Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 43B

43B Making conservation agreement for special wildlife reserve

(1) The Minister must, for the State, enter into a conservation agreement for a proposed special wildlife reserve if—

(a) the Minister and the landholder of land in the proposed reserve area for the special wildlife reserve agree—

(i) the land should be a special wildlife reserve; and

(ii) on the terms of the agreement for the reserve; and

(b) there is an approved management program for the reserve.

(2) However, if the rights or interests of a person mentioned in section 43A (5) will be materially affected by the conservation agreement, the Minister must not enter into the agreement without the person’s written consent.

(3) Also, the Minister may enter into a conservation agreement for a proposed special wildlife reserve in the Cape York Peninsula Region only if—

(a) native title for the area has been extinguished; or

(b) for an area for which native title has not been extinguished—

(i) there is an indigenous land use agreement for the area; and

(ii) the dedication of a special wildlife reserve over the area is allowed under the indigenous land use agreement; and

(iii) the conservation agreement is consistent with the indigenous land use agreement.

(4) In this section—

"approved management program" , for a special wildlife reserve, means a management program for the reserve approved by the Minister under section 120EC .