NORTHERN TERRITORY OF AUSTRALIA
PARKS AND RESERVES (FRAMEWORK FOR THE FUTURE) ACT 2003
As in force at 31 May 2005
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Purpose ........................................................................................... 1
4 Definitions ........................................................................................ 2
5 Act binds Crown .............................................................................. 3
6 Relationship with other laws ............................................................ 3
7 Responsible Minister ....................................................................... 3
Part 2 Framework
8 Chief Minister authorised to do certain things .................................. 3
9 Park freehold title............................................................................. 4
10 Conditions to which exercise of Chief Minister's authority is
subject ............................................................................................. 6
11 Exercise of power not impeachable for informality or
irregularity ........................................................................................ 8
12 Creation of reservations from occupation ........................................ 8
13 Power to amend Schedule 1, 2, 3 or 5 to omit parks, reserves
or Aboriginal land............................................................................. 9
14 Power to amend Schedule 1, 2 or 3 to excise or include
community living areas .................................................................... 9
15 Development provisions for park freehold land.............................. 10
16 Sunset provision ............................................................................ 11
Part 3 Miscellaneous
17 Regulations.................................................................................... 11
Schedule 1 Parks and reserves to be included in
Schedule 1 to ALRA
Schedule 2 Parks and reserves over which park
freehold title is to be granted
Schedule 3 Other parks and reserves for which joint
management agreements are to be entered
into
Parks and Reserves (Framework for the Future) Act 2003 ii
Schedule 4 Principles for lease of parks and reserves
to Territory
Schedule 5 Aboriginal land to be included in parks and
reserves
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 31 May 2005
PARKS AND RESERVES (FRAMEWORK FOR THE FUTURE) ACT 2003
An Act to provide a framework for negotiations between the Territory
and the traditional Aboriginal owners of certain parks and reserves for
the establishment, maintenance and management of a comprehensive
system of parks and reserves, and for related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Parks and Reserves (Framework for
the Future) Act 2003.
2 Commencement
This Act comes into operation on the date fixed by the Administrator
by notice in the Gazette.
3 Purpose
(1) The purpose of this Act is to provide a framework for negotiations
between the Territory and the traditional Aboriginal owners of
certain parks and reserves for the establishment, maintenance and
management of a comprehensive system of parks and reserves.
(2) A comprehensive system of parks and reserves is one that:
(a) is developed in partnership between the Territory and the
traditional Aboriginal owners of the parks and reserves;
(b) benefits those traditional Aboriginal owners by recognising,
valuing and incorporating indigenous culture, knowledge and
decision making processes;
(c) protects biological diversity;
(d) serves the educational and recreational needs of Territorians
and visitors to the Territory; and
(e) enjoys widespread community support.
Section 1 - Parks and Reserves (Framework for the Future) Act 2003 - Parks and Reserves (Framework for the Future) Act 2003 | Zoe
Part 1 Preliminary
Parks and Reserves (Framework for the Future) Act 2003 2
4 Definitions
(1) In this Act, unless the contrary intention appears:
Aboriginal land has the same meaning as in ALRA.
Aboriginal Land Trust means an Aboriginal Land Trust
established under ALRA.
ALRA means the Aboriginal Land Rights (Northern Territory)
Act 1976 of the Commonwealth.
indigenous land use agreement has the same meaning as in the
NTA.
infrastructure facility has the same meaning as in the NTA.
joint management agreement, for a park or reserve, means an
agreement between the Territory and the traditional Aboriginal
owners of the park or reserve about the management of the park or
reserve.
Land Council has the same meaning as in ALRA.
mining interest means an exploration licence, exploration retention
licence or mining tenement within the meaning of the Mining
Act 1982.
native title rights and interests has the same meaning as in the
NTA.
NTA means the Native Title Act 1993 of the Commonwealth.
park means:
(a) a park declared, or purportedly declared, under section 12 of
the Territory Parks and Wildlife Conservation Act 1976; or
(b) an area of land proposed to be declared as a park under
section 12 of the Territory Parks and Wildlife Conservation
Act 1976.
park freehold land means land over which park freehold title is
granted.
park freehold title has the meaning in section 9.
Park Land Trust means a Park Land Trust established under
section 9(3).
Part 2 Framework
Parks and Reserves (Framework for the Future) Act 2003 3
Planning Minister means the Minister for the time being
administering the Planning Act 1999.
reserve means:
(a) a reserve declared, or purportedly declared, under section 12
of the Territory Parks and Wildlife Conservation Act 1976; or
(b) an area of land proposed to be declared as a reserve under
section 12 of the Territory Parks and Wildlife Conservation
Act 1976.
traditional Aboriginal owners has the same meaning as in ALRA.
(2) In this Act, a reference to the traditional Aboriginal owners of a park
or reserve includes a reference to the traditional Aboriginal owners
of part of the park or reserve.
5 Act binds Crown
This Act binds the Crown in right of the Territory and, to the extent
the legislative power of the Legislative Assembly permits, the
Crown in all its other capacities.
6 Relationship with other laws
(1) This Act applies despite any other law of the Territory.
(2) This Act must be read and construed in a manner consistent with
ALRA and the NTA.
7 Responsible Minister
The Chief Minister is responsible for the administration of this Act.
Part 2 Framework
8 Chief Minister authorised to do certain things
Subject to section 10, the Chief Minister is authorised to do the
following things:
(a) request the Commonwealth Minister responsible for the
administration of ALRA to use his or her best endeavours to
effect an amendment of Schedule 1 to ALRA to include in that
Schedule the parks and reserves specified in Schedule 1;
Part 2 Framework
Parks and Reserves (Framework for the Future) Act 2003 4
(b) grant, under sections 9(1) and 10(1) and (2) of the Crown
Lands Act 1992 as applied by section 9(9) of this Act, park
freehold title over the parks and reserves specified in
Schedule 2;
(c) execute, on behalf of the Territory, a lease to the Territory of
each of the parks and reserves specified in Schedules 1
and 2;
(d) execute, on behalf of the Territory, a joint management
agreement for each of the parks and reserves specified in
Schedules 1, 2 and 3;
(e) execute, on behalf of the Territory, one or more indigenous
land use agreements to enable the things referred to in
paragraphs (b), (c) and (d) to be done;
(f) any other thing necessary or convenient to be done to enable
the things referred to in paragraphs (a) to (e) (inclusive) to be
done.
9 Park freehold title
(1) Park freehold title is an estate in fee simple granted over land that
is a park or reserve.
(2) The following applies in relation to the estate in fee simple:
(a) the estate can only be granted to a Park Land Trust in trust for
the benefit of Aboriginals entitled by Aboriginal tradition to the
use or occupation of the land, whether or not the traditional
entitlement is qualified as to place, time, circumstance,
purpose or permission;
(b) the estate is granted subject to any native title rights and
interests in the land but free of all other estates and interests
in that land;
(c) the estate cannot be sold and can only be transferred to
another Park Land Trust in trust for the benefit of the
Aboriginals referred to in paragraph (a);
(d) the estate cannot be mortgaged or otherwise encumbered;
(e) subject to the joint management agreement for the park or
reserve, the estate can be leased or sub-leased and the
resulting leasehold or sub-leasehold interest can be
mortgaged;
Part 2 Framework
Parks and Reserves (Framework for the Future) Act 2003 5
(f) the estate may, with the agreement of the Territory, be
surrendered (in whole or in part) to the Territory:
(i) so that the whole or part of the land can be used by the
Territory otherwise than as a park or reserve; or
(ii) to facilitate the grant of the whole or part of the land to
the traditional Aboriginal owners of the land so it can be
used by those traditional Aboriginal owners for a
specified purpose;
(g) the estate can only be compulsorily acquired under the Lands
Acquisition Act 1978 for a public purpose that:
(i) will confer a right or interest on the Territory; or
(ii) is an infrastructure facility;
(h) if the estate is compulsorily acquired under the Lands
Acquisition Act 1978, the compensation payable for the
acquisition is to be determined as if the estate is an estate in
fee simple free of the restrictions and conditions specified in
paragraphs (a) to (g) (inclusive).
(3) The Chief Minister may, by notice in the Gazette, establish a body
corporate (to be known as a Park Land Trust), subject to the
conditions (if any) specified in the notice, for the purpose of holding
park freehold title in trust for the benefit of Aboriginals entitled by
Aboriginal tradition to the use or occupation of the land over which
the park freehold title is granted, whether or not the traditional
entitlement is qualified as to place, time, circumstance, purpose or
permission.
(4) A Park Land Trust:
(a) is a body corporate with perpetual succession;
(b) must have a common seal; and
(c) is capable, in its corporate name, of suing and being sued.
(5) All courts, judges and persons acting judicially must take judicial
notice of the common seal of a Park Land Trust and must presume
it was duly affixed.
(6) A Park Land Trust has the following functions:
(a) to hold park freehold title;
Part 2 Framework
Parks and Reserves (Framework for the Future) Act 2003 6
(b) to enter into agreements relating to the park freehold title held
by the Trust.
(7) A Park Land Trust has the powers that are necessary or convenient
for the performance of its functions.
(8) The Regulations may provide for:
(a) the membership of a Park Land Trust;
(b) the procedures of a Park Land Trust; or
(c) any other matter relating to the administration of a Park Land
Trust.
(8A) Despite subsections (4), (6) and (7), the Regulations may limit the
powers of a Park Land Trust.
(9) Sections 9(1) and 10(1) and (2) of the Crown Lands Act 1992 apply
in relation to the grant of park freehold title as if:
(a) a reference to the Minister were a reference to the Chief
Minister;
(b) a reference to an estate in fee simple were a reference to park
freehold title; and
(c) a reference to a person who has a right to be granted an
estate in fee simple were a reference to a Park Land Trust to
which park freehold title is to be granted,
but this subsection does not require compliance with any other
provision of the Crown Lands Act 1992 before park freehold title is
granted.
10 Conditions to which exercise of Chief Minister's authority is
subject
(1) The Chief Minister is only authorised to do the things specified in
section 8 if the following conditions are complied with on or before
the date prescribed by section 16(1):
(a) the applicants in the applications referred to in section 50(1)(a)
of ALRA relating to the parks and reserves specified in
Schedules 2 and 3 have agreed to withdraw their applications;
Part 2 Framework
Parks and Reserves (Framework for the Future) Act 2003 7
(b) one or more indigenous land use agreements or other legally
enforceable agreements have been executed in respect of the
parks and reserves specified in Schedules 1, 2 and 3:
(i) dealing with compensation for the effect of the
declaration or purported declaration and use of those
parks and reserves on native title rights and interests;
and
(ii) facilitating future development in those parks and
reserves;
(c) the terms of the leases referred to in section 8(c) have been
agreed between the parties and are in accordance with the
principles set out in Schedule 4;
(d) subject to subsection (2), the terms of the joint management
agreements referred to in section 8(d) have been agreed
between the parties;
(e) the terms of the indigenous land use agreements referred to in
section 8(e) have been agreed between the parties, are in
accordance with the principles set out in Schedule 4, and are
consistent with the terms of the relevant joint management
agreements referred to in paragraph (d);
(f) each Aboriginal Land Trust holding an area of Aboriginal land
specified in Schedule 5, which is land adjoining one or more
parks and reserves specified in Schedule 1, have agreed:
(i) to lease that area of Aboriginal land to the Territory for
inclusion in the parks and reserves it adjoins on terms
that are in accordance with the principles set out in
Schedule 4; and
(ii) that, when that area of Aboriginal land is included in
those parks and reserves, it will be subject to the
relevant joint management agreements referred to in
paragraph (d).
(2) Each of the joint management agreements referred to in
subsection (1)(d) must specify that Territorians and visitors to the
Territory are permitted to enter the park or reserve to which the
agreement relates without payment of an entry fee.
(3) This Act does not require any 2 or more of the indigenous land use
agreements, leases, joint management agreements or other legally
enforceable agreements referred to in subsection (1) to be in the
same terms.
Part 2 Framework
Parks and Reserves (Framework for the Future) Act 2003 8
11 Exercise of power not impeachable for informality or
irregularity
The exercise by the Chief Minister of a power under section 8 is not
to be impeached because of an informality or irregularity in the
compliance with any of the conditions specified in section 10(1)
except on the ground that the exercise of the power was not in
good faith.
12 Creation of reservations from occupation
(1) The parks and reserves specified in Schedules 1, 2 and 3 are taken
to be reserved from occupation under section 178 of the Mining
Act 1982 as if the requirements of that Act relating to reserving
those parks and reserves from occupation had been complied with
and that Act applies in relation to those reservations accordingly.
(2) Subsection (1) does not apply to any land within a park or reserve
specified in Schedule 1, 2, or 3 that:
(a) immediately before 19 September 2003, was the subject of an
application for a mining interest; or
(b) immediately before the day on which this Act commenced,
was occupied by a mining interest.
(3) If:
(a) all applications for mining interests relating to an area of land
referred to in subsection (2)(a) have been refused; or
(b) an area of land referred to in subsection (2)(b) ceases to be
occupied by a mining interest,
the area of land is taken to be reserved from occupation under
section 178 of the Mining Act 1982 as if the requirements of that Act
relating to reserving that land from occupation had been complied
with and that Act applies in relation to those reservations
accordingly.
(4) As soon as practicable after the conditions specified in
section 10(1) have been complied with, the Chief Minister must, by
notice in the Gazette, revoke the reservations from occupation
created by this section, which revocation takes effect as if the
requirements of the Mining Act 1982 relating to revoking such
reservations had been complied with.
Part 2 Framework
Parks and Reserves (Framework for the Future) Act 2003 9
13 Power to amend Schedule 1, 2, 3 or 5 to omit parks, reserves
or Aboriginal land
(1) Subject to this section, the Chief Minister may, by notice in the
Gazette, amend:
(a) Schedule 1, 2 or 3 to omit a park or reserve from that
Schedule; or
(b) Schedule 5 to omit an area of Aboriginal land from that
Schedule.
(2) The power under subsection (1) must not be exercised unless:
(a) the Land Council for the part of the Territory in which the park,
reserve or area of Aboriginal land is located advises the Chief
Minister in writing at least 6 weeks before 31 July 2004 that, in
the Land Council's opinion, the traditional Aboriginal owners of
the park, reserve or area of Aboriginal land (as the case may
be) will not comply with the conditions specified in
section 10(1); and
(b) the Chief Minister is satisfied that the omission of the park,
reserve or area of Aboriginal land will not defeat the purpose
of this Act.
(3) The power under subsection (1) may only be exercised on one
occasion in respect of a schedule but, on that occasion, one or
more parks, reserves or areas of Aboriginal land may be omitted
from the schedule.
(4) The power under subsection (1) may only be exercised on or before
31 July 2004.
14 Power to amend Schedule 1, 2 or 3 to excise or include
community living areas
(1) The Chief Minister may, by notice in the Gazette, amend
Schedule 1, 2 or 3 to:
(a) excise from a park or reserve an area of land to be the subject
of a grant under section 46(1A) of the Lands Acquisition
Act 1978 for the purposes of an Aboriginal community living
area; or
(b) include in a park or reserve an area of land that is the subject
of a grant under section 46(1A) of the Lands Acquisition
Act 1978 for the purposes of an Aboriginal community living
area.
Part 2 Framework
Parks and Reserves (Framework for the Future) Act 2003 10
(2) The power under subsection (1) may only be exercised in respect
of a park or reserve with the agreement of the Land Council for the
part of the Territory in which the park or reserve is located.
15 Development provisions for park freehold land
(1) The Planning Scheme under the Planning Act 1999 is taken to
include development provisions applying to park freehold land and,
subject to this section, the Planning Act 1999 (except Part 6)
applies accordingly.
(2) The Planning Minister is the consent authority for park freehold
land.
(3) The development provisions under subsection (1) allow the use and
development of park freehold land for any of the following purposes
without the consent of the consent authority:
(a) a park or reserve;
(b) commercial activities that are consistent with the use as a park
or reserve;
(c) an Aboriginal community living area.
(4) The development provisions under subsection (1) allow any other
use or development of park freehold land only with the consent of
the consent authority.
(5) Part 5, Division 2 of the Planning Act 1999 does not apply in
relation to a development application in respect of park freehold
land unless the Planning Minister determines that, in the
circumstances of the particular application, it is appropriate for that
Division to apply.
(6) Despite any development provisions in force under the Planning
Act 1999 immediately before the commencement of this section,
the use of park freehold land for a purpose specified in
subsection (3) is taken to be an existing use of park freehold land
under Part 4 of the Planning Act 1999.
(7) An amendment of Schedule 2 under section 13 or 14 does not
create, or have the effect of creating, a subdivision within the
meaning of the Planning Act 1999.
(8) The development provisions under subsection (1) prevail over any
other development or other provision under the Planning Scheme
or a provision of the Planning Act 1999, whether the provision was
in force before or after the commencement of this section.
Part 3 Miscellaneous
Parks and Reserves (Framework for the Future) Act 2003 11
16 Sunset provision
(1) The date prescribed for section 10(1) is 2 February 2005.
(4) If the conditions specified in section 10(1) are not complied with on
or before the date prescribed by or under subsection (1), on the day
after that date, the Chief Minister must publish in the Gazette a
notice stating that:
(a) the conditions specified in section 10(1) have not been
complied with; and
(b) as a consequence:
(i) this Act expires; and
(ii) the reservations from occupation created by section 12
are taken to be revoked as if the requirements of the
Mining Act 1982 relating to revoking such reservations
had been complied with.
(5) A notice under subsection (4) has effect according to its tenor.
Part 3 Miscellaneous
17 Regulations
The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
Schedule 1 Parks and reserves to be included in Schedule 1 to ALRA
Parks and Reserves (Framework for the Future) Act 2003 12
Schedule 1 Parks and reserves to be included in
Schedule 1 to ALRA
sections 8, 10, 12, 13 and 14
Arltunga Historical Reserve
Chamber's Pillar Historical Reserve
Corroboree Rock Conservation Reserve
Davenport Range National Park (proposed)
Devils Marbles Conservation Reserve
Emily and Jessie Gaps Nature Park (including the Heavitree Range
extension)
Ewaninga Rock Carvings Conservation Reserve
Finke Gorge National Park
Gregory National Park
Gregory's Tree Historical Reserve
N'Dhala Gorge Nature Park
Trephina Gorge Nature Park
West MacDonnell National Park (including Simpson's Gap National
Park, Ellery Creek Big Hole Nature Park, Ormiston Gorge and
Pound Nature Park, Serpentine Gorge Nature Park, Glen Helen
Gorge Nature Park, Redbank Nature Park and the proposed Alice
Valley extension)
Schedule 2 Parks and reserves over which park freehold title is to be granted
Parks and Reserves (Framework for the Future) Act 2003 13
Schedule 2 Parks and reserves over which park freehold
title is to be granted
sections 8, 10, 12, 13 and 14
Dulcie Range National Park
Kuyunba Conservation Reserve
Native Gap Conservation Reserve
Watarrka National Park
Schedule 3 Other parks and reserves for which joint management agreements are to be
entered into
Parks and Reserves (Framework for the Future) Act 2003 14
Schedule 3 Other parks and reserves for which joint
management agreements are to be entered into
sections 8, 10, 12, 13 and 14
Alice Springs Telegraph Station Historical Reserve
Black Jungle / Lambells Lagoon Conservation Reserve
Flora River Nature Park
Fogg Dam Conservation Reserve
Harrison Dam Conservation Reserve
Mac Clark (Acacia Peuce) Conservation Reserve
Mary River National Park (proposed)
Melacca Swamp Conservation Area
Rainbow Valley Conservation Reserve
Ruby Gap Nature Park
Schedule 4 Principles for lease of parks and reserves to Territory
Parks and Reserves (Framework for the Future) Act 2003 15
Schedule 4 Principles for lease of parks and reserves to
Territory
section 10
The term of the lease is 99 years.
The parties to the lease must negotiate in good faith for the renewal
of the lease.
The lease must not extinguish native title rights or interests.
The lease purposes:
(a) must include the use of the land the subject of the lease as a
park or reserve; and
(b) may include the use of the land the subject of the lease for
commercial activities that are consistent with its use as a park
or reserve and conducted in accordance with the joint
management agreement for the park or reserve.
If the land the subject of the lease is Aboriginal land, the lease must
require the lessor to permit Territorians and visitors to the Territory
to enter the park or reserve without an entry permit.
The lessee must give preference to the participation of the
traditional Aboriginal owners of the park or reserve in any
commercial activities conducted under the lease.
The lease must permit the traditional Aboriginal owners of the park
or reserve to use the land the subject of the lease in accordance
with the joint management agreement for the park or reserve.
The lease must permit the grant under section 46(1A) of the Lands
Acquisition Act 1978 of part of the land the subject of the lease for
the purposes of an Aboriginal community living area in accordance
with the joint management agreement for the park or reserve.
Schedule 5 Aboriginal land to be included in parks and reserves
Parks and Reserves (Framework for the Future) Act 2003 16
Schedule 5 Aboriginal land to be included in parks and
reserves
sections 10 and 13
Aboriginal land adjoining Davenport Range National Park
(proposed) (including an area enclosed by the boundaries of the
proposed park and the Epenarra-Murray Downs Road)
Aboriginal land adjoining Gregory National Park (including land
linking the 2 separate sections of the park)
ENDNOTES
Parks and Reserves (Framework for the Future) Act 2003 17
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Parks and Reserves (Framework for the Future) Act 2003 (Act No. 9, 2004)
Assent date 7 January 2004
Commenced 14 April 2004 (Gaz G15, 14 April 2004, p 5)
Parks and Reserves (Framework for the Future) (Revival) Act 2005 (Act No. 3, 2005)
Assent date 4 March 2005
Commenced pt 2, ss 6 and 7: 1 January 2005; s 8: 1 February 2005;
rem: 4 March 2005 (s 2)
Territory Parks and Wildlife Conservation Amendment Act 2005 (Act No. 4, 2005)
Assent date 4 March 2005
Commenced 31 May 2005 (Gaz S23, 31 May 2005)
3 GAZETTE NOTICES
Gaz G30, 28 July 2004, p 2
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 8, 9, 12, 14, 15 and 16
and sch 4.
5 LIST OF AMENDMENTS
s 9 amd No. 4, 2005, s 5
s 10 amd No. 3, 2005, s 6
s 16 amd No. 3, 2005, s 7
sch 1 amd Gaz G30
ENDNOTES
Parks and Reserves (Framework for the Future) Act 2003 18
sch 2 amd No. 3, 2005, s 8
sch 3 amd Gaz G30
sch 5 amd Gaz G30