National Parks and Wildlife Conservation Act 1975

Part I—Preliminary

1 Short title [see Note 1]

This Act may be cited as the National Parks and Wildlife Conservation Act 1975.

2 Commencement [see Note 1]

This Act shall come into operation on the day on which it receives the Royal Assent.

3 Interpretation

(1) In this Act, unless the contrary intention appears:

Aboriginal means a member of the Aboriginal race of Australia and includes a Torres Strait Islander.

Aboriginal land means:

(a) land situated in the Region, and in which an Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976 holds an estate in fee simple; or

(b) if the Jervis Bay National Park has been declared to be Aboriginal Land under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986—the Jervis Bay National Park; or

(c) if the Jervis Bay Botanic Gardens have been declared to be Aboriginal Land under the Aboriginal Land Grant (Jervis Bay Territory) Act 1986—the Jervis Bay Botanic Gardens.

agreement includes a treaty or convention.

aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.

animal means any member, alive or dead, of the animal kingdom (other than man), and includes:

(a) eggs or parts of eggs; and

(b) the skin, feathers, horns, shell or any other part of an animal.

article includes a substance or a mixture of substances.

Australia includes the external Territories to which this Act extends.

Australian aircraft means an aircraft that is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft.

Australian coastal sea means any sea or waters the sovereignty in respect of which is declared by the Seas and Submerged Lands Act 1973 to be vested in the Crown in right of the Commonwealth, but does not include any waters referred to in section 14 of that Act.

Australian fishing zone has the same meaning as in the Fisheries Management Act 1991.

Australian national means:

(a) an Australian citizen; or

(b) a body corporate established by or under a law of the Commonwealth, of a State or of a Territory.

Australian National Botanic Gardens means the areas declared to be a reserve, and to which that name was assigned, by Proclamation under subsection 7(2).

Australian vessel means a vessel that is in Australian control or is an Australian boat within the meaning of the Fisheries Management Act 1991.

botanic garden means a scientific and educational institution the purpose of which is the advancement and dissemination of knowledge and appreciation of plants by:

(a) growing them in a horticultural setting; and

(b) establishing herbarium collections; and

(c) conducting research; and

(d) providing displays and interpretative services.

Conservation Commission means the Conservation Commission of the Northern Territory established by the Conservation Commission Act 1980 of the Northern Territory.

conservation zone means a conservation zone declared under section 8A.

continental shelf of Australia has the same meaning as in the Seas and Submerged Lands Act 1973.

Director means the Director of National Parks and Wildlife.

foreign national means a person other than an Australian national.

foreign vessel means a vessel other than an Australian vessel.

Fund means the Fund established by this Act.

hovercraft means a vehicle designed to be supported on a cushion of air.

in Australian control means in the control or possession of one or more of any of the following:

(a) the Commonwealth (including an arm of the Defence Force) or a State or Territory;

(b) a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory;

(c) a company or other body corporate incorporated under a law of a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest.

interest means any legal or equitable interest, including any estate, right, title, claim, charge, encumbrance, power, privilege, authority, licence or permit.

Jervis Bay Botanic Gardens means the part of the Australian National Botanic Gardens that is in the Jervis Bay Territory.

Jervis Bay National Park means the part of the Jervis Bay Territory declared to be a park, and to which that name was assigned, by Proclamation under subsection 7(2).

Kakadu National Park means the area for the time being declared under section 7 to be the park of that name.

mineral means a naturally occurring substance or mixture of substances.

park means a park declared under section 7.

plan of management means a plan of management in force under section 12.

plant means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants.

prescribed park or reserve means:

(a) the Uluru - Kata Tjuta National Park; and

(ab) the Jervis Bay National Park; and

(ac) the Jervis Bay Botanic Gardens; and

(b) any other park or reserve declared by the regulations to be a prescribed park or reserve for the purposes of this definition.

ranger means a person appointed as a ranger under section 37.

Region means:

(a) so much of the Alligator Rivers Region, within the meaning of the definition of that Region in the Environment Protection (Alligator Rivers Region) Act 1978, as does not include:

(i) the area shown as the Arnhem Land Aboriginal Reserve on the map referred to in that definition; and

(ii) the areas (being pastoral leases) described on that map as Mount Bundey and Eva Valley; and

(b) the area of land described under the heading Uluru in Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976.

reserve means a reserve declared under section 7.

right does not include sovereign rights.

seize includes secure against interference.

Service means the Australian National Parks and Wildlife Service established by this Act.

Territory means an internal Territory or an external Territory to which this Act extends.

Territory Commission means the Conservation Commission of the Northern Territory established by the Conservation Commission Act 1980 of the Northern Territory.

this Act includes the regulations.

traditional Aboriginal owners:

(a) in relation to Aboriginal land in the Region—has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976; or

(b) in relation to the Jervis Bay National Park or the Jervis Bay Botanic Gardens—means the members of the Wreck Bay Aboriginal Community Council.

uranium mining operations has the same meaning as in the Environment Protection (Northern Territory Supreme Court) Act 1978.

vehicle includes a hovercraft.

vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, but does not include a hovercraft.

warden means:

(a) a person appointed as a warden under section 37; or

(b) a person referred to in section 38.

wilderness zone means a wilderness zone declared under section 7.

wildlife means:

(a) animals and plants that are indigenous to Australia;

(b) animals and plants that are indigenous to the Australian coastal sea or the sea-bed and subsoil beneath that sea;

(c) animals and plants that are indigenous to the continental shelf of Australia or the superjacent waters;

(ca) animals and plants that are indigenous to the Australian fishing zone;

(d) migratory animals that periodically or occasionally visit Australia, the Australian coastal sea, the Australian fishing zone or the sea over the continental shelf of Australia;

(e) animals and plants of a kind introduced into Australia, directly or indirectly, by Aboriginals before the year 1788; and

(f) such other animals and plants, not being domesticated animals or cultivated plants, as are prescribed.

wildlife inspector means a person appointed as a wildlife inspector under section 38A.

Wreck Bay Aboriginal Community Council means the council established by section 4 of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986.

(2) In this Act, a reference to the sea-bed includes a reference to the surface of any coral formation, and a reference to the subsoil includes a reference to the coral beneath the surface of any such formation. (3) In this Act, a reference to public notice is a reference to notice published:

(a) in the Gazette;

(b) in a local newspaper, if any, circulating in the area concerned; and

(c) in each State and Territory, in a newspaper circulating throughout that State or Territory.

(4) A reference in this Act (other than section 65) to an offence against this Act includes a reference to an offence against section 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914 that relates to this Act.

3A Operations for the recovery of minerals

(1) In this Act, subject to subsection (2), operations for the recovery of minerals means any operations or activities for or in connection with, or incidental to, the mining (whether by underground or surface working) or recovery of minerals or the production of material from minerals and, in particular, without limiting the generality of the foregoing, includes:

(a) prospecting and exploration for minerals, the milling, refining, treatment and processing of minerals and the handling, transportation, storage and disposal of minerals and of material produced from minerals; and

(b) the construction and use of towns, camps, dams, pipelines, power lines or other structures, and the performance of any other work, for the purposes of any such operations or activities.

(2) In this Act, operations for the recovery of minerals does not include:

(a) anything done for the purposes of building or construction, or the supply of water, in a park or reserve, unless those purposes are connected with, or incidental to, operations for the recovery of minerals;

(b) the transportation of anything in the Kakadu National Park along routes (including air routes) prescribed for the purposes of this paragraph;

(c) the construction and use of pipelines and power lines in Kakadu National Park along routes prescribed for the purposes of this paragraph; or

(d) prescribed activities carried on in Kakadu National Park in connection with, or incidental to, operations for the recovery of minerals carried on outside Kakadu National Park.

4 Extension of Act to external Territories

This Act extends to every external Territory.

5 Act binds the Crown

This Act binds the Crown in right of the Commonwealth or of a State.

Part II—Parks and reserves

6 Object of this Part

(1) The object of this Part is to make provision for the establishment and management of parks and reserves:

(a) appropriate to be established by the Commonwealth Government, having regard to its status as a national government;

(b) in the Territories;

(c) in the Australian coastal sea;

(d) for purposes related to the rights (including sovereign rights) and obligations of Australia in relation to the continental shelf of Australia;

(e) for facilitating the carrying out by Australia of obligations under, or exercise by Australia of rights under, agreements between Australia and other countries; or

(f) conducive to the encouragement of tourism between the States and between other countries and Australia;

and this Act shall be administered accordingly. (2) Land in a State shall not, without the consent of the State, be acquired by the Commonwealth for the purposes of this Part if it is land that is dedicated or reserved under a law of the State for purposes related to nature conservation or the protection of areas of historical, archaeological or geological importance or of areas having special significance in relation to Aboriginals. (3) Land in the Northern Territory, other than land in the Uluru - Kata Tjuta National Park or in the Alligator Rivers Region as defined by the Environment Protection (Alligator Rivers Region) Act 1978, shall not, without the consent of the Territory, be acquired by the Commonwealth for the purposes of this Part if it is land that is dedicated or reserved under a law of the Territory for purposes related to nature conservation or the protection of areas of historical, archaeological or geological importance or of areas having special significance in relation to Aboriginals.

7 Parks and reserves established by Governor-General

(1) In this section, area means:

(a) an area of land owned or held under lease by the Commonwealth, including any such area that has been dedicated or reserved under a law of a Territory for the purposes of a national park, nature reserve, protected area or wildlife sanctuary or for similar purposes;

(aa) an area of Aboriginal land held under lease by the Director;

(b) an area of the Australian coastal sea in respect of the sea-bed and subsoil beneath which no interest is vested in a person other than the Commonwealth;

(c) an area of sea over a part of the continental shelf of Australia in respect of which no interest is vested in a person other than the Commonwealth; or

(d) an area of land or sea outside the Australian coastal sea in respect of which Australia has, under an agreement between Australia and any other country or countries, obligations relating to wildlife that may appropriately be carried out by the establishment and management of the areas as a park or reserve;

or an area of any such land and any such sea. (2) Subject to this section, the Governor-General may:

(a) by Proclamation [see Note 2], declare an area specified in the Proclamation to be a park or a reserve and assign a name to that park or reserve; and

(b) by the same or by another Proclamation, declare the whole or a specified part of the park or reserve to be a wilderness zone.

(3) A Proclamation declaring an area to be a reserve may specify the purpose or purposes for which it is so declared. (4) Where a plan of management is in force in relation to a park or reserve, a declaration shall not be made declaring the whole or a specified part of the park or reserve to be a wilderness zone except in accordance with the plan of management. (5) A park may be named as a national park or by such other designation as the Governor-General thinks fit. (6) Where an area is declared by Proclamation to be a park or reserve:

(a) the subsoil beneath any land within the area, extending to such depth below the surface as is specified in the Proclamation;

(b) the waters and sea-bed beneath any sea within the area; and

(c) the subsoil beneath any such sea-bed, extending to such depth below the sea-bed as is specified in the Proclamation;

shall be taken to be within that park or reserve. (7) Upon the declaration of a park or reserve, any interest held by the Commonwealth in respect of the land (including any sea-bed or any subsoil) within the park or reserve, but not in respect of any minerals, becomes, by force of this subsection, vested in the Director. (7A) Where the Commonwealth acquires any interest in respect of any land (including any sea-bed or any subsoil) within a park or reserve (otherwise than by reason of the surrender or transfer of an interest under subsection 9(3)), that interest becomes, by force of this subsection, vested in the Director, but not to the extent that it is an interest in respect of minerals. (8) Subject to this section, the Governor-General may, by Proclamation, revoke or amend a Proclamation made under this section. (9) A Proclamation under this section by virtue of which any land (including any subsoil) or sea, other than land or sea referred to in paragraph (1)(d), ceases to be land or sea within a park or reserve or within a wilderness zone shall not be made except in accordance with a resolution passed by each House of the Parliament in pursuance of a motion of which notice has been given not less than 15 sitting days of that House before the motion is moved. (10) If, by virtue of a Proclamation made under this section, any land (including any sea-bed or any subsoil), other than Aboriginal land, ceases to be land within a park or reserve, any interest held by the Director in respect of that land becomes, by force of this subsection, vested in the Commonwealth. (10A) If, by virtue of a Proclamation made under this section, any Aboriginal land (including any sea-bed or any subsoil) ceases to be land within a park or reserve, any leasehold interest held by the Director in respect of that land ceases, by force of this subsection, to exist. (10AB) Subsections (9), (10) and (10A) do not apply in relation to a Proclamation by virtue of which any land (including any Aboriginal land and any sea-bed or subsoil) or sea ceases to be land or sea within a park or reserve or within a wilderness zone and becomes land or sea within another park or reserve or another wilderness zone, as the case requires. (10B) Where a leasehold interest held by the Director in respect of any land in a park or reserve ceases to exist (otherwise than by reason of the Director surrendering the interest under subsection 9(2B), surrendering or transferring the interest under subsection 9(3) or acquiring ownership of the land or by reason of the operation of subsection 12(2A) of the Aboriginal Land Rights (Northern Territory) Act 1976), the land ceases, by force of this subsection, to be land within the park or reserve and the Governor-General shall accordingly, by Proclamation, amend or revoke, as the case requires, the Proclamation applying in relation to that land. (11) Subject to subsection (11A), the Governor-General shall not make a Proclamation under this section except after consideration by the Executive Council of a report by the Director in relation to the matter dealt with by the Proclamation. (11A) Subsection (11) does not apply in relation to the making of:

(a) a Proclamation under subsection (2) in relation to land or sea within the Region;

(b) a Proclamation under subsection (8) in relation to land or sea within the Region, other than a Proclamation, not being a Proclamation to which paragraph (c) applies, by virtue of which particular land (including any Aboriginal land or sea‑bed or subsoil) or sea ceases to be land or sea within a park or reserve or within a wilderness zone; or

(c) a Proclamation by virtue of which any land (including any Aboriginal land or any sea-bed or subsoil) or sea ceases to be land or sea within a park or reserve or within a wilderness zone and becomes land or sea within another park or reserve or another wilderness zone, as the case requires.

(12) Before submitting a report for the purposes of subsection (11), the Director shall:

(a) by public notice:

(i) state the nature of the report and of any recommendations proposed to be made in the report;

(ii) invite interested persons to make representations in connexion with the report by such date, not being less than 60 days after the date of publication of the notice in the Gazette, as is specified in the notice; and

(iii) specify an address to which such representations may be forwarded; and

(b) give due consideration to any representations so made;

and, when submitting the report, he or she shall attach to the report any representations so made, together with his or her comments on those representations. (13) Where any land is acquired by the Commonwealth for the purposes of this Part, the Minister shall, as soon as practicable after the acquisition, but subject to compliance with subsections (11) and (12) (where applicable), cause the carrying out of that purpose to be submitted for consideration by the Executive Council. (14) Subject to subsection (10B), where land is within a park or reserve, it does not cease to be within the park or reserve by reason only of a transfer, assignment, surrender or extinguishment of, or any other change of any description in, any interest in respect of that land.

8 Registration of changes in title to land

Where, by reason of a Proclamation under section 7, any interest in any land (including any subsoil) in a State or Territory becomes vested in the Director or the Commonwealth or ceases to exist, the Director may lodge with the Registrar-General, Registrar of Titles or other appropriate officer of the State or Territory a copy of the Proclamation, certified by writing signed by the Director, and the officer with whom it is so lodged may make such entries in his or her registers, and do such other things, as are necessary to reflect the operation of section 7 in relation to the land by virtue of the Proclamation.

8A Conservation zones

(1) The objects of this section are the protection and conservation of wildlife in, and the protection of the natural features of, an area of land or sea in the Region until a decision is made whether or not to declare the area to be a park or reserve. (2) The Governor-General may, by Proclamation, declare an area within the Region, not being an area within a park or reserve, to be a conservation zone. (3) Subject to subsection (5), the Governor-General may, by Proclamation, revoke or amend a Proclamation made under subsection (2). (4) Where an area is declared to be a conservation zone:

(a) the subsoil beneath any land within the area, extending to such depth below the surface as is specified in the Proclamation;

(b) the waters and sea-bed beneath any sea within the area; and

(c) the subsoil beneath any such sea-bed, extending to such depth below the sea-bed as is specified in the Proclamation;

shall be taken to be within that conservation zone. (5) A Proclamation under subsection (3) by virtue of which an area is to cease to be within a conservation zone shall not be made unless:

(a) a Proclamation is made under section 7, coming into operation immediately after the first-mentioned Proclamation comes into operation, declaring the area to be, or to be included in, a park or reserve; or

(b) the area is to be used for operations for the recovery of minerals, other than prospecting or exploration.

(6) For the purposes of making regulations in relation to conservation zones, subsections 71(2) (other than paragraph (t)) and 71(3) apply, subject to subsection (7) of this section, in relation to conservation zones as they apply in relation to parks and reserves. (7) For the purposes of subsection (6), paragraphs 71(2)(da), (h), (j), (l), (n) and (s) apply as if the words “or prohibiting” were omitted. (8) In addition to the powers to make regulations conferred by subsection (6) and section 71, regulations in relation to conservation zones may be made:

(a) regulating or prohibiting operations for the recovery of minerals;

(b) regulating the carrying on of fishing, pastoral or agricultural activities for commercial purposes;

(c) regulating the construction or alteration of buildings and structures;

(d) regulating the construction or establishment of bridges, railways, roads, tracks, port facilities and air-strips and the carrying out of any other works;

(e) regulating the felling or taking of timber;

(f) making provision for and in relation to the powers to be exercised, and the functions and duties to be performed, in and in relation to conservation zones by wardens, rangers and other persons, being persons included in specified classes of persons; and

(g) making provision for and in relation to the giving of securities for compliance with regulations made in pursuance of this section by persons doing, or proposing to do, anything to which those regulations relate.

(9) Subsection (1) does not limit the power to make regulations conferred by paragraph (8)(a). (10) Where:

(a) regulations made under paragraph (8)(a) have effect in relation to a conservation zone; and

(b) an area is subsequently excised from the zone;

then, except as otherwise provided in the regulations, the regulations continue to apply in relation to the area, and further regulations may be made under that paragraph in relation to the area, as if the area had not been excised. (11) Regulations made under paragraph (8)(a) have effect notwithstanding:

(a) any other regulations made under this Act; or

(b) any law of the Northern Territory, or any Act, by or under which interests referred to in subparagraph 8B(1)(a)(i) have been created, preserved or otherwise affected.

(12) Regulations made under this section (other than regulations made under paragraph (8)(a)) have no effect to the extent that they are inconsistent with the terms and conditions of:

(a) an interest of either of the following kinds granted before the commencement of the Lands Acquisition Act 1989:

(i) a lease or licence granted under section 51 of the Lands Acquisition Act 1955;

(ii) a right (however described) to explore or prospect for minerals granted under section 53 of the Lands Acquisition Act 1955; or

(b) a right (however described) to explore for minerals, or to mine for or recover minerals, granted under section 124 of the Lands Acquisition Act 1989.

(13) Any operation for the recovery of minerals on, in or beneath land in a conservation zone in the exercise of an interest referred to in subparagraph 8B(1)(a)(i) shall be deemed, for the purposes of procedures contained in orders made under the Environment Protection (Impact of Proposals) Act 1974, to be a proposed action within the meaning of those procedures.

8B Existing interests etc. in parks and reserves

(1) Where any land is within a park, reserve or conservation zone:

(a) subject to paragraph (b), the prescribed provisions of this Act and of the regulations (other than subsection 8A(13) or regulations made under paragraph 8A(8)(a)) and, in the case of a park or reserve, the provisions of the plan of management do not affect:

(i) any interest in respect of that land or in respect of any minerals on, in or beneath that land held immediately before that land was within the park, reserve or conservation zone by any person other than the Commonwealth or the Director; or

(ii) the application of any law of a State or Territory in relation to such an interest; and

(b) notwithstanding anything to the contrary contained in any law of the Commonwealth or of a State or Territory, an interest referred to in subparagraph (a)(i) (not being an interest in respect of minerals beneath the land concerned) shall not be renewed, and the term of such an interest shall not be extended, except with the consent in writing of the Minister and subject to such conditions as the Minister determines.

(2) A person adversely affected by the refusal of the Minister to give consent, or by the imposition of conditions, under paragraph (1)(b) is entitled to be paid reasonable compensation by the Commonwealth. (3) In this section:

(a) a reference to land shall be read as including a reference to sea-bed and subsoil;

(b) a reference to a prescribed provision shall be read as a reference to a provision that has effect only in relation to:

(i) a particular park, reserve or conservation zone; or

(ii) parks, reserves and conservation zones, or any of them;

(c) a reference to an interest shall be read as including a reference to the exercise of a right arising out of an interest; and

(d) a reference to minerals beneath land that is within a park, reserve or conservation zone shall be read as a reference to minerals situated below the depth specified in relation to that land in pursuance of subsection 7(6) or 8A(4), whichever is applicable.

(4) This section does not apply in relation to:

(a) any interest in respect of any minerals on, in or beneath land within Kakadu National Park; or

(b) any other interest in so far as it relates to operations for the recovery of any such minerals.

8C Townships in the Region

(1) Where the plan of management relating to a park or reserve the whole or part of which is within the Region so provides, townships may be established and developed within the park or reserve or that part of the park or reserve, as the case may be, and the succeeding provisions of this section apply accordingly. (2) A township, other than a township to which subsection (3) applies, may be established and developed:

(a) by the Director; or

(b) by any other person on land held under lease by that person from the Director.

(3) An existing township within a park or reserve may be developed by a person other than the Director, but development of an existing township shall not take place on land that was undeveloped at the commencement of this section unless the land is held under lease from the Director. (4) A township shall not be established or developed, and no building work shall be carried out in a township, except in accordance with:

(a) the provisions of the plan of management; and

(b) a town plan prepared and approved in the manner provided by the regulations.

(5) The provisions of the plan of management relating to a township shall include provisions for and in relation to:

(a) in the case of a township to be established under paragraph (2)(a) or (b)—the site of the township and the general purposes of the township;

(b) in the case of a township to be established or developed on land held under lease from the Director—the terms and conditions of the lease; and

(c) where the township is to be divided into zones—the respective purposes of the zones.

(6) The town plan shall make detailed provision, not inconsistent with the plan of management or, in the case of a township to be established or developed on land held under lease from the Director, with the lease, for and in relation to the proposed construction or development of the township, including, in particular, the provision (if any) to be made for:

(a) housing, shops, offices and other buildings and structures;

(b) bridges, railways, roads, streets, footpaths and parking areas;

(c) the supply of water, electricity and gas;

(d) the standards to be maintained in the construction and alteration of buildings and structures;

(e) sewerage and drainage;

(f) public amenities for recreation and other purposes; and

(g) any other matters that are specified for the purposes of this paragraph by the plan of management, the regulations or, in the case of a township to be established or developed on land held under lease from the Director, by the lease.

(7) For the purposes of subsection (6), the town plan may apply, adopt or incorporate, with or without modification:

(a) the provisions of any law of, or of a part of, the Northern Territory as in force at a specified time or as in force from time to time, being a law that, but for that application, adoption or incorporation, would not apply in relation to the township; or

(b) any matter contained in any instrument or writing as in force or existing at a specified time.

(8) A town plan may be revoked or amended in the manner provided by the regulations, but a town plan shall not be amended so as to be inconsistent with the plan of management or, in the case of a township established or developed on land held under lease from the Director, with the lease. (9) In this section:

building work means the construction, alteration or demolition of a building or structure.

existing township, in relation to a park or reserve, means a township that was in existence before its inclusion within the park or reserve.

lease, in relation to a township established or developed on Aboriginal land, means sub-lease.

8D Township at Jabiru

(1) In this section, unless the contrary intention appears:

Authority means the Jabiru Town Development Authority established by the Jabiru Town Development Act 1978 of the Northern Territory.

licence means a licence granted under subsection (2), and includes a licence as varied under subsection (4).

Park means Kakadu National Park.

township means the township referred to in subsection (2).

(2) At any time before a plan of management relating to the Park comes into force, the Director may grant written licences to the Authority authorizing it to do such things within the Park as are specified in the licences, being things that he or she considers necessary or convenient to be commenced, before the plan of management comes into force, for and in relation to the establishment and development of a township at or near a place in the Region known as Jabiru. (3) The Director shall not grant a licence under subsection (2) unless:

(a) the Authority has informed him or her, in writing, that the Conservation Commission, and each other authority or body established by or under a law of the Northern Territory which the Authority has considered it appropriate to consult in relation to the issue of the licence, have agreed to the issue of the licence; and

(b) where, under the Aboriginal Land Rights (Northern Territory) Act 1976, an Aboriginal Land Council has, or Aboriginal Land Councils have, been established for any area or areas wholly or partly within the Park—the Director has consulted with, and had regard to the views of, the Chairperson of that Council or of each of those Councils, as the case may be, in relation to the issue of the licence.

(4) In granting a licence under subsection (2), the Director shall impose such conditions as he or she thinks fit providing for such of the objects set out in subsection 11(8) as are applicable. (5) A licence may be varied at any time by the Director with the consent of the Authority. (6) At any time when a plan of management relating to the Park is in force, things authorized to be done by a licence shall be done in accordance with the licence and, to the extent to which the plan is not inconsistent with the licence, also in accordance with the plan. (7) As soon as practicable after a plan of management relating to the Park comes into force, a town plan relating to the township shall be prepared and approved as provided by section 8C. (8) On the date of coming into effect of a town plan in pursuance of subsection (7), section 8C applies, subject to this section, in relation to the township as if it were a township established and developed in accordance with subsection (1) of that section. (9) At any time after the coming into effect of a town plan in pursuance of subsection (7), things authorized to be done by a licence shall be done in accordance with the licence and, to the extent to which the town plan is not inconsistent with the licence, also in accordance with the town plan. (10) In:

(a) the making of a variation of a licence;

(b) the preparation and consideration of a plan of management relating to the Park; and

(c) the preparation and approval of a town plan in pursuance of subsection (7);

due regard shall be had to buildings, structures and works constructed, erected or carried out, or authorized to be constructed, erected or carried out, in accordance with this section.

9 Restriction of disposal etc. of land in parks and reserves

(1) Notwithstanding any law of the Commonwealth or of a State or Territory, but subject to subsections (2), (2A), (2B) and (3), no interest held by the Director in respect of land within a park or reserve shall be sold, leased or otherwise disposed of. (2) Where the plan of management relating to a park or reserve so provides, the Director may grant leases of, or licences in respect of, land in that park or reserve in accordance with the plan of management. (2A) The Director may, for the purposes of establishing and developing a township as provided by section 8D, grant leases of, or licences in respect of, land in the Kakadu National Park established under this Act in the Northern Territory. (2B) The Director may surrender a lease of land within a park or reserve in consideration of the grant to the Director of a new lease of land that includes that land. (3) The Director may, for the purposes of Part II of the Aboriginal Land Rights (Northern Territory) Act 1976, surrender or transfer to the Commonwealth any interest held by him or her in respect of land within a park or reserve within the Region. (3A) The Lands Acquisition Act 1989 does not apply to the grant or surrender of a lease or sub-lease under this section. (4) In this section (other than in subsection (2B)), lease, in relation to Aboriginal land, means sub-lease.

10 Mining, works, forestry etc. in parks, reserves and wilderness zones

(1) Subject to sections 8B and 8D, this section has effect notwithstanding any law of the Commonwealth or of a State or Territory. (1A) No operations for the recovery of minerals shall be carried on in Kakadu National Park. (1B) Subsection (1A) shall not be taken to prevent the use, development or reconstruction of the township known as Jabiru. (2) No operations for the recovery of minerals shall be carried on in a park or reserve (not being Kakadu National Park) other than operations that are carried on, with the approval of the Governor‑General, in accordance with the plan of management relating to that park or reserve. (3) Subject to subsections (4) and (4A):

(a) no excavations shall be carried on;

(b) no building or other structure shall be erected;

(c) no works shall be carried out; and

(d) no timber shall be felled or taken;

in a park or reserve except in accordance with the plan of management relating to that park or reserve. (4) At a time when no plan of management is in force in relation to a particular park or reserve the whole or part of which is outside the Region, subsection (3) does not prevent the Director from performing his or her functions in the park or reserve or that part of the park or reserve, as the case may be (in this subsection referred to, in either case, as the area), for the purpose of preserving or protecting the area, protecting or conserving wildlife in the area, controlling authorized scientific research or protecting persons or property in the area. (4A) At a time when no plan of management is in force in relation to a particular park or reserve the whole or part of which is within the Region, the Director may, subject to any directions of the Minister:

(a) approve the erection of buildings and other structures, and the carrying out of excavations and other works, in the park or reserve or that part of the park or reserve, as the case may be; and

(b) perform his or her functions and exercise his or her powers in and in relation to the park or reserve or that part of the park or reserve, as the case may be.

(5) A wilderness zone shall be maintained in its natural state and shall be used only for scientific research authorized by the Director and such recreational and other purposes, other than the recovery of minerals, as are specified in the plan of management relating to the wilderness zone, but this subsection does not prohibit anything done by the Director in accordance with subsection (6). (6) Notwithstanding subsections (4) and (4A):

(a) no excavation shall be carried on;

(b) no building or other structure shall be erected;

(c) no works shall be carried out;

(d) no timber shall be felled or taken;

(e) no tracks shall be established; and

(f) no vehicle, aircraft or vessel shall be used;

in a wilderness zone except by the Director, in accordance with the plan of management relating to the zone, for purposes essential to the management of the zone.

11 Plans of management

(1) Subject to subsection (2), as soon as practicable after a park or reserve has been declared, the Director shall prepare a plan of management in respect of that park or reserve. (2) Where a Board is established under Part IIA for a prescribed park or reserve, the Board, in conjunction with the Director, shall, as soon as practicable after the Board is established, prepare a plan of management in respect of that park or reserve unless, at the time when the Board is established, there is already a plan of management in force in respect of that park or reserve. (2A) Before a plan of management is prepared in respect of a park or reserve, the Director shall, by public notice:

(a) state that a plan of management is to be prepared in respect of that park or reserve;

(b) invite interested persons to make representations in connection with the proposed plan by such date, not being less than 1 month after the date of publication of the notice in the Gazette, as is specified in the notice; and

(c) specify an address to which such representations may be forwarded;

and, in the case of a plan of management in respect of a park or reserve wholly or partly within a prescribed area, shall serve a copy of the notice on the relevant Chairperson. (3) A person (including the Conservation Commission, the Chairperson of an Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 or the Chairperson of the Wreck Bay Aboriginal Community Council) may, not later than the date specified in the notice, make representations to the Director in connexion with the proposed plan of management, and the Director, or the Director together with the Board, as the case requires, shall give due consideration to any representations so made. (5) The plan of management may include provisions in relation to an area that is proposed to be added to the park or reserve, but those provisions shall not have effect until the area is added to the park or reserve. (6) The plan of management shall set out a description of the manner in which it is proposed to manage the park or reserve and shall include:

(a) a description of any existing or proposed buildings, structures, facilities or other development; and

(b) a description of any operations for the recovery of minerals, or excavation, works or other operations, that may be carried on;

in the park or reserve. (7) Where a plan of management provides for operations for the recovery of minerals or for excavation or other works, the plan shall set out any conditions that are to be applicable. (8) In the preparation of the plan of management, regard shall be had to the following objects:

(a) in the case of a park—the encouragement and regulation of the appropriate use, appreciation and enjoyment of the park by the public;

(b) in the case of a reserve—the regulation of the use of the reserve for the purpose for which it was declared;

(ba) in the case of a park or reserve wholly or partly within the Region—the interests of the traditional Aboriginal owners of, and of other Aboriginals interested in, so much of the land within the park or reserve as is within the Region;

(bb) in the case of the Jervis Bay National Park or the Jervis Bay Botanic Gardens—the interests of the traditional Aboriginal owners of the land;

(c) the preservation of the park or reserve in its natural condition and the protection of its special features, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest;

(ca) in the case of a park or reserve managed as a botanic garden—the increase of knowledge, appreciation and enjoyment of Australia’s plant heritage by establishing, as an integrated resource, a collection of living and herbarium specimens of Australian and related plants for study, interpretation, conservation and display;

(d) the protection, conservation and management of wildlife within the park or reserve; and

(e) the protection of the park or reserve against damage.

(9) The plan of management may provide for the division of the park or reserve into zones and set out the conditions under which each zone shall be kept and maintained. (10) When the plan of management has been prepared, the Director shall, by public notice:

(a) state that the plan has been prepared;

(b) invite interested persons to make representations in connexion with the plan by such date, not being less than 1 month after the date of publication of the notice in the Gazette, as is specified in the notice;

(c) specify an address or addresses at which copies of the plan may be inspected or purchased; and

(d) specify an address to which representations in connexion with the plan may be forwarded.

(10A) If the plan of management mentioned in subsection (10) is in respect of a park or reserve wholly or partly within the Northern Territory, the Minister must, at least 14 days before the date of publication of the notice in the Gazette, serve a copy of the plan and notice:

(a) on the Conservation Commission; and

(b) if the park or reserve is also wholly or partly within a prescribed area—on the relevant Chairperson.

(10B) If the plan of management mentioned in subsection (10) is in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens, the Minister must, at least 14 days before the date of publication of the notice in the Gazette, serve a copy of the plan and notice on the Chairperson of the Wreck Bay Aboriginal Community Council. (11) A person (including the Conservation Commission, the Chairperson of an Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 or the Chairperson of the Wreck Bay Aboriginal Community Council) may, not later than the date specified in the notice, make representations to the Director in connexion with the plan of management, and the Director, or the Director together with the Board, as the case requires, shall give due consideration to any representations so made and, if the Director thinks fit, or the Director and the Board think fit, as the case requires, alter the plan accordingly. (11A) Where the Director and the Board are unable to agree on:

(a) the preparation under subsection (2) of a plan of management in respect of that park or reserve;

(b) the alteration or alterations to be made under subsection (11) to the plan of management in respect of that park or reserve; or

(c) the submission of the plan of management to the Minister under subsection (12);

the Director and the Board shall advise the Minister accordingly. (11B) Where the Minister is advised under subsection (11A) of a disagreement between the Director and the Board, the Minister shall take such steps as the Minister considers appropriate to resolve the disagreement. (11C) Where the Minister is unable to resolve the disagreement, the Minister shall appoint an arbitrator (being a person whom the Minister considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter. (11D) A person appointed under subsection (11C) shall inquire into the matter and submit a report, together with the person’s recommendations, to the Minister. (11E) Where the Minister receives a report and recommendations under subsection (11D), the Minister shall give such directions as the Minister thinks appropriate to the Director and the Board, together with a statement of the Minister’s reasons for giving the directions and a copy of the report and recommendations given to the Minister under subsection (11D). (11F) The Director and the Board shall comply with any directions given by the Minister under subsection (11E). (12) The Director shall, subject to subsection (12A), thereupon submit to the Minister:

(a) the plan of management; and

(b) if representations have been made under subsection (11)—those representations, together with the comments of the Director, or the Director and the Board, as the case requires, on those representations.

(12A) Where a Board, in conjunction with the Director, is preparing a plan of management in respect of that park or reserve, the Director shall not submit the plan of management to the Minister under subsection (12) without the consent of the Board. (13) Subject to subsection (20):

(a) in a case where the Minister is satisfied that, in relation to a plan of management in respect of a park or reserve wholly or partly within a prescribed area, there is a substantial difference of opinion between the relevant Chairperson, on the one hand, and the Director, or the Director and the Board, as the case requires, on the other hand, the Minister shall refer the plan to the Director, together with his or her suggestions, for further consideration by the Director, or by the Director together with the Board, as the case requires; or

(b) in any other case, the Minister may:

(i) accept the plan of management as submitted under subsection (12); or

(ii) refer it to the Director, together with his or her suggestions, for further consideration by the Director, or by the Director together with the Board, as the case requires.

(14) Where, under subsection (13), the Minister refers to the Director the plan of management in respect of a park or reserve wholly or partly within the Northern Territory, he or she shall cause a copy of his or her suggestions referred to the Director with the plan to be served on the Conservation Commission and, if the park or reserve is also wholly or partly within a prescribed area, on the relevant Chairperson, and the Commission and, as the case may be, the Chairperson may, within the period of 14 days after receiving a copy of the suggestions, make representations to the Director in connexion with the suggestions. (14A) If, under subsection (13), the Minister refers to the Director a plan of management in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens, the Minister must serve on the Chairperson of the Wreck Bay Aboriginal Community Council a copy of the suggestions that he or she referred to the Director with the plan. The Chairperson may, within 14 days after receiving a copy of the suggestions, make representations to the Director in relation to the suggestions. (15) Where the plan of management has been referred to the Director under subsection (13), the Director, or the Director together with the Board, as the case requires, shall, as soon as practicable after receipt of the plan or, in a case to which subsection (14) applies, after the expiration of the period referred to in that subsection, give further consideration to the plan, having regard to the suggestions of the Minister and any representations received under subsection (14), and the Director shall, subject to subsection (15A), again submit the plan, with or without alterations, to the Minister, together with:

(a) his or her comments on the suggestions of the Minister; and

(b) a copy of any representations received under subsection (14), together with his or her comments on those representations.

(15A) Where a Board, in conjunction with the Director, is preparing a plan of management in respect of that park or reserve, the Director shall not submit the plan of management to the Minister under subsection (15) without the consent of the Board. (15B) Where the Director and the Board are unable to agree on the submission of the plan of management to the Minister under subsection (15), the Director and the Board shall advise the Minister accordingly and the provisions of subsections (11B) to (11F) (inclusive) apply to and in relation to the disagreement as if the disagreement were a disagreement of the kind referred to in subsection (11A). (16) Where, under subsection (15), the Director submits a plan of management, with or without alterations, to the Minister and the plan is in respect of a park or reserve wholly or partly within a prescribed area, the Director shall, not later than the date on which the plan is so submitted to the Minister, serve on the relevant Chairperson copies of the plan and of any comments and representations submitted to the Minister under subsection (15), and the Chairperson may, within the period of 14 days after receiving the copies, submit to the Minister representations in connexion with the plan. (17) Where the Minister receives representations under subsection (16) and he or she is satisfied that there is a substantial difference of opinion between the relevant Chairperson and the Director in relation to the plan of management, the Minister may appoint a person (being a person whom the Minister considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter. (18) A person appointed under subsection (17) shall inquire into the matter and submit a report, together with his or her recommendations, to the Minister. (19) Subject to subsection (20), as soon as practicable after the plan of management is submitted to the Minister under subsection (15) or, in a case to which subsection (16) applies, after the expiration of the period referred to in that subsection, the Minister shall accept the plan as so submitted or, if he or she is of the opinion that the plan as so submitted should be altered, the plan as so submitted and altered by him or her in such manner as he or she thinks fit. (20) The Minister shall not take any action:

(a) under subsection (13)—except after giving due consideration to any representations or comments submitted to him or her under subsection (12); or

(b) under subsection (19)—except after giving due consideration to any representations or comments submitted to him or her under subsection (15) or (16), and to any report and recommendations submitted to him or her under subsection (18).

(21) When a plan of management is laid before both Houses of Parliament under section 12, the Minister shall cause the plan to be accompanied by:

(a) copies of any representations and comments, and of any report and recommendations, submitted to him or her under this section in connexion with the plan, other than those that have been given effect to in the plan; and

(b) in a case where he or she has made alterations to the plan under subsection (19)—a report specifying the alterations and setting out any views in respect of matters to which the alterations relate expressed by the Director and:

(i) in the case of a plan of management in respect of a park or reserve wholly or partly within the Northern Territory:

(A) by the Conservation Commission; and

(B) if the park or reserve is also wholly or partly within a prescribed area—by the relevant Chairperson; and

(ii) in the case of a plan of management in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens—by the Chairperson of the Wreck Bay Aboriginal Community Council.

(22) In this section:

prescribed area means:

(a) an area situated wholly or partly within the Region, and for which an Aboriginal Land Council has been established under the Aboriginal Land Rights (Northern Territory) Act 1976; or

(b) the Jervis Bay National Park or the Jervis Bay Botanic Gardens.

relevant Chairperson means:

(a) in relation to a prescribed area wholly or partly within the Region—the Chairperson of the Aboriginal Land Council for the area; or

(b) in relation to the Jervis Bay National Park or the Jervis Bay Botanic Gardens—the Chairperson of the Wreck Bay Aboriginal Community Council.

12 Plan of management to be laid before Parliament

(1) The Minister shall, as soon as practicable after a plan of management has been accepted under section 11, cause it to be laid before both Houses of the Parliament. (2) Either House of the Parliament, within 20 sitting days of that House after the plan of management has been laid before that House, may, in pursuance of a motion upon notice, pass a resolution disallowing the plan of management. (3) If neither House of the Parliament passes a resolution in accordance with subsection (2) disallowing the plan of management, the plan of management comes into operation on the day immediately following the last day upon which such a resolution could have been passed by either House. (4) If, before the expiration of 20 sitting days of a House of the Parliament after the plan of management has been laid before that House:

(a) that House is dissolved or, being the House of Representatives, expires, or the Parliament is prorogued; and

(b) a resolution for the disallowance of the plan of management has not been passed by that House;

the plan of management shall, for the purposes of this section, be deemed to have been laid before that House on the first sitting day of that House after the dissolution, expiry or prorogation, as the case may be. (5) If either House of the Parliament passes a resolution in accordance with subsection (2) disallowing the plan of management, the Minister shall give to the Director a direction that a fresh plan of management be prepared and, where the Minister gives such a direction, a fresh plan of management shall be prepared in accordance with section 11. (6) 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 or she thinks fit, stating that the plan of management has come into operation, specifying an address or addresses where copies of the plan of management may be inspected or purchased and specifying the day (being a day not later than 10 years after the day on which the plan of management came into operation) on which the plan of management is to cease to have effect. (7) The plan of management shall, unless sooner revoked, cease to have effect on the day specified by the Minister in the notice published in the Gazette. (8) It is the duty of the Director, or of the Director and the Board, as the case requires, to ensure, so far as is practicable, that, on the day on which the plan of management in respect of a park or reserve ceases to have effect under subsection (7) or as soon as practicable thereafter, a new plan of management in respect of that park or reserve comes into operation. (9) Subsections 11(2A) to (22) (inclusive) and subsections (1) to (8) (inclusive) of this section apply in relation to the new plan of management in like manner as they apply in relation to a plan of management that is not a new plan of management.

13 Amendment or revocation of plan of management

(1) Subject to subsection (2), a plan of management may be amended at any time and subsections 11(2A) to (22) (inclusive) and section 12 apply in relation to any such amendment in like manner as they apply in relation to a plan of management. (2) A plan of management shall not be amended so as to extend the period of operation of the plan to a day later than the day specified under subsection 12(6). (3) A plan of management in respect of a park or reserve may be revoked by a new plan of management in respect of that park or reserve, but the revocation shall not take effect until the new plan comes into operation.

14 Director to comply with plan of management

(1) While a plan of management is in force, the Director shall perform his or her functions and exercise his or her powers in relation to the park or reserve to which the plan relates in accordance with that plan and not otherwise. (2) Where, in respect of Aboriginal land wholly or partly within the area for which an Aboriginal Land Council has been established under the Aboriginal Land Rights (Northern Territory) Act 1976, being an area wholly or partly within the Region, a difference of opinion arises between the Chairperson of that Council and the Director as to whether the Director is performing his or her functions or exercising his or her powers in accordance with a plan of management, the Minister shall appoint a person (being a person whom he or she considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter. (2A) If, in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens, a difference of opinion arises between the Chairperson of the Wreck Bay Aboriginal Community Council and the Director as to whether the Director is performing functions or exercising powers in accordance with a plan of management, the Minister must appoint a person (whom the Minister considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter. (3) A person appointed under subsection (2) shall inquire into the matter and submit a report, together with his or her recommendations, to the Minister. (4) Upon receipt of a report and recommendations under subsection (3), the Minister shall give the Director such directions in the matter as he or she thinks fit, and the Director shall comply with those directions.

14A Disagreement between the Director and Board over implementation of plan of management

(1) Where:

(a) a Board has been established under Part IIA for a park or reserve; and

(b) the Director is of the opinion that:

(i) the implementation of a decision of the Board is likely to be substantially detrimental to the good management of that park or reserve; or

(ii) a decision of the Board is contrary to the plan of management in respect of that park or reserve;

the Director shall advise the Minister accordingly. (2) Where the Minister is advised under subsection (1) of a disagreement between the Director and the Board, the Minister shall take such steps as the Minister considers appropriate to resolve the disagreement. (3) Where the Minister is unable to resolve the disagreement, the Minister shall appoint an arbitrator (being a person whom the Minister considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter. (4) A person appointed under subsection (3) shall inquire into the matter and submit a report, together with the person’s recommendations, to the Minister. (5) Where the Minister receives a report and recommendations under subsection (4), the Minister shall give such directions as the Minister thinks appropriate to the Director and the Board, together with a statement of the Minister’s reasons for giving the directions and a copy of the report and recommendations given to the Minister under subsection (4). (6) The Director and the Board shall comply with any directions given by the Minister under subsection (5).

Part IIA—Boards

14B Interpretation

In this Part, unless the contrary intention appears:

relevant Council means:

(a) in relation to Aboriginal land in the Region—the Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 for the area in which the land is situated; or

(b) in relation to the Jervis Bay National Park or the Jervis Bay Botanic Gardens—the Wreck Bay Aboriginal Community Council.

relevant preconditions, in relation to an office of member of a Board, means the preconditions that a person must satisfy, in accordance with the section 14C notice in relation to the Board, in order to be eligible for appointment to that office.

section 14C notice means a notice under subsection 14C(1) and includes such a notice as amended or further amended under subsection 14C(4).

14C Boards

(1) Where:

(a) an area of Aboriginal land is situated wholly or partly within a prescribed park or reserve; and

(b) the Minister and the relevant Council in relation to the land:

(i) agree that a Board should be established for that park or reserve; and

(ii) agree on the matters to be specified, in accordance with subsection (2), in the notice in respect of the Board;

the Minister shall, by notice published in the Gazette, establish a Board for that park or reserve. (2) A notice under subsection (1) establishing a Board shall:

(a) specify the park or reserve for which the Board is established;

(b) specify the name by which the Board is to be known;

(c) specify the number of persons who are to constitute the Board; and

(d) subject to subsection (5), specify, in relation to each office of member of the Board, the preconditions that a person must satisfy in order to be eligible for appointment to that office.

(3) Subject to subsection (6), the Minister may, by notice published in the Gazette, revoke a notice under subsection (1) in relation to a Board. (4) Subject to subsections (5) and (6), the Minister may, by notice published in the Gazette, amend, or further amend, a notice under subsection (1) in relation to a Board so as to:

(a) change the specification of the name by which the Board is to be known;

(b) increase the number of persons who are to constitute the Board and specify, in relation to each additional office of member of the Board so created, the preconditions that a person must satisfy in order to be eligible for appointment to that office;

(c) decrease the number of persons who are to constitute the Board and specify which office or offices of member of the Board is or are abolished; or

(d) change the specification, in relation to an office of member of the Board, of the preconditions that a person must satisfy in order to be eligible for appointment to that office.

(5) Where a Board is established for a park or reserve that consists wholly of Aboriginal land, a majority of the members of the Board shall be Aboriginals nominated by the traditional Aboriginal owners of that Aboriginal land. (6) Where a Board is established for a park or reserve, the Minister shall not revoke, amend or further amend a notice under subsection (1) in relation to that park or reserve unless the relevant Council in relation to the Aboriginal land situated in that park or reserve has agreed to the revocation, amendment or further amendment, as the case requires. (7) Where the Minister, under subsection (4), amends or further amends a notice under subsection (1) in relation to a Board so as to alter the name of the Board or so as to alter the constitution of the Board, section 25B of the Acts Interpretation Act 1901 applies in relation to that alteration as if the alteration had been made by an Act. (8) The performance of the functions and the exercise of the powers of a Board are not affected by a vacancy or vacancies in the membership of the Board.

14D Functions of Boards

(1) The functions of a Board established for a park or reserve are:

(a) to prepare, in conjunction with the Director, plans of management in respect of that park or reserve;

(b) to make decisions, being decisions that are consistent with the plan of management in respect of that park or reserve, in relation to the management of that park or reserve;

(c) to monitor, in conjunction with the Director, the management of that park or reserve; and

(d) to give advice, in conjunction with the Director, to the Minister on all aspects of the future development of that park or reserve.

(2) A Board shall, in performing its functions under this Act, comply with any directions given by the Minister to the Board under section 11, 13 or 14A.

14E Appointment of members of Boards

(1) The Minister may, by instrument in writing, appoint to an office of member of a Board a person who satisfies the relevant preconditions in relation to that office. (2) Where an office of member of a Board becomes vacant, the Minister shall appoint a person to that office in accordance with subsection (1) as soon as practicable after that office becomes vacant. (3) A member of a Board holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.

14F Tenure of office

(1) A person appointed to an office of member of a Board holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment. (2) Where the instrument of appointment of a member does not specify a period of appointment in accordance with subsection (1), the instrument of appointment shall be deemed to specify that the member holds office for a period of 5 years commencing on the day of appointment. (3) Where a person is appointed to an office of member of a Board and the person ceases to satisfy the relevant preconditions in respect of the office, the person’s appointment to the office terminates at the time when the person ceases to satisfy those preconditions. (4) A member of a Board may resign office by writing signed by the member and delivered to the Minister. (5) The Minister may terminate the appointment of a member of a Board for misbehaviour or physical or mental incapacity. (6) If a member of a Board is absent, except on leave granted by the Board, from 3 consecutive meetings of the Board of which the member has had notice, the Minister may terminate the appointment of the member. (7) If a member of a Board fails, without reasonable excuse, to comply with the member’s obligations under section 14J, the Minister shall terminate the appointment of the member. (8) Where a person is appointed as a member of a Board on the nomination of a particular person, body or group of persons, the Minister shall terminate the appointment of the member if that person, body or group requests the Minister, in writing, to do so. (9) The appointment of a member of a Board is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in, or in connection with, the nomination, selection or appointment of the member.

14G Deputy members

(1) Where an appointment to an office of member of a Board established for a park or reserve may be made only in pursuance of a nomination by the traditional Aboriginal owners of Aboriginal land situated in that park or reserve, those traditional Aboriginal owners may nominate a person who satisfies the relevant preconditions in relation to that office to be the deputy of the member of the Board holding that office. (2) A member of a Board who was appointed otherwise than pursuant to a nomination by the traditional Aboriginal owners of Aboriginal land situated in the park or reserve for which the Board is established may, with the approval of the Minister, nominate a person who satisfies the relevant preconditions in relation to the member’s office to be the deputy of the member. (3) Where a person is nominated to be the deputy of a member of a Board, the person so nominated may, if the member is absent from a meeting of the Board, attend that meeting and, when so attending, shall, subject to subsection (4), be deemed to be a member of the Board. (4) A person who is nominated to be the deputy of a member of a Board shall not preside at a meeting of the Board. (5) Where the traditional Aboriginal owners of Aboriginal land situated in the park or reserve for which a Board is established nominate a person, pursuant to subsection (1), to be the deputy of a member of the Board, those traditional Aboriginal owners may revoke that nomination. (6) A member of a Board who was appointed otherwise than pursuant to a nomination by the traditional Aboriginal owners of Aboriginal land situated in the park or reserve for which the Board is established may, with the approval of the Minister, revoke a nomination made by the member under subsection (2). (7) The nomination of a person as the deputy of a member of a Board is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in or in connection with the selection or nomination of the person.

14H Presiding members

(1) A Board may, by resolution, appoint a member of the Board to be the presiding member of the Board. (2) A member appointed to be presiding member of a Board holds office, subject to subsection (3), for such period as is determined by the Board at the time of the member’s appointment to that office. (3) A member of a Board ceases to hold office as presiding member of the Board if:

(a) the member resigns that office;

(b) the Board revokes the member’s appointment to that office; or

(c) the member ceases to be a member of the Board.

14J Disclosure of interests

(1) A member of a Board who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of that interest at a meeting of the Board. (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Board.

14K Meetings

(1) Meetings of a Board shall be held at such times and places as the Board, from time to time, determines. (2) The presiding member of a Board may at any time, and, if so directed by the Minister, shall, convene a meeting of the Board. (3) Subject to the provisions of this Act, a Board shall determine its procedures and determine which persons are to be permitted to attend or participate in meetings of the Board. (4) Subject to subsections (5) and (6), at a meeting of a Board, a number of members greater than half the number of persons who constitute the Board constitute a quorum. (5) Where a Board is established for a park or reserve that consists wholly of Aboriginal land, a meeting of the Board shall not be held, or shall not continue, unless the majority of the members of the Board present at the meeting are members appointed pursuant to nominations by the traditional Aboriginal owners of that Aboriginal land. (6) A meeting of a Board shall not be held, or shall not continue, unless at least one of the members of the Board present at the meeting is a member appointed otherwise than pursuant to a nomination by the traditional Aboriginal owners of the Aboriginal land situated in the park or reserve for which the Board is established. (7) Subject to subsection (8), the presiding member of a Board shall preside at all meetings of the Board. (8) If the presiding member of a Board is absent from a meeting of the Board, the members of the Board who are present shall elect one of their number to preside at the meeting. (9) Decisions of a Board shall be determined by a majority of the members of the Board present and voting. (10) The member of a Board who is presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

Part III—The Director of National Parks and Wildlife

15 Director of National Parks and Wildlife

(1) There shall be a Director of National Parks and Wildlife, who shall be a corporation with perpetual succession.

Note: Subject to section 15A, the Commonwealth Authorities and Companies Act 1997 applies to the Director. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

(2) The corporation shall have a seal, and may sue or be sued in its corporate name. (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the corporation affixed to documents and shall presume that it was duly affixed. (4) At all times after the first appointment of a person to the office of Director, the corporation continues in existence notwithstanding any vacancy in that office.

15A Modification of the Commonwealth Authorities and Companies Act 1997

(1) Subsection 15(1) provides that the Director is a corporation. The Commonwealth Authorities and Companies Act 1997 applies (subject to subsections (2) and (3)) in relation to the corporation as if the person holding, or performing the duties of, the office of Director were a director of the corporation for the purposes of that Act. (2) Sections 27F to 27L of the Commonwealth Authorities and Companies Act 1997 do not apply in relation to the Director. (3) The Commonwealth Authorities and Companies Act 1997 applies to the Fund as though the Fund were money of the Director.

16 Functions

(1) The functions of the Director are:

(a) to administer, manage and control parks, reserves and conservation zones;

(b) to protect, conserve, manage and control wildlife;

(c) to conduct surveys, and collect statistics, of and in relation to animals and plants;

(d) to co-operate with any country in matters relating to the protection and conservation of animals and plants in that country and the establishment and management of national parks and nature reserves in that country;

(e) to provide, and assist in the provision of, training in the knowledge and skills relevant to the protection, conservation and management of wildlife and the establishment and management of national parks and nature reserves;

(f) to carry out by himself or herself or in co-operation with other institutions and persons, and to arrange for any other institution or person to carry out, research and investigations relevant to the establishment and management of national parks and nature reserves and the protection, conservation and management of wildlife;

(g) to make recommendations to the Minister in relation to:

(i) the establishment and naming of parks and reserves; and

(ii) the protection and conservation of wildlife throughout Australia;

(h) to administer the Fund;

(ha) any other functions conferred on the Director under any other Act; and

(i) to do anything incidental or conducive to the performance of any of the foregoing functions.

(2) Except as otherwise provided by this Act, the Director shall perform his or her functions and exercise his or her powers in accordance with any directions given by the Minister. (4) In relation to the performance of his or her functions and the exercise of his or her powers with respect to a park, reserve or conservation zone wholly or partly within the Northern Territory, the Director shall, from time to time, consult with, and have regard to the views of, the Conservation Commission and, if the park, reserve or conservation zone is also wholly or partly within an area for which an Aboriginal Land Council has been established under the Aboriginal Land Rights (Northern Territory) Act 1976, the Chairperson of the Council. (4A) When performing functions and exercising powers with respect to the Jervis Bay National Park or the Jervis Bay Botanic Gardens, the Director must, from time to time, consult with, and have regard to the views of, the Chairperson of the Wreck Bay Aboriginal Community Council.

17 Powers

(1) The Director has power to do all things that are necessary or convenient to be done for or in connexion with the performance of his or her functions and, in particular, has power:

(a) to enter into contracts; and

(b) to erect buildings and structures and carry on works; and

(c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Director; and

(d) to acquire, hold and dispose of real or personal property; and

(da) despite section 49, obtain goods or services on credit from any person by the use of a credit card; and

(e) to accept gifts, devises and bequests made to the Director whether on trust or otherwise, and to act as trustee of moneys or other property vested in the Director upon trust; and

(f) to do anything incidental to any of his or her powers.

(1A) The Director may, subject to the approval of the Minister, determine and impose charges:

(a) for entering or using a park or reserve or part of a park or reserve;

(b) for using services or facilities provided by the Director in or in connexion with a park, reserve or conservation zone; and

(c) for:

(i) the parking or stopping of vehicles;

(ii) the mooring or landing of vessels;

(iii) the landing of aircraft; and

(iv) the use of vehicles and vessels;

in parks and reserves.

(2) Notwithstanding anything contained in this Act, any moneys or property vested in the Director upon trust shall be dealt with in accordance with the powers and duties of the Director as trustee. (3) The Director has power to perform any of his or her functions in co-operation with a State, with an authority of the Commonwealth or of a State or with a local governing body.

17AA Disclosure of interest by Director

If the Director has a material personal interest in a matter that the Director is considering or is about to consider, the Director must give written notice of the interest to the Minister.

17A Director may obtain information and documents in relation to the Region

(1) The Director may, by notice in writing served either personally or by post on any person involved in or associated with uranium mining operations in the Region, require the person:

(a) to furnish to him or her, by writing signed by that person, or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information in the possession of the person as is specified in the notice; or

(b) to furnish to him or her, within the time and in the manner specified in the notice, such documents in the possession of the person as are specified in the notice;

being information that is, or documents that are, required for the performance of the functions or the exercise of the powers of the Director under this Act so far as those functions or powers relate to those operations. (2) A person shall not, in purported compliance with a notice served on him or her under subsection (1), knowingly furnish information that is false or misleading.

Penalty: $1,000.

(3) It is a reasonable excuse for a person to fail to furnish information or a document that he or she is required to furnish under this section if the furnishing of the information, or the document, may tend to incriminate him or her.

17B Director to have access to buildings and places in the Region

(1) The Director, or a person authorized by the Director in writing, is entitled, with the consent of the occupier, to full and free access to all buildings and places in the Region for the purpose of the performance of the functions or the exercise of the powers of the Director under this Act, so far as those functions or powers relate to uranium mining operations. (2) A person shall not, without reasonable excuse, obstruct or hinder the Director, or a person authorized by him or her, in the exercise of the powers conferred by subsection (1).

Penalty: $1,000 or imprisonment for 6 months, or both.

17C Application to Supreme Court for order with respect to information or documents

(1) Where a person who has been served with a notice under section 17A has refused or failed to comply, or to comply fully, with the notice, the Director may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against that person. (2) The person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings. (3) Where, in proceedings under this section, the Court is satisfied that all or any of the information or documents that was or were required by the notice to be furnished and has or have not been furnished:

(a) is or are in the possession of, or available to, the person against whom the order is sought; and

(b) is or are information or documents of a kind referred to in paragraph 17A(1)(a) or (b);

the Court may make an order requiring the person against whom the order is sought to furnish to the Director, within the time and in the manner specified in the order, the information or documents as to which the Court is so satisfied. (4) The Court shall not, under this section, require a person to furnish information or a document if the Court is satisfied that compliance with a requirement to furnish that information or document might tend to incriminate that person.

17D Application to Supreme Court for order with respect to access

(1) Where the occupier of a building or place has refused, or is unwilling, to consent to the entry of the Director or an authorized person into that building or place under section 17B, the Director may apply to the Supreme Court of the Northern Territory of Australia for an order under this section against the occupier. (2) A person against whom an order under this section is sought is entitled to notice of, and to appear in, the proceedings. (3) Where, in proceedings under this section, the Court is satisfied that access by the Director or an authorized person to the building or place to which the proceedings relate is necessary for the purpose referred to in subsection 17B(1), the Court may make an order requiring the person against whom the order is sought to give his or her consent, within a time specified in the order, to the entry of the Director or an authorized person into that building or place for that purpose. (4) In this section, authorized person, means a person who is an authorized person for the purposes of section 17B.

17E Secrecy

(1) Subsection (2) applies to every person who is or has been the Director or a member of the staff assisting the Director. (2) Subject to subsection (3), a person to whom this subsection applies shall not, either directly or indirectly, except in the performance of a duty under or in connexion with this Act, make a record of, or divulge or communicate to any person, any information relating to uranium mining operations in the Region, being information concerning the affairs of any other person acquired by him or her by reason of his or her office or employment under or for the purposes of this Act or otherwise in the performance of functions or the exercise of powers under this Act.

Penalty: $1,000 or imprisonment for 6 months, or both.

(3) Subsection (2) does not prevent the communication of information or the production of a document by the Director or a member of the staff assisting the Director authorized by him or her for that purpose:

(a) to the Minister, to the Secretary of a Department that deals with matters arising under this Act or to an officer of, or employee in, such a Department approved by the Secretary of that Department; or

(b) to a person to whom, in the opinion of the Minister, it is in the public interest that the information be communicated or the document be produced.

(4) Neither the Secretary of a Department that deals with matters arising under this Act nor an officer of, or employee in, that Department approved by him or her for the purposes of subsection (3) shall, either directly or indirectly, except for the purpose of advising the Minister in connexion with this Act, make a record of, or divulge or communicate to any person, any information relating to uranium mining operations in the Region communicated to him or her by the Director or by a member of the staff assisting the Director, being information concerning the affairs of another person acquired by the Director or by a member of that staff by reason of his or her office or employment under or for the purposes of this Act or otherwise in the performance of functions or the exercise of powers under this Act.

Penalty: $1,000 or imprisonment for 6 months, or both.

(5) Nothing in this section shall be taken to affect the operation of section 9 of the Ombudsman Act 1976 or the operation of any similar provision in a law of the Northern Territory that confers functions on a person similar to functions conferred on the Ombudsman by that Act. (6) A reference in this section to a member of the staff assisting the Director is a reference to a member of the Service or a person engaged under section 35 or performing functions and exercising powers by virtue of section 36 or a person to whom a delegation has been made under section 20.

17F Application of Aboriginal Land Rights (Northern Territory) Act

Subsection 70(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 does not prevent a person from entering or remaining on Aboriginal land in the exercise of powers or the performance of functions or duties under this Act.

18 Co-operation with Aboriginals

(1) Subject to subsection (2), the Director may assist and co-operate with Aboriginals in managing land to which this section applies for the purpose of the protection and conservation of wildlife in that land and the protection of the natural features of that land. (2) The Director shall not take any action under subsection (1) in relation to any land (not being land within a park, reserve or conservation zone) except:

(a) after consultation with the Aboriginals, if any, as to whom the Minister is satisfied that they have traditional rights in relation to the land; and

(b) in accordance with an agreement between the Director and:

(i) in the case of land vested in the Commonwealth—the Minister of State for Aboriginal Affairs;

(ii) in the case of land vested in a State—the Minister of that State or the authority of that State, as the case may be, having responsibility for the administration of that land; or

(iii) in the case of any other land—the person in whom, or body in which, the land is vested.

(3) With the consent of the person with whom, or the party or body with which, such an agreement is made by the Director in relation to any land, the Governor-General may, by Proclamation, assign a name to that land. (4) This section applies to:

(a) land vested in an Aboriginal or Aboriginals or in a body corporate that is wholly owned by Aboriginals;

(b) land held upon trust for the benefit of Aboriginals; or

(c) any other land occupied by Aboriginals.

19 Wildlife conservation programs

(1) The Director may:

(a) formulate and implement; and

(b) co-operate with a State or the Northern Territory or with an authority of a State or of the Northern Territory in formulating and implementing;

programs for the purposes of the protection, conservation, management and control of wildlife. (2) A program formulated under subsection (1) shall be based upon, among other matters:

(a) an examination of the habitat of the wildlife to which the program relates;

(b) an evaluation of the extent to which parks and reserves (including parks and reserves established under a law of a State or Territory) assist in the conservation of the wildlife to which the program relates;

(c) an assessment and analysis of the population of the wildlife to which the program relates; and

(d) consideration of the obligations of Australia under agreements between Australia and other countries relating to the protection and conservation of wildlife;

and shall provide for the review, at appropriate intervals, of the matters referred to in paragraphs (a), (b), (c) and (d). (3) This section is not intended to exclude or limit the concurrent operation of any law of a State or of the Northern Territory. (4) A program shall not be implemented by the Director under this section until it has been approved by the Minister.

20 Delegation

(1) Subject to any directions of the Minister, the Director may, by writing signed by him or her, delegate to a person all or any of his or her powers and functions under this Act (except this power of delegation). (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation. (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Director.

21 Contracts and leases

(1) The Director shall not, without the approval of the Minister:

(a) enter into a contract involving the payment or receipt of an amount exceeding $250,000 or, if a higher amount is prescribed, that higher amount; or

(b) take any land on lease for a period exceeding 10 years.

(2) Subsection (1) does not apply in relation to a lease of Aboriginal land.

22 Appointment of Director

(1) The Director shall be appointed by the Governor-General. (2) The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.

23 Qualifications

A person shall not be appointed to be the Director unless he or she has such qualifications and experience in connexion with national parks or the conservation and management of animals and plants as, in the opinion of the Governor-General, render him or her suitable for the appointment.

24 Term of office

(1) The Director shall be appointed for such period, not exceeding 7 years, as is specified in the instrument of appointment, but is eligible for re-appointment. (2) A person who has attained the age of 65 years shall not be appointed or re-appointed as the Director, and a person shall not be appointed or re-appointed as the Director for a period that extends beyond the date on which he or she will attain the age of 65 years.

25 Remuneration and allowances

(1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed. (2) Subject to the Remuneration Tribunal Act 1973-1974, the Director shall be paid such allowances as are prescribed.

26 Leave of absence

(1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Minister may grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

27 Resignation

The Director may resign his or her office by writing signed by him or her and delivered to the Governor-General.

28 Termination of office

(1) The Governor-General may terminate the appointment of the Director by reason of misbehaviour or physical or mental incapacity. (2) If the Director:

(a) engages in paid employment outside the duties of his or her office without the approval of the Minister;

(b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

(c) becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

the Governor-General shall terminate his or her appointment.

29 Acting Director

(1) The Minister may appoint a person to act as the Director:

(a) during a vacancy in the office of Director, whether or not an appointment has previously been made to the office; or

(b) during any period, or during all periods, when the Director is absent from duty or from Australia or, for any reason, is unable to perform the functions of his or her office.

(2) A person appointed to act during a vacancy shall not continue so to act for more than 12 months. (3) The Minister may:

(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and

(b) at any time terminate such an appointment.

(4) Where a person is acting in the office of Director in accordance with paragraph (1)(b), and the office becomes vacant while he or she is so acting, he or she may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. (5) The appointment of a person under this section ceases to have effect if he or she resigns the appointment by writing signed by him or her and delivered to the Minister. (6) The validity of anything done by a person appointed under this section shall not be called in question on the ground that the occasion for his or her appointment had not arisen or that his or her appointment had ceased to have effect.

30 Powers etc. of Acting Director

(1) At any time when a person is acting in the office of Director he or she has, and may exercise, all the powers, and shall perform all the functions, of the Director and shall be deemed to be the Director for the purposes of any reference to the Director in any other law. (2) At any time when a person is acting in the office of Director in accordance with paragraph 29(1)(a), he or she shall be deemed to constitute the corporation referred to in section 15.