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TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT BILL 2008

Serial 24
Territory Parks and Wildlife Conservation Amendment Bill 2008
Ms Anderson

A Bill for an Act to amend the Territory Parks and Wildlife Conservation Act

NORTHERN TERRITORY OF AUSTRALIA

TERRITORY PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 2008

____________________

Act No. [ ] of 2008

____________________

TABLE OF PROVISIONS

24 Minister may redeclare parks and reserves

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2008

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An Act to amend the Territory Parks and Wildlife Conservation Act

[Assented to [ ] 2008]

[Second reading [ ] 2008]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Territory Parks and Wildlife Conservation Amendment Act 2008.

2 Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

3 Act amended

This Act amends the Territory Parks and Wildlife Conservation Act.

4 Amendment of section 22 (Interpretation)

(1) Section 22(1), definition ALRA

omit

(2) Section 22(1)

insert (in alphabetical order)

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

indigenous land use agreement, see section 253 of the Native Title Act 1993 (Cth).

Land Trust means an Aboriginal Land Trust established under ALRA or a Park Land Trust established under the Framework Act.

5 Amendment of section 23A (Minister may execute joint management agreement)

(1) Section 23A(1)

omit

agreement for a park or reserve.

substitute

agreement:

(a) for a park or reserve; or

(b) for a park or reserve and an area of land adjoining the park or reserve.

(2) Section 23A(2), after "park or reserve"

insert

, and any adjoining area of land to which the agreement relates,

6 Repeal and substitution of section 24

Section 24

repeal, substitute

24 Minister may redeclare parks and reserves

(1) This section applies to an area of land (a relevant area) declared to be a park or reserve by a section 12 declaration.

(2) If the park or reserve for a relevant area is a scheduled park or reserve, the Minister may, by a single Gazette notice:

(a) revoke the declaration, or purported declaration, for the relevant area; and

(b) declare the relevant area to be a park or reserve, provided that:

(i) any part of the relevant area to be used for any of the following purposes may be excluded from the declaration:

(A) public road or road reserve;

(B) other corridor for transport;

(C) supply of a utility;

(D) Aboriginal community living area; and

(ii) any other area of land may be included in the declaration if the other area of land adjoins the relevant area and is either of the following:

(A) the subject of an indigenous land use agreement under which it is agreed the other area of land will be granted to a Land Trust and leased to the Territory for the purposes of a park or reserve;

(B) described as part of the scheduled park or reserve in Schedule 1, Part 5 of ALRA.

(3) If the park or reserve for a relevant area is not a scheduled park or reserve but the joint management partners have executed a joint management agreement for the park or reserve (whether or not the agreement relates to other land adjoining the park or reserve) the Minister may, by a single Gazette notice:

(a) revoke the declaration, or purported declaration, for the relevant area; and

(b) declare the relevant area to be a park or reserve, provided that:

(i) any part of the relevant area to be used for any of the following purposes may be excluded from the declaration:

(A) public road or road reserve;

(B) other corridor for transport;

(C) supply of a utility;

(D) Aboriginal community living area; and

(ii) any other area of land to which the joint management agreement relates may be included in the declaration.

(4) The powers under subsections (2) and (3) may be exercised only once in relation to each park or reserve.

(5) A revocation under subsection (2)(a) or (3)(a) has effect as if it were a revocation under section 13.

(6) A declaration under subsection (2)(b) or (3)(b) has effect as if it were the declaration of a park or reserve under section 12.

(7) In this section:

section 12 declaration means a declaration or purported declaration, in force or purportedly in force under section 12 immediately before the commencement of this Part.

utility means communications, electricity, gas or water.

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