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NATURE CONSERVATION ACT 1992 - SECT 35A
Chief executive’s powers about permitted uses for existing service facilities in national parks
35A Chief executive’s powers about permitted uses for existing service
facilities 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 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 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 42AOA .
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