1Short title
This Act may be cited as the Territory Parks and Wildlife
Conservation Act 1976.
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This Act was passed before the online parliamentary record we can search begins (1978). Any explanatory memorandum or second reading speech for its bill is in the printed parliamentary papers and Hansard.
Explanatory material and speeches for the bills of later Acts that amended this Act, newest first. They explain the amendment, not necessarily the provision you are reading.
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This Act may be cited as the Territory Parks and Wildlife
Conservation Act 1976.
Sections 1 and 2 and Parts V, VI, VII, VIII, IX and X of this
Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette as the date on which those sections come into operation.
The remaining sections of this Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette as the date on which those remaining sections come into operation.
The Ordinances listed in Schedule 1 are repealed.
Notwithstanding the repeals effected by section 3, the by-laws in force under the National Parks and Gardens Act 1959 immediately before the commencement of this Act are, in relation to the land in relation to which they operated immediately before the commencement of this Act, as valid and effectual as if when they were made this Act had been in operation and they had been made by the
Commission under this Act, and they shall continue in force but may be amended or repealed by by-laws made under this Act.
For the purposes of subsection (1), section 71 empowers the
Commission to make by-laws in relation to land that, immediately before the commencement of this Act, was committed to the care, control and management of the Reserves Board under section 13(1) of the National Parks and Gardens Act 1959 as though that land was declared under this Act to be a reserve under the Crown Lands
Act 1992.
Notwithstanding the repeals effected by section 3 but subject to this Act, land that immediately before the commencement of this Act was committed to the care, control and management of the Reserves
Board under section 13(1) of the National Parks and Gardens Act 1959 continues to be committed to the care, control and management of the Commission as though that Act had not been repealed but the Commission had, by virtue of this Act, assumed the assets, rights and liabilities of the Reserves Board.
The commission of an area of land, or of a part of an area of land, to the Commission may be revoked in like manner to the manner in which the commission of an area of land or of a part of an area of land to the Reserves Board could have been revoked immediately before the commencement of this Act.
Where, immediately before the commencement of this Act, an area of land was a protected area under the Wildlife Conservation and
Control Act 1962, that area continues to be a protected area as though the declaration was made under this Act but the declaration may be revoked by action taken under this Act.
At the commencement of this Act all persons employed by the
Northern Territory Reserves Board under the National Parks and
Gardens Act 1959 shall become employees of the Commission on the same terms under which they were employed immediately before the commencement of this Act.
The rights, assets and liabilities of the Northern Territory
Reserves Board existing immediately before the commencement of this
Act are acquired and accepted by the Commission.
The Commission shall carry out, complete and give effect to all dealings, transactions or matters that the Northern Territory
Reserves Board was required to carry out, complete or give effect to at the commencement of this Act as if the Commission were that Board and exercising its powers and functions under the National Parks and Gardens Act 1959.
All documents and things existing at the commencement of this
Act and executed by or signed on behalf of the Northern Territory
Reserves Board shall be construed as if those documents or things were executed by or signed on behalf of the Commission, and all references in those documents or things to the Northern Territory
Reserves Board shall be read as references to the Commission.
Notwithstanding any law of the Territory, the Registrar-General shall, after the commencement of this Act, without other authority than this Act, upon application by the Commission, amend all references in the registers kept under the Land Title Act 2000 to the Northern Territory Reserves Board, to read as references to the Commission.
This Act binds the Crown.
The object of this Part is to make provision for the establishment and management of parks and reserves appropriate to be established by the Administrator.
(1) Subject to this section and to section 14, the Administrator may:
(a) by notice in the Gazette, declare an area of land to be a park or reserve, whether or not a person, other than the Territory, holds a right, title or interest, including:
(i) a right, title or interest (including a lease) held by the Corporation; and
(ii) any native title rights and interests within the meaning of the Native Title Act 1993 of the Commonwealth,
in respect of the land or a part of the land (including any subsoil);
(aa) by the same notice in the Gazette, declare that, notwithstanding subsection (7), a right, title or interest held by the Territory in respect of the land, or a part of the land, (including any subsoil) within the park or reserve does not, on the declaration of the park or reserve, vest in the Corporation; and
(b) by the same or by another notice in the Gazette, declare the whole or a specified part of the park or reserve to be a wilderness zone.
(1A) Notwithstanding the declaration under subsection (1) of an area of land to be a park or reserve, nothing in this Act is to be taken to affect or derogate from a right, title or interest, including any native title rights and interests within the meaning of the Native Title Act 1993 of the Commonwealth, held by a person other than the Territory or the Corporation in respect of the land or a part of the land (including any subsoil).
(2) The Commission may, after receiving a report from the Place Names Committee, assign a name to a park or reserve or a proposed park or proposed reserve.
(3) A notice under subsection (1) 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 under subsection (1) in relation to the park or reserve except in accordance with the plan of management.
(6) Where an area is declared by notice under subsection (1) to be a park or reserve:
the subsoil beneath any land within the area;
(b) the bed of any stream, lake, inlet or other water within the area; and
the subsoil beneath any such bed,
except in so far as they are, in the notice, expressly declared to be not within that park or reserve, shall be taken to be within that park or reserve.
(7) Except where a declaration is made under subsection (1)(aa) in relation to land, on the declaration of a park or reserve under subsection (1), all right, title and interest both legal and beneficial held by the Territory in respect of the land (including any subsoil) within the park or reserve, but not in respect of any minerals, becomes, by force of this subsection, vested in the Corporation.
(8) Where any land is acquired by the Territory for the purposes of this section, the Minister shall, as soon as practicable after the acquisition, but subject to compliance with section 14, cause the carrying out of that purpose to be submitted for consideration by the Administrator.
(1) Subject to this section and to section 14, the Administrator may, by notice in the Gazette:
revoke or amend a notice given under section 12; or
(b) revoke the declaration by or under section 25A of a sanctuary or change the boundaries of a sanctuary.
(2) A notice under subsection (1) by virtue of which any land (including any subsoil) or sea ceases to be land or sea within a park or reserve or within a sanctuary or a wilderness zone shall not be given except in accordance with a resolution passed by the Legislative Assembly.
(3) If, by virtue of a notice given under subsection (1), any land, other than land leased by the Corporation as lessee, ceases to be land within a park or reserve, all right, title and interest held by the Corporation in respect of that land becomes, by force of this subsection, vested in the Territory.
(4) If, by virtue of a notice given under subsection (1), any land leased by the Corporation as lessee ceases to be land within a park or reserve, the lease of that land is, by force of this subsection, surrendered.
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