sec.19 Development in indigenous community use area
The vegetation management Minister also may be satisfied that development applied for under a vegetation clearing application is for a special indigenous purpose if—
the application is for proposed development in an indigenous community use area; and
the application is accompanied by a plan (the property development plan) for the proposed development that includes all of the following information—
the extent and location of the proposed clearing for the development;
particulars of the development, including when it is expected to be completed;
evidence that there is no suitable alternative site for the development;
evidence that the development can not be carried out without the proposed clearing;
details about how adverse impacts of the proposed clearing will be minimised or mitigated;
details about how vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends;
the nature and extent of any other thing done or proposed to be done in addition to the development that has had, or may have, a beneficial impact on the natural values of the indigenous community use area or land in its vicinity;
details of a business plan, for activities related to the development, showing information about the viability of the activities; and
the application does not involve the clearing of native vegetation—
in an endangered regional ecosystem; or
in an of concern regional ecosystem; or
for the purpose of planting a high risk species, or trees to make woodchips for export; and
the vegetation management Minister is satisfied that, having regard to the property development plan—
the development is for agricultural, animal husbandry, aquacultural or grazing activities; and
the development is likely to be economically viable; and
the proposed clearing for the development is limited to the extent necessary to carry out the development; and
there is no suitable alternative site for the development, on the land the subject of the vegetation clearing application, that is reasonably available and would not require the clearing of native vegetation; and
vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; and
any other thing done or proposed to be done, as mentioned in paragraph (b) (vii) , is on balance beneficial to the natural values of the indigenous community use area or land in its vicinity; and
the development can not be carried out without the proposed clearing.
s 19 amd 2011 No. 40 s 3 ; 2014 No. 40 s 154 sch 1 pt 2
(a) the application is for proposed development in an indigenous community use area; and
(b) the application is accompanied by a plan (the property development plan) for the proposed development that includes all of the following information— (i) the extent and location of the proposed clearing for the development; (ii) particulars of the development, including when it is expected to be completed; (iii) evidence that there is no suitable alternative site for the development; (iv) evidence that the development can not be carried out without the proposed clearing; (v) details about how adverse impacts of the proposed clearing will be minimised or mitigated; (vi) details about how vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; (vii) the nature and extent of any other thing done or proposed to be done in addition to the development that has had, or may have, a beneficial impact on the natural values of the indigenous community use area or land in its vicinity; (viii) details of a business plan, for activities related to the development, showing information about the viability of the activities; and
Section sec.19 - Cape York Peninsula Heritage Act 2007 - Development in indigenous community use area | Zoe
(i) the extent and location of the proposed clearing for the development;
(ii) particulars of the development, including when it is expected to be completed;
(iii) evidence that there is no suitable alternative site for the development;
(iv) evidence that the development can not be carried out without the proposed clearing;
(v) details about how adverse impacts of the proposed clearing will be minimised or mitigated;
(vi) details about how vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends;
(vii) the nature and extent of any other thing done or proposed to be done in addition to the development that has had, or may have, a beneficial impact on the natural values of the indigenous community use area or land in its vicinity;
(viii) details of a business plan, for activities related to the development, showing information about the viability of the activities; and
(c) the application does not involve the clearing of native vegetation— (i) in an endangered regional ecosystem; or (ii) in an of concern regional ecosystem; or (iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and
(i) in an endangered regional ecosystem; or
(ii) in an of concern regional ecosystem; or
(iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and
(d) the vegetation management Minister is satisfied that, having regard to the property development plan— (i) the development is for agricultural, animal husbandry, aquacultural or grazing activities; and (ii) the development is likely to be economically viable; and (iii) the proposed clearing for the development is limited to the extent necessary to carry out the development; and (iv) there is no suitable alternative site for the development, on the land the subject of the vegetation clearing application, that is reasonably available and would not require the clearing of native vegetation; and (v) vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; and (vi) any other thing done or proposed to be done, as mentioned in paragraph (b) (vii) , is on balance beneficial to the natural values of the indigenous community use area or land in its vicinity; and (vii) the development can not be carried out without the proposed clearing.
(i) the development is for agricultural, animal husbandry, aquacultural or grazing activities; and
(ii) the development is likely to be economically viable; and
(iii) the proposed clearing for the development is limited to the extent necessary to carry out the development; and
(iv) there is no suitable alternative site for the development, on the land the subject of the vegetation clearing application, that is reasonably available and would not require the clearing of native vegetation; and
(v) vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; and
(vi) any other thing done or proposed to be done, as mentioned in paragraph (b) (vii) , is on balance beneficial to the natural values of the indigenous community use area or land in its vicinity; and
(vii) the development can not be carried out without the proposed clearing.
(i) the extent and location of the proposed clearing for the development;
(ii) particulars of the development, including when it is expected to be completed;
(iii) evidence that there is no suitable alternative site for the development;
(iv) evidence that the development can not be carried out without the proposed clearing;
(v) details about how adverse impacts of the proposed clearing will be minimised or mitigated;
(vi) details about how vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends;
(vii) the nature and extent of any other thing done or proposed to be done in addition to the development that has had, or may have, a beneficial impact on the natural values of the indigenous community use area or land in its vicinity;
(viii) details of a business plan, for activities related to the development, showing information about the viability of the activities; and
(i) in an endangered regional ecosystem; or
(ii) in an of concern regional ecosystem; or
(iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and
(i) the development is for agricultural, animal husbandry, aquacultural or grazing activities; and
(ii) the development is likely to be economically viable; and
(iii) the proposed clearing for the development is limited to the extent necessary to carry out the development; and
(iv) there is no suitable alternative site for the development, on the land the subject of the vegetation clearing application, that is reasonably available and would not require the clearing of native vegetation; and
(v) vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; and
(vi) any other thing done or proposed to be done, as mentioned in paragraph (b) (vii) , is on balance beneficial to the natural values of the indigenous community use area or land in its vicinity; and
(vii) the development can not be carried out without the proposed clearing.