EXPLANATORY STATEMENT
Northern Territory National Emergency Response (Alcohol – Nitmiluk National Park and Devils Marbles Nature Reserve) Declaration 2009 (No. 1)
Summary
The Northern Territory National Emergency Response Act 2007 (the Emergency Response Act) provides for special emergency measures to apply in prescribed areas. Division 2 of Part 2 of the Emergency Response Act provides for certain alcohol-related measures to apply in relation to prescribed areas.
The term prescribed area is defined in section 4 of the Emergency Response Act.
Paragraph 19(1)(b) of the Emergency Response Act provides that the Commonwealth Minister may declare that Division 2 of Part 2 of that Act ceases to have effect in relation to a specified prescribed area or specified part of a prescribed area.
The Northern Territory National Emergency Response (Alcohol) Declaration 2007 (No. 1) (the Declaration) provides that specified camping grounds in Kakadu National Park and Nitmiluk National Park are areas in relation to which Division 2 of Part 2 of the Emergency Response Act ceases to have effect.
Explanation of the provisions
Section 1 of the Declaration provides that it is called the Northern Territory National Emergency Response (Alcohol – Nitmiluk National Park and Devils Marbles Nature Reserve) Declaration 2009 (No. 1).
Section 2 provides that the Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 provides that each part of a prescribed area listed in Schedule 1 of the Declaration is part of a prescribed area in relation to which Division 2 of Part 2 of the Emergency Response Act ceases to have effect.
Consultation
The FaHCSIA NT SO, NT Parks and Wildlife, NT Department of Justice, NT Department Health and Families, NT Police, the Northern Land Council, the Central Land Council the Jawoyn Association and relevant Government Business Managers and the Commercial and Indigenous Law Branch of FaHCSIA were consulted in the preparation of this declaration. There were no objections from the parties consulted in relation to these requests.
Overview
The Northern Territory National Emergency Response (Alcohol – Nitmiluk National Park and Devils Marbles Nature Reserve) Declaration 2009 (No. 1) was enacted to modify the alcohol-related measures stipulated under the Northern Territory National Emergency Response Act 2007. This Act was introduced by the Commonwealth Parliament to address significant social issues, including alcohol abuse, in prescribed areas of the Northern Territory. The primary aim of this declaration is to cease the application of certain alcohol-related measures in specific parts of Nitmiluk National Park and Devils Marbles Nature Reserve, as detailed in Schedule 1 of the declaration. This modification seeks to tailor the emergency response measures to better suit the unique circumstances and needs of these areas, as informed by consultations with various stakeholders including government agencies, Indigenous councils, and local authorities.
Scope and Application
The Northern Territory National Emergency Response (Alcohol – Nitmiluk National Park and Devils Marbles Nature Reserve) Declaration 2009 (No. 1) operates under the framework established by the Northern Territory National Emergency Response Act 2007. This declaration specifically modifies the application of alcohol-related measures within certain prescribed areas of the Northern Territory. As per the Emergency Response Act, the term "prescribed area" is defined in section 4, and these areas are subject to the emergency measures unless otherwise specified by subsequent declarations. This particular declaration exempts certain camping grounds within Nitmiluk National Park and Devils Marbles Nature Reserve from the alcohol restrictions that would otherwise apply under Division 2 of Part 2 of the Emergency Response Act. The scope of the declaration is limited to these specific areas, as listed in Schedule 1, and does not affect other prescribed areas unless further amendments are made. The declaration was developed through consultations with various stakeholders, including government agencies and indigenous land councils, ensuring a broad consensus on the changes proposed.
Key Provisions
The Northern Territory National Emergency Response (Alcohol – Nitmiluk National Park and Devils Marbles Nature Reserve) Declaration 2009 (No. 1) (the Declaration) is a legislative instrument under the Northern Territory National Emergency Response Act 2007 (the Emergency Response Act). This Declaration specifically addresses alcohol-related measures within designated areas, namely Nitmiluk National Park and Devils Marbles Nature Reserve (section 1). The Declaration came into effect on the day after its registration on the Federal Register of Legislative Instruments (section 2). It effectively modifies the application of Division 2 of Part 2 of the Emergency Response Act, so that these alcohol-related measures no longer apply to the areas listed in Schedule 1 (section 3).
The main operative sections of the Declaration concern the cessation of certain alcohol-related measures within specified parts of Nitmiluk National Park and Devils Marbles Nature Reserve. Under the Emergency Response Act, these measures include restrictions on the sale and consumption of alcohol, which are aimed at addressing alcohol-related harm in prescribed areas. The Declaration revokes these specific measures for the listed areas, meaning that the usual restrictions no longer apply. This change is significant as it adjusts the regulatory framework within these parks, potentially allowing for different management of alcohol consumption and sales.
The obligations and requirements imposed by the Declaration on the parties and entities it governs are primarily related to the compliance with the altered regulatory framework. Those operating within the specified areas must now adhere to the general alcohol regulations applicable to the Northern Territory, rather than the stricter measures previously in place under the Emergency Response Act. This change in governance necessitates that park authorities, businesses, and individuals operating within these parks understand and comply with the new regulatory environment.
The Declaration does not explicitly outline offences, penalties, or specific consequences for breach within its text. However, any breach of alcohol-related laws within the specified areas would be governed by the general alcohol regulations of the Northern Territory. This could include potential fines, licence suspensions, or other administrative actions as stipulated under the Northern Territory liquor licensing laws. Given that the stricter measures of the Emergency Response Act no longer apply, any penalties would be in accordance with the standard liquor licensing regulations of the Northern Territory.