Commonwealth Consolidated Regulations

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978 - REG 4

(1)

Subject to subregulations (2) and (4), the Ministers of the Territory are to have executive authority under section 35 of the Act in respect of the following matters:

Remuneration, allowances and other entitlements in respect of services of members of the Legislative Assembly, members of the Executive Council and Ministers of the Territory, including matters in respect of which enactments may be made under section 54 of the Act

Territory insurance

Territory banking

Taxation, including stamp duty

Provision of rural, industrial and home finance credit and assistance

The Public Service of the Territory

Courts (including the procedures of the courts and the remuneration of the judiciary but not including the construction, at Alice Springs, of buildings for use by superior courts)

Legal aid

Maintenance of law and order and the administration of justice

Correctional services

Police

Private law

The legal profession

Administration of estates and trusts

Civil liberties

Inquiries and administrative reviews (including matters relating to a Territory ombudsman)

Markets and marketing

Corporate affairs

Marketable securities

Consumer affairs

Sales and leases of goods, supply of services, and security interests in or over goods

Prices and rent control

Industry (including forestry, fisheries, pastoral, agricultural building and manufacturing)

Regulation of businesses and professions

Tourism

Printing and publishing

Labour relations (including training and apprenticeship and workers' compensation and compulsory insurance or indemnity therefor)

Industrial safety

Mining and minerals (including gases and hydrocarbon fuels)

Land, public and private (including internal waters)

Land use, planning and development

Civil aviation within the Territory

Surface transport regulation (including traffic control, carriers, railways, roads and bridges, vehicle registration and compulsory third party insurance, driver licensing and railway and road safety)

Ports and harbours

Marine navigation

Environment protection and conservation (including parks, reserves and gardens and preservation of historical objects and areas)

Flora and fauna

Fire prevention and control

Water resources

Energy planning and regulation

Public utilities

Public works

Registration of land titles, instruments, and births, deaths and marriages

Local government

Housing

Public health

Education

Territory archives

Child, family and social welfare

Museums, libraries and art galleries

Scientific research

Recreation, entertainment and sport

Community, cultural and ethnic affairs

Lotteries, betting and gaming

Liquor

Firearms, explosives and hazardous and dangerous substances

Civil defence and emergency services

Censorship

(2)

Subject to subregulation (6), a matter specified in subregulation (1) shall not be construed as including or relating to:

(a)

the mining of uranium or other prescribed substances within the meaning of the Atomic Energy Act 1953 and regulations under that Act as in force from time to time; or

(b)

rights in respect of Aboriginal Land under the Aboriginal Land Rights (Northern Territory) Act 1976 .

(3)

Subject to subregulations (2) and (4), the inclusion of any matter in subregulation (1) (whether with another matter or as a separate matter) does not derogate from or affect the generality of any other matter specified in that subregulation.

(4)

A matter specified in subregulation (1) shall be construed subject to the provisions of this regulation, the Act and any other Act and regulations under another Act in force in the Territory, and so as not to be inconsistent with those provisions, to the intent that, where such a matter would, but for this subregulation, have been construed as being so inconsistent, it shall nevertheless be a matter for executive authority under section 35 of the Act to the extent to which it is not so inconsistent.

(5)

The Ministers of the Territory are also to have executive authority under section 35 of the Act in respect of the following matters:

(a)

matters in respect of which enactments may be made under sections 12 and 13 and Part V of the Act;

(b)

matters in respect of which duties, powers, functions or authorities are expressly imposed or conferred by or under another Act in force in the Territory, or by or under an enactment or an agreement or arrangement referred to in paragraph (f), on the Administrator or a Minister or officer of the Territory;

(c)

matters under an enactment (including the making of regulations, rules, by-laws and other instruments) made for the purposes of, and to the extent provided by, such another Act that expressly provides for the making of such an enactment;

(d)

the making of instruments (including regulations, rules or by-laws) under enactments other than those referred to in paragraph (c) or (f), not being instruments making provision for or in relation to a matter referred to in paragraph (a), (b), (c) or (d) of subregulation (2);

(e)

matters under instruments made under regulations, rules or by-laws;

(f)

agreements and arrangements between the Territory and the Commonwealth or a State or States, including the negotiation and the giving effect to any such agreement or arrangement by the Territory by way of enactment, regulations or other instrument, or otherwise;

(g)

enactments making provision in general terms in relation to a matter specified in subregulation (1) and only incidentally extending to a matter referred to in subregulation (2);

(h)

matters incidental to the execution of any executive authority vested in the Ministers of the Territory.

(6)

Subregulation (2) does not apply to a matter specified in subregulation (1) if the matter is also included in the matters specified in subregulation (5).