{"id":"cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-act-1981","name":"Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981","slug":"cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-act-1981","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29898,"registerId":"nt-cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-act-1981-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981","content":"NORTHERN TERRITORY OF AUSTRALIA\nCOBOURG PENINSULA ABORIGINAL LAND, SANCTUARY AND MARINE\nPARK ACT 1981\nAs in force at 28 August 2013\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Land Council to consult with traditional Aboriginal owners .............. 3\n5 Vesting of land in trustees ............................................................... 3\n6 Additional areas ............................................................................... 4\n7 Trustees........................................................................................... 4\n8 Members of Land Trust ................................................................... 5\n9 Resignation of trustee ...................................................................... 6\n10 Appointment of new trustees ........................................................... 6\n11 Entitlement to use and occupation................................................... 6\n12 Establishment of national park......................................................... 6\n13 Deed of grant ................................................................................... 6\n14 Registrar-General to register deed .................................................. 7\n15 Annual fee for use of sanctuary as national park ............................. 7\n16 Title inalienable................................................................................ 8\n17 Acquisition ....................................................................................... 8\nPart II Administration\n18 Establishment of Board ................................................................... 9\n19 Membership of Board ...................................................................... 9\n20 Resignation of member ................................................................. 10\n21 Appointment of new members ....................................................... 10\n22 Chairman and Deputy Chairman ................................................... 11\n23 Calling of meetings, procedure, &c. ............................................... 11\nPart III Functions and powers of the Board and\nthe Commission\n24 Functions of Board ........................................................................ 13\n25 Functions of Commission .............................................................. 13\n26 Powers........................................................................................... 14\nPart IV Plans of management\n27 Plans of management .................................................................... 14\n28 Consideration of plan by Assembly ............................................... 16\n\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 ii\n29 Amendment, &c., of plan of management ..................................... 18\n30 Access to areas ............................................................................. 18\n31 Actions not to be taken except in accordance with plan of\nmanagement.................................................................................. 19\nPart V Mining\n32 Effect of Part .................................................................................. 19\n33 Mining activities ............................................................................. 19\n34 Fees or compensation amounts for right to explore and mine\non sanctuary .................................................................................. 20\n34A Mining activities on marine park .................................................... 20\nPart VI By-laws\n35 By-laws .......................................................................................... 20\n36 Inconsistent by-laws ...................................................................... 24\nPart VII Miscellaneous\n37 Territory Parks Act provisions to apply .......................................... 24\n38 Audit, &c., provisions ..................................................................... 25\n39 Lease to be granted to company ................................................... 25\n40 Land ceasing to be part of the sanctuary....................................... 26\n41 Reservations revoked .................................................................... 26\n42 No repeal by implication ................................................................ 26\nSchedule Cobourg Peninsula Sanctuary\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 28 August 2013\n____________________\nCOBOURG PENINSULA ABORIGINAL LAND, SANCTUARY AND MARINE\nPARK ACT 1981\nAn Act to acknowledge and secure the right of Aboriginals to occupy\nand use certain land on the Cobourg Peninsula in the Northern Territory\nof Australia, to vest that land in trustees for Aboriginals, to declare that\nland to be a national park, making certain provisions relating to the\nmanagement of adjacent marine areas and for related purposes\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Cobourg Peninsula Aboriginal Land,\nSanctuary and Marine Park Act 1981.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\nAboriginal means a person who is a member of the Aboriginal race\nof Australia.\nAboriginal tradition means the body of traditions, observances,\ncustoms and beliefs of Aboriginals or of a community or group of\nAboriginals, and includes traditions, observances, customs and\nbeliefs as applied in relation to particular persons, sites, areas of\nland, things or relationships.\nAboriginals entitled to use or occupy the sanctuary and/or\nmarine park means the Aboriginals who are not traditional\nAboriginal owners but who are entitled by Aboriginal tradition to use\nor occupy the sanctuary and/or marine park or part thereof whether\nby reason of spiritual affiliation to the land or part or for whatever\nother reason may be recognized by Aboriginal tradition.\n\nPart I Preliminary\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 2\nBoard means the Cobourg Peninsula Sanctuary and Marine Park\nBoard established by section 18.\nCommission means the Commission within the meaning of the\nParks and Wildlife Commission Act 1980.\ngroup means all the traditional Aboriginal owners and the\nAboriginals entitled to use or occupy the sanctuary and/or marine\npark.\nLand Council means the Northern Land Council established under\nthe Aboriginal Land Rights (Northern Territory) Act 1976 of the\nCommonwealth.\nLand Trust means the Cobourg Peninsula Sanctuary Land Trust\nestablished by section 7.\nmarine park means the Cobourg Marine Park declared under\nsection 12 of the Territory Parks and Wildlife Conservation\nAct 1976.\nminerals includes:\n(a) gold, silver, copper, tin and other metals;\n(b) coal, shale, petroleum and valuable earths and substances;\n(c) mineral substances;\n(d) gems and precious stones; and\n(e) ores and other substances containing minerals,\nwhether suspended in water or not, and includes water.\nmining interest means any title, authority or other right or interest\nin relation to land (including a mineral exploration licence) granted\nunder a law of the Territory relating to mining for minerals.\nplan of management means the plan of management for the\nwhole or a part of the sanctuary and/or marine park prepared under\nsection 27 by or on behalf of the Board.\nsanctuary means:\n(a) the area described in the Schedule as the Cobourg Peninsula\nSanctuary; and\n(b) the additional areas, if any, the estate or interest of the Crown\nin which is granted and vested by section 6 in the Land Trust,\n\nPart I Preliminary\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 3\nand includes the waters on the sanctuary.\ntraditional Aboriginal owners means a local descent group of\nAboriginals who:\n(a) have common spiritual affiliations to a site on the sanctuary\nand/or marine park, being affiliations that place the group\nunder a primary spiritual responsibility for that site and for the\nland on which, or water in which, it is situated; and\n(b) are entitled by Aboriginal tradition, as of right, to forage over\nland, or fish in water, referred to in paragraph (a).\n4 Land Council to consult with traditional Aboriginal owners\nWhere, under this Act, the Land Council is required to take or\nconsent to the taking of any action in relation to the Land Trust, the\nBoard, the sanctuary or the marine park, it shall not take or consent\nto the taking of that action unless it has first consulted all, or the\nrelevant, traditional Aboriginal owners and is satisfied that:\n(a) the traditional Aboriginal owners understand the nature and\npurpose of;\n(b) the traditional Aboriginal owners have had a reasonable\nopportunity to take advice and express their views on; and\n(c) a majority of the traditional Aboriginal owners have consented\nto,\nthe proposed action.\n5 Vesting of land in trustees\n(1) Subject to this Act, all the estate and interest held immediately\nbefore the commencement of this Act by the Crown in the\nsanctuary is hereby granted to, and vested in perpetuity in, the\nLand Trust in trust for the group.\n(2) Subject to subsection (3), the Land Council shall, after due inquiry\nand consultation, decide who are the members of the group.\n(3) Where any dispute arises between the Land Council and an\nAboriginal concerning the Aboriginal's membership of the group, the\nSupreme Court shall have jurisdiction to make orders and\ndeclarations concerning the Aboriginal's membership of the group.\n\nPart I Preliminary\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 4\n6 Additional areas\n(1) Where, at any time after the commencement of this Act:\n(a) the land described in paragraph (d) in the Schedule as being\nexcluded from the area of the sanctuary is granted to or\notherwise becomes vested in the Territory; or\n(b) the land described in paragraph (e) in the Schedule as being\nexcluded from the area of the sanctuary ceases to be the\nsubject of a lease from the Crown,\nall the estate or interest of the Crown in the land being so granted\nor vested or ceasing to be the subject of a lease from the Crown, as\nthe case may be, shall thereupon, by force of this section, be\ngranted to, and vested in perpetuity in, the Land Trust in trust for\nthe group.\n(2) Sections 13 and 14 shall, with the necessary changes, apply to and\nin relation to an estate or interest vested under subsection (1) in the\nLand Trust.\n(3) Where, immediately before an estate or interest in land was vested\nunder subsection (1) in the Land Trust, there was in force a plan of\nmanagement or By-laws for or in relation to the sanctuary as then\nconstituted, that plan of management and those By-laws shall, to\nthe extent possible, apply to and in relation to the sanctuary as\nthough the relevant land referred to in subsection (1) formed part of\nthe sanctuary at the time that the plan of management or By-laws,\nas the case may be, came into force.\n7 Trustees\n(1) There is hereby established a Land Trust for the sanctuary to be\nknown as the Cobourg Peninsula Sanctuary Land Trust.\n(2) The Land Trust:\n(a) is a body corporate with perpetual succession;\n(b) shall have a common seal; and\n(c) is capable, in its corporate name, of suing and being sued.\n(3) The common seal of the Land Trust shall be kept by a member of\nthe staff of the Land Council authorized by the Land Council for that\npurpose.\n\nPart I Preliminary\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 5\n(4) The common seal of the Land Trust shall be affixed to a document\nonly with a written authority signed by the Chairman and at least\n2 other members of the Land Trust.\n(5) All courts, judges and persons acting judicially shall take judicial\nnotice of the common seal of the Land Trust affixed to a document\nand shall assume that it was duly affixed.\n(6) The Land Trust shall have such functions and duties as are given to\nor imposed on it by or under this Act and shall have such powers as\nare reasonably necessary to enable it to carry out its functions and\nduties.\n(7) The Land Trust:\n(a) shall not perform its functions except in accordance with a\ndirection given to it by the Board; and\n(b) where such a direction is given to it, shall take action in\naccordance with the direction.\n8 Members of Land Trust\n(1) In this section and sections 9 and 10, member of the Land Trust\nincludes the Chairman.\n(2) The Land Trust shall consist of a Chairman and 3 other members.\n(3) The Chairman and members of the Land Trust shall be appointed\nby the Land Council from amongst the members of the group.\n(4) Subject to sections 9 and 10, a member of the Land Trust holds\noffice for a period of 3 years but is eligible for reappointment.\n(5) Where a member of the Land Trust is, or is about to be, unable,\nwhether on account of illness or otherwise, to perform the duties of\nhis office, the Land Council may appoint a member of the group to\nact in the place of that member during the period during which that\nmember is unable to perform the duties of his office.\n(6) A person appointed to act in the place of a member of the Land\nTrust has all the functions, powers and duties of that member.\n(7) The exercise or performance of a power or function by the Land\nTrust is not affected by reason only of there being a vacancy in the\noffice of a member of the Land Trust.\n\nPart I Preliminary\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 6\n9 Resignation of trustee\nA member of the Land Trust may resign his office by writing signed\nby him, or with his authority, and delivered to the Land Council.\n10 Appointment of new trustees\n(1) The Land Council shall, as soon as practicable after:\n(a) it receives the resignation of a member of the Land Trust;\n(b) it forms the opinion that a member has failed properly to\nperform the duties of his office; or\n(c) it becomes aware of a member's inability to continue as a\nmember because of his illness or for any other reason,\nterminate the appointment of the person as a member of the Land\nTrust.\n(2) The Land Council shall, as soon as practicable after it becomes\naware of the death of a member of the Land Trust or it terminates\nunder subsection (1) the appointment of a person as a member of\nthe Land Trust, appoint another person to be a member in his\nstead.\n11 Entitlement to use and occupation\nSubject to this Act, the Aboriginals who are, from time to time,\nmembers of the group shall be, at all times, entitled to use and\noccupy the sanctuary and/or marine park.\n12 Establishment of national park\n(1) The sanctuary is hereby established in perpetuity as a national park\nfor the benefit and enjoyment of all people.\n(2) The sanctuary and/or marine park shall be used in such manner\nand upon such conditions as are provided by or under this Act and,\nwhen a plan of management is in force, in such manner and upon\nsuch conditions as are provided by that plan of management.\n13 Deed of grant\n(1) The Administrator shall execute in duplicate a deed of grant of the\nestate and interest in the sanctuary conferred by this Act and shall\nforthwith deliver the deed to the Land Trust.\n\nPart I Preliminary\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 7\n(2) The deed of grant referred to in subsection (1) shall exclude all\nroads over which the public had a right of way immediately before\nthe commencement of this Act.\n(3) The deed of grant referred to in subsection (1) shall be expressed\nto be subject to the reservation, in favour of the Crown, of the right\nto all minerals in their natural condition or in a deposit of waste\nmaterial obtained from any surface or underground working on or\nbelow the surface of the sanctuary, and the grant of the land is,\naccordingly, subject to that reservation.\n(4) Where, immediately before the commencement of this Act, the land\nthat constitutes the sanctuary was occupied or used by the Crown\nor an Authority or agent of the Crown for a particular purpose, the\nCrown or that Authority or agent, as the case may be, is entitled to\ncontinue that occupation or use for that purpose for such period as\nthe land is so required by the Crown or the Authority or agent.\n(5) Without limiting the generality of subsection (4), the Crown or an\nAuthority or agent of the Crown may continue to occupy and use\nthe houses, buildings, wharf and other structures, and the airstrip,\nexisting immediately before the commencement of this Act on that\npart of the sanctuary known as Black Point.\n14 Registrar-General to register deed\n(2) The Land Trust shall, on receiving the deed of grant delivered to it\nunder section 13(1), deliver the deed and the duplicate copy of the\ndeed to the Registrar-General who shall place the deed in the\nRegister and return the duplicate copy to the Land Trust with a\nnotation thereon that it has been duly registered.\n15 Annual fee for use of sanctuary as national park\n(1) Subject to subsection (4), the Territory shall pay annually to the\nLand Council $20,000 for the use of the sanctuary as a national\npark.\n(2) An amount paid pursuant to subsection (1) shall, after due inquiry,\nbe paid by the Land Council to or for the benefit of the group.\n(3) A payment under this section shall:\n(a) in the case of an amount to be paid under subsection (1) by\nthe Territory – be made as soon as practicable, but not later\nthan one month, after:\n(i) the date of commencement of this Act; and\n(ii) each anniversary of that date; and\n\nPart I Preliminary\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 8\n(b) in the case of an amount to be paid under subsection (2) by\nthe Land Council – as soon as practicable after the relevant\namount referred to in subsection (1) is received by it.\n(4) The annual amount to be paid under subsection (1), other than the\nfirst, shall be $20,000 increased by:\n(a) the percentage by which the estimated seasonally adjusted\naverage weekly wage per employed male unit for Darwin\npublished by the Statistician, within the meaning of the\nAustralian Bureau of Statistics Act 1975 of the\nCommonwealth, in respect of the September quarter\nimmediately before the payment is to be made exceeds the\nestimated seasonally adjusted average weekly wage per\nemployed male unit for Darwin published by the Statistician in\nrespect of the September quarter of the year 1980; or\n(b) where no estimated seasonally adjusted average weekly wage\nreferred to in paragraph (a) has been published in respect of\nthe relevant September quarter, the percentage that the Chief\nJustice, after consultation with the Statistician, considers\nwould have been the appropriate increase had that average\nweekly wage been published.\n16 Title inalienable\nSubject to this Act, the title to the sanctuary vested in the Land\nTrust is inalienable and cannot be sold, transferred, mortgaged or\notherwise dealt with, either at law or in equity, except by way of\nlease or licence in pursuance of the plan of management.\n17 Acquisition\n(1) Subject to this section, nothing in this Act derogates from the right\nof the Crown to acquire for a public purpose any part of, or an\ninterest in, the sanctuary in accordance with the provisions of the\nLands Acquisition Act 1978.\n(2) Subject to subsection (3), no procedure required by the Lands\nAcquisition Act 1978 for the acquisition of part of, or an interest in,\nthe sanctuary shall be commenced unless the Minister for the time\nbeing responsible for the administration of that Act has first\nconsulted with, and given due consideration to the views of, the\nBoard.\n\nPart II Administration\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 9\n(3) The Minister referred to in subsection (2) shall, at the request of the\nBoard, refer a proposed acquisition of part of, or an interest in, the\nsanctuary to the Legislative Assembly and thereafter no procedure\nfor the acquisition shall commence except upon a resolution of the\nLegislative Assembly:\n(a) in the case of a proposed acquisition of part of an area –\npassed by a two-thirds majority of all members of the\nAssembly (excluding the Speaker); and\n(b) in the case of a proposed acquisition of any easement or right\nof way on or over, or other interest in, the sanctuary – passed\nby a majority of all members of the Assembly (excluding the\nSpeaker),\napproving of the proposed acquisition.\n(4) For the avoidance of doubt, nothing in this section or the Lands\nAcquisition Act 1978 shall be construed as authorizing, for the\npurposes of mining, the acquisition of part of, or an interest in, the\nsanctuary.\nPart II Administration\n18 Establishment of Board\n(1) There is hereby established a Board to be known as the Cobourg\nPeninsula Sanctuary and Marine Park Board.\n(2) The Board:\n(a) is a body corporate with perpetual succession;\n(b) shall have a common seal; and\n(c) subject to this Act, is capable, in its corporate name, of holding\nand disposing of real and personal property and of suing and\nbeing sued.\n(3) All courts, judges and persons acting judicially shall take judicial\nnotice of the common seal of the Board affixed to a document and\nshall assume that it was duly affixed.\n19 Membership of Board\n(1) The Board shall consist of 8 members appointed by the Minister,\n4 of whom shall be members of the group and be appointed on the\nnomination of the Land Council.\n\nPart II Administration\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 10\n(2) As soon as practicable after an appointment under subsection (1)\nhas been made, the Minister shall cause notice of that appointment\nto be published in the Gazette.\n(3) Subject to sections 20 and 21, a member of the Board holds office\nfor a period of 3 years but is eligible for reappointment.\n(4) Where a member of the Board is, or is about to be, unable, whether\non account of illness or otherwise, to perform the duties of his\noffice, the Land Council may appoint a member of the group to act\nin the place of that member during the period during which that\nmember is unable to perform the duties of his office, unless the\nfirst-mentioned member has, under section 23(4), given to another\nmember a general authority to vote for him at meetings of the Board\nduring the first-mentioned member's inability to perform the duties\nof his office.\n(5) A person appointed to act in the place of a member of the Board\nhas all the functions, powers and duties of that member.\n(6) The performance or exercise of a function or power of the Board is\nnot affected by reason only of there being a vacancy in the office of\na member of the Board.\n20 Resignation of member\nA member of the Board may resign his office by writing signed by\nhim, or with his authority, and delivered to the Minister.\n21 Appointment of new members\n(1) The Minister shall, as soon as practicable after:\n(a) he receives the resignation of a member of the Board;\n(b) being advised in writing by the Land Council that, in its\nopinion, a member appointed on the nomination of the Land\nCouncil has failed properly to perform the duties of his office;\nor\n(c) he becomes aware of a member's inability to continue as a\nmember because of the member's illness or for any other\nreason,\nterminate the appointment of the person as a member of the Board.\n(2) The Minister shall, as soon as practicable after he becomes aware\nof the death of a member of the Board or he terminates under\nsubsection (1) the appointment of a person as a member of the\nBoard, appoint another person, with the same qualification for\n\nPart II Administration\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 11\nmembership as the person in whose stead he is appointed, to be a\nmember of the Board.\n22 Chairman and Deputy Chairman\n(1) The Minister shall, as soon as practicable after the establishment of\nthe Board or at any time when the office of Chairman of the Board\nis vacant, convene a meeting of the Board for the purpose of\nelecting a member of the Board as the Chairman of the Board.\n(2) The Minister shall appoint one of the members appointed under\nsection 19(1) on the nomination of the Land Council to preside at a\nmeeting referred to in subsection (1).\n(3) The Chairman of the Board shall be elected by the Board from\namongst the members appointed under section 19(1) on the\nnomination of the Land Council.\n(4) Where a Chairman is elected at a meeting referred to in\nsubsection (1), he shall preside at that meeting in place of the\nperson appointed under subsection (2) by the Minister.\n(5) The Board shall, as soon as practicable after its establishment,\nelect one of its members appointed under section 19(1) on the\nnomination of the Land Council to be the Deputy Chairman and\nshall thereafter, whenever the position of Deputy Chairman is\nvacant, elect a member, with the same qualification, to be the\nDeputy Chairman.\n(6) Subject to subsection (7), a person elected under this section as\nthe Chairman or the Deputy Chairman, while he remains a member\nof the Board, holds office for 3 years and is eligible for re-election.\n(7) The Board may, at any time, by resolution, elect a new Chairman or\nDeputy Chairman having the qualification referred to in\nsubsections (3) and (5) and, on the passing of such a resolution,\nthe person who held that office immediately before that resolution\nwas passed ceases to hold that office.\n23 Calling of meetings, procedure, &c.\n(1) The Chairman or Deputy Chairman shall call such meetings of the\nBoard as are necessary for the performance of its functions and the\nexercise of its powers.\n(2) The Minister may, at any time, direct the Chairman or the Deputy\nChairman to call a meeting of the Board and the Chairman or\nDeputy Chairman shall call a meeting accordingly.\n\nPart II Administration\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 12\n(3) At a meeting of the Board:\n(a) the Chairman shall preside if he is present or, if he is not\npresent, the Deputy Chairman shall preside or, if neither the\nChairman or Deputy Chairman are present, the members of\nthe Board present shall elect one of their number to preside;\n(b) subject to subsection (4), 6 members, of whom 4 shall be\nmembers appointed under section 19(1) on the nomination of\nthe Land Council, constitute a quorum;\n(c) questions arising shall be determined by a majority of the\nvotes of the members and, in the event of an equality of votes,\nthe person presiding shall have a casting vote as well as a\ndeliberative vote; and\n(d) subject to this Act, the Board shall determine the procedures\nto be followed at or in connection with the meeting.\n(4) A member of the Board may, in writing under his hand or with his\nauthority, give to another member a general authority to vote for\nhim at a meeting of the Board and the member given that authority\nmay vote for the first-mentioned member at that meeting and shall,\nfor the purposes of subsection (3)(b), be counted towards a quorum\nas though he were also the first-mentioned member.\n(5) The Board shall cause records of its meetings to be kept and, as\nsoon as practicable after each meeting, shall cause a copy of the\nminutes of the meeting to be given to each member of the Board\nand to the Land Council.\n(6) A member of the Board may require the Board to admit to a\nmeeting of the Board such persons as he considers necessary to\nadvise him on matters being considered at the meeting and may\nrequire the Board to allow such persons or any of them to address\nthe meeting on his behalf, and the Board shall admit those persons\nand allow them to address the meeting accordingly.\n(7) A person admitted to a meeting of the Board pursuant to\nsubsection (6) shall not vote on any matter at that meeting.\n\nPart III Functions and powers of the Board and the Commission\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 13\nPart III Functions and powers of the Board and the\nCommission\n24 Functions of Board\nThe functions of the Board are:\n(a) to prepare plans of management for the control and\nmanagement of the sanctuary and/or marine park;\n(b) to protect and enforce the right of the group to use and occupy\nthe sanctuary and/or marine park;\n(c) to determine, in accordance with the plan of management, the\nrights of access to parts of the sanctuary and/or marine park\nof persons who are not members of the group;\n(ca) to advise the Minister for the purposes of section 34A;\n(d) to ensure adequate protection of sites on the sanctuary and\nmarine park of spiritual or other importance in Aboriginal\ntradition; and\n(e) such other functions in and in relation to the sanctuary and/or\nmarine park as are imposed on it by or under the plan of\nmanagement.\n25 Functions of Commission\n(1) The functions of the Commission in relation to the sanctuary and\nmarine park include, on behalf of and subject to the directions of the\nBoard:\n(a) the preparation of plans of management; and\n(b) the control and management of the sanctuary and marine\npark.\n(2) For the avoidance of doubt, where in the preparation of the plan of\nmanagement, or in the control and management of the sanctuary or\nmarine park, a difference of opinion between the Commission and\nthe Board arises, the difference shall be resolved by a resolution of\nthe Board and the Commission shall prepare the plan of\nmanagement or control and manage the sanctuary or marine park,\nas the case may be, in accordance with that resolution.\n\nPart IV Plans of management\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 14\n26 Powers\n(1) Subject to this Act and the plan of management, the Board and the\nCommission shall have, in relation to the sanctuary and marine\npark, the power to do all things that are necessary or convenient to\nbe done for or in connection with, or incidental to the performance\nof, their respective functions and the exercise of their respective\npowers.\n(2) Without limiting the generality of subsection (1), the Board may:\n(a) employ staff;\n(b) obtain the advice and assistance of persons who are expert in\nany matter with which the Board is concerned; and\n(c) give lawful directions to the Land Trust concerning the\nperformance of its functions.\nPart IV Plans of management\n27 Plans of management\n(1) As soon as practicable after the commencement of this Act and\nfrom time to time as the occasion requires, the Board shall cause to\nbe prepared a plan of management for the sanctuary and/or marine\npark.\n(2) A plan of management prepared in pursuance of subsection (1)\nshall set out a detailed description of the manner in which it is\nproposed that the sanctuary and/or marine park shall be managed\nand shall include:\n(a) a general description of all existing or proposed buildings,\nstructures, facilities or other developments on the sanctuary\nand/or marine park; and\n(b) a detailed description of the operations for the exploration for\nor recovery of minerals, or excavation, works or other\noperations, that may be carried out on the sanctuary.\n(3) Where the plan of management provides for operations for the\nexploration for or recovery of minerals, or for excavation or other\nworks, the plan shall set out the conditions, if any, that are to be\napplicable to those activities.\n\nPart IV Plans of management\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 15\n(4) In the preparation of the plan of management, regard shall be had\nto:\n(a) the protection of areas and things of significance to\nAboriginals;\n(b) the limitations, if any, imposed by Aboriginal tradition on the\nuse of any part of the sanctuary and/or marine park;\n(c) existing, proposed and desirable living, commercial and\nrecreational areas for the group or members of the group;\n(d) the regulation of the appropriate use, appreciation and\nenjoyment of the sanctuary and/or marine park;\n(e) the preservation of the sanctuary and/or marine park in its\nnatural condition and the protection of its special features,\nincluding objects and sites of spiritual, biological, historical,\npalaeontological, archaeological, geological and geographical\ninterest, whether or not of importance in Aboriginal tradition;\n(f) the protection, conservation and management of native flora\nand fauna within the sanctuary and/or marine park and the\nnatural environment generally;\n(g) the protection of the sanctuary and/or marine park against\ndamage;\n(h) the employment and training of Aboriginals;\n(j) the functions of the Commission under other laws of the\nTerritory; and\n(k) any advice provided by the Minister in relation to the marine\npark.\n(5) When the Board has prepared a plan of management for the\nsanctuary and/or marine park it shall, subject to subsections (6), (7)\nand (8), forward it to the Minister for tabling in the Legislative\nAssembly.\n(6) Before forwarding a plan of management to the Minister the Board\nshall forward it to the Land Council and seek the Land Council's\nwritten consent (which consent shall not be unreasonably withheld)\nto the Board forwarding it to the Minister.\n\nPart IV Plans of management\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 16\n(7) The Land Council shall, within 90 days after receiving the plan of\nmanagement under subsection (6), in writing to the Board:\n(a) consent to the plan of management being forwarded to the\nMinister; or\n(b) refuse to consent, giving its reasons for so refusing,\nand in either case may make such comments on the plan as it\nthinks fit.\n(8) Where the Board is advised under subsection (7) that the Land\nCouncil has refused its consent, it shall, within a reasonable time,\nconsider the reasons for the refusal and either:\n(a) change the plan of management and seek the Land Council's\nconsent to the plan, as changed, being forwarded to the\nMinister (in which case this subsection and subsections (6),\n(7) and (9) shall apply to and in relation to the plan as so\nchanged); or\n(b) forward the plan of management to the Minister together with\nthe reasons of the Land Council for its refusal to consent and\nany comments of the Land Council.\n(9) The Minister shall, on the first sitting day of the Legislative\nAssembly after a plan of management for the sanctuary and/or\nmarine park forwarded under subsection (5) is received by the\nMinister, cause it, and any reasons of the Land Council for its\nrefusal to consent and any comments, to be tabled in the\nLegislative Assembly.\n28 Consideration of plan by Assembly\n(1) For the purposes of this section and section 29, plan of\nmanagement includes part of the plan of management, and where\nunder this section a part only of the plan of management is\ndisallowed, the plan of management with that part omitted shall\ncome into operation as provided by subsection (3) and the part\ndisallowed shall be dealt with in accordance with this section as a\nseparate amending plan of management.\n(1A) Subsections (6), (7) and (8) do not apply to or in relation to a plan of\nmanagement for the marine park.\n(2) Subject to subsection (3), the Legislative Assembly may, in\npursuance of a motion notice of which is given within 5 sitting days\nafter the plan of management has been tabled in the Assembly,\npass a resolution disallowing the plan of management.\n\nPart IV Plans of management\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 17\n(3) Subject to subsection (4), if no notice of a motion to disallow a plan\nof management is given within the time referred to in subsection (2)\nor the Legislative Assembly does not pass a resolution in\naccordance with that subsection disallowing a plan of management,\nthe plan of management comes into operation on the day\nimmediately following the fifth sitting day referred to or on the day\nimmediately following the last day on which such a resolution could\nhave been passed, as the case may be.\n(4) If, before the expiration of 5 sitting days after a plan of management\nhas been tabled in the Legislative Assembly:\n(a) the Assembly expires or is prorogued; and\n(b) notice of motion for the disallowance of the plan of\nmanagement has not been given,\nthe plan of management shall, for the purposes of this section, be\ndeemed to have been laid before the Legislative Assembly on the\nfirst sitting day of the Assembly after the expiration or prorogation.\n(5) If the Legislative Assembly passes a resolution, in accordance with\nsubsection (2), disallowing a plan of management, the Minister shall\ndirect the Board to prepare a fresh plan of management and the\nBoard shall thereupon reconsider the matter and prepare a fresh\nplan of management or again forward to the Minister the same plan\nof management, and in relation to the preparation of or dealing with\nthe fresh plan of management, or with the same plan of\nmanagement again forwarded to the Minister, as the case may be,\nsection 27 and subsections (2), (3) and (4) of this section apply as\nthough the plan of management were the first plan of management\nprepared for the sanctuary.\n(6) Where a plan of management disallowed by the Legislative\nAssembly is again forwarded under subsection (5) to the Minister\nand is again disallowed by the Legislative Assembly, the Minister\nshall forward it to the Chief Justice who shall consider it and make\nrecommendations to the Minister and the Board on possible ways\nof resolving the differences between the Legislative Assembly and\nthe Board in relation to the plan of management and suggested\namendments, if any, to the plan of management.\n(7) The Chief Justice, in carrying out his function under subsection (6),\nmay inform himself in whatever manner he thinks fit about any fact\nhe considers relevant to his consideration of the plan of\nmanagement.\n(8) The Minister shall, at the request of the Board, table in the\nLegislative Assembly the recommendations under subsection (6) of\n\nPart IV Plans of management\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 18\nthe Chief Justice, and the tabling of those recommendations shall\nbe deemed to be the tabling under section 27 of the plan of\nmanagement to which the recommendations relate, amended in\naccordance with those recommendations, and this section applies\nas though it were the first plan of management prepared for the\nsanctuary.\n(9) As soon as practicable after a plan of management has come into\noperation, the Minister shall publish a notice in the Gazette, and in\nsuch newspapers as he thinks fit, stating that the plan of\nmanagement has come into operation and giving an address where\ncopies of the plan of management may be inspected or purchased.\n29 Amendment, &c., of plan of management\n(1) The Board may, at any time, amend a plan of management, and\nsections 27(2), (3), (4), (5), (6) and 28 apply in relation to such\namendment in the same manner as they apply in relation to the\nplan of management.\n(2) A plan of management may be revoked by a new plan of\nmanagement, but the revocation shall not take effect until the new\nplan of management comes into operation.\n30 Access to areas\n(1) Except as prohibited, restricted or regulated by or under this Act,\nthe plan of management or any other law in force in the Territory,\nany person may enter and remain on the sanctuary.\n(2) Subject to subsection (3), the Board may, by a notice displayed in\nthe relevant part of the sanctuary, designate that part of the\nsanctuary as land to which access by persons, other than members\nof the group, is prohibited or restricted, according to the terms of\nthe notice.\n(3) Except in the performance of a function under this Act, or otherwise\nin accordance with this Act or a law in force in the Territory, a\nperson who is not a member of the group shall not enter or remain\non that part of the sanctuary designated in a notice referred to in\nsubsection (2) otherwise than in accordance with the terms of the\nnotice.\nMaximum penalty: 8 penalty units.\n(4) Where a plan of management is in force, the prohibition or\nrestriction of access to part of the sanctuary designated by a notice\nreferred to in subsection (2) shall be deemed to be included in, and\nform part of, the plan of management.\n\nPart V Mining\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 19\n(5) The plan of management shall make provision for:\n(a) access by fishermen to the shore of those parts of the\nsanctuary known as Curlew Bay and Barrow Bay and at Port\nEssington (in the vicinity of Victoria Settlement); and\n(b) access to airstrips by the public,\nand other reasonable access by the public to the sanctuary\ncommensurate with the status of the area as a national park.\n31 Actions not to be taken except in accordance with plan of\nmanagement\n(1) Without limiting the generality of Part III, but subject to\nsubsection (2):\n(a) no excavation shall be carried on;\n(b) no building or other structure shall be erected;\n(c) no work shall be carried on; and\n(d) no timber shall be felled or taken,\non or from the sanctuary or marine park, except in accordance with\nthe plan of management.\n(2) At a time when no plan of management is in force, the Board and\nthe Commission may perform their respective functions on the\nsanctuary or marine park for the purpose of preserving, protecting\nand managing it.\nPart V Mining\n32 Effect of Part\nThis Part has effect notwithstanding any other law of the Territory.\n33 Mining activities\nNo operations for the exploration for or recovery or processing of\nminerals shall be carried on the sanctuary, other than operations\nthat are carried on with the approval of the Board in accordance\nwith the plan of management, and no mining interest shall be\ngranted in respect of the sanctuary except with the prior written\napproval of the Board.\n\nPart VI By-laws\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 20\n34 Fees or compensation amounts for right to explore and mine\non sanctuary\n(1) The plan of management for the sanctuary shall not provide for\noperations for the exploration for or recovery or processing of\nminerals unless the Board has agreed with the applicant for a\nmining interest on the sanctuary for the payment of fees or amounts\nby the applicant to the Land Council for the right to carry out those\noperations.\n(2) All fees or amounts paid to the Land Council pursuant to an\nagreement under subsection (1) shall be dealt with and paid out by\nthe Land Council as though they were royalty payments in respect\nof mining on Aboriginal land, and the sanctuary was Aboriginal\nland, under the Aboriginal Land Rights (Northern Territory)\nAct 1976 of the Commonwealth.\n(3) Where the Board has determined that the plan of management for\nthe sanctuary should provide for operations for the exploration for\nor recovery or processing of minerals by an applicant for a mining\ninterest or by a holder of a mining interest granted with the approval\nin writing of the Board in pursuance of section 33, but the Board\nand the applicant or holder are unable to agree on the amount of\nthe fee referred to in subsection (1), the question shall be referred\nto the Chief Justice to determine the amount which, in his opinion,\nshould be paid and, upon his so determining, the Board and the\napplicant for or holder of the mining interest, as the case may be,\nshall be deemed to have agreed to the payment of the amount\naccordingly.\n34A Mining activities on marine park\nThe Board may provide advice to the Minister, for consideration by\nthe Minister primarily responsible for the administration of the\nMineral Titles Act 2010 and any other law of the Territory relating to\nthe exploration for or recovery of minerals, on any matter relating to\nsuch exploration or recovery or proposals for such exploration or\nrecovery on the marine park, and any advice so provided shall be\npassed on and considered accordingly.\nPart VI By-laws\n35 By-laws\n(1) The Board may make by-laws for the sanctuary, not inconsistent\nwith this Act, any other law of the Territory or the plan of\nmanagement, prescribing all matters required or permitted by this\nAct or the plan of management to be prescribed by by-laws or\n\nPart VI By-laws\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 21\nnecessary or convenient to be so prescribed for carrying out or\ngiving effect to the functions and powers of the Board and the\nCommission.\n(2) Without limiting the generality of subsection (1), but subject to\nsubsection (3), by-laws may be made:\n(a) providing for the prohibition or the regulation of fishing;\n(b) providing for the prohibition of the use of firearms;\n(c) providing for the prohibition of the setting of traps;\n(d) providing for the requiring of persons, upon entering the\nsanctuary, to declare all items of fishing equipment, firearms,\nammunition and traps in their possession;\n(e) providing for the prohibition or the regulation of the carrying of\nfishing equipment, firearms, ammunition and traps;\n(f) providing for the seizure of fishing equipment, firearms,\nammunition and traps reasonably suspected of being carried\nor used in contravention of a by-law or the plan of\nmanagement;\n(g) regulating or prohibiting the pollution of water;\n(h) providing for the protection and preservation of the sanctuary\nand property and things thereon;\n(j) providing opening times and closing times for access to the\nsanctuary by persons who are not members of the group;\n(k) regulating or prohibiting access to the sanctuary by persons or\nclasses of persons;\n(m) providing for the removal from the sanctuary of persons who\nare believed, on reasonable grounds, to be trespassers or to\nhave contravened or failed to comply with a provision of this\nAct, a by-law or the plan of management;\n(n) regulating or prohibiting camping;\n(p) providing for the safety of persons;\n(q) regulating or prohibiting the use of fire;\n(r) regulating the conduct of persons;\n(s) providing for the prevention or control of nuisances;\n\nPart VI By-laws\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 22\n(t) regulating or prohibiting the carrying on of any trade or\ncommerce;\n(u) providing for fees and charges to be imposed on persons, who\nare not members of the group, entering, camping on or using\nthe sanctuary or using services or facilities provided by or on\nbehalf of the Board;\n(w) regulating or prohibiting the use of vehicles and providing for\nsigns and road markings for those purposes;\n(y) regulating or prohibiting, and providing for the imposition and\ncollection of charges for:\n(i) the parking or stopping of vehicles;\n(ii) the mooring of vessels;\n(iii) the landing of aircraft; and\n(iv) the use of vehicles and vessels;\n(z) providing for the removal of vehicles, aircraft or vessels from\nplaces where they have been left in contravention of the by-\nlaws or have been abandoned and for the impounding of such\nvehicles, aircraft or vessels;\n(za) making provision to the effect that, where a contravention of a\nprovision of the by-laws relating to the parking or stopping of\nvehicles occurs in respect of a motor vehicle, the person who\nis to be regarded as the owner of the motor vehicle for the\npurposes of the by-laws (who may, in accordance with the\nby-laws, be or include a person in whose name the motor\nvehicle is registered under a law of the Territory) is to be\ndeemed to have committed an offence against the provision\nso contravened, whether or not he in fact contravened that\nprovision;\n(zb) enabling a person who is alleged to have contravened a\nprovision of the by-laws relating to:\n(i) littering;\n(ii) the use of vehicles or vessels;\n(iii) the parking or stopping of vehicles;\n(iv) the mooring or landing of vessels; or\n(v) the landing, use or flying of aircraft,\n\nPart VI By-laws\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 23\nto pay to the Board, as an alternative to prosecution, a\nspecified sum in lieu of the penalty by which a contravention of\nthat provision is otherwise punishable;\n(zc) regulating or prohibiting the use of vessels on, and the\npassage of vessels through, the sanctuary and the landing\nand use of aircraft in, and the flying of aircraft over, the\nsanctuary;\n(zd) regulating or prohibiting the taking of animals or plants into or\nout of the sanctuary and providing for the control of animals on\nthe sanctuary;\n(ze) providing for the impounding, removal, destruction or disposal\nof animals found straying on the sanctuary;\n(zf) regulating or prohibiting the laying of baits and the use of\nexplosives and poisons on the sanctuary;\n(zg) providing for the collection of specimens and the pursuit of\nresearch for scientific purposes on the sanctuary; and\n(zh) providing for any matter incidental to or connected with any of\nthe foregoing.\n(3) A by-law shall not regulate the use by a member of the group or\nprohibit him from having in his possession or using any firearm,\nammunition, trap, net or fishing equipment used or intended to be\nused by him in connection with the exercise of his right, as a\nmember of the group, to use and occupy the sanctuary or a part of\nthe sanctuary.\n(4) A provision of the by-laws regulating or prohibiting the flying of\naircraft over the sanctuary does not have any force or effect to the\nextent to which it is inconsistent with a law of the Commonwealth or\nthe Territory, but such a provision shall not be taken for the\npurposes of this subsection to be inconsistent with such a law if it\ncan be complied with without contravention of that law.\n(5) The power to make by-laws conferred by this Act may be exercised:\n(a) in relation to all cases to which the power extends, or in\nrelation to all those cases subject to specified exceptions, or in\nrelation to any specified cases or classes of cases; and\n(b) so as to make, in respect of cases in relation to which it is\nexercised, the same provision for all those cases or different\nprovisions for different cases or classes of cases.\n\nPart VII Miscellaneous\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 24\n(6) The power to make by-laws conferred by this Act shall not be taken,\nby implication, to exclude the power to make provision for or in\nrelation to a matter by reason only of the fact that:\n(a) a provision is made by or under this Act in relation to that\nmatter or another matter; or\n(b) power is expressly conferred by or under this Act to make\nprovision by by-laws for or in relation to another matter.\n(7) The by-laws may provide, in respect of an offence against or under\nthis Act or the by-laws, for the imposition of:\n(a) a maximum penalty of, or of not more than an amount equal\nto, 40 penalty units; or\n(b) a maximum penalty of, or of not more than an amount equal\nto, 8 penalty units for each day during which the offence\ncontinues.\n(8) In proceedings for an offence against a by-law, an averment of the\nprosecutor, contained in the information or complaint, that, at a\nspecified time a person was on the sanctuary or a particular part of\nthe sanctuary to which the by-law relates, is prima facie evidence of\nthat fact.\n(9) A prosecution for an offence against a by-law shall not be\ncommenced except with the written authority of the Board or its\nChairman, or the Director of the Commission.\n36 Inconsistent by-laws\nWhere a by-law made under this Act is inconsistent with an Act of\nthe Territory, the latter shall prevail and the by-law shall, to the\nextent of the inconsistency, be invalid.\nPart VII Miscellaneous\n37 Territory Parks Act provisions to apply\n(1) Parts IV and VIII and sections 112, 113, 115, 118 and 119 of the\nTerritory Parks and Wildlife Conservation Act 1976 apply to and in\nrelation to the sanctuary as though it were a park within the\nmeaning of that Act.\n(2) Regulations and by-laws made under the Territory Parks and\nWildlife Conservation Act 1976 apply to and in relation to the\nsanctuary, as though it were a park within the meaning of that Act,\nto the extent that they are not inconsistent with the plan of\n\nPart VII Miscellaneous\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 25\nmanagement or a by-law made under this Act.\n(3) For the avoidance of doubt, a plan of management shall not be\nmade under the Territory Parks and Wildlife Conservation Act 1976\nin respect of the sanctuary and/or marine park.\n38 Audit, &c., provisions\n(1) The Board shall, within the period of 6 months immediately\nfollowing the end of the financial year or such other period as the\nMinister determines, prepare a report on its operations during the\nfinancial year and forward it to the Minister.\n(2) The Minister shall table the report under subsection (1), together\nwith the financial statement and report of the Auditor-General on\nthe financial statement required pursuant to subsection (3), in the\nLegislative Assembly within 6 sitting days of the Assembly after the\ndelivery of the later of the reports to the Minister.\n(3) Subject to subsection (2), section 10 of the Financial Management\nAct 1995 applies to and in relation to the Board as if its activities\nwere a Government Business Division within the meaning of that\nAct.\n(4) For the purposes of the application of section 10 of the Financial\nManagement Act 1995 as referred to in subsection (3), the Board\nshall in writing, nominate an employee of the Commission to be its\nAccountable Officer.\n39 Lease to be granted to company\n(1) Subject to subsection (2), but notwithstanding any other provision of\nthis Act, the Land Trust shall grant to Paspaley Pearling Company\nPty. Limited a lease for a term of not less than 25 years of the land\nsituated at that part of the area known as East Station Point, Port\nBremer which, immediately before the commencement of this Act,\nwas occupied or used by or on behalf of that company, having an\narea of not more than 50 acres and on which are erected buildings\nand other improvements, including 2 wharves and a well, being\nland adjacent to the land registered under the Land Title Act 2000\nas Northern Territory Portions 1724 and 1725.\n(2) If the Land Trust and the company referred to in subsection (1)\ncannot, within 6 months after the commencement of this Act, agree\nupon the identity, area or boundaries of the land referred to in that\nsubsection or a term, covenant or condition to which the lease is to\nbe subject, the Chief Justice may determine the identity, area and\nboundaries of the land and the terms, covenants and conditions to\napply and, on the Chief Justice so determining, the lease shall be\ndeemed to have been executed by the Land Trust and the company\n\nPart VII Miscellaneous\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 26\nand have effect accordingly.\n40 Land ceasing to be part of the sanctuary\nWhere the sanctuary or any part of it ceases for any reason to be\nthe sanctuary or part of the sanctuary, the title to the land\ncomprising the sanctuary or that part, as the case may be, vested\nby this Act in the Land Trust shall continue to be so vested\nnotwithstanding that cessation, and the Land Trust:\n(a) shall remain in existence; and\n(b) shall have, in relation to the land, the functions, powers and\nduties as though it were a Land Trust under and within the\nmeaning of the Aboriginal Land Rights (Northern Territory)\nAct 1976 of the Commonwealth and a reference to the\nMinister in that Act were a reference to the Minister for the\ntime being administering this Act.\n41 Reservations revoked\n(1) All reservations under the Crown Lands Act 1992 relating to the\nsanctuary or part of the sanctuary and in force immediately before\nthe commencement of this Act are hereby revoked.\n(2) Where a reservation referred to in subsection (1) was for historic\ninterest or historic purposes, all buildings, structures, foundations,\nwalls, excavations, objects or things on the land the subject of the\nreservation shall be protected and preserved as though the land\ncontinued to be subject to a reservation for historic interest or\nhistoric purposes, and the plan of management shall, accordingly,\nprovide for such protection and preservation.\n42 No repeal by implication\nThe effect of a provision of this Act shall not be amended, modified\nor varied except by express provision in an Act.\n\nSchedule Cobourg Peninsula Sanctuary\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 27\nSchedule Cobourg Peninsula Sanctuary\nsection 3\nALL THAT piece or parcel of land known as Cobourg Peninsula containing an\narea of about 1916 square kilometres above low-water mark and lying to the\nwest of a line on a true bearing of 231 degrees from a point on the sea coast\nat low-water mark distance about 10 miles on a true bearing of 245 degrees\nfrom Coombe Point, Mount Norris Bay, including:\n(a) the islands adjacent to the coast of that land and known as Sandy\nIsland No. 2, Sandy Island No. 1, Allaru Island, Burford Island,\nGreenhill Island, Wangoindjung Island, Warldagawaji Island, Warla\nIsland, Wunmiyi Island, Morse Island and Mogogout Island; and\n(c) the unnamed high black rock approximately 2.5 kilometres in a westerly\ndirection from the most westerly point between Shamrock Bay and\nSilvio Bay,\nbut excluding:\n(d) all that parcel of land containing an area of 259 hectares more or less\nbounded by an imaginary line commencing at a point on the sea coast\nat low-water mark 60.35 metres east of the Cape Don Lighthouse jetty;\nthence on a true bearing of 215 degrees 10 minutes for a distance of\napproximately 3,540.5 metres to meet the sea coast at low-water mark;\nthence generally northwesterly, northeasterly, southeasterly and\nsouthwesterly along the said low-water mark to the point of\ncommencement; and\n(e) all that piece of land known as Northern Territory Portion 900 being the\nwhole of the land comprised in Special Purposes Lease 153 situated\non the eastern shore of Knocker Bay, Port Essington and being the\nland more particularly described in the Register of Crown Leases\nVolume 56 Folio 75.\n\nENDNOTES\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 28\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCobourg Peninsula Aboriginal Land and Sanctuary Act 1981 (Act No. 64, 1981)\nAssent date 20 July 1981\nCommenced 3 September 1981 (Gaz S17, 3 September 1981)\nStatute Law Revision Act 1983 (Act No. 58, 1983)\nAssent date 28 November 1983\nCommenced 28 November 1983\nStatute Law Revision Act (No. 2) 1987 (Act No. 59, 1987)\nAssent date 31 December 1987\nCommenced 31 December 1987\nReal Property (Consequential Amendments) Act 1991 (Act No. 33, 1991)\nAssent date 25 June 1991\nCommenced 1 October 1991 (Gaz S49, 1October 1991)\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4,\n1995) and Gaz S13, 31 March 1995)\nParks and Wildlife Commission (Consequential Amendments) Act 1995 (Act No. 46,\n1995)\nAssent date 15 November 1995\nCommenced 29 November 1995 (s 2, s 2 Conservation Commission\nAmendment Act 1995 (Act No. 43, 1995) and Gaz S42,\n29 November 1995)\nCobourg Peninsula Aboriginal Land and Sanctuary Amendment Act 1996 (Act No. 3,\n1996)\nAssent date 20 March 1996\nCommenced 19 April 1996 (Gaz S9, 19 April 1996)\n\nENDNOTES\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 29\nStatute Law Revision Act 1998 (Act No. 11, 1998)\nAssent date 30 March 1998\nCommenced 30 March 1998\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 17 Cobourg Peninsula Aboriginal Land and Sanctuary Amendment Act\n1996 (Act No. 3, 1996)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 17, 34A, 37, 38, 39\nand 41.\n5 LIST OF AMENDMENTS\nlt amd No. 3, 1996, s 5\nPreamble amd No. 3, 1996, s 6\ns 1 amd No. 3, 1996, s 4\ns 3 amd No. 46, 1995, s 3; No. 3, 1996, ss 7 and 16; No. 11, 1998, s 10; No. 37,\n2010, s 13\ns 4 amd No. 3, 1996, s 8\ns 11 amd No. 3, 1996, s 16\ns 12 amd No. 3, 1996, s 16\ns 13 amd No. 58, 1983, s 4\ns 14 amd No. 33, 1991, s 7; No. 45, 2000, s 11\ns 18 amd No. 3, 1996, s 9\ns 24 amd No. 3, 1996, ss 10 and 16\ns 25 amd No. 3, 1996, s 16\ns 26 amd No. 3, 1996, s 16\ns 27 amd No. 3, 1996, ss 11 and 16\ns 28 amd No. 59, 1987, s 5; No. 3, 1996, s 12\ns 30 amd No. 23, 2013, s 18\ns 31 amd No. 3, 1996, s 16\ns 34 amd No. 3, 1996, s 13\ns 34A ins No. 3, 1996, s 14\namd No. 37, 2010, s 13\ns 35 amd No. 23, 2013, s 18\ns 37 amd No. 3, 1996, s 15\ns 38 sub No. 5, 1995, s 19\n\nENDNOTES\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 30\ns 39 amd No. 45, 2000, s 11\nsch amd No. 58, 1983, s 4","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded and refined since enactment. Amendments added explicit marine park management and an advisory mining role for marine areas (s34A inserted), adjusted administrative and financial provisions (indexed annual payment s15(4)), modernised titles and land‑registration references, and inserted a statutory lease requirement for Paspaley (s39). These changes (see List of amendments and endnotes) extend the original sanctuary and Aboriginal land framework to cover marine areas, clarify mining interaction with Territory laws, and introduce bespoke property and governance exceptions."},"complexity_factors":["Multiple decision‑makers and bodies with overlapping roles: Land Trust (ss7–11), Board (ss18–23,24) and Commission (s25).","Detailed, multi‑stage plan‑of‑management process requiring Land Council consent, Minister tabling and possible Legislative Assembly disallowance (ss27–29).","Mining regime layered with Board approval for onshore operations, fee negotiation and arbitration by the Chief Justice where parties disagree (ss33,34).","Separate advisory role for marine park mining matters and special interaction with Territory mineral laws (s34A).","Wide delegated by‑law power with varied regulatory and penalty tools (s35) and primacy rules where inconsistent with Territory law (s36).","Statutory inalienability of title but express Crown acquisition process with additional Assembly consent thresholds (ss16–17).","Specific proprietary exceptions and statutory lease obligation (Paspaley) adding bespoke property rules (s39).","Interplay with other Territory statutes and incorporation of specific financial, audit and administrative regimes (ss37,38; s15 indexing).","Judicial roles for resolving membership and disputes (Supreme Court s5(3); Chief Justice s28(6), s34(3))."],"plain_english_summary":"This Act vests the Crown land of Cobourg Peninsula in perpetuity in a Land Trust for the recognised Aboriginal group, declares the area a national park and establishes a Board, Commission and planning regime to control use, access, by‑laws and mining approvals (ss5,12,18,24,33–35). The Territory pays an annual fee to the Land Council (s15). The Board, with input from the Land Council, Land Trust and Commission, decides access rules and approvals under a plan of management, creating consultation, compliance and approval obligations for users and developers."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1981 Act focused on the 'Cobourg Peninsula Aboriginal Land and Sanctuary'. The legislation has expanded beyond its original scope through amendments (particularly in 1996) to explicitly include the 'marine park' adjacent to the peninsula. The title was changed to include 'Marine Park', and numerous provisions were amended to apply to both the sanctuary and marine park. Additionally, mining provisions were expanded to cover marine areas (section 34A), and the Board's functions were extended to advise on marine park matters. The Act now governs both terrestrial and marine environments as an integrated protected area."},"complexity_factors":["Multiple overlapping governance structures: Land Trust (ownership), Board (management), Land Council (representation), and Parks and Wildlife Commission (operational control) with interlocking powers and duties","Complex consent requirements: Land Council must consult Traditional Owners and obtain majority consent before acting; Board must obtain Land Council consent before forwarding management plans to Minister","Conditional vesting provisions: Section 6 creates automatic vesting of additional lands if specific triggering events occur (cessation of leases or grants to Territory)","Nested approval processes for mining: Requires Board approval, inclusion in plan of management, AND agreement on fees with Land Council, with Chief Justice arbitration if no agreement","Legislative disallowance mechanism: Plans of management must be tabled in Legislative Assembly and can be disallowed, with complex procedural rules including Chief Justice mediation if disallowed twice","Extensive cross-referencing: Incorporates provisions from Territory Parks and Wildlife Conservation Act 1976, Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), Financial Management Act 1995, and Mineral Titles Act 2010","Specific commercial carve-out: Section 39 mandates a specific lease to Paspaley Pearling Company with Chief Justice arbitration if parties cannot agree on terms","Dual status areas: Land is simultaneously Aboriginal land (inalienable), national park, and sanctuary, creating layered legal regimes"],"plain_english_summary":"The Act transfers ownership of the Cobourg Peninsula to the Cobourg Peninsula Sanctuary Land Trust on behalf of Traditional Owners and other Aboriginal people, declares the land a national park and marine sanctuary in perpetuity, and guarantees group members’ permanent rights to use and occupy the area.\n\nIt establishes a jointly managed Board, restricts mining unless agreed and included in management plans, preserves an existing Paspaley lease, and sets a precedent for Indigenous‑government joint park management in Australia."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-act-1981","history":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-act-1981/history","analysis":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-act-1981/analysis","conflicts":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-act-1981/conflicts","importantCases":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-act-1981/important-cases","documents":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-act-1981/documents"}}