NATIONAL PARKS AND WILDLIFE CONSERVATION ACT 1975- Reprinted as at 31 October 1989 *1* The National Parks and Wildlife Conservation Act 1975 as shown in this reprint comprises Act No. 12, 1975 amended as indicated in the Tables below. Table of Acts ------------------------------------------------------------------------------- Act Number Date Date of Applicatio n, and year of Assent commencement saving or transit ional provisions ------------------------------------------------------------------------------- National Parks and Wildlife Conservation Act 1975 12, 1975 13 Mar 1975 13 Mar 1975 National Parks and Wildlife Conservation Amendment Act 1978 29, 1978 9 June 1978 9 June 1978 - Administrative Changes (Consequential Provisions) Act 1978 36, 1978 12 June 1978 12 June 1978 S. 8 National Parks and Wildlife Conservation Amendment Act 1979 42, 1979 14 June 1979 14 June 1979 - Australian Federal Police (Consequential Amendments) Act 1979 155, 1979 28 Nov 1979 19 Oct 1979 (see s. 2 and Gazette 1979, No. S206, p. 1) - Australian Federal Police (Consequential Amendments) Act 1980 70, 1980 28 May 1980 28 May 1980 - Public Service Acts Amendment Act 1982 111, 1982 5 Nov 1982 S. 93: Royal Assent (a) - Australian Government Solicitor (Consequential Amendments) Act 1984 10, 1984 10 Apr 1984 1 July 1984 (see s. 2 (1) and Gazette 1984, No. S231, p. 1) S. 4 (1) Public Service Reform Act 1984 63, 1984 25 June 1984 S. 151 (1): 1 July 1984 (see Gazette 1984, No. S245, p. 1) (b) S. 151<(9) Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 72, 1984 25 June 1984 S. 3: 23 July 1984 (c) S. 5 (1) National Parks and Wildlife Conservation Amendment Act 1985 94, 1985 2 Sept 1985 2 Sept 1985 S. 11 (2) and (3) Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 76, 1986 24 June 1986 S. 3: (d) S. 9 National Parks and Wildlife Conservation Amendment Act 1987 15, 1987 18 May 1987 18 May 1987 S. 7 National Parks and Wildlife Conservation Amendment Act (No. 2) 1987 16, 1987 18 May 1987 18 May 1987 (see s. 2) S. 7 Statute Law (Miscellaneous Provisions) Act 1988 38, 1988 3 June 1988 S. 3: Royal Assent (e) S. 5 (1) Lands Acquisition (Repeal and Consequential Provisions) Act 1989 21, 1989 20 Apr 1989 9 June 1989 (see s. 2 and Gazette 1989, No. S185, p. 1) - ------------------------------------------------------------------------------- - (a) The National Parks and Wildlife Conservation Act 1975 was amended by section 93 only of the Public Service Acts Amendment Act 1982, subsection 2 (1) of which provides as follows: "(1) Sections 1, 2 and 3, sub-section 4 (2), sections 7, 8, 9, 10, 11, 12, 16 and 17, sub-sections 18 (1) and 25 (1), sections 28, 44, 45, 46, 47, 48, 52, 57, 68, and 72, sub-section 74 (2), sections 75, 77 and 82 and Part IV (other than sections 89, 90, 94 and 95) shall come into operation on the day on which this Act receives the Royal Assent." (b) The National Parks and Wildlife Conservation Act 1975 was amended by subsection 151 (1) only of the Public Service Reform Act 1984, subsection 2 (4) of which provides as follows: "(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation." (c) The National Parks and Wildlife Conservation Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2 (1) of which provides as follows: "(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent." (d) The National Parks and Wildlife Conservation Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2 (15) of which provides as follows: "(15) The amendment of the National Parks and Wildlife Conservation Act 1975 made by this Act shall be deemed to have come into operation on 2 Septembe r 1985." (e) The National Parks and Wildlife Conservation Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2 (1) of which provides as follows: "(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent." Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ------------------------------------------------------------------------------- Provision affected How affected ------------------------------------------------------------------------------- S.3 . . . . . . . . am. No. 29, 1978; No. 72, 1984; No. 94, 1985; Nos. 15 and 16, 1987 S.3A . . . . . . . ad. No. 15, 1987 Ss.4-6 . . . . . . am. No. 29, 1978 S.7 . . . . . . . . am. No. 29, 1978; No. 94, 1985; No. 38, 1988 S.8 . . . . . . . . rs. No. 29, 1978 am. No. 10, 1984; No. 21, 1989 S.8A . . . . . . . ad. No. 29, 1978 am. No. 16, 1987 S.8B . . . . . . . ad. No. 29, 1978 am. Nos. 15 and 16, 1987 S.8C . . . . . . . ad. No. 29, 1978 S.8D . . . . . . . ad. No. 42, 1979 am. No. 72, 1984; No. 16, 1987 S.9 . . . . . . . . am. No. 29, 1978; No. 42, 1979; No. 94, 1985; No. 38, 1988; No. 21, 1989 S.10 . . . . . . . am. No. 29, 1978; No. 42, 1979; No. 15, 1987 S.11 . . . . . . . am. No. 29, 1978; No. 72, 1984; No. 94, 1985 Ss.12, 13 . . . . . am. No. 94, 1985 S.14 . . . . . . . am. No. 29, 1978 S.14A . . . . . . . ad. No. 94, 1985 Part IIA (ss. 14B-14K) . . . ad. No. 94, 1985 S.14B . . . . . . . ad. No. 94, 1985 S.14C . . . . . . . ad. No. 94, 1985 am. No. 76, 1986 Ss.14D-14K . . . . ad. No. 94, 1985 S.16 . . . . . . . am. No. 29, 1978; No. 72, 1984 S.17 . . . . . . . am. No. 29, 1978 Ss.17A-17D . . . . ad. No. 29, 1978 S.17E . . . . . . . ad. No. 29, 1978 am. No. 63, 1984 S.17F . . . . . . . ad. No. 29, 1978 Ss.18-20 . . . . . am. No. 29, 1978 S.21 . . . . . . . am. No. 29, 1978; No. 38, 1988 S.30 . . . . . . . am. No. 29, 1978 S.31 . . . . . . . rep. No. 94, 1985 S.32 . . . . . . . rep. No. 29, 1978 S.34 . . . . . . . am. No. 63, 1984 S.36 . . . . . . . am. No. 29, 1978; No. 63, 1984 S.38 . . . . . . . am. No. 155, 1979; No. 70, 1980 Ss.41, 42 . . . . . am. No. 29, 1978 S.46 . . . . . . . am. Nos. 29 and 36, 1978 S.48 . . . . . . . am. No. 29, 1978 S.52 . . . . . . . am. No. 36, 1978 S.54 . . . . . . . am. No. 29, 1978 S.59 . . . . . . . am. No. 111, 1982 Ss. 61, 62 . . . . am. No. 111, 1982 S.65 . . . . . . . am. No. 29, 1978 S.66 . . . . . . . rep. No. 29, 1978 Ss.70, 71 . . . . . am. No. 29, 1978 Schedule . . . . . am. No. 94, 1985 ------------------------------------------------------------------------------- ----- TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. Interpretation 3A. Operations for the recovery of minerals 4. Extension of Act to external Territories 5. Act binds the Crown PART II-PARKS AND RESERVES 6. Object of this Part 7. Parks and reserves established by Governor-General 8. Registration of changes in title to land 8A. Conservation zones 8B. Existing interests etc. in parks and reserves 8C. Townships in the Region 8D. Township at Jabiru 9. Restriction of disposal etc. of land in parks and reserves 10. Mining, works, forestry, etc., in parks, reserves and wilderness zones 11. Plans of management 12. Plan of management to be laid before Parliament 13. Amendment or revocation of plan of management 14. Director to comply with plan of management 14A. Disagreement between the Director and Board over implementation of plan of management PART IIA-BOARDS 14B. Interpretation 14C. Boards 14D. Functions of Boards 14E. Appointment of members of Boards 14F. Tenure of office 14G. Deputy members 14H. Presiding members 14J. Disclosure of interests 14K. Meetings PART III-THE DIRECTOR OF NATIONAL PARKS AND WILDLIFE 15. Director of National Parks and Wildlife 16. Functions 17. Powers 17A. Director may obtain information and documents in relation to the Region 17B. Director to have access to buildings and places in the Region 17C. Application to Supreme Court for order with respect to information or documents 17D. Application to Supreme Court for order with respect to access 17E. Secrecy 17F. Application of Aboriginal Land Rights (Northern Territory) Act 18. Co-operation with Aboriginals 19. Wildlife conservation programs 20. Delegation 21. Contracts and leases 22. Appointment of Director 23. Qualifications 24. Term of office 25. Remuneration and allowances 26. Leave of absence 27. Resignation 28. Termination of office 29. Acting Director 30. Powers etc. of Acting Director PART IV-ADMINISTRATION 33. Establishment of Service 34. Constitution of Service 35. Performance of services by other persons 36. Officers and employees of governments and authorities 37. Appointment of wardens and rangers 38. Wardens ex officio 39. Identity cards 40. Arrest without warrant 41. Confiscation and forfeiture 42. General powers of wardens and rangers 43. Assaulting etc. warden or ranger 44. Personation PART V-FINANCE 45. Establishment of Fund 46. Payments to Fund and to Consolidated Revenue Fund 47. Bank accounts 48. Application of moneys 49. No borrowing or investment 50. Estimates 51. Proper accounts to be kept 52. Annual reports 53. Audit 54. Exemption from taxation PART VI-TRANSFER OF CERTAIN OFFICERS AND EMPLOYEES 55. Interpretation 56. Incorporation with Public Service Act 57. Arrangement for transfer 58. Right to elect to transfer 59. Appointment to Public Service 60. Temporary employment in Public Service 61. Rate of remuneration 62. Prior service reckoned as service in Public Service 63. Accrued recreation or sick leave 64. Special conditions of employment PART VII-MISCELLANEOUS 65. Averment in relation to parks, reserves and conservation zones 67. Prosecution of offences 68. Changes in office of Director 69. International agreeements 70. Traditional use of land and water by Aboriginals 71. Regulations SCHEDULE AGREEMENTS BETWEEN AUSTRALIA AND OTHER COUNTRIES LONG TITLE NPWC 75/89(2) IDX An Act to make provision for and in relation to the Establishment of National Parks and other Parks and Reserves and the Protection and Conservation of Wildlife PART I-PRELIMINARY SECT 1 Short title NPWC 75/89(2) IDX NPWC 75/89(2) TOP 1. This Act may be cited as the National Parks and Wildlife Conservation Act 1975.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER . SECT 2 Commencement NPWC 75/89(2) IDX NPWC 75/89(2) TOP 2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER . SECT 3 Interpretation NPWC 75/89(2) IDX NPWC 75/89(2) TOP 3. (1) In this Act, unless the contrary intention appears- "Aboriginal" means a member of the Aboriginal race of Australia and includes a Torres Strait Islander; "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; "agreement" includes a treaty or convention; "aircraft" means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft; "animal" means any member, alive or dead, of the animal kingdom (other than man), and includes- (a) eggs or parts of eggs; and (b) the skin, feathers, horns, shell or any other part of an animal; "article" includes a substance or a mixture of substances; "Australia" includes the external Territories to which this Act extends; "Australian coastal sea" means any sea or waters the sovereignty in respect of which is declared by the Seas and Submerged Lands Act 1973 to be vested in the Crown in right of the Commonwealth, but does not include any waters referred to in section 14 of that Act; "Conservation Commission" means the Conservation Commission of the Northern Territory established by the Conservation Commission Act 1980 of the Northern Territory; "conservation zone" means a conservation zone declared under section 8A; "continental shelf of Australia" has the same meaning as in the Seas and Submerged Lands Act 1973; "Director" means the Director of National Parks and Wildlife; "Fund" means the Fund established by this Act; "hovercraft" means a vehicle designed to be supported on a cushion of air; "interest" means any legal or equitable interest, including any estate, right, title, claim, charge, encumbrance, power, privilege, authority, licence or permit; "Kakadu National Park" means the area for the time being declared under section 7 to be the park of that name; "mineral" means a naturally occurring substance or mixture of substances; "park" means a park declared under section 7; "plan of management" means a plan of management in force under section 12; "plant" means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants; "prescribed park or reserve" means- (a) the Uluru (Ayers Rock-Mt. Olga) National Park; and (b) any other park or reserve declared by the regulations to be a prescribed park or reserve for the purposes of this definition; "ranger" means a person appointed as a ranger under section 37; "Region" means- (a) 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- (i) the area shown as the Arnhem Land Aboriginal Reserve on the map referred to in that definition; and (ii) the areas (being pastoral leases) described on that map as Mount Bundey and Eva Valley; and (b) the area of land described under the heading "Uluru" in Schedule 1 to the Aboriginal Land Rights (Northern Territory) Act 1976; "reserve" means a reserve declared under section 7; "right" does not include sovereign rights; "Service" means the Australian National Parks and Wildlife Service established by this Act; "Territory" means an internal Territory or an external Territory to which this Act extends; "Territory Commission" means the Conservation Commission of the Northern Territory established by the Conservation Commission Act 1980 of the Northern Territory; "this Act" includes the regulations; "traditional Aboriginal owners" has the same meaning as in the Aboriginal Land Rights (Northern Territory) Act 1976; "uranium mining operations" has the same meaning as in the Environment Protection (Northern Territory Supreme Court) Act 1978; "vehicle" includes a hovercraft; "vessel" means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, but does not include a hovercraft; "warden" means- (a) a person appointed as a warden under section 37; or (b) a person referred to in section 38; "wilderness zone" means a wilderness zone declared under section 7; "wildlife" means- (a) animals and plants that are indigenous to Australia; (b) animals and plants that are indigenous to the Australian coastal sea or the sea-bed and subsoil beneath that sea; (c) animals and plants that are indigenous to the continental shelf of Australia or the superjacent waters; (d) migratory animals that periodically or occasionally visit Australia, the Australian coastal sea or the sea over the continental shelf of Australia; (e) animals and plants of a kind introduced into Australia, directly or indirectly, by Aboriginals before the year 1788; and (f) such other animals and plants, not being domesticated animals or cultivated plants, as are prescribed. (2) In this Act, a reference to the sea-bed includes a reference to the surface of any coral formation, and a reference to the subsoil includes a reference to the coral beneath the surface of any such formation. (3) In this Act, a reference to public notice is a reference to notice published- (a) in the Gazette; (b) in a local newspaper, if any, circulating in the area concerned; and (c) in each State and Territory, in a newspaper circulating throughout that State or Territory. SECT 3A Operations for the recovery of minerals NPWC 75/89(2) IDX NPWC 75/89(2) TOP 3A. (1) In this Act, subject to subsection (2), "operations for the recovery of minerals" means any operations or activities for or in connection 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. (2) In this Act, "operations for the recovery of minerals" does not include: (a) anything done for the purposes of building or construction, or the supply of water, in a park or reserve, unless those purposes are connected with, or incidental to, operations for the recovery of minerals; (b) the transportation of anything in the Kakadu National Park along routes (including air routes) prescribed for the purposes of this paragraph; (c) the construction and use of pipelines and power lines in Kakadu National Park along routes prescribed for the purposes of this paragraph; or (d) prescribed activities carried on in Kakadu National Park in connection with, or incidental to, operations for the recovery of minerals carried on outside Kakadu National Park. SECT 4 Extension of Act to external Territories NPWC 75/89(2) IDX NPWC 75/89(2) TOP 4. This Act extends to every external Territory. SECT 5 Act binds the Crown NPWC 75/89(2) IDX NPWC 75/89(2) TOP 5. This Act binds the Crown in right of the Commonwealth or of a State. PART II-PARKS AND RESERVES SECT 6 Object of this Part NPWC 75/89(2) IDX NPWC 75/89(2) TOP 6. (1) The object of this Part is to make provision for the establishment and management of parks and reserves- (a) appropriate to be established by the Commonwealth Government, having regard to its status as a national government; (b) in the Territories; (c) in the Australian coastal sea; (d) for purposes related to the rights (including sovereign rights) and obligations of Australia in relation to the continental shelf of Australia; (e) for facilitating the carrying out by Australia of obligations under, or exercise by Australia of rights under, agreements between Australia and other countries; or (f) conducive to the encouragement of tourism between the States and between other countries and Australia, and this Act shall be administered accordingly. (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. SECT 7 Parks and reserves established by Governor-General NPWC 75/89(2) IDX NPWC 75/89(2) TOP 7. (1) In this section, "area" means- (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) an area of the Australian coastal sea in respect of the sea-bed and subsoil beneath which no interest is vested in a person other than the Commonwealth; (c) an area of sea over a part of the continental shelf of Australia in respect of which no interest is vested in a person other than the Commonwealth; or (d) an area of land or sea outside the Australian coastal sea in respect of which Australia has, under an agreement between Australia and any other country or countries, obligations relating to wildlife that may appropriately be carried out by the establishment and management of the areas as a park or reserve, or an area of any such land and any such sea. (2) Subject to this section, the Governor-General may- (a) by Proclamation, declare an area specified in the Proclamation to be a park or a reserve and assign a name to that park or reserve; and (b) by the same or by another Proclamation, declare the whole or a specified part of the park or reserve to be a wilderness zone. (3) A Proclamation declaring an area to be a reserve may specify the purpose or purposes for which it is so declared. (4) Where a plan of management is in force in relation to a park or reserve, a declaration shall not be made declaring the whole or a specified part of the park or reserve to be a wilderness zone except in accordance with the plan of management. (5) A park may be named as a national park or by such other designation as the Governor-General thinks fit. (6) Where an area is declared by Proclamation to be a park or reserve- (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 park or reserve. (7) Upon the declaration of a park or reserve, any interest held by the Commonwealth in respect of the land (including any sea-bed or any subsoil) within the park or reserve, but not in respect of any minerals, becomes, by force of this sub-section, vested in the Director. (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 or transfer 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. (8) Subject to this section, the Governor-General may, by Proclamation, revoke or amend a Proclamation made under this section. (9) A Proclamation under this section by virtue of which any land (including any subsoil) or sea, other than land or sea referred to in paragraph (1) (d), ceases to be land or sea within a park or reserve or within a wilderness zone shall not be made except in accordance with a resolution passed by each House of the Parliament in pursuance of a motion of which notice has been given not less than 15 sitting days of that House before the motion is moved. (10) If, by virtue of a Proclamation made under this section, 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 this section, 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. (10AB) Sub-sections (9), (10) and (10A) do not apply in relation to a Proclamation by virtue of which any land (including any Aboriginal land and any sea-bed or subsoil) or sea ceases to be land or sea within a park or reserve or within a wilderness zone and becomes land or sea within another park or reserve or another wilderness zone, as the case requires. (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 subsection 9 (2B), surrendering or transferring 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 applying in relation to that land. (11) Subject to sub-section (11A), the Governor-General shall not make a Proclamation under this section except after consideration by the Executive Council of a report by the Director in relation to the matter dealt with by the Proclamation. (11A) Sub-section (11) does not apply in relation to the making of- (a) a Proclamation under sub-section (2) in relation to land or sea within the Region; (b) a Proclamation under sub-section (8) in relation to land or sea within the Region, other than a Proclamation, not being a Proclamation to which paragraph (c) applies, by virtue of which particular land (including any Aboriginal land or sea-bed or subsoil) or sea ceases to be land or sea within a park or reserve or within a wilderness zone; or (c) a Proclamation by virtue of which any land (including any Aboriginal land or any sea-bed or subsoil) or sea ceases to be land or sea within a park or reserve or within a wilderness zone and becomes land or sea within another park or reserve or another wilderness zone, as the case requires. (12) Before submitting a report for the purposes of sub-section (11), the Director shall- (a) by public notice- (i) state the nature of the report and of any recommendations proposed to be made in the report; (ii) invite interested persons to make representations in connexion with the report by such date, not being less than 60 days after the date of publication of the notice in the Gazette, as is specified in the notice; and (iii) specify an address to which such representations may be forwarded; and (b) give due consideration to any representations so made, and, when submitting the report, he shall attach to the report any representations so made, together with his comments on those representations. (13) Where any land is acquired by the Commonwealth for the purposes of this Part, the Minister shall, as soon as practicable after the acquisition, but subject to compliance with sub-sections (11) and (12) (where applicable), cause the carrying out of that purpose to be submitted for consideration by the Executive Council. (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. SECT 8 Registration of changes in title to land NPWC 75/89(2) IDX NPWC 75/89(2) TOP 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 Secretary to the Attorney-General's Department or a person authorized under sub-section 55E (4) of the Judiciary Act 1903 may lodge with the Registrar-General, Registrar of Titles or other appropriate officer of the State or Territory a copy of the Proclamation, certified by writing signed by the Secretary or by a person so authorized, 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. SECT 8A Conservation zones NPWC 75/89(2) IDX NPWC 75/89(2) TOP 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 a decision is made whether or not 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, subsections 71 (2) (other than paragraph (t) ) and 71 (3) apply, subject to subsection (7) of this section, in relation to conservation zones 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) regulating or prohibiting 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. (9) Subsection (1) does not limit the power to make regulations conferred by paragraph (8) (a). (10) Where: (a) regulations made under paragraph (8) (a) have effect in relation to a conservation zone; and (b) an area is subsequently excised from the zone; then, except as otherwise provided in the regulations, the regulations continue to apply in relation to the area, and further regulations may be made under that paragraph in relation to the area, as if the area had not been excised. (11) Regulations made under paragraph (8) (a) have effect notwithstanding: (a) any other regulations made under this Act; or (b) any law of the Northern Territory, or any Act, by or under which interests referred to in subparagraph 8B (1) (a) (i) have been created, preserved or otherwise affected. (12) Regulations made under this section (other than regulations made under paragraph (8) (a)) have no effect to the extent that they are inconsistent with the terms and conditions of: (a) an interest of either of the following kinds granted before the commencement of the Lands Acquisition Act 1989: (i) a lease or licence granted under section 51 of the Lands Acquisition Act 1955; (ii) a right (however described) to explore or prospect for minerals granted under section 53 of the Lands Acquisition Act 1955; or (b) a right (however described) to explore for minerals, or to mine for or recover minerals, granted under section 124 of the Lands Acquisition Act 1989. Act 1955; or (b) a right (however described) to explore or prospect for minerals granted under section 53 of that Act. (13) Any operation for the recovery of minerals on, in or beneath land in a conservation zone in the exercise of an interest referred to in subparagraph 8B (1) (a) (i) shall be deemed, for the purposes of procedures contained in orders made under the Environment Protection (Impact of Proposals) Act 1974, to be a proposed action within the meaning of those procedures. SECT 8B Existing interests etc. in parks and reserves NPWC 75/89(2) IDX NPWC 75/89(2) TOP 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 (other than subsection 8A (13) or regulations made under paragraph 8A (8) (a)) 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. (4) This section does not apply in relation to- (a) any interest in respect of any minerals on, in or beneath land within Kakadu National Park; or (b) any other interest in so far as it relates to operations for the recovery of any such minerals. SECT 8C Townships in the Region NPWC 75/89(2) IDX NPWC 75/89(2) TOP 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 undeveloped 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. SECT 8D Township at Jabiru NPWC 75/89(2) IDX NPWC 75/89(2) TOP 8D. (1) In this section, unless the contrary intention appears- "Authority" means the Jabiru Town Development Authority established by the Jabiru Town Development Act 1978 of the Northern Territory; "licence" means a licence granted under sub-section (2), and includes a licence as varied under sub-section (4); "Park" means Kakadu National Park; "township" means the township referred to in sub-section (2). (2) At any time before a plan of management relating to the Park comes into force, the Director may grant written licences to the Authority authorizing it to do such things within the Park as are specified in the licences, being things that he considers necessary or convenient to be commenced, before the plan of management comes into force, for and in relation to the establishment and development of a township at or near a place in the Region known as Jabiru. (3) The Director shall not grant a licence under sub-section (2) unless- (a) the Authority has informed him, in writing, that the Conservation Commission, and each other authority or body established by or under a law of the Northern Territory which the Authority has considered it appropriate to consult in relation to the issue of the licence, have agreed to the issue of the licence; and (b) where, under the Aboriginal Land Rights (Northern Territory) Act 1976, an Aboriginal Land Council has, or Aboriginal Land Councils have, been established for any area or areas wholly or partly within the Park-the Director has consulted with, and had regard to the views of, the Chairman of that Council or of each of those Councils, as the case may be, in relation to the issue of the licence. (4) In granting a licence under sub-section (2), the Director shall impose such conditions as he thinks fit providing for such of the objects set out in sub-section 11 (8) as are applicable. (5) A licence may be varied at any time by the Director with the consent of the Authority. (6) At any time when a plan of management relating to the Park is in force, things authorized to be done by a licence shall be done in accordance with the licence and, to the extent to which the plan is not inconsistent with the licence, also in accordance with the plan. (7) As soon as practicable after a plan of management relating to the Park comes into force, a town plan relating to the township shall be prepared and approved as provided by section 8C. (8) On the date of coming into effect of a town plan in pursuance of sub-section (7), section 8C applies, subject to this section, in relation to the township as if it were a township established and developed in accordance with sub-section (1) of that section. (9) At any time after the coming into effect of a town plan in pursuance of sub-section (7), things authorized to be done by a licence shall be done in accordance with the licence and, to the extent to which the town plan is not inconsistent with the licence, also in accordance with the town plan. (10) In- (a) the making of a variation of a licence; (b) the preparation and consideration of a plan of management relating to the Park; and (c) the preparation and approval of a town plan in pursuance of sub-section (7), due regard shall be had to buildings, structures and works constructed, erected or carried out, or authorized to be constructed, erected or carried out, in accordance with this section. SECT 9 Restriction of disposal etc. of land in parks and reserves NPWC 75/89(2) IDX NPWC 75/89(2) TOP 9. (1) Notwithstanding any law of the Commonwealth or of a State or Territory, but subject to sub-sections (2), (2A), (2B) and (3), no interest held by the Director in respect of land within a park or reserve shall be sold, leased or otherwise disposed of. (2) Where the plan of management relating to a park or reserve so provides, the Director may grant leases of, or licences in respect of, land in that park or reserve in accordance with the plan of management. (2A) The Director may, for the purposes of establishing and developing a township as provided by section 8D, grant leases of, or licences in respect of, land in the Kakadu National Park established under this Act in the Northern Territory. (2B) The Director may surrender a lease of land within a park or reserve in consideration of the grant to the Director of a new lease of land that includes that land. (3) The Director may, for the purposes of Part II of the Aboriginal Land Rights (Northern Territory) Act 1976, surrender or transfer to the Commonwealth any interest held by him in respect of land within a park or reserve within the Region. (3A) The Lands Acquisition Act 1989 does not apply to the grant or surrender of a lease or sub-lease under this section. (4) In this section (other than in subsection (2B)), "lease", in relation to Aboriginal land, means sub-lease. SECT 10 Mining, works, forestry, etc., in parks, reserves and wilderness zones NPWC 75/89(2) IDX NPWC 75/89(2) TOP 10. (1) Subject to sections 8B and 8D, this section has effect notwithstanding any law of the Commonwealth or of a State or Territory. (1A) No operations for the recovery of minerals shall be carried on in Kakadu National Park. (1B) Subsection (1A) shall not be taken to prevent the use, development or reconstruction of the township known as Jabiru. (2) No operations for the recovery of minerals shall be carried on in a park or reserve (not being Kakadu National Park) other than operations that are carried on, with the approval of the Governor-General, in accordance with the plan of management relating to that park or reserve. (3) Subject to sub-sections (4) and (4A)- (a) no excavations shall be carried on; (b) no building or other structure shall be erected; (c) no works shall be carried out; and (d) no timber shall be felled or taken, in a park or reserve except in accordance with the plan of management relating to that park or reserve. (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. (5) A wilderness zone shall be maintained in its natural state and shall be used only for scientific research authorized by the Director and such recreational and other purposes, other than the recovery of minerals, as are specified in the plan of management relating to the wilderness zone, but this sub-section does not prohibit anything done by the Director in accordance with sub-section (6). (6) Notwithstanding sub-sections (4) and (4A)- (a) no excavation shall be carried on; (b) no building or other structure shall be erected; (c) no works shall be carried out; (d) no timber shall be felled or taken; (e) no tracks shall be established; and (f) no vehicle, aircraft or vessel shall be used, in a wilderness zone except by the Director, in accordance with the plan of management relating to the zone, for purposes essential to the management of the zone. SECT 11 Plans of management NPWC 75/89(2) IDX NPWC 75/89(2) TOP 11. (1) Subject to sub-section (2), as soon as practicable after a park or reserve has been declared, the Director shall prepare a plan of management in respect of that park or reserve. (2) Where a Board is established under Part IIA for a prescribed park or reserve, the Board, in conjunction with the Director, shall, as soon as practicable after the Board is established, prepare a plan of management in respect of that park or reserve unless, at the time when the Board is established, there is already a plan of management in force in respect of that park or reserve. (2A) Before a plan of management is prepared in respect of a park or reserve, the Director shall, by public notice- (a) state that a plan of management is to be prepared in respect of that park or reserve; (b) invite interested persons to make representations in connection with the proposed plan by such date, not being less than 1 month after the date of publication of the notice in the Gazette, as is specified in the notice; and (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. (3) A person (including the Conservation Commission and the Chairman of an Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976) may, not later than the date specified in the notice, make representations to the Director in connexion with the proposed plan of management, and the Director, or the Director together with the Board, as the case requires, shall give due consideration to any representations so made. (5) The plan of management may include provisions in relation to an area that is proposed to be added to the park or reserve, but those provisions shall not have effect until the area is added to the park or reserve. (6) The plan of management shall set out a description of the manner in which it is proposed to manage the park or reserve and shall include- (a) a description of any existing or proposed buildings, structures, facilities or other development; and (b) a description of any operations for the recovery of minerals, or excavation, works or other operations, that may be carried on, in the park or reserve. (7) Where a plan of management provides for operations for the recovery of minerals or for excavation or other works, the plan shall set out any conditions that are to be applicable. (8) In the preparation of the plan of management, regard shall be had to the following objects: (a) in the case of a park-the encouragement and regulation of the appropriate use, appreciation and enjoyment of the park by the public; (b) in the case of a reserve-the regulation of the use of the reserve for the purpose for which it was declared; (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; (c) the preservation of the park or reserve in its natural condition and the protection of its special features, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest; (d) the protection, conservation and management of wildlife within the park or reserve; and (e) the protection of the park or reserve against damage. (9) The plan of management may provide for the division of the park or reserve into zones and set out the conditions under which each zone shall be kept and maintained. (10) When the plan of management has been prepared, the Director shall, by public notice- (a) state that the plan has been prepared; (b) invite interested persons to make representations in connexion with the plan by such date, not being less than 1 month after the date of publication of the notice in the Gazette, as is specified in the notice; (c) specify an address or addresses at which copies of the plan may be inspected or purchased; and (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 Conservation Commission and, if the park or reserve is also wholly or partly within a prescribed area, on the relevant Chairman. (11) A person (including the Conservation Commission and the Chairman of an Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976) may, not later than the date specified in the notice, make representations to the Director in connexion with the plan of management, and the Director, or the Director together with the Board, as the case requires, shall give due consideration to any representations so made and, if the Director thinks fit, or the Director and the Board think fit, as the case requires, alter the plan accordingly. (11A) Where the Director and the Board are unable to agree on- (a) the preparation under sub-section (2) of a plan of management in respect of that park or reserve; (b) the alteration or alterations to be made under sub-section (11) to the plan of management in respect of that park or reserve; or (c) the submission of the plan of management to the Minister under sub-section (12), the Director and the Board shall advise the Minister accordingly. (11B) Where the Minister is advised under sub-section (11A) of a disagreement between the Director and the Board, the Minister shall take such steps as the Minister considers appropriate to resolve the disagreement. (11C) Where the Minister is unable to resolve the disagreement, the Minister shall appoint an arbitrator (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. (11D) A person appointed under sub-section (11C) shall inquire into the matter and submit a report, together with the person's recommendations, to the Minister. (11E) Where the Minister receives a report and recommendations under sub-section (11D), the Minister shall give such directions as the Minister thinks appropriate to the Director and the Board, together with a statement of the Minister's reasons for giving the directions and a copy of the report and recommendations given to the Minister under sub-section (11D). (11F) The Director and the Board shall comply with any directions given by the Minister under sub-section (11E). (12) The Director shall, subject to sub-section (12A), thereupon submit to the Minister- (a) the plan of management; and (b) if representations have been made under sub-section (11)-those representations, together with the comments of the Director, or the Director and the Board, as the case requires, on those representations. (12A) Where a Board, in conjunction with the Director, is preparing a plan of management in respect of that park or reserve, the Director shall not submit the plan of management to the Minister under sub-section (12) without the consent of the Board. (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, on the one hand, and the Director, or the Director and the Board, as the case requires, on the other hand, the Minister shall refer the plan to the Director, together with his suggestions, for further consideration by the Director, or by the Director together with the Board, as the case requires; 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 by the Director, or by the Director together with the Board, as the case requires. (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 Conservation 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, or the Director together with the Board, as the case requires, 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 the Director shall, subject to sub-section (15A), 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. (15A) Where a Board, in conjunction with the Director, is preparing a plan of management in respect of that park or reserve, the Director shall not submit the plan of management to the Minister under sub-section (15) without the consent of the Board. (15B) Where the Director and the Board are unable to agree on the submission of the plan of management to the Minister under sub-section (15), the Director and the Board shall advise the Minister accordingly and the provisions of sub-sections (11B) to (11F) (inclusive) apply to and in relation to the disagreement as if the disagreement were a disagreement of the kind referred to in sub-section (11A). (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 Conservation 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; SECT 12 Plan of management to be laid before Parliament NPWC 75/89(2) IDX NPWC 75/89(2) TOP 12. (1) The Minister shall, as soon as practicable after a plan of management has been accepted under section 11, cause it to be laid before both Houses of the Parliament. (2) Either House of the Parliament, within 20 sitting days of that House after the plan of management has been laid before that House, may, in pursuance of a motion upon notice, pass a resolution disallowing the plan of management. (3) If neither House of the Parliament passes a resolution in accordance with sub-section (2) disallowing the plan of management, the plan of management comes into operation on the day immediately following the last day upon which such a resolution could have been passed by either House. (4) If, before the expiration of 20 sitting days of a House of the Parliament after the plan of management has been laid before that House- (a) that House is dissolved or, being the House of Representatives, expires, or the Parliament is prorogued; and (b) a resolution for the disallowance of the plan of management has not been passed by that House, the plan of management shall, for the purposes of this section, be deemed to have been laid before that House on the first sitting day of that House after the dissolution, expiry or prorogation, as the case may be. (5) If either House of the Parliament passes a resolution in accordance with sub-section (2) disallowing the plan of management, the Minister shall give to the Director a direction that a fresh plan of management be prepared and, where the Minister gives such a direction, a fresh plan of management shall be prepared in accordance with section 11. (6) 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 he thinks fit, stating that the plan of management has come into operation, specifying an address or addresses where copies of the plan of management may be inspected or purchased and specifying the day (being a day not later than 10 years after the day on which the plan of management came into operation) on which the plan of management is to cease to have effect. (7) The plan of management shall, unless sooner revoked, cease to have effect on the day specified by the Minister in the notice published in the Gazette. (8) It is the duty of the Director, or of the Director and the Board, as the case requires, to ensure, so far as is practicable, that, on the day on which the plan of management in respect of a park or reserve ceases to have effect under sub-section (7) or as soon as practicable thereafter, a new plan of management in respect of that park or reserve comes into operation. (9) Sub-sections 11 (2A) to (22) (inclusive) and sub-sections (1) to (8) (inclusive) of this section apply in relation to the new plan of management in like manner as they apply in relation to a plan of management that is not a new plan of management. SECT 13 Amendment or revocation of plan of management NPWC 75/89(2) IDX NPWC 75/89(2) TOP 13. (1) Subject to sub-section (2), a plan of management may be amended at any time and sub-sections 11 (2A) to (22) (inclusive) and section 12 apply in relation to any such amendment in like manner as they apply in relation to a plan of management. (2) A plan of management shall not be amended so as to extend the period of operation of the plan to a day later than the day specified under sub-section 12 (6). (3) A plan of management in respect of a park or reserve may be revoked by a new plan of management in respect of that park or reserve, but the revocation shall not take effect until the new plan comes into operation. SECT 14 Director to comply with plan of management NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14. (1) While a plan of management is in force, the Director shall perform his functions and exercise his powers in relation to the park or reserve to which the plan relates in accordance with that plan and not otherwise. (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. SECT 14A Disagreement between the Director and Board over implementation of plan of management NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14A. (1) Where- (a) a Board has been established under Part IIA for a park or reserve; and (b) the director is of the opinion that- (i) the implementation of a decision of the Board is likely to be substantially detrimental to the good management of that park or reserve; or (ii) a decision of the Board is contrary to the plan of management in respect of that park or reserve, the Director shall advise the Minister accordingly. (2) Where the Minister is advised under sub-section (1) of a disagreement between the Director and the Board, the Minister shall take such steps as the Minister considers appropriate to resolve the disagreement. (3) Where the Minister is unable to resolve the disagreement, the Minister shall appoint an arbitrator (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. (4) A person appointed under sub-section (3) shall inquire into the matter and submit a report, together with the person's recommendations, to the Minister. (5) Where the Minister receives a report and recommendations under sub-section (4), the Minister shall give such directions as the Minister thinks appropriate to the Director and the Board, together with a statement of the Minister's reasons for giving the directions and a copy of the report and recommendations given to the Minister under sub-section (4). (6) The Director and the Board shall comply with any directions given by the Minister under sub-section (5). PART IIA-BOARDS SECT 14B Interpretation NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14B. In this Part, unless the contrary intention appears- "relevant Land Council", in relation to Aboriginal land, means the Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 for the area in which the land is situated; "relevant preconditions", in relation to an office of member of a Board, means the preconditions that a person must satisfy, in accordance with the section 14C notice in relation to the Board, in order to be eligible for appointment to that office; "section 14C notice" means a notice under sub-section 14C (1) and includes such a notice as amended or further amended under sub-section 14C (4). SECT 14C Boards NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14C. (1) Where- (a) an area of Aboriginal land is situated wholly or partly within a prescribed park or reserve; and (b) the Minister and the relevant Land Council in relation to the land- (i) agree that a Board should be established for that park or reserve; and (ii) agree on the matters to be specified, in accordance with sub-section (2), in the notice in respect of the Board, the Minister shall, by notice published in the Gazette, establish a Board for that park or reserve. (2) A notice under sub-section (1) establishing a Board shall- (a) specify the park or reserve for which the Board is established; (b) specify the name by which the Board is to be known; (c) specify the number of persons who are to constitute the Board; and (d) subject to sub-section (5), specify, in relation to each office of member of the Board, the preconditions that a person must satisfy in order to be eligible for appointment to that office. (3) Subject to sub-section (6), the Minister may, by notice published in the Gazette, revoke a notice under sub-section (1) in relation to a Board. (4) Subject to sub-sections (5) and (6), the Minister may, by notice published in the Gazette, amend, or further amend, a notice under sub-section (1) in relation to a Board so as to- (a) change the specification of the name by which the Board is to be known; (b) increase the number of persons who are to constitute the Board and specify, in relation to each additional office of member of the Board so created, the preconditions that a person must satisfy in order to be eligible for appointment to that office; (c) decrease the number of persons who are to constitute the Board and specify which office or offices of member of the Board is or are abolished; or (d) change the specification, in relation to an office of member of the Board, of the preconditions that a person must satisfy in order to be eligible for appointment to that office. (5) Where a Board is established for a park or reserve that consists wholly of Aboriginal land, a majority of the members of the Board shall be Aboriginals nominated by the traditional Aboriginal owners of that Aboriginal land. (6) Where a Board is established for a park or reserve, the Minister shall not revoke, amend or further amend a notice under sub-section (1) in relation to that park or reserve unless the relevant Land Council in relation to the Aboriginal land situated in that park or reserve has agreed to the revocation, amendment or further amendment, as the case requires. (7) Where the Minister, under sub-section (4), amends or further amends a notice under sub-section (1) in relation to a Board so as to alter the name of the Board or so as to alter the constitution of the Board, section 25B of the Acts Interpretation Act 1901 applies in relation to that alteration as if the alteration had been made by an Act. (8) The performance of the functions and the exercise of the powers of a Board are not affected by a vacancy or vacancies in the membership of the Board. SECT 14D Functions of Boards NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14D. (1) The functions of a Board established for a park or reserve are- (a) to prepare, in conjunction with the Director, plans of management in respect of that park or reserve; (b) to make decisions, being decisions that are consistent with the plan of management in respect of that park or reserve, in relation to the management of that park or reserve; (c) to monitor, in conjunction with the Director, the management of that park or reserve; and (d) to give advice, in conjunction with the Director, to the Minister on all aspects of the future development of that park or reserve. (2) A Board shall, in performing its functions under this Act, comply with any directions given by the Minister to the Board under section 11, 13 or 14A. SECT 14E Appointment of members of Boards NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14E. (1) The Minister may, by instrument in writing, appoint to an office of member of a Board a person who satisfies the relevant preconditions in relation to that office. (2) Where an office of member of a Board becomes vacant, the Minister shall appoint a person to that office in accordance with sub-section (1) as soon as practicable after that office becomes vacant. (3) A member of a Board holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister. SECT 14F Tenure of office NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14F. (1) A person appointed to an office of member of a Board holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment. (2) Where the instrument of appointment of a member does not specify a period of appointment in accordance with sub-section (1), the instrument of appointment shall be deemed to specify that the member holds office for a period of 5 years commencing on the day of appointment. (3) Where a person is appointed to an office of member of a Board and the person ceases to satisfy the relevant preconditions in respect of the office, the person's appointment to the office terminates at the time when the person ceases to satisfy those preconditions. (4) A member of a Board may resign office by writing signed by the member and delivered to the Minister. (5) The Minister may terminate the appointment of a member of a Board for misbehaviour or physical or mental incapacity. (6) If a member of a Board is absent, except on leave granted by the Board, from 3 consecutive meetings of the Board of which the member has had notice, the Minister may terminate the appointment of the member. (7) If a member of a Board fails, without reasonable excuse, to comply with the member's obligations under section 14J, the Minister shall terminate the appointment of the member. (8) Where a person is appointed as a member of a Board on the nomination of a particular person, body or group of persons, the Minister shall terminate the appointment of the member if that person, body or group requests the Minister, in writing, to do so. (9) The appointment of a member of a Board is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in, or in connection with, the nomination, selection or appointment of the member. SECT 14G Deputy members NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14G. (1) Where an appointment to an office of member of a Board established for a park or reserve may be made only in pursuance of a nomination by the traditional Aboriginal owners of Aboriginal land situated in that park or reserve, those traditional Aboriginal owners may nominate a person who satisfies the relevant preconditions in relation to that office to be the deputy of the member of the Board holding that office. (2) A member of a Board who was appointed otherwise than pursuant to a nomination by the traditional Aboriginal owners of Aboriginal land situated in the park or reserve for which the Board is established may, with the approval of the Minister, nominate a person who satisfies the relevant preconditions in relation to the member's office to be the deputy of the member. (3) Where a person is nominated to be the deputy of a member of a Board, the person so nominated may, if the member is absent from a meeting of the Board, attend that meeting and, when so attending, shall, subject to sub-section (4), be deemed to be a member of the Board. (4) A person who is nominated to be the deputy of a member of a Board shall not preside at a meeting of the Board. (5) Where the traditional Aboriginal owners of Aboriginal land situated in the park or reserve for which a Board is established nominate a person, pursuant to sub-section (1), to be the deputy of a member of the Board, those traditional Aboriginal owners may revoke that nomination. (6) A member of a Board who was appointed otherwise than pursuant to a nomination by the traditional Aboriginal owners of Aboriginal land situated in the park or reserve for which the Board is established may, with the approval of the Minister, revoke a nomination made by the member under sub-section (2). (7) The nomination of a person as the deputy of a member of a Board is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in or in connection with the selection or nomination of the person. SECT 14H Presiding members NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14H. (1) A Board may, by resolution, appoint a member of the Board to be the presiding member of the Board. (2) A member appointed to be presiding member of a Board holds office, subject to sub-section (3), for such period as is determined by the Board at the time of the member's appointment to that office. (3) A member of a Board ceases to hold office as presiding member of the Board if- (a) the member resigns that office; (b) the Board revokes the member's appointment to that office; or (c) the member ceases to be a member of the Board. SECT 14J Disclosure of interests NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14J. (1) A member of a Board who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of that interest at a meeting of the Board. (2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Board. SECT 14K Meetings NPWC 75/89(2) IDX NPWC 75/89(2) TOP 14K. (1) Meetings of a Board shall be held at such times and places as the Board, from time to time, determines. (2) The presiding member of a Board may at any time, and, if so directed by the Minister, shall, convene a meeting of the Board. (3) Subject to the provisions of this Act, a Board shall determine its procedures and determine which persons are to be permitted to attend or participate in meetings of the Board. (4) Subject to sub-sections (5) and (6), at a meeting of a Board, a number of members greater than half the number of persons who constitute the Board constitute a quorum. (5) Where a Board is established for a park or reserve that consists wholly of Aboriginal land, a meeting of the Board shall not be held, or shall not continue, unless the majority of the members of the Board present at the meeting are members appointed pursuant to nominations by the traditional Aboriginal owners of that Aboriginal land. (6) A meeting of a Board shall not be held, or shall not continue, unless at least one of the members of the Board present at the meeting is a member appointed otherwise than pursuant to a nomination by the traditional Aboriginal owners of the Aboriginal land situated in the park or reserve for which the Board is established. (7) Subject to sub-section (8), the presiding member of a Board shall preside at all meetings of the Board. (8) If the presiding member of a Board is absent from a meeting of the Board, the members of the Board who are present shall elect one of their number to preside at the meeting. (9) Decisions of a Board shall be determined by a majority of the members of the Board present and voting. (10) The member of a Board who is presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote. PART III-THE DIRECTOR OF NATIONAL PARKS AND WILDLIFE SECT 15 Director of National Parks and Wildlife NPWC 75/89(2) IDX NPWC 75/89(2) TOP 15. (1) There shall be a Director of National Parks and Wildlife, who shall be a corporation with perpetual succession. (2) The corporation shall have a seal, and may sue or be sued in its corporate name. (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the corporation affixed to documents and shall presume that it was duly affixed. (4) At all times after the first appointment of a person to the office of Director, the corporation continues in existence notwithstanding any vacancy in that office. SECT 16 Functions NPWC 75/89(2) IDX NPWC 75/89(2) TOP 16. (1) The functions of the Director are- (a) to administer, manage and control parks, reserves and conservation zones; (b) to protect, conserve, manage and control wildlife; (c) to conduct surveys, and collect statistics, of and in relation to animals and plants; (d) to co-operate with any country in matters relating to the protection and conservation of animals and plants in that country and the establishment and management of national parks and nature reserves in that country; (e) to provide, and assist in the provision of, training in the knowledge and skills relevant to the protection, conservation and management of wildlife and the establishment and management of national parks and nature reserves; (f) to carry out by himself or in co-operation with other institutions and persons, and to arrange for any other institution or person to carry out, research and investigations relevant to the establishment and management of national parks and nature reserves and the protection, conservation and management in wildlife; (g) to make recommendations to the Minister in relation to- (i) the establishment and naming of parks and reserves; and (ii) the protection and conservation of wildlife throughout Australia; (h) to administer the Fund; and (i) to do anything incidental or conducive to the performance of any of the foregoing functions. (2) Except as otherwise provided by this Act, the Director shall perform his functions and exercise his powers in accordance with any directions given by the Minister. (3) The Director shall include in each report prepared under section 52 particulars of any directions given by the Minister under sub-section (2) during the period to which the report relates. (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 Conservation 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. SECT 17 Powers NPWC 75/89(2) IDX NPWC 75/89(2) TOP 17. (1) The Director has power to do all things that are necessary or convenient to be done for or in connexion with the performance of his functions and, in particular, has power- (a) to enter into contracts; (b) to erect buildings and structures and carry on works; (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Director; (d) to acquire, hold and dispose of real or personal property; (e) to accept gifts, devises and bequests made to the Director whether on trust or otherwise, and to act as trustee of moneys or other property vested in the Director upon trust; and (f) to do anything incidental to any of his powers. (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. (2) Notwithstanding anything contained in this Act, any moneys or property vested in the Director upon trust shall be dealt with in accordance with the powers and duties of the Director as trustee. (3) The Director has power to perform any of his functions in co-operation with a State, with an authority of the Commonwealth or of a State or with a local governing body. SECT 17A Director may obtain information and documents in relation to the Region NPWC 75/89(2) IDX NPWC 75/89(2) TOP 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. SECT 17B Director to have access to buildings and places in the Region NPWC 75/89(2) IDX NPWC 75/89(2) TOP 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. SECT 17C Application to Supreme Court for order with respect to information or documents NPWC 75/89(2) IDX NPWC 75/89(2) TOP 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. SECT 17D Application to Supreme Court for order with respect to access NPWC 75/89(2) IDX NPWC 75/89(2) TOP 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. SECT 17E Secrecy NPWC 75/89(2) IDX NPWC 75/89(2) TOP 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 Secretary 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 Secretary 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 Secretary 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. SECT 17F Application of Aboriginal Land Rights (Northern Territory) Act NPWC 75/89(2) IDX NPWC 75/89(2) TOP 17F. Sub-section 70 (1) of the Aboriginal Land Rights (Northern Territory) Act 1976 does not prevent a person from entering or remai