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
Section 1 - Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 - Cobourg Peninsula Aboriginal Land, Sanctuary and Marine Park Act 1981 | Zoe
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