Parks and Reserves (Framework for the Future) Act 2003

(1) The purpose of this Act is to provide a framework for negotiations between the Territory and the traditional Aboriginal owners of certain parks and reserves for the establishment, maintenance and management of a comprehensive system of parks and reserves.

(a) is developed in partnership between the Territory and the traditional Aboriginal owners of the parks and reserves;

(b) benefits those traditional Aboriginal owners by recognising, valuing and incorporating indigenous culture, knowledge and decision making processes;

(d) serves the educational and recreational needs of Territorians and visitors to the Territory; and

Aboriginal land has the same meaning as in ALRA.

Aboriginal Land Trust means an Aboriginal Land Trust established under ALRA.

ALRA means the Aboriginal Land Rights (Northern Territory) Act 1976 of the Commonwealth.

indigenous land use agreement has the same meaning as in the NTA.

infrastructure facility has the same meaning as in the NTA.

joint management agreement, for a park or reserve, means an agreement between the Territory and the traditional Aboriginal owners of the park or reserve about the management of the park or reserve.

Land Council has the same meaning as in ALRA.

mining interest means an exploration licence, exploration retention licence or mining tenement within the meaning of the Mining Act 1982.

native title rights and interests has the same meaning as in the NTA.

NTA means the Native Title Act 1993 of the Commonwealth.

park means:

(a) a park declared, or purportedly declared, under section 12 of the Territory Parks and Wildlife Conservation Act 1976; or

(b) an area of land proposed to be declared as a park under section 12 of the Territory Parks and Wildlife Conservation Act 1976.

park freehold land means land over which park freehold title is granted.

park freehold title has the meaning in section 9.

Park Land Trust means a Park Land Trust established under section 9(3).

Planning Minister means the Minister for the time being administering the Planning Act 1999.

reserve means:

(a) a reserve declared, or purportedly declared, under section 12 of the Territory Parks and Wildlife Conservation Act 1976; or

(b) an area of land proposed to be declared as a reserve under section 12 of the Territory Parks and Wildlife Conservation Act 1976.

traditional Aboriginal owners has the same meaning as in ALRA.

(2) In this Act, a reference to the traditional Aboriginal owners of a park or reserve includes a reference to the traditional Aboriginal owners of part of the park or reserve.

(2) This Act must be read and construed in a manner consistent with ALRA and the NTA.

(1) Park freehold title is an estate in fee simple granted over land that is a park or reserve.

(a) the estate can only be granted to a Park Land Trust in trust for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of the land, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission;

(b) the estate is granted subject to any native title rights and interests in the land but free of all other estates and interests in that land;

(c) the estate cannot be sold and can only be transferred to another Park Land Trust in trust for the benefit of the Aboriginals referred to in paragraph (a);

(e) subject to the joint management agreement for the park or reserve, the estate can be leased or sub-leased and the resulting leasehold or sub-leasehold interest can be mortgaged;

(f) the estate may, with the agreement of the Territory, be surrendered (in whole or in part) to the Territory:

(i) so that the whole or part of the land can be used by the Territory otherwise than as a park or reserve; or

(ii) to facilitate the grant of the whole or part of the land to the traditional Aboriginal owners of the land so it can be used by those traditional Aboriginal owners for a specified purpose;

(g) the estate can only be compulsorily acquired under the Lands Acquisition Act 1978 for a public purpose that:

(h) if the estate is compulsorily acquired under the Lands Acquisition Act 1978, the compensation payable for the acquisition is to be determined as if the estate is an estate in fee simple free of the restrictions and conditions specified in paragraphs (a) to (g) (inclusive).

(3) The Chief Minister may, by notice in the Gazette, establish a body corporate (to be known as a Park Land Trust), subject to the conditions (if any) specified in the notice, for the purpose of holding park freehold title in trust for the benefit of Aboriginals entitled by Aboriginal tradition to the use or occupation of the land over which the park freehold title is granted, whether or not the traditional entitlement is qualified as to place, time, circumstance, purpose or permission.

(5) All courts, judges and persons acting judicially must take judicial notice of the common seal of a Park Land Trust and must presume it was duly affixed.

(b) to enter into agreements relating to the park freehold title held by the Trust.

(7) A Park Land Trust has the powers that are necessary or convenient for the performance of its functions.

(c) any other matter relating to the administration of a Park Land Trust.

(8A) Despite subsections (4), (6) and (7), the Regulations may limit the powers of a Park Land Trust.

(9) Sections 9(1) and 10(1) and (2) of the Crown Lands Act 1992 apply in relation to the grant of park freehold title as if:

(a) a reference to the Minister were a reference to the Chief Minister;

(b) a reference to an estate in fee simple were a reference to park freehold title; and

(c) a reference to a person who has a right to be granted an estate in fee simple were a reference to a Park Land Trust to which park freehold title is to be granted,

but this subsection does not require compliance with any other provision of the Crown Lands Act 1992 before park freehold title is granted.

(1) The Chief Minister is only authorised to do the things specified in section 8 if the following conditions are complied with on or before the date prescribed by section 16(1):

(a) the applicants in the applications referred to in section 50(1)(a) of ALRA relating to the parks and reserves specified in Schedules 2 and 3 have agreed to withdraw their applications;

(b) one or more indigenous land use agreements or other legally enforceable agreements have been executed in respect of the parks and reserves specified in Schedules 1, 2 and 3:

(i) dealing with compensation for the effect of the declaration or purported declaration and use of those parks and reserves on native title rights and interests; and

(c) the terms of the leases referred to in section 8(c) have been agreed between the parties and are in accordance with the principles set out in Schedule 4;

(d) subject to subsection (2), the terms of the joint management agreements referred to in section 8(d) have been agreed between the parties;

(e) the terms of the indigenous land use agreements referred to in section 8(e) have been agreed between the parties, are in accordance with the principles set out in Schedule 4, and are consistent with the terms of the relevant joint management agreements referred to in paragraph (d);

(f) each Aboriginal Land Trust holding an area of Aboriginal land specified in Schedule 5, which is land adjoining one or more parks and reserves specified in Schedule 1, have agreed:

(i) to lease that area of Aboriginal land to the Territory for inclusion in the parks and reserves it adjoins on terms that are in accordance with the principles set out in Schedule 4; and

(ii) that, when that area of Aboriginal land is included in those parks and reserves, it will be subject to the relevant joint management agreements referred to in paragraph (d).

(2) Each of the joint management agreements referred to in subsection (1)(d) must specify that Territorians and visitors to the Territory are permitted to enter the park or reserve to which the agreement relates without payment of an entry fee.

(3) This Act does not require any 2 or more of the indigenous land use agreements, leases, joint management agreements or other legally enforceable agreements referred to in subsection (1) to be in the same terms.

(1) The parks and reserves specified in Schedules 1, 2 and 3 are taken to be reserved from occupation under section 178 of the Mining Act 1982 as if the requirements of that Act relating to reserving those parks and reserves from occupation had been complied with and that Act applies in relation to those reservations accordingly.

(2) Subsection (1) does not apply to any land within a park or reserve specified in Schedule 1, 2, or 3 that:

(a) immediately before 19 September 2003, was the subject of an application for a mining interest; or

(b) immediately before the day on which this Act commenced, was occupied by a mining interest.

(a) all applications for mining interests relating to an area of land referred to in subsection (2)(a) have been refused; or

(b) an area of land referred to in subsection (2)(b) ceases to be occupied by a mining interest,

the area of land is taken to be reserved from occupation under section 178 of the Mining Act 1982 as if the requirements of that Act relating to reserving that land from occupation had been complied with and that Act applies in relation to those reservations accordingly.

(4) As soon as practicable after the conditions specified in section 10(1) have been complied with, the Chief Minister must, by notice in the Gazette, revoke the reservations from occupation created by this section, which revocation takes effect as if the requirements of the Mining Act 1982 relating to revoking such reservations had been complied with.