Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this section Aboriginal Land does not include land declared under section 9A.
(2) The Council may make by - laws for or with respect to:
(a) economic enterprise on Aboriginal Land;
(b) cultural activities on Aboriginal Land;
(c) the management, access, conservation, fire protection, development and use of Aboriginal Land;
(d) the declaration of sacred or significant sites or other areas of significance to Aboriginal people on Aboriginal Land;
(e) the activities to be permitted on Aboriginal Land or any part of it;
(f) protection and conservation of flora or fauna found on Aboriginal Land;
(g) in relation to Aboriginal Land, the cutting, removal and sale of timber, the granting of revocable licences and the payment of royalties for timber to the Council;
(h) hunting, shooting and fishing on Aboriginal Land;
(i) control of visitors in, and charging fees (to be paid to the Council) for entrance to, Aboriginal Land;
(j) the regulation and control of motor traffic and parking on Aboriginal Land;
(k) the appointment of persons to enforce the by - laws, and the powers and duties of those persons.
(3) The by - laws may apply any regulation made under the Environment Protection and Biodiversity Conservation Act 1999 to Aboriginal Land, with whatever changes are needed for that purpose.
(4) A by - law, in applying a regulation referred to in subsection (3) relating to an offence, must not change the penalty for that offence.
(5) A by - law must not be inconsistent with a law of the Commonwealth or a law in force in the Territory, but a regulation referred to in subsection (3) may, in its application to Aboriginal Land, be inconsistent with a law in force in the Territory.
(6) The by - laws may provide that a contravention of a by - law is an offence.
(7) The regulations may provide, in respect of an offence against the by - laws, for the imposition of:
(a) if the offender is a natural person--a fine not exceeding 5 penalty units; or
(b) if the offender is a corporation--a fine not exceeding 25 penalty units.
(8) The regulations may make provision for and in relation to enabling a person who is alleged to have committed an offence against the by - laws to pay to the Commonwealth, as an alternative to prosecution, a penalty not exceeding:
(a) in the case of a natural person--1 penalty unit; or
(b) in the case of a corporation--5 penalty units.
(9) Subsections (7) and (8) do not apply in relation to an offence against a regulation referred to in subsection (3) in its application to Aboriginal Land.
(10) If the Council makes a by - law, it shall, within 21 days after making it, give a copy of the by - law to the Minister.
(11) For the purposes of the Legislation Act 2003 , a by - law made by the Council and received by the Minister is a legislative instrument made by the Minister on the day the by - law is received.
Note: A by - law made by the Council and received by the Minister is stated to be a legislative instrument made by the Minister so that the Minister may perform the functions of a rule - maker in relation to the instrument under the Legislation Act 2003 . For example, under that Act a rule - maker for a legislative instrument is required to lodge the instrument (and any amendments and compilations of the instrument) for registration under that Act.