CONSERVATION AND LAND MANAGEMENT ACT 1984 - SECT 8A

CONSERVATION AND LAND MANAGEMENT ACT 1984 - SECT 8A

8A .         CEO may agree to manage private or other land

        (1)         In this section —

        agreed area , in relation to an agreement made under this section, means the eligible land to which the agreement applies;

        alienated land has the meaning given in the Land Administration Act 1997 section 3(1);

        Crown land has the meaning given in the Land Administration Act 1997 section 3(1);

        eligible land means land, waters, or land and waters, that are above the low water mark and are —

            (a)         alienated land; or

            (b)         Crown land unless it is —

                  (i)         land to which this Act applies; or

                  (ii)         section 8C land;

        person responsible , for eligible land, means —

            (a)         if the land is alienated land, each of these persons —

                  (i)         the owner;

                  (ii)         any person who has an interest in the land that is registered under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856 ;

                  (iii)         the lessee, if any, of the land;

            (b)         if the land is Crown land, each of these persons —

                  (i)         the Land Administration Minister;

                  (ii)         the management body (as defined in the Land Administration Act 1997 section 3(1)), if any, of the land under that Act;

                  (iii)         the person, if any, in whom the land is vested under a written law other than that Act;

                  (iv)         the person, if any, who has the control and management of the land under a written law other than that Act;

                  (v)         the lessee, if any, of the land;

                  (vi)         if exclusive native title has been determined under the NT Act to exist in relation to the land, the registered native title body corporate (as defined in section 253 of the NT Act) in respect of the native title rights and interests concerned.

        (2)         This section does not affect the operation of the NT Act in relation to any person who claims or holds exclusive native title or non-exclusive native title.

        (3)         An agreement may be made under this section in respect of Crown land that is the subject of an interest (as defined in the Land Administration Act 1997 section 3(1)) granted or entered into under that Act, notwithstanding that Act.

        (4)         An agreement made under this section cannot apply to any land, waters, or land and waters to which a mining lease, or a general purpose lease, granted under the Mining Act 1978 , applies.

        (5)         The CEO may enter into an agreement under which the CEO agrees to manage an area of eligible land, either alone or jointly with one or more other persons —

            (a)         as if the agreed area were one of these categories of land under this Act —

                  (i)         a State forest;

                  (ii)         a timber reserve;

                  (iii)         a national park;

                  (iv)         a conservation park;

                  (v)         a nature reserve;

                or

            (b)         for a public purpose that is consistent with this Act.

        (6)         An agreement made under this section cannot agree to manage an area of eligible land as if it were —

            (a)         a marine management area; or

            (b)         a marine nature reserve; or

            (c)         a marine park.

        (7)         An agreement made under this section may require the Commission to assess the implementation of the management plan for the agreed area.

        (8)         The parties to an agreement made under this section must include —

            (a)         the person responsible, or at least one of the persons responsible, for the agreed area; and

            (b)         the CEO; and

            (c)         if it provides for the CEO to manage the agreed area jointly with one or more other persons, each such person who is not already a party; and

            (d)         if it requires the Commission to assess the implementation of the management plan for the agreed area, the Commission.

        (9)         An agreement made under this section has no effect unless the Minister for Fisheries, the Minister for Forest Products, the Minister for Indigenous Affairs, the Minister for Mines and the Minister (Water Resources) have each been given —

            (a)         in writing, notice of, and an invitation to give the CEO submissions about, the proposed agreement; and

            (b)         a reasonable time to respond.

        (10)         An agreement made under this section has no effect unless the local government of each local government district in which the agreed area is situated —

            (a)         is a party to the agreement; or

            (b)         was given, before the agreement was made —

                  (i)         in writing, notice of, and an invitation to give the CEO submissions about, the proposed agreement; and

                  (ii)         a reasonable time to respond.

        (11)         An agreement made under this section in respect of any eligible land has no effect unless —

            (a)         each person responsible for the land is either a party, or has given written approval, to it; and

            (b)         the Minister has given written approval to it.

        (12)         If the agreed area under an agreement made under this section is or includes the intertidal zone, the agreement has no effect in relation to that land unless —

            (a)         the chief executive officer of the Fisheries Department is a party to it; or

            (b)         the Minister for Fisheries has given written approval to it.

        (13)         An agreement made under this section that says the CEO is to manage the agreed area jointly with another person must include, in addition to any other terms, terms that do the following —

            (a)         establish a joint management body to manage the area;

            (b)         state the members of the body which must include at least —

                  (i)         the CEO or a person nominated by the CEO; and

                  (ii)         a person to represent the interests of each other party to the agreement;

            (c)         establish the body’s procedures.

        (14)         An agreement made under this section for the management of land for a public purpose that is consistent with this Act must include, in addition to any other terms, terms that —

            (a)         state the purpose for which the agreed area is to be managed; and

            (b)         state the policies or guidelines to be followed, and summarise the operations to be undertaken, in the management of the agreed area.

        (15)         Subsection (16) applies if an agreement made under this section applies to land held under any of the following —

            (a)         a pastoral lease;

            (b)         a diversification lease any purpose of which includes the grazing of stock;

            (c)         a lease for grazing purposes granted under the Land Administration Act 1997 .

        (16)         The lessee remains entitled to use the land for grazing purposes in accordance with the lease, except to the extent that the agreement otherwise provides.

        [Section 8A inserted: No. 36 of 2011 s. 8; amended: No. 28 of 2015 s. 69; No. 4 of 2023 s. 108.]