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.
Overview
The Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 2) was enacted to address the specific need for modifying the application of the Northern Territory National Emergency Response Act 2007 in certain areas during the Barra Nationals fishing tournament. This legislation was introduced by the Australian Parliament to provide a tailored solution to allow recreational fishing activities without the constraints of the emergency measures imposed by the parent Act. The primary objective of this Declaration is to ensure that the designated areas for the fishing tournament are exempt from the restrictions on alcohol sale and consumption, computer auditing, and store licensing. This exemption is intended to facilitate the smooth running of the event while maintaining the broader objectives of the Emergency Response Act in other areas.
Scope and Application
The Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 2) serves to amend the application of the Northern Territory National Emergency Response Act 2007 in certain areas within the Northern Territory. The Act applies specifically to the sale and consumption of alcohol, computer audits in publicly funded entities, and the licensing of community stores in prescribed areas. However, for the duration of the Barra Nationals fishing tournament scheduled to be held from 25 April 2008 to 3 May 2008 on the Daly River, the boat ramp and pontoon adjoining Banyan Farm are excluded from these prescribed areas. This exclusion is intended to ensure that the defence against alcohol-related offences, applicable to those engaged in recreational fishing, remains effective during the event. The Declaration, which commences on 25 April 2008 and ceases on 3 May 2008, is geographically confined to the Northern Territory and is subject to consultation with relevant stakeholders, including the Malak Malak Aboriginal Lands Trust and NT Government departments.
Key Provisions
The Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 2) sets forth specific areas that are exempt from the special emergency measures outlined in the Northern Territory National Emergency Response Act 2007 (the Emergency Response Act). Section 1 of the Declaration names it as the Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 2). According to Section 2, the Declaration will commence on 25 April 2008, the same date the Barra Nationals fishing tournament begins. Section 3 specifies that the Declaration will cease on 3 May 2008, the day after the tournament ends. Section 4 of the Declaration specifies the areas listed in Schedule 1 as not being 'prescribed areas' under the Emergency Response Act.
The obligations imposed by this Declaration are primarily to exclude certain areas from the scope of the emergency measures. This exclusion is to facilitate the Barra Nationals fishing tournament, ensuring that the event organisers can operate without being subject to the restrictions that apply elsewhere in the prescribed areas. Specifically, the boat ramp and pontoon adjacent to Banyan Farm on the Daly River are designated as non-prescribed areas for the duration of the fishing tournament, as outlined in Schedule 1. This designation is intended to allow recreational fishing activities to proceed without interference from the special measures concerning alcohol sales and consumption, computer audits, and community store licensing.
The legislation also includes provisions to mitigate any potential breaches of the emergency measures. While the primary purpose is to provide an exemption for the fishing tournament, it also serves to ensure that the measures are not inadvertently circumvented. The declaration ensures that the designated areas are clearly exempt, which provides a legal defence for those engaged in the fishing tournament against any alcohol-related offences. Additionally, it is noted that consultation with the Malak Malak Aboriginal Lands Trust, traditional owners of the land, and other relevant government departments has taken place. Their support and awareness of the purpose and limits of the declaration are crucial for its compliance and effectiveness.
In terms of penalties and consequences for breaches, the Emergency Response Act includes provisions for offences and their associated penalties. However, these are not detailed in the Declaration itself. Generally, breaches of the emergency measures under the Act can result in criminal charges, with potential penalties including fines and imprisonment. The specifics of these penalties would be governed by the relevant sections of the Emergency Response Act and any related legislation. The Declaration's role is to clarify and exempt certain areas from these measures for the duration of the fishing tournament.