Northern Territory Aboriginal Sacred Sites Regulations (SL No. 14 of 2004)

NORTHERN TERRITORY OF AUSTRALIA NORTHERN TERRITORY ABORIGINAL SACRED SITES REGULATIONS As in force at 8 November 2013 Table of provisions 1 Citation ............................................................................................ 1 2 Goods and Services Tax ................................................................. 1 3 Guidelines for classifying applications ............................................. 1 5 Charges in respect of conference .................................................... 1 6 Guidelines as to charges, and amounts of charges, applying to non-standard applications or conference ......................................... 1 7 Abstract of Authority's records ......................................................... 2 8 Fees ................................................................................................ 2 Schedule 1 Guidelines for classifying applications Schedule 2 Guidelines as to charges that may apply for non-standard application or conference Schedule 3 Charges for non-standard application or conference Schedule 4 Fees ENDNOTES NORTHERN TERRITORY OF AUSTRALIA As in force at 8 November 2013 NORTHERN TERRITORY ABORIGINAL SACRED SITES REGULATIONS Regulations under the Northern Territory Aboriginal Sacred Sites Act 1 Citation These Regulations may be cited as the Northern Territory Aboriginal Sacred Sites Regulations. 2 Goods and Services Tax All fees and charges referred to in these Regulations are exclusive of Goods and Services Tax (GST) payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and GST will be added to the fee or charge where required under that Act. 3 Guidelines for classifying applications For section 19C of the Act, the guidelines for classifying an application for an Authority Certificate are set out in Schedule 1. 5 Charges in respect of conference For section 19G(4)(a) of the Act, the matters to which the Authority must have regard in assessing whether the holding of a conference is likely to entail significant costs are: (a) whether arranging the conference would incur costs additional to any costs charged in relation to the determination of the application; and (b) whether arranging the conference would entail duplication of efforts already spent in relation to the application. 6 Guidelines as to charges, and amounts of charges, applying to non-standard applications or conference For section 19K(1) of the Act: (a) the guidelines as to the charges that may apply in relation to determining a non-standard application or the arranging of a conference are as set out in Schedule 2; and Northern Territory Aboriginal Sacred Sites Regulations 2 (b) the charges that will apply in relation to the determination of a particular non-standard application, or the arranging of a particular conference, are to be calculated in accordance with Schedule 3. 7 Abstract of Authority's records (1) A person may apply to the Authority for an abstract of the Authority's records in relation to a parcel of land. (2) The application must be in writing and accompanied by the applicable fee. (3) The Authority may give the applicant a written abstract containing: (a) advice as to the following: (i) whether there are any registered sacred sites on the parcel of land; (ii) whether the Authority has a record of any other sacred sites on the parcel; (iii) whether any part of the parcel is the subject of a restricted work area described in an Authority Certificate; and (b) a map indicating the location of any registered or recorded sacred sites and any restricted work areas. (4) The Authority may also give the applicant additional maps or spatial data if the applicant: (a) pays the applicable fees for the maps or spatial data; and (b) if required by the Authority – signs an agreement between the applicant and the Authority in relation to the use of the maps or spatial data and pays the applicable fee for the agreement. (5) In this regulation: parcel of land means the whole of the land the subject of a separate certificate as to title registered under the Land Title Act. 8 Fees The fees payable under the Act and these Regulations are set out in Schedule 4. Schedule 1 Guidelines for classifying applications Northern Territory Aboriginal Sacred Sites Regulations 3 Schedule 1 Guidelines for classifying applications regulation 3 1 Standard applications An application for an Authority Certificate that is not mentioned in clause 2 should be classified as a standard application unless there are exceptional circumstances relating to the application. 2 Non-standard applications An application for an Authority Certificate mentioned below should be classified as a non-standard application. 2.1 Large area of land An application in relation to one or more areas of land the perimeters of which together equal 20 km or more. 2.2 Substantial project An application in relation to a substantial project, being proposed work that: (a) requires a public environmental report or an environmental impact statement under the Environmental Assessment Act; or (b) is associated with a complex development such as a resort, mine or major horticultural development; or (c) uses an area of sea; or (d) involves the acquisition or extinguishment of native title rights. A project is not necessarily a substantial project if the works relate to a standard road borrow area or to infrastructure being developed separately from principal works (for example, an access track to a mine if the request is for an Authority Certificate separate from the main mine Authority Certificate). 2.3 Aboriginal land An application in relation to an area of land that is, in whole or part, Aboriginal land as defined in section 3(1) of the Land Rights Act. Schedule 1 Guidelines for classifying applications Northern Territory Aboriginal Sacred Sites Regulations 4 2.4 Sacred sites An application in relation to: (a) an area of land that encompasses a registered sacred site or a restricted work area described in a previously issued Authority Certificate; or (b) an area where an Authority Certificate has previously been refused due to the existence of sacred sites. 2.5 Specialised equipment or expertise An application the determination of which will require the use of specialised equipment (for example, charter aeroplanes or helicopters) or expert professional advice (for example, an arborist). 2.6 Comprehensive survey An application that: (a) is not limited to a specific location or project; and (b) requires a comprehensive survey of unusually wide scope. 2.7 Undisclosed work An application that does not disclose the proposed use of the land or the nature of the work proposed to be carried out on the land. 2.8 Remote location An application in relation to an area of land that is remote from major population centres, the determination of which will require special arrangements for travel or accommodation. Schedule 2 Guidelines as to charges that may apply for non-standard application or conference Northern Territory Aboriginal Sacred Sites Regulations 5 Schedule 2 Guidelines as to charges that may apply for non-standard application or conference regulation 6(a) The following costs, if incurred by the Authority in determining a non-standard application or in arranging a conference, may be charged by the Authority to the applicant: (a) consultants' fees (including payments to custodians as consultants); (b) travel and accommodation expenses (including vehicle costs, airfares etc.); (c) communication costs (satellite phones etc.); (d) equipment hire charges (Digital GPS, helicopter, fixed-wing aircraft, boat charter etc.); (e) photography etc.; (f) mapping and production of documents (printing, binding etc.); (g) translation and transcription costs; (h) incidental food costs; (i) cost of staff time spent on research; (j) cost of staff time spent supervising and liaising with other agencies/bodies; (k) administration costs (making of arrangements by Authority staff); (l) any other costs reasonably incurred. Schedule 3 Charges for non-standard application or conference Northern Territory Aboriginal Sacred Sites Regulations 6 Schedule 3 Charges for non-standard application or conference regulation 6(b) 1. The amount of the charges payable by an applicant in respect of a particular application is to be determined as follows: (a) items (a) to (h) and item (l) of Schedule 2, if applicable, are to be charged to the applicant at the amount incurred by the Authority; (b) items (i) and (j) of Schedule 2, if applicable, are to be charged at the rate of staff wages plus 100% for the time identified as spent on the matter; (c) item (k) of Schedule 2 is to be charged at a flat rate of 20% of the total of all other applicable items. 2. Except where no new costs are incurred by the Authority in arranging a conference, the amount of the charges payable by an applicant in respect of a particular conference is to be determined in the same manner as set out in clause 1. Schedule 4 Fees Northern Territory Aboriginal Sacred Sites Regulations 7 Schedule 4 Fees regulation 8 Application or matter Fee (revenue units) 1 Standard application for an Authority Certificate in relation to: (a) freehold land anywhere in the Territory; or 57 for application plus 1 035 for certificate (b) land, other than freehold land and Aboriginal land, that is: (i) within the municipal boundary of Darwin, Palmerston or Litchfield; or (ii) within 25 km of the Alice Springs Post Office; or 57 for application plus 1 035 for certificate (c) land, other than freehold land and Aboriginal land, that is: (i) not within the municipal boundary of Darwin, Palmerston or Litchfield; and (ii) not within 25 km of the Alice Springs Post Office 57 for application plus 2 300 for certificate 2 Inspection of Register of Sacred Sites 23 per sacred site 3 Inspection of register kept under section 26 of the Act 23 per inspection of Authority Certificate application and related Certificate or refusal 4 Abstract of Authority's records 23 per parcel of land 5 Additional information provided with abstract of Authority's records: (a) additional maps up to A3 size; 23 for each map Schedule 4 Fees Northern Territory Aboriginal Sacred Sites Regulations 8 (b) maps over A3 size; 50 for the first 5 maps and 28 for each additional map (c) specialised maps or spatial data equivalent of production costs 6 Agreement under regulation 7(4)(b) 50 ENDNOTES Northern Territory Aboriginal Sacred Sites Regulations 9 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Northern Territory Aboriginal Sacred Sites Regulations (SL No. 14, 2004) Notified 28 April 2004 Commenced 28 April 2004 Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009) Notified 14 December 2009 Commenced 1 January 2010 (r 2) Northern Territory Aboriginal Sacred Sites Amendment Regulations 2011 (SL No. 31, 2011) Notified 3 August 2011 Commenced 3 August 2011 Local Government Amendment Act 2013 (Act No. 28, 2013) Assent date 8 November 2013 Commenced 8 November 2013 3 LIST OF AMENDMENTS r 2 amd No. 31, 2011, r 3 r 4 amd No. 34, 2009, r 3 rep No. 31, 2011, r 4 r 7 sub No. 31, 2011, r 5 r 8 ins No. 31, 2011, r 5 sch 1 sub No. 31, 2011, r 6 sch 3 amd No. 31, 2011, r 7 sch 4 amd No. 34, 2009, r 3 sub No. 31, 2011, r 8 amd Act No. 28, 2013, s 61