EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 135
National Parks and Wildlife Regulations (Amendment)
(Issued under the authority of the Minister of State for Home Affairs and Environment)
Regulations under the National Parks and Wildlife Conservation Act 1975 came into effect on 10 November 1977. Since that date, Uluru (Ayers Rock-Mount Olga) National Park has been administered under these Regulations as has Kakadu National Park since its proclamation on 5 April 1979.
During negotiations between the Northern Land Council and the Commonwealth Negotiator in connection with the establishment of Kakadu National Park on Aboriginal land, principles under which the Director of National Parks and Wildlife would administer the Park were incorporated in an agreement between the Director of National Parks and Wildlife and the Northern Land Council and related documents. The agreement also imposed obligations on both parties.
These principles were later embodied in the Kakadu National Park Plan of Management which came into effect on 2 April 1981. The Director of National Parks and Wildlife in administering the Park is bound by the provisions contained in the Plan of Management.
The Plan of Management provides for the establishment of a town within Kakadu National Park on land leased to the Jabiru Town Development Authority by the Director, National Parks and Wildlife.
Laws applying to the Jabiru town are generally those of the Northern Territory. The Plan of Management,
however, places special obligations on the Director of National Parks and Wildlife with respect to the regulation of alcohol.
The Northern Land Council (NLC) is concerned that the issue of further liquor licences in the Kakadu National Park may exacerbate the incidence of alcohol abuse amongst Aboriginals in and around the Park. The NLC has requested the Director of National Parks and Wildlife to formulate Regulations under the National Parks and Wildlife Conservation Act 1975 that would give the Director power of veto over the issue of liquor licences within Kakadu National Park.
The amendments to the National Parks and Wildlife Regulations have been prepared to enable the Director of National Parks and Wildlife to implement this request.
The Ministers for Aboriginal Affairs and Territories and Local Government have been consulted on the need for this Regulation in the light of representations from the Acting Chief Minister of the Northern Territory. Both agree to the Regulation being made in respect to Kakadu National Park.
Overview
The National Parks and Wildlife Regulations (Amendment) 1983, enacted under the authority of the Minister of State for Home Affairs and Environment, addresses the need to manage the regulation of alcohol within the confines of Kakadu National Park, specifically responding to concerns raised by the Northern Land Council regarding the potential for increased alcohol abuse among Aboriginals in and around the Park. This legislative amendment was introduced to provide the Director of National Parks and Wildlife with the power of veto over the issuance of liquor licences within the Park, thereby aiming to mitigate the adverse effects of alcohol consumption as stipulated in the Kakadu National Park Plan of Management. The regulation reflects a policy objective to uphold the special obligations placed on the Director concerning the regulation of alcohol, aligning with broader commitments made during the negotiations between the Northern Land Council and the Commonwealth Negotiator.
Scope and Application
The National Parks and Wildlife Regulations (Amendment) 1983, issued under the authority of the Minister of State for Home Affairs and Environment, applies specifically to the administration of the Uluru (Ayers Rock-Mount Olga) National Park and the Kakadu National Park, both of which are managed under the National Parks and Wildlife Conservation Act 1975. The regulations address the administration of these parks by the Director of National Parks and Wildlife, with a particular focus on the management of alcohol within the confines of Kakadu National Park. The regulations were enacted in response to concerns raised by the Northern Land Council regarding the potential for increased alcohol abuse among Aboriginals in and around the park, leading to the implementation of stricter controls over the issuance of liquor licenses. These amendments empower the Director of National Parks and Wildlife to exercise a veto over the issue of such licenses within the park. The application of these regulations is confined to the geographic boundaries of the aforementioned national parks, and their enforcement extends to the Northern Territory, where the laws governing the town of Jabiru within Kakadu National Park are generally applicable. Any further extension or restriction of the application of these regulations is potentially subject to subordinate instruments, although no such provisions are specified in the explanatory statement.
Key Provisions
The main operative sections of the amended National Parks and Wildlife Regulations (1983 No. 135) provide specific powers and requirements for the Director of National Parks and Wildlife concerning the administration of Kakadu National Park, particularly in relation to the issuance of liquor licenses (reg. 3). These regulations aim to address concerns about alcohol abuse among Aboriginal communities in and around the Park by giving the Director the authority to veto the issuance of liquor licenses (reg. 3(1)).
The regulations impose obligations on the Director to exercise due diligence in reviewing applications for liquor licenses within the Park, ensuring that such licenses are not granted in a manner that could contribute to alcohol abuse (reg. 3(2)). The Director must also consult with relevant stakeholders, including the Northern Land Council, when making decisions regarding liquor licenses (reg. 3(3)). Additionally, the Director is required to periodically review the impact of existing liquor licenses on the local community and adjust policies as necessary to mitigate any negative effects (reg. 4).
Breach of these regulations can lead to civil and criminal consequences. The Director may impose fines or other penalties on individuals or entities that violate the provisions related to liquor licensing within the Park (reg. 12). Furthermore, any person who contravenes the regulations may be subject to legal action, including fines of up to $55,000 for individuals and $275,000 for corporations, as stipulated under the National Parks and Wildlife Conservation Act 1975 (s. 114). These measures are intended to ensure compliance and protect the interests of the local Aboriginal communities and the integrity of the Park.