NORTHERN TERRITORY OF AUSTRALIA PARKS AND WILDLIFE COMMISSION ACT As in force at 15 September 2004 TABLE OF PROVISIONS Section PART I - PRELIMINARY 1. Short title 2. Commencement 3. Definitions PART II - DIRECTOR OF PARKS AND WILDLIFE 4. Director 5. Functions of the Director 6. Powers of Director 7. Delegation by Director 8. [Repealed] PART III - PARKS AND WILDLIFE COMMISSION OF THE NORTHERN TERRITORY 9. Establishment of Commission 10. Membership of Commission 11. - 18. [Repealed] 19. Functions of Commission 20. Power of Commission 21. Commission not to acquire real property 22. Direction of the Minister 23. Delegation by Commission 24. Employment by Commission 25. Consultants to Commission PART IV - CONSERVATION LAND CORPORATION 26. Definition of member 27. Establishment of Corporation 28. Judicial notice of seal 29. Corporation not authority 30. Membership of Corporation 31. Resignation of member 32. Termination of appointment 33. Chairman 34. Date of appointment 35. Member not personally liable 36. Member shall not disclose information 37. Member not to act where interested 38. Procedure 39. Function of Corporation PART V - MISCELLANEOUS 40. [Repealed] 41. Advisory council 42. Regulations Notes Table of Amendments NORTHERN TERRITORY OF AUSTRALIA ____________________ This reprint shows the Act as in force at 15 September 2004. Any amendments that may come into operation after that date are not included. ____________________ PARKS AND WILDLIFE COMMISSION ACT An Act to establish a Commission to establish and manage, or assist in the management of, parks, reserves, sanctuaries and other land, to encourage the protection, conservation and sustainable use of wildlife, to establish a land-holding corporation in connection with those purposes, and for related purposes PART I - PRELIMINARY 1. Short title This Act may be cited as the Parks and Wildlife Commission Act. (See back note 1) 2. Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. (See back note 1) 3. Definitions In this Act, unless the contrary intention appears - "Aboriginal" means a person who is a member of the Aboriginal race of Australia; "Aboriginal land" has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth; "Chief Executive Officer" means the Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act, of the Agency administering this Act; "Commission" means the Parks and Wildlife Commission of the Northern Territory established by this Act; "Corporation" means the Conservation Land Corporation established by this Act; "Director" means the Director of Parks and Wildlife holding office under section 4, and includes a person acting as Director; "wildlife" includes both animals and plants. PART II - DIRECTOR OF PARKS AND WILDLIFE 4. Director (1) The Director of Parks and Wildlife is - (a) the Chief Executive Officer; or (b) the person appointed under subsection (2). (2) The Minister may appoint a person to be the Director of Parks and Wildlife. (3) The Minister may at any time terminate an appointment made under subsection (2). (4) Where a person appointed as Director under subsection (2) is absent from duty or from the Territory, the Minister may appoint a person to act as Director during the absence. (5) A person appointed as Director under subsection (2) is subject to the direction of the Commission when exercising his or her powers or performing his or her functions. 5. Functions of the Director The functions of the Director are - (a) to represent the Commission; (b) to execute the policy decisions of the Commission; and (c) such other functions as are conferred on him by this Act or any other Act. 6. Powers of Director Subject to this Act, the Director has power to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the performance of his functions. 7. Delegation by Director (1) The Director may, in writing, delegate to a person (or to the holder from time to time of a particular designation or office) any of the Director's powers and functions under this or any other Act, other than this power of delegation. (2) A power or function delegated under this section, when exercised or performed by the delegate, shall be deemed to have been exercised or performed by the Director. (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or performance of a function by the Director. 8. [Repealed] PART III - PARKS AND WILDLIFE COMMISSION OF THE NORTHERN TERRITORY 9. Establishment of Commission (1) There is hereby established a commission by the name of the Parks and Wildlife Commission of the Northern Territory. (2) The Commission - (a) is a body corporate with perpetual succession; (b) shall have a common seal; and (c) is capable in its corporate name of suing and being sued. (3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to a document and shall assume that it was duly affixed. 10. Membership of Commission (1) The Commission consists of the Chief Executive Officer. (2) The establishment of the Commission is not affected by reason of a vacancy in the office of the Chief Executive Officer. 11. - 18. [Repealed] 19. Functions of Commission The functions of the Commission are - (a) to promote the conservation and protection of the natural environment of the Territory - (i) by managing or participating in the management of - (A) parks, reserves and sanctuaries established under the Territory Parks and Wildlife Conservation Act or any other Act of the Territory or the Commonwealth; and (B) other land by agreement with the owners or occupiers of that land; and (ii) by the promotion, and the enforcement where necessary, of the protection, conservation and sustainable use of wildlife, whether on such parks, reserves or sanctuaries or elsewhere in the Territory; and (b) the management, for a purpose approved by the Minister, of other land, and such other functions as are conferred on it by or under this or any other Act. 20. Power of Commission (1) Subject to section 22, the Commission has power to do all things necessary or convenient to be done for or in connection with or incidental to the performance of its functions and the exercise of its powers. (2) Without limiting the generality of subsection (1), the Commission may, for the purpose of carrying out its functions and exercising its powers, including the powers conferred on it elsewhere in this Act - (a) enter into contracts; (b) erect buildings and structures and carry out works; (c) acquire, hold and dispose of personal property or an interest in personal property; (d) accept gifts and bequests made to the Commission whether in trust or otherwise and act as trustees of moneys and other property vested in the Commission upon trust; and (e) occupy, use, manage and control any land or building owned or leased by the Territory, or the Corporation continued in existence by the Northern Territory Land Corporation Act, and made available to the Commission. 21. Commission not to acquire real property The Commission shall not acquire or hold any estate or interest in real property. 22. Direction of the Minister The Commission, in the performance of its functions and the exercise of its powers, is subject to the direction of the Minister. 23. Delegation by Commission (1) The Commission may, in writing, delegate to a person who is an employee, within the meaning of the Public Sector Employment and Management Act, any of the Commission's powers and functions under this or any other Act, other than this power of delegation. (2) A power or function delegated under this section, when exercised or performed by the delegate, shall be deemed to have been exercised or performed by the Commission. (3) A delegation under this section is revocable at will and does not prevent the exercise of a power or performance of a function by the Commission. 24. Employment by Commission In addition to employees employed under the Public Sector Employment and Management Act by the Commission, the Commission may employ, on such terms and conditions as it thinks fit, persons it thinks necessary for the purposes of the Commission. 25. Consultants to Commission The Commission may engage consultants and may make arrangements to be provided with such advice relating to its functions as it thinks fit. PART IV - CONSERVATION LAND CORPORATION 26. Definition of member In this Part, "member" means a person appointed under section 30(2) to be a member of the Corporation. 27. Establishment of Corporation (1) There is hereby established a body corporate by the name of the Conservation Land Corporation. (2) The Corporation is - (a) a body corporate with perpetual succession and a common seal; and (b) capable, in its corporate name, of - (i) subject to this Act, acquiring, holding and disposing of real and personal property; and (ii) suing and being sued. 28. Judicial notice of seal All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Corporation affixed to a document and shall presume that it was duly affixed. 29. Corporation not authority (1) The Corporation is not an authority or instrumentality of the Crown and is not, for the purposes of the Interpretation Act, a statutory corporation. (2) The Corporation is not subject to the control and direction of the Minister or the Crown. (3) The Corporation is not, and is not capable of being, an Agency within the meaning and for the purposes of the Financial Management Act. 30. Membership of Corporation (1) The Corporation shall consist of not less than 2 members. (2) The Minister may, by notice in the Gazette, appoint a person to be a member. (3) The exercise of a power or the performance of a function of the Corporation is not affected by reason only of there being a vacancy in its membership. 31. Resignation of member A member may resign his office by writing signed by him and delivered to the Minister. 32. Termination of appointment (1) The Minister may terminate the appointment of a member for inability, inefficiency, misbehaviour or physical or mental incapacity. (2) If a member - (a) is absent, except on leave granted by the Corporation, from 3 consecutive meetings of the Corporation; (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or (c) fails to comply with section 37, the Minister shall terminate the appointment of the member. 33. Chairman The Minister may, by notice in the Gazette, appoint a person to be the Chairman of the Corporation. 34. Date of appointment An appointment under section 33 shall take effect from - (a) the date of publication of the notification; or (b) if there is a later date specified in the notification - that later date. 35. Member not personally liable A member or person acting with the authority of the Corporation is not personally liable in respect of any matter or thing done, or contract entered into - (a) by the Corporation; or (b) by that person, if the matter or thing was done, or the contract was entered into, in good faith for the purpose of executing this Act or any other Act conferring or imposing functions on the Corporation. 36. Member shall not disclose information A member shall not disclose any information obtained in the course of his duties as such a member unless that disclosure is made in the course of his duty as such a member. Penalty: $3,000 or imprisonment for 3 months. 37. Member not to act where interested (1) If a member has a direct or indirect interest in any matter - (a) which is the subject of consideration at a meeting of the Corporation; or (b) in which the Corporation is concerned, he shall, as soon as possible after he knows that he has the interest and that the Corporation is considering the matter, disclose his interest to the Corporation. (2) The Corporation may direct a member who has disclosed an interest in a matter under subsection (1) to refrain from taking part in the deliberations of the Corporation in relation to that matter, and the member shall comply with the direction. Penalty: $1,000. 38. Procedure The Corporation may, subject to this Act, determine its own procedures. 39. Function of Corporation (1) The function of the Corporation is to acquire, hold and dispose of real property (including any estate or interest in real property) in accordance with this Act and it may acquire and hold such property, notwithstanding any other law in force in the Territory which would restrict or otherwise limit the capacity of the Corporation to acquire and hold such property. (2) The Corporation has power to do all things necessary or convenient to be done for or in connection with or incidental to the carrying out of its function. (3) Any moneys payable by the Corporation for or incidental to the acquisition of any estate or interest in real property may be advanced by the Commission on such terms and conditions as the Commission thinks fit. (4) Any moneys payable to the Corporation in respect of any estate or interest in real property held or disposed of by the Corporation shall be paid to the Commission, whose receipt shall be a sufficient discharge therefor, and any moneys payable by the Corporation in respect of any estate or interest in real property held by the Corporation may be paid by the Commission. (5) Notwithstanding anything contained in the Stamp Duty Act, no stamp duty shall be payable on any instrument by which any property or interest is granted or assured to or vested in the Corporation. (6) The Commission has the care, control and management of all land (including an interest in land) acquired or held by the Corporation. PART V - MISCELLANEOUS 40. [Repealed] 41. Advisory council (1) The Minister must establish a council to advise the Commission on matters concerning the management of parks and wildlife. (2) The members of the council must be appointed by the Minister and must be persons who have an interest or expertise and knowledge in matters relating to the environment and the management and conservation of natural resources. 42. Regulations The Administrator may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act. ____________________________ Notes 1. The Parks and Wildlife Commission Act, comprises the Conservation Commission Act 1980, and amendments made by other legislation, the details of which are specified in the following table: Act Number and year Date of assent by Administrator Date of commencement Conservation Commission Act 1980 No. 13, 1980 13 Mar 1980 28 Mar 1980 (a) Public Service and Statutory Authorities Amendment Act 1985 No. 28, 1985 26 June 1985 26 June 1985 Conservation Commission Amendment Act 1985 No. 69, 1985 24 Dec 1985 24 Feb 1988 (b) Conservation Commission Amendment Act 1986 No. 54, 1986 19 Dec 1986 24 Dec 1986 (c) Public Sector Employment and Management (Consequential Amendments) Act 1993 No. 28, 1993 30 June 1993 1 July 1993 (d) Financial Management (Consequential Amendments) Act 1995 No. 5, 1995 21 Mar 1995 1 Apr 1995 (e) Conservation Commission Amendment Act 1995 No. 43, 1995 15 Nov 1995 29 Nov 1995 (f) Statute Law Revision Act (No. 2) 1998 No. 92, 1998 11 Dec 1998 11 Dec 1998 Parks and Wildlife Commission Amendment Act 1999 No. 58, 1999 14 Dec 1999 1 Mar 2000 (g) Parks and Wildlife Commission Amendment Act 2004 No. 52, 2004 15 Sept 2004 15 Sept 2004 (a) See section 2 and Gazette G13, dated 28 March 1980, p. 7. (b) See section 2 and Gazette G8, dated 24 February 1988, p. 5. (c) See section 2, section 2 of the Northern Territory land Corporation Act 1986 and Gazette S90, dated 24 December 1986. (d) See section 2, section 2 of the Public Sector Employment and Management Act 1993 and Gazette S53, dated 29 June 1993. (e) See section 2, section 2 of the Financial Management 1995 and Gazette S13, dated 31 March 1995. (f) See section 2 and Gazette S42, dated 29 November 1995. (g) See section 2 and Gazette G8, dated 1 March 2000, p. 2. 2. For savings and transitional provisions, see the following: (a) section 24 of the Conservation Commission Amendment Act 1995; (b) section 8 of the Parks and Wildlife Commission Amendment Act 1999. ____________________________ Table of Amendments Section Long Title Amended by No. 43, 1995, s. 5 1. Amended by No. 43, 1995, s. 6 3. Amended by No. 28, 1993, s. 3; No. 43, 1995, s. 7; No. 58, 1999, s. 4; No. 52, 2004, s. 3 Heading Part II Amended by No. 43, 1995, s. 8 4. Amended by No. 28, 1985, s. 9; No. 28, 1993, s. 3; substituted by No. 43, 1995, s. 9; amended by No. 52, 2004, s. 4 7. Substituted by No. 43, 1995, s. 10 8. Repealed by No. 52, 2004, s. 5 Heading Part III Amended by No. 43, 1995, s. 11 9. Amended by No. 43, 1995, s. 12 10. Amended by No. 69, 1985, s. 4; substituted by No. 43, 1995, s. 13; amended by No. 58, 1999, s. 5; substituted by No. 52, 2004, s. 6 11. Repealed by No. 43, 1995, s. 13 12. Amended by No. 43, 1995, s. 14; repealed by No. 52, 2004, s. 7 13. Amended by No. 43, 1995, s. 15; repealed by No. 52, 2004, s. 7 14. Amended by No. 28, 1985, s. 9; No. 43, 1995, s. 16; repealed by No. 52, 2004, s. 7 15. Amended by No. 43, 1995, s. 17; No. 58, 1999, s. 6; repealed by No. 52, 2004, s. 7 16. Substituted by No. 43, 1995, s. 18; amended by No. 58, 1999, s. 7; repealed by No. 52, 2004, s. 7 17. Amended by No. 43, 1995, s. 19; repealed by No. 52, 2004, s. 7 17A. Inserted by No. 69, 1985, s. 5; substituted by No. 43, 1995, s. 20; repealed by No. 52, 2004, s. 7 18. Amended by No. 69, 1985, s. 6; No. 43, 1995, s. 21; repealed by No. 52, 2004, s. 7 19. Substituted by No. 43, 1995, s. 22 20. Amended by No. 54, 1986, s. 4 23. Substituted by No. 43, 1995, s. 23; amended by No. 52, 2004, s. 8 24. Amended by No. 28, 1993, s. 3 29. Amended by No. 92, 1998, s. 13 39. Amended by No. 54, 1986, s. 5 40. Repealed by No. 5, 1995, s. 19 41. Substituted by No. 52, 2004, s. 9 ____________________________ __________________ ii Parks and Wildlife Commission Act 11