This Subdivision provides for Boards for Commonwealth reserves that consist of, or include, indigenous people’s land held under lease by the Director.
376 Functions of a Board for a Commonwealth reserve
(1) The functions of a Board established for a Commonwealth reserve are:
(a) to make decisions relating to the management of the reserve that are consistent with the management plan in operation for the reserve; and
(aa) if a management plan for the reserve has ceased to be in operation, and no further management plan for the reserve has yet come into operation—to make decisions relating to the management of the reserve that are consistent with the most recent management plan that was in operation for the reserve; and
(b) in conjunction with the Director, to:
(i) prepare management plans for the reserve; and
(ii) monitor the management of the reserve; and
(iii) advise the Minister on all aspects of the future development of the reserve.
Note: A Board must prepare management plans for a reserve in conjunction with the Director, to try to ensure that a plan for the reserve is in operation as soon as practicable after the Board is established, and at all times after a plan first takes effect after the Board’s establishment. See subsection 366(3).
(2) When performing its functions, a Board must comply with a direction given by the Minister to the Board under:
(a) section 364 (Resolving disagreement between Director and Board over implementation of plan); or
(b) section 369 (Resolving disagreements between Director and Board in planning process).
377 Minister must establish Board if land council or traditional owners agree
(1) The Minister must establish a Board for a specified Commonwealth reserve by notice published in the Gazette and in the way (if any) prescribed by the regulations if he or she agrees on the matters set out in subsection (2) with:
(a) the land council for the indigenous people’s land in the reserve that the Director holds under lease; or
(b) if there is not such a land council—the traditional owners of the indigenous people’s land in the reserve that the Director holds under lease.
(2) The matters to be agreed on are:
(a) that a Board should be established for the reserve; and
(b) the name of the Board; and
(c) the number of positions of member of the Board; and
(d) the qualifications for appointment to each position of member of the Board.
(3) The notice must specify each of the matters described in paragraphs (2)(b), (c) and (d).
Note: The notice may specify different qualifications for different positions. See subsection 33(3A) of the Acts Interpretation Act 1901.
(4) If the reserve consists wholly or mostly of indigenous people’s land held by the Director under lease, a majority of the members of the Board must be indigenous persons nominated by the traditional owners of the indigenous people’s land.
(5) If the reserve is in a State or self‑governing Territory, at least one member of the Board must be a person nominated by the State or Territory.
Note: By agreement between the Minister and the land council or traditional owners, more than one member of a Board may be a person nominated by the State or Territory.
378 Altering the constitution of a Board or abolishing a Board
Revoking and amending notice establishing Board
(1) The Minister may, by notice in the Gazette:
(a) revoke a notice under section 377 relating to the Board for the reserve; or
(b) amend a notice under section 377 relating to the Board for the reserve so as to:
(i) change the specification of the name by which the Board is to be known; or
(ii) increase the number of members of the Board and specify the qualifications for appointment to each of the extra positions of member; or
(iii) decrease the number of positions of member of the Board and specify which positions are abolished; or
(iv) change the qualifications for appointment to a position of member of the Board.
Note: The Minister may exercise the power of amendment from time to time. See subsection 33(1) of the Acts Interpretation Act 1901.
Limits on changing composition of Board
(2) Paragraph (1)(b) has effect subject to subsections 377(4) and (5).
Note 1: Subsection 377(4) requires a majority of the members of the Board of a Commonwealth reserve consisting wholly or mostly of indigenous people’s land held by the Director under lease to be indigenous persons nominated by the traditional owners of the land.
Note 2: Subsection 377(5) requires at least one member of a Board for a reserve in a State or self‑governing Territory to be a nominee of the State or Territory.
Prerequisite to revoking or amending notice
(3) The Minister may revoke or amend a notice under section 377 relating to a Commonwealth reserve only if the Minister agrees on the revocation or amendment with:
(a) the land council for indigenous people’s land in the reserve, if the Board for the reserve was established with the agreement of the land council; or
(b) the traditional owners of indigenous people’s land in the reserve, if the Board for the reserve was established with the agreement of the traditional owners.
Board’s identity not affected by name change
(4) If the Minister amends a notice published under section 377 so as to alter a Board’s name or constitution, section 25B of the Acts Interpretation Act 1901 applies in relation to the alteration as if it had been made by an Act.
Note: This ensures that the Board’s identity and functions are not affected by the alteration, and that certain references to the Board under its old name are treated as references to the Board under its new name.
379 Appointment of Board members
Appointment of persons
(1) The Minister may, in writing, appoint a person on a part‑time basis to a position of member of a Board if:
(a) the person is qualified for appointment to the position; and
(b) the Minister is satisfied that the person is a fit and proper person to be a member of the Board (see section 379A).
Note: Subsection (1) is subject to section 390A, which deals with the appointment of a Northern Territory nominee as a member of the Board for a Commonwealth reserve consisting wholly or mostly of indigenous people’s land held by the Director under lease in the Territory.
Replacement appointments
(2) As soon as practicable after a position of member of a Board becomes vacant, the Minister must appoint a person to the position under subsection (1).
Validity of appointments
(3) A deficiency or irregularity relating to the nomination, selection or appointment of a member of a Board does not invalidate the member’s appointment.
379A Fit and proper person
In determining for the purposes of this Subdivision whether a person is a fit and proper person to be a member of a Board, the Minister may have regard to the matters specified in regulations made for the purposes of this section. The Minister may also have regard to any other matter the Minister considers appropriate.
Note: The question whether a person is a fit and proper person is relevant to subsection 379(1) (which is about appointments to Boards), and subsection 382(1A) (which is about termination of appointments).
380 Terms and conditions
Term of office
(1) A member of a Board holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: Section 382 sets out the circumstances in which a member’s appointment may be (or must be) terminated.
Avoiding doubt—future terms of office
(1A) To avoid doubt, subsection (1) does not prevent a person from being appointed as a member of a Board again. This subsection does not affect the operation of section 33AA of the Acts Interpretation Act 1901 in relation to this Act.
Resignation
(2) A member of a Board may resign his or her appointment by giving the Minister a written resignation.
Other terms and conditions
(3) A member of a Board holds office on the terms and conditions (if any) that are determined by the Minister in relation to matters not covered by this Act or the regulations.
381 Remuneration
(1) A member of a Board is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.
(2) A member of a Board is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
382 Termination of appointments of Board members
Termination when person stops being qualified for appointment
(1) The appointment of a person to a position of member of a Board is terminated when the person ceases to be qualified for appointment to the position.
Termination if person is not fit and proper
(1A) The Minister must terminate the appointment of a member of a Board if the Minister is satisfied that the member is not a fit and proper person to be a member of the Board. For this purpose, in having regard to matters as mentioned in section 379A, the Minister may consider things that happened either before or after the member’s appointment.
Termination for misbehaviour or incapacity
(2) The Minister may terminate the appointment of a member of a Board for misbehaviour or physical or mental incapacity.
Termination for failure to attend Board meetings
(3) The Minister may terminate the appointment of a member of a Board if the member is absent, except on leave of absence, from 3 consecutive meetings of the Board of which the member has had notice.
Termination for engaging in conflicting work
(4) The Minister may terminate the appointment of a member of a Board if the member engages in paid employment that, in the Minister’s opinion, conflicts or could conflict with the proper performance of the duties of the member.
Termination for conduct inimical to Board
(4A) The Minister may terminate the appointment of a member of a Board for a reserve if the Minister is satisfied that the person has acted in a way that is not in the interest of the Board as a whole. However, the Minister may not terminate under this subsection the appointment of a member nominated by traditional owners of indigenous people’s land in the reserve.
Termination for failure to disclose interests
(5) The Minister must terminate the appointment of a member of a Board if:
(a) the member does not comply with any requirements prescribed by the regulations to disclose an interest the member has in a matter being considered or about to be considered by the Board; and
(b) the member does not have a reasonable excuse for not complying.
Termination on request by nominator
(6) The Minister must terminate the appointment of a member of a Board if:
(a) the member was appointed on the nomination of a particular person, body or group of persons; and
(b) the person, body or group gives the Minister a written request to terminate the appointment.
Termination for bankruptcy or insolvency
(7) The Minister may terminate the appointment of a member of the Board if the member:
(a) becomes bankrupt; or
(b) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(c) compounds with his or her creditors; or
(d) makes an assignment of his or her remuneration for the benefit of his or her creditors.
383 Procedure of a Board
(1) The regulations may provide for:
(a) matters relating to the operation of a Board, including:
(i) procedures for convening meetings of the Board; and
(ii) procedures for determining who is to preside at a meeting of the Board; and
(iii) determining who may attend a meeting of the Board; and
(iv) the constitution of a quorum for a meeting of the Board; and
(v) procedures relating to a member’s interest in matters being dealt with by the Board; and
(vi) the way in which matters are to be resolved by the Board; and
(b) the appointment and rights of a deputy of a member of a Board.
(2) The regulations may allow a Board to determine a matter relating to the operation of the Board for which the regulations may provide.
(3) If there are no regulations in force, a Board may operate in the way it determines.
(4) A meeting of a Board for a Commonwealth reserve consisting wholly of indigenous people’s land:
(a) must not start; and
(b) must not continue;
unless the majority of the members of the Board present are persons nominated by the traditional owners of the indigenous people’s land for appointment as members.
(5) Subsection (4) has effect despite subsections (1), (2) and (3).
Subdivision G—Special rules for some Commonwealth reserves in the Northern Territory or Jervis Bay Territory
384 Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision:
Special rules apply to Commonwealth reserves in the Kakadu region, Uluru region and Jervis Bay Territory, affecting the activities that can be carried on in those reserves.
Special procedures apply to planning for management of reserves in the Kakadu region, Uluru region and Jervis Bay Territory. These provide for extra involvement of indigenous people in the planning process.
385 Activities in Commonwealth reserve without management plan
When a management plan is not in operation for a particular Commonwealth reserve wholly or partly in the Kakadu region, Uluru region or Jervis Bay Territory, the Director may perform the Director’s functions and exercise the Director’s powers in and in relation to a part of the reserve in the region, subject to any directions of the Minister.
386 What are the Kakadu region and the Uluru region?
(1) The Kakadu region is the part of the Alligator Rivers Region (as defined in the Environment Protection (Alligator Rivers Region) Act 1978) that excludes:
(a) the area shown as the Arnhem Land Aboriginal Reserve on the map mentioned in that definition; and
(b) the areas that are pastoral leases and are described on that map as Mount Bundey and Eva Valley.
(2) The Uluru region is the area of land described under the heading “Uluru” in Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976.
387 No mining operations in Kakadu National Park
(1) A person must not carry out mining operations in Kakadu National Park.
(2) Subsection (1) does not prevent:
(a) the use, development or reconstruction of the township known as Jabiru; or
(b) the transportation of anything in Kakadu National Park along routes (including air routes) prescribed by the regulations for the purposes of this paragraph; or
(c) the construction and use of pipelines and power lines in Kakadu National Park along routes prescribed by the regulations for the purposes of this paragraph; or
(d) the doing of anything for the purposes of building or construction, or the supply of water, in Kakadu National Park as long as the purposes are not connected with, or incidental to, mining operations; and
(e) prescribed activities carried on in Kakadu National Park in connection with, or incidental to, mining operations carried on outside Kakadu National Park.
(3) Kakadu National Park is the Commonwealth reserve (as it exists from time to time) to which the name Kakadu National Park was given by Proclamation continued in force by the Environmental Reform (Consequential Provisions) Act 1999.
388 Establishment and development of townships in the Kakadu region and Uluru region
(1) A person may use or develop a township in a part of a Commonwealth reserve, but only if:
(a) the part is in the Kakadu region or the Uluru region; and
(b) the person does so in accordance with:
(i) subsection (2); and
(ii) the management plan for the reserve; and
(iii) a town plan prepared and approved in accordance with the regulations.
(2) A person (other than the Director) may use or develop a township only on land that the person holds under lease or sub‑lease from:
(a) the Commonwealth; or
(b) the Director; or
(c) the Kakadu Aboriginal Land Trust (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976); or
(d) the Northern Territory; or
(e) an approved entity (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976).
389 Planning for townships
Management plan provisions
(1) The provisions of a management plan for a Commonwealth reserve that relate to a township must include provisions for and in relation to the use and development of the township.
Town plan provisions
(2) A town plan must make detailed provision in relation to the use and development of the township, including, in particular, the provision (if any) to be made for any matters that are specified for the purposes of this subsection by:
(a) the management plan for the Commonwealth reserve containing the township; or
(b) the regulations.
Town plans may adopt, apply or incorporate other instruments
(3) For the purposes of subsection (2), a town plan may apply, adopt or incorporate, with or without modification:
(a) the provisions of any law of the Northern Territory (or a part of the Territory), as in force at a specified time or as in force from time to time; or
(b) any matter contained in any instrument or writing as in force or existing at a specified time.
Revocation and variation of town plans
(5) A town plan may be revoked or amended in the manner provided by the regulations.
Note: Town plans are to be prepared and approved in accordance with the regulations. See subparagraph 388(1)(b)(iii).
390 Special rules to protect Aboriginal interests in planning process
(1) This section sets out some extra rules about the process of preparing management plans for a Commonwealth reserve wholly or partly within the Kakadu region, the Uluru region or Jervis Bay Territory.