{"id":"parks-and-reserves-framework-for-the-future-act-2003","name":"Parks and Reserves (Framework for the Future) Act 2003","slug":"parks-and-reserves-framework-for-the-future-act-2003","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30459,"registerId":"nt-parks-and-reserves-framework-for-the-future-act-2003-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parks and Reserves (Framework for the Future) Act 2003","content":"NORTHERN TERRITORY OF AUSTRALIA\nPARKS AND RESERVES (FRAMEWORK FOR THE FUTURE) ACT 2003\nAs in force at 31 May 2005\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Purpose ........................................................................................... 1\n4 Definitions ........................................................................................ 2\n5 Act binds Crown .............................................................................. 3\n6 Relationship with other laws ............................................................ 3\n7 Responsible Minister ....................................................................... 3\nPart 2 Framework\n8 Chief Minister authorised to do certain things .................................. 3\n9 Park freehold title............................................................................. 4\n10 Conditions to which exercise of Chief Minister's authority is\nsubject ............................................................................................. 6\n11 Exercise of power not impeachable for informality or\nirregularity ........................................................................................ 8\n12 Creation of reservations from occupation ........................................ 8\n13 Power to amend Schedule 1, 2, 3 or 5 to omit parks, reserves\nor Aboriginal land............................................................................. 9\n14 Power to amend Schedule 1, 2 or 3 to excise or include\ncommunity living areas .................................................................... 9\n15 Development provisions for park freehold land.............................. 10\n16 Sunset provision ............................................................................ 11\nPart 3 Miscellaneous\n17 Regulations.................................................................................... 11\nSchedule 1 Parks and reserves to be included in\nSchedule 1 to ALRA\nSchedule 2 Parks and reserves over which park\nfreehold title is to be granted\nSchedule 3 Other parks and reserves for which joint\nmanagement agreements are to be entered\ninto\n\nParks and Reserves (Framework for the Future) Act 2003 ii\nSchedule 4 Principles for lease of parks and reserves\nto Territory\nSchedule 5 Aboriginal land to be included in parks and\nreserves\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 31 May 2005\n____________________\nPARKS AND RESERVES (FRAMEWORK FOR THE FUTURE) ACT 2003\nAn Act to provide a framework for negotiations between the Territory\nand the traditional Aboriginal owners of certain parks and reserves for\nthe establishment, maintenance and management of a comprehensive\nsystem of parks and reserves, and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Parks and Reserves (Framework for\nthe Future) Act 2003.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Purpose\n(1) The purpose of this Act is to provide a framework for negotiations\nbetween the Territory and the traditional Aboriginal owners of\ncertain parks and reserves for the establishment, maintenance and\nmanagement of a comprehensive system of parks and reserves.\n(2) A comprehensive system of parks and reserves is one that:\n(a) is developed in partnership between the Territory and the\ntraditional Aboriginal owners of the parks and reserves;\n(b) benefits those traditional Aboriginal owners by recognising,\nvaluing and incorporating indigenous culture, knowledge and\ndecision making processes;\n(c) protects biological diversity;\n(d) serves the educational and recreational needs of Territorians\nand visitors to the Territory; and\n(e) enjoys widespread community support.\n\nPart 1 Preliminary\nParks and Reserves (Framework for the Future) Act 2003 2\n4 Definitions\n(1) In this Act, unless the contrary intention appears:\nAboriginal land has the same meaning as in ALRA.\nAboriginal Land Trust means an Aboriginal Land Trust\nestablished under ALRA.\nALRA means the Aboriginal Land Rights (Northern Territory)\nAct 1976 of the Commonwealth.\nindigenous land use agreement has the same meaning as in the\nNTA.\ninfrastructure facility has the same meaning as in the NTA.\njoint management agreement, for a park or reserve, means an\nagreement between the Territory and the traditional Aboriginal\nowners of the park or reserve about the management of the park or\nreserve.\nLand Council has the same meaning as in ALRA.\nmining interest means an exploration licence, exploration retention\nlicence or mining tenement within the meaning of the Mining\nAct 1982.\nnative title rights and interests has the same meaning as in the\nNTA.\nNTA means the Native Title Act 1993 of the Commonwealth.\npark means:\n(a) a park declared, or purportedly declared, under section 12 of\nthe Territory Parks and Wildlife Conservation Act 1976; or\n(b) an area of land proposed to be declared as a park under\nsection 12 of the Territory Parks and Wildlife Conservation\nAct 1976.\npark freehold land means land over which park freehold title is\ngranted.\npark freehold title has the meaning in section 9.\nPark Land Trust means a Park Land Trust established under\nsection 9(3).\n\nPart 2 Framework\nParks and Reserves (Framework for the Future) Act 2003 3\nPlanning Minister means the Minister for the time being\nadministering the Planning Act 1999.\nreserve means:\n(a) a reserve declared, or purportedly declared, under section 12\nof the Territory Parks and Wildlife Conservation Act 1976; or\n(b) an area of land proposed to be declared as a reserve under\nsection 12 of the Territory Parks and Wildlife Conservation\nAct 1976.\ntraditional Aboriginal owners has the same meaning as in ALRA.\n(2) In this Act, a reference to the traditional Aboriginal owners of a park\nor reserve includes a reference to the traditional Aboriginal owners\nof part of the park or reserve.\n5 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n6 Relationship with other laws\n(1) This Act applies despite any other law of the Territory.\n(2) This Act must be read and construed in a manner consistent with\nALRA and the NTA.\n7 Responsible Minister\nThe Chief Minister is responsible for the administration of this Act.\nPart 2 Framework\n8 Chief Minister authorised to do certain things\nSubject to section 10, the Chief Minister is authorised to do the\nfollowing things:\n(a) request the Commonwealth Minister responsible for the\nadministration of ALRA to use his or her best endeavours to\neffect an amendment of Schedule 1 to ALRA to include in that\nSchedule the parks and reserves specified in Schedule 1;\n\nPart 2 Framework\nParks and Reserves (Framework for the Future) Act 2003 4\n(b) grant, under sections 9(1) and 10(1) and (2) of the Crown\nLands Act 1992 as applied by section 9(9) of this Act, park\nfreehold title over the parks and reserves specified in\nSchedule 2;\n(c) execute, on behalf of the Territory, a lease to the Territory of\neach of the parks and reserves specified in Schedules 1\nand 2;\n(d) execute, on behalf of the Territory, a joint management\nagreement for each of the parks and reserves specified in\nSchedules 1, 2 and 3;\n(e) execute, on behalf of the Territory, one or more indigenous\nland use agreements to enable the things referred to in\nparagraphs (b), (c) and (d) to be done;\n(f) any other thing necessary or convenient to be done to enable\nthe things referred to in paragraphs (a) to (e) (inclusive) to be\ndone.\n9 Park freehold title\n(1) Park freehold title is an estate in fee simple granted over land that\nis a park or reserve.\n(2) The following applies in relation to the estate in fee simple:\n(a) the estate can only be granted to a Park Land Trust in trust for\nthe benefit of Aboriginals entitled by Aboriginal tradition to the\nuse or occupation of the land, whether or not the traditional\nentitlement is qualified as to place, time, circumstance,\npurpose or permission;\n(b) the estate is granted subject to any native title rights and\ninterests in the land but free of all other estates and interests\nin that land;\n(c) the estate cannot be sold and can only be transferred to\nanother Park Land Trust in trust for the benefit of the\nAboriginals referred to in paragraph (a);\n(d) the estate cannot be mortgaged or otherwise encumbered;\n(e) subject to the joint management agreement for the park or\nreserve, the estate can be leased or sub-leased and the\nresulting leasehold or sub-leasehold interest can be\nmortgaged;\n\nPart 2 Framework\nParks and Reserves (Framework for the Future) Act 2003 5\n(f) the estate may, with the agreement of the Territory, be\nsurrendered (in whole or in part) to the Territory:\n(i) so that the whole or part of the land can be used by the\nTerritory otherwise than as a park or reserve; or\n(ii) to facilitate the grant of the whole or part of the land to\nthe traditional Aboriginal owners of the land so it can be\nused by those traditional Aboriginal owners for a\nspecified purpose;\n(g) the estate can only be compulsorily acquired under the Lands\nAcquisition Act 1978 for a public purpose that:\n(i) will confer a right or interest on the Territory; or\n(ii) is an infrastructure facility;\n(h) if the estate is compulsorily acquired under the Lands\nAcquisition Act 1978, the compensation payable for the\nacquisition is to be determined as if the estate is an estate in\nfee simple free of the restrictions and conditions specified in\nparagraphs (a) to (g) (inclusive).\n(3) The Chief Minister may, by notice in the Gazette, establish a body\ncorporate (to be known as a Park Land Trust), subject to the\nconditions (if any) specified in the notice, for the purpose of holding\npark freehold title in trust for the benefit of Aboriginals entitled by\nAboriginal tradition to the use or occupation of the land over which\nthe park freehold title is granted, whether or not the traditional\nentitlement is qualified as to place, time, circumstance, purpose or\npermission.\n(4) A Park Land Trust:\n(a) is a body corporate with perpetual succession;\n(b) must have a common seal; and\n(c) is capable, in its corporate name, of suing and being sued.\n(5) All courts, judges and persons acting judicially must take judicial\nnotice of the common seal of a Park Land Trust and must presume\nit was duly affixed.\n(6) A Park Land Trust has the following functions:\n(a) to hold park freehold title;\n\nPart 2 Framework\nParks and Reserves (Framework for the Future) Act 2003 6\n(b) to enter into agreements relating to the park freehold title held\nby the Trust.\n(7) A Park Land Trust has the powers that are necessary or convenient\nfor the performance of its functions.\n(8) The Regulations may provide for:\n(a) the membership of a Park Land Trust;\n(b) the procedures of a Park Land Trust; or\n(c) any other matter relating to the administration of a Park Land\nTrust.\n(8A) Despite subsections (4), (6) and (7), the Regulations may limit the\npowers of a Park Land Trust.\n(9) Sections 9(1) and 10(1) and (2) of the Crown Lands Act 1992 apply\nin relation to the grant of park freehold title as if:\n(a) a reference to the Minister were a reference to the Chief\nMinister;\n(b) a reference to an estate in fee simple were a reference to park\nfreehold title; and\n(c) a reference to a person who has a right to be granted an\nestate in fee simple were a reference to a Park Land Trust to\nwhich park freehold title is to be granted,\nbut this subsection does not require compliance with any other\nprovision of the Crown Lands Act 1992 before park freehold title is\ngranted.\n10 Conditions to which exercise of Chief Minister's authority is\nsubject\n(1) The Chief Minister is only authorised to do the things specified in\nsection 8 if the following conditions are complied with on or before\nthe date prescribed by section 16(1):\n(a) the applicants in the applications referred to in section 50(1)(a)\nof ALRA relating to the parks and reserves specified in\nSchedules 2 and 3 have agreed to withdraw their applications;\n\nPart 2 Framework\nParks and Reserves (Framework for the Future) Act 2003 7\n(b) one or more indigenous land use agreements or other legally\nenforceable agreements have been executed in respect of the\nparks and reserves specified in Schedules 1, 2 and 3:\n(i) dealing with compensation for the effect of the\ndeclaration or purported declaration and use of those\nparks and reserves on native title rights and interests;\nand\n(ii) facilitating future development in those parks and\nreserves;\n(c) the terms of the leases referred to in section 8(c) have been\nagreed between the parties and are in accordance with the\nprinciples set out in Schedule 4;\n(d) subject to subsection (2), the terms of the joint management\nagreements referred to in section 8(d) have been agreed\nbetween the parties;\n(e) the terms of the indigenous land use agreements referred to in\nsection 8(e) have been agreed between the parties, are in\naccordance with the principles set out in Schedule 4, and are\nconsistent with the terms of the relevant joint management\nagreements referred to in paragraph (d);\n(f) each Aboriginal Land Trust holding an area of Aboriginal land\nspecified in Schedule 5, which is land adjoining one or more\nparks and reserves specified in Schedule 1, have agreed:\n(i) to lease that area of Aboriginal land to the Territory for\ninclusion in the parks and reserves it adjoins on terms\nthat are in accordance with the principles set out in\nSchedule 4; and\n(ii) that, when that area of Aboriginal land is included in\nthose parks and reserves, it will be subject to the\nrelevant joint management agreements referred to in\nparagraph (d).\n(2) Each of the joint management agreements referred to in\nsubsection (1)(d) must specify that Territorians and visitors to the\nTerritory are permitted to enter the park or reserve to which the\nagreement relates without payment of an entry fee.\n(3) This Act does not require any 2 or more of the indigenous land use\nagreements, leases, joint management agreements or other legally\nenforceable agreements referred to in subsection (1) to be in the\nsame terms.\n\nPart 2 Framework\nParks and Reserves (Framework for the Future) Act 2003 8\n11 Exercise of power not impeachable for informality or\nirregularity\nThe exercise by the Chief Minister of a power under section 8 is not\nto be impeached because of an informality or irregularity in the\ncompliance with any of the conditions specified in section 10(1)\nexcept on the ground that the exercise of the power was not in\ngood faith.\n12 Creation of reservations from occupation\n(1) The parks and reserves specified in Schedules 1, 2 and 3 are taken\nto be reserved from occupation under section 178 of the Mining\nAct 1982 as if the requirements of that Act relating to reserving\nthose parks and reserves from occupation had been complied with\nand that Act applies in relation to those reservations accordingly.\n(2) Subsection (1) does not apply to any land within a park or reserve\nspecified in Schedule 1, 2, or 3 that:\n(a) immediately before 19 September 2003, was the subject of an\napplication for a mining interest; or\n(b) immediately before the day on which this Act commenced,\nwas occupied by a mining interest.\n(3) If:\n(a) all applications for mining interests relating to an area of land\nreferred to in subsection (2)(a) have been refused; or\n(b) an area of land referred to in subsection (2)(b) ceases to be\noccupied by a mining interest,\nthe area of land is taken to be reserved from occupation under\nsection 178 of the Mining Act 1982 as if the requirements of that Act\nrelating to reserving that land from occupation had been complied\nwith and that Act applies in relation to those reservations\naccordingly.\n(4) As soon as practicable after the conditions specified in\nsection 10(1) have been complied with, the Chief Minister must, by\nnotice in the Gazette, revoke the reservations from occupation\ncreated by this section, which revocation takes effect as if the\nrequirements of the Mining Act 1982 relating to revoking such\nreservations had been complied with.\n\nPart 2 Framework\nParks and Reserves (Framework for the Future) Act 2003 9\n13 Power to amend Schedule 1, 2, 3 or 5 to omit parks, reserves\nor Aboriginal land\n(1) Subject to this section, the Chief Minister may, by notice in the\nGazette, amend:\n(a) Schedule 1, 2 or 3 to omit a park or reserve from that\nSchedule; or\n(b) Schedule 5 to omit an area of Aboriginal land from that\nSchedule.\n(2) The power under subsection (1) must not be exercised unless:\n(a) the Land Council for the part of the Territory in which the park,\nreserve or area of Aboriginal land is located advises the Chief\nMinister in writing at least 6 weeks before 31 July 2004 that, in\nthe Land Council's opinion, the traditional Aboriginal owners of\nthe park, reserve or area of Aboriginal land (as the case may\nbe) will not comply with the conditions specified in\nsection 10(1); and\n(b) the Chief Minister is satisfied that the omission of the park,\nreserve or area of Aboriginal land will not defeat the purpose\nof this Act.\n(3) The power under subsection (1) may only be exercised on one\noccasion in respect of a schedule but, on that occasion, one or\nmore parks, reserves or areas of Aboriginal land may be omitted\nfrom the schedule.\n(4) The power under subsection (1) may only be exercised on or before\n31 July 2004.\n14 Power to amend Schedule 1, 2 or 3 to excise or include\ncommunity living areas\n(1) The Chief Minister may, by notice in the Gazette, amend\nSchedule 1, 2 or 3 to:\n(a) excise from a park or reserve an area of land to be the subject\nof a grant under section 46(1A) of the Lands Acquisition\nAct 1978 for the purposes of an Aboriginal community living\narea; or\n(b) include in a park or reserve an area of land that is the subject\nof a grant under section 46(1A) of the Lands Acquisition\nAct 1978 for the purposes of an Aboriginal community living\narea.\n\nPart 2 Framework\nParks and Reserves (Framework for the Future) Act 2003 10\n(2) The power under subsection (1) may only be exercised in respect\nof a park or reserve with the agreement of the Land Council for the\npart of the Territory in which the park or reserve is located.\n15 Development provisions for park freehold land\n(1) The Planning Scheme under the Planning Act 1999 is taken to\ninclude development provisions applying to park freehold land and,\nsubject to this section, the Planning Act 1999 (except Part 6)\napplies accordingly.\n(2) The Planning Minister is the consent authority for park freehold\nland.\n(3) The development provisions under subsection (1) allow the use and\ndevelopment of park freehold land for any of the following purposes\nwithout the consent of the consent authority:\n(a) a park or reserve;\n(b) commercial activities that are consistent with the use as a park\nor reserve;\n(c) an Aboriginal community living area.\n(4) The development provisions under subsection (1) allow any other\nuse or development of park freehold land only with the consent of\nthe consent authority.\n(5) Part 5, Division 2 of the Planning Act 1999 does not apply in\nrelation to a development application in respect of park freehold\nland unless the Planning Minister determines that, in the\ncircumstances of the particular application, it is appropriate for that\nDivision to apply.\n(6) Despite any development provisions in force under the Planning\nAct 1999 immediately before the commencement of this section,\nthe use of park freehold land for a purpose specified in\nsubsection (3) is taken to be an existing use of park freehold land\nunder Part 4 of the Planning Act 1999.\n(7) An amendment of Schedule 2 under section 13 or 14 does not\ncreate, or have the effect of creating, a subdivision within the\nmeaning of the Planning Act 1999.\n(8) The development provisions under subsection (1) prevail over any\nother development or other provision under the Planning Scheme\nor a provision of the Planning Act 1999, whether the provision was\nin force before or after the commencement of this section.\n\nPart 3 Miscellaneous\nParks and Reserves (Framework for the Future) Act 2003 11\n16 Sunset provision\n(1) The date prescribed for section 10(1) is 2 February 2005.\n(4) If the conditions specified in section 10(1) are not complied with on\nor before the date prescribed by or under subsection (1), on the day\nafter that date, the Chief Minister must publish in the Gazette a\nnotice stating that:\n(a) the conditions specified in section 10(1) have not been\ncomplied with; and\n(b) as a consequence:\n(i) this Act expires; and\n(ii) the reservations from occupation created by section 12\nare taken to be revoked as if the requirements of the\nMining Act 1982 relating to revoking such reservations\nhad been complied with.\n(5) A notice under subsection (4) has effect according to its tenor.\nPart 3 Miscellaneous\n17 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n\nSchedule 1 Parks and reserves to be included in Schedule 1 to ALRA\nParks and Reserves (Framework for the Future) Act 2003 12\nSchedule 1 Parks and reserves to be included in\nSchedule 1 to ALRA\nsections 8, 10, 12, 13 and 14\nArltunga Historical Reserve\nChamber's Pillar Historical Reserve\nCorroboree Rock Conservation Reserve\nDavenport Range National Park (proposed)\nDevils Marbles Conservation Reserve\nEmily and Jessie Gaps Nature Park (including the Heavitree Range\nextension)\nEwaninga Rock Carvings Conservation Reserve\nFinke Gorge National Park\nGregory National Park\nGregory's Tree Historical Reserve\nN'Dhala Gorge Nature Park\nTrephina Gorge Nature Park\nWest MacDonnell National Park (including Simpson's Gap National\nPark, Ellery Creek Big Hole Nature Park, Ormiston Gorge and\nPound Nature Park, Serpentine Gorge Nature Park, Glen Helen\nGorge Nature Park, Redbank Nature Park and the proposed Alice\nValley extension)\n\nSchedule 2 Parks and reserves over which park freehold title is to be granted\nParks and Reserves (Framework for the Future) Act 2003 13\nSchedule 2 Parks and reserves over which park freehold\ntitle is to be granted\nsections 8, 10, 12, 13 and 14\nDulcie Range National Park\nKuyunba Conservation Reserve\nNative Gap Conservation Reserve\nWatarrka National Park\n\nSchedule 3 Other parks and reserves for which joint management agreements are to be\nentered into\nParks and Reserves (Framework for the Future) Act 2003 14\nSchedule 3 Other parks and reserves for which joint\nmanagement agreements are to be entered into\nsections 8, 10, 12, 13 and 14\nAlice Springs Telegraph Station Historical Reserve\nBlack Jungle / Lambells Lagoon Conservation Reserve\nFlora River Nature Park\nFogg Dam Conservation Reserve\nHarrison Dam Conservation Reserve\nMac Clark (Acacia Peuce) Conservation Reserve\nMary River National Park (proposed)\nMelacca Swamp Conservation Area\nRainbow Valley Conservation Reserve\nRuby Gap Nature Park\n\nSchedule 4 Principles for lease of parks and reserves to Territory\nParks and Reserves (Framework for the Future) Act 2003 15\nSchedule 4 Principles for lease of parks and reserves to\nTerritory\nsection 10\n1. The term of the lease is 99 years.\n2. The parties to the lease must negotiate in good faith for the renewal\nof the lease.\n3. The lease must not extinguish native title rights or interests.\n4. The lease purposes:\n(a) must include the use of the land the subject of the lease as a\npark or reserve; and\n(b) may include the use of the land the subject of the lease for\ncommercial activities that are consistent with its use as a park\nor reserve and conducted in accordance with the joint\nmanagement agreement for the park or reserve.\n5. If the land the subject of the lease is Aboriginal land, the lease must\nrequire the lessor to permit Territorians and visitors to the Territory\nto enter the park or reserve without an entry permit.\n6. The lessee must give preference to the participation of the\ntraditional Aboriginal owners of the park or reserve in any\ncommercial activities conducted under the lease.\n7. The lease must permit the traditional Aboriginal owners of the park\nor reserve to use the land the subject of the lease in accordance\nwith the joint management agreement for the park or reserve.\n8. The lease must permit the grant under section 46(1A) of the Lands\nAcquisition Act 1978 of part of the land the subject of the lease for\nthe purposes of an Aboriginal community living area in accordance\nwith the joint management agreement for the park or reserve.\n\nSchedule 5 Aboriginal land to be included in parks and reserves\nParks and Reserves (Framework for the Future) Act 2003 16\nSchedule 5 Aboriginal land to be included in parks and\nreserves\nsections 10 and 13\nAboriginal land adjoining Davenport Range National Park\n(proposed) (including an area enclosed by the boundaries of the\nproposed park and the Epenarra-Murray Downs Road)\nAboriginal land adjoining Gregory National Park (including land\nlinking the 2 separate sections of the park)\n\nENDNOTES\nParks and Reserves (Framework for the Future) Act 2003 17\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\nParks and Reserves (Framework for the Future) Act 2003 (Act No. 9, 2004)\nAssent date 7 January 2004\nCommenced 14 April 2004 (Gaz G15, 14 April 2004, p 5)\nParks and Reserves (Framework for the Future) (Revival) Act 2005 (Act No. 3, 2005)\nAssent date 4 March 2005\nCommenced pt 2, ss 6 and 7: 1 January 2005; s 8: 1 February 2005;\nrem: 4 March 2005 (s 2)\nTerritory Parks and Wildlife Conservation Amendment Act 2005 (Act No. 4, 2005)\nAssent date 4 March 2005\nCommenced 31 May 2005 (Gaz S23, 31 May 2005)\n3 GAZETTE NOTICES\nGaz G30, 28 July 2004, p 2\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, 4, 8, 9, 12, 14, 15 and 16\nand sch 4.\n5 LIST OF AMENDMENTS\ns 9 amd No. 4, 2005, s 5\ns 10 amd No. 3, 2005, s 6\ns 16 amd No. 3, 2005, s 7\nsch 1 amd Gaz G30\n\nENDNOTES\nParks and Reserves (Framework for the Future) Act 2003 18\nsch 2 amd No. 3, 2005, s 8\nsch 3 amd Gaz G30\nsch 5 amd Gaz G30","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act’s central purpose — to create a structured package for negotiating park tenure and joint management with traditional Aboriginal owners — is unchanged. Later amendments and schedule updates recorded in the endnotes primarily adjusted implementation details (which specific parks are listed, revival/commencement timing and some technical amendments to particular sections), but did not repurpose the Act or substantially expand its stated objective. The core framework remains a negotiation and tenure mechanism: creation of park freehold title held in trust, leases to the Territory on specified principles, ILUAs and joint management agreements, and temporary mining reservations (see ss 3, 8–10, 12 and Schedule 4)."},"complexity_factors":["17 defined terms in the interpretation section (s 4)","Multiple external cross‑references: ALRA, NTA, Crown Lands Act 1992, Mining Act 1982, Lands Acquisition Act 1978, Planning Act 1999","Five separate Schedules listing parks, lease principles and adjoining Aboriginal land (Schedules 1–5)","Conditional logic in s 10 with multiple cumulative preconditions for exercising powers (ILUAs, lease terms, joint management agreements, Land Council/Aboriginal Land Trust agreements)","Sunset/deadline provision with automatic expiry and revocation consequences (s 16)","Power to create a new proprietary estate (park freehold title) with many tailored restrictions and exceptions (s 9)","Temporary statutory reservations from mining with carve‑outs and later automatic revocation mechanics (s 12)","Chief Minister’s amendment powers over Schedules subject to procedural and time limits (ss 13–14)","Planning regime override and special development permissions for park freehold land (s 15)","Regulatory delegation that may limit Park Land Trust powers (s 9(8)–(8A))"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Authorises the Chief Minister to take a package of actions to convert a set of Territory parks and reserves into a new, negotiated tenure and management structure (section 8). Those actions include: asking the Commonwealth to amend the Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA) schedules (s 8(a)); granting a new form of estate called \"park freehold title\" to specially created Park Land Trusts (s 8(b) and s 9); entering leases of park land back to the Territory on set principles (s 8(c) and Schedule 4); entering joint management agreements with traditional Aboriginal owners (s 8(d)); and executing Indigenous land use agreements (ILUAs) or other legally enforceable agreements to make the package work (s 8(e) and (f)).\n\n- Creates a distinct proprietary form — \"park freehold title\" — an estate in fee simple that is subject to detailed restrictions: it must be held by a Park Land Trust for Aboriginal persons entitled by tradition to use the land; it is subject to native title rights but free of all other estates; it cannot be sold or mortgaged; it may be leased or sub‑leased (subject to the joint management agreement) and those leasehold interests can be mortgaged (s 9).\n\n- Sets preconditions the Chief Minister must meet before using the powers in section 8: withdrawal of certain ALRA applications, execution of ILUAs and related agreements dealing with compensation and facilitating development, agreed lease terms consistent with Schedule 4, agreed joint management agreements that guarantee free public access (no entry fee), and agreement of Aboriginal Land Trusts to lease adjoining Aboriginal land where identified (s 10).\n\n- Treats the listed parks and reserves as reserved from mining occupation for many purposes immediately (s 12), subject to carve‑outs for land already applied for or occupied by mining interests, and requires revocation of those temporary reservations once the section 10 conditions are met (s 12(4)).\n\n- Gives the Planning Minister the role of consent authority for development on park freehold land and sets out which uses are permitted without further consent (parks/reserves, certain commercial activities consistent with park use, and Aboriginal community living areas) and which require consent (s 15).\n\n- Establishes Park Land Trusts as corporate bodies to hold the park freehold title in trust and gives the Administrator power to make regulations about their membership and procedures; the Regulations may also limit a Trust’s powers (s 9(3)–(9A)).\n\n- Includes temporal and procedural limits: a sunset/deadline for completing the required agreements (section 16) and powers allowing the Chief Minister to amend the Schedules to remove or vary listed parks, reserves or adjoining Aboriginal land, subject to consultation and time limits (ss 13–14).\n\n**Who this affects**\n\n- Traditional Aboriginal owners of the named parks and reserves (defined term; s 4). They are the intended beneficiaries of the Park Land Trust structure and parties to joint management agreements, leases and ILUAs (s 3; s 9; s 10; Schedule 4).\n- Aboriginal Land Trusts and Land Councils, which must advise and agree to certain steps and may be required to lease adjoining Aboriginal land to the Territory (s 10(1)(f); s 13).\n- The Territory Government and Chief Minister, who decide whether and when to take the listed actions and who will be the lessee/manager of parks (ss 7–8).\n- Park Land Trusts (new corporate bodies) that will hold title and enter agreements (s 9).\n- The Planning Minister (consent authority for development on park freehold land) (s 15).\n- Existing and potential mining interests, whose access/occupation is affected by statutory reservations created and revoked under s 12.\n- Territorians and visitors whose access is preserved by the agreement that parks remain open without an entry fee (s 10(2); Schedule 4(5)).\n\n**Why it matters (stated purpose and how the law implements it)**\n\n- The Act’s stated purpose is to provide a framework for negotiations between the Territory and traditional Aboriginal owners to establish, maintain and manage \"a comprehensive system of parks and reserves\" that recognises indigenous culture, protects biodiversity, serves recreational and educational needs and enjoys community support (s 3).\n\n- Mechanically, the Act implements that purpose by: creating a new tenure (park freehold title) held in trust for traditional owners (s 9); requiring ILUAs and joint management agreements that deal with native title impacts and development (s 10(1)(b) and (e)); providing for long leases to the Territory on specified principles (Schedule 4); and temporarily locking out mining occupation for the listed areas pending completion of the package (s 12).\n\n**Costs, incentives, trade‑offs and implementation risks (practical test of the purpose claim)**\n\n- Who pays: The Territory will bear transaction and administration costs of negotiating and entering leases, ILUAs, joint management agreements and establishing Park Land Trusts; it will also carry planning and management responsibilities where it leases park land back (s 8(c)–(e); Schedule 4). Compensation to native title holders and other payments must be provided for in ILUAs (s 10(1)(b)).\n\n- Who decides: The Chief Minister controls whether the statutory package is executed (s 8), subject to required agreements and Land Council input (s 10; s 13). Traditional owners and Land Councils must agree to ILUAs, leases and joint management agreements before the Chief Minister may proceed (s 10). The Planning Minister decides development consents for park freehold land (s 15).\n\n- Behaviour incentives and constraints: The structure gives traditional owners secure in‑trust title that cannot be sold or mortgaged (s 9(2)(c)–(d)), creating security of custodianship but restricting capital use of the land. Leases back to the Territory (99‑year term per Schedule 4(1)) allow Territory management and permit commercial uses consistent with park purposes (Schedule 4(4)), which creates an incentive to develop tourism or other income‑generating activities subject to joint management rules and preference for Aboriginal participation (Schedule 4(6)).\n\n- Mining and development trade‑offs: The Act creates temporary statutory reservations from mining (s 12) and gives special planning rules for park freehold land (s 15). These measures lower the risk of immediate mining development but preserve a path for specified development if agreed in ILUAs and joint management agreements. There is a concrete trade‑off between conservation/management certainty and the opportunity cost of foregone mining exploration/occupation where reservations apply (s 12(1)–(3)).\n\n- Compliance burden and conditionality: The Chief Minister’s powers are conditional on the execution of multiple, potentially complex agreements by a deadline (s 10; s 16). That creates implementation risk — failure to meet the deadline causes the Act to expire and revokes the temporary mining reservations (s 16(4)). The requirement that joint management agreements permit free entry by Territorians and visitors (s 10(2) and Schedule 4(5)) is a non‑negotiable public access condition.\n\n- Concentrated benefits and diffuse costs: Benefits from Park Land Trusts and negotiated leases (income, participation in tourism, management authority) are concentrated to the traditional owners of the listed parks (s 9; Schedule 4). Costs (administrative, planning, constrained mining access) are dispersed across the Territory budget and potential private sector miners and developers (s 12; s 15).\n\n- Discretion and regulatory risk: The Act gives the Administrator/Executive broad rule‑making power over Park Land Trusts and may limit Trust powers by regulation (s 9(8)–(8A)). That places some control over Trust governance in the hands of regulatory instruments rather than exclusively in Trust constitutions.\n\n**Immediate practical effects to watch for**\n\n- Whether required ILUAs, leases and joint management agreements are concluded by the deadline (s 16).\n- Creation and composition of Park Land Trusts and the content of any regulations limiting their powers (s 9(3), (8)–(8A)).\n- Changes to the Schedules (which parks are included or omitted) made by the Chief Minister under the limited amendment powers (ss 13–14).\n\n**Key statutory references (examples)**\n\n- Chief Minister’s package powers: s 8\n- Definition and rules for park freehold title and Park Land Trusts: s 9\n- Preconditions for exercising powers (agreements, leases, joint management): s 10 and Schedule 4\n- Mining reservation and revocation mechanics: s 12\n- Planning and development rules for park freehold land: s 15\n- Sunset/deadline mechanism: s 16\n\n(Where I say \"traditional Aboriginal owners\", \"Land Council\", \"ALRA\" or \"NTA\" the Act uses those defined terms — see s 4.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope as a time-limited, conditional framework for negotiating the transfer and joint management of specific listed parks. The 2005 amendment (evident in the endnotes) extended the sunset date and added some parks to Schedule 2, but this represents operational adjustment within the original framework rather than scope creep. The Act remains tightly focused on its stated purpose of providing a negotiation framework for the 27 listed parks and reserves."},"complexity_factors":["Extensive cross-referencing to three other major statutes: the Commonwealth Aboriginal Land Rights (Northern Territory) Act 1976 (ALRA), the Native Title Act 1993 (NTA), and the Territory's own Crown Lands Act 1992, Mining Act 1982, and Planning Act 1999","Creation of a novel statutory interest in land ('park freehold title') with 8 specific restrictions and conditions in section 9(2), creating a hybrid between freehold and inalienable communal title","Conditional operation: the entire scheme is contingent on multiple preconditions in section 10 being met by a sunset date (originally 2 February 2005, extended by later amendment)","Nested legislative instruments: requires coordination of indigenous land use agreements (ILUAs) under Commonwealth law, joint management agreements, leases, and potential Schedule amendments","Application of external statutory provisions by reference: section 9(9) imports sections from the Crown Lands Act 1992 with modifications; section 12 deems compliance with Mining Act procedures","Multiple schedules (5 total) containing site-specific lists that can be amended by Gazette notice under sections 13-14, creating delegated legislative complexity","Interaction between inalienability restrictions (no sale, no mortgage) and commercial leasing provisions creates tension requiring careful parsing"],"plain_english_summary":"This Northern Territory law creates a special framework for handing back control of certain national parks and reserves to their traditional Aboriginal owners while keeping them open for public use.\n\n**What it does:**\n- Sets up a system where specific parks and reserves (listed in Schedules 1-3) can be transferred to Aboriginal ownership through a unique type of land title called \"park freehold title\"\n- Establishes \"Park Land Trusts\" – special bodies that hold this title on behalf of Aboriginal people with traditional connections to the land\n- Requires \"joint management agreements\" between the Territory government and traditional owners for how these parks will be run\n- Allows the Territory to lease back the parks for 99 years so they stay open to the public without entry fees\n\n**Key features of park freehold title:**\n- **Cannot be sold** – it can only be transferred to another Park Land Trust\n- **Cannot be mortgaged** – traditional owners can't use it as collateral for loans\n- **Can be leased** – allowing commercial tourism activities consistent with park use\n- **Subject to native title** – any existing native title rights continue\n- **Can be surrendered** – with Territory agreement, land can be returned for other public purposes or to traditional owners for specific uses\n\n**Who it affects:**\n- Traditional Aboriginal owners of 27 specific parks and reserves (including famous sites like Uluru-Kata Tjuta, Kakadu, and West MacDonnell National Park)\n- The Northern Territory government, which negotiates leases and management agreements\n- The Commonwealth government, which must amend federal land rights laws for some transfers\n- Visitors to these parks, who retain free access\n\n**Why it matters:**\nThis was a landmark attempt to reconcile Aboriginal land rights with conservation and tourism. It recognises that traditional owners should control their country while ensuring parks remain accessible to all Australians. The \"sunset clause\" (originally February 2005, later extended) meant the whole scheme would collapse if negotiations weren't completed in time."}},"importantCases":[],"_links":{"self":"/api/acts/parks-and-reserves-framework-for-the-future-act-2003","history":"/api/acts/parks-and-reserves-framework-for-the-future-act-2003/history","analysis":"/api/acts/parks-and-reserves-framework-for-the-future-act-2003/analysis","conflicts":"/api/acts/parks-and-reserves-framework-for-the-future-act-2003/conflicts","importantCases":"/api/acts/parks-and-reserves-framework-for-the-future-act-2003/important-cases","documents":"/api/acts/parks-and-reserves-framework-for-the-future-act-2003/documents"}}