Commonwealth Numbered Acts

NATIONAL PARKS AND WILDLIFE CONSERVATION AMENDMENT ACT 1978 No. 29, 1978 - SECT 9

9. Section 11 of the Principal Act is amended-

   (a)  by omitting paragraph (c) of sub-section (2) and substituting the
        following paragraph and words:

''(c) specify an address to which such representations may be forwarded,

and, in the case of a plan of management in respect of a park or reserve
wholly or partly within a prescribed area, shall serve a copy of the notice on
the relevant Chairman.'';

   (b)  by inserting in sub-section (3) ''(including the Territory Commission
        and the Chairman of an Aboriginal Land Council established under the
Aboriginal Land Rights (Northern Territory) Act 1976)'' after ''person'';

   (c)  by omitting from sub-section (6) ''detailed'' (first occurring);

(d) by omitting from paragraph (a) of sub-section (6) ''general'';

(e) by omitting from paragraph (b) of sub-section (6) ''detailed'';

   (f)  by inserting after paragraph (b) of sub-section (8) the following
        paragraph:

''(ba) in the case of a park or reserve wholly or partly within the Region-the
interests of the traditional Aboriginal owners of, and of other Aboriginals
interested in, so much of the land within the park or reserve as is within the
Region;'';

   (g)  by omitting paragraph (d) of sub-section (10) and substituting the
        following paragraph and words:

''(d) specify an address to which representations in connexion with the plan
may be forwarded,

but, where the plan of management is in respect of a park or reserve wholly or
partly within the Northern Territory, he shall, at least 14 days before the
date of publication of the notice in the Gazette, serve a copy of the plan and
of the notice on the Territory Commission and, if the park or reserve is also
wholly or partly within a prescribed area, on the relevant Chairman.'';

   (h)  by inserting in sub-section (11) ''(including the Territory Commission
        and the Chairman of an Aboriginal Land Council established under the
Aboriginal Land Rights (Northern Territory) Act 1976)'' after ''person''; and

   (j)  by omitting sub-sections (13) to (16) (inclusive) and substituting the
        following sub-sections:

''(13) Subject to sub-section (20)-

   (a)  in a case where the Minister is satisfied that, in relation to a plan
        of management in respect of a park or reserve wholly or partly within
        a prescribed area, there is a substantial difference of opinion
        between the relevant Chairman and the Director, the Minister shall
        refer the plan to the Director, together with his suggestions, for
        further consideration; or

   (b)  in any other case, the Minister may-

        (i)    accept the plan of management as submitted under sub-section
               (12); or

        (ii)   refer it to the Director, together with his suggestions, for
               further consideration.

''(14) Where, under sub-section (13), the Minister refers to the Director the
plan of management in respect of a park or reserve wholly or partly within the
Northern Territory, he shall cause a copy of his suggestions referred to the
Director with the plan to be served on the Territory Commission and, if the
park or reserve is also wholly or partly within a prescribed area, on the
relevant Chairman, and the Commission and, as the case may be, the Chairman
may, within the period of 14 days after receiving a copy of the suggestions,
make representations to the Director in connexion with the suggestions.

''(15) Where the plan of management has been referred to the Director under
sub-section (13), the Director shall, as soon as practicable after receipt of
the plan or, in a case to which sub-section (14) applies, after the expiration
of the period referred to in that sub-section, give further consideration to
the plan, having regard to the suggestions of the Minister and any
representations received under sub-section (14), and again submit the plan,
with or without alterations, to the Minister, together with-

   (a)  his comments on the suggestions of the Minister; and

   (b)  a copy of any representations received under sub-
section (14), together with his comments on those representations.

''(16) Where, under sub-section (15), the Director submits a plan of
management, with or without alterations, to the Minister and the plan is in
respect of a park or reserve wholly or partly within a prescribed area, the
Director shall, not later than the date on which the plan is so submitted to
the Minister, serve on the relevant Chairman copies of the plan and of any
comments and representations submitted to the Minister under sub-section (15),
and the Chairman may, within the period of 14 days after receiving the copies,
submit to the Minister representations in connexion with the plan.

''(17) Where the Minister receives representations under sub-section (16) and
he is satisfied that there is a substantial difference of opinion between the
relevant Chairman and the Director in relation to the plan of management, the
Minister may appoint a person (being a person whom the Minister considers to
be suitably qualified and in a position to deal with the matter impartially)
to inquire into the matter.

''(18) A person appointed under sub-section (17) shall inquire into the matter
and submit a report, together with his recommendations, to the Minister.

''(19) Subject to sub-section (20), as soon as practicable after the plan of
management is submitted to the Minister under sub-section (15) or, in a case
to which sub-section (16) applies, after the expiration of the period referred
to in that sub-section, the Minister shall accept the plan as so submitted or,
if he is of the opinion that the plan as so submitted should be altered, the
plan as so submitted and altered by him in such manner as he thinks fit.

''(20) The Minister shall not take any action-

   (a)  under sub-section (13)-except after giving due consideration to any
        representations or comments submitted to him under sub-section (12);
        or

   (b)  under sub-section (19)-except after giving due consideration to any
        representations or comments submitted to him under sub-section (15) or
        (16), and to any report and recommendations submitted to him under
        sub-section (18).

''(21) When a plan of management is laid before both Houses of Parliament
under section 12, the Minister shall cause the plan to be accompanied by-

   (a)  copies of any representations and comments, and of any report and
        recommendations, submitted to him under this section in connexion with
        the plan, other than those that have been given effect to in the plan;
        and

   (b)  in a case where he has made alterations to the plan under sub-section
        (19)-a report specifying the alterations and setting out any views in
        respect of matters to which the alterations relate expressed by the
        Director and, in the case of a plan of management in respect of a park
        or reserve wholly or partly within the Northern Territory, by the
        Territory Commission and, if the park or reserve is also wholly or
        partly within a prescribed area, by the relevant Chairman.

''(22) In this section-

'prescribed area' means an area wholly or partly within the Region, being an
area for which an Aboriginal Land Council has been established under the
Aboriginal Land Rights (Northern Territory) Act 1976;

'relevant Chairman', in relation to a prescribed area, means the Chairman of
the Aboriginal Land Council for the area;

'traditional Aboriginal owners' has the same meaning as in the
Aboriginal Land Rights (Northern Territory) Act 1976.''.