11Taking of timber and forest products from environmentally significant area—the Act, s 39

11 Taking of timber and forest products from environmentally significant area—the Act, s 39

11 Taking of timber and forest products from environmentally significant area—the Act, s 39

(1) For the Act, section 39(5), a licence issued by the Corporation may authorise the taking of timber or forest products from land identified as an environmentally significant area if—

(a) the licence is issued—

(i) to an Aboriginal person, and

(ii) for the purposes of carrying out a traditional Aboriginal cultural activity, and

(b) at the time of issuing the licence, the Corporation determined—

(i) there is no other land reasonably accessible to the person from which the timber or forest products may be taken, and

(ii) the quantity of timber or forest products proposed to be taken would not adversely affect the conservation value of the environmentally significant area.

(2) Subsection (1) does not apply if the taking of timber or forest products from the land would be inconsistent with—

(a) native title rights and interests under an approved determination of native title, or

(b) the terms of an indigenous land use agreement.

(3) In this section—

Aboriginal person has the same meaning as in the Aboriginal Land Rights Act 1983.

approved determination of native title and indigenous land use agreement have the same meaning as they have in the Native Title Act 1993 of the Commonwealth.