EXPLANATORY STATEMENT
Northern Territory National Emergency Response (Arnhem Land) Declaration 2008 (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. These measures relate to the sale and consumption of alcohol, the requirement to audit publicly funded computers and the licensing of community stores.
The term ‘prescribed area’ is defined in section 4 of the Emergency Response Act and covers the areas set out in subsection 4(2). Paragraph 4(4)(a) provides that the Commonwealth Minister may declare that an area in the Northern Territory that is covered by subsection 4(2) is not a prescribed area.
In March 2008, the Northern Territory Licensing Commission declared the Gove Peninsula and surrounding lands as a General Restricted Area under the East Arnhem Land Alcohol Management Plan. The effect has been to prohibit the consumption of alcohol within the boundaries of this area, unless a person is drinking at a licensed premises or is the holder of a current liquor permit. The proper operation of the General Restricted Area relies in part on a second declaration, to make several recreation sites Public Restricted Areas. This declaration will enable the public consumption of alcohol to be regulated at these sites.
In order for the Public Restricted Areas to be declared under the Liquor Act (NT) as part of the East Arnhem Land Alcohol Management Plan, the parts of a prescribed area described in Schedule 1 are declared not be a prescribed area.
Explanation of the provisions
Section 1 of the Declaration provides that it is called the Northern Territory National Emergency Response (Arnhem Land) Declaration 2008 (No. 1).
Section 2 provides that the Declaration commences on the day after it is registered.
Section 3 of the Declaration provides that the areas listed in Schedule 1 are not a ‘prescribed area’ for the purposes of the Emergency Response Act.
Schedule 1 provides that nineteen areas of Arnhem Land are no longer prescribed areas.
Consultation
The relevant policy branch of the Department of Families, Housing, Community Services and Indigenous Affairs has been consulted in relation to the declaration and its potential impact on the pornography provisions of the Emergency Response Act. The policy area saw no major impediment with this declaration proceeding, in favour of establishing an alternative alcohol management approach in the prescribed areas in question.
Extensive consultation was undertaken by the Northern Territory Licensing Commission on the proposed declaration of the General and Public Restricted Areas. This included two public hearings and a number of formal submissions received by the Commission, expressing general support.
The views of outlining Aboriginal communities were separately canvassed by the Commission, and a formal letter was received from the Dhimurru Land Management Aboriginal Corporation on behalf of Traditional Owners supporting the declaration of both the East Arnhem Land General Restricted Area and the proposed Public Restricted Areas.
In light of this consultation, no further consultation was considered necessary.