Nitmiluk (Katherine Gorge) National Park (Aircraft) By-laws (NT)

NOTE:

THESE BY-LAWS CEASED TO HAVE EFFECT ON 28 FEBRUARY 2003

BECAUSE THEY WERE NOT LAID BEFORE THE LEGISLATIVE ASSEMBLY

WITHIN 3 SITTING DAYS AFTER THEY WERE NOTIFIED IN THE GAZETTE.

SEE SECTION 63(3)(c) AND (8) OF THE INTERPRETATION ACT.

NORTHERN TERRITORY OF AUSTRALIA

NITMILUK (KATHERINE GORGE) NATIONAL PARK (AIRCRAFT) BY-LAWS

As in force at 1 January 2003

TABLE OF PROVISIONS

By-law

1.        Citation

2.        Commencement

3.        Definitions

4.        Offence to fly aircraft over Park without            permit

5.        Person or aircraft operator may apply for   permit

6.        Commission may issue permit

7.        Some applications to be referred to   Board

8.        Terms of permit

9.        Board to set fee payable

10.      Permit may be subject to royalty payment

11.      No other permit required

Notes

NORTHERN TERRITORY OF AUSTRALIA

____________________

This reprint shows the By-laws as in force at 1 January 2003.  Any amendments that may come into operation after that date are not included.

____________________

NITMILUK (KATHERINE GORGE) NATIONAL PARK (AIRCRAFT) BY-LAWS

By-laws under the Nitmiluk (Katherine Gorge) National Park Act

1. Citation

   These By-laws may be cited as the Nitmiluk (Katherine Gorge) National Park (Aircraft) By-laws.  (See back note 1)

2. Commencement

   These By-laws come into operation on 1 January 2003.

3. Definitions

   In these By-laws –

   "aircraft operator" means a person (other than the pilot) who is responsible for the operation of the aircraft and compliance with applicable regulations;

   "height" means height above mean sea level.

4. Offence to fly aircraft over Park without permit

   (1)      A person must not fly an aircraft at a height of less than 3 000 metres over the Park unless the person or the aircraft operator holds a permit under these By-laws.

   Penalty:  50 penalty units

   (2)      An aircraft operator must not cause or permit an aircraft to be flown at a height of less than 3 000 metres over the Park unless the aircraft operator or the pilot of the aircraft holds a permit under these By-laws.

   Penalty:  50 penalty units.

   (3)      Clauses (1) and (2) do not apply –

   (a)      if the aircraft is involved in performing park management duties;

   (b)      to military aircraft; or

   (c)      in an emergency.

5. Person or aircraft operator may apply for permit

   (1)      A person or an aircraft operator may apply to the Commission for a permit under these By-laws.

   (2)      An application is to contain the information required by the Commission and is to state the nature of the intended flight or flights.

6. Commission may issue permit

   In accordance with policy set by the Board from time to time and subject to by-law 7, the Commission may issue a permit for a person to fly an aircraft below a height of 3 000 metres over the Park, subject to any conditions determined by the Commission.

7. Some applications to be referred to Board

   (1)      If an application for a permit indicates an intention to perform multiple flights in a commercial enterprise, the Commission is to refer the application to the Board.

   (2)      If the Board approves an application for a permit, the Commission is to issue the permit, subject to any conditions determined by the Board.

8. Terms of permit     

   A permit –

   (a)is valid for the period specified in the permit; and

   (b)is subject to –

   (i)compliance with an operational agreement (if any) between the aircraft operator and the Commission; and

   (ii)the conditions, if any, the Commission (or the Board) thinks fit and specifies in the permit.

9. Board to set fee payable

   (1)      The Board may, from time to time, determine the amount that is payable as a fee for a permit under these By-laws.

   (2)      A fee determined under clause (1) may vary according to the period of validity of the permit and the nature of the intended flight or flights.

10. Permit may be subject to royalty payment

    A permit may be subject to the payment of a royalty (whether calculated on a "per person" basis, percentage of revenue basis or otherwise) as determined by the Board in addition to the fee referred to in by-law 9.

11. No other permit required

    A permit issued under these By-laws in relation to a commercial enterprise authorises the holder of the permit to operate the enterprise within the Park and a separate permit under the Territory Parks and Wildlife Conservation By-laws is not required unless specified by the Commission.

____________________________

Notes

1. The Nitmiluk (Katherine Gorge) National Park (Aircraft) By-laws, in force under the Nitmiluk (Katherine Gorge) National Park Act, comprise the By-laws 2002, No. 60 as amended by the other By-laws specified in the following table:

Year and number	Date made	Date notified in the Gazette	Date of commencement
2002, No. 60	14 Nov 2002	18 Dec 2002	1 Jan 2003

____________________________

__________________