sec.35Chief executive’s powers about permitted uses in national parks

### sec.35 Chief executive’s powers about permitted uses in national parks The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if— the use under the authority is only for a service facility or an ecotourism facility; and if the use under the authority is for a service facility, the chief executive is satisfied— the cardinal principle for the management of national parks will be observed to the greatest possible extent; and the use will be in the public interest; and the use is ecologically sustainable; and there is no reasonably practicable alternative to the use; and if the use under the authority is for an ecotourism facility, the chief executive is satisfied— the use will be in the public interest; and the use is ecologically sustainable; and the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area. Subsection (1) — has effect despite section 15 ; and does not limit, and is not limited by, section 34 . This section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area. For an Indigenous joint management area, see section 42AO . s 35 ins 1994 No. 42 s 7 amd 1995 No. 40 s 13 ; 2000 No. 44 ss 19 , 39 ; 2003 No. 96 s 18 ; 2011 No. 11 s 40 ; 2013 No. 18 s 8 ; 2013 No. 55 s 125 ; 2021 No. 11 s 12 ; 2024 No. 17 s 192 sch 1 pt 3 (sec.35-ssec.1) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if— the use under the authority is only for a service facility or an ecotourism facility; and if the use under the authority is for a service facility, the chief executive is satisfied— the cardinal principle for the management of national parks will be observed to the greatest possible extent; and the use will be in the public interest; and the use is ecologically sustainable; and there is no reasonably practicable alternative to the use; and if the use under the authority is for an ecotourism facility, the chief executive is satisfied— the use will be in the public interest; and the use is ecologically sustainable; and the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area. (sec.35-ssec.2) Subsection (1) — has effect despite section 15 ; and does not limit, and is not limited by, section 34 . (sec.35-ssec.3) This section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area. For an Indigenous joint management area, see section 42AO . - (a) the use under the authority is only for a service facility or an ecotourism facility; and - (b) if the use under the authority is for a service facility, the chief executive is satisfied— (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and (ii) the use will be in the public interest; and (iii) the use is ecologically sustainable; and (iv) there is no reasonably practicable alternative to the use; and - (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and - (ii) the use will be in the public interest; and - (iii) the use is ecologically sustainable; and - (iv) there is no reasonably practicable alternative to the use; and - (c) if the use under the authority is for an ecotourism facility, the chief executive is satisfied— (i) the use will be in the public interest; and (ii) the use is ecologically sustainable; and (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and - (i) the use will be in the public interest; and - (ii) the use is ecologically sustainable; and - (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and - (d) the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area. - (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and - (ii) the use will be in the public interest; and - (iii) the use is ecologically sustainable; and - (iv) there is no reasonably practicable alternative to the use; and - (i) the use will be in the public interest; and - (ii) the use is ecologically sustainable; and - (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and - (a) has effect despite section 15 ; and - (b) does not limit, and is not limited by, section 34 .