QLDIn ForceAct
Nature Conservation Act 1992
sec.185Provision for commercial activity permits for former forest reserves
Start here
Get a plain-English read of sec.185
Turn the raw legal text into a practical explanation grounded in Nature Conservation Act 1992.
### sec.185 Provision for commercial activity permits for former forest reserves
This section applies if—
land in a forest reserve is dedicated as a protected area; and
immediately before the dedication, a person was, under a commercial activity permit (the former permit ) granted under the Forestry Act 1959 , carrying out commercial activities on the land.
On the dedication—
the former permit ceases to be a permit under the Forestry Act 1959 and becomes a commercial activity permit under this Act to carry out the activities in the protected area; and
the holder of the former permit becomes the holder of the commercial activity permit; and
the commercial activity permit continues, subject to this Act, for the balance of the term of the former permit.
To remove any doubt, it is declared that subsection (2) applies even if the carrying out of the commercial activities under the former permit is not consistent with the management principles for the protected area.
However, the grounds on which the chief executive may refuse an application to renew the commercial activity permit include the ground that the carrying out of the commercial activities under the permit is not consistent with the management principles or a management plan for the protected area.
s 185 ins 2004 No. 48 s 188
(sec.185-ssec.1) This section applies if— land in a forest reserve is dedicated as a protected area; and immediately before the dedication, a person was, under a commercial activity permit (the former permit ) granted under the Forestry Act 1959 , carrying out commercial activities on the land.
(sec.185-ssec.2) On the dedication— the former permit ceases to be a permit under the Forestry Act 1959 and becomes a commercial activity permit under this Act to carry out the activities in the protected area; and the holder of the former permit becomes the holder of the commercial activity permit; and the commercial activity permit continues, subject to this Act, for the balance of the term of the former permit.
(sec.185-ssec.3) To remove any doubt, it is declared that subsection (2) applies even if the carrying out of the commercial activities under the former permit is not consistent with the management principles for the protected area.
(sec.185-ssec.4) However, the grounds on which the chief executive may refuse an application to renew the commercial activity permit include the ground that the carrying out of the commercial activities under the permit is not consistent with the management principles or a management plan for the protected area.
- (a) land in a forest reserve is dedicated as a protected area; and
- (b) immediately before the dedication, a person was, under a commercial activity permit (the former permit ) granted under the Forestry Act 1959 , carrying out commercial activities on the land.
- (a) the former permit ceases to be a permit under the Forestry Act 1959 and becomes a commercial activity permit under this Act to carry out the activities in the protected area; and
- (b) the holder of the former permit becomes the holder of the commercial activity permit; and
- (c) the commercial activity permit continues, subject to this Act, for the balance of the term of the former permit.