{"id":"tpwc-judbarra-gregory-national-park-carbon-emissions-reduction-project-by-laws-2022","name":"TERRITORY PARKS AND WILDLIFE CONSERVATION (JUDBARRA / GREGORY NATIONAL PARK CARBON EMISSIONS REDUCTION PROJECT) BY-LAWS 2022","slug":"territory-parks-and-wildlife-conservation-judbarra-gregory-national-park-carbon-emissions-reduction-","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177176,"registerId":"nt-tpwc-judbarra-gregory-national-park-carbon-emissions-reduction-project-by-laws-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"TERRITORY PARKS AND WILDLIFE CONSERVATION (JUDBARRA / GREGORY NATIONAL PARK CARBON EMISSIONS REDUCTION PROJECT) BY-LAWS 2022","content":"NORTHERN TERRITORY OF AUSTRALIA\nTERRITORY PARKS AND WILDLIFE CONSERVATION (JUDBARRA /\nGREGORY NATIONAL PARK CARBON EMISSIONS REDUCTION\nPROJECT) BY-LAWS 2022\nAs in force at 3 November 2022\nTable of provisions\n1 Title .................................................................................................. 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Application of By-laws ..................................................................... 2\n5 Use of fire for carbon emissions reduction....................................... 2\n6 Trade and commerce ...................................................................... 3\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 3 November 2022\n____________________\nTERRITORY PARKS AND WILDLIFE CONSERVATION (JUDBARRA /\nGREGORY NATIONAL PARK CARBON EMISSIONS REDUCTION\nPROJECT) BY-LAWS 2022\nBy-laws under the Territory Parks and Wildlife Conservation Act 1976\n1 Title\nThese By-laws may be cited as the Territory Parks and Wildlife\nConservation (Judbarra / Gregory National Park Carbon Emissions\nReduction Project) By-laws 2022.\n2 Commencement\nThese By-laws commence on the day on which they are notified in\nthe Gazette.\n3 Definitions\nIn these By-laws:\nJudbarra / Gregory National Park means land to which by-law 4\napplies.\nuse of fire includes the following activities:\n(a) intentionally lighting fires;\n(b) slashing;\n(c) grading;\n(d) fire suppression;\n(e) any other form of fire management.\n\nTerritory Parks and Wildlife Conservation (Judbarra / Gregory National Park Carbon\nEmissions Reduction Project) By-laws 2022 2\n4 Application of By-laws\nThese By-laws apply in relation to:\n(a) all the areas of land declared to be a park under section 24(2)\nof the Territory Parks and Wildlife Conservation Act 1976 by\ninstrument dated 10 September 2009 and published in\nGazette G38 on 23 September 2009; and\n(b) the parcel of land known as Gregory's Tree Historical Reserve\ndeclared to be a reserve under section 24(2) of the Territory\nParks and Wildlife Conservation Act 1976 by instrument dated\n10 September 2009 and published in Gazette G38 on\n23 September 2009.\n5 Use of fire for carbon emissions reduction\n(1) By-laws 11(1) and (2) and 11A(2) of the Territory Parks and Wildlife\nConservation By-laws 1984 do not apply in relation to use of fire in\nthe Judbarra / Gregory National Park that is:\n(a) for the purpose of reducing carbon emissions in the\nJudbarra / Gregory National Park; and\n(b) carried out during the period commencing on the\ncommencement of this by-law and ending on\n1 January 2045; and\n(c) part of an eligible offsets project declared under section 27(2)\nof the Carbon Credits (Carbon Farming Initiative)\nAct 2011 (Cth); and\n(d) approved by the joint management partners for the\nJudbarra / Gregory National Park.\n(2) By-law 18(1) and (6) of the Territory Parks and Wildlife\nConservation By-laws 1984 does not apply in relation to the\ndisturbance of a natural feature of the Judbarra / Gregory National\nPark as an ordinary consequence of use of fire that is:\n(a) for the purpose of reducing carbon emissions in the\nJudbarra / Gregory National Park; and\n(b) carried out during the period commencing on the\ncommencement of this by-law and ending on\n1 January 2045; and\n(c) part of an eligible offsets project declared under section 27(2)\nof the Carbon Credits (Carbon Farming Initiative)\nAct 2011 (Cth); and\n\nTerritory Parks and Wildlife Conservation (Judbarra / Gregory National Park Carbon\nEmissions Reduction Project) By-laws 2022 3\n(d) approved by the joint management partners for the\nJudbarra / Gregory National Park.\n6 Trade and commerce\nTo avoid doubt, nothing in by-law 5 affects the application of\nby-law 13 of the Territory Parks and Wildlife Conservation\nBy-laws 1984 to the Judbarra / Gregory National Park.\n\nENDNOTES\nTerritory Parks and Wildlife Conservation (Judbarra / Gregory National Park Carbon\nEmissions Reduction Project) By-laws 2022 4\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTerritory Parks and Wildlife Conservation (Judbarra / Gregory National Park Carbon\nEmissions Reduction Project) By-laws 2022 (SL No. 16, 2022)\nNotified 3 November 2022\nCommenced 3 November 2022","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The by‑laws narrow the application of certain prohibitions in the Territory Parks and Wildlife By‑laws 1984 within the Judbarra / Gregory National Park by creating explicit exemptions for fire‑management activities carried out as part of approved eligible carbon offsets projects up to 1 January 2045, thereby expanding lawful management actions for those projects while leaving other park rules (including trade/commercial rules) intact."},"complexity_factors":["Cross‑reference to multiple other instruments: Territory Parks and Wildlife By‑laws 1984 (several specific by‑laws) and the Carbon Credits (Carbon Farming Initiative) Act 2011 adds interpretive complexity.","Conditional exemptions: relief applies only where activities are part of an eligible offsets project and approved by joint management partners (by‑law 5(1)(c)–(d)), creating a two‑part eligibility gate.","Temporal limit: exemptions expire 1 January 2045, requiring tracking of project timelines and regulatory status.","Broad definition of 'use of fire' (includes slashing, grading, suppression) expands the range of regulated conduct to be assessed.","Administrative discretion and compliance burden: approvals rest with joint management partners and operators must satisfy federal offsets rules, increasing coordination needs.","Interaction with enforcement and natural‑feature disturbance rules (by‑law 5(2)) requires alignment between conservation protections and emissions‑reduction operations.","Preservation of trade/commercial provision (by‑law 6) requires reconciling commercial activity limits with permitted fire‑management operations."],"plain_english_summary":"These by-laws allow specified fire‑management activities (including planned burning, slashing and grading) in Judbarra / Gregory National Park for the purpose of reducing carbon emissions by exempting certain prohibitions in the Territory Parks and Wildlife By‑laws 1984 where the activities are part of an eligible offsets project under the Carbon Credits (Carbon Farming Initiative) Act 2011 and approved by the park’s joint management partners; the exemptions run until 1 January 2045 (by‑law 5). Project proponents pay operational costs and seek federal carbon credits; approval discretion rests with joint management partners, and general trade/commercial rules remain in force (by‑law 6)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. It creates a time-limited, location-specific exemption for carbon farming projects in one national park. There is no evidence of scope creep; the by-laws do exactly what their title suggests and no more."},"complexity_factors":["Only 6 operative provisions (by-laws 1-6)","Minimal defined terms (only 2: 'Judbarra / Gregory National Park' and 'use of fire')","Simple conditional structure: 4 cumulative criteria in by-law 5 (purpose, timeframe, federal registration, partner approval)","No nested exceptions or complex cross-referencing beyond pointing to specific by-laws in the 1984 By-laws that are being disapplied","Straightforward temporal limitation (sunset clause ending 1 January 2045)","Single geographic scope (one specific park and one historical reserve)"],"plain_english_summary":"**What this legislation does:**\n\nThese by-laws create a special exemption for a specific national park in the Northern Territory — Judbarra / Gregory National Park — to allow **carbon farming projects** that use fire management to reduce greenhouse gas emissions.\n\nNormally, the Territory Parks and Wildlife Conservation By-laws 1984 strictly control or prohibit:\n- Lighting fires, slashing vegetation, grading land, and fire suppression activities (by-law 11)\n- Disturbing natural features of the park (by-law 18)\n\nThese new by-laws **carve out an exception** so that approved carbon reduction projects can carry out these activities without breaking the usual park rules, **provided**:\n- The fire use is specifically for reducing carbon emissions\n- It happens between when the by-laws start and 1 January 2045\n- The project is registered under the federal Carbon Credits (Carbon Farming Initiative) Act 2011\n- The joint management partners (the traditional owners and the Northern Territory government working together) approve it\n\n**Who it affects:**\n- Traditional owners and park managers running registered carbon projects in Judbarra / Gregory National Park\n- Anyone involved in \"savanna burning\" or similar carbon credit projects in this specific park\n- Visitors to the park (indirectly, as fire management activities may increase)\n\n**Why it matters:**\nThis enables Indigenous land management groups to earn carbon credits through controlled burning (which reduces the intensity of wildfires and thus lowers carbon emissions) without being in breach of standard park conservation rules. It recognises that traditional fire management can both protect country and generate economic benefits through Australia's carbon market, while ensuring the joint management partners retain control over approvals."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on available information, the by-laws appear narrowly focused on their stated purpose: enabling and regulating a carbon emissions reduction project within Judbarra / Gregory National Park. There is no apparent evidence of scope creep beyond this specific objective."},"complexity_factors":["Dual agency administration — responsibility is split between two government departments depending on which Part of the by-laws applies, creating potential jurisdictional confusion","Intersection of multiple legal frameworks: territory parks legislation, federal carbon credit schemes (Clean Energy Regulator), and potentially Native Title or land rights law","Carbon credit project rules are technically complex, involving measurement methodologies and compliance requirements under federal law","Limited publicly available text — the full operative provisions are not reproduced here, making complete analysis impossible","Operates within a protected area (national park), adding a layer of conservation law constraints"],"plain_english_summary":"This by-law authorises and regulates a carbon emissions reduction project in Judbarra / Gregory National Park, enabling land-management activities (like savanna burning) that generate sellable carbon credits under national schemes. \n\nIt affects park managers, two Northern Territory departments, visitors and businesses in the area, and traditional owners. It matters because it formally uses protected parkland to produce carbon credits, linking conservation, climate policy and Indigenous land management and providing legal certainty for the project."}},"importantCases":[],"_links":{"self":"/api/acts/territory-parks-and-wildlife-conservation-judbarra-gregory-national-park-carbon-emissions-reduction-","history":"/api/acts/territory-parks-and-wildlife-conservation-judbarra-gregory-national-park-carbon-emissions-reduction-/history","analysis":"/api/acts/territory-parks-and-wildlife-conservation-judbarra-gregory-national-park-carbon-emissions-reduction-/analysis","conflicts":"/api/acts/territory-parks-and-wildlife-conservation-judbarra-gregory-national-park-carbon-emissions-reduction-/conflicts","importantCases":"/api/acts/territory-parks-and-wildlife-conservation-judbarra-gregory-national-park-carbon-emissions-reduction-/important-cases","documents":"/api/acts/territory-parks-and-wildlife-conservation-judbarra-gregory-national-park-carbon-emissions-reduction-/documents"}}