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NATURE CONSERVATION ACT 1992 - SECT 35 Chief executive’s powers about permitted uses in national parks

NATURE CONSERVATION ACT 1992 - SECT 35

Chief executive’s powers about permitted uses in national parks

35 Chief executive’s powers about permitted uses in national parks

(1) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if—
(a) the use under the authority is only for a service facility or an ecotourism facility; and
(b) if the use under the authority is for a service facility, the chief executive is satisfied—
(i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and
(ii) the use will be in the public interest; and
(iii) the use is ecologically sustainable; and
(iv) there is no reasonably practicable alternative to the use; and
(c) if the use under the authority is for an ecotourism facility, the chief executive is satisfied—
(i) the use will be in the public interest; and
(ii) the use is ecologically sustainable; and
(iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and
(d) the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area.
(2) Subsection (1)
(a) has effect despite section 15 ; and
(b) does not limit, and is not limited by, section 34 .
(3) This section does not apply to a national park, or a part of a national park, that is an indigenous joint management area.
Note—
For an indigenous joint management area, see section 42AO .