NATURE CONSERVATION ACT 1992 - SECT 36 Authorities for new national park

NATURE CONSERVATION ACT 1992 - SECT 36

36 Authorities for new national park

(1) This section applies if—

(a) land is dedicated as a national park; and

(b) immediately before the dedication, the land was being used (the
"previous use" ) in a way that is inconsistent with the management principles of the park.

(2) The chief executive may grant an authority (a
"previous use authority" ) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication.

(3) However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959 , section 56 .

(4) A previous use authority must not be renewed.

(5) This section—

(a) applies despite sections 15 and 34 (2) ; but

(b) does not limit sections 35 and 35A .

(5A) 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 42AP .

(6) In this section—


"allowable term" , for a previous use of a national park, means a term no longer than—

(a) if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease—

(i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility;

(ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ;

(iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ;

(iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;

(v) a lease under the Land Act 1994 ; or

(b) otherwise—3 years after the dedication.

"authority" means an agreement or a lease, licence, permit or other authority.


"plant parts" means the flowers, foliage, seeds or stems of the plant.