Sch 1to that Act.

Schedule 1 to that Act. Division 3 Joint management partners, objective and principles 25AA Joint management partners reserve are: (a) the Territory or a body nominated by the Territory as the representative of the Territory; and (b) the traditional Aboriginal owners of the park or reserve. (2) The joint management partners are together responsible for the management of the park or reserve. (3) The joint management partners must perform their functions under this Part in respect of the park or reserve in a manner that: (a) is consistent with the relevant agreements for the park or reserve; and (b) achieves the objective stated in section 25AB; and (c) is in accordance with the principles stated in section 25AC; and (d) is in accordance with the joint management plan for the park 25AB Objective of joint management The objective of joint management of a joint management park or reserve is to jointly establish an equitable partnership to manage and maintain the park or reserve as part of a comprehensive and Territory Parks and Wildlife Conservation Act 1976 28 representative system of parks and reserves in the Territory and for the following purposes: (a) benefiting both the traditional Aboriginal owners of the park or reserve and the wider community; (b) protecting biological diversity; (c) serving visitor and community needs for education and enjoyment. 25AC Principles of joint management The objective is to be achieved by managing the park or reserve in accordance with the following principles: (a) recognising, valuing and incorporating Aboriginal culture, knowledge and decision making processes; (b) utilising the combined land management skills and expertise of both joint management partners; (c) recognising and addressing the need for institutional support and capacity building of the joint management partners; (d) recognising that community living areas in or in close proximity to parks and reserves are an integral part of the natural and cultural resource management of parks and reserves; (e) involving continuing statutory responsibilities and functions of the Minister with respect to parks and reserves; (f) managing parks and reserves may include cooperative management agreements for areas of land outside parks and reserves; (g) establishing a process for the consideration of applications for mining and petroleum. 25AD Preparation of draft plan (1) As soon as practicable after a joint management park or reserve has been declared under section 12 or redeclared under section 24, the joint management partners must agree on and together prepare a draft joint management plan for the park or reserve. Territory Parks and Wildlife Conservation Act 1976 29 (2) After preparing the draft plan, the joint management partners must publish a notice in the Gazette: (a) stating that the draft plan has been prepared; (b) inviting interested persons to make submissions about the draft plan on or before the specified date, which must be at least one month after the date on which the notice is published; (c) stating where a copy of the draft plan may be inspected or purchased; and (d) stating where submissions about the plan may be forwarded. (3) The joint management partners must consider all submissions received in accordance with the invitation and, as a result, may modify the draft plan as they consider appropriate. (4) After complying with subsection (3), the joint management partners must forward the draft plan to the Minister. 25AE Contents of draft plan (1) The draft plan for the park or reserve must be consistent with the (a) the relevant agreements for the park or reserve; (b) the objective stated in section 25AB; (c) the principles stated in section 25AC. (2) The draft plan must contain the following: (a) a description of the traditional Aboriginal owners of the park or (b) practicable ways for those owners to work with local conservation officers, including the establishment of executive and other committees where appropriate to ensure the processes referred to paragraph (c) are adhered to; (c) processes for the matters listed in subsection (3). (3) The draft plan must contain processes for the following: (a) identifying the natural and cultural values of the park or Territory Parks and Wildlife Conservation Act 1976 30 (b) managing sites of Aboriginal spiritual or cultural significance in (c) identifying visitor management issues and developing agreed procedures for dealing with those issues that reflect the interests of the traditional Aboriginal owners and of the other stakeholders in the park or reserve; (d) approving the siting of works and facilities in the park or (e) identifying management zones in, and management regimes for, the park or reserve; (f) developing relevant training and employment strategies in relation to the park or reserve; (g) establishing community living areas in or in close proximity to the park or reserve as an integral part of the natural and cultural resource management of the park or reserve; (h) dealing with commercial and infrastructure development in the park or reserve, giving preference to the traditional Aboriginal owners of the park or reserve; (i) resolving disputes about the management of the park or reserve at the local level and by means that are appropriate to (j) subject to section 25AJ, providing for hunting and the use of other resources in the park or reserve by the traditional Aboriginal owners in a manner consistent with the effective management of the park or reserve; (k) considering proposals for the conduct of research in or about (l) considering proposals for the expansion of the park or (m) dealing with proposals not otherwise dealt with in the draft plan. 25AF Minister to table draft plan in Legislative Assembly (1) As soon as practicable after receiving the draft plan forwarded under section 25AD, the Minister must table the draft plan in the Legislative Assembly. Territory Parks and Wildlife Conservation Act 1976 31 (2) Section 19(2) to (5) (inclusive) applies in relation to the draft plan as if: (a) a reference to a plan of management were a reference to the draft plan; (b) a reference to the Administrator were a reference to the Minister; (c) a reference to the Commission were a reference to the joint management partners; and (d) a reference to section 18 were a reference to sections 25AD and 25AE. 25AG Notice of plan coming into operation As soon as practicable after a joint management plan comes into operation, the Minister must publish, in the Gazette and in the newspapers the Minister considers appropriate, a notice stating: (a) that the plan has come into operation; and (b) where copies of the plan may be inspected or purchased. 25AH Amendment or revocation of plan reserve may amend the joint management plan for the park or (2) Sections 25AD(2) to (4) (inclusive), 25AE, 25AF and 25AG apply in relation to the amendment. (3) A joint management plan for a joint management park or reserve may be revoked by another joint management plan for the park or reserve, but the revocation does not take effect until that other plan comes into operation. 25AI Compliance with plan The joint management partners for a joint management park or reserve must manage the park or reserve in accordance with the joint management plan for the park or reserve. 25AJ Limitation of rights under section 122 The joint management plan for a joint management park or reserve may limit the right of Aboriginals to use the park or reserve (whether for hunting, food gathering or ceremonial or religious purposes) as Territory Parks and Wildlife Conservation Act 1976 32 properly recognised by section 122, but only to the extent necessary and reasonable for environmental or safety reasons. 25AK Management of park or reserve before plan comes into operation (1) This section applies in relation to the management of a joint management park or reserve before the first joint management plan for the park or reserve comes into operation. (2) The joint management partners must manage the park or reserve: (a) on the "business as usual" basis articulated in the core principles agreed between the Northern Land Council, the Central Land Council and the Territory in October 2002 so that the park or reserve can continue to operate normally until the first joint management plan for the park or reserve comes into operation; and (b) subject to paragraph (a), in the same manner as the Commission (acting with the approval of the Administrator under section 17(5)) would manage another park or reserve under this Act if no plan of management were in force in relation to that other park or reserve. (3) Despite subsection (2), the joint management partners and the Land Council for the park or reserve may agree on a process to deal with a particular issue, or a particular set of issues, concerning the management of the park or reserve. Division 4A Use and development of joint management parks and reserves 25AKA Carrying out of certain activities on joint management parks and reserves (1) Subject to subsection (2), this section has effect despite any law of the Territory. (2) Nothing in this section prevents the carrying out in a joint management park or reserve or in a wilderness zone that is in a joint management park or reserve of: (a) the exploration for, or recovery or processing of, minerals under and in accordance with the conditions of a mining interest; or Territory Parks and Wildlife Conservation Act 1976 33 (b) an activity permitted, or the exercising of a right or power conferred or continued in force, by or under the Mineral Titles Act 2010, the Petroleum Act 1984 or section 18A of the Petroleum (Submerged Lands) Act 1981 in relation to a mining (3) Subject to subsection (4), the following activities may not be carried out in a joint management park or reserve except in accordance with the joint management plan for the park or reserve or an authorisation granted under section 25AKB for the park or reserve: (d) felling or taking of timber. (4) If no joint management plan is in force in relation to a joint management park or reserve, subsection (3) does not prevent the Commission from preserving or protecting the park or reserve, protecting or conserving wildlife in the park or reserve, controlling authorised scientific research or protecting persons or property in the park or reserve, provided that the activity is not inconsistent with the relevant agreements for the park or reserve. (5) A wilderness zone that is in a joint management park or reserve is to be maintained in its natural state and must be used only for purposes specified in the joint management plan relating to the wilderness zone, but this subsection does not prohibit anything done by the Commission in accordance with subsection (6). (6) Despite subsection (4), the following may only be carried out in a wilderness zone that is in a joint management park or reserve by the Commission in accordance with the joint management plan, the relevant agreements or an authorisation granted under section 25AKB relating to the park or reserve: (d) felling or taking of timber; (e) establishment of tracks; (f) use of a vehicle, aircraft or vessel. Territory Parks and Wildlife Conservation Act 1976 34 (7) To avoid doubt, this section is not intended to limit the exercise of the following in a joint management park or reserve: (a) rights of Aboriginal persons under section 122; (b) traditional rights to use Aboriginal land as mentioned in section 71 of the ALRA, except to the extent of any limitation imposed in accordance with that Act; (c) native title rights and interests as defined in section 223 of the Native Title Act 1993 (Cth), except to the extent of any limitation imposed in accordance with that Act. 25AKB Use and development of land (1) Subject to subsections (2) and (3), the joint management partners for a joint management park or reserve may authorise the use and development of land in the park or reserve for any of the following purposes: (a) conservation; (b) education; (c) hospitality; (d) retail; (e) tourism; (f) Aboriginal community living area; (g) any purpose that promotes the protection or presentation of the park or reserve. (2) The use and development of land may be authorised under this section if there is no joint management plan in force in respect of the land. (3) If there is a joint management plan in force in respect of the land, the use and development must not be inconsistent with the plan. (4) The joint management partners for a joint management park or reserve may use and develop land in the park or reserve for a purpose mentioned in subsection (1) without an authorisation if the use or development is not inconsistent with any of the following that are in force for the park or reserve: (a) the relevant agreements; (b) the joint management plan; Territory Parks and Wildlife Conservation Act 1976 35 (c) if there is no joint management plan – any agreement under section 25AK(3). (5) This section does not give the power to authorise the subdivision of Note for section 25AKB The use and development of land includes a wide variety of activities, including constructing campgrounds, roads and structures and other activities that alter 25AKC Application for authorisation (1) A person may apply to the joint management partners for a joint management park or reserve for authorisation to use or develop land in the park or reserve for any purpose specified in section 25AKB(1). (2) The application must be: (a) in a form approved by the joint management partners; and (b) accompanied by any fee determined by the joint management partners. 25AKD Factors relevant to authorisation (1) Before deciding whether to authorise a use or development of land within a joint management park or reserve under section 25AKB, the joint management partners must consider the following: (a) the objective of joint management mentioned in section 25AB; (b) the principles of joint management mentioned in section 25AC; (c) the principles of management mentioned in section 31; (d) any joint management plan in force in respect of the land; (e) the views of traditional Aboriginal owners or native title holders within the meaning of the Native Title Act 1993 of the affected land; (f) any other matters the joint management partners consider relevant. (2) The joint management partners must not authorise any use or development of land in a joint management park or reserve that is inconsistent with any joint management plan or any relevant agreements for the park or reserve. Territory Parks and Wildlife Conservation Act 1976 36 (3) Unless justified in the circumstances, the joint management partners must not authorise a person found guilty of an offence related to the environment, wildlife or the use or development of land within the 5 year period immediately before the person applies for the authorisation. (4) An authorisation must be in a form approved by the joint management partners. 25AKE Terms and conditions of authorisation (1) An authorisation under section 25AKB is subject to any terms and conditions specified by the joint management partners for the relevant joint management park or reserve and specified in the (2) It is a condition of an authorisation that the holder of the authorisation and each person employed or otherwise engaged by the holder of the authorisation complies with the authorisation and (3) In the event of an inconsistency between this Act and a term or condition specified in an authorisation, the Act prevails. 25AKF Variation of authorisation reserve may, by written notice to the holder of an authorisation under section 25AKB, vary a term or condition of the authorisation if the partners consider it appropriate. (2) The variation may be made on: (a) the initiative of the joint management partners; or (b) the application by the holder of the authorisation. (3) An application under subsection (2)(b) must be in a form approved by the joint management partners. (4) A variation may add, substitute or delete a term or condition of an (5) A variation of an authorisation takes effect on the later of the (b) the date specified in the notice. Territory Parks and Wildlife Conservation Act 1976 37 25AKG Cancellation of authorisation reserve may, by written notice to the holder of an authorisation under section 25AKB, cancel the authorisation if the holder: (a) fails to pay a fee or royalty required under the authorisation; or (b) is found guilty of an offence against this Act or a regulation or by-law made under this Act; or (c) pays a prescribed amount under an infringement notice issued under the regulations or by-laws; or (d) contravenes any term or condition of the authorisation; or (e) requests in writing that the authorisation be cancelled. (2) The cancellation of the authorisation takes effect on the date 25AKH Transfer of authorisation reserve may, by written notice, approve the transfer of an authorisation under section 25AKB. (2) The holder of an authorisation under section 25AKB may apply to the joint management partners to approve the transfer of the authorisation, in a form approved by the joint management partners. (3) A transfer of an authorisation takes effect on the later of the (a) the date the notice of the approval is served on the holder of (b) the date specified for that purpose in the notice. 25AKI Compliance with authorisation (1) The following persons must not contravene an authorisation under section 25AKB: (a) the holder of the authorisation; Division 5 Mining in joint management parks and reserves Territory Parks and Wildlife Conservation Act 1976 38 (b) a person employed or otherwise engaged by the holder of the authorisation to use or develop land in a joint management park or reserve under the authorisation. 25AKJ Offence of using or developing land on joint management park or reserve (1) A person must not use or develop land in a joint management park or reserve unless authorised or otherwise permitted to do so under this Act or any by-laws that apply to the park or reserve. Division 5 Mining in joint management parks and reserves 25AL Certain provisions of Mineral Titles Act 2010 and Petroleum Act 1984 do not apply Section 73 of the Mineral Titles Act 2010 and section 15 of the Petroleum Act 1984 do not apply in relation to the grant of a mining or petroleum interest in a joint management park or reserve. 25AM Mines Minister to consider opinion of joint management partners (1) Before granting a mining or petroleum interest in a joint management park or reserve, the Mines Minister must request the Parks Minister to obtain the opinion of the joint management partners for the park or reserve about the proposed grant and forward the opinion to the Mines Minister for consideration. (2) The opinion may include recommendations about conditions for the protection of the environment to which the grant of the interest should be subject. (3) If: (a) the Mines Minister decides to grant the interest; and (b) the opinion considered under subsection (1) includes recommendations about the conditions of the grant as described in subsection (2), Territory Parks and Wildlife Conservation Act 1976 39 the Mines Minister must grant the interest subject to those conditions: (c) if it is otherwise within his or her power to do so; and (d) if satisfied that the conditions are appropriate measures for the protection of the environment. (4) If the joint management partners do not provide the Parks Minister their opinion within 4 months after being requested to do so, the Mines Minister is not required to consider it. (5) In this section: Mines Minister means the Minister for the time being administering the Mineral Titles Act 2010 or Petroleum Act 1984 (as the case requires). Parks Minister means the Minister for the time being administering 25AN Application of Division (1) This Division applies in relation to: (a) a park or reserve specified in Schedule 2 or 3 to the Framework Act; and (b) a park or reserve for which a joint management agreement has been executed under section 23A(1). (2) However, in regard to a park or reserve referred to in subsection (1)(b), the application of this Division is subject to exclusion or modification by: (a) the joint management agreement for the park or reserve; and (b) any indigenous land use agreement applying to the park or Territory Parks and Wildlife Conservation Act 1976 40 25AO Functions of Land Councils in relation to parks and reserves (1) Pursuant to section 23(2) of ALRA, the following functions are conferred on a Land Council: (a) to ascertain and express the wishes and the opinion of Aboriginals living in its area as to the management of the parks and reserves in that area and as to appropriate legislation concerning those parks and reserves; (b) to protect the interests of the traditional Aboriginal owners of, and other Aboriginals interested in, those parks and reserves; (c) to consult with the traditional Aboriginal owners of, and other Aboriginals interested in, those parks and reserves about the use of those parks and reserves; (d) to negotiate with persons desiring to obtain an estate or interest (including a licence) in any of those parks or reserves on behalf of the traditional Aboriginal owners of that park or reserve and any other Aboriginals interested in that park or (e) to supervise, and provide administrative and other assistance to, the Park Land Trusts holding, or established to hold, park freehold title in parks and reserves in its area. (2) In carrying out its functions under subsection (1) in relation to a park or reserve in its area, a Land Council must have regard to the interests of, and must consult with, the traditional Aboriginal owners of the park or reserve and any other Aboriginals interested in the park or reserve and, in particular, must not take any action (including, but not limited to, the giving or withholding of consent in any matter in connection with the park freehold title held by a Park Land Trust) unless the Land Council is satisfied that: (a) the traditional Aboriginal owners of the park or reserve understand the nature and purpose of the proposed action and, as a group, consent to it; and (b) any Aboriginal community or group that may be affected by the proposed action has been consulted and has had adequate opportunity to express its view to the Land Council. (3) In this section: area, in relation to a Land Council, has the same meaning as in ALRA. Division 6A Application of Territory Parks and Wildlife Conservation By-laws 1984 Territory Parks and Wildlife Conservation Act 1976 41 park freehold title has the same meaning as in the Framework Act. Park Land Trust has the same meaning as in the Framework Act. 25AP Application of money paid to Land Councils (1) If a Land Council receives a payment in respect of a park or reserve (including under a lease or licence granted in accordance with the Framework Act), within 6 months after receiving the payment, the Land Council must pay an amount equal to the payment to or for the benefit of the traditional Aboriginal owners of the park or (2) Section 35(8) to (11) (inclusive) of ALRA applies (with the necessary changes) to a payment referred to in subsection (1) as if it were a payment referred to in section 35(4) of ALRA. Division 6A Application of Territory Parks and Wildlife Conservation By-laws 1984 25APA Application of By-laws to joint management parks and (1) Subject to subsections (2) to (5), the Territory Parks and Wildlife Conservation By-laws 1984, as in force from time to time, apply in relation to each joint management park and reserve and are taken to have always applied in relation to each joint management park and reserve, to the extent the By-laws are not inconsistent with a by-law made for a joint management park or reserve under section 25AQ. (2) In the application of the Territory Parks and Wildlife Conservation By-laws 1984 in relation to a joint management park or reserve: (a) a reference to the plan of management for the park or reserve is taken to be a reference to the joint management plan for the park or reserve; and (b) a reference to an authorisation under section 21A is taken to be a reference to an authorisation under section 25AKB. (3) The Commission must not grant a permit under the Territory Parks and Wildlife Conservation By-laws 1984 that authorises the carrying out of trade or commerce or a public event in a joint management park or reserve unless the grant of the permit is: Division 6A Application of Territory Parks and Wildlife Conservation By-laws 1984 Territory Parks and Wildlife Conservation Act 1976 42 (a) consistent with the processes for management of the park or reserve under the joint management plan for the park or reserve; or (b) if there is no joint management plan for the park or reserve – consistent with section 25AK. Note for subsection (3)(b) Section 25AK provides for the management of a joint management park or reserve before the first joint management plan for the park or reserve comes into operation and allows the joint management partners and the Land Council for the park or reserve to agree on a process to deal with particular issues concerning the management of the park or reserve. (4) Despite section 99 and any by-law in the Territory Parks and Wildlife Conservation By-laws 1984 that relates to reviews of decisions made under those By-laws, a decision made under the By-laws that relates to the issue of or refusal to issue a permit in relation to a joint management park or reserve is not a reviewable decision. (5) The Territory Parks and Wildlife Conservation By-laws 1984 cease to have effect in relation to a joint management park or reserve on the earlier of the following: (a) the day specified in a by-law made for the park or reserve under section 25AQ; (b) the day prescribed by regulation. 25APB Validation (1) Anything done or purported to have been done under the Territory Parks and Wildlife Conservation By-laws 1984 in relation to a joint management park or reserve before the commencement of this Division is taken to be valid and to always have been valid. (2) Without limiting subsection (1), a thing done or purported to have been done under the Territory Parks and Wildlife Conservation By-laws 1984 includes the following: (a) the erection of signage; (b) the issue or purported issue of a permit, declaration, notice, approval, prohibition, designation or determination by the (c) the issue or purported issue of an infringement notice; Territory Parks and Wildlife Conservation Act 1976 43 (d) the taking or purported taking of any action in relation to an offence committed, or alleged to have been committed, against the By-laws. 25AQ By-laws (1) Subject to this section, the joint management partners for a joint management park or reserve may make by-laws for the park or reserve prescribing matters: (a) required or permitted by this Part or the joint management plan for the park or reserve to be prescribed by by-law; or (b) necessary or convenient for carrying out or giving effect to the functions and powers of the joint management partners under this Part. (2) The By-laws must not be inconsistent with any of the following: (a) this Part; (b) the relevant agreements for the park or reserve; (c) the joint management plan for the park or reserve. (3) Subject to subsection (3A), section 25(2) to (9) (inclusive) of the Nitmiluk Act applies in relation to the By-laws as if: (a) a reference to the Nitimiluk Park were a reference to the park or reserve; (b) a reference to by-laws made under the Nitmiluk Act were a reference to by-laws made under this section; (c) a reference to the plan of management for the Nitmiluk Park were a reference to the joint management plan; (d) a reference to the Nitmiluk Act were a reference to this Act; and (e) a reference to the Nitmiluk Park Board were a reference to the joint management partners. (3A) Despite section 25(2)(zb) of the Nitmiluk (Katherine Gorge) National Park Act 1989, the By-laws may, for an offence against the By-laws, provide for the following: (a) the offence to be a regulatory offence; Territory Parks and Wildlife Conservation Act 1976 44 (b) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for the offence, the service of a notice relating to payment of the amount on a person alleged to have committed the offence and the particulars to be included in the notice. (4) A prosecution for an offence against the By-laws cannot be commenced except with the written authority of the joint management partners. (5) For section 63A(1)(a) of the Interpretation Act 1978, it is sufficient if the By-laws are signed by a person authorised by the joint management partners to sign them. (6) In subsection (3): Nitmiluk Act means the Nitmiluk (Katherine Gorge) National Park Act 1989. Nitmiluk Park means the Park within the meaning of the Nitmiluk Act. 25AR Lease of park or reserve not a subdivision A lease entered into in respect of a joint management park or reserve does not create, or have the effect of creating, a subdivision within the meaning of the Planning Act 1999.