52ABy‑laws

52A By‑laws

(1) In this section Aboriginal Land does not include land declared under section 9A. (2) The Council may make by‑laws for or with respect to: (a) economic enterprise on Aboriginal Land; (b) cultural activities on Aboriginal Land; (c) the management, access, conservation, fire protection, development and use of Aboriginal Land; (d) the declaration of sacred or significant sites or other areas of significance to Aboriginal people on Aboriginal Land; (e) the activities to be permitted on Aboriginal Land or any part of it; (f) protection and conservation of flora or fauna found on Aboriginal Land; (g) in relation to Aboriginal Land, the cutting, removal and sale of timber, the granting of revocable licences and the payment of royalties for timber to the Council; (h) hunting, shooting and fishing on Aboriginal Land; (i) control of visitors in, and charging fees (to be paid to the Council) for entrance to, Aboriginal Land; (j) the regulation and control of motor traffic and parking on Aboriginal Land; (k) the appointment of persons to enforce the by‑laws, and the powers and duties of those persons. (3) The by‑laws may apply any regulation made under the Environment Protection and Biodiversity Conservation Act 1999 to Aboriginal Land, with whatever changes are needed for that purpose. (4) A by‑law, in applying a regulation referred to in subsection (3) relating to an offence, must not change the penalty for that offence. (5) A by‑law must not be inconsistent with a law of the Commonwealth or a law in force in the Territory, but a regulation referred to in subsection (3) may, in its application to Aboriginal Land, be inconsistent with a law in force in the Territory. (6) The by‑laws may provide that a contravention of a by‑law is an offence. (7) The regulations may provide, in respect of an offence against the by‑laws, for the imposition of: (a) if the offender is a natural person—a fine not exceeding 5 penalty units; or (b) if the offender is a corporation—a fine not exceeding 25 penalty units. (8) The regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against the by‑laws to pay to the Commonwealth, as an alternative to prosecution, a penalty not exceeding: (a) in the case of a natural person—1 penalty unit; or (b) in the case of a corporation—5 penalty units. (9) Subsections (7) and (8) do not apply in relation to an offence against a regulation referred to in subsection (3) in its application to Aboriginal Land. (10) If the Council makes a by‑law, it shall, within 21 days after making it, give a copy of the by‑law to the Minister. (11) For the purposes of the Legislation Act 2003, a by‑law made by the Council and received by the Minister is a legislative instrument made by the Minister on the day the by‑law is received.

Note: A by‑law made by the Council and received by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule‑maker in relation to the instrument under the Legislation Act 2003. For example, under that Act a rule‑maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the instrument) for registration under that Act.