Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 42AE

42AE Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land)

(1) The chief executive and the Indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land), may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land 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 and the Indigenous landholder are 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 and the Indigenous landholder are 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 protected area.

(2) Subsection (1) —

(a) has effect despite section 15 ; and

(b) does not limit, and is not limited by, section 42AD .

(3) If a lease is granted under subsection (1) , the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration.