1Short title
This Act may be cited as the Environment Protection (Alligator Rivers Region) Act 1978.
Parliamentary material from APH and the Federal Register of Legislation. Links open the official source in a new tab.
This Act may be cited as the Environment Protection (Alligator Rivers Region) Act 1978.
This Act shall come into operation on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
Administrator of the Northern Territory means the Administrator of the Northern Territory acting with the advice of the Executive Council of the Northern Territory.
Advisory Committee means the Advisory Committee established under section 16.
Alligator Rivers Region or Region means:
the area shown on the map set out in the Schedule, being a copy of the map appearing on page 14 of the Ranger Inquiry report, that is described as the “Area generally referred to in the report as the Region”;
so much of the area described as Gimbat on that map (being an area of land that is or was the subject of a pastoral lease) as is outside the area referred to in paragraph (a);
so much of the area described as Goodparla on that map (being an area of land that is or was the subject of a pastoral lease) as is outside the area referred to in paragraph (a);
the area bounded on the south by the parallel of latitude 13° 30′ south and on all other sides by part of the boundary of the area referred to in paragraph (a);
the area bounded on the east by the meridian of longitude 133° east, on the south by the parallel of latitude 13° 30′ south and on all other sides by part of the boundary of the area referred to in paragraph (a);
the territorial sea adjacent to the area referred to in paragraph (a); and
the sea (if any) on the landward side of the territorial sea referred to in paragraph (b).
appointed member means a member of the Advisory Committee other than the Supervising Scientist or the Director of National Parks.
appropriate Aboriginal Land Council means such Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 as the Minister declares by instrument under his or her hand to be the Aboriginal Land Council responsible for the Alligator Rivers Region for the purposes of this Act.
Chairperson means the Chairperson of the Advisory Committee, or the Chairperson of the Technical Committee, as the context requires.
Committee means the Advisory Committee or the Technical Committee, as the context requires.
conservation zone means an area that was a conservation zone declared under section 8A of the National Parks and Wildlife Conservation Act 1975.
Director of Conservation of the Northern Territory means the person holding office as Director of Conservation under the Conservation Commission Act 1980 of the Northern Territory or, if a person is acting as the Director, the person so acting.
Director of National Parks means the person holding the appointment as the Director of National Parks under the Environment Protection and Biodiversity Conservation Act 1999.
ecosystem means a dynamic complex of plant, animal and micro‑organism communities and their non‑living environment interacting as a functional unit.
environment includes:
ecosystems and their constituent parts, including people and communities; and
natural and physical resources; and
the qualities and characteristics of locations, places and areas; and
the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b) or (c).
general mining operations means mining operations other than uranium mining operations.
Institute means the Alligator Rivers Region Research Institute.
member means a member of the Advisory Committee, or a member of the Technical Committee, as the context requires.
mineral means a naturally occurring substance or mixture of substances.
mining operations 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:
exploring and prospecting for minerals;
milling, refining, treating and processing minerals; and
handling, transporting, storing and disposing of minerals and material produced from minerals;
but does not include the construction or use of:
towns or camps, or structures connected with the construction or use of towns or camps; or
facilities for, or connected with, the supply of water, electricity or gas to towns or camps or to structures connected with the construction or use of towns or camps.
prescribed instrument means any of the following, whether in force at the commencement of this Act or coming into force after that commencement:
a law of the Commonwealth or of the Northern Territory; or
an instrument made, granted or issued under or for the purposes of any such law, including:
a permit, licence or lease under any such law; and
an authority under section 41 of the Atomic Energy Act 1953; and
an agreement under Part IV of the Aboriginal Land Rights (Northern Territory) Act 1976.
Ranger Inquiry report means the report known as the Ranger Uranium Environmental Inquiry Second Report that was presented to the Minister for Environment, Housing and Community Development and the Minister for Aboriginal Affairs on 17 May 1977.
requirement means an obligation, condition, restriction or prohibition.
sea includes any waters within the ebb and flow of the tide.
Supervising Scientist means the Supervising Scientist for the Alligator Rivers Region.
Technical Committee means the Technical Committee established under section 22A.
uranium mining operations has the meaning it would have if in the definition of mining operations the references to minerals were references to uranium‑bearing ore.
A reference in this Act to the environment in a conservation zone includes a reference to the environment in so much of the Alligator Rivers Region as is adjacent to the zone.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
There shall be a Supervising Scientist for the Alligator Rivers Region.
The Supervising Scientist has the following functions in relation to uranium mining operations in the Region:
to devise and develop programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the Region of uranium mining operations in the Region;
to co‑ordinate, and supervise, the carrying out of programs referred to in paragraph (a);
to devise and develop, and to promote and assist in the devising and development of:
standards, practices and procedures in relation to uranium mining operations in the Region for the protection of, or in so far as those standards, practices and procedures affect, the environment in the Region; and
measures for the protection and restoration of the environment in the Region from the effects of uranium mining operations in the Region;
to co‑ordinate, and supervise, the implementation, in relation to uranium mining operations in the Region, of requirements of or having effect under prescribed instruments in so far as those requirements relate to any matter affecting the environment in the Region;
to advise the Minister with respect to:
the effects on the environment in the Region of uranium mining operations in the Region;
standards, practices and procedures in relation to uranium mining operations in the Region for the protection of, or in so far as those standards, practices and procedures affect, the environment in the Region;
measures for the protection and restoration of the environment in the Region from the effects of uranium mining operations in the Region; and
requirements of or having effect under prescribed instruments in relation to uranium mining operations in the Region in so far as those requirements relate to any matter affecting the environment in the Region and the implementation of those requirements;
to perform such other functions, in relation to uranium mining operations in the Region, as are conferred on him or her by or under a prescribed instrument (including this Act); and
to do anything incidental or conducive to the performance of any of the foregoing functions.
The Supervising Scientist has the following functions in relation to general mining operations in a conservation zone:
to devise and develop programs for research into, and programs for the collection and assessment of information relating to, the effects on the environment in the zone of general mining operations in the zone;
to co‑ordinate, and supervise, the carrying out of programs referred to in paragraph (a);
to devise and develop, and to promote and assist in the devising and development of:
standards, practices and procedures in relation to general mining operations in the zone for the protection of, or in so far as those standards, practices and procedures affect, the environment in the zone; and
measures for the protection and restoration of the environment in the zone from the effects of general mining operations in the zone;
to consider, and review, the implementation, in relation to general mining operations in the zone, of requirements of or having effect under prescribed instruments in so far as those requirements relate to any matter affecting the environment in the zone;
to advise the Minister, or a person designated by the Minister in writing, with respect to:
the effects on the environment of general mining operations in the zone;
standards, practices and procedures in relation to general mining operations in the zone for the protection of, or in so far as those standards, practices and procedures affect, the environment in the zone;
measures for the protection and restoration of the environment in the zone from the effects of general mining operations in the zone; and
requirements of or having effect under prescribed instruments in relation to general mining operations in the zone in so far as those requirements relate to any matter affecting the environment in the zone and the implementation of those requirements;
to perform such other functions, in relation to general mining operations in the zone, as are conferred on him or her by or under a prescribed instrument (including this Act); and
to do anything incidental or conducive to the performance of any of the foregoing functions.
However, the Supervising Scientist does not have the functions described in subsection (1) in relation to general mining operations in an area specified by the Minister in a direction under section 7 as an area in relation to which the Supervising Scientist does not have those functions.
Subsection (2) applies whether the Minister gave the direction before or after the commencement of this subsection.
The Supervising Scientist has the function of giving to the Minister, on the Minister’s request, scientific and technical advice on environmental matters outside the Region.
The Supervising Scientist may perform that function to the extent only that it is not in excess of the functions that may be conferred on him or her by virtue of any of the legislative powers of the Parliament, and, in particular, may perform that function:
in so far as it is appropriate for the function to be performed by the Supervising Scientist on behalf of the Government of the Commonwealth as the national Government of Australia; or
for purposes for which it is appropriate for the Parliament as the national Parliament of Australia to authorise the Supervising Scientist to perform functions; or
by way of expenditure of money that is available for the purposes of the Supervising Scientist in accordance with an appropriation made by the Parliament; or
in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; or
for purposes related to external affairs; or
for purposes in or in relation to a Territory.
The Supervising Scientist has power to do all things that are necessary or convenient to be done for, or in connexion with, the performance of his or her functions.
The Supervising Scientist shall comply with directions given to him or her from time to time by the Minister in relation to the performance of his or her functions or the exercise of his or her powers and shall furnish to the Minister such information in relation to the operation of this Act as the Minister requires.
The Supervising Scientist is to be engaged under the Public Service Act 1999.
There is to be an Advisory Committee.
Showing the first 12 of 41 provisions. See all provisions