EXPLANATORY STATEMENT
Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 2)
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.
The Barra Nationals fishing tournament is proposed to be held on the Daly River in an area approximately 200 kilometres south of Darwin from 25 April 2008 to 3 May 2008.
The Emergency Response Act already provides for a defence to offences in relation to the alcohol offences if the person is engaged in recreational fishing. For the defence to be effective it is necessary for the boat ramp and pontoon adjoining the Banyan Farm to be declared as not being a prescribed area for the duration of the fishing tournaments.
Explanation of the provisions
Section 1 of the Declaration provides that it is called the Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 2).
Section 2 provides that the Declaration commences on 25 April 2008.
Section 3 provides that the Declaration ceases on 3 May 2008.
Section 4 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 the area known as the boat ramp and pontoon adjacent to Banyan Farm on the Daly River are not prescribed areas.
Consultation
Representatives of the Malak Malak Aboriginal Lands Trust, traditional owners of the Aboriginal land on which the declaration is being sought, have been consulted in relation to this application. They are supportive of this proposed approach to the Barra Festival on the condition that members and guests are aware of the purpose of the excision and its limits.
Consultation was also undertaken with the Licensing and Regulation Division of the NT Department of Justice, the event organisers and the Land Records Unit, Survey Branch Land Information Division, of NT Government Department of Land and Infrastructure.