Northern Territory Consolidated Acts Northern Territory Consolidated Acts21. Consideration of plan of management by Assembly
(1) For the purposes of this section and section 22, "plan of management" includes part of the plan of management, and where under this section a part only of the plan of management is disallowed, the plan of management with that part omitted shall come into operation as provided by subsection (3) and the part disallowed shall be dealt with in accordance with this section as a separate amending plan of management.
(2) Subject to subsection (3), the Legislative Assembly may, in pursuance of a motion, notice of which is given within 5 sitting days of the Assembly after the plan of management has been tabled in the Assembly, pass a resolution disallowing the plan of management.
(3) Subject to subsection (4), if no notice of a motion to disallow a plan of management is given within the time referred to in subsection (2) or the Legislative Assembly does not pass a resolution in accordance with that subsection disallowing the plan of management, the plan of management comes into operation on the day immediately following the fifth sitting day referred to or on the day immediately following the last day on which such a resolution could have been passed, as the case may be.
(4) If, before the expiration of 5 sitting days after a plan of management has been tabled in the Legislative Assembly -
(a) the Assembly expires or is prorogued; and
(b) notice of motion for the disallowance of the plan of management has not been given,
the plan of management shall, for the purposes of this section, be deemed to have been laid before the Legislative Assembly on the first sitting day of the Assembly after the expiration or prorogation.
(5) If the Legislative Assembly passes a resolution, in accordance with subsection (2), disallowing a plan of management, the Minister shall direct the Board to prepare a fresh plan of management and the Board shall thereupon reconsider the matter and prepare a fresh plan of management or again forward to the Minister the same plan of management, and in relation to the preparation of or dealing with the fresh plan of management, or with the same plan of management again forwarded to the Minister, as the case may be, subsections (2), (3) and (4) and section 20 (other than subsections (2) and (3) of that section) apply as though the plan of management were the first plan of management prepared for the Park.
(6) Where a plan of management disallowed by the Legislative Assembly is again forwarded under subsection (5) to the Minister and is again disallowed by the Legislative Assembly, the Minister shall forward it, at the Minister's option, to either an Aboriginal Land Commissioner appointed under the Land Rights Act or a panel of 3 persons appointed under subsection (7) who shall consider it and make recommendations to the Minister and the Board on possible ways of resolving the differences between the Legislative Assembly and the Board in relation to the plan of management and, if thought necessary, suggest amendments to the plan of management.
(7) For the purposes of subsection (6), the Minister may appoint a panel of 3 persons, each of whom, in the opinion of the person or persons nominating the person, is suitably qualified and in a position to deal with the matter impartially, of whom -
(a) one shall be appointed on the nomination of the Board;
(b) one shall be appointed on the Minister's own nomination; and
(c) one shall be appointed on the nomination of the persons appointed under paragraphs (a) and (b).
(8) The Aboriginal Land Commissioner or members of the panel, in carrying out the function referred to in subsection (6), may obtain information, in whatever manner he, she or they thinks fit, about any fact he or she considers, or they consider, relevant to the consideration of the plan of management.
(9) The Minister shall, at the request of the Board, table in the Legislative Assembly the recommendations made under subsection (6) and the tabling of those recommendations shall be deemed to be the tabling under section 20 of the plan of management to which the recommendations relate, amended in accordance with those recommendations, and this section applies as though it were the first plan of management prepared for the Park.
(10) As soon as practicable after a plan of management has come into operation, the Minister shall publish a notice in the Gazette , and in such newspapers as the Minister thinks fit, stating that the plan of management has come into operation and giving an address where copies of the plan of management may be inspected or purchased.