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.
Overview
The Northern Territory National Emergency Response (Arnhem Land) Declaration 2008 (No. 1) was enacted to address specific issues related to alcohol management in prescribed areas of Arnhem Land within the Northern Territory. This legislative instrument was introduced to amend the Northern Territory National Emergency Response Act 2007, providing for special emergency measures in designated areas. The enacting body responsible for this declaration is the Commonwealth Minister, who exercises authority under the provisions of the Emergency Response Act. The primary policy objective of this declaration was to facilitate the establishment of an alternative alcohol management approach in the prescribed areas, in consultation with relevant stakeholders and traditional owners, to better regulate the consumption and sale of alcohol in these regions.
The declaration was made in response to the Northern Territory Licensing Commission’s previous declaration of the Gove Peninsula and surrounding lands as a General Restricted Area under the East Arnhem Land Alcohol Management Plan. This earlier declaration aimed to prohibit alcohol consumption within the boundaries of this area, except at licensed premises or for individuals holding a current liquor permit. To complement this, the current declaration makes certain parts of the prescribed area not subject to the restrictions, thereby enabling the regulation of alcohol consumption at specific recreation sites as Public Restricted Areas. This approach was supported by extensive consultations with the community, including public hearings and submissions, as well as formal endorsements from Aboriginal land management groups.
Scope and Application
The Northern Territory National Emergency Response (Arnhem Land) Declaration 2008 (No. 1) pertains to areas within the Northern Territory that are subject to the Northern Territory National Emergency Response Act 2007. Specifically, this declaration modifies the status of certain areas in Arnhem Land, which are no longer considered 'prescribed areas' under the Emergency Response Act. This change is intended to facilitate a distinct approach to alcohol management in these areas. The declaration applies to the nineteen areas listed in Schedule 1, which have been identified as no longer requiring the stringent measures set forth by the Emergency Response Act. This includes the reclassification of parts of Arnhem Land to allow for regulated public consumption of alcohol at specified recreation sites. The declaration ensures these areas are aligned with the East Arnhem Land Alcohol Management Plan and the Liquor Act (NT), which governs alcohol licensing and consumption in the Northern Territory. The application of this declaration is confined to the Northern Territory and does not extend beyond its jurisdictional boundaries.
Key Provisions
The Northern Territory National Emergency Response (Arnhem Land) Declaration 2008 (No. 1) (the Declaration) is a significant piece of legislation that modifies the application of the Northern Territory National Emergency Response Act 2007 (the Emergency Response Act) in certain areas of Arnhem Land. Section 3 of the Declaration specifies that the areas listed in Schedule 1 are no longer considered 'prescribed areas' for the purposes of the Emergency Response Act. These areas were previously subject to special emergency measures concerning alcohol management, but the Declaration aims to refine the approach to alcohol regulation in these regions.
The obligations and requirements imposed by the Declaration are primarily focused on altering the geographic scope of the Emergency Response Act's provisions. By declaring specific areas in Arnhem Land as not being 'prescribed areas', the Declaration effectively exempts these regions from certain measures related to alcohol management. This change is intended to facilitate a more tailored approach to alcohol regulation in these areas, potentially allowing for more localised and community-driven solutions.
Under the Emergency Response Act, breaches of the provisions concerning alcohol management in prescribed areas can result in criminal offences and penalties. For instance, the sale or consumption of alcohol in a prescribed area without the necessary permits is a criminal offence, with potential penalties including fines and imprisonment. The maximum penalty for contravening these provisions is typically substantial, reflecting the seriousness of the legislation's intent to control alcohol in these regions. The specific penalties are detailed in the Emergency Response Act itself and can vary depending on the nature and severity of the offence.
The Declaration's approach to these areas is based on extensive consultation with relevant stakeholders, including the Northern Territory Licensing Commission and Aboriginal communities. The Commission held public hearings and received formal submissions, which generally supported the declaration of General and Public Restricted Areas. The views of Traditional Owners, as represented by the Dhimurru Land Management Aboriginal Corporation, were also considered, with their support for the declaration reinforcing its legitimacy and community acceptance. This consultation process underscores the importance of stakeholder engagement in shaping the legislative response to complex social issues.