sec.38Who is an affected person for a project

### sec.38 Who is an affected person for a project A person is an affected person for a project if the person is— a person mentioned in subsection (2) for the operational land or any land joining it; or any of the following under the Native Title Act 1993 (Cwlth) for the operational land or for an area that includes any of the land— a registered native title body corporate; a registered native title claimant; a representative Aboriginal/Torres Strait Islander body; or a relevant local government for the operational land. For subsection (1) (a) , the persons are as follows— for freehold land—a registered proprietor; for land that is held from the State for an estate or interest less than fee simple and for which the interest is recorded in a register mentioned in the Land Act 1994 ( Land Act ), section 276 —a person recorded in the register as the registered holder of the interest; for land subject to a mining claim, mineral development licence or mining lease—a holder of, or an applicant for, the mining tenure; for land subject to a relevant tenure for an environmental authority for a resource activity, other than a mining activity—the holder of the tenure; for land under the Land Act or the Nature Conservation Act 1992 ( NCA ) for which there are trustees—a trustee of the land; for Aboriginal land under the Aboriginal Land Act 1991 ( ALA ) that is taken to be a reserve because of section 202 (2) or (4) (b) of that Act—the trustee of the land; for DOGIT land under the ALA or the Torres Strait Islander Land Act 1991 —a trustee for the land; for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151 (2) of that Act—the trustee of the land; for land that, under the Aboriginal and Torres Strait Islander Land Holding Act 2013 , is lease land for a 1985 Act granted lease or a new Act granted lease—the lessee; for land that is any of the following, the State— unallocated State land; a reserve under the Land Act for which there is no trustee; a national park (scientific), national park, national park (Aboriginal land), national park (Torres Strait Islander land) or forest reserve under the NCA ; a conservation park or resources reserve under the NCA for which there are no trustees; a State forest or timber reserve under the Forestry Act 1959 ; a State-controlled road; a fish habitat area under the Fisheries Act 1994 ; another person prescribed under a regulation. s 38 prev s 38 om 2000 No. 64 s 8 pres s 38 ins 2000 No. 64 s 6 amd 2003 No. 95 s 3 sch; 2004 No. 53 s 2 sch (amdt could not be given effect); 2009 No. 3 s 457 ; 2011 No. 26 s 189 sch; 2012 No. 16 s 78 sch; 2013 No. 2 s 116 ; 2013 No. 55 s 175 sch 1 pt 2 ; 2014 No. 45 s 58 sch 1 pt 2 ; 2016 No. 22 s 48 sch 1 ; 2019 No. 28 s 39 sch 1 (sec.38-ssec.1) A person is an affected person for a project if the person is— a person mentioned in subsection (2) for the operational land or any land joining it; or any of the following under the Native Title Act 1993 (Cwlth) for the operational land or for an area that includes any of the land— a registered native title body corporate; a registered native title claimant; a representative Aboriginal/Torres Strait Islander body; or a relevant local government for the operational land. (sec.38-ssec.2) For subsection (1) (a) , the persons are as follows— for freehold land—a registered proprietor; for land that is held from the State for an estate or interest less than fee simple and for which the interest is recorded in a register mentioned in the Land Act 1994 ( Land Act ), section 276 —a person recorded in the register as the registered holder of the interest; for land subject to a mining claim, mineral development licence or mining lease—a holder of, or an applicant for, the mining tenure; for land subject to a relevant tenure for an environmental authority for a resource activity, other than a mining activity—the holder of the tenure; for land under the Land Act or the Nature Conservation Act 1992 ( NCA ) for which there are trustees—a trustee of the land; for Aboriginal land under the Aboriginal Land Act 1991 ( ALA ) that is taken to be a reserve because of section 202 (2) or (4) (b) of that Act—the trustee of the land; for DOGIT land under the ALA or the Torres Strait Islander Land Act 1991 —a trustee for the land; for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151 (2) of that Act—the trustee of the land; for land that, under the Aboriginal and Torres Strait Islander Land Holding Act 2013 , is lease land for a 1985 Act granted lease or a new Act granted lease—the lessee; for land that is any of the following, the State— unallocated State land; a reserve under the Land Act for which there is no trustee; a national park (scientific), national park, national park (Aboriginal land), national park (Torres Strait Islander land) or forest reserve under the NCA ; a conservation park or resources reserve under the NCA for which there are no trustees; a State forest or timber reserve under the Forestry Act 1959 ; a State-controlled road; a fish habitat area under the Fisheries Act 1994 ; another person prescribed under a regulation. - (a) a person mentioned in subsection (2) for the operational land or any land joining it; or - (b) any of the following under the Native Title Act 1993 (Cwlth) for the operational land or for an area that includes any of the land— (i) a registered native title body corporate; (ii) a registered native title claimant; (iii) a representative Aboriginal/Torres Strait Islander body; or - (i) a registered native title body corporate; - (ii) a registered native title claimant; - (iii) a representative Aboriginal/Torres Strait Islander body; or - (c) a relevant local government for the operational land. - (i) a registered native title body corporate; - (ii) a registered native title claimant; - (iii) a representative Aboriginal/Torres Strait Islander body; or - (a) for freehold land—a registered proprietor; - (b) for land that is held from the State for an estate or interest less than fee simple and for which the interest is recorded in a register mentioned in the Land Act 1994 ( Land Act ), section 276 —a person recorded in the register as the registered holder of the interest; - (c) for land subject to a mining claim, mineral development licence or mining lease—a holder of, or an applicant for, the mining tenure; - (d) for land subject to a relevant tenure for an environmental authority for a resource activity, other than a mining activity—the holder of the tenure; - (e) for land under the Land Act or the Nature Conservation Act 1992 ( NCA ) for which there are trustees—a trustee of the land; - (f) for Aboriginal land under the Aboriginal Land Act 1991 ( ALA ) that is taken to be a reserve because of section 202 (2) or (4) (b) of that Act—the trustee of the land; - (g) for DOGIT land under the ALA or the Torres Strait Islander Land Act 1991 —a trustee for the land; - (i) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151 (2) of that Act—the trustee of the land; - (j) for land that, under the Aboriginal and Torres Strait Islander Land Holding Act 2013 , is lease land for a 1985 Act granted lease or a new Act granted lease—the lessee; - (k) for land that is any of the following, the State— (i) unallocated State land; (ii) a reserve under the Land Act for which there is no trustee; (iii) a national park (scientific), national park, national park (Aboriginal land), national park (Torres Strait Islander land) or forest reserve under the NCA ; (iv) a conservation park or resources reserve under the NCA for which there are no trustees; (v) a State forest or timber reserve under the Forestry Act 1959 ; (vi) a State-controlled road; (vii) a fish habitat area under the Fisheries Act 1994 ; - (i) unallocated State land; - (ii) a reserve under the Land Act for which there is no trustee; - (iii) a national park (scientific), national park, national park (Aboriginal land), national park (Torres Strait Islander land) or forest reserve under the NCA ; - (iv) a conservation park or resources reserve under the NCA for which there are no trustees; - (v) a State forest or timber reserve under the Forestry Act 1959 ; - (vi) a State-controlled road; - (vii) a fish habitat area under the Fisheries Act 1994 ; - (l) another person prescribed under a regulation. - (i) unallocated State land; - (ii) a reserve under the Land Act for which there is no trustee; - (iii) a national park (scientific), national park, national park (Aboriginal land), national park (Torres Strait Islander land) or forest reserve under the NCA ; - (iv) a conservation park or resources reserve under the NCA for which there are no trustees; - (v) a State forest or timber reserve under the Forestry Act 1959 ; - (vi) a State-controlled road; - (vii) a fish habitat area under the Fisheries Act 1994 ;