NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 NO. 29, 1978 NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 NO. 29, 1978 - TABLE OF PROVISIONS 1. Short title. 2. Commencement 3. Interpretation 4. Object of this Part 5. Parks and reserves established by Governor-General 6. 7. Restriction on disposal, &c., of land in parks and reserves 8. Mining, works, forestry, &c., in parks, reserves and wilderness zones 9. Plans of management 10. Director to comply with plan of management 11. Functions 12. Powers 13. 14. Co-operation with Aboriginals 15. Wildlife conservation programs 16. Delegation 17. Contracts and leases 18. Powers, &c., of Acting Director 19. Superannuation 20. Officers and employees of governments and authorities 21. General powers of wardens and rangers 22. Payments to Fund and to Consolidated Revenue Fund 23. Application of moneys 24. Averment in relation to parks, reserves and conservation zones 25. Jurisdiction of courts 26. Traditional use of land and water by Aboriginals 27. Regulations 28. Additional Amendments SCHEDULE NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 1 Short title. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29 of 1978 An Act to amend the National Parks and Wildlife Conservation Act 1975. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: Short title, &c. 1. (1) This Act may be cited as the National Parks and Wildlife Conservation Amendment Act 1978.*1* (2) The National Parks and Wildlife Conservation Act 1975*2* is in this Act referred on as the Principal Act. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 2 Commencement 2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 3 Interpretation 3. Section 3 of the Principal Act is amended- (a) by inserting after the definition of ''Aboriginal'' in sub-section (1) the following definition: '' 'Aboriginal land' means land situated in the Region, being land in which an Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976 holds an estate in fee simple;''; (b) by inserting after the definition of ''Australian coastal sea'' in sub-section (1) the following definition: '' 'conservation zone' means a conservation zone declared under section 8A;''; (c) by inserting after the definition of ''hovercraft'' in sub-section (1) the following definition: '' 'interest' means any legal or equitable interest, including any estate, right, title, claim, charge, encumbrance, power, privilege, authority, licence or permit;''; (d) by omitting from sub-section (1) the definition of ''operations for the recovery of minerals'' and substituting the following definitions: '' 'mineral' means a naturally occurring substance or mixture of substances; 'operations for the recovery of minerals' means any operations or activities for or in connexion 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;''; (e) by inserting after the definition of ''ranger'' in sub-section (1) the following definition: '' 'Region' means 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- (a) the area shown as the Arnhem Land Aboriginal Reserve on the map referred to in that definition; and (b) the areas (being pastoral leases) described on that map as Mount Bundey, Goodparla, Gimbat and Eva Valley;''; (f) by inserting after the definition of ''Territory'' in sub-section (1) the following definition: '' 'Territory Commission' means the Territory Parks and Wildlife Commission established by the Territory Parks and Wildlife Conservation Ordinance 1976 of the Northern Territory;''; and (g) by inserting after the definition of ''this Act'' in sub-section (1) the following definition: '' 'uranium mining operations' has the same meaning as in the Environment Protection (Northern Territory Supreme Court) Act 1978;''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 4 Object of this Part 4. Section 6 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-sections: ''(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 (Ayers Rock-Mt. Olga) 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.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 5 Parks and reserves established by Governor-General 5. Section 7 of the Principal Act is amended- (a) by omitting paragraph (a) of sub-section (1) and substituting the following paragraphs: ''(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) by inserting after sub-section (7) the following sub-section: ''(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 of an interest under sub-section 9 (3)), that interest becomes, by force of this sub-section, vested in the Director, but not to the extent that it is an interest in respect of minerals.''; (c) by omitting sub-section (10) and substituting the following sub-sections: ''(10) If, by virtue of a Proclamation made under sub-section (8), 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 sub-section, vested in the Commonwealth. ''(10A) If, by virtue of a Proclamation made under sub-section (8), 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 sub-section, to exist. ''(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 sub-section 9 (3) or acquiring ownership of the land or by reason of the operation of sub-section 12 (2A) of the Aboriginal Land Rights (Northern Territory) Act 1976), the land ceases, by force of this sub-section, 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 made under sub-section (2) in relation to that land.''; (d) by omitting from sub-section (11) ''The Governor-General'' and substituting ''Subject to sub-section (11A), the Governor-General''; (e) by inserting after sub-section (11) the following sub-section: ''(11A) Sub-section (11) does not apply in relation to the making of a Proclamation under sub-section (2) in relation to land or sea within the Region.''; (f) by inserting in sub-section (13) ''(where applicable)'' after ''(12)''; and (g) by adding at the end thereof the following sub-section: ''(14) Subject to sub-section (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.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 6 6. Section 8 of the Principal Act is repealed and the following sections are substituted: Registration of changes in title to land ''8. 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 Crown Solicitor may lodge with the Registrar-General, Registrar of Titles or other appropriate officer of the State or Territory a copy of the Proclamation, certified under the hand of the Crown Solictor or of an officer of the Attorney-General's Department authorized by the Crown Solicitor to certify such copies, and the officer with whom it is so lodged may make such entries in his 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. Conservation zones '' 8A. (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 it is practicable 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 sub-section (5), the Governor-General may, by Proclamation, revoke or amend a Proclamation made under sub-section (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 sub-section (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, paragraphs 71 (2) (d), (da), (e), (h), (i), (j), (l), (n), (s) and (u) and sub-section 71 (3) apply, subject to sub-section (7) of this section, in relation to conservation zones in like manner as they apply in relation to parks and reserves. ''(7) For the purposes of sub-section (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 sub-section (6) and section 71, regulations in relation to conservation zones may be made- (a) making provision for and in relation to 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. Existing interests, &c., in parks, reserves and conservation zones ''8B. (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 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 sub-paragraph (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 sub-section 7 (6) or 8A (4), whichever is applicable. Townships in the Region ''8C. (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 sub-section (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 underdeveloped 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 sub-section (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.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 7 Restriction on disposal, &c., of land in parks and reserves 7. Section 9 of the Principal Act is amended- (a) by omitting from sub-section (1) ''sub-section (2), no right, title or interest'' and substituting ''sub-sections (2) and (3), no interest''; and (b) by adding at the end thereof the following sub-sections: ''(3) The Director may, for the purposes of Part II of the Aboriginal Land Rights (Northern Territory) Act 1976, surrender to the Commonwealth any interest held by him in respect of land within a park or reserve within the Region. ''(4) In this section, 'lease', in relation to Aboriginal land, means sub-lease.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 8 Mining, works, forestry, &c., in parks, reserves and wilderness zones 8. Section 10 of the Principal Act is amended- (a) by omitting sub-section (1) and substituting the following sub-section: ''(1) Subject to sub-section 8B (1), this section has effect notwithstanding any law of the Commonwealth or of a State or Territory.''; (b) by omitting from sub-section (3) ''sub-section (4)'' and substituting ''sub-sections (4) and (4A)''; (c) by omitting sub-section (4) and substituting the following sub-sections: ''(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, sub-section (3) does not prevent the Director from performing his functions in the park or reserve or that part of the park or reserve, as the case may be (in this sub-section 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 functions and exercise his powers in and in relation to the park or reserve or that part of the park or reserve, as the case may be.''; and (d) by omitting from sub-section (6) ''sub-section (4)'' and substituting ''sub-sections (4) and (4A)''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 9 Plans of management 9. Section 11 of the Principal Act is amended- (a) by omitting paragraph (c) of sub-section (2) and substituting the following paragraph and words: ''(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 Chairman.''; (b) by inserting in sub-section (3) ''(including the Territory Commission and the Chairman of an Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976)'' after ''person''; (c) by omitting from sub-section (6) ''detailed'' (first occurring); (d) by omitting from paragraph (a) of sub-section (6) ''general''; (e) by omitting from paragraph (b) of sub-section (6) ''detailed''; (f) by inserting after paragraph (b) of sub-section (8) the following paragraph: ''(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;''; (g) by omitting paragraph (d) of sub-section (10) and substituting the following paragraph and words: ''(d) specify an address to which representations in connexion with the plan may be forwarded, but, where the plan of management is in respect of a park or reserve wholly or partly within the Northern Territory, he shall, at least 14 days before the date of publication of the notice in the Gazette, serve a copy of the plan and of the notice on the Territory Commission and, if the park or reserve is also wholly or partly within a prescribed area, on the relevant Chairman.''; (h) by inserting in sub-section (11) ''(including the Territory Commission and the Chairman of an Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976)'' after ''person''; and (j) by omitting sub-sections (13) to (16) (inclusive) and substituting the following sub-sections: ''(13) Subject to sub-section (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 Chairman and the Director, the Minister shall refer the plan to the Director, together with his suggestions, for further consideration; or (b) in any other case, the Minister may- (i) accept the plan of management as submitted under sub-section (12); or (ii) refer it to the Director, together with his suggestions, for further consideration. ''(14) Where, under sub-section (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 shall cause a copy of his suggestions referred to the Director with the plan to be served on the Territory Commission and, if the park or reserve is also wholly or partly within a prescribed area, on the relevant Chairman, and the Commission and, as the case may be, the Chairman may, within the period of 14 days after receiving a copy of the suggestions, make representations to the Director in connexion with the suggestions. ''(15) Where the plan of management has been referred to the Director under sub-section (13), the Director shall, as soon as practicable after receipt of the plan or, in a case to which sub-section (14) applies, after the expiration of the period referred to in that sub-section, give further consideration to the plan, having regard to the suggestions of the Minister and any representations received under sub-section (14), and again submit the plan, with or without alterations, to the Minister, together with- (a) his comments on the suggestions of the Minister; and (b) a copy of any representations received under sub- section (14), together with his comments on those representations. ''(16) Where, under sub-section (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 Chairman copies of the plan and of any comments and representations submitted to the Minister under sub-section (15), and the Chairman 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 sub-section (16) and he is satisfied that there is a substantial difference of opinion between the relevant Chairman 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 sub-section (17) shall inquire into the matter and submit a report, together with his recommendations, to the Minister. ''(19) Subject to sub-section (20), as soon as practicable after the plan of management is submitted to the Minister under sub-section (15) or, in a case to which sub-section (16) applies, after the expiration of the period referred to in that sub-section, the Minister shall accept the plan as so submitted or, if he is of the opinion that the plan as so submitted should be altered, the plan as so submitted and altered by him in such manner as he thinks fit. ''(20) The Minister shall not take any action- (a) under sub-section (13)-except after giving due consideration to any representations or comments submitted to him under sub-section (12); or (b) under sub-section (19)-except after giving due consideration to any representations or comments submitted to him under sub-section (15) or (16), and to any report and recommendations submitted to him under sub-section (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 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 has made alterations to the plan under sub-section (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, in the case of a plan of management in respect of a park or reserve wholly or partly within the Northern Territory, by the Territory Commission and, if the park or reserve is also wholly or partly within a prescribed area, by the relevant Chairman. ''(22) In this section- 'prescribed area' means an area wholly or partly within the Region, being an area for which an Aboriginal Land Council has been established under the Aboriginal Land Rights (Northern Territory) Act 1976; 'relevant Chairman', in relation to a prescribed area, means the Chairman of the Aboriginal Land Council for the area; 'traditional Aboriginal owners' has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 10 Director to comply with plan of management 10. Section 14 of the Principal Act is amended by adding at the end thereof the following sub-sections: ''(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 Chairman of that Council and the Director as to whether the Director is performing his functions or exercising his powers in accordance with a plan of management, the Minister shall appoint a person (being a person whom he 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 sub-section (2) shall inquire into the matter and submit a report, together with his recommendations, to the Minister. ''(4) Upon receipt of a report and recommendations under sub-section (3), the Minister shall give the Director such directions in the matter as he thinks fit, and the Director shall comply with those directions.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 11 Functions 11. Section 16 of the Principal Act is amended- (a) by omitting paragraph (a) of sub-section (1) and substituting the following paragraph: ''(a) to administer, manage and control parks, reserves and conservation zones;''; and (b) by adding at the end thereof the following sub-section: ''(4) In relation to the performance of his functions and the exercise of his 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 Territory 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 Chairman of the Council.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 12 Powers 12. Section 17 of the Principal Act is amended by inserting after sub-section (1) the following sub-section: ''(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.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 13 13. After section 17 of the Principal Act the following sections are inserted: Director may obtain information and documents in relation to the Region ''17A. (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, 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, 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 under sub-section (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 is required to furnish under this section if the furnishing of the information, or the document, may tend to incriminate him. Director to have access to buildings and places in the Region ''17B. (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, in the exercise of the powers, conferred by sub-section (1). Penalty: $1,000 or imprisonment for 6 months, or both. Application to Supreme Court for order with respect to information or documents ''17C. (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. Application to Supreme Court for order with respect to access ''17D. (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 sub-section 17B (1), the Court may make an order requiring the person against whom the order is sought to give his 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. Secrecy ''17E. (1) Sub-section (2) applies to every person who is or has been the Director or a member of the staff assisting the Director. ''(2) Subject to sub-section (3), a person to whom this sub-section 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 by reason of his 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) Sub-section (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 for that purpose- (a) to the Minister, to the Permanent Head 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 Permanent Head 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 Permanent Head of a Department that deals with matters arising under this Act nor an officer of, or employee in, that Department approved by him for the purposes of sub-section (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 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 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. Application of Aboriginal Land Rights (Northern Territory) Act ''17F. Sub-section 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.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 14 Co-operation with Aboriginals 14. Section 18 of the Principal Act is amended by inserting in sub-section (2) ''(not being land within a park, reserve or conservation zone)'' after ''land'' (first occurring). NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 15 Wildlife conservation programs 15. Section 19 of the Principal Act is amended- (a) by omitting paragraph (b) of sub-section (1) and substituting the following paragraph: ''(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,''; and (b) by adding at the end of sub-section (3) ''or of the Northern Territory''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 16 Delegation 16. Section 20 of the Principal Act is amended by omitting from sub-section (1) ''an officer of the Service'' and substituting ''a person''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 17 Contracts and leases 17. Section 21 of the Principal Act is amended by adding at the end thereof the following sub-section: ''(2) Sub-section (1) does not apply in relation to a lease of Aboriginal land.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 18 Powers, &c., of Acting Director 18. Section 30 of the Principal Act is amended by adding at the end of sub-section (1) ''and shall be deemed to be the Director for the purposes of any reference to the Director in any other law''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 19 Superannuation 19. Section 32 of the Principal Act is repealed. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 20 Officers and employees of governments and authorities 20. Section 36 of the Principal Act is amended by adding at the end thereof the following sub-sections: ''(3) The Government of the Commonwealth- (a) shall, from time to time, consult with, and have regard to the views of, the Administrator of the Northern Territory in relation to the performance of functions and the exercise of powers under this Act by officers or employees of the Territory or of an authority of the Territory; and (b) may make arrangements with the Administrator for the performance of those functions and the exercise of those powers by such officers or employees. ''(4) The Director may make arrangements with the Head of a Department of the Public Service of the Northern Territory, or with an authority of the Territory, for the performance of functions and the exercise of powers under this Act by officers or employees of the Department or of the authority, as the case may be. ''(5) An arrangement under this section shall not be inconsistent with any law or with any agreement between the Commonwealth and an Aboriginal Land Council established by the Aboriginal Land Rights (Northern Territory) Act 1976 or between the Director and any such Land Council. ''(6) The references in paragraphs (3) (a) and (b) to the Administrator of the Northern Territory shall be read as references to the Administrator of the Northern Territory acting with the advice of the Executive Council of the Northern Territory.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 21 General powers of wardens and rangers 21. Section 42 of the Principal Act is amended- (a) by inserting in sub-section (1) ''or in a conservation zone'' after ''sea''; and (b) by omitting from sub-section (3) ''or reserve'' (twice occurring) and substituting '', reserve or conservation zone''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 22 Payments to Fund and to Consolidated Revenue Fund 22. Section 46 of the Principal Act is amended by omitting paragraph (f) of sub-section (1) and substituting the following paragraph: ''(f) any charges paid in pursuance of sub-section 17 (1A); and''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 23 Application of moneys 23. Section 48 of the Principal Act is amended by inserting in paragraph (b) ''(other than compensation payable under sub-section 8B (2))'' after ''compensation''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 24 Averment in relation to parks, reserves and conservation zones 24. Section 65 of the Principal Act is amended by omitting ''or reserve'' (twice occurring) and substituting '', reserve or conservation zone''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 25 Jurisdiction of courts 25. Section 66 of the Principal Act is repealed. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 26 Traditional use of land and water by Aboriginals 26. Section 70 of the Principal Act is amended by omitting from sub-section (1) ''and reserves'' and substituting '', reserves and conservation zones''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 27 Regulations 27. Section 71 of the Principal Act is amended- (a) by omitting paragraph (d) of sub-section (2) and substituting the following paragraphs: ''(d) regulating or prohibiting the pollution of soil, air or water in a manner that is, or is likely to be, harmful to people or wildlife in, or to the natural features of, parks and reserves; ''(da) regulating or prohibiting tourism in parks and reserves;''; (b) by omitting paragraphs (m) and (o) of sub-section (2); and (c) by inserting after sub-section (3) the following sub-section: ''(3A) A law of a Territory has effect to the extent to which it is not inconsistent with a provision of the regulations having effect in that Territory, but such a law shall not be taken for the purposes of this sub-section to be inconsistent with such a provision to the extent that it is capable of operating concurrently with that provision.''. NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 28 Additional Amendments 28. The Principal Act is amended as set out in the Schedule. ----------- NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SCHEDULE SCHEDULE Section 28 ADDITIONAL AMENDMENTS 1. The following provisions of the Principal Act are amended by omitting ''Australia'' (wherever occurring) and substituting ''the Commonwealth'': Sections 3 (1) (definition of ''Australian coastal sea''), 5, 7 (1) (b) and (13), 9, 17, 18, 36, 41, 54 and 71 (3). 2. The Principal Act is further amended as set out in the following table: ------------------------------------------------------------------------------ -- Provision Amendment ------------------------------------------------------------------------------ -- Section 4 . . . . . . . . Omit ''other than Papua New Guinea''. Paragraph 6(1) (a) . . . . Omit ''Australian'', substitute ''Commonwealth''. Paragraph 7 (1) (b) . . . Omit ''right, title or''. Paragraph 7 (1) (c) . . . (a) Omit ''right, title or''. (b) Omit ''Australia'' (second occurring), substitute ''the Commonwealth''. Sub-section 7 (7) . . . . Omit ''all right, title and interest held by Australia'', substitute ''any interest held by the Commonwealth''. ------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ -- NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - NOTES NOTES 1. Act No. 29, 1978; assented to 9 June 1978. 2. Act No. 12, 1975.