{"id":"territory-parks-and-wildlife-conservation-act-1976","name":"Territory Parks and Wildlife Conservation Act 1976","slug":"territory-parks-and-wildlife-conservation-act-1976","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30570,"registerId":"nt-territory-parks-and-wildlife-conservation-act-1976-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 4A","sectionType":"division","heading":"Use and development of joint management","content":"Division 4A Use and development of joint management\nparks and reserves\n25AKA Carrying out of certain activities on joint management parks\nand reserves .................................................................................. 32\n25AKB Use and development of land ........................................................ 34\n25AKC Application for authorisation .......................................................... 35\n25AKD Factors relevant to authorisation ................................................... 35\n25AKE Terms and conditions of authorisation ........................................... 36\n25AKF Variation of authorisation ............................................................... 36\n25AKG Cancellation of authorisation ......................................................... 37\n25AKH Transfer of authorisation ................................................................ 37\n25AKI Compliance with authorisation ....................................................... 37\n\nTerritory Parks and Wildlife Conservation Act 1976 iii\n25AKJ Offence of using or developing land on joint management park\nor reserve ...................................................................................... 38\n","sortOrder":0},{"sectionNumber":"Div 5","sectionType":"division","heading":"Mining in joint management parks and","content":"Division 5 Mining in joint management parks and\n25AL Certain provisions of Mineral Titles Act 2010 and Petroleum\nAct 1984 do not apply .................................................................... 38\n25AM Mines Minister to consider opinion of joint management\npartners ......................................................................................... 38\n25AN Application of Division ................................................................... 39\n25AO Functions of Land Councils in relation to parks and reserves........ 40\n25AP Application of money paid to Land Councils .................................. 41\n","sortOrder":1},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Application of Territory Parks and Wildlife","content":"Division 6A Application of Territory Parks and Wildlife\nConservation By-laws 1984\n25APA Application of By-laws to joint management parks and\nreserves ......................................................................................... 41\n25APB Validation ....................................................................................... 42\n25AQ By-laws .......................................................................................... 43\n25AR Lease of park or reserve not a subdivision .................................... 44\n25A Sanctuaries.................................................................................... 44\n25B Notices to be exhibited in sanctuaries ........................................... 45\n25C Persons not to enter sanctuaries ................................................... 45\n25D Firearms and traps prohibited in a sanctuary................................. 45\n25E Defence against prosecution ......................................................... 46\n25F Persons not to kill in sanctuary ...................................................... 46\n25G Taking plants on or from sanctuary ............................................... 46\nDivision 1 General\n26 Application of Part ......................................................................... 47\n27 Exemption from application of Part ................................................ 47\n\nTerritory Parks and Wildlife Conservation Act 1976 iv\n28 Prescribed classifications .............................................................. 47\n29 Classification of wildlife .................................................................. 47\n30 Threatened wildlife ........................................................................ 49\n31 Principles of management ............................................................. 49\n32 Management programs ................................................................. 50\n33 Management program may refer to co-operative management\nagreement etc................................................................................ 52\n34 Administrator to approve management program ........................... 52\n35 Commission may make co-operative management\nagreements for management of wildlife etc. .................................. 52\n36 Certain provisions of co-operative management agreements........ 53\n37 Declaration of area of essential habitat ......................................... 53\n38 Submissions regarding declaration of area of essential habitat ..... 55\n39 Notification of declaration of area of essential habitat ................... 55\n40 Notices to be exhibited in area of essential habitat........................ 56\n41 Notification of area of essential habitat on title .............................. 56\n42 Conservation officer may carry out certain work ............................ 57\n43 Protected wildlife ........................................................................... 57\n44 Lawful dealings with certain protected wildlife ............................... 57\n45 Killing of protected wildlife ............................................................. 58\n45A Taking or interfering with protected wildlife under prescribed\nstatutory approval .......................................................................... 58\n46 Director may require person to give up protected wildlife .............. 58\n47 Declaration of feral animals ........................................................... 59\n48 Feral animal control areas ............................................................. 59\n49 Notice to owner etc. to eradicate feral animals .............................. 60\n50 Commission may provide materials etc. ........................................ 60\n51 Conservation officer may enter and do work ................................. 60\n\nTerritory Parks and Wildlife Conservation Act 1976 v\n52 Non-indigenous vertebrates are prohibited entrants ...................... 61\n53 Declaration of prohibited entrants .................................................. 61\n54 Prohibited entrants that escape or are liberated ............................ 61\n55 Application for permit ..................................................................... 62\n56 Grant or refusal to grant permit...................................................... 62\n57 Terms and conditions of permits.................................................... 63\n58 Variation of permit ......................................................................... 65\n59 Cancellation of permits .................................................................. 66\n60 Permit holder requires permission to enter land ............................ 67\n61 Duplicate permits ........................................................................... 67\n62 Permit holder is owner of wildlife taken under permit .................... 67\n63 Permits not transferable ................................................................ 67\n66 Offences relating to protected wildlife ............................................ 68\n67 Offence relating to unprotected wildlife .......................................... 69\n67A Offence relating to feral animals .................................................... 70\n67B Offences relating to prohibited entrants ......................................... 70\n67C Offences relating to areas of essential habitat ............................... 70\n67D Compliance with permit ................................................................. 71\n67E Offence relating to crocodile traps ................................................. 72\nPart 6 The Territory Parks and Wildlife\nCommission\n68 Commission may authorize display of traffic signs ........................ 72\n69 Drivers must comply with traffic signs............................................ 73\n70 Traffic signs deemed to be lawfully displayed................................ 73\n71 By-laws .......................................................................................... 73\n71A By-laws apply to land other than parks or reserves ....................... 77\n73 Agreements regarding wildlife etc. on land occupied by\nAboriginals ..................................................................................... 78\n74 Protection etc. of wildlife and natural features of private land ........ 78\n74A Nature of agreement for protection and conservation of wildlife .... 79\n91 Officers and employees of Australia and government\nauthorities ...................................................................................... 79\n92 Appointment of conservation officer or honorary conservation\nofficer ............................................................................................. 79\n93 Conservation officers, &c., ex officio.............................................. 80\n\nTerritory Parks and Wildlife Conservation Act 1976 vi\n93A Function of conservation officers and honorary conservation\nofficers ........................................................................................... 80\n93B Powers of conservation officers and honorary conservation\nofficers ........................................................................................... 80\n93C Compliance with Director's directions by officers ........................... 82\n94 Identity cards ................................................................................. 82\n95 Conservation officers have powers of constables.......................... 82\n96 Search of premises and persons ................................................... 82\n97 Power to inspect permits ............................................................... 86\n97A Person to comply with requirements of conservation officer\netc. ................................................................................................. 86\n98 Confiscation and forfeiture ............................................................. 86\n99 Review by NTCAT ......................................................................... 87\n110 Limitation of liability ....................................................................... 88\n111 Recovery of expenses of Commission .......................................... 88\n112 Power to enter land ....................................................................... 88\n113 Authorized destruction of feral animals in park etc. ....................... 89\n114 Making of false statement .............................................................. 90\n115 Averment in relation to parks etc. .................................................. 90\n115A Parties to offences committed outside Territory............................. 90\n115B Liability of permit holders and nominees for actions of others\nunder permit .................................................................................. 91\n115C Conduct of directors, employees and agents................................. 92\n116 Royalties and advance payments etc. ........................................... 92\n117 Fees, charges, etc. ........................................................................ 93\n117A Register ......................................................................................... 94\n118 Offender may be ordered to pay for damage he does ................... 94\n119 Destruction of trespassing animals ................................................ 95\n120 Return or forfeiture of seized articles ............................................. 95\n121 Service of notices .......................................................................... 96\n122 Traditional use of land and water by Aboriginals ........................... 96\n123 Regulations.................................................................................... 96\n124 Acquisition on just terms ................................................................ 98\nPart 11 Transitional matters for Parks and Water\nLegislation Amendment Act 2024\n125 Definitions ...................................................................................... 98\n126 NTCAT review limited to decisions made after commencement.... 98\n127 Appeals not instituted before commencement ............................... 99\n128 Appeals not determined before commencement ........................... 99\n\nTerritory Parks and Wildlife Conservation Act 1976 vii\n\n____________________\nAs in force at 13 September 2025\n____________________\nTERRITORY PARKS AND WILDLIFE CONSERVATION ACT 1976\nAn Act to make provision for and in relation to the establishment of\nTerritory Parks and other Parks and Reserves and the study, protection,\nconservation and sustainable utilisation of wildlife\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Territory Parks and Wildlife\nConservation Act 1976.\n","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) Sections 1 and 2 and Parts V, VI, VII, VIII, IX and X of this Act shall\ncome into operation on a date to be fixed by the Administrator by\nnotice in the Gazette as the date on which those sections come into\noperation.\n(2) The remaining sections of this Act shall come into operation on a\ndate to be fixed by the Administrator by notice in the Gazette as the\ndate on which those remaining sections come into operation.\n","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"3 Repeal\nThe Ordinances listed in Schedule 1 are repealed.\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Transitional","content":"4 Transitional\n(1) Notwithstanding the repeals effected by section 3, the by-laws in\nforce under the National Parks and Gardens Act 1959 immediately\nbefore the commencement of this Act are, in relation to the land in\nrelation to which they operated immediately before the\ncommencement of this Act, as valid and effectual as if when they\nwere made this Act had been in operation and they had been made\nby the Commission under this Act, and they shall continue in force\nbut may be amended or repealed by by-laws made under this Act.\n(2) For the purposes of subsection (1), section 71 empowers the\nCommission to make by-laws in relation to land that, immediately\nbefore the commencement of this Act, was committed to the care,\n\nTerritory Parks and Wildlife Conservation Act 1976 2\ncontrol and management of the Reserves Board under\nsection 13(1) of the National Parks and Gardens Act 1959 as\nthough that land was declared under this Act to be a reserve under\nthe Crown Lands Act 1992.\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Management of land formerly held by Reserves Board","content":"5 Management of land formerly held by Reserves Board\n(1) Notwithstanding the repeals effected by section 3 but subject to this\nAct, land that immediately before the commencement of this Act\nwas committed to the care, control and management of the\nReserves Board under section 13(1) of the National Parks and\nGardens Act 1959 continues to be committed to the care, control\nand management of the Commission as though that Act had not\nbeen repealed but the Commission had, by virtue of this Act,\nassumed the assets, rights and liabilities of the Reserves Board.\n(2) The commission of an area of land, or of a part of an area of land,\nto the Commission may be revoked in like manner to the manner in\nwhich the commission of an area of land or of a part of an area of\nland to the Reserves Board could have been revoked immediately\nbefore the commencement of this Act.\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Protected area under Wildlife Conservation and Control","content":"6 Protected area under Wildlife Conservation and Control\nAct 1962\nWhere, immediately before the commencement of this Act, an area\nof land was a protected area under the Wildlife Conservation and\nControl Act 1962, that area continues to be a protected area as\nthough the declaration was made under this Act but the declaration\nmay be revoked by action taken under this Act.\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Transfer of employees","content":"7 Transfer of employees\n(1) At the commencement of this Act all persons employed by the\nNorthern Territory Reserves Board under the National Parks and\nGardens Act 1959 shall become employees of the Commission on\nthe same terms under which they were employed immediately\nbefore the commencement of this Act.\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Transfer of rights, assets and liabilities","content":"8 Transfer of rights, assets and liabilities\n(1) The rights, assets and liabilities of the Northern Territory Reserves\nBoard existing immediately before the commencement of this Act\nare acquired and accepted by the Commission.\n(2) The Commission shall carry out, complete and give effect to all\ndealings, transactions or matters that the Northern Territory\nReserves Board was required to carry out, complete or give effect\nto at the commencement of this Act as if the Commission were that\nBoard and exercising its powers and functions under the National\n\nTerritory Parks and Wildlife Conservation Act 1976 3\nParks and Gardens Act 1959.\n(3) All documents and things existing at the commencement of this Act\nand executed by or signed on behalf of the Northern Territory\nReserves Board shall be construed as if those documents or things\nwere executed by or signed on behalf of the Commission, and all\nreferences in those documents or things to the Northern Territory\nReserves Board shall be read as references to the Commission.\n(4) Notwithstanding any law of the Territory, the Registrar-General\nshall, after the commencement of this Act, without other authority\nthan this Act, upon application by the Commission, amend all\nreferences in the registers kept under the Land Title Act 2000 to the\nNorthern Territory Reserves Board, to read as references to the\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Interpretation","content":"9 Interpretation\n(1) In this Act:\nAboriginal means a member of the Aboriginal race of Australia.\nAboriginal corporation means a corporation registered under the\nCorporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth).\nAboriginal land has the same meaning as in the Aboriginal Land\nRights (Northern Territory) Act 1976.\nAboriginal Land Council means the Aboriginal Land Council\nestablished under section 21 of the Aboriginal Land Rights\n(Northern Territory) Act 1976 for the area that contains the\nparticular area of Aboriginal land.\nAboriginal ranger means a person employed within an Aboriginal\nranger group by an Aboriginal corporation or a Land Council.\nAboriginal tradition has the same meaning as in the Aboriginal\nLand Rights (Northern Territory) Act 1976 of the Commonwealth.\naircraft means a machine or apparatus that can derive support in\nthe atmosphere from the reactions of the air or from buoyancy, and\nincludes a glider or hang-glider but does not include a hovercraft.\nALRA, for Part 3, see section 22(1).\nanimal means a member of the animal kingdom other than man,\nwhether dead or alive, and includes:\n(a) vertebrates;\n\nTerritory Parks and Wildlife Conservation Act 1976 4\n(b) invertebrates;\n(c) protistans;\n(d) the progeny of an animal, including larvae, pupae, an animal\nin an egg or any other embryonic form;\n(e) a part of an animal, including an exudate, a secretion or\nreproductive material; and\n(f) a chemical or other extract derived from an animal.\narea of essential habitat means an area of land declared to be an\narea of essential habitat under section 37.\narticle includes a substance or a mixture of substances.\nauthorising body means a Land Council, Land Trust, Aboriginal\ncorporation, traditional Aboriginal owner, or other entity or person\nthat has the legal authority to determine where an Aboriginal ranger\ncan exercise their powers.\nclassification means a classification of the conservation status of\nwildlife prescribed under section 28(1).\ncommercial purpose, in relation to an animal or plant, means the\nkeeping, breeding, displaying, moving or other dealing with or use\nof the animal or plant for the purposes of selling, trading or\nbartering with the animal or plant or of otherwise earning a\nlivelihood or making a profit, and includes the use of the animal or\nplant for scientific purposes.\nCommission means the Commission within the meaning of the\nParks and Wildlife Commission Act 1980.\ncommunity living area, for Part 3, see section 22(1).\nconservation officer means a person appointed to be a\nconservation officer under section 92.\nco-operative management agreement means an agreement\nentered into by the Commission under section 35.\nCorporation means the Conservation Land Corporation within the\nmeaning of the Parks and Wildlife Commission Act 1980.\nCrown land means land:\n(a) held by the Territory for an estate in fee simple; or\n\nTerritory Parks and Wildlife Conservation Act 1976 5\n(b) in respect of which neither a lease granted by the Territory is\nin force nor an estate in fee simple has been granted by the\nDirector means the Director within the meaning of the Parks and\nWildlife Commission Act 1980.\nferal animal means a species of animal or an animal of a species\nof animal that is declared to be a feral animal under section 47.\nFramework Act means the Parks and Reserves (Framework for\nthe Future) Act 2003.\nhonorary conservation officer means:\n(a) a person appointed to be an honorary conservation officer\nunder section 92; or\n(b) a person who is an honorary conservation officer by virtue of\nsection 93.\nhovercraft means a vehicle designed to be supported on a cushion\nof air.\nindigenous land use agreement, for Part 3, see section 22(1).\nindigenous to Australia, in relation to animals or plants, includes:\n(a) migratory animals that periodically or occasionally migrate to\nor visit Australia or the coastal waters of Australia; and\n(b) animals or plants introduced into Australia (including the\ncoastal waters of Australia), directly or indirectly, by\nAboriginals before the year 1788.\nindigenous to the Territory, in relation to animals or plants,\nincludes:\n(a) migratory animals that periodically or occasionally visit the\nTerritory or the coastal waters within the jurisdictional limits of\nthe Territory; and\n(b) animals or plants introduced into the Territory (including the\ncoastal waters of the Territory), directly or indirectly, by\nAboriginals before the year 1788.\n\nTerritory Parks and Wildlife Conservation Act 1976 6\ninterfere with, in relation to an animal or a plant, means to:\n(a) harm, disturb, alter the behaviour of or otherwise affect the\ncapacity of the animal or plant to perform its natural\nprocesses; or\n(b) damage or destroy the habitat of the animal or plant.\njoint management, for Part 3, see section 22(1).\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\njoint management park or reserve means:\n(a) a scheduled park or reserve; or\n(b) a park or reserve for which a joint management agreement\nhas been executed under section 23A(1).\njoint management partners, for Part 3, see section 22(1).\njoint management plan, for Part 3, see section 22(1).\nland includes the sea above any part of the sea bed of the\nLand Council, for a park or reserve, means the Land Council\n(within the meaning of the Aboriginal Land Rights (Northern\nTerritory) Act 1976) for the part of the Territory in which the park or\nreserve is located.\nland owner includes a person who is a lessee of, or holds any\nother interest in, land.\nLand Trust means an Aboriginal Land Trust established under the\nAboriginal Land Rights (Northern Territory) Act 1976 or a Park Land\nTrust established under the Framework Act.\nmanagement program means a wildlife management program, or\na management program in respect of feral animals or prohibited\nentrants, formulated and implemented under section 32.\nmember means a member of the Commission.\nminerals means:\n(a) any of the minerals mentioned in section 9 of the Mineral\nTitles Act 2010; or\n\nTerritory Parks and Wildlife Conservation Act 1976 7\n(ab) any of the extractive minerals mentioned in section 10 of the\nMineral Titles Act 2010; or\n(b) petroleum, within the meaning of the Petroleum Act 1984; or\n(c) petroleum, within the meaning of the Petroleum (Submerged\nLands) Act 1981.\nmining interest, except for Part 3, means:\n(a) a mineral title as defined in section 11(1) of the Mineral Titles\nAct 2010; or\n(ab) a non-compliant existing interest as defined in section 204(1)\nof the Mineral Titles Act 2010; or\n(b) a licence or permit, within the meaning of the Petroleum Act,\nor a licence or permit granted under the Petroleum\n(Prospecting and Mining) Act 1954-1981 and kept in force by\nvirtue of section 119 of the Petroleum Act 1984; or\n(c) an access authority, special prospecting authority, lease,\nlicence or permit, within the meaning of the Petroleum\n(Submerged Lands) Act 1981.\nmining interest, for Part 3, see section 22(1).\noperations for the recovery of minerals includes prospecting or\nexploration for minerals.\npark means a park declared under section 12.\npermit means a permit granted under section 56.\npetroleum interest, for Part 3, see section 22(1).\nPlace Names Committee means the Place Names Committee for\nthe Northern Territory established under the Place Names\nAct 1967.\nplan of management means a plan of management in force under\nsection 18.\nplant means a member of the plant kingdom or the fungus\nkingdom, whether dead or alive, and includes:\n(a) algae and lichen;\n(b) procaryotes;\n(c) a virus and a virus like particle;\n\nTerritory Parks and Wildlife Conservation Act 1976 8\n(d) the seeds, pollen or spores of a plant or a plant at any other\nstage of its life history;\n(e) a part of a plant including an exudate or a secretion; and\n(f) a chemical or other extract derived from a plant.\nPolice Force or Police Force of the Territory means the Police\nForce of the Northern Territory within the meaning of the Police\nAdministration Act 1978.\nprivate land means any land which is not Crown land.\nprogeny means the offspring of an animal and includes live ova\nand live sperm and an animal in an egg or in an embryonic form.\nprohibited entrant means a species of animal or plant or an\nanimal of a species of animal or a plant of a species of plant that is\na prohibited entrant under section 52 or 53.\nprotected wildlife means a species of wildlife or an animal or plant\nof a species of wildlife that is protected wildlife under section 43.\nrelevant agreements, for Part 3, see section 22(1).\nreserve means a reserve declared under section 12.\nsanctuary means a sanctuary declared by or under section 25A.\nscheduled park or reserve:\n(a) means a park or reserve specified in Schedule 1, 2 or 3 to the\nFramework Act; and\n(b) if an area of land specified in Schedule 5 to that Act is\ndeclared under section 12 to be included in a park or reserve\nspecified in Schedule 1 to that Act – includes that area of land.\nState means a State of Australia.\nsustainable use, in relation to wildlife, means the taking or using of\nwildlife at a level that is capable of being continued without\nendangering the capacity of the wildlife to maintain itself and\nsustain its natural processes.\ntake means:\n(a) in relation to an animal – to hunt, catch, restrain or kill, or\nattempt or assist to hunt, catch, restrain or kill, the animal; and\n\nTerritory Parks and Wildlife Conservation Act 1976 9\n(b) in relation to a plant – to sever, remove, damage or destroy, or\nassist to sever, remove, damage or destroy, the plant.\nthis Act includes the Regulations.\nthreatened wildlife means a species of wildlife or an animal or\nplant of a classification or species of wildlife that the Minister\nidentifies as threatened wildlife under section 30.\ntraditional Aboriginal owners, of a park or reserve, means:\n(a) the traditional Aboriginal owners, within the meaning of the\nAboriginal Land Rights (Northern Territory) Act 1976, of the\npark or reserve; or\n(b) if there is no person to whom paragraph (a) applies – the\nperson or persons who, by Aboriginal tradition, are\nresponsible for making decisions about the park or reserve.\ntraffic sign means a sign displayed on, above or adjacent to a road\nor public place, being a sign which gives or a combination of signs\nwhich together give a direction to traffic, and includes a mark made\nupon a road.\nunprotected wildlife means a species of wildlife or an animal or\nplant of a species of wildlife that is not protected wildlife.\nvehicle includes a hovercraft.\nvertebrate means an animal that is:\n(a) a mammal;\n(b) a bird;\n(c) a reptile; or\n(d) an amphibian.\nvessel means a ship, boat, raft or pontoon or any other thing\ncapable of carrying persons or goods through or on water, but does\nnot include a hovercraft.\nwilderness zone means a wilderness zone declared under\nsection 12.\nwildlife means:\n(a) animals and plants that are indigenous to Australia;\n\nTerritory Parks and Wildlife Conservation Act 1976 10\n(b) animals and plants that are indigenous to the Australian\ncoastal sea or the sea-bed and subsoil beneath that sea;\n(c) migratory animals that periodically or occasionally visit\nAustralia or the Australian coastal sea;\n(d) animals and plants of a kind introduced into Australia, directly\nor indirectly, by Aboriginals before the year 1788; and\n(e) such other animals and plants as are prescribed.\n(2) In this Act, a reference to the sea-bed includes a reference to the\nsurface of any coral formation, and a reference to the subsoil\nincludes a reference to the coral beneath the surface of any such\nformation.\n(3) In this Act, a reference to public notice is a reference to notice\npublished:\n(a) in the Gazette;\n(b) in a local newspaper, if any, circulating in the area concerned;\nand\n(c) in a newspaper circulating throughout the Territory.\n(3A) In this Act, a reference to a species of wildlife is a reference to a\nspecies, subspecies, population or subpopulation of wildlife, and\nincludes a reference to a hybrid or variant race of a species of\n(4) The Minister may, by notice in the Gazette, declare land to be a\npark or reserve for the purposes of the Petroleum Act 1984,\nPetroleum (Submerged Lands) Act 1981 or section 73 of the\nMineral Titles Act 2010.\n(5) The Minister shall not, under subsection (4), declare land to be a\npark or reserve unless he has the agreement of the minister\nadministering the relevant Act to that land being so declared.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Act binds the Crown","content":"10 Act binds the Crown\nThis Act binds the Crown.\n\nTerritory Parks and Wildlife Conservation Act 1976 11\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Object of this Part","content":"11 Object of this Part\nThe object of this Part is to make provision for the establishment\nand management of parks and reserves appropriate to be\nestablished by the Administrator.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Parks and reserves established by Administrator","content":"12 Parks and reserves established by Administrator\n(1) Subject to this section and to section 14, the Administrator may:\n(a) by notice in the Gazette, declare an area of land to be a park\nor reserve, whether or not a person, other than the Territory,\nholds a right, title or interest, including:\n(i) a right, title or interest (including a lease) held by the\nCorporation; and\n(ii) any native title rights and interests within the meaning of\nthe Native Title Act 1993 of the Commonwealth,\nin respect of the land or a part of the land (including any\nsubsoil);\n(aa) by the same notice in the Gazette, declare that,\nnotwithstanding subsection (7), a right, title or interest held by\nthe Territory in respect of the land, or a part of the land,\n(including any subsoil) within the park or reserve does not, on\nthe declaration of the park or reserve, vest in the Corporation;\nand\n(b) by the same or by another notice in the Gazette, declare the\nwhole or a specified part of the park or reserve to be a\nwilderness zone.\n(1A) Notwithstanding the declaration under subsection (1) of an area of\nland to be a park or reserve, nothing in this Act is to be taken to\naffect or derogate from a right, title or interest, including any native\ntitle rights and interests within the meaning of the Native Title\nAct 1993 of the Commonwealth, held by a person other than the\nTerritory or the Corporation in respect of the land or a part of the\nland (including any subsoil).\n(2) The Commission may, after receiving a report from the Place\nNames Committee, assign a name to a park or reserve or a\nproposed park or proposed reserve.\n\nTerritory Parks and Wildlife Conservation Act 1976 12\n(3) A notice under subsection (1) declaring an area to be a reserve\nmay specify the purpose or purposes for which it is so declared.\n(4) Where a plan of management is in force in relation to a park or\nreserve, a declaration shall not be made under subsection (1) in\nrelation to the park or reserve except in accordance with the plan of\nmanagement.\n(6) Where an area is declared by notice under subsection (1) to be a\npark or reserve:\n(a) the subsoil beneath any land within the area;\n(b) the bed of any stream, lake, inlet or other water within the\narea; and\n(c) the subsoil beneath any such bed,\nexcept in so far as they are, in the notice, expressly declared to be\nnot within that park or reserve, shall be taken to be within that park\n(7) Except where a declaration is made under subsection (1)(aa) in\nrelation to land, on the declaration of a park or reserve under\nsubsection (1), all right, title and interest both legal and beneficial\nheld by the Territory in respect of the land (including any subsoil)\nwithin the park or reserve, but not in respect of any minerals,\nbecomes, by force of this subsection, vested in the Corporation.\n(8) Where any land is acquired by the Territory for the purposes of this\nsection, the Minister shall, as soon as practicable after the\nacquisition, but subject to compliance with section 14, cause the\ncarrying out of that purpose to be submitted for consideration by the\nAdministrator.\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Revocation of parks, reserves or sanctuaries","content":"13 Revocation of parks, reserves or sanctuaries\n(1) Subject to this section and to section 14, the Administrator may, by\nnotice in the Gazette:\n(a) revoke or amend a notice given under section 12; or\n(b) revoke the declaration by or under section 25A of a sanctuary\nor change the boundaries of a sanctuary.\n(2) A notice under subsection (1) by virtue of which any land (including\nany subsoil) or sea ceases to be land or sea within a park or\nreserve or within a sanctuary or a wilderness zone shall not be\ngiven except in accordance with a resolution passed by the\nLegislative Assembly.\n\nTerritory Parks and Wildlife Conservation Act 1976 13\n(3) If, by virtue of a notice given under subsection (1), any land, other\nthan land leased by the Corporation as lessee, ceases to be land\nwithin a park or reserve, all right, title and interest held by the\nCorporation in respect of that land becomes, by force of this\nsubsection, vested in the Territory.\n(4) If, by virtue of a notice given under subsection (1), any land leased\nby the Corporation as lessee ceases to be land within a park or\nreserve, the lease of that land is, by force of this subsection,\nsurrendered.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Report by Commission","content":"14 Report by Commission\n(1) The Administrator shall not publish a notice under section 12, 13\nor 25A except after consideration by the Administrator of a report by\nthe Commission in relation to the matter dealt with by the notice.\n(2) Before submitting a report under subsection (1) in relation to\nprescribed land, the Commission shall:\n(a) by public notice:\n(i) state the nature of the report and of any\nrecommendations proposed to be made in the report;\n(ii) invite interested persons to make representations in\nconnection with the report by such date, not being less\nthan 60 days after the date of publication of the notice in\nthe Gazette, as is specified in the notice; and\n(iii) specify an address to which such representations may\nbe forwarded; and\n(b) give due consideration to any representations so made,\nand, when submitting the report, it shall attach to the report any\nrepresentations so made, together with its comments on those\nrepresentations.\n(3) In this section, prescribed land means land other than land which,\nat the date of the report in relation to that land required by\nsubsection (1) or at any time before the date of that report:\n(a) was:\n(i) a park, reserve or conservation or wilderness zone\nwithin the meaning of the National Parks and Wildlife\nConservation Act 1975 of the Commonwealth;\n(ii) a park, reserve, protected area or sanctuary; or\n\nTerritory Parks and Wildlife Conservation Act 1976 14\n(iii) committed to the care, control and management of the\n(b) was land which the Governor-General or the Administrator\nhad purported to declare to be such a park, reserve,\nwilderness or conservation zone, protected area or sanctuary;\nor\n(c) was land which the Administrator had purported to commit to\nthe care, control and management of the Reserves Board\nunder the National Parks and Gardens Act 1959.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Restriction on disposal","content":"16 Restriction on disposal\n(1) Notwithstanding this Act (subsection (2) excepted) and any other\nlaw of the Territory, no right, title or interest held by the Corporation\nin respect of land within a park or reserve shall be sold, leased or\notherwise disposed of.\n(2) Where the plan of management relating to a park or reserve so\nprovides, the Corporation may grant leases of, or licences in\nrespect of, land in that park or reserve in accordance with the plan\nof management.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Mining, works, forestry, etc. in parks, reserves and wilderness","content":"17 Mining, works, forestry, etc. in parks, reserves and wilderness\nzones\n(1AA) This section does not apply in relation to a joint management park\nor reserve or a wilderness zone in a joint management park or\nSee Part 3, Division 4A in relation to the use and development of joint\nmanagement parks and reserves.\n(1) Subject to subsection (2), this section has effect notwithstanding\nany law of the Territory.\n(2) Nothing in this section prevents the carrying out in a park or reserve\nor in a wilderness zone of:\n(a) the exploration for, or recovery or processing of, minerals\nunder and in accordance with the conditions of a mining\ninterest; or\n(b) an activity permitted, or the exercising of a right or power\nconferred or continued in force, by or under the Mineral Titles\nAct 2010, the Petroleum Act 1984 or section 18A of the\nPetroleum (Submerged Lands) Act 1981 in relation to a mining\n\nTerritory Parks and Wildlife Conservation Act 1976 15\n(3) Subject to subsections (4) and (5), the following activities may not\nbe carried out in a park or reserve except in accordance with the\nplan of management for the park or reserve or an authorisation\ngranted under section 21A for the park or reserve:\n(d) felling or taking of timber.\n(4) The Commission may carry out an activity mentioned in\nsubsection (3) in a park or reserve if doing so is not inconsistent\nwith the plan of management for the park or reserve.\n(5) If no plan of management is in force in relation to a park or reserve,\nsubsection (3) does not prevent the Commission from carrying out\nan activity mentioned in subsection (3) in the park or reserve\nprovided that the activity is not inconsistent with the objectives\nmentioned in section 18(5).\n(6) A wilderness zone shall be maintained in its natural state and shall\nbe used only for purposes specified in the plan of management\nrelating to the wilderness zone, but this subsection does not prohibit\nanything done by the Commission in accordance with\nsubsection (7).\n(7) Despite subsections (3), (4) and (5), the following may only be\ncarried out in a wilderness zone by the Commission in accordance\nwith the plan of management relating to the wilderness zone or for\npurposes essential to the management of the park or reserve in\nwhich the wilderness zone is located:\n(d) felling or taking of timber;\n(e) establishment of tracks;\n(f) use of a vehicle, aircraft or vessel.\n\nTerritory Parks and Wildlife Conservation Act 1976 16\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Plans of management","content":"18 Plans of management\n(1AA) This section does not apply in relation to a joint management park\nSee Part 3, Division 4 for provisions about joint management plans for joint\nmanagement parks and reserves.\n(1) As soon as practicable after a park or reserve has been declared,\nthe Commission shall prepare a plan of management in respect of\nthat park or reserve taking into account such public opinion as is\nknown to it.\n(2) The plan of management may include provisions in relation to an\narea that is proposed to be added to the park or reserve, but those\nprovisions shall not have effect until the area is added to the park or\n(3) The plan of management shall set out a detailed description of the\nmanner in which it is proposed to manage the park or reserve and\nshall include:\n(a) a general description of any existing or proposed buildings,\nstructures, facilities or other development; and\n(b) a detailed description of any excavation, works or other\noperations, other than excavation, works or other operations\nrelating to mining interests, that may be carried on,\nin the park or reserve.\n(4) Where a plan of management provides for excavation, works or\nother operations, other than excavation, works or other operations\nrelating to a mining interest, it shall set out the conditions, if any,\nthat are to be applicable.\n(5) In the preparation of the plan of management, regard shall be had\nto the following objects:\n(a) in the case of a park – the encouragement and regulation of\nthe appropriate use, appreciation and enjoyment of the park\nby the public;\n(b) in the case of a reserve – the regulation of the use of the\nreserve for the purpose for which it was declared;\n\nTerritory Parks and Wildlife Conservation Act 1976 17\n(c) the preservation of the park or reserve in its natural condition\nand the protection of its special features, including objects and\nsites of biological, historical, palaeontological, archaeological,\ngeological and geographical interest;\n(d) the protection, conservation and management of wildlife within\nthe park or reserve; and\n(e) the protection of the park or reserve against damage.\n(5A) Notwithstanding anything in subsection (5), a plan of management\nmay propose the use of a particular part or parts of a park or\nreserve for a purpose which involves restricting public access\nthereto.\n(6) The plan of management may provide for the division of the park or\nreserve into zones and set out the conditions under which each\nzone shall be kept and maintained.\n(7) When the Commission has prepared the plan of management, it\nshall, by public notice:\n(a) state that the plan has been prepared;\n(b) invite interested persons to make representations in\nconnection with the plan by such date, not being less than one\nmonth after the date of publication of the notice in the Gazette,\nas is specified in the notice;\n(c) specify an address or addresses at which copies of the plan\nmay be inspected or purchased; and\n(d) specify an address to which representations in connection with\nthe plan may be forwarded.\n(8) A person may, not later than the date specified in the notice, make\nrepresentations to the Commission in connection with the plan of\nmanagement, and the Commission shall give due consideration to\nany representations so made and, if it thinks fit, alter the plan\naccordingly.\n(9) The Commission shall thereupon forward to the Minister for\npresentation to the Administrator:\n(a) the plan of management; and\n(b) if representations have been made under subsection (8) –\nthose representations, together with the comments of the\nCommission on those representations.\n\nTerritory Parks and Wildlife Conservation Act 1976 18\n(10) The Administrator may accept the plan of management as so\nsubmitted or after making such alterations as the Administrator\nthinks fit.\n(11) Where the Administrator makes alterations to a plan of\nmanagement under subsection (10), the Administrator shall prepare\na report specifying the alterations, and the report shall accompany\nthe plan when it is laid before the Legislative Assembly under\nsection 19.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Plan of management to be laid before Assembly","content":"19 Plan of management to be laid before Assembly\n(1) The Minister shall, as soon as practicable after a plan of\nmanagement has been accepted under section 18, cause it to be\nlaid before the Legislative Assembly.\n(2) The Legislative Assembly may in pursuance of a motion, notice of\nwhich is given within 7 sitting days after the plan of management\nhas been laid before it, pass a resolution disallowing the plan of\nmanagement.\n(3) If the Legislative Assembly does not pass a resolution in\naccordance with subsection (2) disallowing the plan of\nmanagement, the plan of management comes into operation on the\nday immediately following the last day upon which such a resolution\ncould have been passed.\n(4) If, before the expiration of 7 sitting days after the plan of\nmanagement has been laid before 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 expiry or prorogation, as\nthe case may be.\n(5) If the Legislative Assembly passes a resolution in accordance with\nsubsection (2) disallowing the plan of management, the\nAdministrator shall direct the Commission to prepare a fresh plan of\nmanagement and the Commission shall thereupon reconsider the\nmatter and prepare a fresh plan of management, and for that\npurpose section 18 applies accordingly.\n(6) As soon as practicable after a plan of management has come into\noperation, the Minister shall publish a notice in the Gazette and in\nsuch newspapers as he thinks fit, stating that the plan of\n\nTerritory Parks and Wildlife Conservation Act 1976 19\nmanagement has come into operation and specifying an address or\naddresses where copies of the plan of management may be\ninspected or purchased.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Amendment or revocation of plan of management","content":"20 Amendment or revocation of plan of management\n(1) The Commission may at any time amend a plan of management,\nand section 18, exclusive of subsections (1), (7) and (8), and\nsection 19 apply in relation to any such amendment in like manner\nas they apply in relation to a plan of management.\n(2) A plan of management in respect of a park or reserve may be\nrevoked by a new plan of management in respect of that park or\nreserve, but the revocation shall not take effect until the new plan\ncomes into operation.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Compliance with plan of management","content":"21 Compliance with plan of management\nWhile a plan of management is in force, the Commission and the\nCorporation shall perform their duties and functions and exercise\ntheir powers in relation to the park or reserve to which the plan\nrelates in accordance with that plan and not otherwise.\n","sortOrder":22},{"sectionNumber":"21A","sectionType":"section","heading":"Use and development of land","content":"21A Use and development of land\n(1) The Commission may authorise the use and development of land in\na park or reserve, other than a joint management park or reserve,\nfor any of the following purposes:\n(a) conservation;\n(b) education;\n(c) hospitality;\n(d) retail;\n(e) tourism;\n(f) Aboriginal community living area;\n(g) any purpose that promotes the protection or presentation of\nthe park or reserve.\n(2) The use and development of land may be authorised under this\nsection if:\n(a) there is no plan of management in force in respect of the land;\nor\n\nTerritory Parks and Wildlife Conservation Act 1976 20\n(b) there is a plan of management in force in respect of the land\nand the use and development is not inconsistent with the plan.\n(3) The Commission does not require an authorisation to use and\ndevelop land in a park or reserve for a purpose mentioned in\nsubsection (1).\n(4) This section does not give the Commission the power to authorise\nthe subdivision of land.\nNote for section 21A\nThe use and development of land include a wide variety of activities, including\nconstructing campgrounds, roads and structures and other activities that alter\n","sortOrder":23},{"sectionNumber":"21B","sectionType":"section","heading":"Application for authorisation","content":"21B Application for authorisation\n(1) A person may apply to the Commission for authorisation to use and\ndevelop land in a park or reserve, other than a joint management\npark or reserve, for any purpose specified in section 21A(1).\n(2) An application under subsection (1) must be:\n(a) in a form approved by the Commission; and\n(b) accompanied by any fee determined by the Commission.\n","sortOrder":24},{"sectionNumber":"21C","sectionType":"section","heading":"Factors relevant to authorisation","content":"21C Factors relevant to authorisation\n(1) Before deciding whether to authorise a use or development under\nsection 21A, the Commission must consider the following:\n(a) the alternative uses and developments of the land;\n(b) the ecological sustainability of the affected environment;\n(c) the principles of management mentioned in section 31;\n(d) the protection of biological diversity of the affected land;\n(e) any plan of management in force in respect of the land;\n(f) the public interest;\n(g) the views of traditional owners or native title holders of the\naffected land;\n(h) any other matters the Commission considers relevant.\n(2) The Commission must not authorise any use or development of\nland that is inconsistent with any plan of management of the land.\n\nTerritory Parks and Wildlife Conservation Act 1976 21\n(3) Unless justified in the circumstances, the Commission must not\nauthorise a person found guilty of an offence related to the\nenvironment, wildlife or the use or development of land within the\n5 year period immediately before the person applies for the\n(4) An authorisation must be in a form approved by the Commission.\n","sortOrder":25},{"sectionNumber":"21D","sectionType":"section","heading":"Terms and conditions of authorisation","content":"21D Terms and conditions of authorisation\n(1) An authorisation under section 21A is subject to any terms and\nconditions specified by the Commission.\n(2) It is a condition of an authorisation that the holder of the\nauthorisation and each person employed or otherwise engaged by\nthe holder of the authorisation complies with the authorisation and\n(3) In the event of an inconsistency between this Act and a term or\ncondition of an authorisation imposed by the Commission, the Act\nprevails.\n","sortOrder":26},{"sectionNumber":"21E","sectionType":"section","heading":"Variation of authorisation","content":"21E Variation of authorisation\n(1) The Commission may, by written notice to the holder of an\nauthorisation under section 21A, vary a term or condition of the\nauthorisation if it considers it appropriate.\n(2) The variation may be made on:\n(a) the Commission's own initiative; or\n(b) the application by the holder of an authorisation to the\n(3) An application under subsection (2)(b) must be in a form approved\nby the Commission.\n(4) A variation may add, substitute or delete a term or condition of an\n(5) A variation of an authorisation takes effect on the later of the\n(b) the date specified in the notice.\n\nTerritory Parks and Wildlife Conservation Act 1976 22\n","sortOrder":27},{"sectionNumber":"21F","sectionType":"section","heading":"Cancellation of authorisation","content":"21F Cancellation of authorisation\n(1) The Commission may, by written notice to the holder of an\nauthorisation under section 21A, cancel the authorisation if the\nholder of the authorisation:\n(a) fails to pay a fee or royalty required under the authorisation; or\n(b) is found guilty of an offence against this Act or a regulation or\nby-law made under this Act; or\n(c) pays a prescribed amount under an infringement notice issued\nunder the regulations or by-laws; or\n(d) contravenes any term or condition of the authorisation; or\n(e) requests in writing that the authorisation be cancelled.\n(2) The cancellation of an authorisation takes effect on the date\n","sortOrder":28},{"sectionNumber":"21G","sectionType":"section","heading":"Transfer of authorisation","content":"21G Transfer of authorisation\n(1) The Commission may approve the transfer of an authorisation\nunder section 21A.\n(2) The holder of an authorisation may apply to the Commission, to\napprove the transfer of the authorisation, in a form approved by the\n(3) A transfer of an authorisation takes effect on the later of the\n(a) the date the notice of the transfer is served on the holder of\n(b) the date specified for that purpose in the notice.\n","sortOrder":29},{"sectionNumber":"21H","sectionType":"section","heading":"Compliance with authorisation","content":"21H Compliance with authorisation\n(1) The following persons must not contravene an authorisation under\nsection 21A:\n(a) the holder of the authorisation;\n(b) a person employed or otherwise engaged by the holder of the\nauthorisation to use or develop land in a park or reserve under\nthe authorisation.\n\nTerritory Parks and Wildlife Conservation Act 1976 23\n","sortOrder":30},{"sectionNumber":"21J","sectionType":"section","heading":"Offence for using or undertaking development unless","content":"21J Offence for using or undertaking development unless\npermitted\n(1AA) Subsection (1) does not apply in relation to land that is in a joint\nmanagement park or reserve.\nSee section 25AKJ for an equivalent offence for joint management parks and\nreserves.\n(1) A person must not use or develop land in a park or reserve unless\nauthorised or otherwise permitted under this Act or the by-laws.\n","sortOrder":31},{"sectionNumber":"Part 3","sectionType":"part","heading":"Joint management of certain parks and","content":"Part 3 Joint management of certain parks and\n","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Interpretation","content":"22 Interpretation\n(1) In this Part:\nALRA means the Aboriginal Land Rights (Northern Territory)\nAct 1976 (Cth).\ncommunity living area means an area of land identified for use as\nan Aboriginal community living area.\nindigenous land use agreement, see section 253 of the Native\nTitle Act 1993 (Cth).\njoint management, of a park or reserve, means management of\nthe park or reserve by the joint management partners.\njoint management partners, for a park or reserve, has the\nmeaning in section 25AA(1).\njoint management plan, for a park or reserve, means the joint\nmanagement plan for the park or reserve as amended and in force\nfrom time to time under Division 4.\n\nTerritory Parks and Wildlife Conservation Act 1976 24\nmining interest means:\n(a) a mineral title as defined in section 11(1) of the Mineral Titles\nAct 2010; or\n(b) a non-compliant existing interest as defined in section 204(1)\nof the Mineral Titles Act 2010.\npetroleum interest has the same meaning as in the Petroleum\nAct 1984.\nrelevant agreements means:\n(a) for a scheduled park or reserve – the following leases and\nagreements entered into in respect of the park or reserve:\n(i) the joint management agreement referred to in\nsection 8(d) of the Framework Act;\n(ii) any lease referred to in section 8(c) or 10(1)(f) of the\nFramework Act;\n(iii) any indigenous land use agreement referred to in\nsection 8(e) of the Framework Act; and\n(b) for a park or reserve for which a joint management agreement\nhas been executed under section 23A(1):\n(i) the joint management agreement; and\n(ii) any lease and indigenous land use agreement entered\ninto in respect of the park or reserve.\n(2) A reference in this Part to the decision making processes of the\ntraditional Aboriginal owners of a park or reserve is a reference to\nthe decision making processes of those owners as described in\nsection 77A(a) and (b) of ALRA.\n","sortOrder":33},{"sectionNumber":"23","sectionType":"section","heading":"Relationship with other provisions of Act","content":"23 Relationship with other provisions of Act\nIf there is an inconsistency between a provision of this Part and\nanother provision of this Act, to the extent of the inconsistency, the\nprovision of this Part applies and the other provision does not apply.\n\nTerritory Parks and Wildlife Conservation Act 1976 25\n","sortOrder":34},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Joint management agreements","content":"Division 1A Joint management agreements\n","sortOrder":35},{"sectionNumber":"23A","sectionType":"section","heading":"Minister may execute joint management agreement","content":"23A Minister may execute joint management agreement\n(1) The Minister may execute, on behalf of the Territory, a joint\nmanagement agreement:\n(a) for a park or reserve; or\n(b) for a park or reserve and an area of land adjoining the park or\n(2) The terms of the joint management agreement must provide that\naccess to the park or reserve, and any adjoining area of land to\nwhich the agreement relates, is to be open to the public without\npayment of an entry fee.\n","sortOrder":36},{"sectionNumber":"24","sectionType":"section","heading":"Minister may redeclare parks and reserves","content":"24 Minister may redeclare parks and reserves\n(1) This section applies to an area of land (a relevant area) declared to\nbe a park or reserve by a section 12 declaration.\n(2) If the park or reserve for a relevant area is a scheduled park or\nreserve, the Minister may, by a single Gazette notice:\n(a) revoke the declaration, or purported declaration, for the\nrelevant area; and\n(b) declare the relevant area to be a park or reserve, provided\nthat:\n(i) any part of the relevant area to be used for any of the\nfollowing purposes may be excluded from the\ndeclaration:\n(A) public road or road reserve;\n(B) other corridor for transport;\n(C) supply of a utility;\n(D) Aboriginal community living area; and\n\nTerritory Parks and Wildlife Conservation Act 1976 26\n(ii) any other area of land may be included in the declaration\nif the other area of land adjoins the relevant area and is\neither of the following:\n(A) the subject of an indigenous land use agreement\nunder which it is agreed the other area of land will\nbe granted to a Land Trust and leased to the\nTerritory for the purposes of a park or reserve;\n(B) described as part of the scheduled park or reserve\nin Schedule 1, Part 5 of ALRA.\n(3) If the park or reserve for a relevant area is not a scheduled park or\nreserve but the joint management partners have executed a joint\nmanagement agreement for the park or reserve (whether or not the\nagreement relates to other land adjoining the park or reserve) the\nMinister may, by a single Gazette notice:\n(a) revoke the declaration, or purported declaration, for the\nrelevant area; and\n(b) declare the relevant area to be a park or reserve, provided\nthat:\n(i) any part of the relevant area to be used for any of the\nfollowing purposes may be excluded from the\ndeclaration:\n(A) public road or road reserve;\n(B) other corridor for transport;\n(C) supply of a utility;\n(D) Aboriginal community living area; and\n(ii) any other area of land to which the joint management\nagreement relates may be included in the declaration.\n(4) The powers under subsections (2) and (3) may be exercised only\nonce in relation to each park or reserve.\n(5) A revocation under subsection (2)(a) or (3)(a) has effect as if it were\na revocation under section 13.\n(6) A declaration under subsection (2)(b) or (3)(b) has effect as if it\nwere the declaration of a park or reserve under section 12.\n\n","sortOrder":37},{"sectionNumber":"Div 3","sectionType":"division","heading":"Joint management partners, objective and principles","content":"Division 3 Joint management partners, objective and principles\nTerritory Parks and Wildlife Conservation Act 1976 27\n(7) In this section:\nsection 12 declaration means a declaration or purported\ndeclaration, in force or purportedly in force under section 12\nimmediately before the commencement of this Part.\nutility means communications, electricity, gas or water.\n","sortOrder":38},{"sectionNumber":"25","sectionType":"section","heading":"Section 12 continues to apply to land in Schedule 5","content":"25 Section 12 continues to apply to land in Schedule 5\nTo remove doubt, section 12 continues to apply in relation to a\ndeclaration that an area of land specified in Schedule 5 to the\nFramework Act is included in a park or reserve specified in\n","sortOrder":39},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"to that Act.","content":"Schedule 1 to that Act.\nDivision 3 Joint management partners, objective and\nprinciples\n25AA Joint management partners\nreserve are:\n(a) the Territory or a body nominated by the Territory as the\nrepresentative of the Territory; and\n(b) the traditional Aboriginal owners of the park or reserve.\n(2) The joint management partners are together responsible for the\nmanagement of the park or reserve.\n(3) The joint management partners must perform their functions under\nthis Part in respect of the park or reserve in a manner that:\n(a) is consistent with the relevant agreements for the park or\nreserve; and\n(b) achieves the objective stated in section 25AB; and\n(c) is in accordance with the principles stated in section 25AC;\nand\n(d) is in accordance with the joint management plan for the park\n25AB Objective of joint management\nThe objective of joint management of a joint management park or\nreserve is to jointly establish an equitable partnership to manage\nand maintain the park or reserve as part of a comprehensive and\n\nTerritory Parks and Wildlife Conservation Act 1976 28\nrepresentative system of parks and reserves in the Territory and for\nthe following purposes:\n(a) benefiting both the traditional Aboriginal owners of the park or\nreserve and the wider community;\n(b) protecting biological diversity;\n(c) serving visitor and community needs for education and\nenjoyment.\n25AC Principles of joint management\nThe objective is to be achieved by managing the park or reserve in\naccordance with the following principles:\n(a) recognising, valuing and incorporating Aboriginal culture,\nknowledge and decision making processes;\n(b) utilising the combined land management skills and expertise\nof both joint management partners;\n(c) recognising and addressing the need for institutional support\nand capacity building of the joint management partners;\n(d) recognising that community living areas in or in close proximity\nto parks and reserves are an integral part of the natural and\ncultural resource management of parks and reserves;\n(e) involving continuing statutory responsibilities and functions of\nthe Minister with respect to parks and reserves;\n(f) managing parks and reserves may include cooperative\nmanagement agreements for areas of land outside parks and\nreserves;\n(g) establishing a process for the consideration of applications for\nmining and petroleum.\n25AD Preparation of draft plan\n(1) As soon as practicable after a joint management park or reserve\nhas been declared under section 12 or redeclared under section 24,\nthe joint management partners must agree on and together prepare\na draft joint management plan for the park or reserve.\n\nTerritory Parks and Wildlife Conservation Act 1976 29\n(2) After preparing the draft plan, the joint management partners must\npublish a notice in the Gazette:\n(a) stating that the draft plan has been prepared;\n(b) inviting interested persons to make submissions about the\ndraft plan on or before the specified date, which must be at\nleast one month after the date on which the notice is\npublished;\n(c) stating where a copy of the draft plan may be inspected or\npurchased; and\n(d) stating where submissions about the plan may be forwarded.\n(3) The joint management partners must consider all submissions\nreceived in accordance with the invitation and, as a result, may\nmodify the draft plan as they consider appropriate.\n(4) After complying with subsection (3), the joint management partners\nmust forward the draft plan to the Minister.\n25AE Contents of draft plan\n(1) The draft plan for the park or reserve must be consistent with the\n(a) the relevant agreements for the park or reserve;\n(b) the objective stated in section 25AB;\n(c) the principles stated in section 25AC.\n(2) The draft plan must contain the following:\n(a) a description of the traditional Aboriginal owners of the park or\n(b) practicable ways for those owners to work with local\nconservation officers, including the establishment of executive\nand other committees where appropriate to ensure the\nprocesses referred to paragraph (c) are adhered to;\n(c) processes for the matters listed in subsection (3).\n(3) The draft plan must contain processes for the following:\n(a) identifying the natural and cultural values of the park or\n\nTerritory Parks and Wildlife Conservation Act 1976 30\n(b) managing sites of Aboriginal spiritual or cultural significance in\n(c) identifying visitor management issues and developing agreed\nprocedures for dealing with those issues that reflect the\ninterests of the traditional Aboriginal owners and of the other\nstakeholders in the park or reserve;\n(d) approving the siting of works and facilities in the park or\n(e) identifying management zones in, and management regimes\nfor, the park or reserve;\n(f) developing relevant training and employment strategies in\nrelation to the park or reserve;\n(g) establishing community living areas in or in close proximity to\nthe park or reserve as an integral part of the natural and\ncultural resource management of the park or reserve;\n(h) dealing with commercial and infrastructure development in the\npark or reserve, giving preference to the traditional Aboriginal\nowners of the park or reserve;\n(i) resolving disputes about the management of the park or\nreserve at the local level and by means that are appropriate to\n(j) subject to section 25AJ, providing for hunting and the use of\nother resources in the park or reserve by the traditional\nAboriginal owners in a manner consistent with the effective\nmanagement of the park or reserve;\n(k) considering proposals for the conduct of research in or about\n(l) considering proposals for the expansion of the park or\n(m) dealing with proposals not otherwise dealt with in the draft\nplan.\n25AF Minister to table draft plan in Legislative Assembly\n(1) As soon as practicable after receiving the draft plan forwarded\nunder section 25AD, the Minister must table the draft plan in the\nLegislative Assembly.\n\nTerritory Parks and Wildlife Conservation Act 1976 31\n(2) Section 19(2) to (5) (inclusive) applies in relation to the draft plan as\nif:\n(a) a reference to a plan of management were a reference to the\ndraft plan;\n(b) a reference to the Administrator were a reference to the\nMinister;\n(c) a reference to the Commission were a reference to the joint\nmanagement partners; and\n(d) a reference to section 18 were a reference to sections 25AD\nand 25AE.\n25AG Notice of plan coming into operation\nAs soon as practicable after a joint management plan comes into\noperation, the Minister must publish, in the Gazette and in the\nnewspapers the Minister considers appropriate, a notice stating:\n(a) that the plan has come into operation; and\n(b) where copies of the plan may be inspected or purchased.\n25AH Amendment or revocation of plan\nreserve may amend the joint management plan for the park or\n(2) Sections 25AD(2) to (4) (inclusive), 25AE, 25AF and 25AG apply in\nrelation to the amendment.\n(3) A joint management plan for a joint management park or reserve\nmay be revoked by another joint management plan for the park or\nreserve, but the revocation does not take effect until that other plan\ncomes into operation.\n25AI Compliance with plan\nThe joint management partners for a joint management park or\nreserve must manage the park or reserve in accordance with the\njoint management plan for the park or reserve.\n25AJ Limitation of rights under section 122\nThe joint management plan for a joint management park or reserve\nmay limit the right of Aboriginals to use the park or reserve (whether\nfor hunting, food gathering or ceremonial or religious purposes) as\n\nTerritory Parks and Wildlife Conservation Act 1976 32\nproperly recognised by section 122, but only to the extent\nnecessary and reasonable for environmental or safety reasons.\n25AK Management of park or reserve before plan comes into\noperation\n(1) This section applies in relation to the management of a joint\nmanagement park or reserve before the first joint management plan\nfor the park or reserve comes into operation.\n(2) The joint management partners must manage the park or reserve:\n(a) on the \"business as usual\" basis articulated in the core\nprinciples agreed between the Northern Land Council, the\nCentral Land Council and the Territory in October 2002 so that\nthe park or reserve can continue to operate normally until the\nfirst joint management plan for the park or reserve comes into\noperation; and\n(b) subject to paragraph (a), in the same manner as the\nCommission (acting with the approval of the Administrator\nunder section 17(5)) would manage another park or reserve\nunder this Act if no plan of management were in force in\nrelation to that other park or reserve.\n(3) Despite subsection (2), the joint management partners and the\nLand Council for the park or reserve may agree on a process to\ndeal with a particular issue, or a particular set of issues, concerning\nthe management of the park or reserve.\nDivision 4A Use and development of joint management parks\nand reserves\n25AKA Carrying out of certain activities on joint management parks\nand reserves\n(1) Subject to subsection (2), this section has effect despite any law of\nthe Territory.\n(2) Nothing in this section prevents the carrying out in a joint\nmanagement park or reserve or in a wilderness zone that is in a\njoint management park or reserve of:\n(a) the exploration for, or recovery or processing of, minerals\nunder and in accordance with the conditions of a mining\ninterest; or\n\nTerritory Parks and Wildlife Conservation Act 1976 33\n(b) an activity permitted, or the exercising of a right or power\nconferred or continued in force, by or under the Mineral Titles\nAct 2010, the Petroleum Act 1984 or section 18A of the\nPetroleum (Submerged Lands) Act 1981 in relation to a mining\n(3) Subject to subsection (4), the following activities may not be carried\nout in a joint management park or reserve except in accordance\nwith the joint management plan for the park or reserve or an\nauthorisation granted under section 25AKB for the park or reserve:\n(d) felling or taking of timber.\n(4) If no joint management plan is in force in relation to a joint\nmanagement park or reserve, subsection (3) does not prevent the\nCommission from preserving or protecting the park or reserve,\nprotecting or conserving wildlife in the park or reserve, controlling\nauthorised scientific research or protecting persons or property in\nthe park or reserve, provided that the activity is not inconsistent with\nthe relevant agreements for the park or reserve.\n(5) A wilderness zone that is in a joint management park or reserve is\nto be maintained in its natural state and must be used only for\npurposes specified in the joint management plan relating to the\nwilderness zone, but this subsection does not prohibit anything\ndone by the Commission in accordance with subsection (6).\n(6) Despite subsection (4), the following may only be carried out in a\nwilderness zone that is in a joint management park or reserve by\nthe Commission in accordance with the joint management plan, the\nrelevant agreements or an authorisation granted under\nsection 25AKB relating to the park or reserve:\n(d) felling or taking of timber;\n(e) establishment of tracks;\n(f) use of a vehicle, aircraft or vessel.\n\nTerritory Parks and Wildlife Conservation Act 1976 34\n(7) To avoid doubt, this section is not intended to limit the exercise of\nthe following in a joint management park or reserve:\n(a) rights of Aboriginal persons under section 122;\n(b) traditional rights to use Aboriginal land as mentioned in\nsection 71 of the ALRA, except to the extent of any limitation\nimposed in accordance with that Act;\n(c) native title rights and interests as defined in section 223 of the\nNative Title Act 1993 (Cth), except to the extent of any\nlimitation imposed in accordance with that Act.\n25AKB Use and development of land\n(1) Subject to subsections (2) and (3), the joint management partners\nfor a joint management park or reserve may authorise the use and\ndevelopment of land in the park or reserve for any of the following\npurposes:\n(a) conservation;\n(b) education;\n(c) hospitality;\n(d) retail;\n(e) tourism;\n(f) Aboriginal community living area;\n(g) any purpose that promotes the protection or presentation of\nthe park or reserve.\n(2) The use and development of land may be authorised under this\nsection if there is no joint management plan in force in respect of\nthe land.\n(3) If there is a joint management plan in force in respect of the land,\nthe use and development must not be inconsistent with the plan.\n(4) The joint management partners for a joint management park or\nreserve may use and develop land in the park or reserve for a\npurpose mentioned in subsection (1) without an authorisation if the\nuse or development is not inconsistent with any of the following that\nare in force for the park or reserve:\n(a) the relevant agreements;\n(b) the joint management plan;\n\nTerritory Parks and Wildlife Conservation Act 1976 35\n(c) if there is no joint management plan – any agreement under\nsection 25AK(3).\n(5) This section does not give the power to authorise the subdivision of\nNote for section 25AKB\nThe use and development of land includes a wide variety of activities, including\nconstructing campgrounds, roads and structures and other activities that alter\n25AKC Application for authorisation\n(1) A person may apply to the joint management partners for a joint\nmanagement park or reserve for authorisation to use or develop\nland in the park or reserve for any purpose specified in\nsection 25AKB(1).\n(2) The application must be:\n(a) in a form approved by the joint management partners; and\n(b) accompanied by any fee determined by the joint management\npartners.\n25AKD Factors relevant to authorisation\n(1) Before deciding whether to authorise a use or development of land\nwithin a joint management park or reserve under section 25AKB,\nthe joint management partners must consider the following:\n(a) the objective of joint management mentioned in section 25AB;\n(b) the principles of joint management mentioned in\nsection 25AC;\n(c) the principles of management mentioned in section 31;\n(d) any joint management plan in force in respect of the land;\n(e) the views of traditional Aboriginal owners or native title holders\nwithin the meaning of the Native Title Act 1993 of the affected\nland;\n(f) any other matters the joint management partners consider\nrelevant.\n(2) The joint management partners must not authorise any use or\ndevelopment of land in a joint management park or reserve that is\ninconsistent with any joint management plan or any relevant\nagreements for the park or reserve.\n\nTerritory Parks and Wildlife Conservation Act 1976 36\n(3) Unless justified in the circumstances, the joint management\npartners must not authorise a person found guilty of an offence\nrelated to the environment, wildlife or the use or development of\nland within the 5 year period immediately before the person applies\nfor the authorisation.\n(4) An authorisation must be in a form approved by the joint\nmanagement partners.\n25AKE Terms and conditions of authorisation\n(1) An authorisation under section 25AKB is subject to any terms and\nconditions specified by the joint management partners for the\nrelevant joint management park or reserve and specified in the\n(2) It is a condition of an authorisation that the holder of the\nauthorisation and each person employed or otherwise engaged by\nthe holder of the authorisation complies with the authorisation and\n(3) In the event of an inconsistency between this Act and a term or\ncondition specified in an authorisation, the Act prevails.\n25AKF Variation of authorisation\nreserve may, by written notice to the holder of an authorisation\nunder section 25AKB, vary a term or condition of the authorisation if\nthe partners consider it appropriate.\n(2) The variation may be made on:\n(a) the initiative of the joint management partners; or\n(b) the application by the holder of the authorisation.\n(3) An application under subsection (2)(b) must be in a form approved\nby the joint management partners.\n(4) A variation may add, substitute or delete a term or condition of an\n(5) A variation of an authorisation takes effect on the later of the\n(b) the date specified in the notice.\n\nTerritory Parks and Wildlife Conservation Act 1976 37\n25AKG Cancellation of authorisation\nreserve may, by written notice to the holder of an authorisation\nunder section 25AKB, cancel the authorisation if the holder:\n(a) fails to pay a fee or royalty required under the authorisation; or\n(b) is found guilty of an offence against this Act or a regulation or\nby-law made under this Act; or\n(c) pays a prescribed amount under an infringement notice issued\nunder the regulations or by-laws; or\n(d) contravenes any term or condition of the authorisation; or\n(e) requests in writing that the authorisation be cancelled.\n(2) The cancellation of the authorisation takes effect on the date\n25AKH Transfer of authorisation\nreserve may, by written notice, approve the transfer of an\nauthorisation under section 25AKB.\n(2) The holder of an authorisation under section 25AKB may apply to\nthe joint management partners to approve the transfer of the\nauthorisation, in a form approved by the joint management\npartners.\n(3) A transfer of an authorisation takes effect on the later of the\n(a) the date the notice of the approval is served on the holder of\n(b) the date specified for that purpose in the notice.\n25AKI Compliance with authorisation\n(1) The following persons must not contravene an authorisation under\nsection 25AKB:\n(a) the holder of the authorisation;\n\nDivision 5 Mining in joint management parks and reserves\nTerritory Parks and Wildlife Conservation Act 1976 38\n(b) a person employed or otherwise engaged by the holder of the\nauthorisation to use or develop land in a joint management\npark or reserve under the authorisation.\n25AKJ Offence of using or developing land on joint management park\nor reserve\n(1) A person must not use or develop land in a joint management park\nor reserve unless authorised or otherwise permitted to do so under\nthis Act or any by-laws that apply to the park or reserve.\nDivision 5 Mining in joint management parks and reserves\n25AL Certain provisions of Mineral Titles Act 2010 and Petroleum\nAct 1984 do not apply\nSection 73 of the Mineral Titles Act 2010 and section 15 of the\nPetroleum Act 1984 do not apply in relation to the grant of a mining\nor petroleum interest in a joint management park or reserve.\n25AM Mines Minister to consider opinion of joint management\npartners\n(1) Before granting a mining or petroleum interest in a joint\nmanagement park or reserve, the Mines Minister must request the\nParks Minister to obtain the opinion of the joint management\npartners for the park or reserve about the proposed grant and\nforward the opinion to the Mines Minister for consideration.\n(2) The opinion may include recommendations about conditions for the\nprotection of the environment to which the grant of the interest\nshould be subject.\n(3) If:\n(a) the Mines Minister decides to grant the interest; and\n(b) the opinion considered under subsection (1) includes\nrecommendations about the conditions of the grant as\ndescribed in subsection (2),\n\nTerritory Parks and Wildlife Conservation Act 1976 39\nthe Mines Minister must grant the interest subject to those\nconditions:\n(c) if it is otherwise within his or her power to do so; and\n(d) if satisfied that the conditions are appropriate measures for the\nprotection of the environment.\n(4) If the joint management partners do not provide the Parks Minister\ntheir opinion within 4 months after being requested to do so, the\nMines Minister is not required to consider it.\n(5) In this section:\nMines Minister means the Minister for the time being administering\nthe Mineral Titles Act 2010 or Petroleum Act 1984 (as the case\nrequires).\nParks Minister means the Minister for the time being administering\n25AN Application of Division\n(1) This Division applies in relation to:\n(a) a park or reserve specified in Schedule 2 or 3 to the\nFramework Act; and\n(b) a park or reserve for which a joint management agreement\nhas been executed under section 23A(1).\n(2) However, in regard to a park or reserve referred to in\nsubsection (1)(b), the application of this Division is subject to\nexclusion or modification by:\n(a) the joint management agreement for the park or reserve; and\n(b) any indigenous land use agreement applying to the park or\n\nTerritory Parks and Wildlife Conservation Act 1976 40\n25AO Functions of Land Councils in relation to parks and reserves\n(1) Pursuant to section 23(2) of ALRA, the following functions are\nconferred on a Land Council:\n(a) to ascertain and express the wishes and the opinion of\nAboriginals living in its area as to the management of the\nparks and reserves in that area and as to appropriate\nlegislation concerning those parks and reserves;\n(b) to protect the interests of the traditional Aboriginal owners of,\nand other Aboriginals interested in, those parks and reserves;\n(c) to consult with the traditional Aboriginal owners of, and other\nAboriginals interested in, those parks and reserves about the\nuse of those parks and reserves;\n(d) to negotiate with persons desiring to obtain an estate or\ninterest (including a licence) in any of those parks or reserves\non behalf of the traditional Aboriginal owners of that park or\nreserve and any other Aboriginals interested in that park or\n(e) to supervise, and provide administrative and other assistance\nto, the Park Land Trusts holding, or established to hold, park\nfreehold title in parks and reserves in its area.\n(2) In carrying out its functions under subsection (1) in relation to a\npark or reserve in its area, a Land Council must have regard to the\ninterests of, and must consult with, the traditional Aboriginal owners\nof the park or reserve and any other Aboriginals interested in the\npark or reserve and, in particular, must not take any action\n(including, but not limited to, the giving or withholding of consent in\nany matter in connection with the park freehold title held by a Park\nLand Trust) unless the Land Council is satisfied that:\n(a) the traditional Aboriginal owners of the park or reserve\nunderstand the nature and purpose of the proposed action\nand, as a group, consent to it; and\n(b) any Aboriginal community or group that may be affected by\nthe proposed action has been consulted and has had\nadequate opportunity to express its view to the Land Council.\n(3) In this section:\narea, in relation to a Land Council, has the same meaning as in\nALRA.\n\nDivision 6A Application of Territory Parks and Wildlife Conservation By-laws 1984\nTerritory Parks and Wildlife Conservation Act 1976 41\npark freehold title has the same meaning as in the Framework\nAct.\nPark Land Trust has the same meaning as in the Framework Act.\n25AP Application of money paid to Land Councils\n(1) If a Land Council receives a payment in respect of a park or reserve\n(including under a lease or licence granted in accordance with the\nFramework Act), within 6 months after receiving the payment, the\nLand Council must pay an amount equal to the payment to or for\nthe benefit of the traditional Aboriginal owners of the park or\n(2) Section 35(8) to (11) (inclusive) of ALRA applies (with the\nnecessary changes) to a payment referred to in subsection (1) as if\nit were a payment referred to in section 35(4) of ALRA.\nDivision 6A Application of Territory Parks and Wildlife\nConservation By-laws 1984\n25APA Application of By-laws to joint management parks and\n(1) Subject to subsections (2) to (5), the Territory Parks and Wildlife\nConservation By-laws 1984, as in force from time to time, apply in\nrelation to each joint management park and reserve and are taken\nto have always applied in relation to each joint management park\nand reserve, to the extent the By-laws are not inconsistent with a\nby-law made for a joint management park or reserve under\nsection 25AQ.\n(2) In the application of the Territory Parks and Wildlife Conservation\nBy-laws 1984 in relation to a joint management park or reserve:\n(a) a reference to the plan of management for the park or reserve\nis taken to be a reference to the joint management plan for the\npark or reserve; and\n(b) a reference to an authorisation under section 21A is taken to\nbe a reference to an authorisation under section 25AKB.\n(3) The Commission must not grant a permit under the Territory Parks\nand Wildlife Conservation By-laws 1984 that authorises the carrying\nout of trade or commerce or a public event in a joint management\npark or reserve unless the grant of the permit is:\n\nDivision 6A Application of Territory Parks and Wildlife Conservation By-laws 1984\nTerritory Parks and Wildlife Conservation Act 1976 42\n(a) consistent with the processes for management of the park or\nreserve under the joint management plan for the park or\nreserve; or\n(b) if there is no joint management plan for the park or reserve –\nconsistent with section 25AK.\nNote for subsection (3)(b)\nSection 25AK provides for the management of a joint management park or\nreserve before the first joint management plan for the park or reserve comes into\noperation and allows the joint management partners and the Land Council for the\npark or reserve to agree on a process to deal with particular issues concerning\nthe management of the park or reserve.\n(4) Despite section 99 and any by-law in the Territory Parks and\nWildlife Conservation By-laws 1984 that relates to reviews of\ndecisions made under those By-laws, a decision made under the\nBy-laws that relates to the issue of or refusal to issue a permit in\nrelation to a joint management park or reserve is not a reviewable\ndecision.\n(5) The Territory Parks and Wildlife Conservation By-laws 1984 cease\nto have effect in relation to a joint management park or reserve on\nthe earlier of the following:\n(a) the day specified in a by-law made for the park or reserve\nunder section 25AQ;\n(b) the day prescribed by regulation.\n25APB Validation\n(1) Anything done or purported to have been done under the Territory\nParks and Wildlife Conservation By-laws 1984 in relation to a joint\nmanagement park or reserve before the commencement of this\nDivision is taken to be valid and to always have been valid.\n(2) Without limiting subsection (1), a thing done or purported to have\nbeen done under the Territory Parks and Wildlife Conservation\nBy-laws 1984 includes the following:\n(a) the erection of signage;\n(b) the issue or purported issue of a permit, declaration, notice,\napproval, prohibition, designation or determination by the\n(c) the issue or purported issue of an infringement notice;\n\nTerritory Parks and Wildlife Conservation Act 1976 43\n(d) the taking or purported taking of any action in relation to an\noffence committed, or alleged to have been committed,\nagainst the By-laws.\n25AQ By-laws\n(1) Subject to this section, the joint management partners for a joint\nmanagement park or reserve may make by-laws for the park or\nreserve prescribing matters:\n(a) required or permitted by this Part or the joint management\nplan for the park or reserve to be prescribed by by-law; or\n(b) necessary or convenient for carrying out or giving effect to the\nfunctions and powers of the joint management partners under\nthis Part.\n(2) The By-laws must not be inconsistent with any of the following:\n(a) this Part;\n(b) the relevant agreements for the park or reserve;\n(c) the joint management plan for the park or reserve.\n(3) Subject to subsection (3A), section 25(2) to (9) (inclusive) of the\nNitmiluk Act applies in relation to the By-laws as if:\n(a) a reference to the Nitimiluk Park were a reference to the park\nor reserve;\n(b) a reference to by-laws made under the Nitmiluk Act were a\nreference to by-laws made under this section;\n(c) a reference to the plan of management for the Nitmiluk Park\nwere a reference to the joint management plan;\n(d) a reference to the Nitmiluk Act were a reference to this Act;\nand\n(e) a reference to the Nitmiluk Park Board were a reference to the\njoint management partners.\n(3A) Despite section 25(2)(zb) of the Nitmiluk (Katherine Gorge) National\nPark Act 1989, the By-laws may, for an offence against the\nBy-laws, provide for the following:\n(a) the offence to be a regulatory offence;\n\nTerritory Parks and Wildlife Conservation Act 1976 44\n(b) the payment of a prescribed amount instead of a penalty that\nmay otherwise be imposed for the offence, the service of a\nnotice relating to payment of the amount on a person alleged\nto have committed the offence and the particulars to be\nincluded in the notice.\n(4) A prosecution for an offence against the By-laws cannot be\ncommenced except with the written authority of the joint\nmanagement partners.\n(5) For section 63A(1)(a) of the Interpretation Act 1978, it is sufficient if\nthe By-laws are signed by a person authorised by the joint\nmanagement partners to sign them.\n(6) In subsection (3):\nNitmiluk Act means the Nitmiluk (Katherine Gorge) National Park\nAct 1989.\nNitmiluk Park means the Park within the meaning of the Nitmiluk\nAct.\n25AR Lease of park or reserve not a subdivision\nA lease entered into in respect of a joint management park or\nreserve does not create, or have the effect of creating, a\nsubdivision within the meaning of the Planning Act 1999.\n","sortOrder":40},{"sectionNumber":"25A","sectionType":"section","heading":"Sanctuaries","content":"25A Sanctuaries\n(1) Where, immediately before the commencement of this Act, an area\nof land was a sanctuary under the Wildlife Conservation and\nControl Act 1962, that area continues to be a sanctuary, but the\ndeclaration by this section may be revoked by action taken under\n(2) Subject to section 14, the Administrator may, by notice in the\nGazette, declare:\n(a) any area of unoccupied Crown land in the Northern Territory;\nor\n(b) an area of land held in fee simple by the Corporation or in\nrespect of which the Corporation holds a lease,\nto be a sanctuary.\n\nTerritory Parks and Wildlife Conservation Act 1976 45\n(3) The Commission may, after receiving a report from the Place\nNames Committee, assign a name to a proposed sanctuary.\n","sortOrder":41},{"sectionNumber":"25B","sectionType":"section","heading":"Notices to be exhibited in sanctuaries","content":"25B Notices to be exhibited in sanctuaries\n(1) The Director shall ensure that a clear sign, indicating that an area is\na sanctuary and including such other terms as are approved by\nhim, is prominently displayed and maintained in good condition at\nthe side of each road entering that sanctuary, at or near the place\nwhere it enters that sanctuary.\n(2) A person shall not remove, deface or otherwise interfere with a sign\ndisplayed under subsection (1).\n","sortOrder":42},{"sectionNumber":"25C","sectionType":"section","heading":"Persons not to enter sanctuaries","content":"25C Persons not to enter sanctuaries\nA person other than:\n(a) a conservation officer or an honorary conservation officer,\nexercising his powers or performing his functions under this\nAct;\n(aa) the holder of a mining interest in relation to land in the\nsanctuary, or his workmen, servants or agents, exercising his\nor their powers or performing his or their functions in\npursuance of the mining interest and in accordance with any\nconditions to which it is subject;\n(b) an officer or employee, within the meaning of the Public\nService Act 1922 of the Commonwealth or the Public Sector\nEmployment and Management Act 1993, who is required in\nthe course of his duty to enter a sanctuary; or\n(c) a person authorized by the Director to enter a sanctuary,\nshall not without lawful excuse enter or remain in a sanctuary.\n","sortOrder":43},{"sectionNumber":"25D","sectionType":"section","heading":"Firearms and traps prohibited in a sanctuary","content":"25D Firearms and traps prohibited in a sanctuary\nSubject to this Act, a person shall not:\n(a) take a firearm or trap into a sanctuary; or\n\nTerritory Parks and Wildlife Conservation Act 1976 46\n(b) have in his possession in a sanctuary a firearm or trap.\n","sortOrder":44},{"sectionNumber":"25E","sectionType":"section","heading":"Defence against prosecution","content":"25E Defence against prosecution\nIt is a defence to a prosecution for an offence against section 25C,\n25D or 25G if the defendant proves:\n(a) that at the time the offence is alleged to have been committed\nhe was on a public road or was otherwise authorized to be in\nthe sanctuary and that the firearm or trap was not used by him\nwhile he was in the area; or\n(b) that there was not on the road by which he entered the\nsanctuary the sign required to be displayed there by\nsection 25B and that he did not know or have cause to\nsuspect that he was on a sanctuary.\n","sortOrder":45},{"sectionNumber":"25F","sectionType":"section","heading":"Persons not to kill in sanctuary","content":"25F Persons not to kill in sanctuary\n(1) Subject to this Act, a person shall not in a sanctuary take, capture,\nkill or have in his possession any animal.\n(2) A person shall not fish in freshwater in a sanctuary, or have in his\npossession a fish that was caught in freshwater in a sanctuary.\n(3) In this section, freshwater means the water in a lake, lagoon or\nbillabong whether or not it is at any time connected with the sea\nand water in any stream above the tidal limit.\n","sortOrder":46},{"sectionNumber":"25G","sectionType":"section","heading":"Taking plants on or from sanctuary","content":"25G Taking plants on or from sanctuary\nWhere a sanctuary is declared for the purpose of protecting a class\nor description of plants, a person who takes a plant of that class or\ndescription on or from the sanctuary, except with and in accordance\nwith a permit or licence granted under this Act, is guilty of an\noffence.\n\nTerritory Parks and Wildlife Conservation Act 1976 47\n","sortOrder":47},{"sectionNumber":"Div 1","sectionType":"division","heading":"General","content":"Division 1 General\n","sortOrder":48},{"sectionNumber":"26","sectionType":"section","heading":"Application of Part","content":"26 Application of Part\nThis Part does not apply to aquatic life within the meaning of the\nFisheries Act 1988 that:\n(a) has been caught, taken or harvested under a licence or permit\ngranted under that Act; or\n(b) comprises a managed fishery or part of a managed fishery\nwithin the meaning of that Act.\n","sortOrder":49},{"sectionNumber":"27","sectionType":"section","heading":"Exemption from application of Part","content":"27 Exemption from application of Part\nThe Minister may, by notice in the Gazette, declare that this Part or\na particular provision of this Part does not apply to or in relation to:\n(a) the whole or a specified part of the Territory;\n(b) a specified species of animal or plant; or\n(c) a specified activity in relation to an animal or plant,\nand accordingly this Part or that provision does not apply.\n","sortOrder":50},{"sectionNumber":"28","sectionType":"section","heading":"Prescribed classifications","content":"28 Prescribed classifications\n(1) The Administrator must prescribe by regulation classifications for\nclassifying the conservation status of wildlife in the Territory.\n(2) A regulation prescribing a classification may apply, adopt or\nincorporate, either wholly or in part, a classification as from time to\ntime prescribed or published by any authority or body (whether or\nnot a Territory authority or body).\n","sortOrder":51},{"sectionNumber":"29","sectionType":"section","heading":"Classification of wildlife","content":"29 Classification of wildlife\n(1) The Minister must identify the conservation status of each of the\nspecies of wildlife in the Territory and apply a classification\nprescribed under section 28 to each species accordingly.\n\nTerritory Parks and Wildlife Conservation Act 1976 48\n(2) On classifying wildlife under subsection (1), the Minister must:\n(a) give public notice:\n(i) of the making of the classification;\n(ii) inviting the public to make submissions in respect of the\nclassification not later than 30 days after the date of the\nnotice; and\n(iii) stating that copies of the classification are available for\ninspection or purchase at the offices of the Commission\nspecified in the notice during the business hours of the\n(b) make the classification and a copy of his or her written\nreasons for classifying the species of wildlife available for\ninspection or purchase at those offices of the Commission;\n(c) consider any submissions made in respect of the classification\nand review the classification and make the alterations to it, if\nany, that he or she considers appropriate; and\n(d) present the revised classification to the Administrator for\napproval.\n(3) If the Administrator is satisfied that:\n(a) subsections (1) and (2) have been complied with; and\n(b) a classification of a species of wildlife is appropriate,\nthe Administrator may in writing approve the classification.\n(4) If the Administrator approves the classification of a species:\n(a) the Minister must give public notice of the approval; and\n(b) the Director must cause copies of the classification to be kept\nand made available for inspection or purchase by the public at\nthe offices of the Commission during its business hours.\n(5) The public notice of the approval must include a statement that\ncopies of the classification are available for inspection or purchase\nat the offices of the Commission during the business hours of the\n(6) A classification of a species has effect on and from the day the\nMinister gives public notice of its approval under subsection (4)(a).\n\nTerritory Parks and Wildlife Conservation Act 1976 49\n(7) The classification of a species under this section may be varied\nand, for the purpose of varying a classification of a species, a\nreference in this section to:\n(a) classifying a species includes a reference to varying a\nclassification of a species; and\n(b) a classification of a species includes a reference to a variation\nof a classification of a species.\n","sortOrder":52},{"sectionNumber":"30","sectionType":"section","heading":"Threatened wildlife","content":"30 Threatened wildlife\n(1) The Minister must, by notice in the Gazette, identify by classification\nor species the wildlife that is threatened wildlife.\n(2) The reference in subsection (1) to a classification is to be read as a\nreference to a classification as in force from time to time.\n","sortOrder":53},{"sectionNumber":"31","sectionType":"section","heading":"Principles of management","content":"31 Principles of management\n(1) The management of wildlife under this Act is to be carried out in a\nmanner that promotes:\n(a) the survival of wildlife in its natural habitat;\n(b) the conservation of biological diversity within the Territory;\n(c) the management of identified areas of habitat, vegetation,\necosystem or landscape to ensure the survival of populations\nof wildlife within those areas;\n(d) the control or prohibition of:\n(i) the introduction or release of prohibited entrants into the\nTerritory; and\n(ii) any other act, omission or thing that adversely affects, or\nwill or is likely to adversely affect, the capacity of wildlife\nto sustain its natural processes; and\n(e) the sustainable use of wildlife and its habitat.\n(2) Species of wildlife are to be managed in a manner that:\n(a) accords with their classification under section 29; and\n\nTerritory Parks and Wildlife Conservation Act 1976 50\n(b) in the case of threatened wildlife – maintains or increases their\npopulation and the extent of their distribution within the\nTerritory at or to a sustainable level (which may include\nbreeding in captivity).\n(3) Feral animals are to be managed in a manner that:\n(a) reduces their population and the extent of their distribution\nwithin the Territory; and\n(b) controls any detrimental effect they have on wildlife and the\n","sortOrder":54},{"sectionNumber":"32","sectionType":"section","heading":"Management programs","content":"32 Management programs\n(1) The Commission may formulate and implement or co-operate with\nthe Commonwealth or a State or another Territory of the\nCommonwealth or with an authority of the Commonwealth or of a\nState or another Territory of the Commonwealth in formulating and\nimplementing:\n(a) wildlife management programs for the protection,\nconservation, sustainable use, control and management of\nwildlife;\n(b) management programs for the control and management of\nferal animals; or\n(c) management programs for the prohibition, control and\nmanagement of prohibited entrants.\n(2) In formulating and implementing a wildlife management program\nreferred to in subsection (1)(a), the Commission must take into\naccount:\n(a) the classification of the wildlife under section 29 to which the\nprogram relates;\n(b) the habitat of the wildlife to which the program relates;\n(c) the extent to which parks and reserves (including parks and\nreserves established under a law of the Commonwealth or a\nState or Territory of the Commonwealth) assist in the\nconservation of the wildlife to which the program relates;\n(d) the population of the wildlife to which the program relates and\nthe causes of any known increases or decreases in the\npopulation;\n\nTerritory Parks and Wildlife Conservation Act 1976 51\n(e) any known response by the wildlife to which the program\nrelates to any action taken for the purpose of the protection,\nconservation, control, sustainable use or management of the\nwildlife; and\n(f) the obligations of the Commonwealth under international\ntreaties and agreements relating to the protection and\nconservation of wildlife,\nand is to provide for a review of the program to be undertaken at\nappropriate intervals.\n(3) The matters that a management program referred to in\nsubsection (1)(b) is to provide for include:\n(a) assessment and analysis of the population and distribution of\nthe feral animal within the Territory;\n(b) examination of the habitat of the feral animal within the\nTerritory;\n(c) evaluation of the impact the feral animal has on wildlife and its\nhabitat and on ecosystems, vegetation and the landscape in\ngeneral;\n(d) control of the population and distribution of the feral animal\nwithin the Territory;\n(e) assessment of whether the survival of the feral animal in its\nnatural habitat is threatened and, if so, whether its protection\nand survival in the Territory would assist its conservation; and\n(f) review of the program at appropriate intervals.\n(4) The matters that a management program referred to in\nsubsection (1)(c) is to provide for include:\n(a) assessment of whether the survival of a prohibited entrant in\nits natural habitat is threatened and, if so, whether its\nprotection and survival in the Territory would assist its\nconservation;\n(b) evaluation of the actual and potential threat the prohibited\nentrant poses to wildlife, habitats, ecosystems, vegetation and\nthe landscape; and\n(c) review of the program at appropriate intervals.\n\nTerritory Parks and Wildlife Conservation Act 1976 52\n","sortOrder":55},{"sectionNumber":"33","sectionType":"section","heading":"Management program may refer to co-operative management","content":"33 Management program may refer to co-operative management\nagreement etc.\nA management program may provide for, apply to or refer to a\nco-operative management agreement, an area of essential habitat\nor an agreement under section 73 or 74.\n","sortOrder":56},{"sectionNumber":"34","sectionType":"section","heading":"Administrator to approve management program","content":"34 Administrator to approve management program\n(1) If the Commission formulates a management program, the Director\nmust submit the management program to the Administrator for\napproval.\n(2) The Administrator may in writing approve a management program\nthat has been submitted to him or her.\n(3) The Director must, within 14 days after the Administrator approves\na management program, give public notice of the approval and a\ndescription of the details of the management program.\n(4) The Commission must not implement a management program\nunless the Administrator has approved it.\n","sortOrder":57},{"sectionNumber":"35","sectionType":"section","heading":"Commission may make co-operative management agreements","content":"35 Commission may make co-operative management agreements\nfor management of wildlife etc.\nThe Commission may negotiate and enter into agreements to\nimplement co-operative schemes for:\n(a) the protection, conservation, sustainable use, control and\nmanagement of wildlife;\n(b) the control and management of feral animals;\n(c) the prohibition, control and management of prohibited\nentrants; or\n(d) the management, preservation, maintenance or care of areas\nof habitat, ecosystem, vegetation, or landscape,\nin accordance with a management program.\n\nTerritory Parks and Wildlife Conservation Act 1976 53\n","sortOrder":58},{"sectionNumber":"36","sectionType":"section","heading":"Certain provisions of co-operative management agreements","content":"36 Certain provisions of co-operative management agreements\n(1) A co-operative management agreement may provide for:\n(a) if the Minister gives his or her written approval – the provision\nof financial or other assistance by the Territory or the\nCommission for the purpose of achieving an objective of the\nagreement; or\n(b) further agreements to be made between the persons who\nhave entered into the co-operative management agreement\nfor the purpose of achieving the objectives of the co-operative\nmanagement agreement.\n(2) A co-operative management agreement:\n(a) is to refer to a management program; and\n(b) may relate to an area of essential habitat.\n","sortOrder":59},{"sectionNumber":"37","sectionType":"section","heading":"Declaration of area of essential habitat","content":"37 Declaration of area of essential habitat\n(1) Subject to section 38, if there is an area of land that, on its own or\ntogether with another area of land or other areas of land, is a\nhabitat that is essential for the survival in that area or those areas of\nwildlife generally or a species of wildlife, the Administrator may, by\nnotice in the Gazette, declare the area to be an area of essential\n(2) The Administrator must not make a declaration under\nsubsection (1) unless:\n(a) he or she is satisfied that the Director has consulted with the\nowner and, if not the same person, the occupier of the land\nand any other person who, in the opinion of the Director, has\nan interest that is likely to be adversely affected by the\ndeclaration; and\n(b) the Minister recommends the making of the declaration under\nsection 38(3)(a).\n(3) Despite subsection (1), if, in the opinion of the Minister, there is an\narea of land in which there is a species of wildlife that is likely to\nbecome extinct if not immediately protected, the Minister may, by\nnotice in the Gazette, declare the area to be an area of essential\n\nTerritory Parks and Wildlife Conservation Act 1976 54\n(4) The area of land referred to in subsection (1) or (3) may be:\n(a) land that has been alienated from the Crown, including\nAboriginal land but not including other freehold land; or\n(b) land that is reserved or dedicated under a law in force in the\n(5) In a declaration under this section, the Administrator or Minister, as\nthe case may be, must:\n(a) describe the area of land declared to be an area of essential\nhabitat;\n(b) specify the wildlife to which the declaration relates;\n(c) give the reasons for making the declaration;\n(d) give details of the proposed management of the area the\nsubject of the declaration, including specification of the\nobjectives of making the declaration and any management\nprograms, co-operative management programs and by-laws\nmade under section 71 that apply to the land; and\n(e) state that the land the subject of the declaration is to be used\nand enjoyed in a manner that is consistent with the objectives\nof the declaration.\n(6) In a declaration under this section, the Administrator or the Minister,\nas the case may be, may specify:\n(a) an article, thing, animal or plant that may not be taken into or\nout of the area of essential habitat the subject of the\ndeclaration; or\n(b) the activities that may not be carried out in the area of\nessential habitat the subject of the declaration,\nunless authorised in writing by the Director.\n(7) The land the subject of a declaration under this section is to be\nused and enjoyed in a manner that is consistent with the\ndeclaration.\n\nTerritory Parks and Wildlife Conservation Act 1976 55\n","sortOrder":60},{"sectionNumber":"38","sectionType":"section","heading":"Submissions regarding declaration of area of essential habitat","content":"38 Submissions regarding declaration of area of essential habitat\n(1) Before the Administrator makes a declaration under section 37(1)\nand on the making by the Minister of a declaration under\nsection 37(3), the Minister must invite written submissions in\nrespect of the declaration from:\n(a) the owner and, if not the same person, the occupier of the\nland that is or is proposed to be the subject of the declaration\nand any other person who, in the opinion of the Director, has\nan interest that is likely to be adversely affected by the\ndeclaration by serving a written notice on each of those\npersons; and\n(b) any other interested person by giving public notice.\n(2) Notice under subsection (1) is to:\n(a) include a description of the terms of the declaration; and\n(b) specify the date not more than 28 days after the date of the\nnotice by which submissions are to be received by the\nMinister.\n(3) The Minister must consider each submission made to the Minister\nunder this section and any other matter that comes to his or her\nattention in relation to the declaration and may:\n(a) if the declaration is proposed to be made under\nsection 37(1) – make the recommendation he or she thinks\nappropriate to the Administrator in relation to the making of the\ndeclaration or refuse to recommend the making of the\ndeclaration; or\n(b) if the Minister made the declaration under section 37(3) – vary\n(including by the imposition of conditions) or revoke the\ndeclaration as he or she thinks appropriate.\n","sortOrder":61},{"sectionNumber":"39","sectionType":"section","heading":"Notification of declaration of area of essential habitat","content":"39 Notification of declaration of area of essential habitat\nThe Director must, not later than 7 days after the date a declaration\nof an area of essential habitat is made under section 37 or the date\nthe Minister varies or revokes a declaration under section 38(3)(b):\n(a) serve written notice of the making or variation of the\ndeclaration and its terms or the revocation of the declaration\non the persons on whom written notice was served under\nsection 38(1)(a); and\n\nTerritory Parks and Wildlife Conservation Act 1976 56\n(b) give public notice of the making or variation of the declaration\nand its terms or the revocation of the declaration.\n","sortOrder":62},{"sectionNumber":"40","sectionType":"section","heading":"Notices to be exhibited in area of essential habitat","content":"40 Notices to be exhibited in area of essential habitat\n(1) The Director must erect and maintain in good condition a sign:\n(a) at the points of entry into and exit from an area of essential\nhabitat; and\n(b) otherwise in the vicinity of the area of essential habitat,\nas he or she considers appropriate to notify a person travelling into,\nfrom or in the vicinity of the area that it is an area of essential\n(2) A sign under subsection (1) is to:\n(a) clearly indicate that a person reading it is entering, leaving or\nin the vicinity of an area of essential habitat (as the case may\nbe);\n(b) specify:\n(i) the articles, things, animals or plants that may not be\ntaken into the area of essential habitat; and\n(ii) the activities that may not be carried out in the area of\nessential habitat,\nwithout the written authority of the Director;\n(c) generally indicate, by diagram or otherwise, the boundaries of\nthe area; and\n(d) be erected in such a manner that the words and diagrams on\nthe sign are clearly visible to a person travelling past the sign.\n(3) A person must not remove, deface or otherwise interfere with a sign\ndisplayed under subsection (1).\n","sortOrder":63},{"sectionNumber":"41","sectionType":"section","heading":"Notification of area of essential habitat on title","content":"41 Notification of area of essential habitat on title\nWhere a declaration of an area of essential habitat has the effect of\nimposing a restriction on the use and enjoyment of land, the\ndeclaration is a restriction for the purposes of section 35 of the\nLand Title Act 2000.\n\nTerritory Parks and Wildlife Conservation Act 1976 57\n","sortOrder":64},{"sectionNumber":"42","sectionType":"section","heading":"Conservation officer may carry out certain work","content":"42 Conservation officer may carry out certain work\n(1) A conservation officer may carry out the work in an area of\nessential habitat that the Director considers necessary to attain the\nobjectives of the declaration of the area of essential habitat.\n(2) The conservation officer may, after giving the person in lawful\noccupation of land in the area of essential habitat reasonable notice\nof his or her intention to do so, enter the land with the assistance,\nplant, machinery and equipment as the Director considers\nappropriate to carry out the work.\n(3) The Commission is liable to pay reasonable compensation for any\ndamage or loss suffered in consequence of work being done under\nthis section.\n","sortOrder":65},{"sectionNumber":"43","sectionType":"section","heading":"Protected wildlife","content":"43 Protected wildlife\n(1) All wildlife that:\n(a) is in a park, reserve, sanctuary, wilderness zone or area of\nessential habitat; or\n(b) is a vertebrate that is indigenous to Australia,\nis protected wildlife.\n(2) The Regulations may prescribe species of wildlife that are protected\n(3) Despite subsections (1) and (2), the Minister may, in relation to the\nwhole or a specified part of the Territory, declare by notice in the\nGazette that a species of wildlife is protected wildlife.\n(4) Protected wildlife is protected wildlife whether or not the property in\nthe wildlife is vested in the Territory.\n","sortOrder":66},{"sectionNumber":"44","sectionType":"section","heading":"Lawful dealings with certain protected wildlife","content":"44 Lawful dealings with certain protected wildlife\n(1) The Minister may, by notice in the Gazette, declare that it is lawful\nto keep or bring into, release in or take out of the Territory, including\nfor a commercial purpose, animals of a specified animal species of\nprotected wildlife without being granted a permit to do so.\n(2) A declaration under subsection (1) is to specify the conditions that\napply, if any, to the keeping or bringing into, releasing in or taking\nout of the Territory of the animals.\n\nTerritory Parks and Wildlife Conservation Act 1976 58\n","sortOrder":67},{"sectionNumber":"45","sectionType":"section","heading":"Killing of protected wildlife","content":"45 Killing of protected wildlife\n(1) Subject to subsection (3), the Minister may, by notice in the\nGazette, declare that it is lawful to kill animals of a specified species\nof protected wildlife.\n(2) A declaration under subsection (1) is to specify the conditions that\napply to or in relation to the killing of the animals, including:\n(a) the period during which and the times when the animals may\nbe killed;\n(b) the areas within which the animals may be killed;\n(c) the type of equipment that is to be used to kill the animals;\n(d) the maximum number of animals that a person may kill;\n(e) the maximum number or amount of dead animals or parts of\ndead animals a person may have in his or her possession or\nunder his or her control; and\n(f) that, notwithstanding the declaration, a person wishing to kill\nthe animals cannot do so unless he or she has been granted a\npermit to do so or is a nominee under a permit granted to\nanother person to do so.\n(3) The Minister may not exercise his or her power under\nsubsection (1) to authorise:\n(a) the killing of animals located in a park, reserve, sanctuary or\nwilderness zone; or\n(b) the killing of animals for commercial purposes.\n","sortOrder":68},{"sectionNumber":"45A","sectionType":"section","heading":"Taking or interfering with protected wildlife under prescribed","content":"45A Taking or interfering with protected wildlife under prescribed\nstatutory approval\nA person who holds a statutory approval prescribed by regulation\nfor this section is, for this Act, authorised to take or interfere with\nprotected wildlife to the extent necessary to carry out an action\npermitted under the statutory approval.\n","sortOrder":69},{"sectionNumber":"46","sectionType":"section","heading":"Director may require person to give up protected wildlife","content":"46 Director may require person to give up protected wildlife\n(1) The Director may, by notice in writing served on:\n(a) a person who is or was the holder of a permit;\n(b) a person who is or was a nominee under a permit; or\n\nTerritory Parks and Wildlife Conservation Act 1976 59\n(c) a person who is or was otherwise authorised under this Act to\ndeal with wildlife,\nrequire the person to give to the Director protected wildlife that is in\nthe possession or under the control of the person by virtue of the\npermit or other authorisation.\n(2) The person must comply with the notice.\n(3) An offence against subsection (2) is a regulatory offence.\n(4) If the Director receives protected wildlife because of a notice served\nunder subsection (1), the Director must pay just compensation for\nthe wildlife to the person on whom the notice was served.\n","sortOrder":70},{"sectionNumber":"47","sectionType":"section","heading":"Declaration of feral animals","content":"47 Declaration of feral animals\n(1) The Minister may, by notice in the Gazette, declare a species of\nanimal:\n(a) that is not indigenous to Australia or, if it is indigenous to\nAustralia, its natural habitat is not in the Territory;\n(b) that, since its introduction into Australia or the Territory, has\nspread from the site of its introduction and established itself\nwithin Australia or the Territory; and\n(c) whose population or presence in a particular area in the\nTerritory is not able to be easily controlled,\nto be a feral animal.\n(2) The declaration may be made in relation to the whole or a specified\npart of the Territory.\n","sortOrder":71},{"sectionNumber":"48","sectionType":"section","heading":"Feral animal control areas","content":"48 Feral animal control areas\nIf, in the Minister's opinion, wildlife or an area of habitat, ecosystem,\nvegetation or landscape is or soon will be threatened by the\npresence of a feral animal, the Minister may declare an area of land\nin respect of the wildlife, habitat, ecosystem, vegetation or\nlandscape to be a feral animal control area.\n\nTerritory Parks and Wildlife Conservation Act 1976 60\n","sortOrder":72},{"sectionNumber":"49","sectionType":"section","heading":"Notice to owner etc. to eradicate feral animals","content":"49 Notice to owner etc. to eradicate feral animals\n(1) The Director may, by notice in writing, require the owner or occupier\nof land in a feral animal control area to undertake the measures\nspecified in the notice for the control or eradication of a feral animal\non the land.\n(2) A person on whom a notice is served under subsection (1) must\ntake all reasonable steps to comply with the terms of the notice.\n6 months and, in addition, 5 penalty units for\neach day during which the offence\ncontinues after the first day on which the\noffence is committed.\n","sortOrder":73},{"sectionNumber":"50","sectionType":"section","heading":"Commission may provide materials etc.","content":"50 Commission may provide materials etc.\nIf the Director serves a notice on a person under section 49, he or\nshe may provide without expense to that person:\n(a) the materials or equipment necessary to carry out the\nmeasures specified in the notice; or\n(b) other assistance, by way of labour or otherwise, that the\nDirector considers necessary or desirable for the control or\neradication of the feral animal.\n","sortOrder":74},{"sectionNumber":"51","sectionType":"section","heading":"Conservation officer may enter and do work","content":"51 Conservation officer may enter and do work\n(1) A conservation officer may, with the assistance the Director\nconsiders appropriate, enter a feral animal control area at any time\nand do anything necessary or expedient for the investigation,\ncontrol or eradication of a feral animal in the area.\n(2) If the conservation officer or a person assisting the conservation\nofficer, in doing a thing for the investigation, control or eradication of\na feral animal in pursuance of subsection (1), causes damage to\nthe land, crops, buildings, fences or other improvements on the\nland, the owner or occupier of the land is entitled to be\ncompensated for that damage unless:\n(a) the damage was caused without negligence on the part of the\nconservation officer or person; and\n(b) the owner or occupier was required by a notice under\nsection 49 to undertake measures for the control or\neradication of the feral animal and has failed to do so.\n\nTerritory Parks and Wildlife Conservation Act 1976 61\n","sortOrder":75},{"sectionNumber":"52","sectionType":"section","heading":"Non-indigenous vertebrates are prohibited entrants","content":"52 Non-indigenous vertebrates are prohibited entrants\nAnimals of a species of animal that:\n(a) is a vertebrate; and\n(b) is not indigenous to the Territory,\nare prohibited entrants unless prescribed not to be prohibited\nentrants by the Regulations.\n","sortOrder":76},{"sectionNumber":"53","sectionType":"section","heading":"Declaration of prohibited entrants","content":"53 Declaration of prohibited entrants\n(1) The Minister may, by notice in the Gazette, declare:\n(a) a species of animal that is not a vertebrate and is not\nindigenous to the Territory; or\n(b) a species of plant that is not indigenous to the Territory,\nto be a prohibited entrant.\n(2) The declaration may be in relation to the whole or a part of the\n","sortOrder":77},{"sectionNumber":"54","sectionType":"section","heading":"Prohibited entrants that escape or are liberated","content":"54 Prohibited entrants that escape or are liberated\n(1) If an animal:\n(a) escapes from the possession of or from being under the\ncontrol of a person; or\n(b) is released or permitted to escape,\nin a place where it is a prohibited entrant, immediately on that\nescape or liberation, the animal is to be taken to be a feral animal\nand Division 4 applies in respect of the animal accordingly.\n(2) Despite Division 4, if a prohibited entrant has escaped or been\nreleased, a conservation officer may, with the assistance the\nDirector thinks appropriate, enter land where the Director believes\nthe prohibited entrant is or might be to:\n(a) investigate whether the feral animal is present on the land and\nthe threat it poses or is likely to pose to a habitat, ecosystem,\nvegetation or landscape on the land; or\n(b) take immediate action to eradicate the prohibited entrant.\n\nTerritory Parks and Wildlife Conservation Act 1976 62\n(3) If the conservation officer or a person assisting the conservation\nofficer enters on to land in pursuance of subsection (2) and causes\ndamage to the land, crops, buildings, fences or other improvements\non the land, the owner or occupier of the land is entitled to be\ncompensated for that damage unless the damage was caused\nwithout negligence on the part of the conservation officer or person.\n","sortOrder":78},{"sectionNumber":"55","sectionType":"section","heading":"Application for permit","content":"55 Application for permit\n(1) A person may apply to the Director for a permit authorising the\nperson and the person's nominees (if any) specified in the\napplication to:\n(a) take or interfere with protected wildlife;\n(b) take or interfere with wildlife for commercial purposes;\n(c) subject to a declaration under section 44, keep protected\nwildlife;\n(d) subject to a declaration under section 44, bring protected\nwildlife into, release protected wildlife in or take protected\nwildlife out of the Territory; or\n(e) bring prohibited entrants into, keep prohibited entrants in or\ntake prohibited entrants out of the Territory.\n(2) An application under subsection (1) must be:\n(a) in a form approved by the Director; and\n(b) accompanied by the prescribed fee and the prescribed\ninformation, if any.\n","sortOrder":79},{"sectionNumber":"56","sectionType":"section","heading":"Grant or refusal to grant permit","content":"56 Grant or refusal to grant permit\n(1) Subject to this Part, the Director may grant or refuse to grant a\npermit having considered and taken into account:\n(a) the classification of wildlife under section 29;\n(b) the principles of management set out in section 31;\n(c) all relevant management programs, co-operative management\nagreements, declarations of areas of essential habitat and\nagreements under sections 73 and 74;\n\nTerritory Parks and Wildlife Conservation Act 1976 63\n(d) the likely effect (and in particular any detrimental impact) of\nthe issue of a permit on the continued survival of wildlife,\nhabitats, vegetation and ecosystems and on the landscape\nand the environment generally;\n(e) in the case of a permit relating to prohibited entrants – matters\nrelating to the retrieval, capture, disposal or destruction of an\nescaped prohibited entrant;\n(f) the welfare of the animal or animals to which the permit\nrelates;\n(g) the protection of the safety and welfare of the public; and\n(h) any prescribed matters.\n(2) The Director must not grant a permit authorising:\n(a) an activity that is inconsistent with the objectives of a\nmanagement program; or\n(b) unless the Minister gives his or her written approval to do so –\nthe taking or interference with wildlife that is threatened\n(3) The Director must not grant a permit to a person if the person or a\nnominee specified by the person in the application has been found\nguilty of an offence against this Act or that otherwise relates to\nwildlife within the 5 year period immediately before the person\napplies for the permit.\n(4) A permit is to be in a form approved by the Director and, if the\npermit is granted to a person and his or her nominees, is to specify\nthe nominees.\n","sortOrder":80},{"sectionNumber":"57","sectionType":"section","heading":"Terms and conditions of permits","content":"57 Terms and conditions of permits\n(1) A permit is subject to:\n(a) the prescribed terms and conditions; and\n(b) the conditions imposed by the Director providing for all or any\nof the following:\n(i) the manner in which an animal or plant may be taken or\notherwise interfered with under the permit;\n(ii) the manner in which an animal or plant is to be kept or\ntransported under the permit;\n\nTerritory Parks and Wildlife Conservation Act 1976 64\n(iii) the maximum number or amount of an animal or plant,\nor part of an animal or plant, to which the permit relates;\n(iv) the species, sex, age, size, location of the animal or\nplant to which the permit relates;\n(v) the marketing of the animal or plant, or a derivative or\nproduct of an animal or plant, to which the permit relates,\nincluding the labelling or applying of markings to the\nanimal, plant, derivative or product;\n(vi) the furnishing to the Director of returns and reports;\n(vii) the period or periods of time during which, or the hours\neach day when, the permit is in force and the date of\nexpiration of the permit;\n(viii) the welfare of animals;\n(ix) the protection of the safety and welfare of the public;\n(x) in the case of a permit relating to a prohibited entrant –\nthe retrieval, capture, disposal or destruction of the\nprohibited entrant if it escapes or is liberated and the\nindemnification of the Territory against any costs or\nexpenses incurred by the Territory because of the\nprohibited entrant;\n(xi) if the holder of the permit or a nominee under the permit\nwill employ or otherwise engage one or more persons to\ncarry out activities under the permit for or on behalf of\nhim or her – the authorisation of those persons;\n(xii) any prescribed matters.\n(2) It is a condition of a permit that, where the holder of the permit or a\nperson who carries out activities under the permit for and on behalf\nof the holder of the permit is carrying out an activity authorised by\nthe permit, the holder or the person must:\n(a) have the permit or a duplicate of the permit issued under\nsection 61 in his or her possession; and\n(b) if required by a conservation officer or an honorary\nconservation officer to do so – show the permit or duplicate of\nthe permit to the officer.\n\nTerritory Parks and Wildlife Conservation Act 1976 65\n(3) It is a condition of a permit that the holder of the permit, each\nnominee under the permit and each person employed or otherwise\nengaged by the holder of the permit or a nominee under the permit\nto carry out activities under the permit must comply with the permit\nand this Act.\n(4) A permit authorising the taking of wildlife for commercial purposes\nis subject to the condition that, if the property in the wildlife is\nvested in the Territory, the holder of the permit is to pay the\nroyalties (if any) assessed in accordance with section 116 in\nrespect of the wildlife.\n(5) In the event of an inconsistency arising between a term or condition\nof a permit prescribed by this Act and a term or condition of a\npermit imposed by the Director, the prescribed term or condition\nprevails.\n","sortOrder":81},{"sectionNumber":"58","sectionType":"section","heading":"Variation of permit","content":"58 Variation of permit\n(1) If, in the opinion of the Director it is appropriate:\n(a) on account of the classification of wildlife under section 29, the\nprinciples of management specified in section 31, a\nmanagement program, the declaration of an area of essential\nhabitat, an agreement under section 73 or 74 or a change in\nthe circumstances in relation to the survival, conservation or\nprotection of wildlife or the environment generally; or\n(b) for the purposes of the welfare of an animal or the safety and\nwelfare of the public,\nthe Director may:\n(c) on his or her own initiative; or\n(d) on the application of the holder of a permit to the Director,\nby notice in writing served on the holder of the permit, vary a term\nor condition of the permit.\n(2) An application under subsection (1)(d) is to be in a form approved\nby the Director.\n(3) A permit may be varied by the addition, substitution or deletion of a\nterm or condition.\n(4) A variation of a permit takes effect on:\nthe permit; or\n\nTerritory Parks and Wildlife Conservation Act 1976 66\n(b) the date specified for that purpose in the notice,\nwhichever occurs last.\n","sortOrder":82},{"sectionNumber":"59","sectionType":"section","heading":"Cancellation of permits","content":"59 Cancellation of permits\n(1) If:\n(a) the holder of a permit:\n(i) fails to pay fees or royalties required to be paid under\nthe permit;\n(ii) is found guilty of an offence against this Act or that\notherwise relates to wildlife;\n(iii) has paid a sum in pursuance of a notice of infringement\nissued under this Act; or\n(iv) is in breach of any other term or condition of the permit;\n(b) a nominee under a permit:\n(i) is found guilty of an offence against this Act or that\notherwise relates to wildlife; or\n(ii) is in breach of a term or condition of the permit;\n(c) information becomes available that indicates a new threat to,\nor any other new circumstance in relation to, the survival of\nwildlife, habitats, vegetation, ecosystems, the landscape or the\nenvironment generally (whether or not that will or has caused\nthe classification of the wildlife to be varied) to which the\npermit relates; or\n(d) the holder of a permit requests in writing that the permit be\ncancelled,\nthe Director may, by notice in writing served on the holder of a\npermit, cancel a permit.\n(2) The cancellation of a permit takes effect on the date of cancellation\n(3) A person whose permit is cancelled under subsection (1)(a) is not\neligible to apply for and be granted a permit until the expiry of\n5 years after the date of the notice of cancellation.\n\nTerritory Parks and Wildlife Conservation Act 1976 67\n","sortOrder":83},{"sectionNumber":"60","sectionType":"section","heading":"Permit holder requires permission to enter land","content":"60 Permit holder requires permission to enter land\nThe grant of a permit does not authorise:\n(a) the holder of the permit;\n(b) a nominee under the permit; or\n(c) a person employed or otherwise engaged by the holder of the\npermit or a nominee under the permit to carry out activities\nunder the permit,\nto enter onto land to carry out the activities authorised by the permit\nwithout the consent of the owner or the occupier of the land or, in\nthe case of unalienated Crown land, the Minister responsible for the\nadministration of the Crown Lands Act 1992.\n","sortOrder":84},{"sectionNumber":"61","sectionType":"section","heading":"Duplicate permits","content":"61 Duplicate permits\n(1) On granting a permit, the Director may issue a duplicate of the\npermit for:\n(a) each nominee under the permit; and\n(b) each person who will be employed or otherwise engaged by\nthe holder of the permit or a nominee under the permit to carry\nout activities under the permit.\n(2) A duplicate permit is to be in a form approved by the Director.\n","sortOrder":85},{"sectionNumber":"62","sectionType":"section","heading":"Permit holder is owner of wildlife taken under permit","content":"62 Permit holder is owner of wildlife taken under permit\nIf wildlife is taken by a person under a permit, the wildlife becomes\nthe property of the holder of the permit and, subject to any lawful\nagreement or other lawful arrangement the holder has entered into\nthat affects his or her rights and interests in the wildlife, the holder\nmay lawfully deal with that wildlife as its owner.\n","sortOrder":86},{"sectionNumber":"63","sectionType":"section","heading":"Permits not transferable","content":"63 Permits not transferable\nA permit is not transferable.\n\nTerritory Parks and Wildlife Conservation Act 1976 68\n","sortOrder":87},{"sectionNumber":"66","sectionType":"section","heading":"Offences relating to protected wildlife","content":"66 Offences relating to protected wildlife\n(1) A person must not take or interfere with protected wildlife unless the\n(2) A person must not have in his or her possession or under his or her\ncontrol an animal that is protected wildlife unless the person is\nauthorised to do so under this Act.\n\nTerritory Parks and Wildlife Conservation Act 1976 69\n(3) A person must not bring protected wildlife into, release protected\nwildlife in or take protected wildlife out of the Territory unless the\n(4) It is a defence to a prosecution against subsection (1) if the\ndefendant proves that the contravention or failure to comply that\nconstitutes the offence occurred as a result of the defendant's\nreasonable use and enjoyment of the land where the wildlife was\nlocated and was not the result of negligence on the part of the\ndefendant.\n","sortOrder":88},{"sectionNumber":"67","sectionType":"section","heading":"Offence relating to unprotected wildlife","content":"67 Offence relating to unprotected wildlife\nA person must not take or interfere with unprotected wildlife for\ncommercial purposes unless the person is authorised to do so\nunder this Act.\n\nTerritory Parks and Wildlife Conservation Act 1976 70\n","sortOrder":89},{"sectionNumber":"67A","sectionType":"section","heading":"Offence relating to feral animals","content":"67A Offence relating to feral animals\nA person must not release a feral animal in the Territory.\n100 penalty units or imprisonment for\n","sortOrder":90},{"sectionNumber":"67B","sectionType":"section","heading":"Offences relating to prohibited entrants","content":"67B Offences relating to prohibited entrants\nA person must not:\n(a) bring a prohibited entrant into the Territory;\n(b) have a prohibited entrant in his or her possession or under his\nor her control;\n(c) release a prohibited entrant in the Territory; or\n(d) take a prohibited entrant out of the Territory,\nunless the person is authorised to do so under this Act.\n100 penalty units or imprisonment for\n","sortOrder":91},{"sectionNumber":"67C","sectionType":"section","heading":"Offences relating to areas of essential habitat","content":"67C Offences relating to areas of essential habitat\n(1) A person must not, either directly or indirectly, alter, damage or\ndestroy an area or part of an area of essential habitat unless the\n\nTerritory Parks and Wildlife Conservation Act 1976 71\n(2) A person must not take, interfere with or remove wildlife in or from\nan area of essential habitat unless the person is authorised to do so\nunder this Act.\n(3) A person must not, without being authorised to do so under this Act,\nhave in his or her possession or under his or her control, or use, in\na part of an area of essential habitat that is not a public or private\nroad:\n(a) an article, thing, animal or plant specified in a declaration\nunder section 37(6) as an article, thing or wildlife that may not\nbe taken into an area of essential habitat without the written\nauthority of the Director; or\n(b) any other article or thing that is:\n(i) a kind of weapon that discharges a projectile; or\n(ii) a kind of trap.\nMaximum penalty: In the case of a natural person – 50 penalty\nunits or imprisonment for 6 months.\n","sortOrder":92},{"sectionNumber":"67D","sectionType":"section","heading":"Compliance with permit","content":"67D Compliance with permit\n(1) The following persons must not contravene or fail to comply with a\npermit:\n(a) the holder of the permit;\n(b) a nominee under the permit;\n\nTerritory Parks and Wildlife Conservation Act 1976 72\n(c) a person employed or otherwise engaged by the holder of the\npermit or a nominee under the permit to carry out activities\nunder the permit.\nMaximum penalty: In the case of a natural person – 50 penalty\nunits or imprisonment for 6 months.\n","sortOrder":93},{"sectionNumber":"67E","sectionType":"section","heading":"Offence relating to crocodile traps","content":"67E Offence relating to crocodile traps\n(1) A person must not interfere with or damage a crocodile trap owned\nby the Territory or the Commission.\nMaximum penalty: 50 penalty units or 6 months imprisonment.\n(3) Subsection (1) does not apply if the person is authorised by the\nDirector to interfere with or damage the crocodile trap.\n(4) In this section:\ncrocodile trap means a trap designed for catching crocodiles,\nwhether in use or not.\ninterfere with includes the following:\n(a) touch;\n(b) stand on;\n(c) enter;\n(d) move;\n(e) otherwise disturb.\n","sortOrder":94},{"sectionNumber":"68","sectionType":"section","heading":"Commission may authorize display of traffic signs","content":"68 Commission may authorize display of traffic signs\n(1) Subject to subsection (2), the Commission may authorize the\ndisplay of traffic signs in parks and on reserves for the purposes of:\n(a) regulating the speed of vehicles along roads and in public\nplaces in parks and on reserves;\n\nTerritory Parks and Wildlife Conservation Act 1976 73\n(b) regulating or prohibiting the parking or standing of vehicles on\nroads and in public places in parks and on reserves; or\n(c) otherwise regulating or prohibiting traffic on roads and in\npublic places in parks and on reserves.\n(2) The Commission may not authorize the display of a traffic sign that\nwould give a direction that is inconsistent with a direction given by a\ntraffic sign already displayed in that place under another law of the\nNorthern Territory.\n","sortOrder":95},{"sectionNumber":"69","sectionType":"section","heading":"Drivers must comply with traffic signs","content":"69 Drivers must comply with traffic signs\n(1) A driver of a motor vehicle shall not contravene a direction given by\na traffic sign that is displayed by authority of the Commission\nexcept in accordance with a direction given by a person acting with\nthe authority of the Commission.\nMaximum penalty: 5 penalty units.\n","sortOrder":96},{"sectionNumber":"70","sectionType":"section","heading":"Traffic signs deemed to be lawfully displayed","content":"70 Traffic signs deemed to be lawfully displayed\nIn a prosecution for an offence under section 69, evidence that a\ntraffic sign was displayed is evidence that it was displayed by an\nauthority of the Commission.\n","sortOrder":97},{"sectionNumber":"71","sectionType":"section","heading":"By-laws","content":"71 By-laws\n(1) Subject to subsection (1A), the Commission may make by-laws, not\ninconsistent with this Act or the regulations, prescribing all matters\nrequired or permitted by this Act to be prescribed by by-laws or\nnecessary or convenient to be so prescribed for carrying out or\ngiving effect to the functions and powers of the Commission.\n(1A) The Commission shall not make a by-law under this section relating\nto operations for the recovery or processing of minerals in a park or\nreserve or a sanctuary, other than fossicking, and no by-laws made\nby the Commission shall be construed so as to limit the rights or\nactivities of the holder of a mining interest, or his workmen,\nservants or agents, in relation to land comprising the whole or a\npart of a park or reserve or sanctuary in pursuance of that mining\n(2) Without limiting the generality of subsection (1) but subject to\nsubsection (1A), by-laws may be made:\n(a) providing for the prohibition or the regulation of fishing in parks\nor on reserves or part of parks or reserves;\n\nTerritory Parks and Wildlife Conservation Act 1976 74\n(b) providing for the prohibition of the use of firearms in parks or\n(c) providing for the prohibition of the setting of traps in parks or\n(d) providing for the requiring of persons, upon entering parks or\nreserves, to declare all items of fishing equipment, firearms,\nammunition and traps in their possession;\n(e) providing for the prohibition or the regulation of the carrying of\nfishing equipment, firearms, ammunition and traps in parks or\n(f) providing for the seizing of fishing equipment, firearms,\nammunition and traps reasonably suspected of being carried\nor used in contravention of a by-law;\n(g) regulating or prohibiting the pollution of water in a manner\nharmful to wildlife in parks, reserves or wilderness areas;\n(h) providing for the protection and preservation of parks and\nreserves and property and things in parks and reserves;\n(i) providing opening times and closing times for parks and\nreserves;\n(j) regulating or prohibiting access to the whole or part of a park\nor reserve by persons or classes of persons;\n(k) providing for the removal from parks and reserves of persons\nwho are believed on reasonable grounds to be trespassers or\nto have contravened or failed to comply with this Act or a\nby-law;\n(l) regulating or prohibiting camping in parks and reserves;\n(m) providing for the safety of persons in parks and reserves;\n(n) regulating or prohibiting the use of fire in parks and reserves;\n(o) regulating the conduct of persons in parks and reserves;\n(p) providing for the prevention or control of nuisances in parks\nand reserves and of the fouling of water in parks and reserves;\n(q) regulating or prohibiting the carrying on of any trade or\ncommerce in a park or reserve;\n\nTerritory Parks and Wildlife Conservation Act 1976 75\n(r) providing for fees and charges to be imposed by the\nCommission upon persons entering, camping in or using a\npark or reserve or part of a park or reserve or using services\nor facilities provided by the Commission in or in connection\nwith a park or reserve;\n(s) regulating or prohibiting the use of vehicles in parks and\nreserves and providing for signs and road markings for those\npurposes;\n(t) regulating or prohibiting, and providing for the imposition and\ncollection of charges for:\n(i) the parking or stopping of vehicles;\n(ii) the mooring of vessels;\n(iii) the landing of aircraft; and\n(iv) the use of vehicles and vessels, in parks and reserves;\n(u) providing for the removal of vehicles, aircraft or vessels from\nplaces in parks and reserves where they have been left in\ncontravention of the by-laws or have been abandoned and for\nthe impounding of such vehicles, aircraft or vessels;\n(v) making provision to the effect that, where a contravention of a\nprovision of the by-laws relating to the parking or stopping of\nvehicles in a park or reserve occurs in respect of a motor\nvehicle, the person who is to be regarded as the owner of the\nmotor vehicle for the purposes of the by-laws (who may, in\naccordance with the by-laws, be or include a person in whose\nname the motor vehicle is registered under the law of the\nTerritory) is to be, except as provided otherwise, deemed to\nhave committed an offence against the provision so\ncontravened, whether or not he in fact contravened that\nprovision;\n(x) regulating or prohibiting the use of vessels in, and the\npassage of vessels through, parks and reserves and the\nlanding and use of aircraft in, and the flying of aircraft over,\nparks and reserves;\n(y) regulating or prohibiting the taking of animals or plants into, or\nout of, parks and reserves and providing for the control of\nanimals in parks and reserves;\n(z) providing for the impounding, removal, destruction or disposal\nof animals found straying in parks and reserves;\n\nTerritory Parks and Wildlife Conservation Act 1976 76\n(za) regulating or prohibiting the taking into parks and reserves,\nand the use in parks and reserves, of weapons, traps, nets,\nsnares, fishing apparatus and other devices;\n(zb) regulating or prohibiting the laying of baits and the use of\nexplosives and poisons in parks and reserves;\n(zc) providing for the collection of specimens and the pursuit of\nresearch in parks and reserves for scientific purposes;\n(zca) providing for fossicking in parks and reserves; and\n(zd) providing for any matter incidental to or connected with any of\nthe foregoing.\n(3) A provision of the by-laws regulating or prohibiting the flying of\naircraft over a park or reserve does not have any force or effect to\nthe extent to which it is inconsistent with a law of Australia, but such\na provision shall not be taken for the purposes of this subsection to\nbe inconsistent with such a law if it can be complied with without\ncontravention of that law.\n(4) The power to make by-laws conferred by this Act may be exercised:\n(a) in relation to all cases to which the power extends, or in\nrelation to all those cases subject to specified exceptions, or in\nrelation to any specified cases or classes of case; and\n(b) so as to make, as respects the cases in relation to which it is\nexercised, the same provision for all those cases or different\ncases or classes of case.\n(5) The power to make by-laws conferred by this Act shall not be taken,\nby implication to exclude the power to make provision for or in\nrelation to a matter by reason only of the fact that:\n(a) a provision is made by this Act in relation to that matter or\nanother matter; or\n(b) power is expressly conferred by this Act to make provision by\nby-laws for or in relation to another matter.\n(6) The by-laws may provide, in respect of an offence against the\nby-laws, for the following:\n(a) a maximum penalty of, or of not more than an amount equal\nto, 40 penalty units;\n\nTerritory Parks and Wildlife Conservation Act 1976 77\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(6A) The by-laws may, for an offence against the by-laws, provide for the\n(a) the offence to be a regulatory offence;\n(b) the payment of a prescribed amount instead of a penalty that\nmay otherwise be imposed for the offence, the service of a\nnotice relating to payment of the amount on a person alleged\nto have committed the offence and the particulars to be\nincluded in the notice.\n(7) The limitation imposed by subsection (6) on the penalties that may\nbe prescribed by the by-laws does not prevent the by-laws from\nrequiring a person to make a statutory declaration.\n(8) In this section park or reserve shall be taken to include, and to\nhave always included, land the care, control and management of\nwhich (however described), by or under this or any other Act\n(including by agreement with the owner of the land), lies with the\n","sortOrder":98},{"sectionNumber":"71A","sectionType":"section","heading":"By-laws apply to land other than parks or reserves","content":"71A By-laws apply to land other than parks or reserves\n(1) Where the Commission enters into an agreement under section 73\nor 74, the by-laws apply to and in relation to land the subject of the\nagreement to the extent, and subject to the conditions, limitations\nand qualifications (if any), as is agreed between the parties to the\nagreement.\n(2) Where a by-law applies under subsection (1), the Commission\nshall, not later than 28 days after entering into the agreement,\npublish notice of the application of the by-law in:\n(a) the Gazette; and\n(b) a newspaper circulating throughout the Territory,\nand such notice shall include a description of the land to which the\nby-law applies.\n(3) A by-law referred to in subsection (2) shall take effect in relation to\nthe land to which it applies on and from the date of publication of\nthe notice in the Gazette.\n\nTerritory Parks and Wildlife Conservation Act 1976 78\n","sortOrder":99},{"sectionNumber":"73","sectionType":"section","heading":"Agreements regarding wildlife etc. on land occupied by","content":"73 Agreements regarding wildlife etc. on land occupied by\nAboriginals\n(1) If Aboriginals occupy an area of land or take and use wildlife from\nan area of land in accordance with Aboriginal tradition, the\nCommission may:\n(a) assist or co-operate in; or\n(b) enter into negotiations and finalise agreements relating to,\nthe management of the land to protect and conserve wildlife on the\nland and protect the natural features of the land with:\n(c) subject to the Aboriginal Land Rights (Northern Territory)\nAct 1976 of the Commonwealth, an Aboriginal Land Council\nestablished under that Act in respect of the land; or\n(d) any other organisation or body that controls or manages the\nland or in which the land is vested.\n(1A) An agreement under subsection (1) may provide for financial\nassistance by the Territory or the Commission to achieve the object\nof the agreement but any such provision providing for financial\nassistance by the Territory shall have no effect unless approved in\nwriting by the Minister.\n(1B) An agreement under subsection (1) may provide for the granting of\npermits in relation to the taking and using of wildlife in accordance\nwith Aboriginal tradition on the land to which the agreement relates.\n(1C) The Commission must not take any action under subsection (1) in\nrelation to land referred to in that subsection unless the Director has\nconsulted with the Aboriginals who the Director is satisfied use the\nland in accordance with Aboriginal tradition.\n(2) Where, at the expiration of 2 years from the date of execution of a\ndeed of grant of an estate in fee simple by the Governor-General\nunder section 12 of the Aboriginal Land Rights (Northern Territory)\nAct 1976, no agreement under subsection (1) has been entered into\nbetween the Commission and an Aboriginal Land Council, a then\nexisting declaration of a sanctuary or a protected area over the land\ncontained in the deed of grant or a part of that land is, by operation\nof this subsection, revoked.\n","sortOrder":100},{"sectionNumber":"74","sectionType":"section","heading":"Protection etc. of wildlife and natural features of private land","content":"74 Protection etc. of wildlife and natural features of private land\n(1) The Commission may negotiate, and enter into agreements, with a\nland owner relating to schemes for the protection and conservation\nof wildlife in, and the protection of the natural features of, his land.\n\nTerritory Parks and Wildlife Conservation Act 1976 79\n(1A) An agreement under subsection (1) may provide for financial\nassistance by the Territory or the Commission to achieve the object\nof the agreement but any such provision providing for financial\nassistance by the Territory shall have no effect unless approved in\nwriting by the Minister.\n","sortOrder":101},{"sectionNumber":"74A","sectionType":"section","heading":"Nature of agreement for protection and conservation of wildlife","content":"74A Nature of agreement for protection and conservation of wildlife\n(1) An agreement under section 74(1) is binding on the land-owner\naccording to its tenor but may be varied by further agreement.\n(2) The burden of an agreement under section 74(1), to the extent that\nit relates to the preservation, maintenance or care of land (including\na fixture on the land), is an interest registrable under the Land Title\nAct 2000 and operates as a covenant which runs with the land, and\nthe Minister has power to enforce the covenant against persons\nderiving title from the person who entered into the agreement as if it\nwere a restrictive covenant, notwithstanding that it may be positive\nin nature or that it is not for the benefit of any land of the Territory.\n","sortOrder":102},{"sectionNumber":"91","sectionType":"section","heading":"Officers and employees of Australia and government","content":"91 Officers and employees of Australia and government\nauthorities\n(1) The Administrator may make arrangements with the Government of\nAustralia for the performance of functions and the exercise of\npowers under this Act by officers or employees of Australia or of an\nauthority of Australia.\n(2) The Minister may make arrangements with the Officer in Charge of\na Department of the Public Service of the Territory or with an\nauthority of the Territory, for the performance of functions and the\nexercise of powers under this Act by officers or employees of the\nDepartment or of the authority, as the case may be.\n","sortOrder":103},{"sectionNumber":"92","sectionType":"section","heading":"Appointment of conservation officer or honorary conservation","content":"92 Appointment of conservation officer or honorary conservation\nofficer\n(1) The Commission may, by writing under its seal, appoint the\nfollowing as a conservation officer:\n(a) an officer or employee of the Commission;\n(b) an Aboriginal ranger.\n\nTerritory Parks and Wildlife Conservation Act 1976 80\n(2) The Commission may, by writing under its seal, appoint the\nfollowing as an honorary conservation officer:\n(a) an officer or employee referred to in section 91;\n(b) an officer or employee of the Public Service of another State\nor Territory.\n(2A) A person ceases to be a conservation officer or honorary\nconservation officer when:\n(a) the person resigns; or\n(b) the person's appointment is terminated; or\n(c) the person ceases to meet the criteria necessary for\nappointment.\n(3) Despite subsection (2), the Minister may, subject to any terms and\nconditions as the Minister thinks fit, appoint a person to be an\nhonorary conservation officer.\n","sortOrder":104},{"sectionNumber":"93","sectionType":"section","heading":"Conservation officers, &c., ex officio","content":"93 Conservation officers, &c., ex officio\nBy force of this section:\n(a) the Director is a conservation officer; and\n(b) any member of the Police Force of the Territory is an honorary\nconservation officer.\n","sortOrder":105},{"sectionNumber":"93A","sectionType":"section","heading":"Function of conservation officers and honorary conservation","content":"93A Function of conservation officers and honorary conservation\nofficers\n(1) It is the function of conservation officers and honorary conservation\nofficers to assist the Director with the management of parks,\nreserves, sanctuaries and areas of essential habitat and with the\nconservation of wildlife.\n(2) Aboriginal rangers are recognised as being highly qualified for\nproviding the functions of conservation officers because of their\ntraditional, cultural and technical skills.\n","sortOrder":106},{"sectionNumber":"93B","sectionType":"section","heading":"Powers of conservation officers and honorary conservation","content":"93B Powers of conservation officers and honorary conservation\nofficers\n(1) The Director must, by written notice, determine which of the powers\nconferred on conservation officers by or under this Act a\nconservation officer or class of conservation officer has and the\nconditions of the exercise of those powers.\n\nTerritory Parks and Wildlife Conservation Act 1976 81\n(1A) Prior to determining, under subsection (1), the powers and\nconditions to be conferred on a conservation officer appointed\nunder section 92(1)(b), the Director must consult the employer of\nthe conservation officer and obtain written authority from that\nemployer endorsing the powers and conditions of appointment.\n(2) The Director must, by written notice, determine which of the powers\nconferred on conservation officers by or under this Act an honorary\nconservation officer appointed under section 92(2) or (3) has and\nthe conditions of the exercise of those powers.\n(3) A conservation officer or a honorary conservation officer appointed\nunder section 92(2) or (3):\n(a) may only exercise the powers determined under\nsubsection (1) or (2); and\n(b) must exercise their powers subject to the conditions\ndetermined under this section.\n(4) An honorary conservation officer who is a member of the Police\nForce of the Northern Territory has and may exercise, subject to the\ndirections of the Commissioner of Police, the powers conferred on a\nconservation officer by or under this Act.\n(5) The Director may, by written notice, place one or more of the\nfollowing conditions on the powers of a conservation officer\nappointed under section 92(1)(b):\n(a) the conservation officer may exercise their powers in a\nspecified geographical area;\n(b) the conservation officer may exercise their powers in an area\nsubject to an agreement under section 73 or 74.\n(6) If specifying a geographical area under subsection (5)(a), the\nDirector must not include:\n(a) an area of Aboriginal Land under the Aboriginal Land Rights\n(Northern Territory) Act 1976 (Cth) as an area in which the\nconservation officer may exercise their powers unless the\nDirector receives written consent from an authorising body\nthat the conservation officer may exercise their powers on the\nland; and\n(b) an area of private land unless the land owner, Land Council or\nLand Trust has given the Director written consent.\n\nTerritory Parks and Wildlife Conservation Act 1976 82\n","sortOrder":107},{"sectionNumber":"93C","sectionType":"section","heading":"Compliance with Director's directions by officers","content":"93C Compliance with Director's directions by officers\nThe Director may give directions to a conservation officer or an\nhonorary conservation officer appointed under section 92(2) or (3)\nin respect of the exercise his or her powers and performance of his\nor her function and the conservation officer or honorary\nconservation officer must comply with those directions.\n","sortOrder":108},{"sectionNumber":"94","sectionType":"section","heading":"Identity cards","content":"94 Identity cards\n(1) The Commission shall cause to be issued to each conservation\nofficer and to each honorary conservation officer, other than a\nmember of the Police Force, an identity card containing a\nphotograph and the signature of the holder.\n(2) A person who ceases to be a conservation officer or honorary\nconservation officer shall forthwith return his identity card to the\nMaximum penalty: 20 penalty units.\n","sortOrder":109},{"sectionNumber":"95","sectionType":"section","heading":"Conservation officers have powers of constables","content":"95 Conservation officers have powers of constables\nIn addition to any powers elsewhere conferred on a conservation\nofficer by this Act, a conservation officer in carrying out his\nfunctions and duties under this Act, has all the powers and duties,\nand the same protection at law in relation to the exercise and\nperformance of those powers and duties, as a member of the Police\nForce with the rank of constable under the Police Administration\nAct 1978.\n","sortOrder":110},{"sectionNumber":"96","sectionType":"section","heading":"Search of premises and persons","content":"96 Search of premises and persons\n(1) In this section:\nenter includes to board.\npremises includes vacant land and vehicles.\nresidential premises means premises used exclusively or\nprimarily for residential purposes and includes a private room in a\nmotel, hotel or guesthouse while the room is occupied but does not\ninclude a private room in a motel, hotel or guesthouse if the room is\nunoccupied or any other part of a motel, hotel or guesthouse.\nvehicle includes an aircraft and a vessel.\n\nTerritory Parks and Wildlife Conservation Act 1976 83\n(2) For the purposes of this section, a vehicle, substance or thing is\nconnected with an offence if:\n(a) the offence has been committed with respect to the vehicle,\nsubstance or thing;\n(b) the vehicle, substance or thing will afford evidence of the\ncommission of the offence; or\n(c) the vehicle, substance or thing was used, is being used or is\nintended to be used for the purpose of committing the offence.\n(3) For the purposes of the administration or enforcement of this Act, a\nconservation officer may:\n(a) enter:\n(i) premises other than residential premises at any time of\nthe day or night; or\n(ii) any premises with the consent of the occupier or a\nperson apparently in charge of the premises; and\n(b) enter premises under paragraph (a)(i) or (ii) with the\nassistance, and using the force, that is necessary and\nreasonable.\n(4) For the purpose of entering a vehicle under subsection (3), a\nconservation officer may require a person to stop or move the\nvehicle or to bring the vehicle to a place and remain in control of the\nvehicle until the conservation officer permits the vehicle to depart.\n(5) A conservation officer who enters premises under subsection (3)\nmay do any of the following:\n(a) inspect or examine the premises or a substance or thing found\nin or on the premises;\n(b) break open and search furniture and fixtures, or boxes,\npackages and other containers, found in or on the premises;\n(c) take measurements of, or conduct tests in relation to, the\npremises or a substance or thing found in or on the premises;\n(d) take photographs, films or audio, video or other recordings of\nthe premises or a substance or thing found in or on the\npremises;\n(e) take and remove from the premises samples for analysis of a\nsubstance or thing found in or on the premises;\n\nTerritory Parks and Wildlife Conservation Act 1976 84\n(f) if the premises entered are a vehicle – subject to\nsubsection (9), seize the vehicle;\n(g) subject to subsection (9), seize a substance or thing found in\nor on the premises, including a vehicle;\n(h) in the case of a document found in or on the premises – take\ncopies of or extracts from the document;\n(j) require a person in or on the premises to:\n(i) answer questions or provide information;\n(ii) make available documents kept on the premises; or\n(iii) provide reasonable assistance to the conservation\nofficer in relation to the exercise of his or her powers\nunder this section.\n(6) A conservation officer:\n(a) may require a person to stop, to state his or her name and\naddress and to answer the questions put to the person by the\nofficer; and\n(b) if the officer believes on reasonable grounds that the person:\n(i) has committed, is committing or is about to commit an\noffence against this Act; or\n(ii) is in possession of a substance or thing connected with\nan offence,\nmay require the person to accompany the officer to a place, at\nthat place search the person and any bag or other container in\nthe person's possession and, subject to subsection (9), seize\na substance or thing found on the person or in the person's\npossession.\n(7) A search of a person under subsection (6) is to be conducted by:\n(a) if the person is female – a female conservation officer; or\n(b) if the person is male – a male conservation officer.\n\nTerritory Parks and Wildlife Conservation Act 1976 85\n(8) After taking a sample under subsection (5)(e) or seizing a vehicle,\nsubstance or thing under subsection (5)(f) or (g) or (6)(b), a\nconservation officer must give a receipt for the sample, vehicle,\nsubstance or thing to:\n(a) in the case of a sample taken under subsection (5)(e) or a\nvehicle, substance or thing seized under subsection (5)(f)\nor (g):\n(i) the occupier or a person apparently in charge of the\npremises; or\n(ii) the person who the conservation officer reasonably\nbelieves was in possession of the sample, vehicle,\nsubstance or thing immediately before it was taken or\nseized; or\n(b) in the case of a substance or thing seized under\nsubsection (6)(b) – the person searched.\n(9) A conservation officer may seize a vehicle, substance or thing\nunder subsection (5)(f) or (g) or subsection (6)(b) if he or she has\nreasonable grounds for believing that:\n(a) the vehicle, substance or thing is connected with an offence\nagainst this Act; and\n(b) the seizure is necessary to prevent the vehicle, substance or\nthing from being:\n(i) concealed, lost, damaged or destroyed; or\n(ii) used to commit the offence.\n(10) A conservation officer is not entitled:\n(a) to remain on premises entered by the conservation officer\nunder subsection (5) if, on request by the occupier or a person\napparently in charge of the premises, the conservation officer\ndoes not produce his or her identity card; or\n(b) to continue to do anything authorised under subsection (6) in\nrespect of a person if, on request by the person, the\nconservation officer does not produce his or her identity card.\n\nTerritory Parks and Wildlife Conservation Act 1976 86\n","sortOrder":111},{"sectionNumber":"97","sectionType":"section","heading":"Power to inspect permits","content":"97 Power to inspect permits\nA conservation officer may require a person who is engaged or it\nappears is, has been or will be engaged in an activity for which a\npermit is required to show the conservation officer his or her permit\nor duplicate permit authorising the activity.\n","sortOrder":112},{"sectionNumber":"97A","sectionType":"section","heading":"Person to comply with requirements of conservation officer","content":"97A Person to comply with requirements of conservation officer\netc.\n(1) A person must not:\n(a) refuse or fail to comply with a requirement of a conservation\nofficer under section 96 or 97;\n(b) fail to answer a question put to him or her by a conservation\nofficer; or\n(c) give an answer to a question put to him or her by a\nconservation officer that is false or misleading in a material\nparticular.\n(2) In subsection (1), conservation officer includes an honorary\nconservation officer.\n","sortOrder":113},{"sectionNumber":"98","sectionType":"section","heading":"Confiscation and forfeiture","content":"98 Confiscation and forfeiture\n(1) Where a court finds a person guilty of an offence against this Act,\nthe court may order the forfeiture to the Territory of any vehicle,\naircraft, vessel or thing used or otherwise involved in the\n(2) A vehicle, aircraft, vessel or thing seized under section 96 may be\nretained by the conservation officer who seized it until the expiration\nof a period of 60 days after the seizure or, if a prosecution for an\noffence against this Act in the commission of which it may have\nbeen used or otherwise involved is instituted within that period, until\nthe prosecution is terminated.\n(3) The Director may authorize a vehicle, aircraft, vessel or thing\nseized under section 96 to be released to its owner, or to the\nperson from whose possession it was seized, either unconditionally\nor on such conditions as he thinks fit, including conditions as to the\ngiving of security for payment of its value if it is forfeited.\n(4) A vehicle, aircraft, vessel or thing forfeited under this section may\nbe sold or otherwise disposed of as the Commission thinks fit.\n\nTerritory Parks and Wildlife Conservation Act 1976 87\n(5) A conservation officer may seize:\n(a) any animal or plant that he reasonably believes to have been\nkilled or taken in contravention of this Act;\n(b) any animal that he reasonably believes is being held\nunlawfully or is the property of Australia; or\n(c) any animal that he reasonably believes to have been used or\notherwise involved in the commission of an offence against\n(6) Where an animal or plant has been seized under subsection (5),\nthe Director or a conservation officer may cause it to be:\n(a) released;\n(b) retained; or\n(c) sold or otherwise disposed of.\n(7) Where an animal or plant seized under subsection (5) was not killed\nor taken in contravention of this Act or used or otherwise involved in\nthe commission of an offence against this Act, any person who has\nsuffered loss or damage by reason of the seizure is entitled to\nreasonable compensation.\n","sortOrder":114},{"sectionNumber":"99","sectionType":"section","heading":"Review by NTCAT","content":"99 Review by NTCAT\n(1) A reviewable decision is:\n(a) a decision specified in Schedule 2; or\n(b) a decision made under the by-laws that is prescribed by the\nby-laws to be a reviewable decision for this section.\n(2) An affected person is:\n(a) for a reviewable decision referred to in subsection (1)(a) – a\nperson specified in Schedule 2 for the decision; or\n(b) for a reviewable decision referred to in subsection (1)(b) – a\nperson prescribed by the by-laws to be an affected person for\nthe decision.\n(3) NTCAT has jurisdiction to review a reviewable decision.\n\nTerritory Parks and Wildlife Conservation Act 1976 88\n(4) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 99\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":115},{"sectionNumber":"110","sectionType":"section","heading":"Limitation of liability","content":"110 Limitation of liability\n(1) No civil or criminal liability is incurred by the Director, a member of\nthe Commission, a conservation officer, an honorary conservation\nofficer or any other officer or employee of the Commission for or in\nrelation to an act or omission on his or her part done or made in\ngood faith in or in connection with the performance or exercise, or\npurported performance or exercise, of his or her powers or\nfunctions under this Act.\n(2) Subsection (1) has effect subject to Part VIIA of the Police\nAdministration Act 1978 to the extent it relates to the civil liability of\nan honorary conservation officer who is a member of the Police\nForce.\n","sortOrder":116},{"sectionNumber":"111","sectionType":"section","heading":"Recovery of expenses of Commission","content":"111 Recovery of expenses of Commission\n(1) Where the Commission enters land and incurs expenses in carrying\nout work on the land that the owner or occupier of the land was\nrequired to do under this Act, the Commission may recover the\nexpenses reasonably incurred by the Commission from the owner\nor occupier of the land as a debt due and payable to the\n(2) An amount recoverable as a debt by virtue of subsection (1) is an\noverriding statutory charge within the meaning of the Land Title Act\non the land to which it relates.\n(3) In subsection (2), amount includes the interest, if any, that accrues\non the amount.\n","sortOrder":117},{"sectionNumber":"112","sectionType":"section","heading":"Power to enter land","content":"112 Power to enter land\n(1) The Commission may authorize the Director, with such assistants,\nplant, machinery and equipment as he thinks fit, to enter any land\nto:\n(a) assess whether or not the land is suitable for reservation\nunder this Act; or\n\nTerritory Parks and Wildlife Conservation Act 1976 89\n(b) examine the wildlife located on the land for the purposes of:\n(i) classifying the wildlife under section 29;\n(ii) formulating and implementing a management program;\n(iii) negotiating and entering into a co-operative\nmanagement agreement;\n(iv) declaring an area of essential habitat; or\n(v) declaring a feral animal control area.\n(2) The Director shall not enter upon private land in pursuance of an\nauthority given under subsection (1) until after he has given\nreasonable notice to the occupier of that land that he has been\nauthorized under this section to carry out the investigation.\n(3) Where the Director enters upon land in pursuance of an authority\ngiven under subsection (1), he may do such things as he thinks\nnecessary for the purpose of carrying out his assessment or\nexamination.\n(4) The Commission is liable to pay reasonable compensation for any\ndamage or loss suffered in consequence of the carrying out of an\nassessment or examination under this section.\n","sortOrder":118},{"sectionNumber":"113","sectionType":"section","heading":"Authorized destruction of feral animals in park etc.","content":"113 Authorized destruction of feral animals in park etc.\n(1) Notwithstanding anything contained in this Act, if the Director is\nsatisfied that feral animals are present in a park, reserve, area of\nessential habitat or sanctuary in such numbers that the habitat is\nbeing affected or the survival of wildlife in the area is imperilled, he\nmay destroy or, by an authority in writing, he may authorize the\ndestruction of, such a number of those feral animals as is, in his\nopinion, necessary to ensure the preservation of the habitat or of\nthe wildlife in the area.\n(2) An authority given under subsection (1) authorizes the person\nnamed therein to enter the area named in the authority, to take\nfirearms and traps into the area named in the authority and to take,\ncapture, kill and have in his possession animals in the area named\nin the authority.\n(3) In this section feral animal includes an animal of a domesticated\nspecies which is living in a wild state.\n\nTerritory Parks and Wildlife Conservation Act 1976 90\n","sortOrder":119},{"sectionNumber":"114","sectionType":"section","heading":"Making of false statement","content":"114 Making of false statement\nA person must not, whether orally or in writing, wilfully make a false\nor misleading statement in connection with a matter under this Act.\nimprisonment for 2 years.\n","sortOrder":120},{"sectionNumber":"115","sectionType":"section","heading":"Averment in relation to parks etc.","content":"115 Averment in relation to parks etc.\nIn any proceedings for an offence against this Act, an averment of\nthe prosecutor, contained in the information or complaint, that, at a\nspecified time:\n(a) the defendant was in a specified park, reserve, sanctuary or\narea of essential habitat;\n(b) an animal was a protected animal, or partly protected animal,\ngame, or feral animal or a prohibited entrant; or\n(c) an animal, plant, vehicle, aircraft, vessel or article referred to\nin the information or complaint was in a specified park,\nreserve, sanctuary or area of essential habitat,\nis prima facie evidence of the matter averred.\n","sortOrder":121},{"sectionNumber":"115A","sectionType":"section","heading":"Parties to offences committed outside Territory","content":"115A Parties to offences committed outside Territory\n(1) A person in the Territory who is a party to an act done in a place\noutside the Territory that:\n(a) is an offence against a law in force in that place; and\n(b) if the act had been done in the Territory – would be an offence\nagainst this Act,\nis to be taken to have committed the offence against this Act and, if\nfound guilty of that offence by virtue of this section, is liable to the\nsame penalty and forfeiture as if the act had been done in the\n(2) Subsection (1) is to be construed so that, if the person has\npreviously been found guilty of the offence against a law in force in\nthe place outside the Territory, a court may not find him or her guilty\nof the offence against this Act.\n\nTerritory Parks and Wildlife Conservation Act 1976 91\n","sortOrder":122},{"sectionNumber":"115B","sectionType":"section","heading":"Liability of permit holders and nominees for actions of others","content":"115B Liability of permit holders and nominees for actions of others\nunder permit\n(1) Where:\n(a) a nominee under a permit; or\n(b) a person employed or otherwise engaged by the holder of a\npermit or a nominee under a permit to carry out activities\nunder the permit,\ncommits an offence against this Act while carrying out or\npurportedly carrying out activities under the permit, the holder of the\npermit is to be taken to have committed the same offence.\n(2) It is a defence to a prosecution for an offence committed by virtue\nof subsection (1):\n(a) that the nominee or the person referred to in subsection (1)(b)\nwould not have been found guilty of the offence because the\nnominee or person would have been able to establish a\ndefence;\n(b) that the defendant did not know, and could not reasonably\nhave been expected to know, that the offence was to be or\nwas being committed; or\n(c) that the defendant exercised due diligence to prevent the\n(3) Where a person employed or otherwise engaged by a nominee\nunder a permit to carry out activities under the permit commits an\noffence against this Act while carrying out or purportedly carrying\nout activities under the permit, the nominee is to be taken to have\ncommitted the same offence.\n(4) It is a defence to a prosecution for an offence committed by virtue\nof subsection (3):\n(a) that the person referred to in subsection (3) would not have\nbeen found guilty of the offence because the person would\nhave been able to establish a defence;\n(b) that the defendant did not know, and could not reasonably\nhave been expected to know, that the offence was to be or\nwas being committed; or\n(c) that the defendant exercised due diligence to prevent the\n\nTerritory Parks and Wildlife Conservation Act 1976 92\n(5) A person may be prosecuted and found guilty of an offence by\nvirtue of subsection (1) or (3) whether or not the nominee or the\nperson referred to in subsection (1)(b) or (3) has been prosecuted\nfor or found guilty of the offence.\n(6) A person is not liable to imprisonment if found guilty of an offence\nby virtue of subsection (1) or (3) if the person would not have been\nfound guilty of the offence if subsection (1) or (3) had not been\nenacted.\n","sortOrder":123},{"sectionNumber":"115C","sectionType":"section","heading":"Conduct of directors, employees and agents","content":"115C Conduct of directors, employees and agents\n(1) Where, in a prosecution for an offence against this Act, it is\nnecessary to establish the state of mind of a body corporate or a\nnatural person in relation to particular conduct, it is sufficient to\nshow:\n(a) that the conduct was engaged in by a director, employee or\nagent of the body corporate, or an employee or agent of the\nnatural person, within the scope of his or her actual or\napparent authority; and\n(b) that the director, employee or agent had that state of mind.\n(2) For the purposes of a prosecution for an offence against this Act,\nconduct engaged in on behalf of a body corporate or a natural\nperson by a director, employee or agent of the body corporate, or\nan employee or agent of the natural person, within the scope of his\nor her actual or apparent authority is to be taken to have been\nengaged in also by the body corporate or the natural person.\n(3) A natural person is not liable to imprisonment for an offence against\nthis Act if the person would not have been found guilty of the\noffence if subsection (1) or (2) had not been enacted.\n(4) A reference in this section to engaging in conduct is to be read as\nincluding a reference to failing or refusing to engage in conduct.\n(5) A reference in this section to a director of a body corporate is to be\nread as including a reference to a member of a body corporate\nincorporated for a public purpose by a law of the Territory, the\nCommonwealth or a State or another Territory of the\nCommonwealth.\n","sortOrder":124},{"sectionNumber":"116","sectionType":"section","heading":"Royalties and advance payments etc.","content":"116 Royalties and advance payments etc.\n(1) The Minister may, by notice in the Gazette, determine for the\nTerritory or a part of the Territory:\n(a) the manner in which; and\n\nTerritory Parks and Wildlife Conservation Act 1976 93\n(b) the rates at which,\nroyalties in respect of wildlife the property of the Territory taken\nunder a permit are to be assessed.\n(2) A royalty assessed under subsection (1) is a debt due and payable\nto the Territory by the holder of the permit.\n(3) The Regulations may provide for:\n(a) the payment of prescribed amounts in advance by the holder\nof a permit and the crediting of amounts so paid towards\nroyalties subsequently payable by the holder to the Territory;\n(b) the calculation of the amount to be paid to the Territory as\nroyalties as a proportion of profits earned from commercial\ndealings in respect of wildlife and the deferral of the payment\nof those royalties; and\n(c) the payment of royalties owing to the Territory by:\n(i) the provision of services of an equivalent value to or at\nthe direction of the Territory; or\n(ii) entering into a joint venture or a profit sharing agreement\nwith the Territory the terms of which provide for the\npayment of royalties to the Territory by the provision of\ncapital or services of the equivalent value or out of any\nprofit made to or at the direction of the Territory.\n","sortOrder":125},{"sectionNumber":"117","sectionType":"section","heading":"Fees, charges, etc.","content":"117 Fees, charges, etc.\n(1) Where the Minister, the Director or an officer or employee of the\nCommission:\n(a) supplies a service, product or commodity;\n(b) grants a permit; or\n(c) gives a permission, consent or approval,\nunder this Act, the Director may demand, levy and receive, as a\ndebt due and payable to the Commission, such fees, charges or\nroyalties as are prescribed by or under this Act in respect thereof.\n(2) The Minister may, by notice in the Gazette, determine a fee or\ncharge in respect of a matter referred to in subsection (1) where no\nsuch fee or charge is otherwise prescribed.\n\nTerritory Parks and Wildlife Conservation Act 1976 94\n","sortOrder":126},{"sectionNumber":"117A","sectionType":"section","heading":"Register","content":"117A Register\n(1) The Director must keep at the principal office of the Commission a\nregister (in a form, including an electronic form, or a combination of\nforms as the Director thinks fit) in which is to be recorded the details\nof all of the following:\n(a) areas of essential habitat;\n(b) management programs;\n(c) classifications of wildlife under section 29;\n(d) feral animal control areas.\n(2) The Director must keep at the principal office of the Commission\neach of the following:\n(a) a copy of the classification of wildlife;\n(b) a list of threatened species;\n(c) a list of protected animals;\n(d) a list of feral animals;\n(e) a list of prohibited entrants;\n(f) a list of the species of vertebrates that are not indigenous to\nthe Territory and that under section 52 are not prohibited\nentrants;\n(g) a copy of the declarations of areas of essential habitat and\nferal animal control areas;\n(h) a copy of the management programs.\n(3) A member of the public may inspect the register kept under\nsubsection (1) or a document referred to in subsection (2) during\nthe business hours of the principal office of the Commission.\n","sortOrder":127},{"sectionNumber":"118","sectionType":"section","heading":"Offender may be ordered to pay for damage he does","content":"118 Offender may be ordered to pay for damage he does\n(1) Where a person is found guilty of an offence against this Act or a\nby-law, the court before which he is found guilty may order him to\npay the amount of any damage or the cost of restoring, removing or\nrepairing any damage, done by him in committing the offence.\n(2) Where the offence is an offence against a by-law providing for or in\nrelation to the prohibition or the regulation of the admission of\nanimals to parks or reserves or the control of animals on parks or\n\nTerritory Parks and Wildlife Conservation Act 1976 95\nreserves, any damage done by the animal shall be deemed to be\ndamage done by the person responsible for the control of the\nanimal and any costs to the Commission of bringing the animal\nunder control and of feeding and otherwise maintaining the animal\nshall be deemed to be costs of restoring, removing or repairing\ndamage done by that person.\n(3) The court may make the order specified in subsection (1), in\naddition to imposing a penalty, and the amount so ordered to be\npaid shall be recoverable as a judgment debt due to the\nCommission in a court of competent jurisdiction.\n","sortOrder":128},{"sectionNumber":"119","sectionType":"section","heading":"Destruction of trespassing animals","content":"119 Destruction of trespassing animals\nWhere a person is found guilty of an offence against a by-law\nproviding for or in relation to the prohibition or the regulation of the\nadmission of animals to parks or reserves or the control of animals\non parks or reserves, the court before which he is found guilty may\norder that the animal in respect of which the offence was committed\nbe destroyed.\n","sortOrder":129},{"sectionNumber":"120","sectionType":"section","heading":"Return or forfeiture of seized articles","content":"120 Return or forfeiture of seized articles\n(1) Where a person seizes an article under a by-law he shall, as soon\nas practicable, deliver the possession of it to the Director or to a\nperson nominated by the Director to receive possession.\n(2) The Director or nominated person may retain possession of the\narticle for 60 days after its seizure or, if a prosecution with respect\nto the article is instituted within that time, until the prosecution is\ndisposed of.\n(3) Where such a prosecution is instituted within the 60 days and the\nperson prosecuted is found guilty, the court before which the\nperson is found guilty may order that the article be forfeited to the\n(4) Where such a prosecution is not instituted within the 60 days or\nwhere the court does not order that the article be forfeited to the\nCommission, the Director or other person having the possession of\nit shall make it available to the person from whom it was seized and\nshall notify the person by post that it is so available.\n(5) If the person from whom it was seized does not claim it within\n6 months of the date on which he is given notice that it is available,\nthe article is forfeited to the Commission.\n\nTerritory Parks and Wildlife Conservation Act 1976 96\n","sortOrder":130},{"sectionNumber":"121","sectionType":"section","heading":"Service of notices","content":"121 Service of notices\nWhere, this Act requires or permits a notice to be served on any\nperson, the notice may be served:\n(a) personally on that person;\n(b) by delivering it to a person apparently above the age of\n14 years, and apparently living or employed at the premises at\nwhich the person to be served lives or carries on business; or\n(c) by forwarding it by certified post in an envelope addressed to\nthe person to be served at his last known place of abode or\nbusiness.\n","sortOrder":131},{"sectionNumber":"122","sectionType":"section","heading":"Traditional use of land and water by Aboriginals","content":"122 Traditional use of land and water by Aboriginals\n(1) Nothing in or under this Act limits the right of Aboriginals who have\ntraditionally used an area of land or water from continuing to use\nthat area in accordance with Aboriginal tradition for hunting, food\ngathering (otherwise than for the purpose of sale) and for\nceremonial and religious purposes.\n(2) The operation and effect of this Act is subject to the Native Title\nAct 1993 of the Commonwealth.\n","sortOrder":132},{"sectionNumber":"123","sectionType":"section","heading":"Regulations","content":"123 Regulations\n(1) The 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(2) Without limiting the generality of subsection (1), the Regulations\nmay:\n(a) make provision for or in relation to the licensing, control and\nregulation of zoological gardens, menageries and aviaries;\n(b) establish a local management committee for any park,\nreserve, sanctuary or area of essential habitat, and make\nprovision as to the composition of the committee, the\nappointment and terms of office of its members, its meetings\nand proceedings, its functions and powers and the manner of\ntheir performance, and any matters of an incidental or ancillary\nnature;\n\nTerritory Parks and Wildlife Conservation Act 1976 97\n(c) prescribe fees, charges or royalties payable under this Act;\n(d) prescribe the information to accompany an application for a\npermit; or\n(e) prescribe the terms or kinds of terms that may be included in\nmanagement programs and co-operative agreements.\n(3) Where a plan of management proposes the use for a specified\npurpose of a particular part of the park or reserve to which the plan\nrelates, the Administrator may by regulations restrict access to that\npart to such extent and in such manner as appears to the\nAdministrator to be necessary or desirable in connection with its\nproposed use, and may in particular confine access, or grant\npreferential access, thereto to a class or description of persons\nspecified in the regulations.\n(4) Subsection (3) does not derogate from the general power of the\nCommission to make by-laws with respect to access to parks and\nreserves as mentioned in section 71(2)(j) except to the extent that\nby-laws under that section must not be inconsistent with any\nregulations.\n(5) The Regulations may not declare a declared weed, as defined in\nsection 4 of the Weeds Management Act 2001, to be protected\nwildlife and any plant declared by the Regulations to be protected\nwildlife ceases to have that status on it becoming a declared weed\nunder that Act.\n(6) The Regulations may:\n(a) provide for the payment to the Commission of a prescribed\namount instead of a penalty that may otherwise be imposed\nfor an offence against this Act and for the service of a notice\nrelating to payment of the amount on a person alleged to have\ncommitted the offence and the particulars to be included in the\nnotice;\n(b) prescribe maximum penalties of 100 penalty units or, in the\ncase of a body corporate, 500 penalty units for offences\nagainst the Regulations; or\n(c) designate an offence against the Regulations as a regulatory\noffence.\n\n","sortOrder":133},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional matters for Parks and Water Legislation Amendment Act 2024","content":"Part 11 Transitional matters for Parks and Water Legislation Amendment Act 2024\nTerritory Parks and Wildlife Conservation Act 1976 98\n","sortOrder":134},{"sectionNumber":"124","sectionType":"section","heading":"Acquisition on just terms","content":"124 Acquisition on just terms\nIf, but for this section, property is acquired under this Act (including\nas a result of an act done under a permit) otherwise than on just\nterms:\n(a) the person from whom the property is acquired is entitled to\nreceive just compensation for the acquisition; and\n(b) a court of competent jurisdiction may determine the amount of\nthe compensation or make the orders necessary to ensure\nthat the compensation is on just terms.\nPart 11 Transitional matters for Parks and Water\nLegislation Amendment Act 2024\n","sortOrder":135},{"sectionNumber":"125","sectionType":"section","heading":"Definitions","content":"125 Definitions\nIn this Part:\namending Act means the Parks and Water Legislation Amendment\nAct 2024.\ncommencement means the commencement of Part 2 of the\namending Act.\nformer appeal provisions means:\n(a) Part 4, Division 7, as in force immediately before the\ncommencement; and\n(b) Part 5B of the Territory Parks and Wildlife Conservation\nBy-laws 1984 as in force immediately before the\ncommencement.\nnew review provisions means:\n(a) Part 9, as inserted by section 17 of the amending Act; and\n(b) Part 5B of the Territory Parks and Wildlife Conservation\nBy-laws 1984, as inserted by section 30 of the amending Act.\n","sortOrder":136},{"sectionNumber":"126","sectionType":"section","heading":"NTCAT review limited to decisions made after commencement","content":"126 NTCAT review limited to decisions made after commencement\nThe new review provisions apply only in relation to a reviewable\ndecision that is made after the commencement.\n\nPart 11 Transitional matters for Parks and Water Legislation Amendment Act 2024\nTerritory Parks and Wildlife Conservation Act 1976 99\n","sortOrder":137},{"sectionNumber":"127","sectionType":"section","heading":"Appeals not instituted before commencement","content":"127 Appeals not instituted before commencement\n(1) This section applies to a person if, immediately before the\ncommencement, the person was entitled to appeal to the Local\nCourt against a decision under the former appeal provisions and\nthe person had not yet instituted an appeal against the decision.\n(2) The person may appeal to the Local Court against the decision in\naccordance with the former appeal provisions as if Part 2 of the\namending Act had not commenced.\n(3) The Local Court is to hear and determine the person's appeal in\naccordance with the former appeal provisions as if Part 2 of the\namending Act had not commenced.\n","sortOrder":138},{"sectionNumber":"128","sectionType":"section","heading":"Appeals not determined before commencement","content":"128 Appeals not determined before commencement\n(1) This section applies in relation to an appeal to the Local Court that:\n(a) was instituted by a person under the former appeal provisions;\nand\n(b) had not been finally determined by the Local Court before the\ncommencement.\n(2) The Local Court is to continue to hear and determine the person's\nappeal in accordance with the former appeal provisions as if Part 2\nof the amending Act had not commenced.\n\nTerritory Parks and Wildlife Conservation Act 1976 100\nsection 3\nNo. and Year Name of Ordinance\nNo. 11 of 1959 National Parks and Gardens Ordinance 1959\nNo. 26 of 1961 National Parks and Gardens Ordinance 1961\nNo. 34 of 1962 National Parks and Gardens Ordinance 1962\nNo. 56 of 1963 National Parks and Gardens Ordinance 1963\nNo. 6 of 1966 National Parks and Gardens Ordinance 1966\nNo. 20 of 1967 National Parks and Gardens Ordinance 1967\nNo. 44 of 1968 National Parks and Gardens Ordinance 1968\nNo. 59 of 1974 National Parks and Gardens Ordinance (No. 2) 1974\nNo. 35 of 1976 National Parks and Gardens Ordinance 1976\nNo. 44 of 1963 Wildlife Conservation and Control Ordinance 1962\nNo. 60 of 1964 Wildlife Conservation and Control Ordinance 1964\nNo. 35 of 1965 Wildlife Conservation and Control Ordinance 1965\nNo. 17 of 1966 Wildlife Conservation and Control Ordinance 1966\nNo. 49 of 1967 Wildlife Conservation and Control Ordinance 1967\nNo. 9 of 1968 Wildlife Conservation and Control Ordinance 1968\nNo. 31 of 1968 Wildlife Conservation and Control Ordinance\n(No. 2) 1968\nNo. 50 of 1969 Wildlife Conservation and Control Ordinance 1969\nNo. 74 of 1970 Wildlife Conservation and Control Ordinance 1970\nNo. 12 of 1972 Wildlife Conservation and Control Ordinance 1972\nNo. 15 of 1973 Wildlife Conservation and Control Ordinance 1973\nNo. 28 of 1974 Wildlife Conservation and Control Ordinance 1974\nNo. 47 of 1974 Wildlife Conservation and Control Ordinance\n(No. 3) 1974\nNo. 83 of 1974 Wildlife Conservation and Control Ordinance\n(No. 2) 1974\nNo. 4 of 1976 Wildlife Conservation and Control Ordinance 1975\n\nTerritory Parks and Wildlife Conservation Act 1976 101\nsection 99\nItem Reviewable decision Affected person\n1 A decision of the Commission\nunder section 21A to authorise\nthe use and development of land\n2 A decision of the Commission\nunder section 21A to refuse to\nauthorise the use and\ndevelopment of land\nThe applicant for the authorisation\n3 A decision of the Commission\nunder section 21D to impose a\ncondition on an authorisation\nThe applicant for the authorisation\n4 A decision of the Commission\nunder section 21E to vary a term\nor condition of an authorisation\n5 A decision of the Commission\nunder section 21F(1)(a), (b), (c)\nor (d) to cancel an authorisation\n6 A decision of the Commission\nunder section 21F(1)(e) to refuse\nto cancel an authorisation on\n7 A decision of the Commission\nunder section 21G to refuse to\napprove the transfer of an\nThe proposed transferee\n8 A decision of the Director under\nsection 49 to give a notice\nThe person on whom the notice is\nserved\n9 A decision of the Director under\nsection 56 to grant a permit\ngrant of the permit\n10 A decision of the Director under\nsection 56 to refuse to grant a\nThe applicant for the permit\n\nTerritory Parks and Wildlife Conservation Act 1976 102\nItem Reviewable decision Affected person\n11 A decision of the Director under\nsection 57 to impose conditions\non a permit\nThe applicant for the permit\n12 A decision of the Director under\nsection 58 to vary a term or\ncondition of a permit on the\nDirector's own initiative\ndecision\n13 A decision of the Director under\nsection 58 to refuse to vary a\nterm or condition of a permit on\n14 A decision of the Director under\nsection 58 to vary a term or\ncondition of a permit on\ndecision\n","sortOrder":139},{"sectionNumber":"15","sectionType":"section","heading":"A decision of the Director under","content":"15 A decision of the Director under\nsection 59(1)(a), (b) or (c) to\ncancel a permit\n16 A decision of the Director under\nsection 59(1)(d) to refuse to\ncancel a permit on application by\nthe holder of the permit\n\nTerritory Parks and Wildlife Conservation Act 1976 103\n1 KEY Key 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\nTerritory Parks and Wildlife Conservation Ordinance 1976 (Act No. 23, 1977)\nCommenced ss 1 and 2, 45 to 123: 19 November 1977 (Gaz No. 46,\n18 November 1977, p 18); rem: 1 January 1978 (Gaz No. 51,\n22 December 1977, p 1)\nTerritory Parks and Wildlife Conservation Ordinance (No. 2) 1976 (Act No. 24, 1977)\nCommenced ss 1 – 4: 18 November 1977;\nss 14 – 21, 23 – 26: 19 November 1977 (Gaz No. 46,\n18 November 1977, p 18); rem: 1 January 1978 (Gaz No. 51,\n22 December 1977, p 1)\nAmending Legislation\nTerritory Parks and Wildlife Conservation Ordinance 1978 (Act No. 56, 1978)\nTerritory Parks and Wildlife Conservation Ordinance (No. 3) 1976 (Act No. 25, 1977)\nCommenced 1 January 1978 (Gaz No. 51, 22 December 1977, p 1)\nTerritory Parks and Wildlife Conservation Ordinance 1978 (Act No. 56, 1978)\nTerritory Parks and Wildlife Conservation Ordinance (No. 3) 1978 (Act No. 57, 1978)\nStatute Law Revision Act 1978 (Act No. 95, 1978)\nAssent date 5 September 1978\nCommenced 5 September 1978\n\nTerritory Parks and Wildlife Conservation Act 1976 104\nTerritory Parks and Wildlife Conservation Ordinance (No. 2) 1978 (Act No. 112, 1978)\nAssent date 9 November 1978\nCommenced 1 February 1979 (s 3, s 2 Aboriginal Land Ordinance 1978\n(Act No. 106, 1978) and Gaz G4, 26 January 1979, p 18)\nTerritory Parks and Wildlife Conservation Act (No. 4) 1978 (Act No. 130, 1978)\nAssent date 21 December 1978\nCommenced 21 December 1978\nTerritory Parks and Wildlife Conservation Act (No. 2) 1979 (Act No. 82, 1979)\nAssent date 13 July 1979\nCommenced 31 August 1979 (Gaz G35, 31 August 1979, p 1)\nTerritory Parks and Wildlife Conservation Act 1979 (Act No. 86, 1979)\nAssent date 19 July 1979\nCommenced 19 July 1979\nRemuneration (Statutory Bodies) Act 1979 (Act No. 9, 1980)\nAssent date 14 January 1980\nCommenced 8 February 1980 (Gaz G6, 8 February 1980, p 6)\nTerritory Parks and Wildlife Conservation Act 1980 (Act No. 15, 1980)\nAssent date 13 March 1980\nCommenced 23 March 1980 (s 3, s 2 Conservation Commission Act 1980\n(Act No. 13, 1980) and Gaz G13, 28 March 1980, p 7)\nTerritory Parks and Wildlife Conservation Amendment Act 1981 (Act No. 101, 1981)\nAssent date 21 December 1981\nCommenced 21 December 1981\nTerritory Parks and Wildlife Conservation Amendment Act 1983 (Act No. 10, 1983)\nAssent date 27 April 1983\nCommenced 27 April 1983\nTerritory Parks and Wildlife Conservation Amendment Act (No. 2) 1983 (Act No. 23,\n1983)\nAssent date 24 June 1983\nCommenced 24 June 1983\nCriminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nTerritory Parks and Wildlife Conservation Amendment Act 1985 (Act No. 62, 1985)\nAssent date 24 December 1985\nCommenced 28 January 1986 (s 2, s 2 Mining Amendment Act 1985 (Act\nNo. 63, 1985) and Gaz S3, 28 January 1986)\nTerritory Parks and Wildlife Conservation Amendment Act (No. 2) 1985 (Act No. 71,\n1985)\nAssent date 24 December 1985\nCommenced 24 December 1985\n\nTerritory Parks and Wildlife Conservation Act 1976 105\nTerritory Parks and Wildlife Conservation Amendment Act 1986 (Act No. 37, 1986)\nAssent date 19 September 1986\nCommenced 19 September 1986\nTerritory Parks and Wildlife Conservation Amendment Act (No. 2) 1986 (Act No. 55,\n1986)\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)\nTerritory Parks and Wildlife Conservation Amendment Act 1988 (Act No. 7, 1988)\nAssent date 21 March 1988\nCommenced 1 November 1988 (Gaz S62, 26 October 1988)\nTerritory Parks and Wildlife Conservation Amendment Act 1989 (Act No. 18, 1989)\nAssent date 15 June 1989\nCommenced 22 November 1989 (Gaz G46, 22 November 1989, p 5)\nTerritory Parks and Wildlife Conservation Amendment Act 1990 (Act No. 27, 1990)\nAssent date 7 June 1990\nCommenced 17 June 1992 (Gaz G24, 17 June 1992, p 5)\nTerritory Parks and Wildlife Conservation Amendment Act (No. 2) 1990 (Act No. 51,\n1990)\nAssent date 15 October 1990\nCommenced 15 October 1990\nMining Amendment Act 1991 (Act No. 27, 1991)\nAssent date 17 June 1991\nCommenced 17 June 1991\nTerritory Parks and Wildlife Conservation Amendment Act 1992 (Act No. 12, 1992)\nAssent date 21 April 1992\nCommenced 12 August 1992 (Gaz G32, 12 August 1992, p 3)\nStatute Law Revision Act 1992 (Act No. 46, 1992)\nAssent date 7 September 1992\nCommenced 7 September 1992\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,\n29 June 1993)\nTerritory Parks and Wildlife Conservation Amendment Act 1994 (Act No. 72, 1994)\nAssent date 15 December 1993\nCommenced 15 December 1993\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. 69, 1995) and Gaz S42,\n29 November 1995)\n\nTerritory Parks and Wildlife Conservation Act 1976 106\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nTerritory Parks and Wildlife Conservation Amendment Act 1996 (Act No. 48, 1996)\nAssent date 31 October 1996\nCommenced 31 October 1996\nTerritory Parks and Wildlife Conservation Amendment Act 1998 (Act No. 4, 1998)\nAssent date 25 March 1998\nCommenced 25 March 1998\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nTerritory Parks and Wildlife Conservation Amendment Act 2000 (Act No. 58, 2000)\nAssent date 14 November 2000\nCommenced 6 December 2000 (Gaz G48, 6 December 2000, p 8)\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nStatute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)\nAssent date 11 December 2001\nCommenced 11 December 2001\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)\nPolice Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005)\nAssent date 17 March 2005\nCommenced 20 April 2005 (Gaz G16, 20 April 2005, p 5)\nTerritory Parks and Wildlife Conservation Amendment Act 2006 (Act No. 11, 2006)\nAssent date 26 April 2006\nCommenced 26 April 2006\nTerritory Parks and Wildlife Conservation Amendment (Joint Management Park)\nAct 2007 (Act No. 20, 2007)\nAssent date 18 September 2007\nCommenced 31 October 2007 (Gaz G44, 31 October 2007, p 4)\nTerritory Parks and Wildlife Conservation Amendment Act 2009 (Act No. 6, 2009)\nAssent date 12 March 2009\nCommenced 18 May 2009 (Gaz S22, 18 May 2009)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\n\nTerritory Parks and Wildlife Conservation Act 1976 107\nTerritory Parks and Wildlife Conservation Legislation Amendment Act 2010 (Act No. 34,\n2010)\nAssent date 18 November 2010\nCommenced 6 December 2010 (Gaz S66, 6 December 2010)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nTerritory Parks and Wildlife Conservation Amendment Act 2019 (Act No. 34, 2019)\nAssent date 6 November 2019\nCommenced 7 November 2019 (s 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021(Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7: 25 May 2023 (Gaz G11, 25 May 2023, p 2);\nrem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)\nParks and Water Legislation Amendment Act 2024 (Act No. , 2024)\nAssent date 11 June 2024\nCommenced pt 3: 2 July 2024 (s 2(2)); rem: 12 June 2024 (s 2(1))\nLands, Planning and Environment Legislation Amendment Act 2025 (Act No. 25, 2025)\nAssent date 12 September 2025\nCommenced pt 6: nc; rem: 13 September 2025 (s 2(1))\n3 SAVINGS AND TRANSITIONAL PROVISIONS\nss 13(2) and 18 Territory Parks and Wildlife Conservation Ordinance (No. 3)\n1978 (Act No. 57, 1978)\nss 14 and 15 Territory Parks and Wildlife Conservation Act (No. 2) 1979 (Act\nNo. 82, 1979)\nss 4, 5 and 6 Territory Parks and Wildlife Conservation Act 1980 (Act No. 15,\n1980)\ns 21 Territory Parks and Wildlife Conservation Amendment Act 1992 (Act\nNo. 12, 1992)\n\nTerritory Parks and Wildlife Conservation Act 1976 108\ns 33 Territory Parks and Wildlife Conservation Amendment Act 2000 (Act\nNo. 58, 2000)\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, 5, 6, 7, 8, 17, 22, 25AL,\n25AM, 25AQ, 25AR, 25A, 25C, 26, 41, 60, 74A, 95, 110 and 123.\n5 LIST OF AMENDMENTS\nlt amd No. 23, 1983, s 7; No. 58, 2000, s 4\npt 1 hdg sub No. 34, 2019, s 9\ns 1 amd No. 23, 1983, s 7\ns 2 sub No. 24, 1977, s 4\ns 3 amd No. 13, 2024, s 4\nss 4 – 6 amd No. 23, 1983, s 7\ns 7 amd No. 24, 1977, s 5; No. 23, 1983, s 7\ns 8 amd No. 23, 1983, s 7; No. 45, 2000, s 11\ns 9 amd No. 24, 1977, s 6; No. 56, 1978, s 3; No. 57, 1978, s 4; No. 112, 1978,\ns 4; No. 82, 1979, s 4; No. 86, 1979, s 3; No. 15, 1980, s 7; No. 10, 1983, s 2;\nNo. 23, 1983, ss 3 and 7; No. 62, 1985, s 4; No. 7, 1988, s 4; No. 18, 1989,\ns 4; No. 27, 1991, s 4; No. 12, 1992, s 4; No. 72, 1994, s 3; No. 46, 1995, s 3;\nNo. 58, 2000, s 5; No. 25, 2009, s 10; No. 37, 2010, s 11; No. 34, 2019, s 4;\nNo. 13, 2024, s 5\ns 10 amd No. 23, 1983, s 7\npt 2 hdg amd No. 34, 2019, s 9\ns 11 amd No. 57, 1978, s 5\ns 12 amd No. 24, 1977, s 7; No. 25, 1977, s 4; No. 56, 1978, s 4; No. 57, 1978,\nss 6, 14, 15 and 17; No. 82, 1979, s 5; No. 27, 1990, s 3; No. 4, 1998, s 2\ns 13 amd No. 24, 1977, s 8; No. 56, 1978, s 5; No. 57, 1978, ss 15 and 17; No. 82,\n1979, s 6\ns 14 amd No. 56, 1978, s 6; No. 57, 1978, s 15; No. 82, 1979, s 7\ns 15 rep No. 56, 1978, s 7\ns 16 amd No. 82, 1979, s 8\ns 17 amd No. 56, 1978, s 8; No. 57, 1978, s 15; No. 62, 1985, s 5; No. 27, 1991,\ns 4; No. 72, 1994, s 4; No. 37, 2010, s 11; No. 19, 2021, s 101; No. 13, 2024,\ns 6\ns 18 amd No. 24, 1977, s 9; No. 57, 1978, ss 15 and 16; No. 62, 1985, s 6; No. 18,\n1989, s 5; No. 13, 2024, s 7\ns 19 amd No. 24, 1977, s 26; No. 57, 1978, ss 14, 15 and 16; No. 101, 1981, s 2\ns 21 amd No. 82, 1979, s 9\ns 21A ins No. 19, 2021, s 102\namd No. 13, 2024, s 8\ns 21B ins No. 19, 2021, s 102\namd No. 13, 2024, s 9\ns 21C ins No. 19, 2021, s 102\namd No. 13, 2024, s 10\nss 21D – 21G ins No. 19, 2021, s 102\ns 21H ins No. 5, 2022, s 129\namd No. 13, 2024, s 11\ns 21J ins No. 5, 2022, s 129\namd No. 13, 2024, s 12\n\nTerritory Parks and Wildlife Conservation Act 1976 109\npt 3 hdg rep No. 58, 2000, s 6\npt 3\ndiv 1 hdg ins No. 4, 2005, s 4\ns 22 amd No. 24, 1977, s 26; No. 57, 1978, ss 15 and 16; No. 12, 1992, s 5\nrep No. 58, 2000, s 6, No. 13, 2024, s 13\namd No. 20, 2007, s 4; No. 6, 2009, s 4; No. 37, 2010, s 11; No. 13, 2024,\ns 13\ns 23 amd No. 23, 1983, s 7\npt 3\ndiv 1A hdg ins No. 20, 2007, s 5\ns 23A ins No. 20, 2007, s 5\namd No. 6, 2009, s 5\npt 3\ndiv 2 hdg ins No. 4, 2005, s 4\ns 23A ins No. 12, 1992, s 6\ns 24 amd No. 23, 1983, s 7; No. 12, 1992, s 7; No. 46, 1992, s 13\nsub No. 6, 2009, s 6\ns 25 amd No. 24, 1977, s 10; No. 57, 1978, ss 7 and 15; No. 23, 1983, s 7; No. 12,\n1992, s 8\npt 3\ndiv 3 hdg ins No. 4, 2005, s 4\ns 25AA ins No. 12, 1992, s 9\namd No. 20, 2007, s 6\ns 25AB ins No. 4, 2005, s 4\ns 25AC ins No. 4, 2005, s 4\npt 3\ndiv 4 hdg ins No. 4, 2005, s 4\ns 25AD ins No. 4, 2005, s 4\ns 25AE ins No. 4, 2005, s 4\namd No. 20, 2007, s 7\nss 25AF –\n25AG ins No. 4, 2005, s 4\nss 25AH –\n25AK ins No. 4, 2005, s 4\npt 3\ndiv 4A hdg ins No. 13, 2024, s 14\nss 25AKA –\n25AKJ ins No. 13, 2024, s 14\npt 3\ndiv 5 hdg ins No. 4, 2005, s 4\n\nTerritory Parks and Wildlife Conservation Act 1976 110\nss 25AL –\n25AM ins No. 4, 2005, s 4\namd No. 20, 2007, s 11; No. 37, 2010, s 11\npt 3\ndiv 6 hdg ins No. 4, 2005, s 4\ns 25AN ins No. 4, 2005, s 4\nsub No. 20, 2007, s 8\ns 25AP ins No. 4, 2005, s 4\npt 3\ndiv 6A hdg ins No. 13, 2024, s 15\nss 25APA –\n25APB ins No. 13, 2024, s 15\npt 3\ndiv 7 hdg ins No. 4, 2005, s 4\ns 25AQ ins No. 4, 2005, s 4\namd No. 11, 2006, s 3; No. 20, 2007, s 9; No. 28, 2021, s 20\ns 25AR ins No. 4, 2005, s 4\nsub No. 20, 2007, s 10\ns 25AAA ins No. 12, 1992, s 9\npt 3A hdg ins No. 24, 1977, s 11\ns 25A ins No. 24, 1977, s 11\namd No. 56, 1978, s 9; No. 95, 1978, s 12; No. 23, 1983, s 7; No. 55, 1986,\ns 4; No. 12, 1992, s 10\ns 25B ins No. 24, 1977, s 11\namd No. 23, 1983, s 7; No. 58, 2000, s 7; No. 23, 2013, s 18\ns 25C ins No. 24, 1977, s 11\namd No. 23, 1983, s 7; No. 62, 1985, s 7; No. 28, 1993, s 3; No. 58, 2000,\ns 8; No. 23, 2013, s 18\ns 25D ins No. 24, 1977, s 11\namd No. 23, 1983, s 7; No. 58, 2000, s 9; No. 23, 2013, s 18\ns 25E ins No. 24, 1977, s 11\namd No. 12, 1992, s 11\ns 25F ins No. 24, 1977, s 11\namd No. 23, 1983, s 7; No. 58, 2000, s 10; No. 23, 2013, s 18\ns 25G ins No. 24, 1977, s 11\namd No. 57, 1978, s 14; No. 23, 1983, s 7\nrep No. 62, 1985, s 8\nins No. 12, 1992, s 12\namd No. 58, 2000, s 11; No. 23, 2013, s 18\npt 4 hdg sub No. 24, 1977, s 11; No. 58, 2000, s 12\ns 26 sub No. 24, 1977, s 11\namd No. 7, 1988, s 5\nss 26A – 26B ins No. 7, 1988, s 6\ns 27 sub No. 24, 1977, s 11\namd No. 57, 1978, s 14; No. 18, 1989, s 6\ns 28 sub No. 24, 1977, s 11\namd No. 23, 1983, s 7; No. 18, 1989, s 7\ns 29 sub No. 24, 1977, s 11\namd No. 23, 1983, s 4; No. 7, 1988, s 7\n\nTerritory Parks and Wildlife Conservation Act 1976 111\ns 30 sub No. 24, 1977, s 11\ns 31 sub No. 24, 1977, s 11\namd No. 23, 1983, s 5\nss 32 – 34 sub No. 24, 1977, s 11\ns 35 sub No. 24, 1977, s 11\namd No. 23, 1983, s 7; No. 18, 1989, s 8\ns 36 sub No. 24, 1977, s 11\namd No. 57, 1978, ss 14 and 15\ns 37 sub No. 24, 1977, s 11; No. 58, 2000, s 12\ns 38 sub No. 24, 1977, s 11\ns 39 sub No. 24, 1977, s 11; No. 58, 2000, s 12\ns 40 sub No. 24, 1977, s 11\ns 41 sub No. 24, 1977, s 11\namd No. 3, 2001, s 8\ns 42 sub No. 24, 1977, s 11\namd No. 7, 1988, s 8; No. 18, 1989, s 9\ns 43 sub No. 24, 1977, s 11\namd No. 7, 1988, s 9; No. 18, 1989, s 10\ns 43A ins No. 7, 1988, s 10\ns 44 sub No. 24, 1977, s 11\namd No. 32, 1980, s 7\npt 5 hdg rep No. 15, 1980, s 8\ns 45 amd No. 24, 1977, s 12; No. 57, 1978, s 15\nrep No. 15, 1980, s 8\ns 45A ins No. 25, 2025, s 59\ns 46 rep No. 15, 1980, s 8\ns 47 rep No. 15, 1980, s 8\ns 48 amd No. 57, 1978, s 15\nrep No. 15, 1980, s 8\n\nTerritory Parks and Wildlife Conservation Act 1976 112\ns 49 rep No. 24, 1977, s 13\nss 50 – 55 rep No. 24, 1977, s 13\ns 56 rep No. 15, 1980, s 8\ns 57 rep No. 15, 1980, s 9\ns 58 amd No. 57, 1978, s 8\ns 59 amd No. 57, 1978, ss 9 and 15\ns 60 amd No. 57, 1978, s 10\nrep No. 9, 1980, s 9\ns 61 amd No. 57, 1978, s 14\nss 62 – 63 amd No. 57, 1978, s 15\npt 4\ndiv 7 hdg rep No. 13, 2024, s 16\ns 64 rep No. 15, 1980, s 9\nrep No. 13, 2024, s 16\ns 64A ins No. 56, 1978, s 10\ns 65 rep No. 15, 1980, s 9\nrep No. 13, 2024, s 16\ns 66 amd No. 24, 1977, s 26; No. 56, 1978, s 11; No. 57, 1978, ss 11 and 16;\nNo. 82, 1979, s 10\ns 67 amd No. 57, 1978, s 17; No. 82, 1979, s 11\ns 67A ins No. 58, 2000, s 12\nss 67B – 67C ins No. 58, 2000, s 12\ns 67D ins No. 58, 2000, s 12\namd No. 11, 2006, s 4; No. 23, 2013, s 18\ns 67E ins No. 34, 2010, s 4\ns 69 amd No. 23, 1983, s 7; No. 58, 2000, s 13; No. 11, 2006, s 5; No. 23, 2013,\ns 18\ns 70 amd No. 24, 1977, s 26\ns 71 amd No. 23, 1983, s 7; No. 62, 1985, s 9; No. 51, 1990, s 2; No. 12, 1992,\ns 14; No. 58, 2000, s 14; No. 11, 2006, s 6; No. 23, 2013, s 18\ns 71A ins No. 48, 1996, s 2\n\nTerritory Parks and Wildlife Conservation Act 1976 113\ns 72 amd No. 57, 1978, s 15\nrep No. 23, 1983, s 6\ns 73 amd No. 57, 1978, s 15\nsub No. 112, 1978, s 5\namd No. 12, 1992, s 15; No. 58, 2000, s 15\ns 74 amd No. 12, 1992, s 16; No. 34, 2019, s 5\ns 74A ins No. 12, 1992, s 17\namd No. 62, 2001, s 15\ns 75 amd No. 57, 1978, s 15\nrep No. 58, 2000, s 16\ns 76 amd No. 57, 1978, s 16\ns 77 amd No. 57, 1978, s 15\npt 4A hdg rep No. 15, 1980, s 10\nss 77A – 77N ins No. 82, 1979, s 12\nrep No. 15, 1980, s 10\npt VII hdg rep No. 46, 1995, s 3\ns 78 rep No. 46, 1995, s 3\ns 79 amd No. 23, 1983, s 7\ns 80 amd No. 24, 1977, s 26; No. 57, 1978, s 16; No. 23, 1983, s 7\ns 81 rep No. 46, 1995, s 3\ns 82 amd No. 57, 1978, s 12\nrep No. 9, 1980, s 6\nss 83 – 85 amd No. 24, 1977, s 26; No. 57, 1978, s 16\ns 86 rep No. 46, 1995, s 3\nss 87 – 88 amd No. 23, 1983, s 7\ns 89 rep No. 24, 1977, s 14\nins No. 71, 1985, s 2\ns 90 amd No. 24, 1977, s 15\npt 8 amd No. 34, 2019, s 9\ns 91 amd No. 24, 1977, s 26; No. 56, 1978, s 12; No. 57, 1978, ss 15 and 16;\nNo. 23, 1983, s 7\ns 92 sub No. 24, 1977, s 16\namd No. 48, 1996, s 3; No. 38, 2014, s 2; No. 34, 2019, s 6\ns 93 sub No. 24, 1977, s 16\ns 93A ins No. 24, 1977, s 16\nsub No. 58, 2000, s 17\namd No. 34, 2019, s 7\ns 93B ins No. 24, 1977, s 16\nsub No. 58, 2000, s 17\namd No. 34, 2019, s 8\ns 93C ins No. 58, 2000, s 17\ns 94 amd No. 24, 1977, s 17; No. 23, 1983, s 7; No. 58, 2000, s 18; No. 23, 2013,\ns 18\ns 95 amd No. 24, 1977, s 18; No. 86, 1979, s 4; No. 23, 1983, s 7\ns 96 amd No. 24, 1977, s 19; No. 57, 1978, s 16; No. 86, 1979, s 5; No. 23, 1983,\ns 7\nsub No. 58, 2000, s 19\ns 97 amd No. 24, 1977, s 20; No. 23, 1983, s 7\nsub No. 58, 2000, s 20\n\nTerritory Parks and Wildlife Conservation Act 1976 114\ns 97A ins No. 58, 2000, s 20\ns 98 amd No. 24, 1977, s 21; No. 57, 1978, s 17; No. 23, 1983, s 7; No. 17, 1996,\ns 6\npt 9 hdg rep No. 57, 1978, s 13\nins No. 13, 2024, s 17\ns 99 rep No. 57, 1978, s 13\nins No. 13, 2024, s 17\ns 100 amd No. 24, 1977, s 22\nss 101 – 102 rep No. 57, 1978, s 13\nss 103 – 104 amd No. 24, 1977, s 26\ns 105 rep No. 57, 1978, s 13\nss 106 – 107 amd No. 24, 1977, s 26\ns 108 rep No. 57, 1978, s 13\ns 109 amd No. 15, 1980, s 11\nrep No. 25, 2009, s 10\npt 10 hdg sub No. 34, 2019, s 9\ns 110 amd No. 56, 1978, s 13; No. 23, 1983, s 7\nsub No. 58, 2000, s 21\namd No. 11, 2005, s 25\ns 111 amd No. 23, 1983, s 7\nsub No. 58, 2000, s 21\namd No. 3, 2001, s 8\ns 112 amd No. 23, 1983, s 7; No. 58, 2000, s 22\ns 113 amd No. 24, 1977, s 23; No. 56, 1978, s 14; No. 23, 1983, s 7; No. 58, 2000,\ns 23\ns 114 amd No. 24, 1977, s 24; No. 23, 1983, s 7\nsub No. 58, 2000, s 24\ns 115 amd No. 56, 1978, s 15; No. 23, 1983, s 7; No. 58, 2000, s 25\nss 115A –\n115C ins No. 58, 2000, s 26\ns 116 rep No. 130, 1978, s 3\nins No. 12, 1992, s 18\nsub No. 58, 2000, s 27\ns 117 amd No. 23, 1983, s 7\nsub No. 12, 1992, s 18\namd No. 58, 2000, s 28\ns 117A ins No. 68, 1983, s 40\namd No. 12, 1992, s 19\nsub No. 58, 2000, s 29\ns 118 amd No. 23, 1983, s 7; No. 17, 1996, s 6\ns 119 amd No. 17, 1996, s 6\ns 120 amd No. 17, 1996, s 6; No. 11, 2006, s 7\ns 121 amd No. 23, 1983, s 7\ns 122 amd No. 24, 1977, s 25\nsub No. 112, 1978, s 6\nsub No. 58, 2000, s 30\ns 123 amd No. 95, 1978, s 14; No. 82, 1979, s 13\nsub No. 37, 1986, s 2\namd No. 7, 1988, s 11; No. 18, 1989, s 11; No. 12, 1992, s 20; No. 58, 2000,\ns 31; No. 23, 2013, s 18; No. 38, 2014, s 2\ns 124 ins No. 58, 2000, s 32\npt 11 hdg ins No. 13, 2024, s 18\n\nTerritory Parks and Wildlife Conservation Act 1976 115\nss 125 – 128 ins No. 13, 2024, s 18\nsch 1 amd No. 56, 1978, s 16; No. 13, 2024, s 19\nsch 2 ins No. 13, 2024, s 20","sortOrder":140}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since the Act's original framework it now contains an expanded and formalised joint management stream and tailored authorisation procedures for use and development in both ordinary and joint management parks (see the inserted Part 3 joint management provisions, including s25AA–25AE and the authorisation rules in s25AKB–25AKJ). The Act also adds or consolidates a standalone authorisation pathway for non‑joint parks (s21A–21J) and updates review arrangements and transitional rules (see Part 11, s125–s128 and s99). Provisions preserving native title and Aboriginal land rights and requiring consultation with joint management partners and Land Councils (s9(1A), s14, s25AO) reflect a broader scope of stakeholders and procedural steps compared with a simpler, centrally managed parks regime."},"complexity_factors":["Multiple overlapping decision‑makers with broad discretion: Administrator, Minister, Commission, Director and joint management partners (s12, s18, s56, Part 3).","Parallel regimes for ordinary parks/reserves and joint management parks with different processes and powers (Part 2 vs Part 3, esp. s18 vs s25AD–25AE and s25AKB).","Detailed permit and authorisation systems for both wildlife and land use, each with application, fee, condition, variation and cancellation rules (s21B–21G; s25AKC–25AKG; s55–59).","Significant interactions with other Commonwealth and Territory laws (Native Title Act, Aboriginal Land Rights Act, Mineral Titles Act, Petroleum Act) and explicit preservation of those rights (s9(1A), s122, s17, s25AL–25AM).","Extensive enforcement powers for conservation officers (search, seizure, entry) tied to complex procedural safeguards and identity requirements (s92–s96, s97, s97A).","Range of offences with graduated penalties (regulatory vs criminal; substantial fines and imprisonment for protected wildlife offences) and separate by‑law/regulation penalty schemes (s66–s67D, s71, s123).","Multiple consultation and public notice requirements before measures take effect (plans s18–s19; declarations s14, s37–s39; joint management draft plans s25AD–25AF).","Financial mechanisms affecting private parties (fees, royalties, recoverable Commission costs, registerable covenants) introduce cross‑cutting property consequences (s111, s116–s117, s74A)."],"plain_english_summary":"# What this law does, in plain English\n\n- Mechanically, the Act sets out how the Northern Territory creates, manages and protects parks, reserves, sanctuaries and \"areas of essential habitat\", how wildlife is classified and regulated, and how people may be authorised to use land or deal with wildlife. Key decision‑makers under the Act are the Administrator, the Minister, the Parks and Wildlife Commission (the Commission), the Director, and, for some parks and reserves, joint management partners made up of the Territory (or its nominee) and the traditional Aboriginal owners (see s12, s18, s21A; Part 3, esp. s25AA–25AE).\n\n- The Act creates two main regulatory strands:\n  - Park/reserve management and development control: the Administrator may declare or revoke parks, reserves, wilderness zones and sanctuaries (s12, s13); the Commission must prepare and follow plans of management (s18–s20); the Commission may authorise certain uses and developments in parks (s21A) and joint management partners do the same for joint management parks (s25AKB). Where a plan exists, uses must be consistent with it (s21C(2), s25AKD(3)).\n  - Wildlife regulation: the Minister and Director classify species and identify threatened wildlife (s28–s30); the Commission may adopt management programs and co‑operative agreements (s32–s36); permits are required to take, keep, move or commercially use wildlife and to hold prohibited entrants (s55–s63). The Director decides permit applications and can impose, vary or cancel permit conditions (s56–s59).\n\n- Enforcement and powers: conservation officers (including Aboriginal rangers where appointed) have search, seizure and enforcement powers (appointment s92; powers and limits s93B, s95, s96). Strong criminal and regulatory penalties apply to unauthorised taking or possession of protected wildlife and to breaches of authorisations and permit terms (see s66, s67B, s21H, s25AKI). By‑laws and Regulations support operational rules and fees (s71, s123).\n\n- Interaction with other laws and rights: the Act expressly preserves existing native title and Aboriginal rights and is subject to the Native Title Act and Aboriginal Land Rights (s9(1A), s122). It also specifies how mining and petroleum interests interact with parks (s17) and imposes special rules for joint management parks (s25AL–25AM).\n\n# Who it affects and who pays\n\n- Affected parties include: traditional Aboriginal owners and Land Councils (Part 3, s25AA–25AO); park users and visitor operators; permit and authorisation applicants and holders (s21B, s25AKC, s55); private land owners or occupiers when Commission action or notices are required (s49, s111); mining and petroleum title holders (s17, s25AL–25AM); and the Commission, Director and conservation officers who administer and enforce the Act.\n\n- Who pays: permit and authorisation applicants may pay fees (application fees and other charges) set by the Director or Commission (s21B(2), s25AKC(2), s56(2), s117). Permit holders may pay royalties where the Territory owns the wildlife taken (s57(4), s116). If the Commission carries out work that an owner was required to do (for example pest control), the Commission may recover reasonable expenses as a debt and register a statutory charge on the land (s111). Owners or occupiers directed to eradicate feral animals must bear the task and can be penalised for non‑compliance (s49–s51).\n\n# Why the Act matters (stated purpose and how it works mechanically)\n\n- The Act's stated purpose is to provide for establishment and management of Territory parks and reserves and for study, protection, conservation and sustainable use of wildlife (long title; s11). Mechanically it does this by: enabling declarations of protected areas (s12, s25A), requiring plans of management and public consultation before they are accepted (s18–s19, s14), creating permit and authorisation systems for activities affecting wildlife and park land (s21A, s25AKB, s55–s59), conferring enforcement powers on conservation officers (s92–s96), and authorising the making of by‑laws and regulations to operationalise those powers and collect fees (s71, s123).\n\n# Testing the purpose claims against costs, incentives and trade‑offs\n\n- Compliance costs and administrative burden: the Act requires formal applications, prescribed forms and fees for authorisations and permits (s21B, s25AKC, s55). Applicants face conditions, reporting requirements and possible exclusion if convicted of related offences in the prior 5 years (s21C(3), s25AKD(3), s56(3)). These procedural requirements create predictable administrative burdens for business applicants (tourism, hospitality, commercial wildlife use) and for community groups.\n\n- Who decides and where discretion lies: substantial discretion sits with central decision‑makers — the Administrator, Ministers, the Commission and the Director — to declare parks (s12), approve management programs (s34), grant or condition permits (s56–s57), set or vary authorisations (s21D–s21G, s25AKE–s25AKF) and make by‑laws (s71). That discretion determines outcomes, sets licence conditions and fees, and creates the potential for variable decision‑making across applications.\n\n- Concentrated benefits, diffuse costs: permits, authorisations and leases (where allowed by a plan of management) give specific commercial or access benefits to their holders (s16(2), s21A, s25AKB). Those benefits are concentrated on holders while compliance, conservation costs and regulatory enforcement are borne more broadly (Commission operational costs, affected land owners, or the public via restrictions on land use).\n\n- Interaction with mineral and petroleum rights: mining and petroleum activities are expressly preserved in many circumstances (s17(2); s25AKA(2)). For joint management parks the Act alters ordinary operation of the Mineral Titles Act and Petroleum Act (s25AL) and requires the Mines Minister to consider the joint management partners' opinion before granting interests (s25AM). The practical effect is layered regulatory review for resource proponents in or near parks.\n\n- Property effects and compensation: where the Commission or Director enters or does work on private land, the Commission must pay reasonable compensation for damage (s42(3), s112(4)). Section 124 also preserves an entitlement to just compensation where property would otherwise be taken without just terms. The Act also creates enforceable covenants and registrable interests for some conservation agreements (s74A).\n\n- Enforcement and penalties: the Act establishes criminal and regulatory offences with substantial fines and possible imprisonment for unauthorised taking, possession or dealing in protected wildlife (s66) and for breaches of authorisations and permits (s21H, s25AKI, s67D). Conservation officers have broad powers to search, seize and require information (s96–s97A). Those enforcement tools increase deterrence but require administrative capacity and raise compliance‑cost risks for lawful users.\n\n- Implementation complexity and interaction with Aboriginal and native title rights: the Act repeatedly recognises and preserves Aboriginal traditional use and statutory native title rights (s9(1A), s25AE(1)(a), s122). Joint management provisions create shared decision processes (Part 3, esp. s25AD–25AE) and can limit certain Aboriginal uses by plan only to the extent necessary for environmental or safety reasons (s25AJ). The need to coordinate with the Native Title Act and the Aboriginal Land Rights (Northern Territory) Act adds procedural complexity and potential for legal overlap.\n\n# Operational risks and practical trade‑offs (mechanisms, not judgements)\n\n- High administrative discretion means outcomes depend on how the Administrator, Ministers, Commission and Director exercise powers (declaration, authorisation, permits, by‑laws) (s12, s21A, s56, s71). That discretion allows flexible responses but requires clear processes to manage predictability and fairness (consultation steps are specified in s14, s18, s25AD).\n\n- The Act balances continued access for resource titleholders (mining/petroleum) with conservation by requiring consultation and, in joint management areas, joint partner input and conditions (s17, s25AL–25AM). The mechanism allocates decision rights and imposes consultation timelines (s25AM(4)).\n\n- Economic incentives: authorisations and permits can open commercial opportunities (tourism, hospitality, commercial wildlife use) subject to conditions and fees (s21A, s25AKB, s57, s117). The Commission/joint partners can prefer traditional owners in commercial developments (s25AE(3)(h)), which is an explicit allocation mechanism.\n\n# Short practical summary of \"who pays, who decides, what changes\"\n\n- Who pays: applicants and holders pay application fees, charges and possibly royalties (s21B(2), s25AKC(2), s56(2), s116–s117). Landowners ordered to act (eg feral eradication) bear compliance costs unless the Commission provides assistance (s49–s51, s111).\n- Who decides: Administrator (declarations, approval of plans s12, s18), Minister (policy decisions, some declarations s30, s37), Commission (plans, by‑laws, some authorisations s18, s71, s21A), Director (permits, operational enforcement s56–s59, s92–s96), and joint management partners where a park is declared joint management (Part 3, s25AA–25AD).\n- Behaviour changes required: prospective developers and wildlife users must seek formal authorisations or permits, comply with management plans, and meet conditions; landowners in control areas may be required to eradicate feral animals; traditional owners participate formally in joint management processes (s21B, s25AKC, s49, Part 3).\n\n(Primary statutory references in this summary: s9, s10, s11, s12, s13, s14, s18–s21, s21A–s21J, Part 3 (s22, s25AA–25AE, s25AD–25AE, s25AKB–25AKJ, s25AL–25AM), s32–s36, s37–s42, s43–s46, s49–s51, s55–s63, s66–s67B, s71, s92–s97, s99, s111–s117, s122.)"},"summary":{"name":"Territory Parks and Wildlife Conservation Act 1976","slug":"territory-parks-and-wildlife-conservation-act-1976","title_id":"territory-parks-and-wildlife-conservation-act-1976","version_id":30570,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole Northern Territory Act in force as at 13 September 2025. Multiple Parts: Part 1 (Preliminary), Part 2 (Parks and reserves), Part 3 (Joint management), Part 3A (Sanctuaries), Part 4 (Animals and plants), subsequent enforcement and administration Parts. Comprehensive parks and wildlife legislation."},"complexity_factors":["Integration with Aboriginal land rights framework (ALRA) through joint management Parts","Complex wildlife classification, protection, permit, and management program structure","Multiple park/reserve types with distinct management regimes (national parks, joint management parks, sanctuaries, wilderness zones)","Interaction with mining interests legislation (Mineral Titles Act 2010, Petroleum Act 1984)"],"plain_english_summary":"The Territory Parks and Wildlife Conservation Act 1976 (NT) is the Northern Territory's primary legislation for the declaration, management, and protection of parks and reserves, and for the conservation and management of wildlife. It is current as at 13 September 2025.\n\nThe Act establishes the Commission (the Parks and Wildlife Commission of the Northern Territory, constituted under the Parks and Wildlife Commission Act 1980) as the principal management body for parks and reserves, and vests the Director with enforcement and wildlife management powers.\n\nPart 2 enables the Administrator to declare parks and reserves over Crown land or land acquired for the purpose. Parks and reserves must have plans of management prepared by the Commission and approved by the Administrator, which set out how the land is to be managed and what activities are permitted. Part 3 provides for joint management of certain parks and reserves (particularly Uluru-Kata Tjuta and Kakadu-adjacent land) in partnership with Aboriginal traditional owners, including joint management agreements, joint management plans, and joint management principles.\n\nPart 4 establishes a comprehensive wildlife management regime. Species are classified by conservation status (endangered, threatened, etc.) under a classification system prescribed by regulation. Protected wildlife may not be killed, taken, or interfered with without a permit. The Commission formulates wildlife management programs, feral animal control programs, and prohibited entrant programs. Conservation officers have powers of entry and control over feral animal infestations.\n\nThe Act provides for permits to interact with protected wildlife for scientific, commercial, and pastoral purposes, subject to conditions. Penalties for wildlife offences are significant, including penalty units and imprisonment.\n\nPart 5 (joint management provisions) and special provisions for Aboriginal land rights ensure that the Act integrates with the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) framework, recognising traditional owner rights and interests in land management."},"kimi_summary":{"_metrics":{"completionTokens":777},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1976 scope. Originally focused on establishing parks and wildlife conservation, it now includes: (1) an elaborate joint management framework with Traditional Owners (Part 3, added 2005 and expanded since); (2) detailed authorisation schemes for land use and development (sections 21A-21J, added 2021-2022); (3) specific provisions for Aboriginal rangers and their powers (section 92); (4) complex transitional arrangements for the 2024 amendments moving appeals to NTCAT; and (5) extensive validation provisions for past administrative actions. The Aboriginal land rights interface has become a central feature rather than peripheral."},"complexity_factors":["Extensive cross-referencing with other legislation (Aboriginal Land Rights Act, Native Title Act, Mineral Titles Act, Petroleum Act, etc.)","Multiple overlapping management regimes: standard parks, joint management parks, sanctuaries, areas of essential habitat, feral animal control areas","47+ defined terms in the interpretation section (section 9), many with nested definitions","Conditional logic throughout — numerous 'unless' and 'subject to' clauses creating exceptions","Parallel but slightly different provisions for standard parks (Part 2) vs joint management parks (Part 3)","Detailed permit and authorisation schemes with multiple grounds for refusal, variation and cancellation","Transitional provisions preserving old laws and validating past actions","Schedule of reviewable decisions with 16 different decision types and affected persons"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law for protecting nature. It creates and manages **parks and reserves** (protected areas), safeguards **wildlife** (animals and plants), and sets up a system for **joint management** with Traditional Aboriginal Owners.\n\n**Key things it covers:**\n\n- **Parks and reserves** — The Administrator can declare land as parks or reserves. These areas are managed according to official plans, with strict rules about what activities are allowed. Wilderness zones must be kept in their natural state.\n\n- **Joint management** — A major feature where the Territory government shares management of certain parks with Traditional Aboriginal Owners. This includes creating joint management plans that recognise Aboriginal culture, knowledge and decision-making. Land Councils play a key role in representing Traditional Owners.\n\n- **Wildlife protection** — All native vertebrates are automatically protected. The law classifies species by conservation status (including \"threatened\"), creates management programs, and declares \"areas of essential habitat\" for critical protection. It also deals with **feral animals** (introduced pests) and **prohibited entrants** (species that can't be brought in).\n\n- **Permits and offences** — You generally need a permit to take, keep, or deal with protected wildlife. There are serious penalties for harming threatened species — up to 10 years imprisonment for individuals.\n\n- **Aboriginal rights** — The law explicitly protects traditional Aboriginal use of land and water for hunting, food gathering, and ceremonial purposes. It also recognises native title rights.\n\n**Who it affects:**\n- Visitors to NT parks and reserves\n- Landholders (especially near protected areas)\n- Traditional Aboriginal Owners and Land Councils\n- Anyone dealing with wildlife (researchers, businesses, hunters)\n- Mining and petroleum companies (special rules apply in joint management areas)\n\n**Why it matters:**\nThis law balances conservation with sustainable use, gives Traditional Owners a formal role in managing their country, and provides the legal framework for protecting the NT's unique biodiversity."}},"importantCases":[],"_links":{"self":"/api/acts/territory-parks-and-wildlife-conservation-act-1976","history":"/api/acts/territory-parks-and-wildlife-conservation-act-1976/history","analysis":"/api/acts/territory-parks-and-wildlife-conservation-act-1976/analysis","conflicts":"/api/acts/territory-parks-and-wildlife-conservation-act-1976/conflicts","importantCases":"/api/acts/territory-parks-and-wildlife-conservation-act-1976/important-cases","documents":"/api/acts/territory-parks-and-wildlife-conservation-act-1976/documents"}}