QLDIn ForceAct
Nature Conservation Act 1992
sec.204Deciding application for lease etc. for a protected area of an old class
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### sec.204 Deciding application for lease etc. for a protected area of an old class
This section applies to an application for a lease, agreement, licence, permit or other authority (the relevant authority ) that—
was made, but not decided, under this Act before the commencement; and
is for a protected area of an old class that, under this subdivision, is changed to a protected area of another class (the new class ).
The application is to be decided, as an application for the relevant authority for a protected area of the old class, under the unamended Act, as if the amendment Act had not been enacted.
If the application is granted, the chief executive must give or grant to the applicant the relevant authority for the area as a protected area of the new class.
To remove any doubt, it is declared that subsection (3) applies even if the carrying out of the activities under the relevant authority is not consistent with the management principles for protected areas of the new class.
However, the grounds on which the chief executive may refuse an application to renew the relevant authority include the ground that the carrying out of the activities under the authority is not consistent with the management principles for protected areas of the new class.
s 204 ins 2013 No. 55 s 153
(sec.204-ssec.1) This section applies to an application for a lease, agreement, licence, permit or other authority (the relevant authority ) that— was made, but not decided, under this Act before the commencement; and is for a protected area of an old class that, under this subdivision, is changed to a protected area of another class (the new class ).
(sec.204-ssec.2) The application is to be decided, as an application for the relevant authority for a protected area of the old class, under the unamended Act, as if the amendment Act had not been enacted.
(sec.204-ssec.3) If the application is granted, the chief executive must give or grant to the applicant the relevant authority for the area as a protected area of the new class.
(sec.204-ssec.4) To remove any doubt, it is declared that subsection (3) applies even if the carrying out of the activities under the relevant authority is not consistent with the management principles for protected areas of the new class.
(sec.204-ssec.5) However, the grounds on which the chief executive may refuse an application to renew the relevant authority include the ground that the carrying out of the activities under the authority is not consistent with the management principles for protected areas of the new class.
- (a) was made, but not decided, under this Act before the commencement; and
- (b) is for a protected area of an old class that, under this subdivision, is changed to a protected area of another class (the new class ).