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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 151F
Public consultation regarding grant of leases and licences
151F Public consultation regarding grant of leases and licences
(1) Before granting a lease or licence under section 151 or 151H, the Minister
must cause notice of the proposed lease or licence to be published-- (a) in a
manner that the Minister is satisfied is likely to bring the notice to the
attention of members of the public in the area in which the land is located,
and also on the Department's website, if the proposed lease or licence-- (i)
is for a purpose for which the land (including any buildings or structures on
the land) has previously not been used or occupied, or
(ii) authorises the
erection of a temporary building or structure on the land concerned, and
(b)
in a manner that the Minister is satisfied is likely to bring the notice to
the attention of members of the public both generally and in the area in which
the land is located, and also on the Department's website, if the proposed
lease or licence-- (i) authorises the erection of a new permanent building or
structure on the land concerned, or
(ii) authorises a significant
modification of an existing building or structure on the land concerned or any
other significant permanent physical change to the land concerned.
(2) A
notice under subsection (1) must contain the following-- (a) sufficient
information to identify the land concerned,
(b) the purposes for which the
land and any building or structure on the land is proposed to be used,
(c)
the term of the proposed lease or licence (taking into account any option to
renew),
(d) the name of the person to whom the lease or licence is proposed
to be granted,
(e) the closing date for making submissions on the proposal,
being a date not earlier than-- (i) in relation to a notice under subsection
(1) (a)--14 days after the date on which the notice was first published, or
(ii) in relation to a notice under subsection (1) (b)--28 days after the date
on which the notice was first published,
(f) the address to which submissions
are to be sent,
(g) any other information that the Minister considers
relevant to the consideration of the proposal.
(3) The Minister, on request,
is to provide such further information, as the Minister considers reasonably
practicable, describing the proposed lease or licence. The information
provided must not include any commercial in confidence information. Note :
Further information provided under this subsection could include drawings or
diagrams describing the proposed lease or licence.
(4) The Minister may hold
a public hearing into any proposed lease or licence under this Part if the
Minister thinks it appropriate to do so.
(5) Before determining whether or
not to grant a lease or licence under section 151 or 151H, the Minister must
take into account-- (a) any submissions received before the notified closing
date for submissions under subsection (2) (e), and
(b) if relevant, any
report from, or submissions received at, a public hearing.
(6) This section
does not apply to a proposal to grant a lease or licence of land if-- (a) the
proposed lease or licence authorises the land concerned to be used or occupied
for a total period that does not exceed 31 days, or
(b) the proposed lease or
licence relates to land reserved under Part 4A and authorises the land
concerned to be used or occupied for any community development purpose
prescribed by the regulations under section 72AA (6) (c), or
(c) within the 2
years prior to the proposed grant of the lease or licence, a public
consultation has occurred in relation to development or an activity that is
substantially the same as the use of the land that is to be authorised by the
proposed lease or licence. Note : For example, a public consultation may have
been undertaken under the Environmental Planning and Assessment Act 1979 for
approval or consent to the erection and use of a building for a cafe. In that
case, public consultation is not necessary under this section in relation to a
proposed lease of the building to operate that cafe.
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