1Short title
This Act may be cited as the Parks and Wildlife Commission
Act 1980.
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This Act may be cited as the Parks and Wildlife Commission
Act 1980.
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
In this Act, unless the contrary intention appears:
Aboriginal land has the same meaning as in the
Aboriginal Land Rights (Northern Territory) Act 1976 of the
Commonwealth.
Chief Executive Officer means the Chief Executive
Officer, within the meaning of the Public Sector Employment and
Management Act 1993, of the Agency administering this Act.
Commission means the Parks and Wildlife Commission of the Northern Territory established by this Act.
Corporation means the Conservation Land Corporation established by this Act.
Director means the Director of Parks and Wildlife
holding office under section 4, and includes a person acting as Director.
wildlife includes both animals and plants.
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
3A Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 3A
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
The Director of Parks and Wildlife is:
the Chief Executive Officer; or
the person appointed under subsection (2).
(2) The Minister may appoint a person to be the Director of Parks and Wildlife.
(3) The Minister may at any time terminate an appointment made under subsection (2).
(4) Where a person appointed as Director under subsection (2) is absent from duty or from the Territory, the Minister may appoint a person to act as Director during the absence.
(5) A person appointed as Director under subsection (2) is subject to the direction of the Commission when exercising the Director's powers or performing the Director's functions.
The functions of the Director are:
to represent the Commission;
to execute the policy decisions of the Commission; and
(c) such other functions as are conferred on the Director by this Act or any other Act.
Subject to this Act, the Director has power to do all things that are necessary or convenient to be done for or in connection with, or incidental to, the performance of the Director's functions.
The Director may, in writing, delegate to a person (or to the holder from time to time of a particular designation or office) any of the Director's powers and functions under this or any other Act, other than this power of delegation.
A power or function delegated under this section, when exercised or performed by the delegate, is deemed to have been exercised or performed by the Director.
A delegation under this section is revocable at will and does not prevent the exercise of a power or performance of a function by the Director.
(1) There is hereby established a commission by the name of the Parks and Wildlife Commission of the Northern Territory.
The Commission:
is a body corporate with perpetual succession;
has a common seal; and
is capable in its corporate name of suing and being sued.
(3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the Commission affixed to a document and are to assume that it was duly affixed.
The Commission consists of the Chief Executive Officer.
(2) The establishment of the Commission is not affected by reason of a vacancy in the office of the Chief Executive Officer.
The functions of the Commission are:
(a) to promote the conservation and protection of the natural environment of the Territory:
by managing or participating in the management of:
(A) parks, reserves and sanctuaries established under the Territory Parks and Wildlife Conservation Act 1976 or any other Act of the Territory or the Commonwealth; and
(B) other land by agreement with the owners or occupiers of that land; and
(ii) by the promotion, and the enforcement where necessary, of the protection, conservation and sustainable use of wildlife, whether on such parks, reserves or sanctuaries or elsewhere in the Territory; and
(b) the management, for a purpose approved by the Minister, of other land;
and such other functions as are conferred on it by or under this or any other Act.
(1) Subject to section 22, the Commission has power to do all things necessary or convenient to be done for or in connection with or incidental to the performance of its functions and the exercise of its powers.
(2) Without limiting the generality of subsection (1), the Commission may, for the purpose of carrying out its functions and exercising its powers, including the powers conferred on it elsewhere in this Act:
enter into contracts;
erect buildings and structures and carry out works;
(c) acquire, hold and dispose of personal property or an interest in personal property;
(d) accept gifts and bequests made to the Commission whether in trust or otherwise and act as trustees of moneys and other property vested in the Commission upon trust; and
(e) occupy, use, manage and control any land or building owned or leased by the Territory, or the Corporation continued in existence by the Northern Territory Land Corporation Act 1989, and made available to the Commission.
The Commission must not acquire or hold any estate or interest in real property.
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