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NATURE CONSERVATION ACT 1992 - SECT 42AOA
Particular powers about permitted uses for existing service facilities on land in particular Indigenous joint management areas
42AOA Particular powers about permitted uses for existing service facilities
on land in particular Indigenous joint management areas
(1) The chief executive and the Indigenous landholder for land in a national
park, or part of a national park, that is an Indigenous joint management area,
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 an existing service facility; and
(b) the chief
executive and the Indigenous landholder are 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 42AN (2) , and does not limit section 42AO .
(3) As soon as
practicable after a lease is granted under subsection (1) , the chief
executive must lodge the lease with the registrar of titles for registration.
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