Northern Territory Consolidated Acts

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TERRITORY PARKS AND WILDLIFE CONSERVATION ACT - SECT 25AQ

By-laws

    (1)     Subject to this section, the joint management partners for a joint management park or reserve may make by-laws for the park or reserve prescribing matters:

        (a)     required or permitted by this Part or the joint management plan for the park or reserve to be prescribed by by-law; or

        (b)     necessary or convenient for carrying out or giving effect to the functions and powers of the joint management partners under this Part.

    (2)     The By-laws must not be inconsistent with any of the following:

        (a)     this Part;

        (b)     the relevant agreements for the park or reserve;

        (c)     the joint management plan for the park or reserve.

    (3)     Subject to subsection (3A), section 25(2) to (9) (inclusive) of the Nitmiluk Act applies in relation to the By-laws as if:

        (a)     a reference to the Nitimiluk Park were a reference to the park or reserve;

        (b)     a reference to by-laws made under the Nitmiluk Act were a reference to by-laws made under this section;

        (c)     a reference to the plan of management for the Nitmiluk Park were a reference to the joint management plan;

        (d)     a reference to the Nitmiluk Act were a reference to this Act; and

        (e)     a reference to the Nitmiluk Park Board were a reference to the joint management partners.

    (3A)     Despite section 25(2)(zb) of the Nitmiluk (Katherine Gorge) National Park Act , the By-laws may, for an offence against the By-laws, provide for the following:

        (a)     the offence to be a regulatory offence;

        (b)     the payment of a prescribed amount instead of a penalty that may otherwise be imposed for the offence, the service of a notice relating to payment of the amount on a person alleged to have committed the offence and the particulars to be included in the notice.

    (4)     A prosecution for an offence against the By-laws cannot be commenced except with the written authority of the joint management partners.

    (5)     For section 63(2)(a) of the Interpretation Act , it is sufficient if the
By-laws are signed by a person authorised by the joint management partners to sign them.

    (6)     In subsection (3):

"Nitmiluk Act" means the Nitmiluk (Katherine Gorge) National Park Act .

"Nitmiluk Park" means the Park within the meaning of the Nitmiluk Act.



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