Queensland: Nature Conservation Act 1992 — partly uncommenced (Qld)

Nature Conservation Act 1992 An Act to provide for the conservation of nature Part 1 Preliminary 1 Short title This Act may be cited as the Nature Conservation Act 1992. 2 [Repealed] 3 Act binds all persons (1) This Act binds all persons, including the State, and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the Commonwealth, the State or another State liable to be prosecuted for an offence. 3A Territorial application of Act (1) This Act applies both within and outside the State. (2) This Act applies outside the State to the full extent of the extraterritorial legislative power of the Parliament. Part 2 Object of Act 4 Object of Act The object of this Act is the conservation of nature while allowing for the involvement of Aboriginal peoples and Torres Strait Islander peoples in the management of protected areas in which they have an interest under Aboriginal tradition or Ailan Kastom. 5 How object is to be achieved The conservation of nature is to be achieved by an integrated and comprehensive conservation strategy for the whole of the State that involves, among other things, the following— (a) Gathering of information and community education etc. • gathering, researching, analysing, monitoring and disseminating information on nature; • identifying critical habitats and areas of major interest; • encouraging the conservation of nature by the education and cooperative involvement of the community, particularly landholders; (b) Dedication and declaration of protected areas • the dedication and declaration of areas representative of the biological diversity, natural features and wilderness of the State as protected areas; (c) Management of protected areas • the management of protected areas in accordance with— (i) the management principles; and (ii) the interim and declared management intent; and (iii) management plans; and (iv) conservation agreements; and (v) management programs; for the areas; • the management of protected areas having regard to any management statement for the areas; (d) Protection of native wildlife and its habitat • the protection of the biological diversity of native wildlife and its habitat by— (i) the dedication and declaration of protected areas; and (ii) prescribing protected and prohibited wildlife; and (iii) the management of wildlife in accordance with— (A) the management principles; and (B) the declared management intent; and (C) any conservation plan; for the wildlife; and (iv) entering into conservation agreements; (e) Use of protected wildlife and areas to be ecologically sustainable • providing for the ecologically sustainable use of protected wildlife and areas by the preparation and implementation of management and conservation plans consistent with the values and needs of the wildlife or areas concerned, particularly plans dealing with the management of— (i) protected areas; and (ii) the taking or use of wildlife; and (iii) protected wildlife and its habitat; and (iv) critical habitats and areas of major interest; • providing for the ecologically sustainable use of protected areas by the preparation of management statements for use in managing the areas; (f) Recognition of interest of Aboriginal peoples and Torres Strait Islander peoples in nature and their cooperative involvement in its conservation • the recognition of the interest of Aboriginal peoples and Torres Strait Islander peoples in protected areas and native wildlife; • the cooperative involvement of Aboriginal peoples and Torres Strait Islander peoples in the conservation of nature; (g) Cooperative involvement of landholders • the cooperative involvement of landholders in the conservation of nature. 6 Community participation in administration of Act This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, landholders and interested groups and persons, including Aboriginal peoples and Torres Strait Islander peoples. Part 3 Interpretation Division 1 Dictionary 7 Definitions The dictionary in the schedule defines particular words used in this Act. Division 2 Key definitions 8 Meaning of nature (1) Nature includes all aspects of nature. (2) Without limiting subsection (1), nature includes— (a) ecosystems and their constituent parts; and (b) all natural and physical resources; and (c) natural dynamic processes; and (d) the characteristics of places, however large or small, that contribute to— (i) their biological diversity and integrity; or (ii) their intrinsic or scientific value. 9 Meaning of conservation Conservation is the protection and maintenance of nature while allowing for its ecologically sustainable use. 10 Meaning of biological diversity (1) Biological diversity is the natural diversity of native wildlife, together with the environmental conditions necessary for their survival, and includes— (a) regional diversity, that is, the diversity of the landscape components of a region, and the functional relationships that affect environmental conditions within ecosystems; and (b) ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them; and (c) species diversity, that is, the diversity of species; and (d) genetic diversity, that is, the diversity of genes within each species. (2) In subsection (1)— landscape components includes landforms, soils, water, climate, wildlife and land uses. 11 Meaning of ecologically sustainable use Ecologically sustainable use is— (a) in relation to wildlife—the taking or use of the wildlife; or (b) in relation to protected areas—the use of the areas; within their capacity to sustain natural processes while— (c) maintaining the life support systems of nature; and (d) ensuring that the benefit of the use to present generations does not diminish the potential to meet the needs and aspirations of future generations. 12 Meaning of threatening process A threatening process is any process that is capable of— (a) threatening the survival of any protected area, area of major interest, protected wildlife, community of native wildlife or native wildlife habitat; or (b) affecting the capacity of any protected area, area of major interest, protected wildlife, community of native wildlife or native wildlife habitat to sustain natural processes. 13 Meaning of critical habitat (1) Critical habitat is habitat that is essential for the conservation of a viable population of protected wildlife or community of native wildlife, whether or not special management considerations and protection are required. (2) A critical habitat may include an area of land that is considered essential for the conservation of protected wildlife, even though the area is not presently occupied by the wildlife. Part 4 Protected areas Division 1 Basic concepts 14 Classes of protected areas to which Act applies The classes of protected areas to which this Act applies are— (a) national parks (scientific); and (b) national parks; and (c) national parks (Aboriginal land); and (d) national parks (Torres Strait Islander land); and (e) national parks (Cape York Peninsula Aboriginal land); and (f) conservation parks; and (g) resources reserves; and (h) special wildlife reserves; and (i) nature refuges; and (j) coordinated conservation areas. 15 Management of protected areas (1) Each protected area is to be managed in accordance with— (a) the management principles prescribed by this division for the class of protected area; and (b) if the area is— (i) a national park (Aboriginal land) or national park (Torres Strait Islander land)—the lease or sublease of the area; or (ii) a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—any Indigenous land use agreement for the area and the Indigenous management agreement for the area; or (iii) a special wildlife reserve—the conservation agreement and management program for the area; or (iv) a nature refuge—the declared management intent, and the conservation agreement or covenant, for the area; or (v) a coordinated conservation area— (A) the interim management intent for the area until a management statement or management plan is approved for the area; and (B) the conservation agreement for the area; and (c) if a management plan is in effect for the area—the management plan for the area. (2) The interim or declared management intent for a protected area is the management intent for the area specified in the regulation dedicating or declaring the area. (3) The interim or declared management intent for a protected area must contain a statement of— (a) the area's significant cultural and natural resources and values; and (b) the proposed management intent for, and any proposed use of, the area. (4) If a management statement is in effect for a protected area, the statement is to be considered in managing the area. 16 Management principles of national parks (scientific) (1) A national park (scientific) is to be managed to— (a) protect the area's exceptional scientific values and, in particular— (i) to ensure that the processes of nature continue unaffected in the area; and (ii) to protect the area's biological diversity to the greatest possible extent; and (b) allow controlled scientific study and monitoring of the area's natural resources. (2) However, if threatened wildlife is a significant natural resource for the area, management of the area may include— (a) manipulation of the wildlife's habitat; and (b) the control of threatening processes relating to the wildlife, including threatening processes caused by other wildlife. (3) Subject to subsections (1) and (2), a national park (scientific), or a part of a national park (scientific), that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area. 17 Management principles of national parks (1) A national park is to be managed to— (a) provide, to the greatest possible extent, for the permanent preservation of the area's natural condition and the protection of the area's cultural resources and values; and (b) present the area's cultural and natural resources and their values; and (c) ensure that the only use of the area is nature-based and ecologically sustainable; and (d) provide opportunities for educational and recreational activities in a way consistent with the area's natural and cultural resources and values; and (e) provide opportunities for ecotourism in a way consistent with the area's natural and cultural resources and values. (1A) However, if the whole or part of a national park is declared as a special management area (controlled action), the management of the park or part may include the following— (a) the manipulation of the area's natural and cultural resources to protect or restore the area's natural or cultural values; (b) the continuation of an existing use of the area consistent with maintaining the area's natural and cultural values. (2) The management principle mentioned in subsection (1)(a) is the cardinal principle for the management of national parks. (3) Subject to subsections (1) to (2), a national park, or a part of a national park, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area. (4) In this section— existing use, of a special management area (controlled action), means a lawful use made of the area immediately before the declaration of the area as a special management area (controlled action). 18 Management principles of national parks (Aboriginal land) (1) A national park (Aboriginal land) is to be managed as a national park. (2) Subject to subsection (1), a national park (Aboriginal land) is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area. 19 Management principles of national parks (Torres Strait Islander land) (1) A national park (Torres Strait Islander land) is to be managed as a national park. (2) Subject to subsection (1), a national park (Torres Strait Islander land) is to be managed, as far as practicable, in a way that is consistent with any Ailan Kastom applicable to the area, including any Ailan Kastom relating to activities in the area. 19A [Repealed] 20 Management principles of national parks (Cape York Peninsula Aboriginal land) (1) A national park (Cape York Peninsula Aboriginal land) is to be managed as a national park. (2) Subject to subsection (1), a national park (Cape York Peninsula Aboriginal land) is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area. 21 Management principles of conservation parks (1) A conservation park is to be managed to— (a) conserve and present the area's cultural and natural resources and their values; and (b) provide for the permanent conservation of the area's natural condition to the greatest possible extent; and (c) provide opportunities for educational and recreational activities in a way consistent with the area's natural and cultural resources and values; and (d) ensure that any commercial use of the area's natural resources, including fishing and grazing, is ecologically sustainable. (2) Subject to subsection (1), a conservation park, or a part of a conservation park, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area. 21A Management principles of resources reserves (1) Subject to subsection (2), a resources reserve is to be managed to— (a) recognise and, if appropriate, protect the area's cultural and natural resources; and (b) provide for the controlled use of the area's cultural and natural resources; and (c) ensure that the area is maintained predominantly in its natural condition. (2) The felling of timber for a commercial purpose must not be conducted in a resources reserve. (3) Subject to subsections (1) and (2), a resources reserve, or a part of a resources reserve, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area. 21B Management principles of special wildlife reserves (1) A special wildlife reserve is to be managed to— (a) permanently protect the area's exceptional natural and cultural resources and values; and (b) protect the area's exceptional scientific values; and (c) present the area's cultural and natural resources and values; and (d) ensure the only use of the area is nature-based and ecologically sustainable. (2) Also, a special wildlife reserve is to be managed to do any of the following stated in the conservation agreement for the reserve— (a) allow controlled scientific study and monitoring of the area's natural resources; (b) provide opportunities for educational and recreational activities in a way consistent with the area's natural and cultural resources and values; (c) provide opportunities for ecotourism in a way consistent with the area's natural and cultural resources and values; (d) provide for the manipulation of the area's natural and cultural resources to protect or restore the area's natural or cultural values; (e) provide for the manipulation of threatened wildlife's habitat and the control of threatening processes relating to threatened wildlife, including threatening processes caused by other wildlife. 22 Management principles of nature refuges A nature refuge is to be managed to— (a) conserve the area's significant cultural and natural resources; and (b) provide for the controlled use of the area's cultural and natural resources; and (c) provide for the interests of landholders to be taken into account. 23 Management principles of coordinated conservation areas A coordinated conservation area is to be managed to— (a) conserve the area's natural and cultural values by coordinated management involving the area's various landholders; and (b) take account of the area's values, including its recreational, educational and commercial values; and (c) provide for the interests of the various landholders to be maintained. 24 [Repealed] 25 [Repealed] 26 [Repealed] 27 Prohibition on mining, geothermal activities and GHG storage activities (1) A mining interest, geothermal tenure or GHG authority can not be granted in relation to— (a) a national park (scientific); or (b) a national park; or (c) a national park (Aboriginal land); or (d) a national park (Torres Strait Islander land); or (e) a national park (Cape York Peninsula Aboriginal land); or (f) a conservation park; or (g) a special wildlife reserve. (2) However, subsection (1) does not apply if— (a) the mining interest is— (i) an authorised activity for a survey licence under the Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act), section 394 other than in relation to a petroleum facility under that Act; or (ii) an authorised activity for a pipeline licence under the P&G Act; and (b) an authority under section 34, 35, 42AD, 42AE, 43F or 43G has been granted, made, issued or given for the licence. (3) Subsection (1) applies in relation to land in a protected area even if the land is also subject to a tenure on which a mining interest, geothermal tenure or GHG authority could otherwise be granted. Example of land in a protected area— land in a special wildlife reserve that is subject to a lease under the Land Act 1994 (4) In this section— mining interest means any activity authorised under— (a) the Mineral Resources Act 1989; or (b) the Petroleum Act 1923; or (c) the P&G Act. Division 2 Protected areas (State land) Subdivision 1 Preliminary 28 Meaning of protected area in division In this division— protected area means— (a) a national park (scientific); or (b) a national park; or (c) a conservation park; or (d) a resources reserve. Subdivision 2 Dedication, revocation and amalgamation of protected areas 29 Dedication of protected areas (1) A regulation may dedicate a specified area of State land as— (a) a national park (scientific); or (b) a national park; or (c) a conservation park; or (d) a resources reserve. (2) The classes of protected areas mentioned in subsection (1) are listed in descending order of the level of protection given to them under this Act. 30 Revocation of State forests and timber reserves (1) Despite the Forestry Act 1959, if an area that is to be dedicated as a protected area is, or includes part of, a State forest or timber reserve set apart and declared under that Act, the regulation dedicating the area may revoke, in whole or part, the setting apart and declaration of the State forest or timber reserve. (2) The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to dedicate the area. 31 Trustees of protected areas (1) If an area is dedicated as a conservation park or resources reserve, the Governor in Council may, by regulation, place the area under the management of trustees. (2) The trustees are to be appointed by the Governor in Council. (3) The trustees must comply with section 15 in the management of the protected area. (4) The Acts Interpretation Act 1954, section 25 applies to an office as trustee. (5) The Trusts Act 1973 does not apply to— (a) trusts created under this section; and (b) the trustees of such trusts. (6) Trustees may, in their official name— (a) sue or be sued; and (b) take action for removal of trespassers or protection of property under their management. (7) For the purpose of any legal proceeding, trustees are taken to be the owners of property under their management. (8) The Governor in Council may, by gazette notice, revoke a trust created under this section. (9) The persons who were the trustees of a trust immediately before its revocation must, within 30 days of receipt of written notice given to them by the Minister, repay to the State any unspent amount that— (a) was paid to them by the State for the purposes of the trust; and (b) was held by them when the trust was revoked. (10) An amount payable to the State under subsection (9) is a debt due to the State and may be recovered in a court having jurisdiction for the recovery of debts up to the amount concerned. 32 Revocation of protected areas (1) The Governor in Council may, by regulation, revoke the dedication of a protected area in whole or part. (2) The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation. (3) This section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area. Note— For a protected area that is also an Indigenous joint management area, see section 42AK. Also, note section 42AM. 33 Amalgamation etc. of protected areas (1) The Governor in Council may, by regulation— (a) amalgamate protected areas of the same class, and assign a name to the amalgamated area; or (b) change the class of a protected area by dedicating the area as another class of protected area; or (c) change the boundaries of a protected area. (2) If— (a) because of the change in the class of a protected area, the area will be given less protection under this Act; or (b) because of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act); the regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation. (3) This section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area. Note— For a protected area, or part of a protected area, that is an Indigenous joint management area, see section 42AL. Also, note section 42AM. 33A Chief executive to lodge document for dedication, revocation and amalgamation etc. (1) This section applies if a regulation is made under this subdivision for— (a) the dedication or revocation of a protected area under section 29 or 32; or (b) the revocation of a State forest or timber reserve under section 30; or (c) the amalgamation or other change to a protected area under section 33; or (d) the appointment or revocation of trustees under section 31. (2) The chief executive must lodge for registration with the registrar of titles a document evidencing the matter the subject of the regulation. (3) The document must— (a) be lodged as soon as practicable after the regulation is made; and (b) comply with any requirements of the registrar of titles. (4) If the dedication, revocation, amalgamation or other change to a protected area affects a part of a lot within the meaning of the Land Act 1994, the document lodged must be accompanied by a plan of subdivision for the change. 33B [Repealed] Subdivision 3 Interests in protected areas 34 Leases etc. over protected areas (1) A lease, agreement, licence, permit or other authority over, or in relation to, land in a protected area (other than an agreement or a licence, permit or other authority issued or given under a regulation) may be granted, made, issued or given only— (a) by— (i) if the area is a national park (scientific) or national park—the chief executive under this Act; or (ii) if the area is a conservation park or resources reserve—the chief executive or trustees of the area with the consent of the chief executive; or (b) under another Act by— (i) the Governor in Council; or (ii) someone else with the consent of the Minister or chief executive. (2) A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with— (a) the management principles for the area; and (b) if a management plan has been approved for the area, the management plan. (3) This section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area. Note— For a protected area, or part of a protected area, that is an Indigenous joint management area, see section 42AN. 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. 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. Note— For an Indigenous joint management area, see section 42AOA. 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. 36A Apiary permits for particular areas (1) Despite sections 15 and 137, the chief executive may grant an apiary permit for a national park, even if the permit is inconsistent with the management strategy for the park. (2) However, subsection (1) applies only if— (a) the apiary permit is granted for an area (an apiary area) prescribed by regulation to be an apiary area; and (b) the granting of the permit complies with any requirements prescribed by regulation for the apiary area. (3) The Minister may recommend to the Governor in Council the making of a regulation prescribing an apiary area only if the Minister is satisfied— (a) the area— (i) was a prescribed forest reserve immediately before the commencement; and (ii) is to be proposed for dedication as a national park after the commencement; or (b) the area was a prescribed forest reserve before it was dedicated, or taken to be dedicated, as a national park before the commencement; or (c) the area— (i) was dedicated as a national park before the commencement; and (ii) is subject to a previous use authority for beekeeping activities; or (d) the area was, before the commencement, declared as a special management area (controlled action) for carrying out beekeeping activities; or (e) the area is, after the commencement, dedicated as a national park and beekeeping activities were lawfully carried out or permitted on the area immediately before the dedication; or (f) the area is, after the commencement, proposed for dedication as a national park and beekeeping activities are being lawfully carried out or are permitted on the area. (4) Without limiting subsection (2)(b), a regulation may prescribe— (a) requirements about sites designated for the placing of beehives in an apiary area; or (b) limits on the number of sites for the apiary area or beehives for each site. (5) This section does not limit, and is not limited by, section 36. (6) This section stops applying on 1 January 2045. (7) In this section— apiary permit means a permit, issued or given under a regulation, to take, use, keep or interfere with a cultural or natural resource for beekeeping. management strategy, for a national park, means any of the following for the park— (a) the management principles; (b) the interim or declared management intent; (c) a management plan. prescribed forest reserve means a forest reserve prescribed by regulation under section 184, as in force from time to time before the commencement. previous use authority see section 36(2). 37 Chief executive's powers to renew existing authorities for national parks (1) In this section— authority means a lease, agreement, permit or other authority (other than an authority permitting stock grazing or the location of beehives)— (a) granted, made, issued or given under the former Act or the Land Act 1962 over, or in relation to, a national park under the former Act; and (b) in force immediately before the repeal of the former Act; and (c) continued in force under this Act. former Act means the National Parks and Wildlife Act 1975. (2) The chief executive may renew, or consent to the renewal of, an authority for the national park if the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area. (3) The authority may only be renewed for— (a) if no management plan is in force for the area when the renewal is granted—not longer than 10 years; or (b) if a management plan is in force for the area when the renewal is granted—the term authorised under the plan. (4) The authority may be renewed subject to the conditions the chief executive considers appropriate. (5) This section has effect despite sections 15 and 34(2). 37A Leases must be registered As soon as practicable after a lease is granted under section 34, 35, 35A or 36, or renewed under section 37, the chief executive must lodge the lease or renewed lease with the registrar of titles for registration. 38 Leases may be granted under Land Act 1994 (1) Subject to subsection (2), a term lease under the Land Act 1994 may be granted over any land within a protected area as if the land were reserved and set apart under that Act for public purposes. (2) The lease must— (a) be consistent with— (i) the management principles for the area; and (ii) if a management plan is in effect for the area—the management plan for the area; and (b) for a lease other than a rolling term lease under the Land Act 1994—be granted only with the consent of, and subject to the conditions decided by, the chief executive. (3) The Land Act 1994 applies to the lease to the extent that it is not inconsistent with this Act. 39 Creation of interests in protected areas Despite any other Act, an interest in land in a protected area may be created only in accordance with this Act. Subdivision 4A Carbon abatement products 39D Definition for sdiv 4A In this subdivision— owner, of land in the area of a conservation park or resources reserve, means the trustee appointed for the land under section 31. 39E Chief executive may keep guidelines (1) The chief executive may keep guidelines about the making of an application under this part. (2) The Land Act 1994, section 420B applies to the chief executive for the making of the guidelines— (a) as if a reference to the chief executive in that section were a reference to the chief executive administering this Act; and (b) with other necessary changes. 39F Application for right to deal with carbon abatement products (1) An owner may apply to the chief executive to be granted a right to deal with carbon abatement products on the land. (2) The application must be in the approved form. 39G Deciding application (1) The chief executive must decide whether to approve the application. (2) In deciding the application, the chief executive must consider whether the land the subject of the application will, or is likely to, be used or dealt with under this Act in a way that is inconsistent with the grant of the proposed right. (3) The chief executive may grant the application subject to conditions. 39H Notice of decision (1) As soon as practicable after deciding the application, the chief executive must give written notice of the decision to the following— (a) the applicant; and (b) if the chief executive approves the application—the registrar of titles. (2) The notice must state— (a) the decision; and (b) if the chief executive refuses the application, or approves the application with conditions not agreed to in writing by the applicant— (i) the reasons for the decision; and (ii) that the applicant may seek an internal review of the decision; and (iii) how the review is started. 39I Internal review of chief executive's decision (1) The applicant may apply to the Minister for an internal review of the chief executive's decision. (2) The application must— (a) be made within 42 days after notice of the decision was given to the applicant, or any longer period allowed by the Minister; and (b) be written; and (c) include details of the grounds on which the applicant seeks review of the decision. 39J Decision on reconsideration (1) After reviewing the decision (the original decision), the Minister must make a further decision (the review decision) to confirm the original decision or substitute a new decision. (2) The Minister must immediately give written notice of the review decision to— (a) the applicant; and (b) if notice of the original decision was given to the registrar of titles and the Minister substitutes a new decision—the registrar of titles. Division 3 Protected areas (Aboriginal land and Torres Strait Islander land) and Indigenous joint management areas Subdivision 1 National parks (Aboriginal land) and national parks (Torres Strait Islander land) 40 Dedication of national park as national park (Aboriginal land) or national park (Torres Strait Islander land) (1) This section applies to land in a national park (the national park land) if— (a) it is not in the Cape York Peninsula region, North Stradbroke Island Region or on Moreton Island; and (b) it becomes Aboriginal land or Torres Strait Islander land. (2) On approval of the management statement or management plan for the national park land under section 113A or 118, the Governor in Council must, by regulation, dedicate the national park land as national park (Aboriginal land) or national park (Torres Strait Islander land). (3) Despite any other Act, a regulation under this section takes effect on the delivery of the deed of grant over the national park land to the Indigenous landholder for the land. 41 Dedication of Aboriginal land as national park (Aboriginal land) or Torres Strait Islander land as national park (Torres Strait Islander land) (1) This section applies to Aboriginal land or Torres Strait Islander land that is not a national park or included in a national park. (2) If the Indigenous landholder for the land and the Minister agree on a proposal for the lease of the land, or part of the land, to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land)— (a) the chief executive may prepare a management statement for the land; or (b) the Minister may prepare a management plan for the land. (3) Part 7 applies to the management statement or management plan as if it were a management statement or management plan for a protected area. (4) The management statement or management plan must be prepared in cooperation with the Indigenous landholder, and the board of management, for the land. (5) On— (a) the signing of the lease; and (b) the approval of a management statement or management plan for the land; the Governor in Council must, by regulation, dedicate the land as national park (Aboriginal land) or national park (Torres Strait Islander land). (6) Despite any other Act, a regulation under this section takes effect on the registration of the lease. 42 Dedication of leasehold land as national park (Aboriginal land) or national park (Torres Strait Islander land) (1) Despite the Land Act 1994, an authorised lessee may, under this section, sublease land to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land). (2) If an authorised lessee and the Minister agree on a proposal for the sublease of land to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land)— (a) the chief executive may prepare a management statement for the land; or (b) the Minister may prepare a management plan for the land. (3) Part 7 applies to the management statement or management plan as if it were a management statement or management plan for a protected area. (4) The management statement or management plan must be prepared in cooperation with the lessees of, and the board of management for, the land. (5) On— (a) the signing of a sublease; and (b) the approval of a management statement or management plan for the land; the Governor in Council must, by regulation, dedicate the area as national park (Aboriginal land) or national park (Torres Strait Islander land). (6) Despite any other Act, a regulation under this section takes effect on the registration of the sublease. (7) In this section— authorised lessee means a lessee of land under the Land Act 1994 who the Governor in Council, by regulation, has declared to be an authorised lessee for the purpose of this section. Subdivision 2 National parks (Cape York Peninsula Aboriginal land) 42AA Dedication of national park as national park (Cape York Peninsula Aboriginal land) (1) This section applies to a national park, or part of a national park, (the national park land) if— (a) the national park land is in the Cape York Peninsula Region and becomes Aboriginal land; and (b) the Minister is satisfied an Indigenous management agreement about the management of the Aboriginal land has been entered into. (2) On the land becoming Aboriginal land, the Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land). (3) Despite any other Act, the dedication under the regulation is taken to have effect on the delivery of the deed of grant over the national park land to the Indigenous landholder for the land. 42AB Dedication of Aboriginal land as national park (Cape York Peninsula Aboriginal land) (1) This section applies to Aboriginal land that is not a national park or included in a national park if— (a) the Indigenous landholder for the land has entered into an Indigenous management agreement for it; and (b) the Minister and the Indigenous landholder agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land). (2) The Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land). 42AC Dedication of other land as national park (Cape York Peninsula Aboriginal land) (1) This section applies to land, other than land to which section 42AB applies, that is not a national park or included in a national park if— (a) under the Aboriginal Land Act 1991, an entity has entered into an Indigenous management agreement for the land; and (b) the Minister and the entity agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land). (2) If the land becomes Aboriginal land— (a) the grant of the land as Aboriginal land is subject to a condition that the land must become a national park (Cape York Peninsula Aboriginal land); and (b) the Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land). 42AD Leases etc. over national park (Cape York Peninsula Aboriginal land) (1) A lease, agreement, licence, permit or other authority over, or in relation to, land in a national park (Cape York Peninsula Aboriginal land), other than an agreement or a licence, permit or other authority issued or given under a regulation, may be granted, made, issued or given only— (a) by the chief executive with the consent of the Indigenous landholder for the land; or (b) by the Indigenous landholder for the land with the consent of the chief executive. (2) A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with— (a) the management principles and any management plan for the national park (Cape York Peninsula Aboriginal land); and (b) any Indigenous land use agreement for the land; and (c) the Indigenous management agreement for the land. (3) If a lease is granted under subsection (1), the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration. 42AE Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land) (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 a service facility or an ecotourism facility; and (b) if the use under the authority is for a service facility, the chief executive and the Indigenous landholder are 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 and the Indigenous landholder are 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 protected area. (2) Subsection (1)— (a) has effect despite section 15; and (b) does not limit, and is not limited by, section 42AD. (3) If a lease is granted under subsection (1), the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration. 42AEA Particular powers about permitted uses for existing service facilities in national park (Cape York Peninsula Aboriginal land) (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) As soon as practicable after a lease is granted under subsection (1), the chief executive must lodge the lease with the registrar of titles for registration. 42AF Revocation of national park (Cape York Peninsula Aboriginal land) (1) A regulation may revoke the dedication of all or a part of a national park (Cape York Peninsula Aboriginal land) if the land in the national park or the part of the national park has been surrendered to the State. (2) The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation. Subdivision 3 Indigenous joint management areas 42AG Purpose of subdivision The purpose of this subdivision is to provide for the declaration of prescribed protected areas situated in the North Stradbroke Island Region or on Moreton Island as Indigenous joint management areas. 42AH Declaration of a prescribed protected area as Indigenous joint management area (1) This section applies to land in a prescribed protected area (the protected area land) if— (a) the protected area land is— (i) in the North Stradbroke Island Region; or (ii) on Moreton Island; and (b) the protected area land becomes Aboriginal land; and (c) the Minister is satisfied an Indigenous management agreement about the management of the Aboriginal land has been entered into. (2) On the land becoming Aboriginal land, the Minister must recommend to the Governor in Council the making of a regulation declaring the protected area land as an Indigenous joint management area. (3) Despite any other Act, the declaration under the regulation is taken to have effect on the delivery of the deed of grant over the protected area land to the Indigenous landholder for the land. 42AI Declaration of Aboriginal land as Indigenous joint management area (1) This section applies to Aboriginal land that is not a prescribed protected area or included in a prescribed protected area if— (a) the land is— (i) in the North Stradbroke Island Region; or (ii) on Moreton Island; and (b) the Indigenous landholder for the land has entered into an Indigenous management agreement for it; and (c) the Minister and the Indigenous landholder agree that the land is to be managed as an Indigenous joint management area. (2) The Minister must recommend to the Governor in Council the making of a regulation— (a) dedicating the land as a prescribed protected area; and (b) declaring the land as an Indigenous joint management area. 42AJ Declaration of other land as an Indigenous joint management area (1) This section applies to land in the North Stradbroke Island Region, other than land to which section 42AI applies, that is not a prescribed protected area or included in a prescribed protected area if— (a) under the Aboriginal Land Act 1991, an entity has entered into an Indigenous management agreement for the land; and (b) the Minister and the entity agree that the land is to be managed as an Indigenous joint management area. (2) If the land becomes Aboriginal land— (a) the grant of the land as Aboriginal land is subject to a condition that the land must become— (i) a prescribed protected area; and (ii) an Indigenous joint management area; and (b) the Minister must recommend to the Governor in Council the making of a regulation— (i) dedicating the land as a prescribed protected area; and (ii) declaring the land as an Indigenous joint management area. 42AK Revocation of dedication of protected area or declaration of Indigenous joint management areas (1) A regulation may— (a) revoke the dedication of a protected area, or part of a protected area, that is an Indigenous joint management area; or (b) revoke the declaration of all or a part of an Indigenous joint management area; only if the land the subject of the revocation has been surrendered to the State. (2) A regulation under subsection (1)(a) may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation. 42AL Amalgamation etc. of protected areas that are Indigenous joint management areas (1) This section applies only to protected areas that are Indigenous joint management areas. (2) The Governor in Council may, by regulation— (a) amalgamate protected areas of the same class, and assign a name to the amalgamated area; or (b) change the class of a protected area by dedicating the area as another class of protected area; or (c) change the boundaries of a protected area. (3) If, because of the change in the class of a protected area, the area will be given less protection under this Act, the regulation may be made— (a) only with the consent of the Indigenous landholder for the land; and (b) only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation. (4) If, because of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act), the regulation may be made only if— (a) the land to be removed has been surrendered to the State; and (b) the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation. (5) This section applies despite section 42AK. 42AM Effect of revocation of prescribed protected area on Indigenous joint management area (1) This section applies if— (a) the dedication of a prescribed protected area, or part of a prescribed protected area, that is an Indigenous joint management area is revoked under this Act; or (b) a prescribed protected area, or part of a prescribed protected area, that is an Indigenous joint management area is removed under section 42AL(2). (2) On the revocation of the dedication of, or the removal of, the prescribed protected area or part— (a) if the area or part is dedicated as another class of prescribed protected area—the declaration of the Indigenous joint management area continues in force; or (b) otherwise—the declaration of the Indigenous joint management area for the protected area or part is taken to have been revoked. 42AN Leases etc. over land in Indigenous joint management area (1) A lease, agreement, licence, permit or other authority over, or in relation to, land in an Indigenous joint management area, other than an agreement or a licence, permit or other authority issued or given under a regulation, may be granted, made, issued or given only— (a) by the chief executive with the consent of the Indigenous landholder for the land; or (b) by the Indigenous landholder for the land with the consent of the chief executive. (2) A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with— (a) the management principles and any management plan for the Indigenous joint management area; and (b) any Indigenous land use agreement for the land; and (c) the Indigenous management agreement for the land. (3) If a lease is granted under subsection (1), the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration. 42AO Particular powers about permitted uses on land in particular Indigenous joint management areas (1) The chief executive and the Indigenous landholder for land in a national park, or part of a national park, that is an Indigenous joint management area, 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 a service facility or an ecotourism facility; and (b) if the use under the authority is for a service facility, the chief executive and the Indigenous landholder are 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 and the Indigenous landholder are 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 Indigenous joint management area. (2) Subsection (1)— (a) has effect despite section 15; and (b) does not limit, and is not limited by, section 42AN. (3) As soon as practicable after a lease is granted under subsection (1), the chief executive must lodge the lease with the registrar of titles for registration. 42AOA Particular powers about permitted uses for existing service facilities on land in particular Indigenous joint management areas (1) The chief executive and the Indigenous landholder for land in a national park, or part of a national park, that is an Indigenous joint management area, 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 42AN(2), and does not limit section 42AO. (3) As soon as practicable after a lease is granted under subsection (1), the chief executive must lodge the lease with the registrar of titles for registration. 42AP Authorities for new national park that is an Indigenous joint management area (1) This section applies if— (a) land is, or is part of, an Indigenous joint management area; and (b) the land is dedicated as a national park; and (c) 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 and the Indigenous landholder for land in the national park, or a part of the national park, that is an Indigenous joint management area, 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 applies despite sections 15 and 42AN(2), and does not limit sections 42AO and 42AOA. (6) In this section— allowable term, in relation to a previous use authority, 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