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NATURE CONSERVATION ACT 1992 - SECT 42AO
Particular powers about permitted uses on land in particular indigenous joint management areas
42AO Particular powers about permitted uses on land in particular indigenous
joint management areas
(1) The chief executive and the indigenous landholder for land in a national
park, or part of a national park, that is an indigenous joint management area,
may grant, make, issue or give a lease, agreement, licence, permit or other
authority over, or in relation to, the land if— (a) the use under the
authority is only for a service facility or an ecotourism facility; and
(b)
if the use under the authority is for a service facility, the chief executive
and the indigenous landholder are satisfied— (i) the cardinal principle for
the management of national parks will be observed to the greatest possible
extent; and
(ii) the use will be in the public interest; and
(iii) the use
is ecologically sustainable; and
(iv) there is no reasonably practicable
alternative to the use; and
(c) if the use under the authority is for an
ecotourism facility, the chief executive and the indigenous landholder are
satisfied— (i) the use will be in the public interest; and
(ii) the use is
ecologically sustainable; and
(iii) the use will provide, to the greatest
possible extent, for the preservation of the land’s natural condition and
the protection of the land’s cultural resources and values; and
(d) the use
under the authority is prescribed under a regulation made for this section to
be a permitted use for the indigenous joint management area.
(2) Subsection
(1) — (a) has effect despite section 15 ; and
(b) does not limit, and is
not limited by, section 42AN .
(3) As soon as practicable after a lease is
granted under subsection (1) , the chief executive must lodge the lease with
the registrar of titles for registration.
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