{"id":"parks-and-wildlife-commission-act-1980","name":"Parks and Wildlife Commission Act 1980","slug":"parks-and-wildlife-commission-act-1980","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30354,"registerId":"nt-parks-and-wildlife-commission-act-1980-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parks and Wildlife Commission Act 1980","content":"NORTHERN TERRITORY OF AUSTRALIA\nPARKS AND WILDLIFE COMMISSION ACT 1980\nAs in force at 13 February 2019\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\nPart II Director of Parks and Wildlife\n4 Director ............................................................................................ 2\n5 Functions of the Director ................................................................. 2\n6 Powers of Director ........................................................................... 3\n7 Delegation by Director ..................................................................... 3\nPart III Parks and Wildlife Commission of the\nNorthern Territory\n9 Establishment of Commission ......................................................... 3\n10 Membership of Commission ............................................................ 3\n19 Functions of Commission ................................................................ 4\n20 Power of Commission ...................................................................... 4\n21 Commission not to acquire real property ......................................... 5\n22 Direction of the Minister ................................................................... 5\n23 Delegation by Commission .............................................................. 5\n24 Employment by Commission ........................................................... 5\n25 Consultants to Commission ............................................................. 5\nPart IV Conservation Land Corporation\n26 Definition of member ....................................................................... 6\n27 Establishment of Corporation .......................................................... 6\n28 Judicial notice of seal ...................................................................... 6\n29 Corporation not authority ................................................................. 6\n30 Membership of Corporation ............................................................. 6\n31 Resignation of member ................................................................... 7\n32 Termination of appointment ............................................................. 7\n33 Chairperson ..................................................................................... 7\n34 Date of appointment ........................................................................ 7\n35 Member not personally liable ........................................................... 7\n36 Unauthorised disclosure of confidential information ........................ 8\n37 Disclosure of personal interest by member...................................... 8\n37A Effect of personal interest ................................................................ 9\n\nParks and Wildlife Commission Act 1980 ii\n38 Procedure ........................................................................................ 9\n39 Function of Corporation ................................................................... 9\nPart V Miscellaneous\n41 Advisory council............................................................................. 10\n42 Regulations.................................................................................... 10\nPart VI Transitional matters for Parks and Wildlife\nCommission Amendment Act 2018\n43 Offence provisions – before and after commencement ................. 11\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 13 February 2019\n____________________\nPARKS AND WILDLIFE COMMISSION ACT 1980\nAn Act to establish a Commission to establish and manage, or assist in\nthe management of, parks, reserves, sanctuaries and other land, to\nencourage the protection, conservation and sustainable use of wildlife,\nto establish a land-holding corporation in connection with those\npurposes, and for related purposes\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Parks and Wildlife Commission\nAct 1980.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\nAboriginal land has the same meaning as in the Aboriginal Land\nRights (Northern Territory) Act 1976 of the Commonwealth.\nChief Executive Officer means the Chief Executive Officer, within\nthe meaning of the Public Sector Employment and Management\nAct 1993, of the Agency administering this Act.\nCommission means the Parks and Wildlife Commission of the\nNorthern Territory established by this Act.\nCorporation means the Conservation Land Corporation\nestablished by this Act.\nDirector means the Director of Parks and Wildlife holding office\nunder section 4, and includes a person acting as Director.\n\nPart II Director of Parks and Wildlife\nParks and Wildlife Commission Act 1980 2\nwildlife includes both animals and plants.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n3A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 3A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart II Director of Parks and Wildlife\n4 Director\n(1) The Director of Parks and Wildlife is:\n(a) the Chief Executive Officer; or\n(b) the person appointed under subsection (2).\n(2) The Minister may appoint a person to be the Director of Parks and\nWildlife.\n(3) The Minister may at any time terminate an appointment made\nunder subsection (2).\n(4) Where a person appointed as Director under subsection (2) is\nabsent from duty or from the Territory, the Minister may appoint a\nperson to act as Director during the absence.\n(5) A person appointed as Director under subsection (2) is subject to\nthe direction of the Commission when exercising the Director's\npowers or performing the Director's functions.\n5 Functions of the Director\nThe functions of the Director are:\n(a) to represent the Commission;\n(b) to execute the policy decisions of the Commission; and\n\nPart III Parks and Wildlife Commission of the Northern Territory\nParks and Wildlife Commission Act 1980 3\n(c) such other functions as are conferred on the Director by this\nAct or any other Act.\n6 Powers of Director\nSubject to this Act, the Director has power to do all things that are\nnecessary or convenient to be done for or in connection with, or\nincidental to, the performance of the Director's functions.\n7 Delegation by Director\n(1) The Director may, in writing, delegate to a person (or to the holder\nfrom time to time of a particular designation or office) any of the\nDirector's powers and functions under this or any other Act, other\nthan this power of delegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, is deemed to have been exercised or\nperformed by the Director.\n(3) A delegation under this section is revocable at will and does not\nprevent the exercise of a power or performance of a function by the\nDirector.\nPart III Parks and Wildlife Commission of the Northern\nTerritory\n9 Establishment of Commission\n(1) There is hereby established a commission by the name of the\nParks and Wildlife Commission of the Northern Territory.\n(2) The Commission:\n(a) is a body corporate with perpetual succession;\n(b) has a common seal; and\n(c) is capable in its corporate name of suing and being sued.\n(3) All courts, judges and persons acting judicially are to take judicial\nnotice of the common seal of the Commission affixed to a\ndocument and are to assume that it was duly affixed.\n10 Membership of Commission\n(1) The Commission consists of the Chief Executive Officer.\n\nPart III Parks and Wildlife Commission of the Northern Territory\nParks and Wildlife Commission Act 1980 4\n(2) The establishment of the Commission is not affected by reason of a\nvacancy in the office of the Chief Executive Officer.\n19 Functions of Commission\nThe functions of the Commission are:\n(a) to promote the conservation and protection of the natural\nenvironment of the Territory:\n(i) by managing or participating in the management of:\n(A) parks, reserves and sanctuaries established under\nthe Territory Parks and Wildlife Conservation\nAct 1976 or any other Act of the Territory or the\nCommonwealth; and\n(B) other land by agreement with the owners or\noccupiers of that land; and\n(ii) by the promotion, and the enforcement where\nnecessary, of the protection, conservation and\nsustainable use of wildlife, whether on such parks,\nreserves or sanctuaries or elsewhere in the Territory;\nand\n(b) the management, for a purpose approved by the Minister, of\nother land;\nand such other functions as are conferred on it by or under this or\nany other Act.\n20 Power of Commission\n(1) Subject to section 22, the Commission has power to do all things\nnecessary or convenient to be done for or in connection with or\nincidental to the performance of its functions and the exercise of its\npowers.\n(2) Without limiting the generality of subsection (1), the Commission\nmay, for the purpose of carrying out its functions and exercising its\npowers, including the powers conferred on it elsewhere in this Act:\n(a) enter into contracts;\n(b) erect buildings and structures and carry out works;\n(c) acquire, hold and dispose of personal property or an interest\nin personal property;\n\nPart III Parks and Wildlife Commission of the Northern Territory\nParks and Wildlife Commission Act 1980 5\n(d) accept gifts and bequests made to the Commission whether in\ntrust or otherwise and act as trustees of moneys and other\nproperty vested in the Commission upon trust; and\n(e) occupy, use, manage and control any land or building owned\nor leased by the Territory, or the Corporation continued in\nexistence by the Northern Territory Land Corporation\nAct 1989, and made available to the Commission.\n21 Commission not to acquire real property\nThe Commission must not acquire or hold any estate or interest in\nreal property.\n22 Direction of the Minister\nThe Commission, in the performance of its functions and the\nexercise of its powers, is subject to the direction of the Minister.\n23 Delegation by Commission\n(1) The Commission may, in writing, delegate to a person who is an\nemployee, within the meaning of the Public Sector Employment and\nManagement Act 1993, any of the Commission's powers and\nfunctions under this or any other Act, other than this power of\ndelegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, is deemed to have been exercised or\nperformed by the Commission.\n(3) A delegation under this section is revocable at will and does not\nprevent the exercise of a power or performance of a function by the\nCommission.\n24 Employment by Commission\nIn addition to employees employed under the Public Sector\nEmployment and Management Act 1993 by the Commission, the\nCommission may employ, on such terms and conditions as it thinks\nfit, persons it thinks necessary for the purposes of the Commission.\n25 Consultants to Commission\nThe Commission may engage consultants and may make\narrangements to be provided with such advice relating to its\nfunctions as it thinks fit.\n\nPart IV Conservation Land Corporation\nParks and Wildlife Commission Act 1980 6\nPart IV Conservation Land Corporation\n26 Definition of member\nIn this Part, member means a person appointed under\nsection 30(2) to be a member of the Corporation.\n27 Establishment of Corporation\n(1) There is hereby established a body corporate by the name of the\nConservation Land Corporation.\n(2) The Corporation is:\n(a) a body corporate with perpetual succession and a common\nseal; and\n(b) capable, in its corporate name, of:\n(i) subject to this Act, acquiring, holding and disposing of\nreal and personal property; and\n(ii) suing and being sued.\n28 Judicial notice of seal\nAll courts, judges and persons acting judicially are to take judicial\nnotice of the common seal of the Corporation affixed to a document\nand are to presume that it was duly affixed.\n29 Corporation not authority\n(1) The Corporation is not an authority or instrumentality of the Crown\nand is not, for the purposes of the Interpretation Act 1978, a\nstatutory corporation.\n(2) The Corporation is not subject to the control and direction of the\nMinister or the Crown.\n(3) The Corporation is not, and is not capable of being, an Agency\nwithin the meaning and for the purposes of the Financial\nManagement Act 1995.\n30 Membership of Corporation\n(1) The Corporation consists of not less than 2 members.\n(2) The Minister may, by Gazette notice, appoint a person to be a\nmember.\n\nPart IV Conservation Land Corporation\nParks and Wildlife Commission Act 1980 7\n(3) The exercise of a power or the performance of a function of the\nCorporation is not affected by reason only of there being a vacancy\nin its membership.\n31 Resignation of member\nA member may resign the member's office by writing signed by the\nmember and delivered to the Minister.\n32 Termination of appointment\n(1) The Minister may terminate the appointment of a member for\ninability, inefficiency, misbehaviour or physical or mental incapacity.\n(2) If a member:\n(a) is absent, except on leave granted by the Corporation, from\n3 consecutive meetings of the Corporation;\n(b) becomes bankrupt, applies to take the benefit of any law for\nthe relief of bankrupt or insolvent debtors, compounds with the\nmember's creditors or makes an assignment of the member's\nremuneration for their benefit; or\n(c) fails to comply with section 37;\nthe Minister must terminate the appointment of the member.\n33 Chairperson\nThe Minister may, by Gazette notice, appoint a person to be the\nChairperson of the Corporation.\n34 Date of appointment\nAn appointment under section 33 takes effect from:\n(a) the date of publication of the notification; or\n(b) if there is a later date specified in the notification – that later\ndate.\n35 Member not personally liable\nA member or person acting with the authority of the Corporation is\nnot personally liable in respect of any matter or thing done, or\ncontract entered into:\n(a) by the Corporation; or\n(b) by that person;\n\nPart IV Conservation Land Corporation\nParks and Wildlife Commission Act 1980 8\nif the matter or thing was done, or the contract was entered into, in\ngood faith for the purpose of executing this Act or any other Act\nconferring or imposing functions on the Corporation.\n36 Unauthorised disclosure of confidential information\n(1) A member commits an offence if:\n(a) the member obtains information in the course of performing\nduties as a member; and\n(b) the member intentionally engages in conduct; and\n(c) the conduct results in the disclosure of the information and the\nmember is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the member discloses the information:\n(i) in the course of the member's duties as a member; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n37 Disclosure of personal interest by member\n(1) If a member has a personal interest in a matter being considered or\nabout to be considered by the Corporation, the member must\ndisclose the following at a meeting of the Corporation as soon as\npracticable after the relevant facts come to the member's\nknowledge:\n(a) the nature and extent of the personal interest;\n\nPart IV Conservation Land Corporation\nParks and Wildlife Commission Act 1980 9\n(b) how the interest relates to the matter being considered or\nabout to be considered by the Corporation.\n(2) The disclosure must be recorded in the minutes of the meeting.\n(3) For this section, a member has a personal interest in a matter if the\nmember:\n(a) has a direct or indirect financial interest in the matter; or\n(b) has a personal, professional, commercial or other relationship\nwith a person and the nature of the relationship is likely to, or\nmay reasonably be regarded as likely to, inhibit or prevent the\nmember from exercising independent judgment about the\nmatter.\n37A Effect of personal interest\n(1) If a member has a personal interest in a matter that is required to\nbe disclosed under section 37:\n(a) the member must not take part in any deliberation or decision\nof the Corporation about the matter; and\n(b) the member must be disregarded for the purpose of\nconstituting the quorum of the Corporation for the deliberation\nor decision; and\n(c) the quorum for the deliberation or decision is a majority of\npersons entitled to participate in the deliberation or decision.\n(2) However, a failure by the member to disclose the interest in the\nmatter does not, on its own, invalidate any decision of the\nCorporation about the matter.\n38 Procedure\nThe Corporation may, subject to this Act, determine its own\nprocedures.\n39 Function of Corporation\n(1) The function of the Corporation is to acquire, hold and dispose of\nreal property (including any estate or interest in real property) in\naccordance with this Act and it may acquire and hold such property,\nnotwithstanding any other law in force in the Territory which would\nrestrict or otherwise limit the capacity of the Corporation to acquire\nand hold such property.\n\nPart V Miscellaneous\nParks and Wildlife Commission Act 1980 10\n(2) The Corporation has power to do all things necessary or convenient\nto be done for or in connection with or incidental to the carrying out\nof its function.\n(3) Any moneys payable by the Corporation for or incidental to the\nacquisition of any estate or interest in real property may be\nadvanced by the Commission on such terms and conditions as the\nCommission thinks fit.\n(4) Any moneys payable to the Corporation in respect of any estate or\ninterest in real property held or disposed of by the Corporation must\nbe paid to the Commission, whose receipt is sufficient discharge\ntherefor, and any moneys payable by the Corporation in respect of\nany estate or interest in real property held by the Corporation may\nbe paid by the Commission.\n(5) Notwithstanding anything contained in the Stamp Duty Act 1978, no\nstamp duty is payable on any instrument by which any property or\ninterest is granted or assured to or vested in the Corporation.\n(6) The Commission has the care, control and management of all land\n(including an interest in land) acquired or held by the Corporation.\nPart V Miscellaneous\n41 Advisory council\n(1) The Minister may establish a council to advise the Commission on\nmatters concerning the management of parks and wildlife.\n(2) The members of the council must be appointed by the Minister and\nmust be persons who have an interest or expertise and knowledge\nin matters relating to the environment and the management and\nconservation of natural resources.\n42 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters required or permitted by this Act to be\nprescribed or necessary or convenient to be prescribed for carrying\nout or giving effect to this Act.\n\nPart VI Transitional matters for Parks and Wildlife Commission Amendment Act 2018\nParks and Wildlife Commission Act 1980 11\nPart VI Transitional matters for Parks and Wildlife\nCommission Amendment Act 2018\n43 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the Parks and Wildlife\nCommission Amendment Act 2018, apply only in relation to\noffences committed after the commencement of that Act (the\ncommencement).\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n(4) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences committed against this Act (including in relation to\ncriminal responsibility, defences and penalties).\n\nENDNOTES\nParks and Wildlife Commission Act 1980 12\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\nConservation Commission Act 1980 (Act No. 13, 1980)\nAssent date 13 March 1980\nCommenced 28 March 1980 (Gaz G13, 28 March 1980, p 7)\nPublic Service and Statutory Authorities Amendment Act 1985 (Act No. 28, 1985)\nAssent date 26 June 1985\nCommenced 26 June 1985\nConservation Commission Amendment Act 1985 (Act No. 69, 1985)\nAssent date 24 December 1985\nCommenced 24 February 1988 (Gaz G8, 24 February 1988, p 5)\nConservation Commission Amendment Act 1986 (Act No. 54, 1986)\nAssent date 19 December 1986\nCommenced 24 December 1986 (s 2, s 2 Northern Territory Land\nCorporation Act 1986 (Act No. 53, 1986) and Gaz S90,\n24 December 1986)\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53, 29\nJune 1993)\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)\nConservation Commission Amendment Act 1995 (Act No. 43, 1995)\nAssent date 15 November 1995\nCommenced 29 November 1995 (Gaz S42, 29 November 1995)\n\nENDNOTES\nParks and Wildlife Commission Act 1980 13\nStatute Law Revision Act (No. 2) 1998 (Act No. 92, 1998, )\nAssent date 11 December 1998\nCommenced 11 December 1998\nParks and Wildlife Commission Amendment Act 1999 (Act No. 58, 1999)\nAssent date 14 December 1999\nCommenced 1 March 2000 (Gaz G8, 1 March 2000, p 2)\nParks and Wildlife Commission Amendment Act 2004 (Act No. 52, 2004)\nAssent date 15 September 2004\nCommenced 15 September 2004\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)\nParks and Wildlife Commission Amendment Act 2018 (Act No. 19, 2018)\nAssent date 6 September 2018\nCommenced 13 February 2019 (Gaz G7, 13 February 2019, p 6)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 24 Conservation Commission Amendment Act 1995 (Act No. 43, 1995)\ns 8 Parks and Wildlife Commission Amendment Act 1999 (Act No. 58, 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, 19, 20, 23, 24, 29\nand 39.\n5 LIST OF AMENDMENTS\nlt amd No. 43, 1995, s 5\ns 1 amd No. 43, 1995, s 6\ns 3 amd No. 28, 1993, s 3; No. 43, 1995, s 7; No. 58, 1999, s 4; No. 52, 2004,\ns 3; No. 19, 2018, s 9\ns 3A ins No. 19, 2018, s 4\npt II hdg amd No. 43, 1995, s 8\ns 4 amd No. 28, 1985, s 9; No. 28, 1993, s 3\nsub No. 43, 1995, s 9\namd No. 52, 2004, s 4; No. 19, 2018, s 9\nss 5 – 6 amd No. 19, 2018, s 9\ns 7 sub No. 43, 1995, s 10\namd No. 19, 2018, s 9\ns 8 rep No. 52, 2004, s 5\npt III hdg amd No. 43, 1995, s 11\ns 9 amd No. 43, 1995, s 12; No. 19, 2018, s 9\ns 10 amd No. 69, 1985, s 4\nsub No. 43, 1995, s 13\namd No. 58, 1999, s 5\nsub No. 52, 2004, s 6\ns 11 rep No. 43, 1995, s 13\n\nENDNOTES\nParks and Wildlife Commission Act 1980 14\ns 12 amd No. 43, 1995, s 14\nrep No. 52, 2004, s 7\ns 13 amd No. 43, 1995, s 15\nrep No. 52, 2004, s 7\ns 14 amd No. 28, 1985, s 9; No. 43, 1995, s 16\nrep No. 52, 2004, s 7\ns 15 amd No. 43, 1995, s 17; No. 58, 1999, s 6\nrep No. 52, 2004, s 7\ns 16 sub No. 43, 1995, s 18\namd No. 58, 1999, s 7\nrep No. 52, 2004, s 7\ns 17 amd No. 43, 1995, s 19\nrep No. 52, 2004, s 7\ns 17A ins No. 69, 1985, s 5\nsub No. 43, 1995, s 20\nrep No. 52, 2004, s 7\ns 18 amd No. 69, 1985, s 6; No. 43, 1995, s 21\nrep No. 52, 2004, s 7\ns 19 sub No. 43, 1995, s 22\namd No. 19, 2018, s 9\ns 20 amd No. 54, 1986, s 4\ns 21 amd No. 19, 2018, s 9\ns 23 sub No. 43, 1995, s 23\namd No. 52, 2004, s 8; No. 19, 2018, s 9\ns 24 amd No. 28, 1993, s 3\ns 28 amd No. 19, 2018, s 9\ns 29 amd No. 92, 1998, s 13\nss 30 – 31 amd No. 19, 2018, s 9\ns 32 amd No. 19, 2018, s 5\nss 33 – 35 amd No. 19, 2018, s 9\nss 36 – 37 amd No. 23, 2013, s 18\nsub No. 19, 2018, s 6\ns 37A ins No. 19, 2018, s 6\ns 39 amd No. 54, 1986, s 5; No. 19, 2018, s 9\ns 40 rep No. 5, 1995, s 19\ns 41 sub No. 52, 2004, s 9\namd No. 19, 2018, s 7\npt VI hdg ins No. 19, 2018, s 8\ns 43 ins No. 19, 2018, s 8","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown well beyond its original 1980 purpose of simply establishing a multi-member Conservation Commission and a land-holding Corporation. Successive amendments (notably 1995, 2004 and 2018) reduced the Commission to a single-member body consisting only of the Chief Executive Officer, introduced detailed Criminal Code-aligned offence and conflict-of-interest provisions, removed several redundant sections, and added an advisory council mechanism and transitional rules. These changes have shifted the Act from a pure establishment statute to a more comprehensive governance, compliance and land-management framework."},"complexity_factors":["Three interlinked statutory bodies (Director, Commission and Conservation Land Corporation) with overlapping but distinct functions and powers","Frequent cross-references to other statutes including the Territory Parks and Wildlife Conservation Act 1976, Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), Public Sector Employment and Management Act 1993, Criminal Code and Interpretation Act 1978","Detailed procedural rules for the Corporation covering membership, resignation, termination, personal liability, unauthorised disclosure of information, and conflict of interest (ss 30–37A)","Layered delegation provisions for both Director and Commission that interact with public sector employment rules","Transitional Part VI that distinguishes pre- and post-2018 offence provisions and applies complex conduct-based timing rules"],"plain_english_summary":"**This Act establishes three main bodies to protect the Northern Territory's natural environment.** It creates a Director of Parks and Wildlife (usually the senior public servant running the responsible department), the Parks and Wildlife Commission, and the Conservation Land Corporation.\n\nThe Commission’s job is to manage parks, reserves and sanctuaries, protect wildlife everywhere in the Territory, and promote conservation and sustainable use of plants and animals. It can manage extra land if the Minister approves, but it cannot buy or own land itself. The Conservation Land Corporation is the ‘land owner’ – it can buy, hold and sell land for conservation purposes, and the Commission looks after that land on its behalf.\n\nThe law sets out who sits on these bodies, what powers they have, how they must handle conflicts of interest, and basic rules for meetings and staff. It also applies the Criminal Code to any offences and contains transitional rules for recent changes. In simple terms, it provides the legal structure for the government to run parks, protect wildlife and hold conservation land without the Commission directly owning property."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The text of the Act as presented includes multiple later amendments and transitional provisions that change aspects of the original instrument. Examples in this reprint include the application of the Criminal Code to offences under the Act (s 3A), changes to membership/appointment mechanics (ss 10, 30–33), the explicit prohibition on the Commission acquiring real property while creating a separate land‑holding Corporation (ss 21, 27, 39), and added governance and offence provisions such as the confidentiality offence and conflict‑of‑interest rules (ss 36–37A). Part VI (s 43) records transitional rules about which version of offence provisions applies across the 2018 amendment commencement. The endnotes list a series of amendments over time that have altered membership, delegation, property and offence provisions (see endnotes and List of Amendments)."},"complexity_factors":["Split institutional design: separate Commission (management) and Corporation (property) with linked financial flows (ss 19, 21, 27, 39).","Interplay with other Territory statutes and definitions referenced in the Act (Interpretation Act 1978, Public Sector Employment and Management Act 1993, Territory Parks and Wildlife Conservation Act 1976) (s 3 note; s 4(1); s 19).","Ministerial appointment, termination and direction powers that affect operational independence (ss 4(2)–(3), 22, 30–33).","Delegation provisions that are broad but revocable at will, introducing administrative discretion and potential turnover (ss 7, 23).","Legal and financial mechanics around property transfers, stamp duty exemption, and the Commission advancing and receiving funds related to Corporation property (s 39(3)–(5)).","Criminal liability and confidentiality obligations for Corporation members (s 36) coupled with strict liability for obtaining information (s 36(2)).","Governance rules on conflicts of interest and quorum adjustments when members have a disclosed interest (ss 37, 37A).","Transitional and amendment history referenced in endnotes and Part VI, requiring attention to which offence provisions apply across amendment dates (s 43; endnotes)."],"plain_english_summary":"# What this law does (mechanics)\n\n- Establishes two bodies: the Parks and Wildlife Commission of the Northern Territory (the Commission) and a separate Conservation Land Corporation (the Corporation). The Commission is a corporate body that carries out park and wildlife management functions (ss 9, 19). The Corporation is a separate corporate body that may acquire, hold and dispose of real property (ss 27, 39).\n\n- Sets out who runs those bodies and how they are appointed: a Director of Parks and Wildlife (who is either the Agency Chief Executive Officer or a Minister-appointed person) represents and carries out Commission decisions (s 4; s 5). The Minister appoints Corporation members and may appoint a Chairperson (ss 30, 33). The Minister may direct the Commission in performing its functions (s 22).\n\n- Gives the Commission and Director broad operational powers to enter contracts, build and do works, accept gifts, and use Territory land made available to them (s 20). The Commission is explicitly prevented from acquiring real property itself (s 21); the land‑holding role is placed with the Corporation (ss 27, 39).\n\n- Provides financial and property arrangements between the two bodies: the Commission may advance money to the Corporation on terms it chooses, moneys payable to the Corporation in respect of land must be paid to the Commission, and the Commission has care, control and management of land held by the Corporation (ss 39(3)–(4), 39(6)). Instruments vesting property in the Corporation are exempt from stamp duty (s 39(5)).\n\n- Permits delegation of powers: the Director may delegate most of the Director's powers in writing (ss 7(1)–(3)), and the Commission may delegate powers to employees (s 23). Delegations are revocable at will (ss 7(3), 23(3)).\n\n- Sets governance and conduct rules for Corporation members: resignation and termination rules, a requirement to disclose personal interests at meetings (and to record them) (ss 31–32, 37–37A), criminal offence and penalties for unauthorised disclosure of confidential information (s 36), and a provision that members acting in good faith are not personally liable for corporate acts (s 35).\n\n- Allows the Minister to establish an advisory council to advise the Commission, and permits regulations to implement the Act (ss 41–42).\n\n- Applies general criminal responsibility rules from the Territory Criminal Code to offences under this Act (s 3A). A transitional clause clarifies which version of offence provisions applies across an amendment boundary (s 43).\n\n# Stated purpose (official rationale)\n\nThe Act’s long title states its purpose: to establish a Commission to establish and manage (or assist in the management of) parks, reserves, sanctuaries and other land; to encourage protection, conservation and sustainable use of wildlife; and to establish a land‑holding corporation connected to those purposes (long title; see ss 9, 19, 27, 39 for the operative mechanics).\n\n# How that purpose is implemented and the implications (costs, incentives, trade‑offs, discretion, compliance)\n\n- Division of functions and ownership (ss 19, 21, 27, 39): operational management and policy execution live with the Commission (ss 5, 19, 20), while legal ownership of land is vested in the Corporation (ss 27, 39). This mechanically separates management responsibilities from statutory ownership. The Commission cannot itself hold real property (s 21), so the Commission relies on the Corporation for property‑holding and on any arrangements the Commission makes to use that land (s 20(2)(e), s 39(6)).\n\n  - Practical effect: the legal ownership of property and associated transaction costs sit with the Corporation (s 39). The Act removes stamp duty on instruments vesting property in the Corporation (s 39(5)), which lowers transaction costs for property transfers into the Corporation compared with ordinary purchasers.\n\n- Financial flows and who pays/receives (s 39(3)–(4)): the Commission may advance money to the Corporation on terms it decides (s 39(3)). Money payable to the Corporation in respect of its land must be paid to the Commission (s 39(4)). Those clauses place the Commission at the centre of property‑related cash flows between the Corporation and other parties.\n\n- Ministerial control and executive discretion (ss 4, 22, 30–33): the Minister appoints and may terminate the Director (s 4(2)–(3)), appoints Corporation members and the Chairperson (ss 30(2), 33), and may direct the Commission in performing its functions (s 22). These provisions give the Minister statutory levers over key personnel and directions, which affects operational independence.\n\n- Corporation autonomy from Crown control (s 29): the Corporation is explicitly not an authority or instrumentality of the Crown, is not subject to Ministerial control and is not an Agency for the Financial Management Act (s 29). That creates a legal separation between the Corporation’s property ownership role and direct government control.\n\n- Delegation, operational flexibility and administrative risk (ss 7, 23): the Director and Commission may delegate most powers to others, and delegations are revocable at will (ss 7(1)–(3), 23(1)–(3)). Delegation increases operational flexibility but concentrates discretion in those who appoint or revoke delegates.\n\n- Governance and compliance burdens on members (ss 31–32, 35–37A): members face requirements to disclose personal interests at meetings and to have those disclosures recorded (s 37(1)–(2)). If a disclosed interest arises, the member must not take part in the decision and is disregarded for quorum purposes (s 37A(1)). There is a criminal offence (with a specified maximum penalty) for unauthorised disclosure of confidential information obtained as a member (s 36). Members acting in good faith for the purposes of the Act are, however, not personally liable for corporate acts (s 35). These rules impose record‑keeping, behavioural and legal compliance obligations on members and create potential criminal exposure for unauthorised disclosures (s 36).\n\n- Effects on private enterprise, competition and contract freedom\n\n  - The Corporation’s ability to acquire and hold land, and the stamp duty exemption (s 39(5)), reduce the transaction costs of acquiring conservation land through the Corporation compared with ordinary purchasers. The Commission and Corporation can enter contracts and carry out works (s 20(2)(a)–(b); s 39(2)), so they can transact with private businesses. How those transactions affect market competition depends on procurement and commercial choices not detailed in the Act, but the Act creates institutional capacity to hold and manage land and to contract for works and services.\n\n  - The Commission may occupy and manage Territory land made available to it (s 20(2)(e)) which again enables it to compete in contracts for services on those lands, subject to Ministerial direction (s 22).\n\n- Opportunity costs and substitution effects\n\n  - By creating a separate Corporation to hold real property (ss 27, 39) and giving the Commission a management role without property ownership (s 21), the Act shifts legal risk and the property‑holding function out of the Commission. That frees the Commission from property‑holding constraints but concentrates property title, and some transaction advantages (s 39(5)), in the Corporation.\n\n- Implementation risks\n\n  - Many appointment and termination powers reside with the Minister (s 4(2)–(3); ss 30–33), and delegations are revocable at will (ss 7(3), 23(3)). Those features concentrate decision rights in appointing authorities and can lead to turnover or changing policy direction by administrative action.\n\n# Key statutory citations (representative)\n\n- Commission establishment and functions: ss 9, 19\n- Director appointment, functions and delegations: ss 4–7, 5\n- Commission powers and restriction on acquiring property: ss 20, 21\n- Ministerial direction of Commission: s 22\n- Delegation by Commission: s 23\n- Employment and consultants: ss 24–25\n- Corporation establishment, powers and property role: ss 27, 39\n- Corporation autonomy from Crown: s 29\n- Financial flows between Commission and Corporation: s 39(3)–(4)\n- Stamp duty exemption for Corporation property instruments: s 39(5)\n- Member conduct, disclosure and confidentiality rules and penalties: ss 35–37A, 36\n- Application of Criminal Code to offences under this Act: s 3A\n- Advisory council and regulations: ss 41–42\n\n# Bottom line (mechanical description)\n\nThe Act sets up a two‑part institutional arrangement: a Minister‑directed Commission that manages parks and wildlife but may not hold real property (ss 19, 21, 22), and a separate, non‑Crown Corporation that holds and transacts in land and whose acquisitions are exempt from stamp duty (ss 27, 29, 39(5)). The statutory design allocates operational powers, appointment and termination rights, delegation mechanisms, and compliance obligations across those entities. This creates distinct legal roles for management and property ownership, concentrates certain appointment and direction powers with the Minister (ss 4, 22, 30–33), grants the Commission an operational role to contract and manage land (s 20), and imposes member disclosure and confidentiality obligations backed by criminal penalties (ss 36–37A)."}},"importantCases":[],"_links":{"self":"/api/acts/parks-and-wildlife-commission-act-1980","history":"/api/acts/parks-and-wildlife-commission-act-1980/history","analysis":"/api/acts/parks-and-wildlife-commission-act-1980/analysis","conflicts":"/api/acts/parks-and-wildlife-commission-act-1980/conflicts","importantCases":"/api/acts/parks-and-wildlife-commission-act-1980/important-cases","documents":"/api/acts/parks-and-wildlife-commission-act-1980/documents"}}