sec.373ZDCreation only by registration

### sec.373ZD Creation only by registration An indigenous cultural interest for land— is created by registering the document creating the interest in the appropriate register; and can not be created other than under this division. An indigenous cultural interest for land can not be registered unless the indigenous access and use agreement, or the indigenous land use agreement, for the interest is approved by the chief executive. The chief executive may approve the indigenous access and use agreement, or the indigenous land use agreement, only if— the party to the agreement who is a lessee is proposing to have registered an indigenous cultural interest relating to the agreement; and the chief executive is satisfied the agreement— includes the mandatory terms for the agreement; and complies with the set format for the agreement; and the chief executive is satisfied the conditions for the exercise of traditional activities under the agreement are appropriate having regard to the following— the types of the activities; the size of the area to which the agreement applies; the reasonableness of any restrictions imposed; another matter the chief executive considers relevant. The chief executive’s approval may be given subject to conditions. In this section— traditional activities means— activities for traditional purposes; and activities incidental to an activity mentioned in paragraph (a) . s 373ZD ins 2013 No. 2 s 129 amd 2019 No. 17 s 173 (sec.373ZD-ssec.1) An indigenous cultural interest for land— is created by registering the document creating the interest in the appropriate register; and can not be created other than under this division. (sec.373ZD-ssec.2) An indigenous cultural interest for land can not be registered unless the indigenous access and use agreement, or the indigenous land use agreement, for the interest is approved by the chief executive. (sec.373ZD-ssec.3) The chief executive may approve the indigenous access and use agreement, or the indigenous land use agreement, only if— the party to the agreement who is a lessee is proposing to have registered an indigenous cultural interest relating to the agreement; and the chief executive is satisfied the agreement— includes the mandatory terms for the agreement; and complies with the set format for the agreement; and the chief executive is satisfied the conditions for the exercise of traditional activities under the agreement are appropriate having regard to the following— the types of the activities; the size of the area to which the agreement applies; the reasonableness of any restrictions imposed; another matter the chief executive considers relevant. (sec.373ZD-ssec.4) The chief executive’s approval may be given subject to conditions. (sec.373ZD-ssec.5) In this section— traditional activities means— activities for traditional purposes; and activities incidental to an activity mentioned in paragraph (a) . - (a) is created by registering the document creating the interest in the appropriate register; and - (b) can not be created other than under this division. - (a) the party to the agreement who is a lessee is proposing to have registered an indigenous cultural interest relating to the agreement; and - (b) the chief executive is satisfied the agreement— (i) includes the mandatory terms for the agreement; and (ii) complies with the set format for the agreement; and - (i) includes the mandatory terms for the agreement; and - (ii) complies with the set format for the agreement; and - (c) the chief executive is satisfied the conditions for the exercise of traditional activities under the agreement are appropriate having regard to the following— (i) the types of the activities; (ii) the size of the area to which the agreement applies; (iii) the reasonableness of any restrictions imposed; (iv) another matter the chief executive considers relevant. - (i) the types of the activities; - (ii) the size of the area to which the agreement applies; - (iii) the reasonableness of any restrictions imposed; - (iv) another matter the chief executive considers relevant. - (i) includes the mandatory terms for the agreement; and - (ii) complies with the set format for the agreement; and - (i) the types of the activities; - (ii) the size of the area to which the agreement applies; - (iii) the reasonableness of any restrictions imposed; - (iv) another matter the chief executive considers relevant. - (a) activities for traditional purposes; and - (b) activities incidental to an activity mentioned in paragraph (a) .