National Parks and Wildlife Conservation Amendment Act 1979

Overview

The National Parks and Wildlife Conservation Amendment Act 1979 was enacted to address the need for the establishment and development of a township at Jabiru in Kakadu National Park in the Northern Territory. This Act amends the National Parks and Wildlife Conservation Act 1975 to facilitate the necessary arrangements for the township, including the granting of licences and leases to the Jabiru Town Development Authority. The enactment was carried out by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia. The primary policy objective of the Act is to allow for the development of the township at Jabiru within the park, ensuring that it aligns with the broader objectives of park management while accommodating necessary infrastructure and services.

Scope and Application

The National Parks and Wildlife Conservation Amendment Act 1979 applies specifically to the establishment and development of a township at Jabiru within the Kakadu National Park in the Northern Territory. This Act amends the National Parks and Wildlife Conservation Act 1975, authorising the Jabiru Town Development Authority to carry out activities necessary for the establishment and development of the township at Jabiru. The Act applies to the Authority, the Director of National Parks, and any other entities involved in the development of the township. It provides the legal framework for the Director to grant licences to the Authority, subject to certain conditions, to enable the commencement of development activities before the plan of management for the Park comes into force. The Act also includes provisions for the variation of these licences and their operation in conjunction with the town plan and the plan of management once they are in force. It is geographically confined to the Northern Territory and operates under the overarching jurisdiction of the Commonwealth of Australia. The Act does not specify exclusions or exemptions, and it allows for the extension or restriction of its application through subordinate instruments such as town plans and management plans.

Key Provisions

The National Parks and Wildlife Conservation Amendment Act 1979 (C2004A02052) introduces specific provisions for the establishment and development of a township at Jabiru in the Kakadu National Park within the Northern Territory. Section 8d of the Act (sub-section 8d(2)) allows the Director to grant licences to the Jabiru Town Development Authority (the Authority), established under the Jabiru Town Development Act 1978, to undertake actions necessary for the establishment and development of the township at Jabiru. These licences can be granted before a plan of management for the Park comes into force, provided that the Authority has consulted with relevant authorities and Aboriginal Land Councils, as necessary. Section 8d(3) outlines the conditions under which a licence may be granted, including written agreement from relevant authorities and consultation with Aboriginal Land Councils. Section 8d(4) allows for the variation of these licences with the Authority's consent. Furthermore, Section 8d(8) specifies that upon the coming into effect of a town plan, the township shall be governed by the provisions of section 8c of the Principal Act. The Act imposes several obligations on the parties involved. Firstly, the Authority must inform the Director that all relevant authorities and bodies, including Aboriginal Land Councils, have agreed to the issuance of the licence. Secondly, the Director must ensure that any licence granted includes conditions that align with the objectives outlined in sub-section 11(8) of the Act. Additionally, any variations to the licence, preparation of the plan of management, and the town plan must consider existing structures and works. The Director also has the authority to impose additional conditions on the licences as deemed fit. Breach of the provisions outlined in the Act may result in significant consequences. While the Act does not explicitly detail specific offences or penalties, contraventions of the National Parks and Wildlife Conservation Act 1975, under which this amendment operates, could lead to civil and criminal penalties. Typically, penalties for breaches of national park and wildlife conservation laws in Australia can include fines and imprisonment, with the exact penalties varying based on the severity and nature of the breach. For instance, unauthorised activities within protected areas could result in substantial fines and potential imprisonment terms, depending on the jurisdiction and specific circumstances of the violation.