Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 38

(1) A person is an affected person for a project if the person is—

(a) a person mentioned in subsection (2) for the operational land or any land joining it; or

(b) any of the following under the Native Title Act 1993 (Cwlth) for the operational land or for an area that includes any of the land—

(i) a registered native title body corporate;

(ii) a registered native title claimant;

(iii) a representative Aboriginal/Torres Strait Islander body; or

(c) a relevant local government for the operational land.

(2) For subsection (1)(a), the persons are as follows—

(a) for freehold land—a registered proprietor;

(b) for land that is held from the State for an estate or interest less than fee simple and for which the interest is recorded in a register mentioned in the Land Act 1994 (Land Act), section 276—a person recorded in the register as the registered holder of the interest;

(c) for land subject to a mining claim, mineral development licence or mining lease—a holder of, or an applicant for, the tenement;

(d) for land subject to a relevant resource authority for an environmental authority (chapter 5A activities)—the holder of the resource authority;

(e) for land under the Land Act or the Nature Conservation Act 1992 (NCA) for which there are trustees—a trustee of the land;

(f) for Aboriginal land under the Aboriginal Land Act 1991 (ALA) that is taken to be a reserve because of section 87(2) or 87(4)(b) of that Act—a grantee of the land;

(g) for DOGIT land under the ALA or the Torres Strait Islander Land Act 1991—a trustee for the land;

(h) for land held under a lease under the Aurukun and Mornington Shire Leases Act 1978, section 3—a relevant local government;

(i) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 84(2) or 84(4)(b) of that Act—a grantee of the land;

(j) for land under a lease from the State under the Aborigines and Torres Strait Islanders (Land Holding) Act 1985 that has been excised from land granted in trust for Aboriginal or Torres Strait Islander purposes under the Land Act—a trustee of the land;

(k) for land that is any of the following, the State—

(i) unallocated State land;

(ii) a reserve under the Land Act for which there is no trustee;

(iii) a national park, national park (Aboriginal land), national park (scientific), national park (Torres Strait Islander land), national park (recovery) or forest reserve under the NCA;

(iv) a conservation park under the NCA for which there are no trustees;

(v) a State forest or timber reserve under the Forestry Act 1959;

(vi) a State-controlled road under the Transport Infrastructure Act 1994;

(vii) a fish habitat area under the Fisheries Act 1994;

(l) another person prescribed under a regulation.