NPWC Act means the National Parks and Wildlife Conservation Act 1975 and the Regulations under that Act
NT means the Northern Territory of Australia
NTFRS means the Northern Territory Fire and Rescue Service
OHS means occupational health and safety
OSS means the Office of the Supervising Scientist
Parks Australia means that part of the Department of the Environment and Heritage that assists the Director in performing the Director’s functions under the EPBC Act
RUEI means the Ranger Uranium Environmental Inquiry
Traditional owners means the traditional Aboriginal owners as defined in the Land Rights Act
World Heritage Convention means the Convention for the Protection of the World Cultural and Natural Heritage.
2.4 Legislative context
2.4.1 Land Rights Act and Park leases
At the time of preparation of this Management Plan approximately 50 per cent of Kakadu National Park is Aboriginal land under the Land Rights Act. Most of the remaining area of land is under claim by Aboriginal people. Title to Aboriginal land in the Park is held by Aboriginal land trusts. The land trusts have leased their land to the Director in accordance with the Land Rights Act for the purpose of being managed as a Commonwealth reserve. Land in the Park that is not Aboriginal land is vested in the Director.
2.4.2 EPBC Act
Objects of the Act
The objects of the EPBC Act as set out in Part 1 are:
(a) to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance; and
(b) to promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources; and
(c) to promote the conservation of biodiversity; and
(ca) to provide for the protection and conservation of heritage; and
(d) to promote a co-operate approach to the protection and management of the environment involving governments, the community, land-holders and indigenous peoples; and
(e) to assist in the co-operative implementation of Australia’s international environmental responsibilities; and
(f) to recognise the role of indigenous people in the conservation and ecologically sustainable use of Australia’s biodiversity; and
(g) to promote the use of indigenous people’s knowledge of biodiversity with the involvement of, and in cooperation with, the owners of the knowledge.
Establishment of the Park
Part MoU means Memorandum of Understanding - Kakadu National Park Management Plan 2007-2014 - MoU means Memorandum of Understanding | Zoe
The Park was declared under the NPWC Act progressively between 1979 and 1991. Stage One of the Park was established in 1979, Stage Two in 1984, and Stage Three between 1987 and 1991. The NPWC Act was replaced by the EPBC Act in July 2000. The Park continues as a Commonwealth reserve under the EPBC Act pursuant to the Environmental Reform (Consequential Provisions) Act 1999, which deems the Park to have been declared for the following purposes:
the preservation of the area in its natural condition
the encouragement and regulation of the appropriate use, appreciation and enjoyment of the area by the public.
Director of National Parks
The Director is a corporation under the EPBC Act (s.514A) and a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997. The corporation is controlled by the person appointed by the Governor-General to the office that is also called the Director of National Parks (s.514F of the EPBC Act).
The functions of the Director (s.514B) include the administration, management and control of the Park. The Director generally has power to do all things necessary or convenient for performing the Director’s functions (s.514C). The Director has a number of specified powers under the EPBC Act and EPBC Regulations, including to prohibit or control some activities, and to issue permits for activities that are otherwise prohibited. The Director performs functions and exercises powers in accordance with this Management Plan and relevant decisions of the Kakadu Board of Management.
Kakadu Board of Management
The Kakadu Board of Management was established under the NPWC Act in 1989 and continues under the EPBC Act. A majority of Board members must be Indigenous persons nominated by the traditional Aboriginal owners of land in the Park. The functions of the Board under s.376 of the EPBC Act are:
- to make decisions relating to the management of the Park that are consistent with the Management Plan in operation for the Park; and
- in conjunction with the Director, to:
- prepare management plans for the Park; and
- monitor the management of the Park; and
- advise the Minister on all aspects of the future development of the Park.
Management plans
The EPBC Act requires the Board, in conjunction with the Director, to prepare management plans for the Park. When prepared, a plan is given to the Minister for approval. A management plan is a ‘legislative instrument’ for the purposes of the Legislative Instruments Act 2003 and must be registered under that Act. Following registration the plan is tabled in each House of the Commonwealth Parliament and may be disallowed by either House on a motion moved within 15 sitting days of the House after tabling.
A management plan for a Commonwealth reserve has effect for seven years, subject to being revoked or amended earlier by another management plan for the reserve.
See Section 2.5 in relation to EPBC Act requirements for a management plan.
Control of actions in Commonwealth reserves
The EPBC Act (s.354) prohibits certain actions being taken in Commonwealth reserves except in accordance with a management plan. These actions are:
kill, injure, take, trade, keep or move a member of a native species; or
damage heritage; or
carry on an excavation; or
erect a building or other structure; or
carry out works; or
take an action for commercial purposes.
These prohibitions, and other provisions of the EPBC Act and Regulations dealing with activities in Commonwealth reserves, do not prevent Aboriginal people from continuing their traditional use of Kakadu for hunting or gathering (except for purposes of sale) or for ceremonial and religious purposes (s.359A).
The EPBC Act also does not affect the operation of s.211 of the Native Title Act 1993, which provides that holders of native title rights covering certain activities do not need authorisation required by other laws to engage in those activities (s.8 EPBC Act).
Mining operations are prohibited in Kakadu National Park by the EPBC Act (s.387).
The EPBC Regulations control, or allow the Director to control, a range of activities in Commonwealth reserves, such as camping, use of vehicles and vessels, littering, commercial activities, commercial fishing, recreational fishing and research. The Director of National Parks applies the Regulations subject to and in accordance with the EPBC Act and management plans. The Regulations do not apply to the Director of National Parks or to wardens or rangers appointed under the EPBC Act. Activities that are prohibited or restricted by the EPBC Regulations may be carried on if they are authorised by a permit issued by the Director and/or they are carried on in accordance with a management plan or if another exception prescribed by r.12.06(1) of the Regulations applies.
As noted earlier, the Park was declared under the NPWC Act, which was replaced by the EPBC Act on 16 July 2000. The EPBC Act also replaced a number of other Commonwealth Acts, namely the:
Australian Heritage Commission Act 1975;
Endangered Species Protection Act 1992
Environment Protection (Impact of Proposals) Act 1974
Whale Protection Act 1980
Wildlife Protection (Regulation of Exports and Imports) Act 1982
World Heritage Properties Conservation Act 1983.
These other parts of the EPBC Act may also be relevant to the management of the Park and the taking of actions in, and in relation to, the Park.
Environmental impact assessment
Actions that are likely to have a significant impact on matters of ‘national environmental significance’ are subject to the referral, assessment and approval provisions of Chapters 2 to 4 of the EPBC Act (irrespective of where the action is taken).
At the time of preparing this Plan, the matters of national environmental significance identified in the EPBC Act are:
World Heritage properties
National Heritage places
Ramsar wetlands of international importance
nationally listed threatened species and ecological communities
listed migratory species
Commonwealth marine areas
nuclear actions (including uranium mining).
The referral, assessment and approval provisions also apply to actions on Commonwealth land that are likely to have a significant impact on the environment and actions taken outside Commonwealth land that are likely to have a significant impact on the environment on Commonwealth land. The Park is Commonwealth land for the purposes of the EPBC Act.
Responsibility for compliance with the assessment and approvals provisions of the EPBC Act lies with persons taking relevant ‘controlled’ actions. A person proposing to take an action that the person thinks may be or is a controlled action should refer the proposal to the Minister for the Minister’s decision whether or not the action is a controlled action. The Director of National Parks may also refer proposed actions to the Minister.
Wildlife protection
The EPBC Act also contains provisions (Part 13) that prohibit and regulate actions in relation to listed threatened species and ecological communities, listed migratory species, cetaceans (whales and dolphins) and listed marine species. Appendix D to this Plan lists species in the Park that are threatened under the EPBC Act and Northern Territory legislation, and Appendix E lists migratory species that are listed under the EPBC Act and international conventions, treaties and agreements.
Heritage protection
As noted above the EPBC Act has replaced the Australian Heritage Commission Act 1975. The Alligator Rivers region, Kakadu and some places within the Park were included in the Register of the National Estate established under that Act. The register continues under the Australian Heritage Council Act 2003. Section 391A of the EPBC Act requires the Minister to have regard to information in the Register of the National Estate in making any decisions under the EPBC Act to which the information is relevant.
At the time of preparing this Plan, Kakadu and some sites in the Park that are in the Register of the National Estate are ‘indicative places’ for the purposes of potential inclusion in either the National Heritage List or Commonwealth Heritage List under the EPBC Act.
The EPBC Act heritage protection provisions (ss. 324A to 324ZC and ss. 341A to 341ZH) relevantly provide:
for establishment and maintenance of a National Heritage List and a Commonwealth Heritage List, criteria and values for inclusion of places in either list and management principles for places that are included in the two lists
that Commonwealth agencies must not take an action that is likely to have an adverse impact on the heritage values of a place included in either list unless there is no feasible and prudent alternative to taking the action, and all measures that can reasonably be taken to mitigate the impact of the action on those values are taken; and
that Commonwealth agencies that own or control places must:
- prepare a written heritage strategy for managing those places to protect and conserve their Commonwealth Heritage values, addressing any matters required by the EPBC Regulations, and not be inconsistent with the Commonwealth Heritage management principles; and
- identify Commonwealth Heritage values for each place, and produce a register that sets out the Commonwealth Heritage values (if any) for each place (and do so within the time frame set out in its heritage strategy).
Penalties
Civil and criminal penalties may be imposed for breaches of the EPBC Act.
2.5 Purpose, content and matters to be taken into account in a management plan
The purpose of this Management Plan is to describe the philosophy and direction of management for the Park for the next seven years in accordance with the EPBC Act. The Plan enables management to proceed in an orderly way; it helps reconcile competing interests and identifies priorities for the allocation of available resources.
Under s.367(1) of the EPBC Act, a management plan for a Commonwealth reserve (in this case, the Park) must provide for the protection and conservation of the reserve. In particular, the Plan must:
(a) assign the reserve to an IUCN protected area category (whether or not a Proclamation has assigned the reserve or a zone of the reserve to that IUCN category); and
(b) state how the reserve, or each zone of the reserve, is to be managed; and
(c) state how the natural features of the reserve, or of each zone of the reserve, are to be protected and conserved; and
(d) if the Director holds land or seabed included in the reserve under lease—be consistent with the Director’s obligations under the lease; and
(e) specify any limitation or prohibition on the exercise of a power, or performance of a function, under the EPBC Act in or in relation to the reserve; and
(f) specify any mining operation, major excavation or other works that maybe carried on in the reserve, and the conditions under which it may be carried on; and
(g) specify any other operation or activity that may be carried on in the reserve; and
(h) indicate generally the activities that are to be prohibited or regulated in the reserve, and the means of prohibiting or regulating them; and
(i) indicate how the Plan takes account of Australia’s obligations under each agreement with one or more other countries that is relevant to the reserve (including the World Heritage Convention and the Ramsar Convention, if appropriate)
(j) if the reserve includes a National Heritage place:
(i) not be inconsistent with the National Heritage management principles; and
(ii) address the matters prescribed by regulations made for the purposes of paragraph 324S(4)(a); and
(k) if the reserve includes a Commonwealth Heritage place:
(i) not be inconsistent with the Commonwealth Heritage management principles; and
(ii) address the matters prescribed by regulations made for the purposes of paragraph 341S(4)(a).
In preparing a management plan the EPBC Act (s.368) also requires account to be taken of various matters. In respect to Kakadu National Park these matters include:
the regulation of the use of the Park for the purpose for which it was declared
the interests of:
- the traditional owners of the Park
- any other Indigenous persons interested in the Park
- any person who has a usage right relating to land, sea or seabed in the Park that existed (or is derived from a usage right that existed) immediately before the Park was declared
the protection of the special features of the Park, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest
the protection, conservation and management of biodiversity and heritage within the Park
the protection of the Park against damage
Australia's obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.
2.6 IUCN category and zoning
A management plan must assign a Commonwealth reserve to one of the following IUCN protected area categories (which correspond to the categories of protected areas identified by the IUCN):
strict nature reserve
wilderness area
national park
natural monument
habitat/species management area
protected landscape/seascape
managed resource protected area.
A management plan may divide a Commonwealth reserve into zones and assign each zone to an IUCN category. The category to which a zone is assigned may differ from the category to which the reserve is assigned (s.367(2)).
The provisions of a management plan must not be inconsistent with the management principles for the IUCN category to which the reserve or a zone of the reserve is assigned (s.367(3)). See Section 3 for information on Kakadu’s IUCN category.
2.7 Lease agreements
As noted in Section 2.4, at the time of preparing this Plan approximately 50 per cent of the land within Kakadu National Park is Aboriginal land under the Land Rights Act leased to the Director by Aboriginal land trusts. Section 367(1)(d) of the EPBC Act requires that the Plan must be consistent with the lease agreements (see Section 2.5).
Most of the land in Stage One of the Park is leased by the Director from the Kakadu Aboriginal Land Trust, three areas in Stage Two are leased from the Jabiluka Aboriginal Land Trust, and approximately half of Stage Three is leased from the Gunlom Aboriginal Land Trust.
The lease agreements reserve the right of Aboriginals to enter and use the leased land in accordance with Aboriginal tradition and outline the Director’s obligations in regards to the management of Aboriginal land declared under the Land Rights Act.
The lease agreement with the Gunlom Aboriginal Land Trust includes special provisions about managing and protecting sacred sites, particularly the Sickness Country, rehabilitation of old mine workings in the Gunlom Land Trust area, and control of Aboriginal cultural material.
The full provisions of the leases at the time of preparation of this Plan are included as Appendix A to this Management Plan.
Section 4.1 Making decisions and working together outlines the role of the Northern Land Council under the lease agreements.
2.8 International agreements
This Management Plan must take account of Australia’s obligations under relevant international agreements. The following agreements are relevant to the Park and are taken into account in this Management Plan.
World Heritage Convention
The World Heritage Convention is an international agreement which encourages countries to ensure the protection of their own natural and cultural heritage. The convention’s primary mission is to define and conserve the world’s heritage by drawing up a list of sites whose outstanding values should be preserved for all humanity and to ensure their protection through a closer cooperation among nations. Parties to the convention undertake to identify, protect, conserve, present and transmit to future generations the World Heritage listed sites on their territory.
Stage One of the Park was inscribed on the World Heritage List in 1981 and Stage Two in 1987. The whole of the Park was listed in December 1992. Kakadu is one of the few sites that are listed under the World Heritage Convention for both cultural and natural values. Appendix B to this Plan summarises the features of Kakadu that meet the cultural and natural World Heritage criteria.
Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention)
The Ramsar Convention is an international agreement which provides the framework for national action and international cooperation for the conservation and wise use of wetlands and their resources. The convention aims to stop the world from losing wetlands and to conserve, through wise use and management, those that remain. More than 90 countries are contracting parties to the convention.
Sites are selected for the List of Wetlands of International Importance under the Ramsar Convention because of ecological, botanical, zoological, limnological or hydrological importance. Wetlands in Stage One of Kakadu were listed in 1980; wetlands in Stage Two in September 1987; and wetlands in Stage Three that are part of the South Alligator River catchment in 1996. Some 683,000 hectares of Kakadu National Park are included in the Ramsar list.
Australian Ramsar management principles are prescribed by the EPBC Regulations (Schedule 6). An extract from the principles is at Appendix F to this Plan.
In March 1996, the contracting parties to the Ramsar Convention also agreed to establish an East Asian–Australasian Flyway to protect areas used by migratory shorebirds. The flyway provides for an East Asian–Australasian shorebird reserve network of sites that are critically important to migratory shorebirds. The wetlands of Kakadu National Park are part of this reserve network.
Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention)
The Bonn Convention aims to conserve terrestrial, marine and avian migratory species throughout their range. Parties to this convention work together to conserve migratory species and their habitats. Thirty-nine of the species listed under this convention are found in Kakadu.