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WATER AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 40 - SECT 3

3 Amendment of s 19 (Development in indigenous community use area)

(1) Section 19(b)â€

insert—

'(ix) if the area or a part of the area to which the plan relates is in a wild river high preservation area—
(A) the title of the wild river area; and
(B) evidence to show that the development can not be carried out without amending the wild river declaration for the wild river area; and
(C) details of any adverse impact that is likely to result from the development on the natural values of the wild river area; and
(D) the nature and extent of anything proposed to be done that would result in a beneficial impact on the natural values of the wild river area; and'.

(2) Section 19—

insert—

'(e) if the area or a part of the area to which the property development plan relates is in a wild river high preservation area—the Minister administering the Wild Rivers Act 2005 is satisfied (and, if that Minister is not the vegetation management Minister, has advised the vegetation management Minister) that—
(i) the development may not reasonably be carried out without amending the wild river declaration for the wild river area; and
(ii) the carrying out of the development will not have an overall adverse impact on the natural values of the wild river area; and
(iii) the plan identifies environmental benefits associated with carrying out the development.

'(2) If the area or a part of the area to which the property development plan relates is in a wild river high preservation area (the relevant land) and the vegetation management Minister is satisfied the development is for a special indigenous purpose, the plan is taken to be a property development plan, under the Wild Rivers Act 2005, that applies to the relevant land.'.



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