Queensland Numbered Acts

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NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 18 - SECT 9

9 Insertion of new s 35A
After section 35—
insert—

'(1) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park or national park (recovery) if—

(a) the use under the authority is only for an existing service facility; and
(b) the chief executive is satisfied—
(i) the use is ecologically sustainable; and
(ii) the use does not include carrying out substantial improvements to the existing service facility.
Examples of a substantial improvement to an existing service facility—
an upgrade of a road that provides access to a communications tower
the replacement of a pipeline with a larger pipeline

'(2) Subsection (1) applies despite sections 15 and 34(2), and does not limit section 35.

'(3) This section does not apply to—

(a) a national park, or a part of a national park, that is an indigenous joint management area; or
(b) a national park (recovery), or a part of a national park (recovery), that is an indigenous joint management area.

'(4) In this section—

existing service facility, for land in a national park or national park (recovery), means a service facility in existence on the land immediately before the land was dedicated as a national park or national park (recovery).'.



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