Document ID: chunk:federal_register_of_legislation:F2016L00002:front:0:p134
Version: federal_register_of_legislation:F2016L00002
Segment Type: other
Provision Reference: 
Character Range: 387847–390708

of this plan in Jabiru and to support outstations is in Section 8 (Living in the park).

Outstations

Establishment and maintenance of outstation living areas involves the carrying out of works and, under sections 354(1) and 354A of the EPBC Act, can only be done in accordance with this plan. Outstations on Aboriginal land in the park can be authorised by a sublease granted by the Director, which can only be granted in accordance with this plan (s.358 EPBC Act).

The Kakadu, Jabiluka and Gunlom leases provide that Bininj/Mungguy are entitled to reside on land in the lease areas, subject to rules in park management plans and decisions of the Board:

    * at places they were residing when the leases commenced:

   -        1978 – Kakadu Land Trust

   -        1991 – Jabiluka Land Trust

   -        1995 – Gunlom Land Trust

    * at other locations specified in management plans.

Rather than specify places where outstations can be located, the management plan takes the approach of outlining a process for applications to be considered. The Guide to Establishing Outstations approved by the Board provides Bininj/Mungguy with advice as to the process for applying for a new outstation.

Policies

     10.3.1          Bininj/Mungguy wishing to establish a new outstation will need to seek the Board's approval in accordance with Section 8.1 of this plan.

     10.3.2          Residents of pre-existing outstations on Aboriginal land for which a sublease has not been granted may request a sublease in accordance with Section 8.1.4.

     10.3.3          Expansion of existing outstations which will increase the footprint of the outstation will require an assessment and approval of the Board in accordance with Section 8.1.5.

     10.3.4          Except as otherwise provided by Section 8.1 or authorised by the Director under that Section, general Policies in this plan apply to outstation areas and residents in the same manner as elsewhere in the park (see for example Section 10.13 - Bringing in plants, animals and other materials in the park).

Jabiru

As Jabiru is part of Kakadu National Park, activities in the town are also subject to the provisions of the EPBC Act and Regulations that apply elsewhere in the park, except to the extent that the Act or Regulations or management plans specify they do not apply. These provisions are:

    * Sections 354 and 354A – prohibiting certain actions except in accordance with a management plan, including actions that affect members of native species, damaging heritage, carrying on an excavation or building or other works, and commercial activities

    * Section 358(2) that the Director only grant leases, subleases and licences of land in accordance with a management plan

    * Division 12.2 of the EPBC Regulations – provisions regulating a range of activities in the park.

Not all