Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 (Northern Territory)

This Act vests the Cobourg Peninsula Sanctuary in a Land Trust for the Aboriginal group, establishes the sanctuary as a national park in perpetuity, and creates institutional arrangements for management, control, and regulation of both terrestrial and adjacent marine areas. Key mechanical changes are these.

Vesting and title. All Crown estate and interest in the area described in the Schedule is granted and vested in perpetuity in the Cobourg Peninsula Sanctuary Land Trust (the Land Trust), in trust for the Aboriginal group (s 5(1)). The deed of grant is executed by the Administrator and registered (ss 13, 14). The deed excludes public roads (s 13(2)) and is subject to a Crown reservation of mineral rights in their natural condition or as deposits from workings (s 13(3)). Title is declared inalienable except for leases or licences in accordance with a plan of management (s 16).
Institutional structure. The Act establishes two corporate bodies: the Cobourg Peninsula Sanctuary Land Trust (s 7) and the Cobourg Peninsula Sanctuary and Marine Park Board (the Board) (s 18). The Parks and Wildlife Commission (the Commission) has specified functions subject to the Board (s 25). The Land Trust is required to act only in accordance with directions of the Board (s 7(6)-(7)).
Management via plans. Management of the sanctuary and the marine park is to be conducted in accordance with plans of management prepared by or on behalf of the Board (s 24(a); s 27). The plan must describe proposed buildings and any proposed mineral exploration or recovery operations and set conditions for those activities (s 27(2)-(3)). The Board must forward plans to the Land Council for written consent (not to be unreasonably withheld) before tabling them in the Legislative Assembly, except in relation to marine-park-only plans where the Land Council step does not apply (s 27(6)-(8); s 28(1A)).

NORTHERN TERRITORY OF AUSTRALIA COBOURG PENINSULA ABORIGINAL LAND, SANCTUARY AND MARINE PARK ACT 1981 As in force at 28 August 2013 Table of provisions Part I Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Land Council to consult with traditional Aboriginal owners .............. 3 5 Vesting of land in trustees ............................................................... 3 6 Additional areas ............................................................................... 4 7 Trustees........................................................................................... 4 8 Members of Land Trust ................................................................... 5 9 Resignation of trustee ...................................................................... 6 10 Appointment of new trustees ........................................................... 6 11 Entitlement to use and occupation................................................... 6 12 Establishment of national park......................................................... 6 13 Deed of grant ................................................................................... 6 14 Registrar-General to register deed .................................................. 7 15 Annual fee for use of sanctuary as national park ............................. 7 16 Title inalienable................................................................................ 8 17 Acquisition ....................................................................................... 8 Part II Administration 18 Establishment of Board ................................................................... 9 19 Membership of Board ...................................................................... 9 20 Resignation of member ................................................................. 10 21 Appointment of new members ....................................................... 10 22 Chairman and Deputy Chairman ................................................... 11 23 Calling of meetings, procedure, &c. ............................................... 11 Part III Functions and powers of the Board and the Commission 24 Functions of Board ........................................................................ 13 25 Functions of Commission .............................................................. 13 26 Powers........................................................................................... 14 Part IV Plans of management 27 Plans of management .................................................................... 14 28 Consideration of plan by Assembly ............................................... 16

Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 ii 29 Amendment, &c., of plan of management ..................................... 18 30 Access to areas ............................................................................. 18 31 Actions not to be taken except in accordance with plan of management.................................................................................. 19 Part V Mining 32 Effect of Part .................................................................................. 19 33 Mining activities ............................................................................. 19 34 Fees or compensation amounts for right to explore and mine on sanctuary .................................................................................. 20 34A Mining activities on marine park .................................................... 20 Part VI By-laws 35 By-laws .......................................................................................... 20 36 Inconsistent by-laws ...................................................................... 24 Part VII Miscellaneous 37 Territory Parks Act provisions to apply .......................................... 24 38 Audit, &c., provisions ..................................................................... 25 39 Lease to be granted to company ................................................... 25 40 Land ceasing to be part of the sanctuary....................................... 26 41 Reservations revoked .................................................................... 26 42 No repeal by implication ................................................................ 26 Schedule Cobourg Peninsula Sanctuary ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 28 August 2013

COBOURG PENINSULA ABORIGINAL LAND, SANCTUARY AND MARINE PARK ACT 1981 An Act to acknowledge and secure the right of Aboriginals to occupy and use certain land on the Cobourg Peninsula in the Northern Territory of Australia, to vest that land in trustees for Aboriginals, to declare that land to be a national park, making certain provisions relating to the management of adjacent marine areas and for related purposes Part I Preliminary 1 Short title This Act may be cited as the Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981. 2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Definitions In this Act, unless the contrary intention appears: Aboriginal means a person who is a member of the Aboriginal race of Australia. Aboriginal tradition means the body of traditions, observances, customs and beliefs of Aboriginals or of a community or group of Aboriginals, and includes traditions, observances, customs and beliefs as applied in relation to particular persons, sites, areas of land, things or relationships. Aboriginals entitled to use or occupy the sanctuary and/or marine park means the Aboriginals who are not traditional Aboriginal owners but who are entitled by Aboriginal tradition to use or occupy the sanctuary and/or marine park or part thereof whether by reason of spiritual affiliation to the land or part or for whatever other reason may be recognized by Aboriginal tradition.

Part I Preliminary Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 2 Board means the Cobourg Peninsula Sanctuary and Marine Park Board established by section 18. Commission means the Commission within the meaning of the Parks and Wildlife Commission Act 1980. group means all the traditional Aboriginal owners and the Aboriginals entitled to use or occupy the sanctuary and/or marine park. Land Council means the Northern Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth. Land Trust means the Cobourg Peninsula Sanctuary Land Trust established by section 7. marine park means the Cobourg Marine Park declared under section 12 of the Territory Parks and Wildlife Conservation Act 1976. minerals includes: (a) gold, silver, copper, tin and other metals; (b) coal, shale, petroleum and valuable earths and substances; (c) mineral substances; (d) gems and precious stones; and (e) ores and other substances containing minerals, whether suspended in water or not, and includes water. mining interest means any title, authority or other right or interest in relation to land (including a mineral exploration licence) granted under a law of the Territory relating to mining for minerals. plan of management means the plan of management for the whole or a part of the sanctuary and/or marine park prepared under section 27 by or on behalf of the Board. sanctuary means: (a) the area described in the Schedule as the Cobourg Peninsula Sanctuary; and (b) the additional areas, if any, the estate or interest of the Crown in which is granted and vested by section 6 in the Land Trust,

Part I Preliminary Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 3 and includes the waters on the sanctuary. traditional Aboriginal owners means a local descent group of Aboriginals who: (a) have common spiritual affiliations to a site on the sanctuary and/or marine park, being affiliations that place the group under a primary spiritual responsibility for that site and for the land on which, or water in which, it is situated; and (b) are entitled by Aboriginal tradition, as of right, to forage over land, or fish in water, referred to in paragraph (a). 4 Land Council to consult with traditional Aboriginal owners Where, under this Act, the Land Council is required to take or consent to the taking of any action in relation to the Land Trust, the Board, the sanctuary or the marine park, it shall not take or consent to the taking of that action unless it has first consulted all, or the relevant, traditional Aboriginal owners and is satisfied that: (a) the traditional Aboriginal owners understand the nature and purpose of; (b) the traditional Aboriginal owners have had a reasonable opportunity to take advice and express their views on; and (c) a majority of the traditional Aboriginal owners have consented to, the proposed action. 5 Vesting of land in trustees (1) Subject to this Act, all the estate and interest held immediately before the commencement of this Act by the Crown in the sanctuary is hereby granted to, and vested in perpetuity in, the Land Trust in trust for the group. (2) Subject to subsection (3), the Land Council shall, after due inquiry and consultation, decide who are the members of the group. (3) Where any dispute arises between the Land Council and an Aboriginal concerning the Aboriginal's membership of the group, the Supreme Court shall have jurisdiction to make orders and declarations concerning the Aboriginal's membership of the group.

Part I Preliminary Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 4 6 Additional areas (1) Where, at any time after the commencement of this Act: (a) the land described in paragraph (d) in the Schedule as being excluded from the area of the sanctuary is granted to or otherwise becomes vested in the Territory; or (b) the land described in paragraph (e) in the Schedule as being excluded from the area of the sanctuary ceases to be the subject of a lease from the Crown, all the estate or interest of the Crown in the land being so granted or vested or ceasing to be the subject of a lease from the Crown, as the case may be, shall thereupon, by force of this section, be granted to, and vested in perpetuity in, the Land Trust in trust for the group. (2) Sections 13 and 14 shall, with the necessary changes, apply to and in relation to an estate or interest vested under subsection (1) in the Land Trust. (3) Where, immediately before an estate or interest in land was vested under subsection (1) in the Land Trust, there was in force a plan of management or By-laws for or in relation to the sanctuary as then constituted, that plan of management and those By-laws shall, to the extent possible, apply to and in relation to the sanctuary as though the relevant land referred to in subsection (1) formed part of the sanctuary at the time that the plan of management or By-laws, as the case may be, came into force. 7 Trustees (1) There is hereby established a Land Trust for the sanctuary to be known as the Cobourg Peninsula Sanctuary Land Trust. (2) The Land Trust: (a) is a body corporate with perpetual succession; (b) shall have a common seal; and (c) is capable, in its corporate name, of suing and being sued. (3) The common seal of the Land Trust shall be kept by a member of the staff of the Land Council authorized by the Land Council for that purpose.

Part I Preliminary Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 5 (4) The common seal of the Land Trust shall be affixed to a document only with a written authority signed by the Chairman and at least 2 other members of the Land Trust. (5) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Land Trust affixed to a document and shall assume that it was duly affixed. (6) The Land Trust shall have such functions and duties as are given to or imposed on it by or under this Act and shall have such powers as are reasonably necessary to enable it to carry out its functions and duties. (7) The Land Trust: (a) shall not perform its functions except in accordance with a direction given to it by the Board; and (b) where such a direction is given to it, shall take action in accordance with the direction. 8 Members of Land Trust (1) In this section and sections 9 and 10, member of the Land Trust includes the Chairman. (2) The Land Trust shall consist of a Chairman and 3 other members. (3) The Chairman and members of the Land Trust shall be appointed by the Land Council from amongst the members of the group. (4) Subject to sections 9 and 10, a member of the Land Trust holds office for a period of 3 years but is eligible for reappointment. (5) Where a member of the Land Trust is, or is about to be, unable, whether on account of illness or otherwise, to perform the duties of his office, the Land Council may appoint a member of the group to act in the place of that member during the period during which that member is unable to perform the duties of his office. (6) A person appointed to act in the place of a member of the Land Trust has all the functions, powers and duties of that member. (7) The exercise or performance of a power or function by the Land Trust is not affected by reason only of there being a vacancy in the office of a member of the Land Trust.

Part I Preliminary Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 6 9 Resignation of trustee A member of the Land Trust may resign his office by writing signed by him, or with his authority, and delivered to the Land Council. 10 Appointment of new trustees (1) The Land Council shall, as soon as practicable after: (a) it receives the resignation of a member of the Land Trust; (b) it forms the opinion that a member has failed properly to perform the duties of his office; or (c) it becomes aware of a member's inability to continue as a member because of his illness or for any other reason, terminate the appointment of the person as a member of the Land Trust. (2) The Land Council shall, as soon as practicable after it becomes aware of the death of a member of the Land Trust or it terminates under subsection (1) the appointment of a person as a member of the Land Trust, appoint another person to be a member in his stead. 11 Entitlement to use and occupation Subject to this Act, the Aboriginals who are, from time to time, members of the group shall be, at all times, entitled to use and occupy the sanctuary and/or marine park. 12 Establishment of national park (1) The sanctuary is hereby established in perpetuity as a national park for the benefit and enjoyment of all people. (2) The sanctuary and/or marine park shall be used in such manner and upon such conditions as are provided by or under this Act and, when a plan of management is in force, in such manner and upon such conditions as are provided by that plan of management. 13 Deed of grant (1) The Administrator shall execute in duplicate a deed of grant of the estate and interest in the sanctuary conferred by this Act and shall forthwith deliver the deed to the Land Trust.

Part I Preliminary Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 7 (2) The deed of grant referred to in subsection (1) shall exclude all roads over which the public had a right of way immediately before the commencement of this Act. (3) The deed of grant referred to in subsection (1) shall be expressed to be subject to the reservation, in favour of the Crown, of the right to all minerals in their natural condition or in a deposit of waste material obtained from any surface or underground working on or below the surface of the sanctuary, and the grant of the land is, accordingly, subject to that reservation. (4) Where, immediately before the commencement of this Act, the land that constitutes the sanctuary was occupied or used by the Crown or an Authority or agent of the Crown for a particular purpose, the Crown or that Authority or agent, as the case may be, is entitled to continue that occupation or use for that purpose for such period as the land is so required by the Crown or the Authority or agent. (5) Without limiting the generality of subsection (4), the Crown or an Authority or agent of the Crown may continue to occupy and use the houses, buildings, wharf and other structures, and the airstrip, existing immediately before the commencement of this Act on that part of the sanctuary known as Black Point. 14 Registrar-General to register deed (2) The Land Trust shall, on receiving the deed of grant delivered to it under section 13(1), deliver the deed and the duplicate copy of the deed to the Registrar-General who shall place the deed in the Register and return the duplicate copy to the Land Trust with a notation thereon that it has been duly registered. 15 Annual fee for use of sanctuary as national park (1) Subject to subsection (4), the Territory shall pay annually to the Land Council $20,000 for the use of the sanctuary as a national park. (2) An amount paid pursuant to subsection (1) shall, after due inquiry, be paid by the Land Council to or for the benefit of the group. (3) A payment under this section shall: (a) in the case of an amount to be paid under subsection (1) by the Territory – be made as soon as practicable, but not later than one month, after: (i) the date of commencement of this Act; and (ii) each anniversary of that date; and

Part I Preliminary Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 8 (b) in the case of an amount to be paid under subsection (2) by the Land Council – as soon as practicable after the relevant amount referred to in subsection (1) is received by it. (4) The annual amount to be paid under subsection (1), other than the first, shall be $20,000 increased by: (a) the percentage by which the estimated seasonally adjusted average weekly wage per employed male unit for Darwin published by the Statistician, within the meaning of the Australian Bureau of Statistics Act 1975 of the Commonwealth, in respect of the September quarter immediately before the payment is to be made exceeds the estimated seasonally adjusted average weekly wage per employed male unit for Darwin published by the Statistician in respect of the September quarter of the year 1980; or (b) where no estimated seasonally adjusted average weekly wage referred to in paragraph (a) has been published in respect of the relevant September quarter, the percentage that the Chief Justice, after consultation with the Statistician, considers would have been the appropriate increase had that average weekly wage been published. 16 Title inalienable Subject to this Act, the title to the sanctuary vested in the Land Trust is inalienable and cannot be sold, transferred, mortgaged or otherwise dealt with, either at law or in equity, except by way of lease or licence in pursuance of the plan of management. 17 Acquisition (1) Subject to this section, nothing in this Act derogates from the right of the Crown to acquire for a public purpose any part of, or an interest in, the sanctuary in accordance with the provisions of the Lands Acquisition Act 1978. (2) Subject to subsection (3), no procedure required by the Lands Acquisition Act 1978 for the acquisition of part of, or an interest in, the sanctuary shall be commenced unless the Minister for the time being responsible for the administration of that Act has first consulted with, and given due consideration to the views of, the Board.

Part II Administration Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 9 (3) The Minister referred to in subsection (2) shall, at the request of the Board, refer a proposed acquisition of part of, or an interest in, the sanctuary to the Legislative Assembly and thereafter no procedure for the acquisition shall commence except upon a resolution of the Legislative Assembly: (a) in the case of a proposed acquisition of part of an area – passed by a two-thirds majority of all members of the Assembly (excluding the Speaker); and (b) in the case of a proposed acquisition of any easement or right of way on or over, or other interest in, the sanctuary – passed by a majority of all members of the Assembly (excluding the Speaker), approving of the proposed acquisition. (4) For the avoidance of doubt, nothing in this section or the Lands Acquisition Act 1978 shall be construed as authorizing, for the purposes of mining, the acquisition of part of, or an interest in, the sanctuary. Part II Administration 18 Establishment of Board (1) There is hereby established a Board to be known as the Cobourg Peninsula Sanctuary and Marine Park Board. (2) The Board: (a) is a body corporate with perpetual succession; (b) shall have a common seal; and (c) subject to this Act, is capable, in its corporate name, of holding and disposing of real and personal property and of suing and being sued. (3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Board affixed to a document and shall assume that it was duly affixed. 19 Membership of Board (1) The Board shall consist of 8 members appointed by the Minister, 4 of whom shall be members of the group and be appointed on the nomination of the Land Council.

Part II Administration Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 10 (2) As soon as practicable after an appointment under subsection (1) has been made, the Minister shall cause notice of that appointment to be published in the Gazette. (3) Subject to sections 20 and 21, a member of the Board holds office for a period of 3 years but is eligible for reappointment. (4) Where a member of the Board is, or is about to be, unable, whether on account of illness or otherwise, to perform the duties of his office, the Land Council may appoint a member of the group to act in the place of that member during the period during which that member is unable to perform the duties of his office, unless the first-mentioned member has, under section 23(4), given to another member a general authority to vote for him at meetings of the Board during the first-mentioned member's inability to perform the duties of his office. (5) A person appointed to act in the place of a member of the Board has all the functions, powers and duties of that member. (6) The performance or exercise of a function or power of the Board is not affected by reason only of there being a vacancy in the office of a member of the Board. 20 Resignation of member A member of the Board may resign his office by writing signed by him, or with his authority, and delivered to the Minister. 21 Appointment of new members (1) The Minister shall, as soon as practicable after: (a) he receives the resignation of a member of the Board; (b) being advised in writing by the Land Council that, in its opinion, a member appointed on the nomination of the Land Council has failed properly to perform the duties of his office; or (c) he becomes aware of a member's inability to continue as a member because of the member's illness or for any other reason, terminate the appointment of the person as a member of the Board. (2) The Minister shall, as soon as practicable after he becomes aware of the death of a member of the Board or he terminates under subsection (1) the appointment of a person as a member of the Board, appoint another person, with the same qualification for

Part II Administration Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 11 membership as the person in whose stead he is appointed, to be a member of the Board. 22 Chairman and Deputy Chairman (1) The Minister shall, as soon as practicable after the establishment of the Board or at any time when the office of Chairman of the Board is vacant, convene a meeting of the Board for the purpose of electing a member of the Board as the Chairman of the Board. (2) The Minister shall appoint one of the members appointed under section 19(1) on the nomination of the Land Council to preside at a meeting referred to in subsection (1). (3) The Chairman of the Board shall be elected by the Board from amongst the members appointed under section 19(1) on the nomination of the Land Council. (4) Where a Chairman is elected at a meeting referred to in subsection (1), he shall preside at that meeting in place of the person appointed under subsection (2) by the Minister. (5) The Board shall, as soon as practicable after its establishment, elect one of its members appointed under section 19(1) on the nomination of the Land Council to be the Deputy Chairman and shall thereafter, whenever the position of Deputy Chairman is vacant, elect a member, with the same qualification, to be the Deputy Chairman. (6) Subject to subsection (7), a person elected under this section as the Chairman or the Deputy Chairman, while he remains a member of the Board, holds office for 3 years and is eligible for re-election. (7) The Board may, at any time, by resolution, elect a new Chairman or Deputy Chairman having the qualification referred to in subsections (3) and (5) and, on the passing of such a resolution, the person who held that office immediately before that resolution was passed ceases to hold that office. 23 Calling of meetings, procedure, &c. (1) The Chairman or Deputy Chairman shall call such meetings of the Board as are necessary for the performance of its functions and the exercise of its powers. (2) The Minister may, at any time, direct the Chairman or the Deputy Chairman to call a meeting of the Board and the Chairman or Deputy Chairman shall call a meeting accordingly.

Part II Administration Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 12 (3) At a meeting of the Board: (a) the Chairman shall preside if he is present or, if he is not present, the Deputy Chairman shall preside or, if neither the Chairman or Deputy Chairman are present, the members of the Board present shall elect one of their number to preside; (b) subject to subsection (4), 6 members, of whom 4 shall be members appointed under section 19(1) on the nomination of the Land Council, constitute a quorum; (c) questions arising shall be determined by a majority of the votes of the members and, in the event of an equality of votes, the person presiding shall have a casting vote as well as a deliberative vote; and (d) subject to this Act, the Board shall determine the procedures to be followed at or in connection with the meeting. (4) A member of the Board may, in writing under his hand or with his authority, give to another member a general authority to vote for him at a meeting of the Board and the member given that authority may vote for the first-mentioned member at that meeting and shall, for the purposes of subsection (3)(b), be counted towards a quorum as though he were also the first-mentioned member. (5) The Board shall cause records of its meetings to be kept and, as soon as practicable after each meeting, shall cause a copy of the minutes of the meeting to be given to each member of the Board and to the Land Council. (6) A member of the Board may require the Board to admit to a meeting of the Board such persons as he considers necessary to advise him on matters being considered at the meeting and may require the Board to allow such persons or any of them to address the meeting on his behalf, and the Board shall admit those persons and allow them to address the meeting accordingly. (7) A person admitted to a meeting of the Board pursuant to subsection (6) shall not vote on any matter at that meeting.

Part III Functions and powers of the Board and the Commission Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 13 Part III Functions and powers of the Board and the Commission 24 Functions of Board The functions of the Board are: (a) to prepare plans of management for the control and management of the sanctuary and/or marine park; (b) to protect and enforce the right of the group to use and occupy the sanctuary and/or marine park; (c) to determine, in accordance with the plan of management, the rights of access to parts of the sanctuary and/or marine park of persons who are not members of the group; (ca) to advise the Minister for the purposes of section 34A; (d) to ensure adequate protection of sites on the sanctuary and marine park of spiritual or other importance in Aboriginal tradition; and (e) such other functions in and in relation to the sanctuary and/or marine park as are imposed on it by or under the plan of management. 25 Functions of Commission (1) The functions of the Commission in relation to the sanctuary and marine park include, on behalf of and subject to the directions of the Board: (a) the preparation of plans of management; and (b) the control and management of the sanctuary and marine park. (2) For the avoidance of doubt, where in the preparation of the plan of management, or in the control and management of the sanctuary or marine park, a difference of opinion between the Commission and the Board arises, the difference shall be resolved by a resolution of the Board and the Commission shall prepare the plan of management or control and manage the sanctuary or marine park, as the case may be, in accordance with that resolution.

Part IV Plans of management Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 14 26 Powers (1) Subject to this Act and the plan of management, the Board and the Commission shall have, in relation to the sanctuary and marine park, the power to do all things that are necessary or convenient to be done for or in connection with, or incidental to the performance of, their respective functions and the exercise of their respective powers. (2) Without limiting the generality of subsection (1), the Board may: (a) employ staff; (b) obtain the advice and assistance of persons who are expert in any matter with which the Board is concerned; and (c) give lawful directions to the Land Trust concerning the performance of its functions. Part IV Plans of management 27 Plans of management (1) As soon as practicable after the commencement of this Act and from time to time as the occasion requires, the Board shall cause to be prepared a plan of management for the sanctuary and/or marine park. (2) A plan of management prepared in pursuance of subsection (1) shall set out a detailed description of the manner in which it is proposed that the sanctuary and/or marine park shall be managed and shall include: (a) a general description of all existing or proposed buildings, structures, facilities or other developments on the sanctuary and/or marine park; and (b) a detailed description of the operations for the exploration for or recovery of minerals, or excavation, works or other operations, that may be carried out on the sanctuary. (3) Where the plan of management provides for operations for the exploration for or recovery of minerals, or for excavation or other works, the plan shall set out the conditions, if any, that are to be applicable to those activities.

Part IV Plans of management Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 15 (4) In the preparation of the plan of management, regard shall be had to: (a) the protection of areas and things of significance to Aboriginals; (b) the limitations, if any, imposed by Aboriginal tradition on the use of any part of the sanctuary and/or marine park; (c) existing, proposed and desirable living, commercial and recreational areas for the group or members of the group; (d) the regulation of the appropriate use, appreciation and enjoyment of the sanctuary and/or marine park; (e) the preservation of the sanctuary and/or marine park in its natural condition and the protection of its special features, including objects and sites of spiritual, biological, historical, palaeontological, archaeological, geological and geographical interest, whether or not of importance in Aboriginal tradition; (f) the protection, conservation and management of native flora and fauna within the sanctuary and/or marine park and the natural environment generally; (g) the protection of the sanctuary and/or marine park against damage; (h) the employment and training of Aboriginals; (j) the functions of the Commission under other laws of the Territory; and (k) any advice provided by the Minister in relation to the marine park. (5) When the Board has prepared a plan of management for the sanctuary and/or marine park it shall, subject to subsections (6), (7) and (8), forward it to the Minister for tabling in the Legislative Assembly. (6) Before forwarding a plan of management to the Minister the Board shall forward it to the Land Council and seek the Land Council's written consent (which consent shall not be unreasonably withheld) to the Board forwarding it to the Minister.

Part IV Plans of management Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 16 (7) The Land Council shall, within 90 days after receiving the plan of management under subsection (6), in writing to the Board: (a) consent to the plan of management being forwarded to the Minister; or (b) refuse to consent, giving its reasons for so refusing, and in either case may make such comments on the plan as it thinks fit. (8) Where the Board is advised under subsection (7) that the Land Council has refused its consent, it shall, within a reasonable time, consider the reasons for the refusal and either: (a) change the plan of management and seek the Land Council's consent to the plan, as changed, being forwarded to the Minister (in which case this subsection and subsections (6), (7) and (9) shall apply to and in relation to the plan as so changed); or (b) forward the plan of management to the Minister together with the reasons of the Land Council for its refusal to consent and any comments of the Land Council. (9) The Minister shall, on the first sitting day of the Legislative Assembly after a plan of management for the sanctuary and/or marine park forwarded under subsection (5) is received by the Minister, cause it, and any reasons of the Land Council for its refusal to consent and any comments, to be tabled in the Legislative Assembly. 28 Consideration of plan by Assembly (1) For the purposes of this section and section 29, plan of management includes part of the plan of management, and where under this section a part only of the plan of management is disallowed, the plan of management with that part omitted shall come into operation as provided by subsection (3) and the part disallowed shall be dealt with in accordance with this section as a separate amending plan of management. (1A) Subsections (6), (7) and (8) do not apply to or in relation to a plan of management for the marine park. (2) Subject to subsection (3), the Legislative Assembly may, in pursuance of a motion notice of which is given within 5 sitting days after the plan of management has been tabled in the Assembly, pass a resolution disallowing the plan of management.

Part IV Plans of management Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 17 (3) Subject to subsection (4), if no notice of a motion to disallow a plan of management is given within the time referred to in subsection (2) or the Legislative Assembly does not pass a resolution in accordance with that subsection disallowing a plan of management, the plan of management comes into operation on the day immediately following the fifth sitting day referred to or on the day immediately following the last day on which such a resolution could have been passed, as the case may be. (4) If, before the expiration of 5 sitting days after a plan of management has been tabled in the Legislative Assembly: (a) the Assembly expires or is prorogued; and (b) notice of motion for the disallowance of the plan of management has not been given, the plan of management shall, for the purposes of this section, be deemed to have been laid before the Legislative Assembly on the first sitting day of the Assembly after the expiration or prorogation. (5) If the Legislative Assembly passes a resolution, in accordance with subsection (2), disallowing a plan of management, the Minister shall direct the Board to prepare a fresh plan of management and the Board shall thereupon reconsider the matter and prepare a fresh plan of management or again forward to the Minister the same plan of management, and in relation to the preparation of or dealing with the fresh plan of management, or with the same plan of management again forwarded to the Minister, as the case may be, section 27 and subsections (2), (3) and (4) of this section apply as though the plan of management were the first plan of management prepared for the sanctuary. (6) Where a plan of management disallowed by the Legislative Assembly is again forwarded under subsection (5) to the Minister and is again disallowed by the Legislative Assembly, the Minister shall forward it to the Chief Justice who shall consider it and make recommendations to the Minister and the Board on possible ways of resolving the differences between the Legislative Assembly and the Board in relation to the plan of management and suggested amendments, if any, to the plan of management. (7) The Chief Justice, in carrying out his function under subsection (6), may inform himself in whatever manner he thinks fit about any fact he considers relevant to his consideration of the plan of management. (8) The Minister shall, at the request of the Board, table in the Legislative Assembly the recommendations under subsection (6) of

Part IV Plans of management Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 18 the Chief Justice, and the tabling of those recommendations shall be deemed to be the tabling under section 27 of the plan of management to which the recommendations relate, amended in accordance with those recommendations, and this section applies as though it were the first plan of management prepared for the sanctuary. (9) As soon as practicable after a plan of management has come into operation, the Minister shall publish a notice in the Gazette, and in such newspapers as he thinks fit, stating that the plan of management has come into operation and giving an address where copies of the plan of management may be inspected or purchased. 29 Amendment, &c., of plan of management (1) The Board may, at any time, amend a plan of management, and sections 27(2), (3), (4), (5), (6) and 28 apply in relation to such amendment in the same manner as they apply in relation to the plan of management. (2) A plan of management may be revoked by a new plan of management, but the revocation shall not take effect until the new plan of management comes into operation. 30 Access to areas (1) Except as prohibited, restricted or regulated by or under this Act, the plan of management or any other law in force in the Territory, any person may enter and remain on the sanctuary. (2) Subject to subsection (3), the Board may, by a notice displayed in the relevant part of the sanctuary, designate that part of the sanctuary as land to which access by persons, other than members of the group, is prohibited or restricted, according to the terms of the notice. (3) Except in the performance of a function under this Act, or otherwise in accordance with this Act or a law in force in the Territory, a person who is not a member of the group shall not enter or remain on that part of the sanctuary designated in a notice referred to in subsection (2) otherwise than in accordance with the terms of the notice. Maximum penalty: 8 penalty units. (4) Where a plan of management is in force, the prohibition or restriction of access to part of the sanctuary designated by a notice referred to in subsection (2) shall be deemed to be included in, and form part of, the plan of management.

Part V Mining Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 19 (5) The plan of management shall make provision for: (a) access by fishermen to the shore of those parts of the sanctuary known as Curlew Bay and Barrow Bay and at Port Essington (in the vicinity of Victoria Settlement); and (b) access to airstrips by the public, and other reasonable access by the public to the sanctuary commensurate with the status of the area as a national park. 31 Actions not to be taken except in accordance with plan of management (1) Without limiting the generality of Part III, but subject to subsection (2): (a) no excavation shall be carried on; (b) no building or other structure shall be erected; (c) no work shall be carried on; and (d) no timber shall be felled or taken, on or from the sanctuary or marine park, except in accordance with the plan of management. (2) At a time when no plan of management is in force, the Board and the Commission may perform their respective functions on the sanctuary or marine park for the purpose of preserving, protecting and managing it. Part V Mining 32 Effect of Part This Part has effect notwithstanding any other law of the Territory. 33 Mining activities No operations for the exploration for or recovery or processing of minerals shall be carried on the sanctuary, other than operations that are carried on with the approval of the Board in accordance with the plan of management, and no mining interest shall be granted in respect of the sanctuary except with the prior written approval of the Board.

Part VI By-laws Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 20 34 Fees or compensation amounts for right to explore and mine on sanctuary (1) The plan of management for the sanctuary shall not provide for operations for the exploration for or recovery or processing of minerals unless the Board has agreed with the applicant for a mining interest on the sanctuary for the payment of fees or amounts by the applicant to the Land Council for the right to carry out those operations. (2) All fees or amounts paid to the Land Council pursuant to an agreement under subsection (1) shall be dealt with and paid out by the Land Council as though they were royalty payments in respect of mining on Aboriginal land, and the sanctuary was Aboriginal land, under the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth. (3) Where the Board has determined that the plan of management for the sanctuary should provide for operations for the exploration for or recovery or processing of minerals by an applicant for a mining interest or by a holder of a mining interest granted with the approval in writing of the Board in pursuance of section 33, but the Board and the applicant or holder are unable to agree on the amount of the fee referred to in subsection (1), the question shall be referred to the Chief Justice to determine the amount which, in his opinion, should be paid and, upon his so determining, the Board and the applicant for or holder of the mining interest, as the case may be, shall be deemed to have agreed to the payment of the amount accordingly. 34A Mining activities on marine park The Board may provide advice to the Minister, for consideration by the Minister primarily responsible for the administration of the Mineral Titles Act 2010 and any other law of the Territory relating to the exploration for or recovery of minerals, on any matter relating to such exploration or recovery or proposals for such exploration or recovery on the marine park, and any advice so provided shall be passed on and considered accordingly. Part VI By-laws 35 By-laws (1) The Board may make by-laws for the sanctuary, not inconsistent with this Act, any other law of the Territory or the plan of management, prescribing all matters required or permitted by this Act or the plan of management to be prescribed by by-laws or

Part VI By-laws Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 21 necessary or convenient to be so prescribed for carrying out or giving effect to the functions and powers of the Board and the Commission. (2) Without limiting the generality of subsection (1), but subject to subsection (3), by-laws may be made: (a) providing for the prohibition or the regulation of fishing; (b) providing for the prohibition of the use of firearms; (c) providing for the prohibition of the setting of traps; (d) providing for the requiring of persons, upon entering the sanctuary, to declare all items of fishing equipment, firearms, ammunition and traps in their possession; (e) providing for the prohibition or the regulation of the carrying of fishing equipment, firearms, ammunition and traps; (f) providing for the seizure of fishing equipment, firearms, ammunition and traps reasonably suspected of being carried or used in contravention of a by-law or the plan of management; (g) regulating or prohibiting the pollution of water; (h) providing for the protection and preservation of the sanctuary and property and things thereon; (j) providing opening times and closing times for access to the sanctuary by persons who are not members of the group; (k) regulating or prohibiting access to the sanctuary by persons or classes of persons; (m) providing for the removal from the sanctuary of persons who are believed, on reasonable grounds, to be trespassers or to have contravened or failed to comply with a provision of this Act, a by-law or the plan of management; (n) regulating or prohibiting camping; (p) providing for the safety of persons; (q) regulating or prohibiting the use of fire; (r) regulating the conduct of persons; (s) providing for the prevention or control of nuisances;

Part VI By-laws Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 22 (t) regulating or prohibiting the carrying on of any trade or commerce; (u) providing for fees and charges to be imposed on persons, who are not members of the group, entering, camping on or using the sanctuary or using services or facilities provided by or on behalf of the Board; (w) regulating or prohibiting the use of vehicles and providing for signs and road markings for those purposes; (y) regulating or prohibiting, and providing for the imposition and collection of charges for: (i) the parking or stopping of vehicles; (ii) the mooring of vessels; (iii) the landing of aircraft; and (iv) the use of vehicles and vessels; (z) providing for the removal of vehicles, aircraft or vessels from places where they have been left in contravention of the by- laws or have been abandoned and for the impounding of such vehicles, aircraft or vessels; (za) making provision to the effect that, where a contravention of a provision of the by-laws relating to the parking or stopping of vehicles occurs in respect of a motor vehicle, the person who is to be regarded as the owner of the motor vehicle for the purposes of the by-laws (who may, in accordance with the by-laws, be or include a person in whose name the motor vehicle is registered under a law of the Territory) is to be deemed to have committed an offence against the provision so contravened, whether or not he in fact contravened that provision; (zb) enabling a person who is alleged to have contravened a provision of the by-laws relating to: (i) littering; (ii) the use of vehicles or vessels; (iii) the parking or stopping of vehicles; (iv) the mooring or landing of vessels; or (v) the landing, use or flying of aircraft,

Part VI By-laws Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 23 to pay to the Board, as an alternative to prosecution, a specified sum in lieu of the penalty by which a contravention of that provision is otherwise punishable; (zc) regulating or prohibiting the use of vessels on, and the passage of vessels through, the sanctuary and the landing and use of aircraft in, and the flying of aircraft over, the sanctuary; (zd) regulating or prohibiting the taking of animals or plants into or out of the sanctuary and providing for the control of animals on the sanctuary; (ze) providing for the impounding, removal, destruction or disposal of animals found straying on the sanctuary; (zf) regulating or prohibiting the laying of baits and the use of explosives and poisons on the sanctuary; (zg) providing for the collection of specimens and the pursuit of research for scientific purposes on the sanctuary; and (zh) providing for any matter incidental to or connected with any of the foregoing. (3) A by-law shall not regulate the use by a member of the group or prohibit him from having in his possession or using any firearm, ammunition, trap, net or fishing equipment used or intended to be used by him in connection with the exercise of his right, as a member of the group, to use and occupy the sanctuary or a part of the sanctuary. (4) A provision of the by-laws regulating or prohibiting the flying of aircraft over the sanctuary does not have any force or effect to the extent to which it is inconsistent with a law of the Commonwealth or the Territory, but such a provision shall not be taken for the purposes of this subsection to be inconsistent with such a law if it can be complied with without contravention of that law. (5) The power to make by-laws conferred by this Act may be exercised: (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of cases; and (b) so as to make, in respect of cases in relation to which it is exercised, the same provision for all those cases or different provisions for different cases or classes of cases.

Part VII Miscellaneous Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 24 (6) The power to make by-laws conferred by this Act shall not be taken, by implication, to exclude the power to make provision for or in relation to a matter by reason only of the fact that: (a) a provision is made by or under this Act in relation to that matter or another matter; or (b) power is expressly conferred by or under this Act to make provision by by-laws for or in relation to another matter. (7) The by-laws may provide, in respect of an offence against or under this Act or the by-laws, for the imposition of: (a) a maximum penalty of, or of not more than an amount equal to, 40 penalty units; or (b) a maximum penalty of, or of not more than an amount equal to, 8 penalty units for each day during which the offence continues. (8) In proceedings for an offence against a by-law, an averment of the prosecutor, contained in the information or complaint, that, at a specified time a person was on the sanctuary or a particular part of the sanctuary to which the by-law relates, is prima facie evidence of that fact. (9) A prosecution for an offence against a by-law shall not be commenced except with the written authority of the Board or its Chairman, or the Director of the Commission. 36 Inconsistent by-laws Where a by-law made under this Act is inconsistent with an Act of the Territory, the latter shall prevail and the by-law shall, to the extent of the inconsistency, be invalid. Part VII Miscellaneous 37 Territory Parks Act provisions to apply (1) Parts IV and VIII and sections 112, 113, 115, 118 and 119 of the Territory Parks and Wildlife Conservation Act 1976 apply to and in relation to the sanctuary as though it were a park within the meaning of that Act. (2) Regulations and by-laws made under the Territory Parks and Wildlife Conservation Act 1976 apply to and in relation to the sanctuary, as though it were a park within the meaning of that Act, to the extent that they are not inconsistent with the plan of

Part VII Miscellaneous Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 25 management or a by-law made under this Act. (3) For the avoidance of doubt, a plan of management shall not be made under the Territory Parks and Wildlife Conservation Act 1976 in respect of the sanctuary and/or marine park. 38 Audit, &c., provisions (1) The Board shall, within the period of 6 months immediately following the end of the financial year or such other period as the Minister determines, prepare a report on its operations during the financial year and forward it to the Minister. (2) The Minister shall table the report under subsection (1), together with the financial statement and report of the Auditor-General on the financial statement required pursuant to subsection (3), in the Legislative Assembly within 6 sitting days of the Assembly after the delivery of the later of the reports to the Minister. (3) Subject to subsection (2), section 10 of the Financial Management Act 1995 applies to and in relation to the Board as if its activities were a Government Business Division within the meaning of that Act. (4) For the purposes of the application of section 10 of the Financial Management Act 1995 as referred to in subsection (3), the Board shall in writing, nominate an employee of the Commission to be its Accountable Officer. 39 Lease to be granted to company (1) Subject to subsection (2), but notwithstanding any other provision of this Act, the Land Trust shall grant to Paspaley Pearling Company Pty. Limited a lease for a term of not less than 25 years of the land situated at that part of the area known as East Station Point, Port Bremer which, immediately before the commencement of this Act, was occupied or used by or on behalf of that company, having an area of not more than 50 acres and on which are erected buildings and other improvements, including 2 wharves and a well, being land adjacent to the land registered under the Land Title Act 2000 as Northern Territory Portions 1724 and 1725. (2) If the Land Trust and the company referred to in subsection (1) cannot, within 6 months after the commencement of this Act, agree upon the identity, area or boundaries of the land referred to in that subsection or a term, covenant or condition to which the lease is to be subject, the Chief Justice may determine the identity, area and boundaries of the land and the terms, covenants and conditions to apply and, on the Chief Justice so determining, the lease shall be deemed to have been executed by the Land Trust and the company

Part VII Miscellaneous Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 26 and have effect accordingly. 40 Land ceasing to be part of the sanctuary Where the sanctuary or any part of it ceases for any reason to be the sanctuary or part of the sanctuary, the title to the land comprising the sanctuary or that part, as the case may be, vested by this Act in the Land Trust shall continue to be so vested notwithstanding that cessation, and the Land Trust: (a) shall remain in existence; and (b) shall have, in relation to the land, the functions, powers and duties as though it were a Land Trust under and within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth and a reference to the Minister in that Act were a reference to the Minister for the time being administering this Act. 41 Reservations revoked (1) All reservations under the Crown Lands Act 1992 relating to the sanctuary or part of the sanctuary and in force immediately before the commencement of this Act are hereby revoked. (2) Where a reservation referred to in subsection (1) was for historic interest or historic purposes, all buildings, structures, foundations, walls, excavations, objects or things on the land the subject of the reservation shall be protected and preserved as though the land continued to be subject to a reservation for historic interest or historic purposes, and the plan of management shall, accordingly, provide for such protection and preservation. 42 No repeal by implication The effect of a provision of this Act shall not be amended, modified or varied except by express provision in an Act.

Schedule Cobourg Peninsula Sanctuary Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 27 Schedule Cobourg Peninsula Sanctuary section 3 ALL THAT piece or parcel of land known as Cobourg Peninsula containing an area of about 1916 square kilometres above low-water mark and lying to the west of a line on a true bearing of 231 degrees from a point on the sea coast at low-water mark distance about 10 miles on a true bearing of 245 degrees from Coombe Point, Mount Norris Bay, including: (a) the islands adjacent to the coast of that land and known as Sandy Island No. 2, Sandy Island No. 1, Allaru Island, Burford Island, Greenhill Island, Wangoindjung Island, Warldagawaji Island, Warla Island, Wunmiyi Island, Morse Island and Mogogout Island; and (c) the unnamed high black rock approximately 2.5 kilometres in a westerly direction from the most westerly point between Shamrock Bay and Silvio Bay, but excluding: (d) all that parcel of land containing an area of 259 hectares more or less bounded by an imaginary line commencing at a point on the sea coast at low-water mark 60.35 metres east of the Cape Don Lighthouse jetty; thence on a true bearing of 215 degrees 10 minutes for a distance of approximately 3,540.5 metres to meet the sea coast at low-water mark; thence generally northwesterly, northeasterly, southeasterly and southwesterly along the said low-water mark to the point of commencement; and (e) all that piece of land known as Northern Territory Portion 900 being the whole of the land comprised in Special Purposes Lease 153 situated on the eastern shore of Knocker Bay, Port Essington and being the land more particularly described in the Register of Crown Leases Volume 56 Folio 75.

ENDNOTES Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 28 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Cobourg Peninsula Aboriginal Land and Sanctuary Act 1981 (Act No. 64, 1981) Assent date 20 July 1981 Commenced 3 September 1981 (Gaz S17, 3 September 1981) Statute Law Revision Act 1983 (Act No. 58, 1983) Assent date 28 November 1983 Commenced 28 November 1983 Statute Law Revision Act (No. 2) 1987 (Act No. 59, 1987) Assent date 31 December 1987 Commenced 31 December 1987 Real Property (Consequential Amendments) Act 1991 (Act No. 33, 1991) Assent date 25 June 1991 Commenced 1 October 1991 (Gaz S49, 1October 1991) Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995) Assent date 21 March 1995 Commenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4, 1995) and Gaz S13, 31 March 1995) Parks and Wildlife Commission (Consequential Amendments) Act 1995 (Act No. 46, 1995) Assent date 15 November 1995 Commenced 29 November 1995 (s 2, s 2 Conservation Commission Amendment Act 1995 (Act No. 43, 1995) and Gaz S42, 29 November 1995) Cobourg Peninsula Aboriginal Land and Sanctuary Amendment Act 1996 (Act No. 3, 1996) Assent date 20 March 1996 Commenced 19 April 1996 (Gaz S9, 19 April 1996)

ENDNOTES Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 29 Statute Law Revision Act 1998 (Act No. 11, 1998) Assent date 30 March 1998 Commenced 30 March 1998 Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000) Assent date 12 September 2000 Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2) Mineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010) Assent date 18 November 2010 Commenced 7 November 2011 (Gaz G41, 12 October 2011, p 5) Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) Assent date 12 July 2013 Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS s 17 Cobourg Peninsula Aboriginal Land and Sanctuary Amendment Act 1996 (Act No. 3, 1996) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 17, 34A, 37, 38, 39 and 41. 5 LIST OF AMENDMENTS lt amd No. 3, 1996, s 5 Preamble amd No. 3, 1996, s 6 s 1 amd No. 3, 1996, s 4 s 3 amd No. 46, 1995, s 3; No. 3, 1996, ss 7 and 16; No. 11, 1998, s 10; No. 37, 2010, s 13 s 4 amd No. 3, 1996, s 8 s 11 amd No. 3, 1996, s 16 s 12 amd No. 3, 1996, s 16 s 13 amd No. 58, 1983, s 4 s 14 amd No. 33, 1991, s 7; No. 45, 2000, s 11 s 18 amd No. 3, 1996, s 9 s 24 amd No. 3, 1996, ss 10 and 16 s 25 amd No. 3, 1996, s 16 s 26 amd No. 3, 1996, s 16 s 27 amd No. 3, 1996, ss 11 and 16 s 28 amd No. 59, 1987, s 5; No. 3, 1996, s 12 s 30 amd No. 23, 2013, s 18 s 31 amd No. 3, 1996, s 16 s 34 amd No. 3, 1996, s 13 s 34A ins No. 3, 1996, s 14 amd No. 37, 2010, s 13 s 35 amd No. 23, 2013, s 18 s 37 amd No. 3, 1996, s 15 s 38 sub No. 5, 1995, s 19

ENDNOTES Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 30 s 39 amd No. 45, 2000, s 11 sch amd No. 58, 1983, s 4

1 Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981

The statute organises several interlocking legal concepts and institutions. These are stated in statutory language; the following summarises those concepts and cross-references the controlling provisions.

Group and traditional ownership. The Act distinguishes "traditional Aboriginal owners" from "Aboriginals entitled to use or occupy" and collectively refers to them as the group (s 3). "Traditional Aboriginal owners" is defined by descent group, spiritual affiliation and entitlement to forage or fish over specific land or water (s 3). The Land Council is tasked with determining who are members of the group after inquiry and consultation (s 5(2)), subject to Supreme Court jurisdiction to resolve disputes (s 5(3)).
Vesting and inalienability. The Crown’s estate in the sanctuary transfers to the Land Trust in perpetuity (s 5(1)). The Act makes title inalienable, prohibiting sale, transfer, mortgage or other dealing except for leases or licences in accordance with the plan of management (s 16). The deed expressly reserves Crown mineral rights (s 13(3)), which is relevant to how mining interests are regulated under the Act.
Board-centred governance. The Board is a corporate body of eight members appointed by the Minister, half of whom must be members of the group nominated by the Land Council (s 18(1)-(2); s 19(1)). The Board’s functions include preparing plans of management, protecting group rights to use and occupy, determining access rights of non-group persons in accordance with plans, advising the Minister on marine-park mining matters, and protecting sites of spiritual importance (s 24). Procedural rules for meetings, quorum and voting priorities are set out (s 23).
Commission role and hierarchy. The Parks and Wildlife Commission prepares and implements plans and manages the sanctuary but acts on behalf of and subject to the directions of the Board (s 25(1)). Where the Commission and the Board differ, the Board’s resolution governs and the Commission must act in accordance with it (s 25(2)).
Plans of management as the central instrument. Plans set out detailed management arrangements, list existing and proposed developments, and, where relevant, specify conditions for mineral exploration and recovery (s 27(2)-(3)). The plan preparation process embeds consultation with the Land Council and a tabling process in the Legislative Assembly with a short disallowance window and a mechanism for Chief Justice involvement if repeated disallowance occurs (s 27(6)-(9); s 28).
Access and public use. The public may generally enter the sanctuary unless otherwise restricted by notice or plan (s 30(1)-(3)). Plans must preserve certain public access rights for fishermen and airstrips at specified locations (s 30(5)). Restricted areas may be designated by Board notice and enforced with penalties (s 30(2)-(4)).
By-laws, penalties and enforcement. By-laws can be made to regulate a wide range of activities and to impose fees upon non-group users (s 35(1)-(2)). By-laws can authorise seizure, impounding and expiation payments in lieu of prosecution (s 35(2)(f); s 35(2)(zb)). Prosecutions under by-laws require written authority of the Board, its Chairman, or the Director of the Commission (s 35(9)). Inconsistency between by-laws and Territory Acts renders the by-law invalid to the extent of inconsistency (s 36).
Mining constraints and fee mechanism. The Act imposes a substantive bar on mining without Board approval in a plan of management (s 33). Any plan that provides for mining must be accompanied by an agreement on fees or amounts payable to the Land Council, which are to be treated as if they were royalties under the Commonwealth Aboriginal Land Rights Act (s 34(1)-(2)). If the parties cannot agree on fees, the Chief Justice can determine the amount (s 34(3)).
Financial recognition. The Territory pays an annual fee of $20,000 for use of the sanctuary as a national park, indexed by reference to Darwin average weekly wage statistics after the first payment (s 15). The Land Council must deal with monies in favour of the group (s 15(2)).

These concepts create a legal ecosystem where customary group rights are acknowledged within a statutory regime that vests title in a Land Trust, centralises operational authority in a Board dominated through a mixed appointment process, uses plans as the primary instrument for authorising development and access, and channels financial flows to the Land Council and through it to the group. The Act also embeds judicial roles at several points: Supreme Court jurisdiction for group membership disputes (s 5(3)), Chief Justice determination of unresolved mining fee disputes (s 34(3)), and Chief Justice involvement where a plan is disallowed repeatedly by the Legislative Assembly (s 28(6)).

The Act creates identifiable claimants, decision-makers and regulated populations. For each, the statute specifies duties, rights and routes for contestation.

The Aboriginal group. Defined by the Act as traditional Aboriginal owners together with Aboriginals entitled by tradition to use or occupy the sanctuary, the group is the primary beneficiary of the trust vesting (s 3; s 5(1)). Members of the group are at all times entitled to use and occupy the sanctuary subject to the Act (s 11). By-laws cannot regulate or prohibit a group member’s possession or use of customary tools for exercising rights to use and occupy the sanctuary (s 35(3)). The Land Trust holds estate for the group and the Land Council appoints the Land Trust’s Chairman and three other members from among the group (s 7; s 8(2)-(4)).
The Land Council. The Northern Land Council is given several active roles. It must be consulted by the Minister or Board on relevant actions affecting the Land Trust and must first consult traditional Aboriginal owners before taking or consenting to action in relation to Land Trust matters (s 4). The Land Council selects the Land Trust membership from among the group (s 5(2); s 8(3)). It receives the annual $20,000 payment from the Territory and is required to deal with those funds for the benefit of the group (s 15). The Land Council nominates four members for appointment to the Board (s 19(1)). The Land Council must provide written consent to plans of management, a consent not to be unreasonably withheld, within 90 days (s 27(6)-(7)).
The Land Trust. The Land Trust is the trustee body holding estate and interest in the sanctuary in perpetuity for the group (s 7(1)-(2); s 5(1)). It is a corporate body that may sue and be sued (s 7(2)(c)). The Land Trust’s common seal is controlled as prescribed (s 7(3)-(5)). Critically, the Land Trust may act only in accordance with directions given by the Board (s 7(6)-(7)), which places operational control in the Board’s hands.
The Board. The Board is the primary decision-maker for management policy, plan preparation and approval of access and non-group use (s 24; s 27). Eight members are appointed by the Minister, four on the Land Council’s nomination (s 19(1)). The Board can issue directions to the Land Trust (s 26(2)(c)) and give lawful directions that the Land Trust must follow (s 26(2)(c)). The Board may prepare by-laws with penalties and charging powers affecting non-group users (s 35).
The Commission. The Parks and Wildlife Commission prepares and implements plans and manages the sanctuary but does so on behalf of and subject to Board directions (s 25(1)-(2)). The Director of the Commission has standing to authorise prosecutions under by-laws (s 35(9)).
The Territory and Minister. The Territory pays the annual park fee and the Minister performs statutory functions including appointment of Board members, convening initial Board elections for Chair, and receiving and tabling plans in the Legislative Assembly (ss 15; 19; 22; 27(9)). The Minister must consult with the Board before starting Lands Acquisition Act proceedings and may be required to present certain acquisitions to the Legislative Assembly for special majority approval if the Board requests referral (s 17(2)-(3)).
Mining applicants and holders. Anyone seeking a mining interest must obtain prior written approval of the Board and have the activity provided for in a plan of management (s 33). Applicants must negotiate fees or compensation with the Board and Land Council; unpaid or unresolved fee disputes can be referred to the Chief Justice for determination (s 34).
Third parties and the public. Members of the public may enter the sanctuary unless restricted by plan or Board notice (s 30(1)-(3)). The Board may impose fees, regulate landing of aircraft, mooring of vessels, parking, and other activities under by-laws (s 35(2)(u), (y)). The plan must nonetheless make certain provisions for fishermen and airstrip access to specific locations (s 30(5)).
Specific private party: Paspaley Pearling Company Pty Ltd. The Act requires the Land Trust to grant Paspaley a lease for a specific site for not less than 25 years, subject to certain procedural steps and a Chief Justice arbitration fallback if parties cannot agree within six months (s 39).

Who pays and who benefits. The Territory provides an annual payment to the Land Council for the park (s 15), non-group users may be charged fees under by-laws (s 35(2)(u)), and mining applicants must pay fees to the Land Council treated as royalties (s 34(1)-(2)). The group is the statutory beneficiary of the vested title and of payments channelled through the Land Council.

Who decides. Institutional decision-making rests with the Board (plans, approvals, by-laws, directions to the Land Trust) and with the Commission for operational execution under Board direction (s 24-26). The Minister appoints Board members and has roles in tabling plans and in acquisition processes (s 19; s 27; s 17). The Land Council controls Land Trust membership and must consent to plans (s 5(2); s 27(6)-(7)). Judicial actors have recurring roles in disputes and fee determinations (s 5(3); s 34(3); s 28(6); s 39(2)).

The Act sets out specific statutory duties for the Board, the Land Trust, the Land Council, the Commission and the Territory, alongside the rights of the group and limited rights of the general public.

Duties of the Board. The Board's statutory functions include preparing plans of management for the sanctuary and/or marine park (s 24(a)), protecting and enforcing the group's right to use and occupy the sanctuary (s 24(b)), determining non-group access consistent with the plan (s 24(c)), advising the Minister on marine-park mining matters (s 24(ca)), ensuring protection of spiritually important sites (s 24(d)), and performing other functions set out in the plan (s 24(e)). The Board also has power to employ staff, obtain expert advice and direct the Land Trust (s 26(2)(a)-(c)). Plans must be prepared as soon as practicable after commencement and as required subsequently (s 27(1)).
Duties of the Land Trust. The Land Trust holds estate in perpetuity and has functions, duties and powers as conferred by the Act (s 7(6)). However, the Land Trust may only act in accordance with directions given by the Board and must implement any such directions (s 7(6)-(7)). The Land Trust’s corporate formalities for its common seal are prescribed (s 7(3)-(5)). The Land Trust must grant the statutorily mandated lease to Paspaley if required by s 39(1) and follow Chief Justice determinations if the parties cannot agree (s 39(2)).
Duties of the Land Council. The Land Council must consult traditional Aboriginal owners before taking or consenting to actions in relation to the Land Trust, Board, sanctuary or marine park and satisfy itself that traditional owners understand and consent to proposed actions by majority (s 4). The Land Council selects members of the Land Trust from among the group (s 5(2); s 8(3)), receives and disburses the Territory's annual payment as required (s 15), and must provide written consent to plans of management within 90 days, a consent that must not be unreasonably withheld (s 27(6)-(7)).
Duties of the Commission. The Commission’s functions include preparation of plans and control and management of the sanctuary and marine park on behalf of and subject to directions of the Board (s 25(1)). Where disputes arise between Board and Commission, the Board resolves them by resolution and the Commission must follow the Board’s direction (s 25(2)).
Rights and entitlements of the group. Members of the group are entitled to use and occupy the sanctuary at all times subject to the Act (s 11). By-laws cannot regulate a group member’s traditional use or prohibit possession or use of customary equipment for such use (s 35(3)). The group benefits from distributions of the annual amount paid by the Territory and from royalties or fee payments under mining arrangements dealt with by the Land Council (s 15; s 34(2)).
Public rights and restrictions. Generally, any person may enter and remain on the sanctuary except as prohibited or restricted by law, the plan or other law, but the Board may designate parts as prohibited or restricted to non-group members by displayed notice (s 30(1)-(3)). Plans must provide for specified public access for fishermen and airstrips in designated locations (s 30(5)). The Act empowers by-laws to regulate a wide range of public behaviours and services and to impose fees on non-group users (s 35(2)).
Mining and compensation rights. Mining operations cannot be carried on without Board approval in a plan of management and a mining interest cannot be granted without prior written approval of the Board (s 33). Applicants for mining interests are entitled to negotiate fees with the Board and the Land Council; unpaid disputes on fee amounts can be referred to and determined by the Chief Justice (s 34(1)-(3)). All fees/amounts paid to the Land Council under those agreements are to be treated as royalty payments under the Commonwealth Aboriginal Land Rights Act regimes for Aboriginal land (s 34(2)).
Financial and reporting duties. The Territory is obliged to pay specified annual sums to the Land Council for national park use (s 15). The Board must prepare annual reports and financial statements and make them available to the Minister who tables them in the Legislative Assembly together with the Auditor-General’s report (s 38(1)-(3)). The Board must nominate an employee of the Commission as its Accountable Officer for the purposes of the Financial Management Act 1995 application (s 38(4)).
Procedural and judicial routes. The Act creates specified dispute resolution routes: membership disputes are within Supreme Court jurisdiction (s 5(3)); unresolved mining fee disputes are referred to the Chief Justice (s 34(3)); repeated Legislative Assembly disallowance of plans triggers Chief Justice consideration and recommendations (s 28(6)-(8)). These routes are express and embedded; rights and duties often depend on outcomes in these processes.

In summary, the Act allocates rights to the group and duties to the Land Trust, Board, Land Council, Commission and Territory. The Board holds central operational authority and regulatory tools, while the Land Trust holds title subject to Board direction. Mining and public access are constrained by plan and Board approvals with judicially-backed dispute resolution for certain gridlocked situations.

The Act couples regulatory powers with criminal and civil enforcement tools. It also sets gatekeeping rules for prosecution and establishes discretionary enforcement processes.

Penalties specified in the text. The Act provides specific penalties for breach of designated provisions and for contraventions of by-laws. A person who is not a member of the group and who enters or remains in a part of the sanctuary designated by Board notice in contravention of the terms of the notice faces a maximum penalty of 8 penalty units (s 30(3)). The by-laws may provide for maximum penalties up to 40 penalty units or, for continuing offences, up to 8 penalty units for each day during which the offence continues (s 35(7)).
Seizure, impounding and removal. By-laws may authorise seizure of fishing equipment, firearms, ammunition and traps reasonably suspected of being used in contravention of a by-law or plan (s 35(2)(f)). By-laws may also provide for the removal of vehicles, aircraft or vessels left in contravention or abandoned, and for impounding (s 35(2)(z)). Animals straying on the sanctuary may be impounded, removed, destroyed or disposed of under by-law powers (s 35(2)(ze)).
Expiation and alternative to prosecution. The Board’s by-laws can permit a person alleged to have contravened specified lesser offences, including littering, vehicle or vessel misuse, parking offences, mooring or aircraft landing offences, to pay a specified sum as an alternative to prosecution (s 35(2)(zb)). This allows an administrative enforcement option that avoids court proceedings.
Gatekeeping for prosecutions. A prosecution for an offence against a by-law cannot be commenced without written authority from the Board, its Chairman, or the Director of the Commission (s 35(9)). This restricts initiating prosecutions to executive decision-makers and centralises discretion over enforcement initiation.
Evidentiary provision. An averment in information or complaint that at a specified time a person was on the sanctuary or a particular part is prima facie evidence of that fact (s 35(8)). This evidentiary presumption assists prosecution of by-law offences.
Overriding Territory law on inconsistency. Where a by-law is inconsistent with an Act of the Territory, the Territory Act prevails and the by-law is invalid to the extent of inconsistency (s 36).
Board notices and on-ground exclusion. The Board may designate parts of the sanctuary as prohibited or restricted to non-group persons by notice displayed in the relevant part of the sanctuary (s 30(2)). A contravention attracts the specified penalty and is integrated into the plan when a plan of management is in force (s 30(4)).
Limitations on regulating group members. By-laws cannot regulate the use by a member of the group nor prohibit possession or use of customary equipment by group members acting in the exercise of their rights to use and occupy the sanctuary (s 35(3)). That protection constrains enforcement actions against group members for certain activities.
Commission and Board enforcement roles. The Commission executes control and management subject to Board directions (s 25(1)-(2)). The Director of the Commission may authorise prosecutions (s 35(9)). The Board can instruct the Land Trust and employ staff to enforce by-laws and management measures (s 26(2)(a), (c)).
Administrative penalties and fees. By-laws may authorise fees and charges for non-group persons entering, camping or using services (s 35(2)(u)). Such fees have an enforcement tail where non-payment can be regulated by by-law and often coupled with the ability to impound or remove property.

Enforcement under the Act therefore relies on a combination of administrative designations (Board notices and by-laws), criminal penalties, administrative expiation systems, seizure and impounding powers, and constrained prosecutorial gatekeeping. The Act ensures Territory law remains supreme on inconsistency questions, limits regulatory reach over group members’ customary activity, and centralises decision-making about enforcement actions within the Board and the Director of the Commission.

The Act is explicitly designed to operate alongside and in relation to Territory and Commonwealth legislation. It references other statutes and prescribes how conflicts are to be resolved.

Relationship to the Aboriginal Land Rights (Northern Territory) Act 1976 (Commonwealth). The Act expressly channels certain mining-related fees or compensation amounts paid to the Land Council to be dealt with as though they were royalty payments under the Aboriginal Land Rights (Northern Territory) Act 1976 (s 34(2)). That provision imports a treatment regime rather than directly extending the Commonwealth Act.
Interaction with Territory mining law. The Act operates "notwithstanding any other law of the Territory" in Part V (s 32). It simultaneously reserves to the Crown mineral rights in the deed (s 13(3)). Nevertheless, the Act imposes a substantive bar on exploration, recovery or processing of minerals on the sanctuary unless authorised in a plan with Board approval (s 33). For the marine park, the Board may provide advice to the Minister primarily responsible for the Mineral Titles Act 2010 and other Territory laws concerning marine exploration and recovery, and that advice must be passed on and considered accordingly (s 34A). Thus, the Act constrains mining activity via plan and Board approval while retaining statutory connection to Territory mining regimes through advisory roles and Crown reservations.
Lands Acquisition Act 1978. The Act preserves Crown power to acquire sanctuary land for public purposes but with procedural constraints. The Minister must consult the Board before commencing Lands Acquisition Act procedures and, if the Board requests, refer the acquisition to the Legislative Assembly for approval by specified majorities depending on whether a part of the area or an easement/right is proposed to be acquired (s 17(1)-(3)). The Act specifies that nothing in s 17 or the Lands Acquisition Act shall authorise acquisition for mining (s 17(4)).
Territory Parks and Wildlife Conservation Act 1976. Parts IV and VIII and several specified sections of that Act apply to the sanctuary as though the sanctuary were a park under that Act (s 37(1)). Regulations and by-laws made under the Territory Parks and Wildlife Conservation Act apply unless inconsistent with the plan of management or a by-law made under this Act (s 37(2)). However, the Act expressly bars the making of plans of management under the Territory Parks Act for the sanctuary and/or marine park (s 37(3)). This means the sanctuary is subject to park-related provisions but retains its own plan process and governance.
Financial Management Act 1995. The Board is treated for certain purposes as if it were a Government Business Division with respect to section 10 of the Financial Management Act 1995; the Board must prepare a report and nominate an Accountable Officer (s 38(3)-(4)). That imports financial reporting and audit obligations.
Land Title and Real Property legislation. The Act requires registration of the deed of grant with the Registrar-General (s 14). Endnotes record consequential amendments relating to land title procedures and the Land Title Act 2000, which were picked up in the reprint’s endnotes.
Penalties regime amendments. The Act’s penalty provisions interact with Territory penalty unit values which change by consequential amendments recorded in the endnotes, for example the Penalties Amendment (Miscellaneous) Act 2013 noted in the endnotes. The Act uses penalty units for monetary maxima (s 30(3); s 35(7)).
Supremacy and inconsistency. Where a by-law under this Act is inconsistent with a Territory Act, the Territory Act prevails and the by-law is invalid to the extent of the inconsistency (s 36). In practice this means that Territory statutory law will override the Board’s by-laws in any area of conflict.
Judicial interface. The Act builds in judicial roles in ways that interact with other legal processes. The Supreme Court has jurisdiction to decide membership disputes of the group (s 5(3)). The Chief Justice is given specific functions: to determine mining fee amounts where the Board and applicant cannot agree (s 34(3)) and to consider and make recommendations when a plan of management is disallowed by the Legislative Assembly twice (s 28(6)). These judicial roles create formal crossovers between administrative decision-making and the courts.

Overall, the Act preserves Crown mineral reservations, another Territory and Commonwealth statutory framework, and creates bespoke procedural overlays,Board approvals, Land Council consents, plan tabling and disallowance processes and judicial decision points,that must be navigated alongside the Territory’s land, parks and mining laws.

The reprint includes a history of amendments recorded in the endnotes. This section summarises the formal amendment steps displayed in the text and the particular sections affected.

Original enactment and commencement. The original statute was the Cobourg Peninsula Aboriginal Land and Sanctuary Act 1981, assent 20 July 1981, commenced 3 September 1981 (Endnotes, List of Legislation).
Statute Law Revision and formal amendments. Various Statute Law Revision Acts made formal and technical changes. The Statute Law Revision Act 1983 and 1987, and the Statute Law Revision Act 1998 made non-substantive changes noted in the endnotes.
1991 and 1995 consequential amendments. The Real Property (Consequential Amendments) Act 1991 and the Financial Management (Consequential Amendments) Act 1995 made consequential changes: s 14 was amended by the 1991 Act and later by the Land Title consequential amendments in 2000; s 38 was substituted to align with financial management regimes (Endnotes, List of Legislation; List of Amendments).
1995 Parks and Wildlife Commission changes. The Parks and Wildlife Commission (Consequential Amendments) Act 1995 amended s 3 and other provisions to reflect the Commission’s structure and functions in the Territory’s parks architecture (Endnotes).
1996 substantive amendments. The Cobourg Peninsula Aboriginal Land and Sanctuary Amendment Act 1996 (Act No. 3, 1996) made multiple substantive amendments to the Act. The endnotes list amendments to the long title, preamble, s 1, s 3, s 4, s 11, s 12, s 18, s 24, s 25, s 26, s 27, s 28, s 31 and s 34 and inserted s 34A. The 1996 Act also effected a renaming to add "Marine Park" into the Act’s short title and updated various governance provisions.
2000 Land Title amendments. The Land Title (Consequential Amendments) Act 2000 amended s 14 and s 39, reflecting the new Land Title Act 2000 regime and associated registers (Endnotes).
2010 Mineral Titles adjustments. The Mineral Titles (Consequential Amendments) Act 2010 inserted updates to s 3 and s 34A and adjusted references to the Mineral Titles Act 2010, with commencement noted in November 2011 (Endnotes).
2013 penalties amendment. The Penalties Amendment (Miscellaneous) Act 2013 amended s 30 and s 35 to adjust penalty unit references and related drafting (Endnotes).
Later formal amendments. The endnotes state that general amendments of a formal nature were made by the Interpretation Legislation Amendment Act 2018 to certain sections including s 1, s 3, s 17, s 34A, s 37, s 38, s 39 and s 41; these are recorded as formal drafting and administrative updates (Endnotes, Savings and Amendment references).
Section-specific insertions. Noteworthy insertions include s 34A (mining activities on the marine park and the Board’s advisory role to the Minister) inserted by the 1996 amending Act and further amended 2010 (Endnotes; s 34A). The Paspaley lease obligation in s 39 was amended in 2000 to align with the Land Title Act updates (Endnotes).
Endnote cross-references. The endnotes provide a list of key amending Acts, their assent and commencement dates, and list which sections they amended. The list of amendments documents the precise sections affected: e.g. s 27 amended by No. 3, 1996 (ss 11 and 16) and s 28 amended by No. 59, 1987 and No. 3, 1996 (Endnotes, List of Amendments).

The reprint reproduces the current text as of 28 August 2013 and includes endnotes summarising subsequent formal amendments up to the time of that reprint, with further formal amendments noted to have occurred by the 2018 Interpretation Legislation Amendment Act. Users should consult the legislative databases for any amendments after the last recorded update in the reprint when planning transactions or compliance activity.

The statutory text does not list reported cases. It does however create multiple judicial roles and dispute-resolution channels likely to generate litigation or judicial involvement. The Act’s text discloses the following judicial touchpoints and scopes for litigation and adjudication.

Supreme Court jurisdiction for membership disputes. Section 5(3) expressly gives the Supreme Court jurisdiction to make orders and declarations concerning an Aboriginal’s membership of the group when that is disputed with the Land Council. This is an express private-law channel for contesting statutory determinations made by the Land Council under s 5(2). Membership disputes have potential consequences for use and occupation rights and for appointments to the Land Trust and Board.
Chief Justice role in mining fee disputes. Section 34(3) provides that where the Board and an applicant or holder of a mining interest cannot agree on the fee to be paid for the right to carry on exploration or recovery, the question shall be referred to the Chief Justice to determine the amount. That determination is binding; upon determination the parties are deemed to have agreed to the payment. This creates a high-level judicial remediation mechanism to resolve unavoidable bargaining deadlocks on monetised access to mineral resources.
Chief Justice consideration on repeated plan disallowance. Where the Legislative Assembly disallows a plan of management and the Board forwards either a fresh plan or the same plan and the Assembly again disallows it, the Minister must forward it to the Chief Justice who shall consider it and make recommendations to the Minister and Board on ways to resolve the differences and suggested amendments. The Chief Justice may inform himself in any manner he thinks fit (s 28(6)-(7)). This creates an institutionalised judicially-led mediation or advisory role to resolve a deadlock between the Assembly and the Board.
Chief Justice in lease disputes for Paspaley site. Section 39(2) authorises the Chief Justice to determine identity, area, boundaries and terms for the mandatory Paspaley lease in the event of failure of agreement between the Land Trust and the company within six months of commencement. Once the Chief Justice determines those matters, the lease is deemed to have been executed and takes effect accordingly. This is another adjudicative function vested in the Chief Justice with substantive property effect.
Enforcement litigation from by-laws. The Act grants by-laws enforcement power and sets evidentiary presumptions that facilitate prosecutions (s 35(8)), while requiring prosecutions to have written authority (s 35(9)). Actual prosecutions and challenges to by-law validity on grounds of inconsistency with Territory law would come before Territory courts. The Act expressly renders inconsistent by-laws invalid to the extent of inconsistency (s 36), creating opportunities for judicial review of by-laws.
Acquisition and administrative oversight. If the Minister seeks to acquire part of the sanctuary under the Lands Acquisition Act, the Act (s 17) limits procedures and may require Legislative Assembly approval in specified majorities, at the Board’s request. Disputes over acquisition or compensation could engage administrative law review, though the Act itself sets procedural constraints.
Areas likely to produce litigation. The statutory architecture creates litigation risk in at least these areas: group membership and Land Trust appointments (s 5); disputes over fees for mining access (s 34); disputes over plans of management that trigger Legislative Assembly disallowance and Chief Justice intervention (s 27-28); disputes about the Paspaley lease and its boundaries and terms (s 39); and enforcement or validity of by-laws (ss 35-36). The Act deliberately assigns judicial roles to the Supreme Court and to the Chief Justice, providing express statutory routes for adjudication rather than leaving all disputes to administrative review.
Absent case law in text. The reprint does not include reported cases or litigation summaries. The statutory framework, however, anticipates judicial involvement and provides extensive mechanisms that channel disputes to senior judicial decision-makers. Practitioners should expect court and Chief Justice involvement to arise from contested membership, fee determinations for mining, plan disallowances and statutorily-ended lease negotiations. Any contemporary litigation history must be sourced from court records and legal databases beyond the Act text.

This Act contains several drafting and institutional features that can create practical traps if not recognised in transactional, compliance or operational planning. These are concrete mechanics drawn from the statutory text.

Land Trust actions constrained by the Board. The Land Trust holds legal title in perpetuity but may "not perform its functions except in accordance with a direction given to it by the Board" and, where directed, "shall take action in accordance with the direction" (s 7(6)-(7)). That makes the Land Trust an institutionally passive holding vehicle whose ability to act is circumscribed. Parties who assume the Land Trust can independently negotiate or decide may be mistaken.
Land Council’s central role and potential for membership disputes. The Land Council decides who are members of the group after due inquiry and consultation (s 5(2)). The Supreme Court only becomes involved if an Aboriginal challenges that decision (s 5(3)). This places significant practical power in the Land Council to determine entitlement to use and occupation, an outcome that may affect appointments, access rights and distributions. The "majority of traditional Aboriginal owners" consent requirement in s 4 for many actions creates an internal political threshold which can stall decisions.
Board appointment and Ministerial role. The Minister appoints all eight Board members, although four must be from the group and nominated by the Land Council (s 19(1)). This duality means the Minister has effective appointment power but must accept Land Council nominations for half the membership. For strategic planning, note that the Minister convenes the initial election for Chair and appoints a presiding person for that meeting (s 22(1)-(2)). Those appointment mechanics shape the Board’s composition and power dynamics.
Mining reservation to the Crown plus Board approval. The deed expressly reserves to the Crown the right to minerals (s 13(3)) but the Act simultaneously forbids mining operations without Board approval and plan inclusion (s 33). The coexistence of a Crown reservation with a statutory bar creates a two-layer system: Crown ownership of minerals, but operational permission and regulatory conditions set by the Board via the plan. Applicants must negotiate fee arrangements with the Board/Land Council despite the Crown’s reservation. Misunderstanding this layered control is a common transactional pitfall.
Chief Justice determinations with binding effect. The Act gives the Chief Justice decisive roles in fee determinations for mining deadlocks (s 34(3)), in resolving lease boundary and term disputes for the Paspaley lease (s 39(2)), and in making recommendations after repeated plan disallowance (s 28(6)). Parties used to commercial arbitration or administrative bargaining must account for the fact the Chief Justice’s determinations either bind parties or produce recommendations that the Minister must table. The judicial determinations are not standard administrative review procedures.
Limited public access exceptions and mandatory access points. While the public may generally enter the sanctuary, the Board can designate areas as prohibited or restricted by notice (s 30(2)). Plans must preserve access for fishermen to specified bays and for airstrips at certain locations (s 30(5)). Operators cannot assume blanket public access; they must check the current plan and Board notices.
By-law scope and Territory law precedence. By-laws can be broad (s 35(2)) and may impose fees, grant seizure powers, and authorise expiation schemes. But if a by-law conflicts with a Territory Act it is invalid to that extent (s 36). This requires a two-step compliance check: ensure by-laws are followed and confirm they are not inconsistent with Territory law.
Prosecution gatekeeping. Prosecutions under by-laws require written authority from the Board, its Chairman, or the Director of the Commission (s 35(9)). That concentrates the power to prosecute and may delay enforcement action or result in selective enforcement. For third parties seeking redress, this gatekeeper requirement is material.
Annual payment indexing with Chief Justice fallback. The Territory’s $20,000 annual park fee is indexed for later years by reference to Darwin average weekly wage statistics, but where those statistics are not published the Chief Justice, after consultation with the Statistician, determines an appropriate percentage (s 15(4)(b)). It is unusual to vest such an indexation fallback in the Chief Justice and parties should note the judicial fallback rather than administrative determination.
Paspaley lease mandatory and subject to Chief Justice fallback. The Land Trust is required to grant Paspaley a lease unless the parties agree on identity, area, boundaries and terms within six months; failing agreement, the Chief Justice determines those matters and the lease is deemed executed (s 39(1)-(2)). This limits bargaining leverage for the Land Trust and may lead to hard judicial fixes.
Acquisition constraints for mining. The Act clarifies that the Lands Acquisition Act procedures cannot be used to acquire sanctuary land for mining (s 17(4)). Actors thinking to use acquisition as a route to exploit minerals will find the statute expressly bars that route.
Marine park plan consent exception. The Land Council’s written consent requirement for plans does not apply to a plan of management for the marine park (s 28(1A)). This difference can have material effects on how marine versus terrestrial proposals are processed and on stakeholders’ leverage in marine matters.

Recognising these statutory mechanisms early is critical to strategy. The Act intentionally mixes administrative, custodial and judicial devices; misunderstanding which body holds which power, or which judicial route applies, produces practical and legal surprises.

This section maps clear procedural steps, statutory checklists and practical compliance actions for the main regulated actors: the Land Council, Land Trust, Board, Commission, mining applicants and private operators.

For the Land Council
- Determine group membership with due inquiry and consultation as required by s 5(2). Record the process and prepare to defend membership decisions in the Supreme Court if challenged under s 5(3).
- When the Board forwards a plan of management, provide written consent or refusal within 90 days under s 27(6)-(7). If refusing, provide written reasons and any comments; the Board must consider those reasons and either amend or forward the plan with the Land Council’s reasons (s 27(7)-(8)).
- Receive and disburse the Territory’s annual payment under s 15(1) and ensure payment to or for the benefit of the group after due inquiry (s 15(2)-(3)). Ensure accounting and recordkeeping consistent with distributions and with any audit regime referenced by the Financial Management Act integration (s 38).
- For mining fee negotiations, engage with the Board and applicants to agree fees. If no agreement is reached, prepare materials for referral to the Chief Justice under s 34(3) to determine the equivalent fee; treat such determinations as binding.
For the Land Trust
- Accept the deed of grant from the Administrator and forward the duplicate to the Registrar-General for registration as required (s 13(1); s 14).
- Appoint and maintain the common seal, follow required authorisation steps for its use (s 7(3)-(5)).
- Recognise that the Land Trust must act only in accordance with directions of the Board (s 7(6)-(7)). Ensure internal governance documents reflect that direction-based operational role.
- If required by s 39, negotiate the Paspaley lease in good faith and, if unable to agree within six months, prepare to receive the Chief Justice’s determination which will be final for identity, area and terms.
For the Board
- Establish Board membership consistent with s 19: eight members appointed by the Minister, four of whom are to be nominees from the Land Council. Ensure appointments are published in the Gazette as soon as practicable (s 19(2)).
- Elect a Chair and Deputy Chair per the requirements in s 22, with elected Chair to be one of the Land Council-nominated members (s 22(3)-(6)).
- Prepare plans of management as soon as practicable (s 27(1)). Ensure plans include detailed descriptions of proposed buildings, structures and any proposed mineral exploration, excavation or works, together with conditions for those activities (s 27(2)-(3)).
- Forward plans to the Land Council for written consent not to be unreasonably withheld, and incorporate any required changes following Land Council comments (s 27(6)-(8)).
- If a plan is to be tabled, ensure the Minister receives the plan for tabling in the Legislative Assembly and be prepared for the five sitting day disallowance window (s 27(9); s 28(2)-(3)). Have a procedure to respond if the Assembly disallows a plan, including referral to prepare a fresh plan or to seek Chief Justice involvement if repeated disallowance occurs (s 28(5)-(6)).
- When considering mining proposals, require applicants to negotiate fees with the Land Council and only approve mining in a plan when an agreement on fees exists or when the Chief Justice has fixed the fee (s 34(1)-(3)). Ensure any agreed fees are properly documented and payable to the Land Council as though royalties under the Aboriginal Land Rights Act (s 34(2)).
- Use by-law-making powers carefully, consulting legal advice to avoid inconsistency with Territory Acts (s 35(1); s 36). Use by-laws to set fees for non-group users and to establish expiation schemes where appropriate (s 35(2)(u); s 35(2)(zb)).
- Centralise enforcement authorisations: prosecutions for by-law offences must be authorised in writing by the Board, its Chair or the Director of the Commission (s 35(9)). Maintain written delegations and logs of enforcement decisions.
- Ensure reporting obligations are met: prepare annual reports and financial statements and forward them to the Minister within six months after the financial year end, consistent with s 38(1)-(3).
For the Commission
- Prepare plans and manage the sanctuary under Board direction (s 25(1)-(2)). Establish processes to record Board resolutions and to ensure Commission actions align with those directions.
- The Director may authorise prosecutions under by-laws (s 35(9)); ensure legal compliance before authorisation.
- Nominate an employee as Accountable Officer for the purposes of the Financial Management Act responsibilities under s 38(4), and cooperate with the Board on audit and reporting.
For mining applicants and holders
- Do not expect to obtain a mining interest or conduct exploration or recovery activities on the sanctuary without prior written approval of the Board and suitable provision in a plan of management (s 33).
- Negotiate fees or compensation with the Board and the Land Council. Document agreements to make payments to the Land Council; these will be treated as royalty-like payments under s 34(2).
- If fee negotiations fail, be prepared to have the fee referred to the Chief Justice for determination under s 34(3). Gather and present commercial, environmental and community impact evidence for that determination.
- For marine-park activities, engage with the Board’s advisory process under s 34A and with the Minister responsible for mineral titles; ensure compliance with the Mineral Titles Act 2010 and other relevant Territory laws.
For the public, operators, tourism and commercial enterprises
- Check the current plan of management and any Board notices before accessing particular parts of the sanctuary; certain areas may be designated as restricted or prohibited (s 30(2)-(3)).
- For activities regulated by by-laws (fishing, vehicles, mooring, landing, camping, commercial trade), obtain any required permits and pay applicable fees; be prepared for expiation options in lieu of prosecution where by-laws permit (s 35(2)(zb)).
- Understand that group members retain customary rights and cannot be regulated by by-laws in a way that prevents them exercising those traditional rights (s 35(3)).
For the Minister and Territory agencies
- Ensure the $20,000 initial payment and subsequent indexed payments are made in accordance with s 15, including indexation by reference to Darwin average weekly wages or Chief Justice-determined fallback percentages (s 15(4)).
- Consult the Board before commencing acquisition procedures under the Lands Acquisition Act (s 17(2)). If the Board requests referral, obtain the requisite Legislative Assembly approvals for acquisitions as per s 17(3).

Compliance is an exercise in coordinated governance. The Land Council, Board, Commission and Land Trust must have clear internal processes for consultation, documentation and record-keeping. External actors must align applications, agreements and operations with Board-approved plans and by-laws and be prepared for statutory judicial routes should negotiations deadlock.

Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981

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Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981

Source text: opening excerpt

1 Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981

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How it interacts with other laws

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