{"id":"nitmiluk-katherine-gorge-national-park-act-1989","name":"Nitmiluk (Katherine Gorge) National Park Act 1989","slug":"nitmiluk-katherine-gorge-national-park-act-1989","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30423,"registerId":"nt-nitmiluk-katherine-gorge-national-park-act-1989-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Nitmiluk (Katherine Gorge) National Park Act 1989","content":"NORTHERN TERRITORY OF AUSTRALIA\nNITMILUK (KATHERINE GORGE) NATIONAL PARK ACT 1989\nAs in force at 28 August 2013\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Act binds Crown .............................................................................. 3\n5 Lease ............................................................................................... 3\n6 Establishment of national park......................................................... 3\n7 Additions to Park ............................................................................. 3\n8 Entitlement to use and occupation................................................... 4\nPart II Establishment, composition and\nprocedures of Board\n9 Establishment of Board ................................................................... 4\n10 Composition of Board ...................................................................... 5\n11 Resignation of member ................................................................... 6\n12 Appointment of new member ........................................................... 6\n13 Chairman and Deputy Chairman ..................................................... 7\n14 Calling of meetings, procedure, &c. ................................................. 7\n15 Committees ..................................................................................... 9\nPart III Functions and powers of Board and\nCommission\n16 Functions of Board .......................................................................... 9\n17 Functions of Commission .............................................................. 10\n18 Powers........................................................................................... 10\n19 Directions by Chief Minister ........................................................... 10\nPart IV Plan of management and control of Park\n20 Plan of management ..................................................................... 11\n21 Consideration of plan of management by Assembly...................... 13\n22 Amendment, &c., of plan of management ..................................... 15\n23 Access to Park............................................................................... 15\n24 Actions not to be taken except in accordance with Act, lease\nor plan of management .................................................................. 15\n\nNitmiluk (Katherine Gorge) National Park Act 1989 ii\nPart V By-laws\n25 By-laws .......................................................................................... 16\nPart VI Financial arrangements\n26 Audit, &c., provisions ..................................................................... 20\n27 Park income................................................................................... 20\n28 Park expenditure ........................................................................... 21\nPart VII Miscellaneous\n29 Territory Parks Act provisions to apply .......................................... 21\n30 Reservations revoked .................................................................... 21\n31 Existing arrangements ................................................................... 21\n32 Future concessions and leases ..................................................... 22\n33 Area to be surrendered from lease for Aboriginal cultural\ncentre ............................................................................................ 22\nSchedule 1 Nitmiluk (Katherine Gorge) National Park\nLease\nSchedule 2\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 28 August 2013\n____________________\nNITMILUK (KATHERINE GORGE) NATIONAL PARK ACT 1989\nAn Act to acknowledge and secure the right of Aboriginals who are the\ntraditional Aboriginal owners of certain land in the Northern Territory of\nAustralia, and certain other Aboriginals, to occupy and use that land, to\nestablish a National park comprising that land to be known as the\nNitmiluk (Katherine Gorge) National Park, to provide for the management\nand control of that Park and certain other land, and for related purposes\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Nitmiluk (Katherine Gorge) National\nPark Act 1989.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Interpretation\n(1) In this Act, unless the contrary intention appears:\nAboriginal means a person who is a member of the Aboriginal race\nof Australia.\nAboriginal tradition has the same meaning as in the Land Rights\nAct.\naircraft has the same meaning as in the Territory Parks Act.\nanimal has the same meaning as in the Territory Parks Act.\nBoard means the Nitmiluk (Katherine Gorge) National Park Board\nestablished by section 9.\nCommission means the Commission within the meaning of the\nParks and Wildlife Commission Act 1980.\n\nPart I Preliminary\nNitmiluk (Katherine Gorge) National Park Act 1989 2\nCorporation means the Conservation Land Corporation within the\nmeaning of the Parks and Wildlife Commission Act 1980.\nDirector of Parks and Wildlife means the Director within the\nmeaning of the Parks and Wildlife Commission Act 1980.\nJawoyn Association means the Jawoyn Association Aboriginal\nCorporation.\nLand Council means the Land Council for the area in which the\nPark is situated established under the Land Rights Act.\nLand Rights Act means the Aboriginal Land Rights (Northern\nTerritory) Act 1976 of the Commonwealth.\nLand Trust means the Jawoyn Aboriginal Land Trust established\nunder the Land Rights Act.\nPark means:\n(a) the area the subject of the lease; and\n(b) the additional areas, if any, added under section 7 to the Park.\nplan of management means the plan of management for the Park\nprepared under section 20 by or on behalf of the Board.\nplant has the same meaning as in the Territory Parks Act.\nthe lease means the lease referred to in section 5 and, if the lease\nis amended in accordance with its provisions, includes the lease as\nso amended from time to time.\nTerritory Parks Act means the Territory Parks and Wildlife\nConservation Act 1976.\ntraditional Aboriginal owners, in relation to the Park, has the\nsame meaning as in the Land Rights Act.\ntraffic sign has the same meaning as in the Territory Parks Act.\nvehicle has the same meaning as in the Territory Parks Act.\nvessel has the same meaning as in the Territory Parks Act.\n(2) Where in this Act provision is made for an act or thing that may be\ndone or a function that may be performed by the Jawoyn\nAssociation, that act or thing may be done, or that function may be\nperformed, with the consent in writing of the Jawoyn Association, by\nthe Land Council.\n\nPart I Preliminary\nNitmiluk (Katherine Gorge) National Park Act 1989 3\n4 Act binds Crown\nThis Act binds the Crown not only in right of the Territory but, so far\nas the legislative power of the Legislative Assembly permits, the\nCrown in all its capacities.\n5 Lease\n(1) As soon as practicable after the area of land specified in\nSchedule 1 is granted under the Land Rights Act to the Land Trust,\nthe Corporation shall accept a lease of the land from the Land Trust\nin the terms specified in the Memorandum of Lease in Schedule 1.\n(2) The lease, on its execution, is approved.\n(3) The implementation of the lease is authorized and ministers,\ndepartments, statutory corporations and authorities (including the\nCommission and the Corporation) shall do all things necessary or\nexpedient to carry out their respective obligations under or in\nrelation to, and give full effect to, the lease.\n(4) Where a provision of another law of the Territory is inconsistent with\nthis Act, this Act shall prevail and the provision of the other law, to\nthe extent of the inconsistency has no effect.\n(5) Notwithstanding subsection (4), the lease and any addition to the\npark under section 7, is not a subdivision or consolidation for the\npurposes of the Planning Act 1999.\n6 Establishment of national park\n(1) On the commencement of the lease the Park is, by force of this\nsection, established as a national park for the benefit and\nenjoyment of all people.\n(2) The Park shall be used in such manner and on such conditions as\nare provided by or under the lease, this Act and, when a plan of\nmanagement is in force, the plan of management.\n7 Additions to Park\n(1) Where the Land Council and the Commission agree that land\nvested in the Land Trust not included in the lease should be added\nto the Park, the Land Trust shall grant, and the Corporation shall\naccept, a lease of the additional area on the same terms and\nconditions as apply under the lease to the land the subject of the\noriginal lease, or on such other terms and conditions as are agreed.\n\nPart II Establishment, composition and procedures of Board\nNitmiluk (Katherine Gorge) National Park Act 1989 4\n(2) The Land Council and the Commission may, with the consent of all\npersons having an estate or interest registered under the Land Title\nAct 2000 in land not vested in the Land Trust, agree that the land\nshould be added to the Park.\n(3) On:\n(a) the registration under the Land Title Act 2000 of:\n(i) a lease of an additional area granted and accepted in\npursuance of subsection (1); or\n(ii) a lease granted in pursuance of an agreement and\nconsent under subsection (2); or\n(b) where no lease is to be granted in pursuance of an agreement\nand consent under subsection (2), on the lodging with the\nRegistrar-General under subsection (4) of a copy of the\nagreement and consent under subsection (2),\nthe additional area, or the land the subject of the agreement, forms\npart of the Park and this Act, the By-laws and the plan of\nmanagement applies to and in relation to it as part of the Park\naccordingly.\n(4) The Commission shall, as soon a practicable after an agreement\nand consent under subsection (2) is made and given, where the\nagreement does not provide for the granting of a lease of the land\nto which it relates, lodge with the Registrar-General a copy of the\nagreement and consent, and the Registrar-General shall make an\nappropriate entry in the record of administrative interests and\ninformation kept under section 38 of the Land Title Act 2000.\n8 Entitlement to use and occupation\nSubject to this Act and to the plan of management, the Aboriginals\nwho are, from time to time, Aboriginal traditional owners of the Park\nor Aboriginals entitled by Aboriginal tradition to the use or\noccupation of the Park are, at all times, entitled to use and occupy\nthe Park.\nPart II Establishment, composition and procedures of\nBoard\n9 Establishment of Board\n(1) There is hereby established a Board to be known as the Nitmiluk\n(Katherine Gorge) National Park Board.\n\nPart II Establishment, composition and procedures of Board\nNitmiluk (Katherine Gorge) National Park Act 1989 5\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 (including leasehold) and personal\nproperty and of suing and being 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.\n10 Composition of Board\n(1) The Board shall consist of 13 members appointed by the Minister,\nof whom:\n(a) 8 shall be traditional Aboriginal owners of the Park appointed\non the nomination of the Jawoyn Association;\n(b) at least one is to be a member of the permanent staff of the\nCommission appointed on the nomination of the Director of\nParks and Wildlife;\n(ba) 2 are to each hold an appointment (whether as an employee\nor a Chief Executive Officer) under the Public Sector\nEmployment and Management Act 1993 and are to be\nappointed on the nomination of the Director of Parks and\nWildlife;\n(bb) one is to be the presiding member of the Kakadu National\nPark Board established under the National Parks and Wildlife\nConservation Act 1975 of the Commonwealth or another\nAboriginal member of the Kakadu National Park Board; and\n(c) one shall be a resident of the Katherine area appointed on the\nnomination of the Mayor of the municipality of Katherine.\nNote for subsection (1):\nThe National Parks and Wildlife Conservation Act 1975 (Cth) was repealed by\nthe Environmental Reform (Consequential Provisions) Act 1999 (Cth). However,\nthe Board for the Kakadu National Park continues in existence under Schedule 4,\nitem 6(1)(c) to the Environmental Reform (Consequential Provisions) Act 1999\n(Cth).\n(2) A person who is a member of the Legislative Assembly or of either\nhouse of the Parliament of the Commonwealth is not eligible to be\nappointed or to hold office as a member of the Board.\n\nPart II Establishment, composition and procedures of Board\nNitmiluk (Katherine Gorge) National Park Act 1989 6\n(3) 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(4) Subject to sections 11 and 12, a member of the Board holds office\nfor a period of 3 years but is eligible for reappointment.\n(5) Where a member of the Board appointed under subsection (1)(a) is\nor is about to become unable, whether on account of illness or\notherwise, to perform the duties of the member's office, the Jawoyn\nAssociation may appoint a traditional Aboriginal owner of the Park\nto act in the place of that member during the period during which\nthat member is unable to perform those duties, unless the first-\nmentioned member has, under section 14(4), given to another\nmember a general authority to vote for him or her at meetings of the\nBoard during the first-mentioned member's inability to perform the\nduties of that office.\n(6) A person appointed to act in the place of a member of the Board\nhas all the functions and powers of that member.\n(7) The performance of a function or the exercise of a power of the\nBoard is not affected by reason only of there being a vacancy in the\noffice of a member of the Board.\n11 Resignation of member\nA member of the Board may resign office by writing signed by or\nwith the authority of the member, delivered to the Minister.\n12 Appointment of new member\n(1) The Minister shall, as soon as practicable after:\n(a) receiving the resignation of a member of the Board;\n(b) being advised in writing by the Jawoyn Association that, in its\nopinion, a member appointed on the nomination of the Jawoyn\nAssociation has failed properly to perform the duties of the\nmember's office; or\n(c) becoming aware of a member's inability to continue as a\nmember because of illness or for any other reason,\nterminate the appointment of the person as a member of the Board.\n(2) The Minister shall, as soon as practicable after:\n(a) becoming aware of the death of a member of the Board; or\n\nPart II Establishment, composition and procedures of Board\nNitmiluk (Katherine Gorge) National Park Act 1989 7\n(b) under subsection (1) terminating the appointment of a person\nas a member,\nappoint another person, with the same qualification for membership\nas the person in whose stead the person is appointed, to be a\nmember of the Board.\n13 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 10(1)(a) to preside at a meeting referred to in\nsubsection (1).\n(3) The Chairman of the Board shall be elected by the Board from\namong the members appointed under section 10(1)(a).\n(4) Where a member is elected as Chairman at a meeting referred to in\nsubsection (1), the member shall preside at that meeting in place of\nthe member 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 10(1)(a) to be the\nDeputy Chairman of the Board and shall thereafter, whenever the\nposition of Deputy Chairman is vacant, elect a member, with the\nsame qualification for membership, to be the Deputy Chairman.\n(6) Subject to subsection (7), a member elected under this section as\nthe Chairman or the Deputy Chairman, while the person remains a\nmember of the Board, holds office for 3 years and is eligible for\nre-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.\n14 Calling of meetings, procedure, &c.\n(1) The Chairman or Deputy Chairman of the Board shall call such\nmeetings of the Board as are necessary for the performance of its\nfunctions and the exercise of its powers.\n\nPart II Establishment, composition and procedures of Board\nNitmiluk (Katherine Gorge) National Park Act 1989 8\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(3) At a meeting of the Board:\n(a) the Chairman, if present, or, if the Chairman is not present, the\nDeputy Chairman, shall preside or, if neither the Chairman nor\nDeputy Chairman is present, the members of the Board\npresent shall elect one of their number to preside;\n(b) subject to subsection (4), 7 members, of whom 4 shall be\nmembers appointed under section 10(1)(a), constitute a\nquorum;\n(c) questions arising shall be determined by a majority of the\nvotes of the members present and, in the event of an equality\nof votes, the person presiding shall have a casting vote as well\nas a deliberative 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 the member's hand or\nwith the member's authority, give to another member a general\nauthority to vote for the first-mentioned member at a meeting of the\nBoard and the member given that authority may vote for the first-\nmentioned member at that meeting and shall, for the purposes of\nsubsection (3)(b), be counted towards a quorum as though he or\nshe 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, to\nthe Jawoyn Association, to the Minister and 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 the member considers\nnecessary to advise the member on matters being considered at\nthe meeting and may require the Board to allow such persons, or\nany of them, to address the meeting on the member's behalf, and\nthe Board shall admit those persons and allow them to address the\nmeeting 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 Board and Commission\nNitmiluk (Katherine Gorge) National Park Act 1989 9\n15 Committees\n(1) The Board may appoint a planning committee consisting of such of\nits members and other persons as it thinks fit, to assist it in the\npreparation of plans of management.\n(2) The Board may appoint a committee or committees of its members\nto assist it in relation to the performance of such other of its\nfunctions as it thinks fit.\n(3) The Board may give such directions as it thinks fit about the\nprocedure to be followed at, and in relation to, meetings of a\nplanning committee appointed under subsection (1) or a committee\nappointed under subsection (2) and the committee shall comply\nwith those directions.\nPart III Functions and powers of Board and\nCommission\n16 Functions of Board\nThe functions of the Board are:\n(a) to prepare plans of management for the control and\nmanagement of the Park;\n(b) to make decisions, not inconsistent with this Act and the plan\nof management, in respect of the Park;\n(c) to protect and enforce the right of Aboriginals entitled by\nAboriginal tradition to use and occupy the Park to use and\noccupy it;\n(d) to ensure adequate protection of sites of spiritual or other\nimportance in accordance with Aboriginal tradition in the Park;\n(da) to enter into agreements with the traditional Aboriginal owners\nof the Park in relation to the control and management by the\nBoard of land outside the Park in respect of which those\nowners are also the traditional Aboriginal owners; and\n(e) the other functions in relation to the Park or other land\nimposed on the Board by or under this Act, the lease, the plan\nof management or an agreement under paragraph (da).\n\nPart III Functions and powers of Board and Commission\nNitmiluk (Katherine Gorge) National Park Act 1989 10\n17 Functions of Commission\nThe functions of the Commission in relation to the Park include, on\nbehalf of and subject to the directions of the Board:\n(a) to facilitate the preparation of plans of management; and\n(b) to control and manage the Park in accordance with this Act\nand the plan of management.\n18 Powers\n(1) Subject to this Act, the lease and the plan of management, the\nBoard and the Commission have, in relation to the Park, the power\nto do all things that are necessary or convenient to be done for or in\nconnection with, or incidental to the performance of, their respective\nfunctions and the exercise of their respective powers.\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) receive moneys due and payable to it and give a valid\ndischarge for those moneys.\n19 Directions by Chief Minister\n(1) The Board shall perform its functions and exercise its powers in\naccordance with such general directions as are given to it in writing\nby the Chief Minister.\n(2) Subsection (1) does not empower the Chief Minister to give\ndirections relating to:\n(a) subject to section 20(7)(j), a function specified in\nsection 16(a);\n(b) a function specified in section 16(c) or (d) or a decision\nreferred to in section 16(b), so far as that decision relates to\nthe protection and enforcement of rights referred to in\nsection 16(c) or the protection of sites referred to in\nsection 16(d); or\n(c) the contents of any advice, information or recommendation\nthat may be given by the Board to a minister, Department or\nauthority of the Territory, or to the Commonwealth or an\nauthority of the Commonwealth, except for the purpose of\n\nPart IV Plan of management and control of Park\nNitmiluk (Katherine Gorge) National Park Act 1989 11\nprotecting the confidentiality of information given to the Board\nby the Territory or an authority of the Territory.\n(3) Subject to subsection (4), the Chief Minister shall cause a copy of\nany direction given under subsection (1) to be laid before the\nAssembly within 6 sitting days of the Assembly after that direction\nwas given.\n(4) A copy of a direction laid before the Assembly in accordance with\nsubsection (3) shall not disclose a matter known to the Chief\nMinister to be required by Aboriginal tradition to be held sacred or\nkept secret.\nPart IV Plan of management and control of Park\n20 Plan of management\n(1) As soon as practicable after the commencement of this Act or when\na new plan of management is required under subsection (5) to be\nprepared, the Board shall cause to be prepared a draft plan of\nmanagement for the Park.\n(2) When a draft plan of management has been prepared, the Board\nshall, by notice in the Gazette:\n(a) state that it has been prepared;\n(b) invite interested persons to make representations in\nconnection with the draft plan of management by such date,\nbeing not earlier than one month after the date of publication\nof the notice in the Gazette, as is specified in the notice;\n(c) specify an address or addresses at which copies of the draft\nplan of management may be inspected or purchased; and\n(d) specify an address to which such representations may be\nforwarded.\n(3) A person may, not later than the date specified in the notice under\nsubsection (2), make representations to the Board in connection\nwith the draft plan of management and the Board shall give due\nconsideration to all representations so made and, if it thinks fit, alter\nthe draft plan of management as a result.\n(4) The plan of management shall specify a date, being not later than\n10 years after the date on which the Park is established, as being\nthe date on which the plan is to cease to have effect and it shall\ncease to have effect on the date so specified, unless it is sooner\nrevoked.\n\nPart IV Plan of management and control of Park\nNitmiluk (Katherine Gorge) National Park Act 1989 12\n(5) The Board shall ensure, so far as is practicable, that on the date on\nwhich the plan of management ceases to have effect under\nsubsection (4) or is revoked, or as soon as practicable thereafter, a\nnew plan of management comes into operation and this section\napplies as if the proposed new plan of management were the first\nplan of management to be prepared after the commencement of\nthis Act.\n(6) The 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 Park shall be managed and shall include a\ngeneral description of all existing or proposed buildings, structures,\nfacilities or other developments on the Park.\n(7) 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 Park;\n(c) the encouragement and regulation of the appropriate use,\nappreciation and enjoyment of the Park;\n(d) the preservation of the Park in its natural condition and the\nprotection of its special features, including objects and sites of\nspiritual, biological, historical, palaeontological,\narchaeological, geological and geographical interest;\n(e) the protection, conservation and management of native flora\nand fauna within the Park and the natural environment\ngenerally;\n(f) the protection of the Park against damage;\n(g) the employment and training of Aboriginals;\n(h) the functions of the Commission under other laws of the\nTerritory;\n(j) such other matters as the Chief Minister directs; and\n(k) such other matters as the Board thinks fit.\n(8) Before forwarding the plan of management to the Minister, the\nBoard shall satisfy itself that the objectives and proposed actions\nset out in the plan are consistent with subsection (7) and in\naccordance with priorities determined by the Board.\n\nPart IV Plan of management and control of Park\nNitmiluk (Katherine Gorge) National Park Act 1989 13\n(9) When the plan of management has been prepared, the Board shall,\nwith the consent in writing of the Jawoyn Association given by\nauthority of a resolution of the Association, forward the plan to the\nMinister for tabling in the Legislative Assembly.\n(10) The Minister shall, as soon as practicable after receiving the plan of\nmanagement forwarded under subsection (9), cause it to be tabled\nin the Legislative Assembly.\n21 Consideration of plan of management by Assembly\n(1) For the purposes of this section and section 22, 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(2) Subject to subsection (3), the Legislative Assembly may, in\npursuance of a motion, notice of which is given within 5 sitting days\nof the Assembly after the plan of management has been tabled in\nthe Assembly, pass a resolution disallowing the plan of\nmanagement.\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 the plan of\nmanagement, the plan of management comes into operation on the\nday immediately following the fifth sitting day referred to or on the\nday immediately following the last day on which such a resolution\ncould have 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\n\nPart IV Plan of management and control of Park\nNitmiluk (Katherine Gorge) National Park Act 1989 14\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,\nsubsections (2), (3) and (4) and section 20 (other than\nsubsections (2) and (3) of that section) apply as though the plan of\nmanagement were the first plan of management prepared for the\nPark.\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, at the Minister's option, to either an Aboriginal Land\nCommissioner appointed under the Land Rights Act or a panel of\n3 persons appointed under subsection (7) who shall consider it and\nmake recommendations to the Minister and the Board on possible\nways of resolving the differences between the Legislative Assembly\nand the Board in relation to the plan of management and, if thought\nnecessary, suggest amendments to the plan of management.\n(7) For the purposes of subsection (6), the Minister may appoint a\npanel of 3 persons, each of whom, in the opinion of the person or\npersons nominating the person, is suitably qualified and in a\nposition to deal with the matter impartially, of whom:\n(a) one shall be appointed on the nomination of the Board;\n(b) one shall be appointed on the Minister's own nomination; and\n(c) one shall be appointed on the nomination of the persons\nappointed under paragraphs (a) and (b).\n(8) The Aboriginal Land Commissioner or members of the panel, in\ncarrying out the function referred to in subsection (6), may obtain\ninformation, in whatever manner he, she or they thinks fit, about\nany fact he or she considers, or they consider, relevant to the\nconsideration of the plan of management.\n(9) The Minister shall, at the request of the Board, table in the\nLegislative Assembly the recommendations made under\nsubsection (6) and the tabling of those recommendations shall be\ndeemed to be the tabling under section 20 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\nPark.\n\nPart IV Plan of management and control of Park\nNitmiluk (Katherine Gorge) National Park Act 1989 15\n(10) 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 the Minister 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.\n22 Amendment, &c., of plan of management\n(1) Subject to subsection (2), the Board may at any time amend a plan\nof management, and sections 20(2) to (10) (inclusive) and 21 apply\nin relation to such an amendment in the same manner as they\napply in relation to the plan of management.\n(2) A plan of management shall not be amended so as to extend the\nperiod of operation of the plan to a date later than the date specified\nunder section 20(4).\n(3) A plan of management may not be revoked except by a new plan of\nmanagement, but the revocation shall not take effect until the new\nplan of management comes into operation.\n23 Access to Park\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 in the Park.\n(2) The Aboriginal Land Act 1978 does not apply to or in relation to the\nPark.\n24 Actions not to be taken except in accordance with Act, lease or\nplan of management\n(1) Where no plan of management is in force, the Board and the\nCommission may perform their respective functions in and in\nrelation to the Park for the purposes of preserving, protecting and\nmanaging it.\n(2) While a plan of management is in force, the Board, the Commission\nand the Corporation shall perform their functions and exercise their\npowers in and in relation to the Park in accordance with the plan of\nmanagement.\n(3) A person having a right to carry on business or do work in the Park\nby arrangement, agreement or contract with the Board or the\nCommission shall carry on that business or do that work in such\nmanner as not to contravene the plan of management.\n\nPart V By-laws\nNitmiluk (Katherine Gorge) National Park Act 1989 16\nPart V By-laws\n25 By-laws\n(1) The Board may make by-laws for the Park, not inconsistent with\nthis Act, any other law of the Territory, the lease or the plan of\nmanagement, prescribing all matters:\n(a) required or permitted by this Act or the plan of management to\nbe prescribed by by-laws; or\n(b) necessary or convenient to be so prescribed for carrying out\nor giving effect to the functions and powers of the Board and\nthe Commission.\n(2) Without limiting the generality of subsection (1), but subject to\nsubsection (3), by-laws may be made:\n(a) providing for the regulation or the prohibition of fishing;\n(b) providing for the regulation or prohibition of the use of\nfirearms;\n(c) providing for the regulation or prohibition of the setting of\ntraps;\n(d) providing for the requiring of persons, on entering the Park, to\ndeclare all items of fishing equipment, firearms, ammunition\nand traps in their possession;\n(e) providing for the regulation or prohibition 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 Park and\nproperty and things in the Park;\n(j) providing opening times and closing times for access to the\nPark by persons who are not Aboriginal traditional owners or\nAboriginals entitled by Aboriginal tradition to the use or\noccupation of the Park;\n(k) regulating or prohibiting access to the Park by persons or\nclasses of persons;\n\nPart V By-laws\nNitmiluk (Katherine Gorge) National Park Act 1989 17\n(m) providing for the removal from the Park of persons who are\nbelieved, on reasonable grounds, to be trespassers or to have\ncontravened or failed to comply with a provision of this Act, a\nby-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(t) regulating or prohibiting the carrying on of trade or commerce;\n(u) providing for fees and charges to be imposed on persons,\n(who are not Aboriginal traditional owners or Aboriginals\nentitled by Aboriginal tradition to the use or occupation of the\nPark) entering, camping on or using the Park or using services\nor facilities provided by or on behalf 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 use of vehicles and vessels; and\n(iv) the landing of aircraft;\n(z) providing for the removal of vehicles, vessels or aircraft from\nplaces where they have been left in contravention of the\nBy-laws or have been abandoned and for the impounding of\nsuch vehicles, vessels or aircraft;\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\n\nPart V By-laws\nNitmiluk (Katherine Gorge) National Park Act 1989 18\nso contravened, whether or not that person in fact\ncontravened that provision;\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,\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 Park and the landing and use\nof aircraft in, and the flying of aircraft over, the Park;\n(zd) regulating or prohibiting the taking of animals or plants into or\nout of the Park and providing for the control of animals in the\nPark;\n(ze) providing for the impounding, removal, destruction or disposal\nof animals found straying in the Park;\n(zf) regulating or prohibiting the laying of baits and the use of\nexplosives and poisons in the Park;\n(zg) providing for the collection of specimens and the pursuit of\nresearch for scientific purposes in the Park;\n(zh) regulating the consumption of alcoholic liquor in the Park; and\n(zj) providing for any matter incidental to or connected with any of\nthe foregoing.\n(3) Subject to subsection (4), a by-law shall not prohibit or regulate the\nuse by a traditional Aboriginal owner of the Park or an Aboriginal\nentitled by Aboriginal tradition to the use or occupation of the Park,\nor prohibit that person from having in the person's possession or\nusing, any trap, net or fishing equipment used or intended to be\nused by the person (unless used or intended to be used for the\ntaking of animals or fish for the purposes of sale) in connection with\nthe exercise of the person's right to use and occupy the Park or a\n\nPart V By-laws\nNitmiluk (Katherine Gorge) National Park Act 1989 19\npart of the Park.\n(4) Where the Board is satisfied that a protected animal or plant is in\ndanger of extinction, it may, for the purpose of protecting that\nanimal or plant or its habitat, by by-law, regulate or prohibit the\nhunting or taking of that animal or plant and the use of the habitat of\nthat animal or plant, by a traditional Aboriginal owner or an\nAboriginal entitled by Aboriginal tradition to the use or occupation of\nthe Park.\n(5) A provision of the By-laws regulating or prohibiting the flying of\naircraft over the Park does not have any force or effect to the extent\nto which it is inconsistent with a law of the Commonwealth or the\nTerritory, but such a provision shall not be taken for the purposes of\nthis subsection to be inconsistent with such a law if it can be\ncomplied with without contravention of that law.\n(6) The power to make By-laws conferred by this Act may be\nexercised:\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(7) The power to make By-laws conferred by this Act shall not be\ntaken, by implication, to exclude the power to make provision for or\nin relation 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(8) The By-laws may provide, in respect of an offence against or under\nthis Act or the By-laws, for the following:\n(a) a maximum penalty of, or of not more than an amount equal\nto, 40 penalty units;\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\nPart VI Financial arrangements\nNitmiluk (Katherine Gorge) National Park Act 1989 20\n(9) 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 in the Park or a particular part of the\nPark to which the by-law relates, is prima facie evidence of that\nfact.\n(10) 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 Parks and Wildlife.\nPart VI Financial arrangements\n26 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 nominate an employee of the Commission to be its\nAccountable Officer.\n27 Park income\nMoney received by the Board or the Corporation in respect of:\n(a) the use or occupation of the Park;\n(b) the carrying out of an activity in the Park; or\n(c) the carrying on of any business or works in the Park,\nshall be paid to the Commission and, together with moneys\notherwise paid to the Commission in respect of any of those\npurposes, shall be held by the Commission on behalf of the Board.\n\nPart VII Miscellaneous\nNitmiluk (Katherine Gorge) National Park Act 1989 21\n28 Park expenditure\n(1) Money payable by the Board or the Corporation in relation to the\nPark or the administration of the Board shall be advanced by the\nCommission.\n(2) The Board shall not expend money to meet its administrative costs\notherwise than in accordance with estimates of expenditure\napproved by the Minister.\nPart VII Miscellaneous\n29 Territory Parks Act provisions to apply\n(1) Parts IV and VIII and sections 113, 115, 118, 119, 120 and 121 of\nthe Territory Parks Act apply to and in relation to the Park as\nthough it were a park within the meaning of that Act.\n(2) Regulations and By-laws made under the Territory Parks Act apply\nto and in relation to the Park as though it were a park within the\nmeaning of that Act, to the extent that they are not inconsistent with\nthe plan of management or a by-law made under this Act.\n30 Reservations revoked\n(1) All reservations under the Crown Lands Act 1992 relating to the\nPark or a part of the Park and in force immediately before the\ncommencement of this Act are, on the commencement of the lease,\nrevoked.\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.\n31 Existing arrangements\n(1) All arrangements, agreements and contracts referred to in\nSchedule 2, whether or not the rights, liabilities or obligations under\nthem could be assigned, shall have effect as if the Board were a\nparty to or affected by them instead of the Commission and shall\ncontinue in force and apply according to their tenor, except to the\nextent that they are inconsistent with this Act.\n\nPart VII Miscellaneous\nNitmiluk (Katherine Gorge) National Park Act 1989 22\n(2) Any renewal of an arrangement, agreement or contract referred to\nin subsection (1), or any arrangement, agreement or contract\npursuant to which concessions are given or businesses or activities\nmay be carried on in or concerning any part of the Park, shall,\nsubject to section 32, be made with the Board.\n(3) An arrangement, agreement or contract referred to in subsection (1)\nshall not be renewed, whether pursuant to an option contained in\nsuch arrangement, agreement or contract or otherwise, otherwise\nthan pursuant to powers given by or under this Act.\n32 Future concessions and leases\nWhere the plan of management so provides, the Board, subject to\nthe Land Rights Act, may instruct the Commission or the\nCorporation to grant an estate or interest or issue a licence in\nrespect of activities on land in the Park in accordance with the plan\nof management and, subject to that Act, the Commission or the\nCorporation, as the case may be, shall grant that estate or interest\nor issue that licence accordingly.\n33 Area to be surrendered from lease for Aboriginal cultural\ncentre\n(1) Notwithstanding any other provision of this Act, the Corporation, on\nreceiving a notice in writing from the Land Council requiring it to do\nso, shall surrender such area of land within the Park as is specified\nin the notice and is reasonably necessary for the purposes of the\nerection or development of an Aboriginal cultural centre.\n(2) An Aboriginal cultural centre to be erected or developed on the area\nreferred to in subsection (1) shall be provided for in, and developed\nand managed in accordance with, the plan of management.\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 23\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nsection 5(1)\nTHE NORTHERN TERRITORY OF AUSTRALIA\nMEMORANDUM OF LEASE\nTABLE OF PROVISIONS\nClause\nRECITALS\nPart I Reservations\n1. Reservation of Right of Entry and Inspection\n2. Reservation of Traditional Rights to Use and Occupy\n3. Reservation of Requirement to Surrender Area for Cultural Centre\nPart II Provisions\n4. Commencement\n5. Term\n6. Financial Arrangements\n7. Rent Review\nPart III Covenants and conditions\n8. Lease Conditional upon Act\n9. Amendment of Act Constitutes Breach\n10. Park to be Managed in Accordance with the Act\n11. Lessee's Covenants\n12. Quiet Enjoyment\n13. Lessee's indemnity\n14. Termination\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 24\n15. Variation\n16. Parties to Negotiate 5 Years Before Expiry\n17. Training and Employment\n18. Funding\n19. Staffing\n20. Research and Information\n21. Disposal of Park Equipment\n22. Developments in the Park\n23. Service of Notices, &c.\n24. Governing Law\n25. Northern Territory of Australia, Conservation Commission and Land\nCouncil agree to be bound\n26. Definitions\nTHE NORTHERN TERRITORY OF AUSTRALIA\nMEMORANDUM OF LEASE\nJAWOYN ABORIGINAL LAND TRUST being A Land Trust established\npursuant to subsection 4(1) of the Land Rights Act (the Lessor)\nBEING the proprietor of an estate in fee simple in ALL THAT piece or parcel\nof land in the Northern Territory of Australia containing an area of A square\nkilometres more or less being Portion B more particularly shown on Compiled\nPlan C and being all that land described in the Deed of Grant in the Register\nBook Volume D, Folio E (the Land)\nAND having received written directions from the Land Council pursuant to the\nprovisions of the Land Rights Act, those written directions having been given\nby the Land Council on its being satisfied that:\nA. the traditional Aboriginal owners of the Land understand the nature and\npurpose of this lease, and as a group, consent to it;\nB. the Aboriginal communities and groups which may be affected by this\nlease have been consulted and have had adequate opportunity to\nexpress their views to the Northern Land Council; and\nC. the terms and conditions of this lease are reasonable.\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 25\nHEREBY GRANTS to the CONSERVATION LAND CORPORATION (the\nLessee) care of Conservation Commission, Baywood Building, Mansfield\nPlace, Palmerston, in the Northern Territory of Australia, a lease of that part of\nthe land being the land described in the annexure to this lease and shown and\ndelineated on the plan forming part of that annexure (the park),\nTO BE HELD by the Lessee for the purpose of the Act and subject to and in\naccordance with the following encumbrances, reservations, provisions,\ncovenants and conditions:\nPart I Reservations\nReservation of Right of Entry and Inspection\n1. The Lessor reserves a right in favour of the Chairman of the Lessor\nor any person authorized in writing by the Land Council, at all\nreasonable times and in any reasonable manner, to enter upon the\npark or any part of it and to inspect the park and any improvements\non the park, subject to such reasonable constraints as may be\ncontained in the plan of management for reasons of safety,\nsecurity, privacy, or protection of the park.\nReservation of Traditional Rights to Use and Occupy\n2. (1) An Aboriginal or group of Aboriginals is entitled to enter upon the\npark to the extent that that entry, occupation or use is in\naccordance with Aboriginal tradition governing the rights of that\nAboriginal or group of Aboriginals with respect to that land, whether\nor not those rights are qualified as to place, time, circumstance,\npurpose, permission or any other factor.\n(2) Without limiting the generality of clause 2(1) the Lessor reserves in\nfavour of relevant Aboriginals and groups of relevant Aboriginals\nthe following rights, which shall operate subject to the directions or\ndecisions of the Board with respect to health, safety or privacy,\n(a) the right to use any area of the park for hunting or food\ngathering (otherwise than for purposes of sale);\n(b) the right to use any area of the park for ceremonial and\nreligious purposes; and\n(c) the right to reside within the park at such locations as may be\nspecified in the plan of management, together with rights of\naccess and residence for their families, employees, staff,\ninvitees and agents.\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 26\nReservation of Requirement to Surrender Area for Cultural Centre\n3. The Lessor reserves the right subject to clause 11(b) to require the\nLessee, upon notice in writing given by the Land Council to the\nLessee, to surrender such area of land within the park as is\nspecified in the notice and is reasonably necessary for the purpose\nof development of an Aboriginal cultural centre.\nPart II Provisions\nCommencement\n4. The lease shall commence on the date on which it is executed.\nTerm\n5. The lease shall be for a term of ninety nine (99) years.\nFinancial Arrangements\n6. (1) The Commission, on behalf of the Lessee, shall pay to the Land\nCouncil on behalf of the Lessor:\n(a) an annual rent of $100,000.00 which amount shall be payable\nin advance; and\n(b) 50% of park revenue which amount shall be payable quarterly\ncalculated by reference to the revenue obtained in respect of\nthe previous 3 months.\n(2) In this clause park revenue includes:\n(a) receipts from any fees or charges, for entering, camping on or\nusing the park, or using the services or facilities provided by or\non behalf of the Board, imposed pursuant to\nsubsection 21(2)(u) of the Act; and\n(b) monies received by the Board, the Lessee or by the\nCommission or by the Northern Territory, pursuant to the grant\nof any estate or interest in the park dependent on the Lessee's\ninterest or pursuant to any licence, concession, permit or other\nauthority granted by the Board, the Lessee or the Commission\nwithin the park.\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 27\nRent Review\n7. (1) The annual rent to be paid under clause 6(a) shall be renegotiated\nin accordance with this clause on the third anniversary of\nthe commencement date and thereafter at three yearly intervals\nduring the term of this lease (the review dates).\n(2) Negotiations for each review referred to in subclause (1) shall be\ncommenced within 3 months before the relevant review date.\n(3) If the Lessor and the Lessee fail to agree upon the annual rent to\nbe paid on and from a review date (the new rent) the disagreement\nwill be referred to arbitration in accordance with the Commercial\nArbitration Act 1985 of the Northern Territory by a person appointed\njointly by the parties, being a person suitably qualified and in a\nposition to deal with the matter impartially.\n(4) Subject to subclause (5), the arbitrator shall determine a new rent\nthat is fair and reasonable and that in the arbitrator's opinion should\nhave been negotiated between the parties in commercial arms\nlength negotiations conducted in good faith and shall take into\naccount all relevant factors including but not limited to:\n(a) movements in the Consumer Price Index for Darwin (all\ngroups) published by the Australian Bureau of Statistics;\n(b) visitation rates and other indicators of park usage; and\n(c) park revenue,\nbut not including capital improvements within the Park or directly\nassociated with the park.\n(5) Notwithstanding anything in this clause:\n(a) a new rent shall be not less than:\n(i) an amount calculated by multiplying the annual rate\npayable at the commencement of this lease (the base\nrental) by the fraction N1/B1 where,\nN1 refers to the Consumer Price Index for Darwin (all\ngroups) published by the Australian Bureau of Statistics\n(the Bureau) in respect of the quarter immediately\npreceding the particular review date; and\nB1 is the Consumer Price Index for Darwin (all groups)\npublished by the Bureau in respect of the quarter\nimmediately proceeding the commencement of the\nlease; or\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 28\n(ii) where there is a change in the basis of assessment of\nthe Consumer Price Index for Darwin (all groups) or if its\ncalculation has been suspended or discontinued, an\namount calculated to provide as nearly as practicable\nthe same adjustments as if the Consumer Price Index\nreferred to in subclause (1) has been continued without\nvariation (Consumer Price Index equivalent) and the\ndetermination shall be final and binding upon the parties;\nand\n(b) the Lessee shall not be entitled to any reduction in rent in the\nevent of a decrease in the Consumer Price Index or\nConsumer Price Index equivalent since the previous review\ndate.\n(6) In the event that a new rent has not been agreed or determined in\naccordance with this clause prior to the date for payment of the new\nrent, the Lessee shall, in the interim, pay on account of rent an\namount equal to the rent paid for the previous year and upon\nagreement or determination of the new rent the Lessee shall\nforthwith pay any adjustment required in relation to the new rent.\nPart III Covenants and conditions\nLease Conditional upon Act\n8. This Lease is conditional upon the commencement of the Act.\nAmendment of Act Constitutes Breach\n9. (1) The Lessor and Lessee agree that the enactment of any\namendment to the Act, or the enactment of any Act or the making of\nany regulations inconsistent with this lease, where such Act is or\nsuch regulations are applicable to the park and substantially\ndetrimental to the interests of the lessor or relevant Aboriginals as\nregards the administration, management or control of the park shall\nbe deemed to be a breach of this lease for which the lease, on one\nhundred and eighty (180) days notice in writing given by the Lessor\nto the Lessee, may be terminated.\n(2) Where a notice is given as provided in clause 9(1) the Lessor and\nrepresentatives of the Land Council, and the Lessee and\nrepresentatives of the Commission shall within the period of notice,\nenter into bona fide negotiations with a view to the grant of a new\nlease.\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 29\n(3) Where, within twenty eight (28) days after the enactment of any Act\nor the making of any regulations as referred to in clause 9(1), a\nnotice is not given as provided in that subclause, then the Lessor,\nrepresentatives of the Land Council and the Lessee shall meet to\ndiscuss whether to vary any provisions of this lease including the\nrent.\nPark to be Managed in Accordance with the Act\n10. (1) The park shall be subject to administration, management and\ncontrol in accordance with the Act and with the plan of management\nthat is and by laws that are from time to time in force in relation to\nthe park pursuant to the Act.\n(2) The Lessee and the Commission, to the extent of their respective\npowers and functions shall use their best endeavours to ensure that\nthe flora, fauna, cultural heritage and natural environment of the\npark shall be preserved, managed and maintained according to the\nbest comparable management practices established for national\nparks anywhere in the world.\nLessee's Covenants\n11. The Lessee and the Commission, to the extent of their respective\npowers and functions, covenant:\n(a) to take all practicable steps to ensure compliance by all\npersons with the Act, regulations under the Act, this lease and\nthe plan of management;\n(b) not to transfer, assign, sublet or part with the possession of\nthe park, or any part of the park without the consent in writing\nof the Lessor and except in accordance with the plan of\nmanagement;\n(c) to pay the Land Council's and the Land Trust's reasonable\ncosts of and incidental to the preparation, execution,\nregistration and stamping of this lease agreed and assessed\nat $30,000.00, and in addition, to pay all registration fees and\nstamp duty payable in connection with this lease;\n(d) to pay all rates and taxes which may at any time become due\nin respect of the park;\n(e) to carry all of the risk as self-insurer in respect of the timely\nreinstatement to full value of any of the improvements in the\npark which may be damaged or destroyed without the consent\nof the Lessor, being improvements existing at the date of the\ncommencement of this lease and such other improvements as\nmay be made, except such improvements in respect of which\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 30\nthere exists a contract of insurance insuring the risk to the\nextent of liability imposed upon the Lessee under\nparagraph (c);\n(f) to carry all of the risk as self-insurer as occupier of the park as\nregards any liability to any third person;\n(g) as far as is practicable, to make good any damage to the park\n(other than improvements) being damage caused by the\nLessee or by the Commission or by their respective servants,\nagents or invitees except where the damage to the park was\noccasioned with the consent of the Lessor or of the Board;\n(h) to comply with all Acts, regulations and other laws otherwise\napplicable to the park;\n(i) to have regard in the performance of their respective functions\nin relation to the park, to such priorities in allocating financial\nand other resources as are provided in the plan of\nmanagement or determined from time to time by the Board;\n(j) to promote and protect the interests of relevant Aboriginals as\na group;\n(k) to promote the protection of sacred sites and other areas and\nthings of significance to relevant Aboriginals;\n(l) to encourage the maintenance of the Aboriginal tradition of\nrelevant Aboriginals;\n(m) to take all practicable steps to promote Aboriginal involvement\nin the administration, management and control of the park;\n(n) subject to the plan of management, to engage as many\nrelevant Aboriginals as is practicable to provide services in\nand in relation to the park;\n(o) to utilize without limiting the generality of the foregoing the\ntraditional skills of Aboriginal individuals and groups in the\nmanagement of the park;\n(p) subject to the plan of management, to encourage Aboriginal\nbusiness and commercial initiatives and enterprises within the\npark;\n(q) to regularly consult and liaise with the Jawoyn Association or\nwith such agents or representatives of the Jawoyn traditional\nAboriginal owners as may be nominated by the Jawoyn\nAssociation, in connection with the control and management\nof the park;\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 31\n(r) to consult with and have regard to the views of the Jawoyn\nAssociation or such agents or representatives of the Jawoyn\ntraditional Aboriginal owners as may be nominated by the\nJawoyn Association in respect of the formulation of any\neducational and interpretive policy in relation to the park;\n(s) as far as practicable and subject to the plan of management,\nto provide such capital equipment and machinery as is\nreasonably required for the adequate maintenance of roads\nand all other facilities and improvements constructed by or on\nbehalf of the Board or the Commission;\n(t) after consultation with and having regard to the views of the\nJawoyn Association and such agents or representatives of the\nJawoyn traditional Aboriginal owners as may be nominated by\nthe Jawoyn Association, and subject to the plan of\nmanagement, to implement a licencing and induction scheme\nfor tour operators and other persons carrying on commercial\nactivities in the park;\n(u) subject to the plan of management and the Act, to use their\nbest endeavours to collect fees or charges, if and when\nimposed for entering and camping on the park, or using the\nservices or facilities provided by or on behalf of the Board and\nto ensure such fees and charges are properly accounted for\non an audited basis;\n(v) subject to the plan of management, to permit an officer or\nofficers of the Land Council to enter and move freely in the\npark for the purpose of performing on behalf of the Land\nCouncil the statutory powers or functions of the Land Council;\nand\n(w) to use their best endeavours to promote among visitors to the\npark and residents of Katherine a knowledge and\nunderstanding of and respect for the traditional languages,\nculture, customs and skills of relevant Aboriginals and to\narrange for appropriate instruction in connection with such\nmatters to be given, to the extent that it is reasonably\npracticable, by Aboriginals engaged for the purpose.\nQuiet Enjoyment\n12. The Lessee paying the rent hereby reserved and observing and\nperforming the covenants on its part and the conditions contained in\nthis lease, subject to this lease, shall during the whole of the term\nquietly enjoy the park without any interruption or disturbance by the\nLessor or any person claiming by, from, under or in trust for the\nLessor.\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 32\nLessee's Indemnity\n13. The Lessee and the Commission shall indemnify the Lessor, its\nservants, agents or invitees (to the extent that the Lessor, its\nservants, agents or invitees is not or are not negligent) against all\nactions and claims whatsoever that may be brought, made or\nprosecuted against the Lessor, its servants, agents or invitees in\nrespect of any action or claim arising out of any action or omission\n(whether negligent or otherwise) of the Lessee, its servants, agents\nor invitees in or in relation to the park.\nTermination\n14. The lease may be terminated:\n(a) in writing at any time with the agreement of both the Lessor\nand the Lessee; or\n(b) pursuant to clause 9,\nbut not otherwise.\nVariation\n15. (1) The Lessor and the Lessee may from time to time by agreement in\nwriting add to, substitute for, cancel or vary any of the provisions of\nthis lease.\n(2) The Lessee shall at least once every five (5) years meet with the\nrepresentatives of the Lessor and the Land Council to review the\nprovisions of the lease excepting the term, and if the Lessor and the\nLessee agree upon any variation of the lease, the Land Council\nshall direct the Lessor to execute any or all documents necessary\nor desirable to give full effect to the variation.\nParties to Negotiate 5 years Before Expiry\n16. The Lessor and the Lessee agree that they will negotiate for the\nrenewal or extension of the term of this lease not later than five (5)\nyears before it expires.\nTraining and Employment\n17. The Lessee and the Commission agree subject to decisions of the\nBoard:\n(a) to implement an Aboriginal training programme the broad\nobjectives of which are agreed with the Jawoyn Association or\nsuch agents or representatives of the Jawoyn traditional\nAboriginal owners as may be nominated by the Jawoyn\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 33\nAssociation, comprising training in skills relevant to the\nadministration, planning, management and control of the park;\n(b) to employ persons in the park in appropriate positions having\nregard to qualifications acquired in participation in the\nAboriginal training programme;\n(c) to employ training officers in the park wherever necessary,\nand to give due consideration in the employment of such\nofficers to suitably qualified Aboriginal persons having regard\nto the objective of the parties to maximize Aboriginal\nemployment in the park;\n(d) to provide appropriate and reasonable resources (including\nstaff, training facilities and accommodation) for Aboriginal\ntrainees;\n(e) in the Aboriginal training programme and in the management\nof the park to emphasise Jawoyn social and cultural values\nand land management practices;\n(f) to take all practicable steps to make provision for traditional\nobligations in determining working hours and conditions;\n(g) to give preference to Aboriginal people, companies and\norganizations when issuing leases, licences, contracts, or\nmaking available casual or temporary employment subject to\nany law in force in the Northern Territory;\n(h) notwithstanding any other paragraph of this clause but subject\nto the Board being satisfied that it is attainable, the\nCommission shall within five (5) years of the commencement\nof this lease employ Aboriginal people in at least 25% of\npositions in the park; and\n(i) to actively seek to achieve that at the earliest practicable\nopportunity during the term of this lease the majority of\npermanent employment positions in the park are held by\nsuitably qualified Aboriginals.\nFunding\n18. (1) Subject to the Act the Commission shall from moneys lawfully\navailable to the Commission pay to the Board such moneys as are\nreasonably required for the administration of the Board and, for the\npayment of any expenses incurred by members of the Board in the\nperformance of their duties (the administrative costs of the\nBoard).\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 34\n(2) This clause does not have operation to the extent that the\nadministrative costs of the Board are met from another source or\nsources, including an appropriation by the Northern Territory.\nStaffing\n19. (1) The Lessee and the Commission will at all times use their best\nendeavours to maintain staff within the park at the level and\ndesignations of staff requirements provided for in the plan of\nmanagement.\n(2) The Lessee and the Commission agree to consult with and have\nregard to the views of the Jawoyn Association, or such agents or\nrepresentatives of the Jawoyn traditional Aboriginal owners as may\nbe nominated by the Jawoyn Association, concerning the\nprocedures for and the selection and appointment of any\npermanent staff where the duties and functions of such staff will\ninvolve substantial involvement with day to day administration,\nmanagement or control of the park and in particular shall include a\nperson nominated by the Jawoyn Association on any selection\npanel appointed in relation to such appointments.\n(3) Notwithstanding clause 19(2) employment of all persons having day\nto day responsibility in the administration and management of the\npark shall be subject to the approval of the Board.\n(4) The Commission agrees to ensure that from time to time (but no\nlater than six (6) months after commencement of duties of any\nmember of the park staff) each member of the park staff involved in\nadministration, planning, management and control of the park\nattends a cross-cultural course the broad objectives of which are\nagreed with the Jawoyn Association or such agents or\nrepresentatives of the Jawoyn traditional Aboriginal owners as may\nbe nominated by the Jawoyn Association.\nResearch and Information\n20. (1) The Lessee and the Commission agree to permit and direct\npersons from time to time chosen by the Commission, after\nconsultation with the Jawoyn Association or such agents or\nrepresentatives of the Jawoyn traditional Aboriginal owners as may\nbe nominated by the Jawoyn Association, being persons employed\nby the Commission or under its authority, to assist the Jawoyn\nAssociation or such agent or representative of the Jawoyn\ntraditional Aboriginal owners as may be nominated by the Jawoyn\nAssociation in respect of any reasonable programme involving the\nidentification and recording of Aboriginal sacred sites within the\npark.\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 35\n(2) The Commission shall provide reasonable equipment and facilities\nfor persons who are in accordance with subclause (1) permitted\nand directed to assist in the identification and recording of\nAboriginal sacred sites within the park.\n(3) The Lessee and the Commission agree to make available to the\nChairman of the Jawoyn Association, or any person authorized in\nwriting by the Jawoyn Association, access to all information relating\nto the park including research reports sponsored, procured or\nsupported by the Lessee or the Commission that is in the\npossession of the Lessee or the Commission other than information\nthat would be privileged from production in litigation and information\nthe disclosure of which would, in the opinion of the Lessee, involve\nan unreasonable invasion of the privacy of an individual.\nDisposal of Park Equipment\n21. (1) Subject to any lawful obligation imposed upon the Lessee by a Law\nof the Northern Territory, if at any time during the term hereof the\nLessee is desirous of disposing of its interest in any property or\nequipment of the Lessee used in the operation of the park, the\nLessee shall give to the Lessor for the benefit of the Lessor, the\nLand Council or its nominee, any relevant Aboriginal association\nand any other incorporated body the membership of which is limited\nto relevant Aboriginals or groups of relevant Aboriginals (in this\nclause referred to as the permitted Aboriginal purchaser) the\nright of the first refusal to purchase the said property or equipment\nor any part thereof subject to the following terms and conditions –\n(a) the Lessee shall give notice in writing to the Land Council of\nthe Lessee's intention to dispose of any such property or\nequipment. The notice shall constitute an offer by the Lessee\nto sell any such property or equipment to a permitted\nAboriginal purchaser for the purchase of the Lessee's interest\ntherein, which consideration shall not impose any more\nonerous obligation or duty upon the permitted Aboriginal\npurchaser or require the permitted Aboriginal purchaser to pay\nany greater pecuniary sum than the Lessee would impose\nupon or require from a purchaser other than a permitted\nAboriginal purchaser;\n(b) within twenty eight (28) days after giving of the notice a\npermitted Aboriginal purchaser may give notice in writing to\nthe Lessee of acceptance or rejection of the Lessee's offer to\nsell;\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 36\n(c) in the event of the giving of a notice of acceptance there shall\nbe deemed to be a binding contract for sale by the Lessee and\npurchase by the permitted Aboriginal purchaser of the\nLessee's interest in the said property or equipment for the\nconsideration stated in the Lessee's notice;\n(d) the purchase price shall be paid within twenty eight (28) days\nfrom the date on which the notice of acceptance is given to the\nLessee or within such other period or upon such terms as may\nbe agreed between the parties to the contract for sale; and\n(e) in the event that a notice of acceptance is not given, the\nLessee shall then be at liberty to sell the said property or\nequipment by private contract to any other person for a sum\nbeing not less than that specified in the notice in writing given\npursuant to clause 21(1)(a) or by public auction.\n(2) In this clause Lessee means the Lessee or the Commission, as the\ncase may be.\nDevelopments in the Park\n22. (1) Subject to decisions of the Board the Lessor and the Lessee agree\nthat the Commission and the Jawoyn Association or such agents or\nrepresentatives of the Jawoyn traditional Aboriginal owners as may\nbe nominated by the Jawoyn Association shall meet from time to\ntime to formulate written policy in respect of environmental\nevaluation of proposed developments in the Park.\n(2) A proposed development shall not take place except in accordance\nwith the policy formulated under this clause.\nService of Notices, &c.\n23. (1) Any notice, request, consent, approval or other communication (in\nthis clause called a communication) to be given under this lease\nshall be in writing addressed as follows:\nIf to the Lessor:\nJawoyn Aboriginal Land Trust\nC/– Northern Land Council\n47 Stuart Highway\nSTUART PARK NT 0820\nTelex: NLC AA85042\nFacsimile: (089) 816-899\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 37\nIf to the Lessee:\nConservation Land Corporation\nC/- Conservation Commission of the N.T.\nP.O. Box 496\nPALMERSTON NT 0831\nTelex: AA81191\nFacsimile:\nIf to the Commission:\nConservation Commission of the N.T.\nBayward Building\nMansfield Place\nPALMERSTON NT 0831\nTelex:\nFacsimile:\nIf to the Northern Territory of Australia:\nMinister for Conservation\nChan Building\nMitchell Street\nDARWIN NT 0800\nTelex: AA85253\nFacsimile:\nIf to the Northern Land Council:\nChairman\nNorthern Land Council\n47 Stuart Highway\nSTUART PARK NT 0820\nTelex: NLC AA85042\nFacsimile: (089) 816-899\nIf to the Board:\nAs notified in writing by the Board,\nIf to the Jawoyn Association:\nAs notified in writing by the Jawoyn Association, or to such other\naddress as the relevant party or body may nominate by notice to\neach other party or body.\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 38\n(2) Each communication shall be delivered by hand, or mailed by pre-\npaid registered post, or sent by telex, telegram or facsimile\ntransmission, to the address of the party or body to which it is being\ngiven and shall be deemed to have given:\n(a) if received before 4.00 pm on a business day – when it is\nreceived; and\n(b) if received at any other time – on the business day next\nfollowing the day of receipt.\nGoverning Law\n24. (1) This lease shall be governed by and construed in accordance with\nthe laws in force in the Northern Territory of Australia.\n(2) The parties agree that, except as provided in clause 7, the\nCommercial Arbitration Act 1985 does not apply to this lease and\nthat this lease (except for clause 7) is not an arbitration agreement\nfor the purposes of that Act.\nNorthern Territory of Australia, Conservation Commission and Land\nCouncil agree to be bound\n25. The Northern Territory of Australia, the Commission and the Land\nCouncil agree to be bound by the terms of this lease.\nDefinitions\n(1) In this lease and in the recitals:\nAboriginal means a person who is a member of the Aboriginal race\nof Australia.\nAboriginal tradition has the same meaning as in the\nLand Rights Act.\nthe Act means the Nitmiluk (Katherine Gorge) National Park\nAct 1989.\nthe Board means the Nitmiluk National Park Board established by\nsection 9 of the Act.\nCommission means the Conservation Commission of the Northern\nTerritory established by the Conservation Commission Act 1980.\nJawoyn Association means the Jawoyn Association Aboriginal\nCorporation.\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 39\nLand Council means the Northern Land Council, or if the\nboundaries of the Northern Land Council are varied so as to\nexclude the park from its area, then the Land Council for the area of\nthe park established under the Land Rights Act.\nLand Rights Act means the Aboriginal Land Rights (Northern\nTerritory) Act 1976 of the Commonwealth.\nLand Trust means an Aboriginal Land Trust constituted under\nsection 4 of the Land Rights Act.\nperson includes a body corporate and any other entity recognized\nby law.\nplan of management means the plan of management for the park\nprepared in accordance with the Act as in force from time to time.\nrelevant Aboriginals means all the traditional Aboriginal owners of\nthe park and the Aboriginals entitled to enter upon or use or occupy\nthe park in accordance with Aboriginal tradition governing the rights\nof that Aboriginal or group of Aboriginals with respect to the park\nwhether or not those rights are qualified as to place, time,\ncircumstances, purpose, permission or any other factor and the\nAboriginals permitted by them to reside in the park.\nrelevant Aboriginal Association means the Jawoyn Association\nand any other incorporated Aboriginal Association or group whose\nmembers are relevant Aboriginals.\nsacred sites has the same meaning as in the Land Rights Act. and\ntraditional Aboriginal owner has the same meaning as in the\nLand Rights Act.\n(2) Unless the contrary intention appears this lease shall be interpreted\nin accordance with the provisions of the Interpretation Act 1978 of\nthe Northern Territory where applicable, as if this lease were an\nAct.\nMEMORANDUM OF ENCUMBRANCES\nNil.\nIN WITNESS the parties have executed this lease on this day\nof 1989.\nThe CONSERVATION LAND CORPORATION accepts this lease subject to\nthe reservations, provisions, covenants and conditions set out above.\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 40\nThe Common Seal of the )\nCONSERVATION LAND CORPORATION )\nwas affixed by authority of a )\nresolution of the Corporation in )\nthe presence of: )\n....................………………………….\n....................………………………….\nThe Common Seal of the JAWOYN )\nABORIGINAL LAND TRUST was )\naffixed to this lease by the )\nauthority of the Chairman and )\n2 members of the JAWOYN )\nABORIGINAL LAND TRUST in the )\npresence of: )\n....................………………………..\nChairman\n....................……………………….\nMember\n....................………………………\nMember\n....................………………………\nThe Common Seal of the )\nNORTHERN LAND COUNCIL was )\naffixed to this lease by the )\nauthority of a resolution of )\nthe Land Council in the )\npresence of: )\n...................……………………..\nChairman\n..................……………………..\nMember\n.........……………………...........\nMember\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 41\nThe Common Seal of the )\nCONSERVATION COMMISSION was )\naffixed to this lease by )\nauthority of a resolution of )\nthe Commission in the )\npresence of: )\n...…………………....................\nSIGNED, SEALED AND DELIVERED this day of 1989\nby the Minister for Conservation, in witness of the agreement of the Northern\nTerritory of Australia to be bound by this lease.\n...…………………..................….\nMinister for Conservation\nThe Common Seal of )\nthe JAWOYN ASSOCIATION )\nABORIGINAL CORPORATION was )\naffixed to this lease by )\nauthority of a resolution )\nof the Association in the )\npresence of: )\n...…………………....................\n...…………………....................\nAnnexure\nALL THOSE parcels of land around Katherine Gorge National Park in the\nNorthern Territory of Australia\nFIRSTLY commencing at the southwestern corner of Northern Territory\nPortion 3470; thence easterly by the southern boundary of that Portion to the\nwestern boundary of Pastoral Lease 705 (Eva Valley); thence southerly,\nwesterly, generally southerly and easterly by western, northern, western and\nsoutherly boundaries of that Pastoral Lease to its intersection with the\nmeridian of East Longitude 132 degrees 46 minutes 50 seconds; thence south\nto the parallel of South Latitude 14 degrees 22 minutes 40 seconds; thence\nsouthwesterly to the intersection of the meridian of East Longitude 132\ndegrees 45 minutes 45 seconds with the parallel of South Latitude 14 degrees\n24 minutes 20 seconds; thence west to meridian of East Longitude 132\ndegrees 34 minutes 15 seconds; thence south to the parallel of South Latitude\n14 degrees 25 minutes; thence west to the meridian of East Longitude 132\ndegrees 30 minutes; thence north to the parallel of South Latitude 14 degrees\n24 minutes; thence northwesterly to the intersection of the parallel of South\nLatitude 14 degrees 23 minutes 30 seconds with the meridian of East\nLongitude 132 degrees 29 minutes 30 seconds; thence north to a southern\nboundary of Northern Territory Portion 781 (Katherine Gorge National Park);\n\nSchedule 1 Nitmiluk (Katherine Gorge) National Park Lease\nNitmiluk (Katherine Gorge) National Park Act 1989 42\nthence westerly and northwesterly by southern and southwestern boundaries\nof that Portion to its intersection with the right bank of the Katherine River;\nthence generally southerly and westerly by that right bank to its intersection\nwith the meridian of East Longitude 132 degrees 23 minutes; thence north to\nthe parallel of South Latitude 14 degrees 15 minutes; thence westerly to the\nintersection of the meridian of East Longitude 132 degrees 15 minutes with\nthe parallel of South Latitude 14 degrees 13 minutes 40 seconds; thence west\nto an eastern boundary of Northern Territory Portion 3469; thence northerly\nand northeasterly by eastern and southeastern boundaries of that Portion to\nthe point of commencement.\n(See hard copy for plan of annexure)\n\nSchedule 2\nNitmiluk (Katherine Gorge) National Park Act 1989 43\nSchedule 2\nSection 31\nArrangements with the Commission in force immediately before the\ncommencement of the lease\n1. Nature of Concession: Helicopter joy flights\nDate entered into: 23 March 1989\nDate of expiry: 31 December 1989\nConcessionaire: Lynakirst Pty. Ltd.\n2. Nature of Concession: Canoe hire\nDate entered into: 30 March 1989\nDate of expiry: 31 December 1989\nConcessionaire: Kookaburra Canoe Hire Pty. Ltd.\n3. Nature of Concession: Launch tour\nDate entered into: 14 March 1989\nDate of expiry: 31 December 1989\nConcessionaire: March Motors Tours Pty. Ltd.\n4. Nature of Concession: Launch tour\nDate entered into: 14 March 1989\nDate of expiry: 31 December 1989\nConcessionaire: Gorge Caravan Park Pty. Ltd.\n5. Nature of Concession: Takeaway food operation\nDate entered into: 1 April 1989\nDate of expiry: 31 December 1989\nConcessionaire: R and H Gillespie\n\nENDNOTES\nNitmiluk (Katherine Gorge) National Park Act 1989 44\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\nNitmiluk (Katherine Gorge) National Park Act 1989 (Act No. 33, 1989)\nAssent date 4 July 1989\nCommenced 1 August 1989 (Gaz S38, 1 August 1989)\nNitmiluk (Katherine Gorge) National Park Amendment Act 1993 (Act No. 87, 1993)\nAssent date 31 December 1993\nCommenced 31 December 1993\nPlanning (Consequential Amendments) Act 1993 (Act No. 86, 1993)\nAssent date 31 December 1993\nCommenced 18 April 1994 (s 2, s 2 Planning Act 1993 (Act No. 85, 1993)\nAnd Gaz S28, 18 April 1994)\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 Act 1992 (Act\nNo. 4, 1995) 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)\nNitmiluk (Katherine Gorge) National Park Amendment Act 1999 (Act No. 64, 1999)\nAssent date 14 December 1999\nCommenced 7 June 2000 (Gaz G22, 7 June 2000, p 2)\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)\n\nENDNOTES\nNitmiluk (Katherine Gorge) National Park Act 1989 45\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\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 7 Nitmiluk (Katherine Gorge) National Park Amendment Act 1999 (Act\nNo. 64, 1999)\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, 5, 7, 10, 23, 26 and 30\nand sch 1.\n5 LIST OF AMENDMENTS\nlt amd No. 64, 1999, s 4\ns 3 amd No. 46, 1995, s 3; No. 44, 2005, s 29\ns 5 amd No. 86, 1993, s 3\ns 7 sub No. 87, 1993, s 2\namd No. 45, 2000, s 11\ns 10 amd No. 64, 1999, s 5; No. 44, 2005, s 29\ns 16 amd No. 64, 1999, s 6\ns 25 amd No. 44, 2005, s 29; No. 23, 2013, s 18\ns 26 sub No. 5, 1995, s 19","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown beyond a simple park‑creation statute into a detailed, bespoke governance and commercial regime. The original purpose — recognise traditional owner rights and establish a national park — remains central, but subsequent amendments and the detailed lease (Schedule 1) added substantial new material: expanded and more prescriptive Board composition and nomination categories, explicit revenue‑sharing and CPI‑linked rent review, detailed employment and training obligations, first‑refusal and preferential purchasing arrangements, and tighter financial reporting and audit links to Territory frameworks (see Schedule 1 cl.6–7, cl.17–21; ss.10, 26–28). Those additions increase regulatory and contractual complexity, create ongoing fiscal flows to the Land Council, and formalise Aboriginal economic participation and control mechanisms beyond what a short enabling Act would typically contain."},"complexity_factors":["Comprehensive interpretation section with multiple cross‑definitions (s.3)","Extensive cross‑references to other legislation (Land Rights Act, Territory Parks Act, Land Title Act, Financial Management Act, Parks and Wildlife Commission Act)","Large Board composition rules with varied nomination sources and eligibility limits (s.10)","Multiple procedural steps and exceptions for meetings, quorums, delegation and proxy voting (s.14)","Detailed plan‑of‑management process with public consultation, tabling, Assembly disallowance and multi‑stage dispute resolution including panels/Aboriginal Land Commissioner (ss.20–21)","By‑laws authorisation covering a very wide set of regulatory topics plus alternative penalties and evidence presumptions (s.25)","Lease in Schedule 1 is long and substantively detailed (99‑yr term, rent, 50% revenue share, CPI rent review, arbitration, employment/training obligations)","Financial governance links Board, Commission and Auditor obligations, with Ministerial control over administrative budgets (ss.26–28)","Reserved Aboriginal rights in the lease with limited exceptions and a power to surrender land for a cultural centre — overlapping rights/regimes (Schedule 1 cl.2–3)","Constraints on commercial freedom: first right of refusal, limits on assignment/subletting and concession renewal procedures (Schedule 1 cl.11, cl.21; ss.31–32)","Ministerial/Chief Minister directions allowed but expressly limited in scope, adding conditional executive oversight (s.19)","Several conditional and nested processes (e.g. by‑law limits for traditional owners, exceptions where species are endangered — s.25(3)–(4))","Alternative enforcement pathways (Board/Chairman/Director approval required to commence prosecution — s.25(10))","Multiple amendment and amendment‑triggered processes over time (Endnotes show several amending Acts)","High administrative content: reporting, audit, accountable officer nomination and Financial Management Act application (s.26)"],"plain_english_summary":"The Act creates Nitmiluk (Katherine Gorge) National Park by establishing a 99‑year lease over Jawoyn land, protecting traditional Aboriginal rights to use and occupy the Park while subjecting those rights to a statutory plan of management. It establishes a 13‑member Board (with Jawoyn nominations) to set the plan and by‑laws, and gives the Parks and Wildlife Commission operational duties under Board direction.\n\nFinancially, the lease fixes rent and a 50% share of park revenue to the Land Council; commercial operators and the Commission must follow Board licensing, by‑laws and Aboriginal participation requirements."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing the Nitmiluk National Park with joint management between the Jawoyn traditional owners and the Northern Territory Government. While amendments have updated references to other Acts (such as the Land Title Act 2000 and Financial Management Act 1995) and refined Board composition, the core scope of land tenure, lease arrangements, revenue sharing, and co-management has not significantly expanded beyond the 1989 original intent."},"complexity_factors":["Multiple overlapping legal instruments: the Act itself, the 99-year lease (Schedule 1), the plan of management, and by-laws all interact","17 defined terms in section 3, many referencing other Acts (Land Rights Act, Territory Parks Act, Parks and Wildlife Commission Act)","Complex governance structure: 13-member Board with specific nomination rules, quorum requirements (7 members including 4 traditional owners), and proxy voting provisions","Nested conditions for plan of management approval: Board prepares → public consultation → Jawoyn Association consent → Minister tables → Legislative Assembly disallowance process → potential arbitration after two rejections","Cross-references to at least 6 other Acts: Aboriginal Land Rights (NT) Act 1976 (Cth), Territory Parks and Wildlife Conservation Act 1976, Parks and Wildlife Commission Act 1980, Planning Act 1999, Land Title Act 2000, Financial Management Act 1995","Detailed financial arrangements in the lease: CPI-indexed rent reviews, revenue sharing calculations, arbitration clauses","Exceptions to exceptions in by-law making power: general by-law power → specific list of topics → exemption for traditional owners → exception to exemption for endangered species protection","Transitional provisions preserving pre-existing concessions and contracts (Schedule 2)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates **Nitmiluk (Katherine Gorge) National Park** in the Northern Territory and establishes a unique co-management arrangement between the **Jawoyn Aboriginal people** (the traditional owners) and the Northern Territory Government.\n\n**Key points:**\n\n*   **Land ownership and lease:** The land is granted to the **Jawoyn Aboriginal Land Trust** under Commonwealth Aboriginal land rights law, then leased back to the Northern Territory's Conservation Land Corporation for **99 years**. This means the traditional owners keep ownership while allowing the government to manage the park.\n*   **Joint management:** A **Nitmiluk National Park Board** is established with **13 members** — **8 must be traditional Aboriginal owners** nominated by the Jawoyn Association, plus government staff and a local Katherine representative. The Board prepares **plans of management** for the park.\n*   **Protection of Aboriginal rights:** Traditional Aboriginal owners and other Aboriginal people entitled by tradition have a **permanent right to use and occupy** the park for hunting, gathering, ceremonies, and residence (subject to health and safety). The Board must protect sacred sites and Aboriginal cultural values.\n*   **Revenue sharing:** The government pays **$100,000 annual rent** (indexed to inflation) plus **50% of park revenue** to the Land Council for the benefit of traditional owners.\n*   **Employment and training:** The lease requires active programs to train and employ Aboriginal people in park management, with targets for Aboriginal employment.\n*   **By-laws and enforcement:** The Board can make by-laws controlling visitor access, camping, fishing, alcohol, vehicles, and fees — but these cannot restrict traditional Aboriginal owners' rights unless species are endangered.\n*   **Dispute resolution:** If the Legislative Assembly rejects a management plan twice, an independent arbitrator or panel helps resolve the dispute.\n\n**Who it affects:**\n\n*   **Jawoyn traditional owners** — secures their land rights, income, and role in management\n*   **Visitors and tourists** — must follow park rules and pay fees\n*   **Tour operators** — need licenses and must comply with the plan of management\n*   **Northern Territory Government** — manages day-to-day operations through the Parks and Wildlife Commission but must follow the Board's directions\n\n**Why it matters:**\n\nThis was a **landmark agreement** (finalised in 1989) that gave Aboriginal traditional owners real power over a major national park, not just consultation. It became a model for other joint management agreements across Australia, balancing conservation, tourism, and Aboriginal cultural rights."}},"importantCases":[],"_links":{"self":"/api/acts/nitmiluk-katherine-gorge-national-park-act-1989","history":"/api/acts/nitmiluk-katherine-gorge-national-park-act-1989/history","analysis":"/api/acts/nitmiluk-katherine-gorge-national-park-act-1989/analysis","conflicts":"/api/acts/nitmiluk-katherine-gorge-national-park-act-1989/conflicts","importantCases":"/api/acts/nitmiluk-katherine-gorge-national-park-act-1989/important-cases","documents":"/api/acts/nitmiluk-katherine-gorge-national-park-act-1989/documents"}}