CROWN LAND (RESERVES) ACT 1978 - SECT 34A Transitional provision—Traditional Owner Settlement Amendment Act 2016

CROWN LAND (RESERVES) ACT 1978 - SECT 34A

    (1)     If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010 , section 13(5) and (6), as in force immediately before the commencement of section 9(6) of the Crown Land Legislation Amendment Act 2016 , do not apply to the carrying out of an activity that would be a contravention of a saved regulation if—

        (a)     the activity is an agreed activity that is being carried out by a member of the traditional owner group who is bound by the agreement; and

        (b)     the member of the traditional owner group is carrying out the agreed activity in accordance with the agreement and on land to which the agreement applies; and

        (c)     the saved regulation is not for the purpose of—

              (i)     ensuring public safety; or

              (ii)     prohibiting public access to an area of land in order to manage the land.

    (2)     In this section—

"saved regulation" means a regulation to which section 34 applies.

S. 34B inserted by No. 42/2021 s. 52.