Territory Parks and Wildlife Conservation Act 1976

Traditional Aboriginal owners: The Act operates within the Aboriginal land rights framework. Joint management provisions in Part 3 (particularly Division 1A through Division 7) recognise and formalise the role of traditional owners, Land Councils, and Aboriginal corporations in managing parks and reserves on Aboriginal land or under joint management agreements.

Pastoralists and land owners: Feral animal control obligations (sections 49) require land owners and occupiers in declared feral animal control areas to take measures for feral animal eradication. Conservation officers may enter private land in control areas. Permitted farming and pastoral activities may interact with protected wildlife and prohibited entrant provisions.

Permit holders and wildlife dealers: Any person who needs to interact with protected wildlife for commercial, scientific, or personal purposes must hold a permit under the permit provisions of Part 4. Wildlife trade and export require permits.

Tour operators and researchers: Access to parks and reserves, and activities conducted within them, must comply with plans of management and any applicable by-laws.

Mining and resources industry: Mining, prospecting, and petroleum activities in parks and reserves require authorisation under sections 17 (for ordinary parks) or 25AL (for joint management parks). Mining interests must be evaluated against park values.

Plan of management compliance: All activities in parks and reserves must comply with the applicable plan of management (sections 21 and 25AI). There are offences for using or developing land in a park contrary to the plan.

Wildlife protection: Subject to exceptions, it is prohibited to kill, take, possess, buy, sell, or interfere with protected wildlife without a permit (Part 4 Division 3 detailed provisions).

Prohibited entrant prevention: Persons must not release or permit prohibited entrants (non-indigenous vertebrates and declared species) to escape into the Territory without authorisation.

Feral animal control: Owners and occupiers of land in declared feral animal control areas must comply with Director's notices requiring eradication measures (section 49).

Permit conditions: Permit holders for protected wildlife must comply with permit conditions. Failure to comply with a notice requiring return of protected wildlife to the Director: maximum 50 penalty units or 6 months imprisonment (section 46(2)).

Administrator's declaration powers: The Administrator may declare parks and reserves (section 12), revoke them (section 13), and approve plans of management.

Minister's powers: May declare lawful dealings with certain protected wildlife (section 44), declare it lawful to kill specified wildlife (section 45), declare feral animals (section 47) and feral animal control areas (section 48), and declare prohibited entrants (section 53).

Director's powers: Issue permits for wildlife interactions; serve notices requiring land owners to control feral animals (section 49); provide materials for feral animal control (section 50); issue notices requiring return of protected wildlife (section 46); and issue instructions for managing feral animal infestations.

Commission management programs: The Commission may formulate and implement wildlife management programs (section 32). Programs must take into account conservation classifications, habitat, population trends, and international treaty obligations. Programs are subject to Administrator approval (section 34).

Co-operative management agreements (section 35): The Commission may enter into agreements with land owners, Aboriginal corporations, Land Councils, and others for collaborative wildlife management.

Conservation officer entry powers: Conservation officers may enter feral animal control areas (section 51), conduct inspections, and take action for investigation, control, or eradication of feral animals.

Wildlife offences: Specific penalties are set out in the detailed provisions of Part 4. Failure to comply with a feral animal control notice: 50 penalty units or 6 months imprisonment plus 5 penalty units per continuing day (section 49(2)). Failure to return protected wildlife to the Director: 50 penalty units or 6 months imprisonment (section 46(2)).

Sanctuary offences (sections 25C-25F): Entry without authority, possession of firearms or traps, killing animals, or taking plants in a sanctuary are prohibited and carry penalties under those sections.

Park development offences (section 21J, 25AKJ): Using or developing land in a park or reserve without authorisation under the plan of management or a relevant authorisation is an offence.

Regulatory offences: Many offences in the Act are classified as regulatory offences, which have significance under NT criminal procedure.

Declaring a park: Administrator proclaims the declaration by Gazette notice. The declaration vests the management of the land in the Commission.

Plan of management process: Commission prepares a draft; the plan is tabled in the Legislative Assembly for 90 days (section 19); comments considered; Administrator approves. Plans may be amended or revoked.

Joint management process: Minister may execute a joint management agreement with traditional owners under section 23A. Joint management plans are prepared through a collaborative process (sections 25AD-25AI), tabled in the Legislative Assembly (section 25AF), and come into operation when the Minister gives notice (section 25AG).

Wildlife classification: Minister classifies wildlife by conservation status (section 29). A public consultation process applies: notice is given, submissions are invited within 30 days, submissions are considered, the classification is revised, and presented to the Administrator for approval (section 29(2)). Classification has effect from the date of the Minister's public notice of approval (section 29(6)).

Management program timelines: Programs are submitted to the Administrator for approval under section 34. The Commission must review programs at appropriate intervals.

Permit application: Persons apply to the Director for permits. Conditions may be imposed. Permits may be revoked.

Aboriginal Land Rights (Northern Territory) Act 1976 (Cth): The joint management framework in Part 3 operates within the ALRA framework. Land Councils and Aboriginal Land Trusts under the ALRA have specific functions in relation to joint management parks and reserves (sections 25AN-25AP).

Parks and Wildlife Commission Act 1980 (NT): The Commission and Director referred to throughout this Act are constituted under the Parks and Wildlife Commission Act 1980.

Fisheries Act 1988 (NT): Part 4 of this Act does not apply to aquatic life caught or harvested under licences or forming part of a managed fishery under the Fisheries Act 1988 (section 26).

Mineral Titles Act 2010 (NT) and Petroleum Act 1984 (NT): Mining interests in parks and reserves are subject to sections 17 (for ordinary parks) and 25AL (for joint management parks), which limit the application of the Mineral Titles Act and Petroleum Act within declared areas.

Parks and Reserves (Framework for the Future) Act 2003 (NT): The Framework Act established Park Land Trusts and certain joint management processes. Referenced in the definitions in section 9.

Land Title Act 2000 (NT): Section 4(4) empowers the Commission to cause amendments to land register records to reflect transition from the former Reserves Board to the Commission.

Plans of management have legal force: Activities in a park or reserve that are inconsistent with the plan of management are not merely administratively non-compliant; they are criminal offences (sections 21 and 21H for authorisation compliance). Developers and tour operators must consult the plan before commencing any activity.

Non-indigenous vertebrates are automatically prohibited: Under section 52, all non-indigenous vertebrate animals are prohibited entrants in the Territory unless specifically exempted by regulation. Pet owners, researchers, and commercial operators importing or keeping non-indigenous vertebrates need to check both this Act and applicable exemptions carefully.

Joint management plans override earlier plans of management in some respects: For joint management parks and reserves, the joint management plan may complement or supersede the earlier plan of management. The relationship between the two planning instruments must be examined for each park.

Feral animal control areas can impose positive obligations on private land owners: Section 49 can require owners and occupiers to eradicate feral animals on their property. These are not merely permission to do so; they are legally enforceable obligations backed by criminal sanctions.

Compensation for lawful damage by conservation officers: Section 51(2) provides that if a conservation officer causes damage to land, crops, buildings, or fences in the course of feral animal control, the owner is entitled to compensation unless: the damage was caused without negligence; and the owner was required to control the feral animal but failed to do so.

Tourism operator in Kakadu-adjacent park: An NT tour operator wishes to conduct helicopter scenic flights over a joint management park. The activity must comply with the joint management plan for the relevant park. If not expressly permitted under the plan, the operator must apply for an authorisation under the joint management authorisation provisions (sections 25AKB and 25AKC). Factors relevant to the authorisation include the impact on wildlife, habitat, and the joint management objective (section 25AKD).

Researcher taking protected wildlife samples: A university researcher needs to collect tissue samples from a protected species of lizard. A permit must be obtained from the Director under Part 4. The permit will specify the species, the method, the number of animals that may be interfered with, and the conditions for sample handling and reporting.

Pastoralist confronted with a feral animal control notice: A station owner receives a Director's notice under section 49 requiring the eradication of feral cats on a declared feral animal control area within the station boundaries. The owner must take all reasonable steps to comply. If the owner fails, they commit an offence (up to 50 penalty units or 6 months imprisonment plus continuing daily penalties). However, if the Director provides materials and assistance under section 50, the owner is expected to cooperate.

Aboriginal land holder and joint management agreement: A Land Trust in the NT holds title to land that has been declared a joint management park. Under Part 3, the Land Trust, the Land Council, and the Commission enter into a joint management agreement under section 23A. A joint management plan is prepared through a collaborative process setting out how the park will be managed and how the joint management partners will exercise their respective roles.