TERRITORY PARKS AND WILDLIFE CONSERVATION LEGISLATION AMENDMENT BILL 2010 Explanatory Statement

Northern Territory Explanatory Statements

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TERRITORY PARKS AND WILDLIFE CONSERVATION LEGISLATION AMENDMENT BILL 2010

TERRITORY PARKS AND WILDLIFE CONSERVATION
LEGISLATION AMENDMENT BILL 2010

SERIAL NO 117

LEGISLATIVE ASSEMBLY
OF THE NORTHERN TERRITORY

MINISTER FOR PARKS AND WILDLIFE

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill amends the Territory Parks and Wildlife Conservation Act.

The purpose of this Bill is to prohibit the public from interfering with crocodile traps in the various locations of the top end where they may be placed to reduce crocodile numbers and to improve public safety.

The Bill addresses the current legal issue that currently does not prohibit interference with crocodile traps outside of parks and reserves.

The bill will create a penalty to restrict the appeal of interfering with crocodile traps and promoting this behaviour through published photographs.

The Bill will allow for cases of interference to be dealt with as a regulatory offence that can be either expiated through the penalty infringement notice scheme or prosecuted in the Magistrate’s Court dependent on the seriousness of the interference.

NOTES ON CLAUSES

Clause 1 Short Title

This is the formal clause which provides for the citation of the Bill. The Bill when passed will be cited as the Territory Parks and Wildlife Conservation Legislation Amendment Act 2010.

Clause 2 Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

Clause 3 Act amended

This Act amends the Territory Parks and Wildlife Conservation Act and the Territory Parks and Wildlife Conservation Regulations.

Clause 4 Amendment of Division 8 section 67 (Offences) Territory Parks and Wildlife Conservation Act

After section 67D, in Part IV, Division 8 insert

67E Offence relating to crocodile traps

(1) A person must not interfere with or damage a crocodile trap owned by the Territory or the Commission.

Maximum penalty: 50 penalty units or 6 months imprisonment.

(2) An offence against subsection (1) is a regulatory offence.
(3) Subsection (1) does not apply if the person is authorised by the Director to interfere with or damage the crocodile trap.
(4) In this section:

crocodile trap

means a trap designed for catching crocodiles, whether in use or not.

interfere with includes the following

(a) touch;
(b) stand on;
(c) enter;
(d) move;
(e) otherwise disturb.

Clause 5 Amendment of Schedule 3 Territory Parks and Wildlife Conservation Regulations

Amends Schedule 3 after entry for section 67D to include:

(1) Section 67E at column 1 Offence provision

(2) 3 penalty units at column 2 prescribed amount

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