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NATURE CONSERVATION ACT 1992 - SECT 35
Chief executive’s powers about permitted uses in national parks
35 Chief executive’s powers about permitted uses in national parks
(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 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 is 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 is 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 area.
(2) Subsection (1) — (a) has effect despite
section 15 ; and
(b) does not limit, and is not limited by, section 34 .
(3)
This section does not apply to a national park, or a part of a national park,
that is an Indigenous joint management area. Note— For an Indigenous joint
management area, see section 42AO .
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