TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT (JOINT MANAGEMENT PARKS) BILL 2007 Explanatory Statement

Northern Territory Explanatory Statements

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TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT (JOINT MANAGEMENT PARKS) BILL 2007

2007

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR PARKS AND WILDLIFE

TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT (JOINT MANAGEMENT PARKS) BILL 2007
SERIAL NO. 103

EXPLANATORY STATEMENT

GENERAL OUTLINE

The Parks and Reserves (Framework for the Future) Act 2005 (Framework Act) provided a mechanism for settling outstanding Native Title and Aboriginal Land Rights Act claims over 27 Territory Parks and Reserves. This Act and consequential amendments to the Territory Parks and Wildlife Conservation Act (TPWC Act) provide a legal framework for the joint management of parks and reserves scheduled under the Framework Act only.

The purpose of this Bill is to enable joint management standards to be applied consistently across all jointly managed parks and reserves, with the exception of parks and reserves managed under their own legislation such as Nitmiluk and Gurig Ganuk Barlu (Cobourg) National Parks or where a joint management agreement is already in place. The amendments will provide for a more consistent, transparent and equitable approach to joint management in the NT.

NOTES ON CLAUSES

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Territory Parks and Wildlife Conservation Amendment (Joint Management Parks) Act 2007.

Clause 2. Commencement

States that the Act will commence on a date fixed by the Administrator by Gazettal notice.

Clause 3. Act amended

Identifies the Act to be amended - the Territory Parks and Wildlife Conservation Act.

Clause 4. Amendment of section 22 (Interpretation)

Defines a “scheduled park or reserve”, as a park or reserve specified under schedule 1, 2 and 3 of the Framework Act (as well as areas identified under schedule 5 of the Act if declared under section 12 of the Act).

Redefines a “park or reserve” to be a “joint management park or reserve”, which includes:
· a scheduled park or reserve (as described above); and
· a park or reserve for which a joint management agreement has been executed, by the Minister, under the proposed new section 23 A(1).

Defines a “joint management agreement” as “an agreement between the Territory and the traditional Aboriginal owners of the park or reserve about the management of the park or reserve”.

Defines “relevant agreements”. Relevant agreements relate to relevant agreements for a “scheduled park or reserve” and for a joint management park or reserve for which an agreement has been executed under the proposed new section 23A(1). Relevant agreements include the joint management agreement and any lease and/or Indigenous Land Use Agreement entered into in respect of a park or reserve.

Clause 5. New Part III, Division 1A

Section 23A(1) authorizes the Minister to execute, on behalf of the Territory, a joint management agreement for a park or reserve. The Minister must ensure that the terms of any agreement must provide that access to the park or reserve is to be open to the public without payment of an entry fee.

Clause 6. Amendment of section 25AA (Joint management partners)

The section identifies the joint management partners and requires that the joint management partners perform their functions in a manner that is consistent with the “relevant agreements” (outlined in clause 4 above), the objective of joint management (section 25AB), principles of joint management (section 25AC) and the joint management plan for the park or reserve.

Clause 7. Amendment of section 25AE (Contents of draft plan)

This section requires that the contents of a draft joint management plan are consistent with the relevant agreements and objective and principles of joint management.

Clause 8. Repeal and substitution of section 25AN

The section broadens the application of the Division to include joint management parks which have been declared under section 23A(1). In the case of a joint management park where a joint management agreement is executed under section 23A(1) the application of the Division may be modified or nullified through the joint management agreement or any indigenous land use agreement applying to the park or reserve.

Clause 9. Amendment of section 25AQ (By-laws)

The section allows for joint management partners to make by-laws for a joint management park or reserve. By-laws must be consistent with the relevant agreements and joint management plan for the park or reserve.

Clause 10. Repeal and substitution of section 25AR

The section stipulates that a lease over a joint management park or reserve does not create a subdivision under the Planning Act.

Clause 11. Further amendments

The clause refers to a Schedule of Further Amendments. Under this Schedule selective reference to “park” or “parks” is replaced with “joint management park” or “joint management parks”.

Section 24(1)(a) is amended by substituting “park” with “scheduled park”, which has the effect of limiting the Minister’s power to revoke and redeclare a park to those parks identified in Schedules 1,2 and 3 of the Framework Act.

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