KEEP RIVER NATIONAL PARK LOCAL MANAGEMENT COMMITTEE REGULATIONS 1992

Committee composition. The Committee consists of seven members appointed by the Minister (regulation 4(1)). Two must be employees under the Public Sector Employment and Management Act 1993. One must be an Aboriginal nominated by Murranwong-Gadgerong families with an interest in living areas in the Park. One must be an Aboriginal appointed from Aboriginal groups with an interest in the Park but not proposing to live there. Three must be persons with an interest in the Park (regulation 4(1)(a)-(d)). No person who is a member of the Northern Territory Legislative Assembly or either House of the Commonwealth Parliament is eligible to be a member (regulation 4(2)). Members hold office for three years and are eligible for reappointment (regulation 4(4)). The Minister must publish notice of appointments in the Gazette as soon as practicable (regulation 4(3)). Vacancies do not affect the Committee’s power to function (regulation 4(5)).

Termination and resignation. A member may resign by writing delivered to the Minister (regulation 5). The Minister must terminate a member’s appointment as soon as practicable after receiving a resignation, becoming aware of a member’s inability to continue due to illness or any other reason, or being satisfied that a member has contravened regulation 10 (disclosure prohibition) (regulation 6(1)). The Minister must appoint a replacement with the same qualification as soon as practicable after death or termination (regulation 6(2)).

Chairman. The Chairman is elected by the Committee from among its members at a meeting convened by the Minister (regulation 7(1)-(3)). The Minister appoints a member to preside at that initial election meeting, but once elected the Chairman presides (regulation 7(2)-(4)). The Chairman holds office for three years provided he or she remains a member, and is eligible for re-election (regulation 7(5)). The Committee may at any time, by resolution, remove the Chairman and elect another member (regulation 7(6)).

Meetings and procedure. The Chairman must call meetings as necessary for the Committee’s functions, but at least one meeting per calendar year (regulation 8(1)). The Minister may direct, or at least three members may request, the Chairman to call a meeting, and the Chairman must comply (regulation 8(2)). Quorum is three members, but of that three only one may be a member appointed under regulation 4(1)(b) (the Aboriginal nominated by Murranwong-Gadgerong families with an interest in living areas) (regulation 8(3)(b)). This is a notable restriction: the living-area Aboriginal representative has limited quorum counting power. Questions are decided by a majority; the presiding member has a deliberative plus a casting vote on equality (regulation 8(3)(c)). The Committee determines its own procedure (regulation 8(3)(d)). A member may give another member a general written authority to vote on their behalf, but the authorised member cannot vote for more than one absent member and may be counted in place of only one member with the same qualification (regulation 8(4)). That proxy provision prevents one member from accumulating multiple proxies and distorting quorum. Records of meetings must be kept, and minutes must be given to each member and the Minister as soon as practicable (regulation 8(5)). Any member may require the Committee to admit such persons as the member considers necessary to advise the member, and may require the Committee to allow those persons to address the meeting on the member’s behalf; the Committee must comply, but such advisors may not vote (regulation 8(6)-(7)). This is a significant right for individual members to bring independent expertise or stakeholder views, but it does not give those advisors any decision-making role.

Functions and powers. The Committee’s functions are exclusively advisory: to advise the Commission on issues relevant to management, including planning, commercial/tourist programs, protection, staff training, conservation, Aboriginal cultural promotion, and guidelines for activities (regulation 9(2)(a)-(h)). The Committee is subject to the Act and the plan of management (regulation 9(1)). The Committee has a supplementary power to do all things necessary or convenient for or in connection with, or incidental to, the performance of its functions (regulation 9(3)). This likely covers activities such as commissioning reports, holding consultations, or forming subcommittees, but not making binding decisions.

Confidentiality. Regulation 10 imposes a duty on members not to disclose information obtained in the course of their duties unless the disclosure is made in those duties. This is broad: it covers any information received as a member. Breach results in mandatory termination (regulation 6(1)(c)). There is no exception for public interest, whistleblowing, or disclosure to law enforcement, unless that can be considered “in the course of those duties”.

Committee members. Seven appointed individuals bear the immediate duties: attending meetings (at least once per year, and more if necessary), voting, considering matters, maintaining confidentiality, and potentially bringing advisors. Their compliance burden is mainly time and attention, with a real risk of termination if they disclose information outside duties. Members who are public sector employees will have their normal employment obligations supplemented by these regulations. Aboriginal members face the same duties but with specific representation roles. The restriction on quorum counting (only one living-area Aboriginal can count) means that the Murranwong-Gadgerong representative’s presence or absence can determine whether a meeting is valid. This gives that member significant gatekeeping power but also exposes them to being singled out as the sole cause of meeting failure if they are absent.

The Minister. The Minister (presumably the Minister administering the Territory Parks and Wildlife Conservation Act) is responsible for appointments, terminations, publishing appointments in the Gazette, convening initial election meetings, directing meetings, and receiving minutes. This creates an administrative burden. The Minister has substantial control: appointment power, termination power (for incapacity or breach), and the ability to call meetings. The Minister’s decisions are not subject to Committee approval. There is no provision for the Minister to consult the Committee before appointing members. The Minister’s termination power for “inability to continue as a member because of illness or for any other reason” (regulation 6(1)(b)) is broad and discretionary; it could be used to remove a member deemed difficult.

The Commission. The Parks and Wildlife Commission receives the Committee’s advice but is not bound to follow it. The Commission must consider the advice (or at least be given the opportunity to hear it), but the regulations impose no requirement to respond or justify rejection. This reduces the Committee’s practical influence. The Commission also remains subject to the plan of management and the Act, and the Committee’s advice is subservient to those instruments (regulation 9(1)). The creation of the Committee adds a procedural step that the Commission must manage - scheduling, receiving written submissions, perhaps attending meetings - but does not transfer decision-making authority.

Aboriginal groups. The Murranwong-Gadgerong families have a right to nominate one member (regulation 4(1)(b)). Other Aboriginal groups with an interest in the Park but not proposing to live there have the right to a separate member (regulation 4(1)(c)). These are not rights to veto or to have a nominee automatically appointed; the Minister appoints. If the Minister dislikes the nominee, there is no stated recourse. The Aboriginal living-area member is limited in quorum counting, which could reduce that member’s practical attendance power. Aboriginal groups also benefit from the Committee’s function to promote knowledge of Aboriginal traditional languages, culture, customs and skills, and to protect sites (regulation 9(2)(f)). That function is purely advisory; the Commission may or may not implement it.

Commercial operators and tourists. The Committee advises on commercial and tourist programs, sporting activities, camping guidelines, and vehicular traffic (regulation 9(2)(b) and (h)). These are areas where the Committee’s advice could influence the Commission’s decisions on permits, fees, access restrictions, and facility development. However, because the advice is non-binding, operators and tourists are not directly affected by the regulations themselves. Their interests are mediated through the Commission. The Committee may advocate for more or less commercial activity, but the regulations give no indication of a pro-commercial bias. The Committee’s composition (three “persons with an interest in the Park” could include tour operators, but also conservationists or residents) means its advice may reflect diverse commercial and non-commercial views.

Public sector employees. Two members must be employees under the Public Sector Employment and Management Act 1993. These could be rangers, park managers, or other government staff. Their membership may create conflicts between their employer’s policy preferences and their role as committee members, but the confidentiality duty and subjection to the Act and plan of management may limit scope for independent advocacy.

Duty of confidentiality (regulation 10). Every member must not disclose information obtained in the course of their duties unless made in the course of those duties. This is a blanket prohibition with no express exceptions. “In the course of those duties” likely covers disclosure to the Commission, other members, and perhaps advisors admitted under regulation 8(6). It probably does not cover disclosure to the media, the public, or even other park stakeholders who are not committee members. Breach triggers mandatory termination (regulation 6(1)(c)). The provision could chill open debate and discourage members from seeking external input beyond the formal advisor mechanism.

Right to bring advisors (regulation 8(6)-(7)). Any member may require the Committee to admit persons necessary to advise the member on matters being considered, and may require the Committee to allow them to address the meeting on the member’s behalf. The Committee must comply. This is a powerful right: a single member can compel admission and speaking time for their chosen advisor, regardless of the majority’s wishes. The advisor cannot vote. This allows individual members to offset the majority or bring specialised expertise. It is a safeguard against groupthink. However, it also enables a member to disrupt meetings by bringing multiple advisors or requiring extensive addressing.

Right to resign (regulation 5). A member may resign by writing signed by or with the authority of the member, delivered to the Minister. No reason need be given. The Minister must then terminate the appointment (regulation 6(1)(a)). This is a standard escape right.

Right to participate in election of Chairman (regulation 7). After the Minister convenes a meeting, the Committee elects a Chairman from among its members. The Committee may also remove the Chairman at any time and elect another (regulation 7(6)). This gives the Committee democratic control over its chair, subject only to the Minister’s power to call the initial meeting.

Right to request a meeting (regulation 8(2)(b)). Any three members may request the Chairman to call a meeting, and the Chairman must comply. If the Chairman refuses, the Minister may also direct a meeting (regulation 8(2)(a)). This prevents a Chairman from indefinitely stalling.

Duty to keep records and provide minutes (regulation 8(5)). The Committee must keep records of its meetings and provide copies of minutes to each member and the Minister. This ensures transparency within the committee and to the Minister, but not to the public.

Duty to act subject to the Act and plan of management (regulation 9(1)). The Committee cannot operate outside the overarching legal framework. This means its advice must not contradict the park’s plan of management. If the plan is restrictive, the Committee’s scope for recommending change is confined.

Ministerial duties. The Minister must: publish appointments in the Gazette (regulation 4(3)); convene meetings to elect a Chairman (regulation 7(1)); appoint a member to preside at that meeting (regulation 7(2)); terminate appointments on specified grounds (regulation 6(1)); and appoint replacements with the same qualification (regulation 6(2)). These are procedural obligations, but there is no penalty for ministerial failure - the regulations do not provide for judicial review or enforcement against the Minister.

The regulations themselves create no criminal offences, fines, or civil penalties. The only enforcement mechanism is the Minister’s power to terminate a member’s appointment. Grounds for mandatory termination are: receipt of resignation (regulation 6(1)(a)); awareness of inability to continue due to illness or any other reason (regulation 6(1)(b)); and being satisfied that the member has contravened regulation 10 (confidentiality) (regulation 6(1)(c)). The “any other reason” ground is extremely broad. It gives the Minister a wide discretion to remove members unilaterally - for non-attendance, conduct unbecoming, political disagreements, or even personal dislike - without any statutory criteria or natural justice requirement. There is no hearing requirement before termination, no appeal process within the regulations, and no provision for the Committee to challenge a termination. The only safeguard is that the Minister must terminate “as soon as practicable”, implying a duty to act, but the grounds remain unfettered.

If a member fails to attend meetings or participate, the Minister could deem that an inability to continue “for any other reason” and remove them. There is no requirement for the Minister to give reasons or to consult the Committee. This concentration of power means that the Committee’s independence is heavily dependent on ministerial restraint. A Minister who disagrees with the Committee’s advice could stack the committee by appointing compliant members and removing those who are inconvenient.

Breach of regulation 10 (confidentiality) also leads to mandatory termination, but there is no further penalty. The Act (Territory Parks and Wildlife Conservation Act) may contain its own offence provisions for related conduct, but the regulations do not cross-reference them. A member who leaks information may also be subject to criminal or disciplinary action under other laws (e.g., public sector misconduct), but that is outside these regulations.

There is no enforcement against non-members. Park visitors, commercial operators, and the Commission face no direct enforcement under these regulations. The Committee cannot issue directions, impose fines, or exclude people from the park. Its only “enforcement” is the threat of termination against its own members. This makes the regulations largely self-contained with respect to the Committee’s internal governance. External compliance with the park’s management plan and the Act is enforced through other instruments.

The regulations are made under the Territory Parks and Wildlife Conservation Act 1976 (NT). The Committee is expressly subject to that Act and to the plan of management for the Park (regulation 9(1)). The Act presumably establishes the Commission, sets out its powers, and governs the declaration of parks and reserves, management plans, offences, and enforcement. The Committee’s advisory function must operate within that legislative framework. If the Act is amended, the regulations may need updating to remain consistent.

The regulations refer to the Public Sector Employment and Management Act 1993 (NT) to define “employee” for the purpose of committee composition (regulation 4(1)(a)). That Act governs terms and conditions for public sector employees. Those serving as members are subject to their employer’s code of conduct and disciplinary rules, which may overlap with the confidentiality duty in regulation 10. For example, a public sector employee who discloses information in breach of that Act may face both termination from the Committee and internal disciplinary action.

The regulations also intersect with the Interpretation Legislation Amendment Act 2018 (NT), which made general formal amendments to regulations 1 and 4 (as noted in the endnotes). That Act likely standardised drafting language and did not alter substance.

There is no direct interaction mentioned with the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) or the Native Title Act 1993 (Cth), but the Committee’s composition includes Aboriginal members nominated by Murranwong-Gadgerong families and other groups with an interest in the Park. The protection of sites of spiritual significance (regulation 9(2)(f)) may implicate obligations under the Aboriginal Sacred Sites Act 1989 (NT) and the Northern Territory Aboriginal Sacred Sites Act 1989. However, the regulations do not create any new statutory duties in that regard; they merely add an advisory function.

The plan of management for the Park is a separate instrument prepared under the Act. The Committee is bound by it (regulation 9(1)). The plan may contain specific requirements for commercial licences, camping permits, and vehicle access - matters on which the Committee advises (regulation 9(2)(h)). If the plan is amended, the Committee must adjust its advice accordingly.

The regulations do not purport to override any other law. They sit as a subordinate legislative layer within the NT parks and wildlife framework. Any inconsistency with the Act would result in the Act prevailing. The regulations confer no power on the Committee to exempt anyone from compliance with other laws, such as environmental protection legislation, planning laws, or native title processes.

The regulations were originally made as SL No. 42 of 1992, notified on 12 August 1992 and commencing on that date. They were amended once in the version up to 11 February 1998, by SL No. 2 of 1998, notified and commenced on 11 February 1998. The 1998 amendment changed regulation 4 (composition), regulation 6 (termination and appointment), and regulation 9 (functions and powers). The exact changes are not described in the source, but the endnotes indicate that r 4 was amended by r 2 of the 1998 regulation, r 6 by r 3, and r 9 by r 4. The reprinted version as at 11 February 1998 shows regulation 9(2) containing paragraphs (a) to (h) with no (g) - likely the original version had fewer paragraphs. Paragraph (h) (guidelines for sporting activities, camping, vehicular traffic, and use of boats) appears to have been added in 1998, given the amendment to r 9. The 1998 amendment may also have adjusted the composition of the Committee (original composition may have differed). The endnotes also refer to general amendments by the Interpretation Legislation Amendment Act 2018 (NT), which made formal changes to regulations 1 and 4 (the citation and composition) in 2018. Those amendments are not reflected in the 1998 reprint (which is earlier), so the current version would incorporate them. The regulations remain in force as at the user’s provided text (1998 reprint), but later amendments may have occurred beyond 1998. The user’s source is as in force at 11 February 1998, so no later amendments are shown.

No litigation is referenced in the regulations or endnotes. No court decisions interpreting these regulations are known from the source. Given the advisory nature of the Committee and the limited enforcement mechanisms, litigation is unlikely unless a member challenges a termination of appointment. The broad ministerial discretion under regulation 6(1)(b) could be challenged on administrative law grounds (e.g., for unreasonableness or procedural fairness), but no such cases are recorded in the source. There is no indication that the Committee’s advice has been the subject of judicial review. The regulations themselves provide no right of appeal or review. Any challenge would have to rely on general principles of natural justice or the Administrative Decisions (Judicial Review) Act 1977 (Cth) or its NT equivalent (the Administrative Review Act). Without a reported case, the regulations remain legally untested. The absence of litigation may reflect the low stakes or the advisory nature that gives no justiciable right to anyone.

Quorum restriction on living-area Aboriginal member. Regulation 8(3)(b) provides that of the three members constituting a quorum, only one may be a member appointed under regulation 4(1)(b) - the Aboriginal nominated by Murranwong-Gadgerong families with an interest in living in the Park. This means that if that member is the only one present, and intends to count towards quorum, they cannot do so if two other members are also present but not from that category. More importantly, if the only two other members present are both from category (1)(b) (impossible because only one is appointed), or if one is from (1)(b) and one from another category, the meeting is still valid. But if two members from category (1)(b) were somehow appointed (they cannot be), the restriction would be relevant. The practical effect is that the living-area Aboriginal member’s attendance alone cannot make a quorum - at least two other members must also attend. This limits the ability of that member to force a meeting or block business. It could also lead to a situation where that member is the only person wanting a meeting, but cannot get a quorum without two others.

Proxy voting limit and qualification requirement. Regulation 8(4) allows a member to give another member a general authority to vote for them. However, the authorised member cannot vote for more than one absent member and can only be counted for quorum in place of one member with the same qualification. This means if the absent member has a different qualification (e.g., Aboriginal living-area vs. public sector employee), the proxy may not count for quorum if the authorised member already counts for their own seat. The “same qualification” language suggests that proxies must match the qualification of the holder. This could trip up committees if a member with a specific qualification is absent and tries to give a proxy to a member with a different qualification; the proxy might be invalid for quorum purposes, or the second member could only use the proxy if they also have that qualification (impossible since each member has only one qualification). The regulation is unclear and could lead to disputes. It is safest not to rely on proxies for quorum.

No public meeting or disclosure. The Committee must give minutes to the Minister, but there is no requirement to publish them. The public, park users, and even Aboriginal groups not on the Committee have no right to see what was discussed or advised. This lack of transparency may erode trust and reduce accountability. The confidentiality duty (reg 10) reinforces this.

Chairman removal without cause. The Committee may remove the Chairman at any time by resolution (regulation 7(6)). This makes the Chair’s position insecure and could lead to factional instability. A Chairman who pursues an unpopular but principled line may be ousted.

Termination for “any other reason” is undefined. Regulation 6(1)(b) allows termination “as soon as practicable after becoming aware of a member’s inability to continue as a member because of illness or for any other reason”. The “any other reason” limb is vague. It could be used to remove a member for missed meetings, but also for expressing a political opinion, criticising the Minister, or failing to follow directions. No criteria, hearing, or appeal mechanism is provided.

No formal decision-making power. The Committee’s only function is to advise. It cannot approve or veto anything. This may be a gotcha for members who believe they hold actual management authority. The regulations do not grant the Committee any power over the budget, staffing, or enforcement. The Commission can ignore the advice.

Advisor admission right can be abused. Regulation 8(6) lets any member require the Committee to admit and hear any advisor the member considers necessary. A single member could repeatedly bring advisors, delaying proceedings or introducing irrelevant material. The Chairman has no power to refuse, only to limit speaking times under general procedure.

For the Minister. Ensure appointments are made in accordance with the categories in regulation 4(1) and that each nominee meets eligibility (regulation 4(2)). Publish each appointment in the Gazette as soon as practicable (regulation 4(3)). Convene an initial meeting for the election of the Chairman (regulation 7(1)) and appoint a member to preside at that meeting (regulation 7(2)). Upon receiving a resignation, becoming aware of a member’s incapacity, or being satisfied of a breach of regulation 10, terminate the appointment as soon as practicable (regulation 6(1)). Then appoint a replacement with the same qualification (regulation 6(2)). Keep records of these actions. Direct meetings if necessary (regulation 8(2)(a)). Receive and review minutes (regulation 8(5)). Avoid making appointments or terminations that could be seen as for improper reasons; although the regulations grant wide discretion, the Minister may still be subject to administrative review or political scrutiny.

For the Committee. Hold at least one meeting per calendar year (regulation 8(1)). Ensure that the Chairman calls meetings when required. Ensure quorum is met: at least three members, with no more than one being the living-area Aboriginal member (regulation 8(3)(b)). Use proxy voting with caution; ensure the authorised member has the same qualification for quorum purposes (regulation 8(4)). Keep records of meetings and provide minutes to each member and the Minister as soon as practicable (regulation 8(5)). When preparing advice to the Commission, do so in writing (although not required) and ensure it is consistent with the Act and the park plan (regulation 9(1)). If a member wishes to bring an advisor, demand compliance with regulation 8(6)-(7). The member must require admission; the Committee must admit and allow addressing. The advisor cannot vote. The Committee should determine procedure for speaking time and order.

For individual members. Attend meetings regularly; non-attendance could lead to termination under regulation 6(1)(b) as an “inability to continue for any other reason”. Do not disclose any information obtained as a member outside the course of duties (regulation 10). “Course of duties” includes discussions within meetings, providing advice to the Commission, and presumably communication with other members, the Minister, and advisors admitted under regulation 8(6). If in doubt, seek legal advice before speaking externally. On leaving the Committee, the duty likely continues for confidential information. Comply with the plan of management and the Act when giving advice. Do not use committee position for personal benefit or to influence park decisions without going through proper channels. Be aware of the confidentiality obligation when discussing park matters with other stakeholders. Avoid conflicts of interest; although not explicitly required by these regulations, other laws or codes of conduct may apply (especially for public sector employees). If a member is the living-area Aboriginal member, understand the quorum limitation and the right to bring advisors. The member may also need to liaise with the nominating families to ensure representation.

For the Commission. Receive and consider the Committee’s advice. There is no obligation to follow it, but failure to respond could undermine the consultative process. The Commission should document its response and reasons for any departure from advice to maintain good governance. Ensure that the plan of management and the Act are made available to the Committee. Cooperate with the Committee’s requests for information (though these regulations do not compel the Commission to provide it).