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NATURE CONSERVATION ACT 1992 - SECT 35A Chief executive’s powers about permitted uses for existing service facilities in national parks

NATURE CONSERVATION ACT 1992 - SECT 35A

Chief executive’s powers about permitted uses for existing service facilities in national parks

35A Chief executive’s powers about permitted uses for existing service facilities 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 an existing service facility; and
(b) the chief executive is 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 34 (2) , and does not limit section 35 .
(3) This section does not apply to a national park, or a part of a national park, that is an indigenous joint management area.