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NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2024 - REG 34
Declaration of prescribed commercial activity
34 Declaration of prescribed commercial activity
(1) The chief executive may, by notice published on the department’s
website, declare a commercial activity to be a prescribed commercial activity
for a protected area or part of a protected area, other than a special
wildlife reserve or nature refuge.
(2) The notice must state the following—
(a) that the stated commercial activity is a prescribed commercial activity
for the stated protected area or part;
(b) that the chief executive may
authorise a prescribed commercial activity in the area or part only under a
commercial activity agreement;
(c) how a person may obtain further
information about entering into a commercial activity agreement for conducting
the prescribed commercial activity in the area or part.
(3) In deciding
whether to make the declaration, the chief executive must have regard to the
following— (a) the object of the Act , including, in particular the
conservation of the cultural and natural resources of the protected area or
part;
(b) the management principles for the area;
(c) the interim or
declared management intent, or management plan, for the area;
(d) the orderly
and proper management of the area or part;
(e) the existing use, character
and amenity, and the future or desirable use, character and amenity, of the
area or part and adjacent areas, including the likely cumulative effect of the
proposed use and other uses on the area;
(f) the likely contributions that
potential parties to commercial activity agreements applying to the area or
part will make to the management of the area or part, including, for example,
contributions to the conservation and presentation of the values of the area
or part.
(4) A commercial activity permit in effect for an activity that
subsequently becomes a prescribed commercial activity remains in effect to
authorise the activity until the permit ends or is amended by the chief
executive on the ground mentioned in section 135 (a) .
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