National Parks and Wildlife Conservation Amendment Act 1979

No. 42 of 1979

An Act relating to the establishment and development of a township at Jabiru in Kakadu National Park in the Northern Territory.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the National Parks and Wildlife Conservation Amendment Act 1979.

(2) The National Parks and Wildlife Conservation Act 1975 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. After section 8c of the Principal Act the following section is inserted:

Township at Jabiru

“8d. (1) In this section, unless the contrary intention appears—

‘Authority’ means the Jabiru Town Development Authority established by the Jabiru Town Development Act 1978 of the Northern Territory;

‘licence’ means a licence granted under sub-section (2), and includes a licence as varied under sub-section (4);

‘Park’ means the Kakadu National Park established under this Act in the Northern Territory;

‘township’ means the township referred to in sub-section (2).

“(2) At any time before a plan of management relating to the Park comes into force, the Director may grant written licences to the Authority authorizing it to do such things within the Park as are specified in the licences, being things that he considers necessary or convenient to be commenced, before the plan of management comes into force, for and in relation to the establishment and development of a township at or near a place in the Region known as Jabiru.

“(3) The Director shall not grant a licence under sub-section (2) unless—

(a)   the Authority has informed him, in writing, that the Territory Commission, and each other authority or body established by or under a law of the Northern Territory which the Authority has considered it appropriate to consult in relation to the issue of the licence, have agreed to the issue of the licence; and

 

(b)   where, under the Aboriginal Land Rights (Northern Territory) Act 1976, an Aboriginal Land Council has, or Aboriginal Land Councils have, been established for any area or areas wholly or partly within the Park—the Director has consulted with, and had regard to the views of, the Chairman of that Council or of each of those Councils, as the case may be, in relation to the issue of the licence.

 

“(4) In granting a licence under sub-section (2), the Director shall impose such conditions as he thinks fit providing for such of the objects set out in sub-section 11(8) as are applicable.

“(5) A licence may be varied at any time by the Director with the consent of the Authority.

“(6) At any time when a plan of management relating to the Park is in force, things authorized to be done by a licence shall be done in accordance with the licence and, to the extent to which the plan is not inconsistent with the licence, also in accordance with the plan.

“(7) As soon as practicable after a plan of management relating to the Park comes into force, a town plan relating to the township shall be prepared and approved as provided by section 8c.


“(8) On the date of coming into effect of a town plan in pursuance of sub-section (7), section 8c applies, subject to this section, in relation to the township as if it were a township established and developed in accordance with sub-section (1) of that section.

“(9) At any time after the coming into effect of a town plan in pursuance of sub-section (7), things authorized to be done by a licence shall be done in accordance with the licence and, to the extent to which the town plan is not inconsistent with the licence, also in accordance with the town plan.

“(10) In—

(a) the making of a variation of a licence;

(b) the preparation and consideration of a plan of management relating to the Park; and

(c) the preparation and approval of a town plan in pursuance of sub-section (7), due regard shall be had to buildings, structures and works constructed, erected or carried out, or authorized to be constructed, erected or carried out, in accordance with this section.”.

Restriction of disposal, &c., of land in parks and reserves

4. Section 9 of the Principal Act is amended-

(a) by inserting in sub-section (1) “, (2a)” after “(2)” and

(b) by inserting after sub-section (2) the following sub-section:

“(2a) The Director may, for the purposes of establishing and developing a township as provided by section 8d, grant leases of, or licences in respect of, land in the Kakadu National Park established under this Act in the Northern Territory.”.

Mining, works, forestry, &c., in parks, reserves and wilderness zones

5. Section 10 of the Principal Act is amended by inserting in sub-section (1) “and section 8d” after “8b(1)”.