8AConservation zones

##### 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.