Queensland Numbered Acts

NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 18 - SECT 12

After section 42AE—

insert—

'(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 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 42AD(2), and does not limit section 42AE.

'(3) In this section—

existing service facility, for land in a national park (Cape York Peninsula Aboriginal land), means a service facility in existence on the land immediately before the land was dedicated as a national park (Cape York Peninsula Aboriginal land).'.