sec.36Authorities for new national park

### sec.36 Authorities for new national park This section applies if— land is dedicated as a national park; and immediately before the dedication, the land was being used (the previous use ) in a way that is inconsistent with the management principles of the park. The chief executive may grant an authority (a previous use authority ) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication. However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959 , section 56 . A previous use authority must not be renewed. This section— applies despite sections 15 and 34 (2) ; but does not limit sections 35 and 35A . 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 42AP . In this section— allowable term , for a previous use of a national park, means a term no longer than— if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease— an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility; a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ; an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ; a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die; a lease under the Land Act 1994 ; or otherwise—3 years after the dedication. authority means an agreement or a lease, licence, permit or other authority. plant parts means the flowers, foliage, seeds or stems of the plant. s 36 ins 1994 No. 42 s 7 amd 1994 No. 81 s 527 sch 5 sub 2000 No. 44 s 20 amd 2003 No. 96 s 19 ; 2008 No. 52 s 89 ; 2011 No. 11 s 41 ; 2013 No. 18 s 10 ; 2013 No. 55 s 127 ; 2024 No. 17 s 192 sch 1 pt 3 (sec.36-ssec.1) This section applies if— land is dedicated as a national park; and immediately before the dedication, the land was being used (the previous use ) in a way that is inconsistent with the management principles of the park. (sec.36-ssec.2) The chief executive may grant an authority (a previous use authority ) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication. (sec.36-ssec.3) However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959 , section 56 . (sec.36-ssec.4) A previous use authority must not be renewed. (sec.36-ssec.5) This section— applies despite sections 15 and 34 (2) ; but does not limit sections 35 and 35A . (sec.36-ssec.5A) 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 42AP . (sec.36-ssec.6) In this section— allowable term , for a previous use of a national park, means a term no longer than— if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease— an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility; a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ; an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ; a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die; a lease under the Land Act 1994 ; or otherwise—3 years after the dedication. authority means an agreement or a lease, licence, permit or other authority. plant parts means the flowers, foliage, seeds or stems of the plant. - (a) land is dedicated as a national park; and - (b) immediately before the dedication, the land was being used (the previous use ) in a way that is inconsistent with the management principles of the park. - (a) applies despite sections 15 and 34 (2) ; but - (b) does not limit sections 35 and 35A . - (a) if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease— (i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility; (ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ; (iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ; (iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die; (v) a lease under the Land Act 1994 ; or - (i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility; - (ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ; - (iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ; - (iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die; - (v) a lease under the Land Act 1994 ; or - (b) otherwise—3 years after the dedication. - (i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility; - (ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ; - (iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ; - (iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die; - (v) a lease under the Land Act 1994 ; or