sec.284National park subject to lease to State etc.

sec.284 National park subject to lease to State etc.

If transferred land or granted land is, or includes part of, a national park (the national park land ), the grant of the national park land— is subject to the condition that the grantee leases the national park land, in perpetuity, to the State for the purposes of the management of the national park land under the Nature Conservation Act 1992 ; and is subject to the conditions prescribed under a regulation for the national park land or national parks generally. There is to be a board of management for the national park land. Subject to subsections (4) and (5) , the board of management is to be composed in the way approved by the Minister. The Aboriginal people particularly concerned with the national park land are to be represented on the board of management if the land is granted other than to a registered native title body corporate. If the national park land is granted to a registered native title body corporate, the registered native title body corporate is to be represented on the board of management. The Minister must, in cooperation with the board of management and before the grant of the land, prepare a management plan for the national park land. The Nature Conservation Act 1992 , part 7 applies to the management plan as if it were a management plan prepared under section 112 of that Act. In the preparation of a management plan, the Minister must— if the national park land is granted other than to a registered native title body corporate—consult with, and consider the views of, the Aboriginal people particularly concerned with the national park land; and subject to this section and the Nature Conservation Act 1992 , have regard to any Aboriginal tradition applicable to the national park land (including any tradition relating to activities on the national park land). The lease of the national park land must be subject to the following conditions— that the national park is to be managed in accordance with the management plan as in force from time to time; that the management plan is to be implemented by the board of management. The grantee of the transferred land or granted land must— sign a lease of the national park land in registrable form containing the required conditions and such other terms and conditions as are agreed; and give the signed lease to the Minister before or at the time of delivery of the deed of grant issued under section 38 or 74 in relation to the land. Nothing in this Act or a management plan or lease under this section is to result in a decrease, in the aggregate, in the public rights of access that existed in relation to the national park land immediately before the land became transferable land or claimable land. In this section— management plan , for national park land, means a statement of specific objectives and policies relating to the planning, use, development and management of the national park land. Minister means the Minister administering the Nature Conservation Act 1992 . national park does not include a national park— in the Cape York Peninsula Region; or in the North Stradbroke Island Region; or on Moreton Island. s 284 (prev s 83) sub 1992 No. 20 s 159 sch 2 amd 1993 No. 85 s 162B (amd 1994 No. 61 s 2 sch 2 ); 1995 No. 57 s 4 sch 1 ; 2007 No. 48 s 37 ; 2008 No. 29 s 38 (1) – (6) renum and reloc 2008 No. 29 s 38 (7) amd 2011 No. 26 ss 81 , 189 sch ; 2013 No. 55 s 5 ; 2021 No. 11 s 9 (sec.284-ssec.1) If transferred land or granted land is, or includes part of, a national park (the national park land ), the grant of the national park land— is subject to the condition that the grantee leases the national park land, in perpetuity, to the State for the purposes of the management of the national park land under the Nature Conservation Act 1992 ; and is subject to the conditions prescribed under a regulation for the national park land or national parks generally. (sec.284-ssec.2) There is to be a board of management for the national park land. (sec.284-ssec.3) Subject to subsections (4) and (5) , the board of management is to be composed in the way approved by the Minister. (sec.284-ssec.4) The Aboriginal people particularly concerned with the national park land are to be represented on the board of management if the land is granted other than to a registered native title body corporate. (sec.284-ssec.5) If the national park land is granted to a registered native title body corporate, the registered native title body corporate is to be represented on the board of management. (sec.284-ssec.6) The Minister must, in cooperation with the board of management and before the grant of the land, prepare a management plan for the national park land. (sec.284-ssec.7) The Nature Conservation Act 1992 , part 7 applies to the management plan as if it were a management plan prepared under section 112 of that Act. (sec.284-ssec.8) In the preparation of a management plan, the Minister must— if the national park land is granted other than to a registered native title body corporate—consult with, and consider the views of, the Aboriginal people particularly concerned with the national park land; and subject to this section and the Nature Conservation Act 1992 , have regard to any Aboriginal tradition applicable to the national park land (including any tradition relating to activities on the national park land). (sec.284-ssec.9) The lease of the national park land must be subject to the following conditions— that the national park is to be managed in accordance with the management plan as in force from time to time; that the management plan is to be implemented by the board of management. (sec.284-ssec.10) The grantee of the transferred land or granted land must— sign a lease of the national park land in registrable form containing the required conditions and such other terms and conditions as are agreed; and give the signed lease to the Minister before or at the time of delivery of the deed of grant issued under section 38 or 74 in relation to the land. (sec.284-ssec.11) Nothing in this Act or a management plan or lease under this section is to result in a decrease, in the aggregate, in the public rights of access that existed in relation to the national park land immediately before the land became transferable land or claimable land. (sec.284-ssec.12) In this section— management plan , for national park land, means a statement of specific objectives and policies relating to the planning, use, development and management of the national park land. Minister means the Minister administering the Nature Conservation Act 1992 . national park does not include a national park— in the Cape York Peninsula Region; or in the North Stradbroke Island Region; or on Moreton Island.