Document ID: chunk:federal_register_of_legislation:F2021L01354:body:0:p83
Version: federal_register_of_legislation:F2021L01354
Segment Type: other
Provision Reference: 
Character Range: 237061–240215

management plan, which, as Commonwealth laws, will prevail over inconsistent Northern Territory laws.

 Challenges

   •      Making sure park wardens and rangers follow all Australian Government policies, standards and guidelines when carrying out their enforcement powers, and have ongoing training
   •      Establishing and maintaining working relationships with other relevant agencies, to improve the management of compliance issues
   •      Making sure park wardens and rangers carry out ongoing compliance operations and checks

 Actions

     6.4.1        Develop and implement education, compliance and enforcement strategies, plans, procedures and training for managing compliance issues, in accordance with the EPBC Act and EPBC Regulations, this management plan and other relevant legislation.

     6.4.2        Liaise and, where appropriate, work with other relevant agencies involved in compliance and enforcement.

     6.5      Subleases, licences and associated occupancy issues

   Objective—What needs to happen

   Enable the issuing of, and effectively manage subleases and licences

   Background

   As noted elsewhere in this plan, the park is owned by the Uluṟu-Kata Tjuṯa Aboriginal Land Trust under the Land Rights Act and is leased to the Director of National Parks.

   Section 358(2) of the EPBC Act allows the Director to grant a sublease or licence relating to land in the park provided it is in accordance with a management plan (see Section 4.2 Muṯitjulu community). The park lease agreement requires the Director to have the written agreement of the Uluṟu-Kata Tjuṯa Aboriginal Land Trust before granting any sublease.

   The park lease agreement also states that Nguraṟitja and Aṉangu have the right to reside within the park at Muṯitjulu or at other locations specified in a management plan, and that the Aboriginal Land Trust
   reserves the right to request the Director to sublet any reasonable part of the park to a Relevant Aboriginal Association (which is the Muṯitjulu Community Aboriginal Corporation at the time of preparing this plan).

   Challenges

    •      Formally establishing and managing to appropriate standards (where applicable) all leases, subleases, licences and other arrangements relating to occupying or using land in the park, to meet
    the Director's obligations, support Nguraṟitja interests and avoid or reduce any negative effects on park values and activities

Prescriptions

6.5.1        The Director may grant subleases and occupation licences relating to land in the park, including for commercial activities (see Section 5.4 Commercial operations). The Director must obtain the written consent of the Uluṟu-Kata Tjuṯa Aboriginal Land Trust and approval of the Board before granting a sublease, and must obtain approval of the Board before granting an occupation licence.

6.5.2        Decisions about subleases and licences will be made in accordance with Section 2.1 Board of Management and (where applicable) Section 3.3 Assessment of proposals.

6.5.3        The Director, in consultation with the Board, may determine fees and charges for each sublesee or licensee as