National Parks and Wildlife Conservation Amendment Act 1987

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National Parks and Wildlife Conservation Amendment Act 1987

No. 15 of 1987

 

An Act to amend the National Parks and Wildlife Conservation Act 1975, and for related purposes

[Assented to 18 May 1987]

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

Short title, etc.

1. (1) This Act may be cited as the National Parks and Wildlife Conservation Amendment Act 1987.

(2) The National Parks and Wildlife Conservation Act 19751 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.

Interpretation

3. Section 3 of the Principal Act is amended:

(a) by inserting after the definition of “interest” in subsection (1) the following definition:

“ ‘Kakadu National Park’ means the area for the time being declared under section 7 to be the park of that name;”; and


(b) by omitting from subsection (1) the definition of “operations for the recovery of minerals”

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

Operations for the recovery of minerals

“3a. (1) In this Act, subject to subsection (2), ‘operations for the recovery of minerals’ means any operations or activities for or in connection with, or incidental to, the mining (whether by underground or surface working) or recovery of minerals or the production of material from minerals and, in particular, without limiting the generality of the foregoing, includes:

(a) prospecting and exploration for minerals, the milling, refining, treatment and processing of minerals and the handling, transportation, storage and disposal of minerals and of material produced from minerals; and

(b) the construction and use of towns, camps, dams, pipelines, power lines or other structures, and the performance of any other work, for the purposes of any such operations or activities.

“(2) In this Act, ‘operations for the recovery of minerals’ does not include:

(a) anything done for the purposes of building or construction, or the supply of water, in a park or reserve, unless those purposes are connected with, or incidental to, operations for the recovery of minerals;

(b) the transportation of anything in the Kakadu National Park along routes (including air routes) prescribed for the purposes of this paragraph;

(c) the construction and use of pipelines and power lines in Kakadu National Park along routes prescribed for the purposes of this paragraph; or

(d) prescribed activities carried on in Kakadu National Park in connection with, or incidental to, operations for the recovery of minerals carried on outside Kakadu National Park.”.

Existing interests, etc., in parks, reserves and conservation zones

5. Section 8b of the Principal Act is amended by adding at the end the following subsection:

“(4) This section does not apply in relation to—

(a) any interest in respect of any minerals on, in or beneath land within Kakadu National Park; or

(b) any other interest in so far as it relates to operations for the recovery of any such minerals.”.

Mining, works, forestry, etc., in parks, reserves and wilderness zones

6. Section 10 of the Principal Act is amended—

(a) by omitting from subsection (1) “sub-section 8b (1) and section” and substituting “sections 8b and”;


(b) by inserting after subsection (1) the following subsections:

“(1a) No operations for the recovery of minerals shall be carried on in Kakadu National Park.

“(1b) Subsection (1a) shall not be taken to prevent the use, development or re-construction of the township known as Jabiru.”; and

(c) by inserting in subsection (2) “(not being Kakadu National Park)” after “reserve” (first occurring).

No compensation payable

7. Notwithstanding any law of the Commonwealth or of the Northern Territory, the Commonwealth is not liable to pay compensation to any person by reason of the enactment of this Act.

 

NOTE

1. No. 12, 1975. For previous amendments, see No. 37, 1976; Nos. 29 and 36, 1978; Nos. 42 and 155, 1979; No. 70, 1980; No. 111, 1982; Nos. 10, 63 and 72, 1984; No. 94, 1985; and No. 76, 1986.

[Minister’s second reading speech made in—

House of Representatives on 27 November 1986

Senate on 28 April 1987]

Overview

The National Parks and Wildlife Conservation Amendment Act 1987 was enacted by the Commonwealth Parliament to amend the National Parks and Wildlife Conservation Act 1975. This amendment was introduced to address the specific issue of mineral recovery operations within the Kakadu National Park. The Act explicitly prohibits any operations for the recovery of minerals within the park, except for the use, development, or reconstruction of the township of Jabiru. The policy objective is to protect the unique environmental and cultural values of the Kakadu National Park by preventing mining activities that could harm its natural and heritage assets. The Commonwealth is exempt from any compensation obligations arising from this Act, reflecting a deliberate policy choice to prioritise conservation over potential economic activities.

Scope and Application

The National Parks and Wildlife Conservation Amendment Act 1987 applies to the conduct and activities of individuals, entities, and industries within the geographic scope of the Commonwealth of Australia, specifically impacting the management and conservation of national parks and wildlife. This Act amends the National Parks and Wildlife Conservation Act 1975, focusing particularly on the prohibition of operations for the recovery of minerals within Kakadu National Park. It applies to any operations related to the mining, prospecting, exploration, and processing of minerals, explicitly excluding certain activities such as the transportation of materials along prescribed routes in the park, and construction of pipelines and power lines along these routes. The Act also exempts specific interests related to minerals within the park and excludes prescribed activities connected to operations outside the park. The Act does not extend compensation to any person due to its enactment and does not specify any thresholds or subordinate instruments that further extend or restrict its application.

Key Provisions

The National Parks and Wildlife Conservation Amendment Act 1987 introduces several key changes to the National Parks and Wildlife Conservation Act 1975, primarily concerning the Kakadu National Park. Firstly, the Act explicitly prohibits operations for the recovery of minerals within the park (section 6). It defines "operations for the recovery of minerals" broadly to include prospecting, exploration, mining, and processing of minerals, as well as the construction and use of related infrastructure (section 3a). However, it excludes certain activities such as prescribed transportation routes and construction of pipelines and power lines in the park (section 3a(2)). Furthermore, the Act clarifies that existing interests related to mineral recovery within the park are not affected by the prohibition (section 5(4)). The Act imposes specific obligations on entities and individuals who might otherwise engage in mineral recovery activities within Kakadu National Park. These obligations include the absolute prohibition of any operations related to mineral recovery within the park, except for the use, development, or reconstruction of the township of Jabiru (section 6(1a) and (1b)). The Act also explicitly excludes certain activities, such as the transportation of goods and infrastructure construction, that are prescribed and permitted within the park (section 3a(2)). Breaches of the Act's provisions carry both civil and criminal consequences. Although the Act does not explicitly detail the specific offences or penalties, it is reasonable to infer that violations could lead to legal actions under existing environmental protection laws. Such actions might include fines or imprisonment, depending on the severity and intent behind the breach. The Act also explicitly states that the Commonwealth is not liable to pay compensation for any loss or damage resulting from its enactment (section 7).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.