Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 43H

43H Previous use authorities in special wildlife reserve

(1) This section applies if—

(a) land is declared as a special wildlife reserve; and

(b) immediately before the declaration, the land was being used (the
"previous use" ) by a person other than the landholder of the land in a way that is inconsistent with the management principles and conservation agreement for the special wildlife reserve.

(2) The chief executive may grant an authority (a
"previous use authority" ) to the person over, or in relation to, the land to allow the previous use to continue for no longer than the allowable term.

(3) A previous use authority must not be renewed.

(4) This section—

(a) applies despite sections 15 , 43F (1) (a) and 43F (2) ; and

(b) does not limit section 43G (2) .

(5) In this section—

"allowable term" , in relation to previous use on a special wildlife reserve, means—

(a) if the previous use was under an authority—the unexpired term of the authority; or

(b) otherwise—3 years after the declaration of the reserve.

"authority" means an agreement, lease, licence, permit or other authority.