping of vehicles;
(iv) the mooring or landing of vessels; or
(v) the landing, use or flying of aircraft,
to pay to the Director, as an alternative to prosecution, a specified
penalty, not exceeding the maximum penalty by which a contravention of
that provision is otherwise punishable;
(s) regulating or prohibiting the use of vessels in, and the
passage of vessels through, parks and reserves and the landing and use
of aircraft in, and the flying of aircraft over, parks and reserves;
(t) providing for giving effect to plans of management in relation
to parks and reserves;
(u) regulating or prohibiting the taking of animals or plants into,
or out of, parks and reserves;
(v) providing for the impounding, removal, destruction or disposal
of animals found straying in parks and reserves;
(w) regulating or prohibiting the taking into parks and reserves,
and the use in parks and reserves, of weapons, traps, nets, snares,
fishing apparatus and other devices;
(x) regulating or prohibiting the laying of baits and the use of
explosives and poisons in parks and reserves;
(y) providing for the collection of specimens and the pursuit of
research in parks and reserves for scientific purposes;
(z) providing for the issue of licences, permits and authorities,
the conditions subject to which they are issued and the charging of fees
by the Director in respect of such licences, permits and authorities;
and
(za) providing for any matter incidental to or connected with any
of the foregoing.
(3) A provision of the regulations regulating or prohibiting the
flying of aircraft over a park or reserve does not have any force or
effect to the extent to which it is inconsistent with a law of the
Commonwealth, but such a provision shall not be taken for the purposes
of this sub-section to be inconsistent with such a law if it can be
complied with without contravention of that law.
(3A) A law of a Territory has effect to the extent to which it is not
inconsistent with a provision of the regulations having effect in that
Territory, but such a law shall not be taken for the purposes of this
sub-section to be inconsistent with such a provision to the extent that
it is capable of operating concurrently with that provision.
(4) Regulations with respect to a matter shall be regulations
applicable to that matter only so far as that matter may be dealt with
under the powers of the Parliament, including its powers with respect
to-
(a) the government of a Territory;
(b) places acquired by Australia for public purposes;
(c) the Australian coastal sea;
(d) matters arising out of the rights (including sovereign rights)
of Australia in relation to the continental shelf of Australia;
(e) trade and commerce with other countries including the import or
export of animals and plants;
(f) fisheries in Australian waters beyond territorial limits; and
(g) statistics relating to animals and plants.
(5) The power to make regulations conferred by this Act may be
exercised-
(a) in relation to all cases to which the power extends, or in
relation to all those cases subject to specified exceptions, or in
relation to any specified cases or classes of case; and
(b) so as to make, as respects the cases in relation to which it is
exercised, the same provision for all those cases or different provision
for different cases or classes of case.
(6) The power to make regulations conferred by this Act shall not be
taken, by implication, to exclude the power to make provision for or in
relation to a matter by reason only of the fact that-
(a) a provision is made by this Act in relation to that matter or
another matter; or
(b) power is expressly conferred by this Act to make provision by
regulation for or in relation to another matter.
(7) The regulations may provide, in respect of an offence against the
regulations, for the imposition of-
(a) a fine not exceeding $5,000; or
(b) a fine not exceeding $1,000 for each day during which the
offence continues.
(8) The limitation imposed by sub-section (7) on the penalties that
may be prescribed by the regulations does not prevent the regulations
from requiring a person to make a statutory declaration.
SCHEDULE
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SCHEDULE
Section 6
9
AGREEMENTS BETWEEN AUSTRALIA AND OTHER COUNTRIES
1. Convention on Wetlands of International Importance especially as Waterfowl
Habitat adopted on 2 February 1971 by the International Conference on the
Conservation of Wetlands and Waterfowl held at Ramsar, Iran.
3. Convention concerning the protection of the world cultural and natural
heritage adopted on 16 November 1972 by the General Conference of the United
Nations Educational, Scientific and Cultural Organisation at its seventeenth
session held at Paris.
4. Convention on International Trade in Endangered Species of Wild Fauna and
Flora signed at Washington on 3 March 1973.
5. Agreement between the Government of Australia and the Government of Japan
for the Protection of Migratory Birds and Birds in Danger of Extinction and
their Environment signed at Tokyo on 6 February 1974.
