{"id":"cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-rehabilitation-areas-bylaws-2001","name":"COBOURG PENINSULA ABORIGINAL LAND, SANCTUARY AND MARINE PARK (REHABILITATION AREAS) BY-LAWS 2001","slug":"cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-rehabilitation-areas-by-laws-2001","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174432,"registerId":"nt-cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-rehabilitation-areas-bylaws-2001-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"COBOURG PENINSULA ABORIGINAL LAND, SANCTUARY AND MARINE PARK (REHABILITATION AREAS) BY-LAWS 2001","content":"NORTHERN TERRITORY OF AUSTRALIA\nCOBOURG PENINSULA ABORIGINAL LAND, SANCTUARY AND MARINE\nPARK (REHABILITATION AREAS) BY-LAWS 2001\nAs in force at 6 March 2002\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Board may declare rehabilitation area ............................................. 1\n3 Offence to take prohibited action in rehabilitation area .................... 1\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 6 March 2002\n____________________\nCOBOURG PENINSULA ABORIGINAL LAND, SANCTUARY AND MARINE\nPARK (REHABILITATION AREAS) BY-LAWS 2001\nBy-laws under the Cobourg Peninsula Aboriginal Land, Sanctuary and\nMarine Park Act 1981\n1 Citation\nThese By-laws may be cited as the Cobourg Peninsula Aboriginal\nLand, Sanctuary and Marine Park (Rehabilitation Areas)\nBy-laws 2001.\n2 Board may declare rehabilitation area\n(1) The Board may declare:\n(a) an area within the sanctuary or the marine park to be a\nrehabilitation area; and\n(b) the action that is, or the actions that are, prohibited within the\narea to persons who are not members of the group.\n(2) The Board is to ensure that a rehabilitation area is clearly sign\nposted indicating:\n(a) that the area is a rehabilitation area;\n(b) the action that is, or the actions that are, prohibited within the\narea to persons who are not members of the group;\n(c) the boundaries of the rehabilitation area; and\n(d) the penalty for breaching these By-laws.\n(3) A person does not commit an offence against these By-laws unless\nthe rehabilitation area is sign posted in accordance with clause (2).\n3 Offence to take prohibited action in rehabilitation area\nA person who is not a member of the group must not:\n(a) take an action that is prohibited; or\n\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park (Rehabilitation Areas)\nBy-laws 2001. 2\n(b) cause or permit another person who is not a member of the\ngroup to take an action that is prohibited,\nwithin a rehabilitation area.\nPenalty: 5 penalty units.\n\nENDNOTES\nCobourg Peninsula Aboriginal Land, Sanctuary and Marine Park (Rehabilitation Areas)\nBy-laws 2001. 3\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, Sanctuary and Marine Park (Rehabilitation Areas)\nBy-laws (SL No. 56, 2001)\nNotified 6 March 2002\nCommenced 6 March 2002\n3 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: r 1.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The By-laws remain tightly focused on their original purpose: creating a mechanism for temporary rehabilitation areas with signposting requirements. The 2018 amendment mentioned in the endnotes appears to be a standard formal amendment to the citation clause (updating interpretation legislation references), not an expansion of substantive scope."},"complexity_factors":["Only 3 operative clauses (sections) total","No defined terms section — relies on definitions from the parent Act (Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981)","Simple conditional structure: offence only applies if (a) area declared, (b) person is not 'member of the group', (c) action is prohibited, and (d) signs are posted","Single penalty provision with no gradations or exceptions","No cross-references to other legislation except the enabling Act in the title","Minimal administrative machinery — no forms, no appeal processes, no review mechanisms"],"plain_english_summary":"**What this legislation does:**\n\nThese By-laws give the Board of the Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park the power to create **rehabilitation areas** — special zones within the park where certain activities are restricted to help the land or sea recover from damage.\n\n**Who it affects:**\n\n* **Traditional owners and Aboriginal people** (\"members of the group\") — these By-laws generally don't restrict what they can do in rehabilitation areas.\n* **Everyone else** — tourists, fishers, visitors, and other non-Aboriginal people who enter the park. They must obey any restrictions posted on signs.\n\n**How it works:**\n\n1. The Board can declare a rehabilitation area and decide what activities are banned there (for example, fishing, camping, or entering certain zones).\n2. The Board **must** put up clear signs showing:\n   * Where the area is\n   * What's not allowed\n   * What the penalty is for breaking the rules\n3. **No signs = no offence.** If the area isn't properly signposted, nobody can be fined for breaking these rules.\n4. If you ignore the signs and do something prohibited, you face a fine of **5 penalty units** (roughly $1,000-$1,500 depending on when the fine is issued).\n\n**Why it matters:**\n\nThis creates a flexible tool for protecting sensitive parts of the park. Instead of having fixed rules for the whole park, the Board can respond to specific problems — like a damaged coral reef or overused camping site — by temporarily restricting access while the area heals. The signposting requirement ensures visitors know the rules before they can be punished."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These by-laws are narrowly framed to empower the Board to declare rehabilitation areas, to prescribe prohibited actions for non‑members, require signage, and create a single offence with a specified penalty. That scope aligns with the enabling purpose of managing access and activity in parts of the sanctuary and marine park. Endnotes indicate later formal amendments of a technical nature; there is no evidence in the text of a substantive expansion beyond the instrument's original, narrow purpose."},"complexity_factors":["Very short instrument: 3 operative clauses (plus citation) only","Single conditional hook: offence applies only if signage requirements in clause 2(2) are met (clause 2(3))","Limited number of defined terms inside the by-laws; key phrase \"member of the group\" is used but not defined here (cross-reference to parent Act required)","Single penalty: fixed at 5 penalty units (no sliding scale or multiple penalties)","Some external dependence on the parent Act for definitions and enforcement mechanics (moderate cross‑referencing)","No nested exceptions, no permit/appeal procedures, no schedules or technical annexes"],"plain_english_summary":"**What this instrument does (mechanically)\n\n- Gives \"the Board\" the power to declare parts of the Cobourg Peninsula sanctuary or marine park to be \"rehabilitation areas\" (clause 2(1)).\n- Lets the Board specify what action(s) are prohibited inside each rehabilitation area and limits those prohibitions to persons who are not \"members of the group\" (clause 2(1)(b)).\n- Requires the Board to put up clear signs at each rehabilitation area stating that it is a rehabilitation area, the prohibited action(s), the area boundaries and the penalty for breaching the by-laws (clause 2(2)).\n- States that no offence is committed under these by-laws unless the rehabilitation area is sign‑posted as required (clause 2(3)).\n- Creates an offence for a person who is not a member of the group to do, or cause another non-member to do, any action that the Board has prohibited in a rehabilitation area; the maximum penalty is 5 penalty units (clause 3).\n\nWho it affects\n\n- The Board that manages the sanctuary/marine park (it decides where rehabilitation areas are and what is prohibited).\n- \"Members of the group\" (the by-laws exempt them from the prohibitions; the by-laws themselves do not define that phrase, so its meaning will come from the parent Act or other instruments).\n- All other people (visitors, tourists, researchers, commercial operators, fishers, etc.) who may be present in or want to enter areas designated as rehabilitation areas: they may be criminally liable if they take or cause prohibited actions in a properly sign‑posted rehabilitation area.\n\nWhy it matters (stated purpose and practical effects)\n\n- The by-laws allow the Board to create exclusionary areas inside the sanctuary or marine park and to limit specific activities to members of a particular Aboriginal group. The stated legal mechanism is a prohibition applied only to persons who are not members of the group (clause 2(1)(b) and clause 3).\n\nPractical trade-offs, costs and implementation details to note\n\n- Decision-making and discretion: the Board decides both where rehabilitation areas are and what actions are prohibited (clause 2(1)). That centralises discretionary power in the Board rather than creating a prescriptive list in the by-laws.\n- Signage as a gating condition: an offence under these by-laws only exists where signage meets the requirements (clause 2(3)). That reduces the risk that people will be criminally liable because of unadvertised restrictions, but it creates an operational duty on the Board to maintain accurate, visible signage (clause 2(2)).\n- Administrative and enforcement costs: the Board must prepare and maintain signage and records of declared areas and prohibited actions. Enforcement agencies (rangers, police) will need to check signage and establish a person is not a group member before proceeding with prosecution. Offenders (if prosecuted) face the financial cost of the penalty (5 penalty units) and any legal costs.\n- Uncertainty about \"member of the group\": the by-laws rely on that category but do not define it. Determining membership may require cross-reference to the parent Act, native title records, land council registers or other documentation, creating scope for disputes and evidentiary questions in enforcement.\n- Effects on private enterprise and activities: tourism operators, fishers, researchers and other commercial actors face potential restrictions on access and activity in sign‑posted rehabilitation areas. Those actors may incur compliance costs (route changes, permits, supervision) or lose opportunity to operate in particular locations.\n- Distribution of benefits and costs: the rules create exclusive rights for the identified group (they may continue specified activities) while imposing restrictions on outsiders. The benefit is concentrated on the group; costs are diffuse among non-group users who wish to use the area.\n- Limited procedural protections in the by-laws: the by-laws do not set out a permit, appeal or notification process beyond signage. Any specific permitting or dispute resolution processes would need to come from the parent Act, other by-laws or administrative practice.\n- Behavioural effect: non‑members will avoid or seek permission to carry out prohibited activities in signposted rehabilitation areas; members of the group may continue activities the Board has not prohibited.\n\nKey clause references: clauses 2(1)–(3) (declaration, signage and condition for offence) and clause 3 (offence and penalty)."},"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"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available information, the by-laws appear to remain focused on their original intent: regulating rehabilitation areas within the Cobourg Peninsula protected zone. There is no indication of scope creep beyond land and environmental management in this specific geographic area."},"complexity_factors":["Overlapping legal frameworks: the land is simultaneously Aboriginal land, a sanctuary, and a marine park — each with its own governing legislation","Intersection of Indigenous land rights with conservation law creates potential conflicts and complex jurisdictional questions","The specific content of the by-laws is not provided, making it difficult to assess their precise rules and obligations","Remote location and specialised subject matter (rehabilitation areas) may involve technical environmental definitions","Administered by the Department of Tourism and Hospitality, suggesting a further layer of interest balancing tourism against conservation","By-laws are subordinate legislation sitting beneath potentially multiple parent Acts, requiring cross-referencing to understand full legal effect"],"plain_english_summary":"These by-laws govern designated rehabilitation areas on the Cobourg Peninsula — parts of Aboriginal land, a wildlife sanctuary and marine park — by limiting activities and access to allow ecosystems to recover.  \n\nThey affect visitors, traditional owners, tour operators and researchers (who may need permits) and matter because they balance ecological recovery with Indigenous rights and public use in a culturally and environmentally significant landscape."}},"importantCases":[],"_links":{"self":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-rehabilitation-areas-by-laws-2001","history":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-rehabilitation-areas-by-laws-2001/history","analysis":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-rehabilitation-areas-by-laws-2001/analysis","conflicts":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-rehabilitation-areas-by-laws-2001/conflicts","importantCases":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-rehabilitation-areas-by-laws-2001/important-cases","documents":"/api/acts/cobourg-peninsula-aboriginal-land-sanctuary-and-marine-park-rehabilitation-areas-by-laws-2001/documents"}}