1Citation
These Regulations may be cited as the Territory Parks and Wildlife
Conservation Regulations 2001.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
These Regulations may be cited as the Territory Parks and Wildlife
Conservation Regulations 2001.
In these Regulations:
infringement notice, see regulation 7.
infringement offence, means an offence against a provision of the Act specified in Schedule 3, column 1.
prescribed amount, for an infringement offence, means the amount equal to the monetary value of the number of penalty units specified in Schedule 3, column 2 opposite the offence provision.
For section 25APA(5)(b) of the Act, 1 July 2027 is prescribed.
Note for regulation 1B
Under section 25APA(5) of the Act, the Territory Parks and Wildlife Conservation By-laws 1984 may cease to have effect on an earlier day specified in a by-law made for a joint management park or reserve under section 25AQ of the Act.
(1) The classifications for classifying the conservation status of wildlife in the Territory are the categories known as the IUCN Red List Categories as prepared by the IUCN Species Survival Commission and approved by the IUCN Council from time to time.
In subregulation (1):
IUCN means the International Union for Conservation of Nature and Natural Resources.
All species of threatened wildlife, whether identified by classification or species, are protected wildlife.
For section 45A of the Act, the following statutory approvals are prescribed:
(a) an authorisation to use and develop land under section 21A or 25AKB of the Act;
a development permit issued under the Planning Act 1999;
(c) a clearing permit granted under section 91H of the Pastoral Land Act 1992;
(d) an environmental approval granted under Part 5 of the Environment Protection Act 2019;
(e) an environmental (mining) licence granted under Part 5A, Division 4, Subdivision 3 or Subdivision 7 or section 313 of the Environment Protection Act 2019;
(f) an environment management plan approved under regulation 11 of the Petroleum (Environment) Regulations 2016.
Animals of a species of animal specified in Schedule 1 are not prohibited entrants.
For section 56(1)(h) of the Act, the Director must consider and take into account the following in deciding whether to grant or refuse to grant a permit in relation to a joint management park or reserve:
the relevant agreements for the park or reserve;
any joint management plan for the park or reserve;
(c) the objective of joint management mentioned in section 25AB of the Act;
(d) the principles of joint management mentioned in section 25AC of the Act;
(e) if there is no joint management plan for the park or reserve – any agreement under section 25AK(3) of the Act.
For the purposes of section 66(1) of the Act, a person is authorised to kill or injure a snake that is protected wildlife if:
the snake is within 100 metres of an occupied building; or
(b) the person honestly believes that it is necessary to kill or injure the snake to avoid an immediate danger of death or injury to a person or a domestic animal.
For the purposes of section 116(3)(a) of the Act:
the holder of a permit may, at the time the permit is granted or at any other time before wildlife is taken under the permit, pay the amount specified in column 3 of Schedule 2 for each unit of quantity specified opposite in column 2 of Schedule 2 of the wildlife specified opposite in column 1 of Schedule 2 to be taken under the permit; and
an amount paid under paragraph (a) is to be credited towards royalties subsequently payable by the holder of the permit to the
Territory in respect of wildlife actually taken under the permit.
If a conservation officer reasonably believes a person has committed an infringement offence, the officer may serve a notice (an
infringement notice) on the person.
The infringement notice must specify the following particulars:
the name and address of the alleged offender, if known;
the date of the infringement notice;
the date, time and place of the infringement offence;
(d) a description of the infringement offence and the prescribed amount payable for the offence;
(e) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable.
(2) An infringement notice must include a statement to the effect of the following:
(a) the alleged offender may expiate the infringement offence and avoid further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after service of the notice;
(b) the alleged offender may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and serving it on the specified enforcement agency;
(c) if the alleged offender does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001 including (but not limited to) action for the following:
suspension of the alleged offender's licence to drive;
suspension of the alleged offender's vehicle registration;
seizure of personal property of the alleged offender;
(iv) deduction of an amount from the alleged offender's wages or salary;
(v) registration of a statutory charge on land owned by the alleged offender;
(vi) making of a community work order for the alleged offender which may result in imprisonment of the alleged offender if the alleged offender breaches the order.
(3) Also, the infringement notice must include the statement of election mentioned in subregulation (2)(b).
Showing the first 12 of 18 provisions. See all provisions