EXPLANATORY STATEMENT
Northern Territory National Emergency Response (Bonaparte Gas Pipeline Camp) 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, the possession of prohibited material 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.
A camp for use by people working on the Bonaparte Gas Pipeline Project is to be constructed on land owned by the Daly River\Port Keats Aboriginal Land Trust. It is intended that alcohol will be available for consumption by camp occupants in a small area located within the camp's canteen facilities.
The area in which the proposed camp will be located is currently a prescribed area within the meaning of subsection 4(2) of the Emergency Response Act.
To be able to serve alcohol within the camp's canteen facilities a liquor licence will need to be issued under the Liquor Act (NT) (Liquor Act). Under section 13 of the Emergency Response Act, a licence under the Liquor Act that is in force within a prescribed area (whenever the licence was issued) continues to have effect according to its terms (subject to section 13 and the Liquor Act). The NT Licensing Commission will not issue a liquor licence unless the area to be covered by the licence is not a prescribed area at the time the licence is issued.
The purpose of this Declaration, therefore, is to provide that the area of the proposed camp is not a prescribed area for a period of five days only. This will ensure that the NT Licensing Commission will have a window of five days in which to grant a liquor licence under the Liquor Act in respect of the area covered by the Declaration. This Declaration is considered appropriate, as it supports the continued workability of the Liquor Act with regard to granting liquor licenses in prescribed areas.
The effect of the Declaration is that the other special emergency measures that apply in prescribed areas will also not apply in relation to the area covered by this Declaration for the five‑day period. The risks associated with this are considered minimal, given that the Declaration will be in force for a limited time period, the land in question is not near residential areas and the area covered by the Declaration is restricted to 5.4 hectares only.
Explanation of the provisions
Section 1 of the Declaration provides that it is called the Northern Territory National Emergency Response (Bonaparte Gas Pipeline Camp) Declaration 2008 (No. 1).
Section 2 provides that the Declaration takes effect on 22 August 2008.
Section 3 provides that the Declaration ceases to have effect on 28 August 2008.
Section 4 of the Declaration provides that the area listed in Schedule 1 is not a prescribed area for the purposes of the Emergency Response Act.
Schedule 1 specifies an area of the Daly River/Port Keats Aboriginal Land Trust land which is the subject of the Declaration.
Consultation
The relevant policy areas of the Australian Government have been consulted in relation the potential impact of this Declaration on the pornography provisions of the Emergency Response Act. No objections were raised from these policy areas to the granting of this Declaration.
The Northern Territory Licensing and Regulation Division has confirmed that consultations were undertaken with relevant stakeholders on revoking the General Restricted Area and granting the liquor licence. Stakeholders consulted were the Officer in Charge of Wadeye Police Station, the Northern Territory Government Police, Fire and Emergency Services Drug and Alcohol Policy Unit, Thamarrur Regional Council and Ngamarriyanga (Palumpa Station) Council.
The Bonaparte Gas Pipeline project has also secured a Principal Agreement with the Northern Land Council, in which certain liquor rules have been agreed in relation to the proposed licensed wet-mess area, including the use of an identity card and strict security measures to prevent access to liquor by unauthorised persons.
In light of the level of consultation that has already been undertaken, no further consultation was considered necessary.
Overview
The Northern Territory National Emergency Response (Bonaparte Gas Pipeline Camp) Declaration 2008 (No. 1) was introduced to address the logistical and operational requirements of the Bonaparte Gas Pipeline Project, specifically concerning the issuance of a liquor licence for a camp canteen facility on land owned by the Daly River/Port Keats Aboriginal Land Trust. Enacted by the Commonwealth Parliament, this declaration was made under the authority of the Northern Territory National Emergency Response Act 2007. The policy objective was to facilitate the operational needs of the pipeline project while ensuring compliance with existing emergency measures. The declaration effectively excluded the specified camp area from the prescribed areas defined by the Emergency Response Act for a limited period, thereby allowing the Northern Territory Licensing Commission to issue a liquor licence for the canteen within the camp. This measure was deemed necessary as the camp was situated within a prescribed area, and without the declaration, the issuance of such a licence would have been impossible.
Scope and Application
The Northern Territory National Emergency Response (Bonaparte Gas Pipeline Camp) Declaration 2008 (No. 1) serves to temporarily modify the scope of the Northern Territory National Emergency Response Act 2007, specifically in relation to a camp for workers on the Bonaparte Gas Pipeline Project. This Declaration exempts a specific area within the Daly River/Port Keats Aboriginal Land Trust from the definition of a "prescribed area" as outlined in the Emergency Response Act. This change is necessary to allow the Northern Territory Licensing Commission to issue a liquor licence for the camp’s canteen within the designated area, which would otherwise be prohibited in a prescribed area. The Declaration applies to this particular area for a limited period of five days, from 22 August to 28 August 2008, during which the special emergency measures concerning alcohol sales and consumption, computer auditing, prohibited material, and community store licensing will not apply. This temporary measure is intended to facilitate the practical operation of the Liquor Act in this unique context, with minimal risk due to the restricted area and short duration of the Declaration.
Key Provisions
The Northern Territory National Emergency Response (Bonaparte Gas Pipeline Camp) Declaration 2008 (No. 1) introduces specific provisions under the Northern Territory National Emergency Response Act 2007 (the Emergency Response Act). This Declaration (Section 1) aims to temporarily alter the status of a specific area to facilitate the issuance of a liquor licence under the Liquor Act (NT) (Liquor Act). The Declaration (Section 2) commences on 22 August 2008 and concludes on 28 August 2008 (Section 3). The key provision (Section 4) specifies that the area listed in Schedule 1, which pertains to the Bonaparte Gas Pipeline Project, is not considered a prescribed area for the duration of the Declaration. This temporary measure allows the Northern Territory Licensing Commission to issue a liquor licence for the canteen within the camp during this five-day window.
The obligations and requirements imposed by this Declaration primarily revolve around the facilitation of the issuance of a liquor licence for the Bonaparte Gas Pipeline Camp. To meet the requirements of the Liquor Act, the area must not be designated as a prescribed area. The Declaration ensures this by explicitly stating that the specified area is not a prescribed area for the five-day period. Additionally, consultations with relevant stakeholders, including the Northern Territory Licensing and Regulation Division, have been conducted to ensure the measures align with broader policy objectives and security requirements. These consultations have confirmed that the risks associated with the temporary designation are minimal and that necessary security measures are in place.
The Declaration includes potential consequences for non-compliance with the outlined provisions. Although the Declaration itself does not specify penalties, any breach of the terms set by the Emergency Response Act or the Liquor Act could result in legal consequences. Under the Liquor Act, failure to comply with licensing requirements can lead to civil penalties, including fines, and potential criminal charges for serving alcohol in an unauthorised manner. Given the specific nature of this Declaration and its limited duration, the primary focus is on ensuring that the temporary measures are implemented effectively to facilitate the issuance of the required liquor licence without violating the broader emergency response measures.
In summary, the Northern Territory National Emergency Response (Bonaparte Gas Pipeline Camp) Declaration 2008 (No. 1) provides a temporary exemption for a specific area from being designated as a prescribed area under the Emergency Response Act. This measure allows for the issuance of a liquor licence for the Bonaparte Gas Pipeline Camp canteen, ensuring the continued workability of the Liquor Act. The obligations under this Declaration are to strictly adhere to the specified timeframe and ensure that any liquor served complies with the relevant licensing requirements. While the Declaration itself does not impose penalties, any breach of the associated liquor licensing laws could result in significant civil and criminal consequences.