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NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017 - REG 82
Declarations for particular protected areas to which indigenous land use agreements apply
82 Declarations for particular protected areas to which indigenous land use
agreements apply
(1) This section applies if— (a) the chief executive proposes to declare all
or part of a protected area, other than an Aboriginal land protected area, to
be a restricted access area under section 78 (1) ; and
(b) the protected area
is in the Cape York Peninsula Region; and
(c) there is an indigenous land use
agreement for the protected area; and
(d) there is no indigenous management
agreement for the protected area.
(2) The chief executive must comply with
the consultation requirements, if any, under the indigenous land use
agreement.
(3) For section 9 , this section applies in relation to a special
wildlife reserve or nature refuge.
(4) In this section—
"consultation requirement" , under an indigenous land use agreement for a
protected area, means a requirement under the agreement for the chief
executive or department to do any of the following— (a) give a person a
notice about a proposed declaration under section 78 (1) ;
(b) allow the
person to respond to the notice;
(c) consider the person’s response, if
any;
(d) seek the person’s consent for the declaration;
(e) obtain a
person’s consent for the declaration.
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