sec.36AApiary permits for particular areas

### sec.36A Apiary permits for particular areas Despite sections 15 and 137 , the chief executive may grant an apiary permit for a national park, even if the permit is inconsistent with the management strategy for the park. However, subsection (1) applies only if— the apiary permit is granted for an area (an apiary area ) prescribed by regulation to be an apiary area; and the granting of the permit complies with any requirements prescribed by regulation for the apiary area. The Minister may recommend to the Governor in Council the making of a regulation prescribing an apiary area only if the Minister is satisfied— the area— was a prescribed forest reserve immediately before the commencement; and is to be proposed for dedication as a national park after the commencement; or the area was a prescribed forest reserve before it was dedicated, or taken to be dedicated, as a national park before the commencement; or the area— was dedicated as a national park before the commencement; and is subject to a previous use authority for beekeeping activities; or the area was, before the commencement, declared as a special management area (controlled action) for carrying out beekeeping activities; or the area is, after the commencement, dedicated as a national park and beekeeping activities were lawfully carried out or permitted on the area immediately before the dedication; or the area is, after the commencement, proposed for dedication as a national park and beekeeping activities are being lawfully carried out or are permitted on the area. Without limiting subsection (2) (b) , a regulation may prescribe— requirements about sites designated for the placing of beehives in an apiary area; or limits on the number of sites for the apiary area or beehives for each site. This section does not limit, and is not limited by, section 36 . This section stops applying on 1 January 2045. In this section— apiary permit means a permit, issued or given under a regulation, to take, use, keep or interfere with a cultural or natural resource for beekeeping. management strategy , for a national park, means any of the following for the park— the management principles; the interim or declared management intent; a management plan. prescribed forest reserve means a forest reserve prescribed by regulation under section 184 , as in force from time to time before the commencement. previous use authority see section 36 (2) . s 36A ins 2022 No. 21 s 25 (sec.36A-ssec.1) Despite sections 15 and 137 , the chief executive may grant an apiary permit for a national park, even if the permit is inconsistent with the management strategy for the park. (sec.36A-ssec.2) However, subsection (1) applies only if— the apiary permit is granted for an area (an apiary area ) prescribed by regulation to be an apiary area; and the granting of the permit complies with any requirements prescribed by regulation for the apiary area. (sec.36A-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation prescribing an apiary area only if the Minister is satisfied— the area— was a prescribed forest reserve immediately before the commencement; and is to be proposed for dedication as a national park after the commencement; or the area was a prescribed forest reserve before it was dedicated, or taken to be dedicated, as a national park before the commencement; or the area— was dedicated as a national park before the commencement; and is subject to a previous use authority for beekeeping activities; or the area was, before the commencement, declared as a special management area (controlled action) for carrying out beekeeping activities; or the area is, after the commencement, dedicated as a national park and beekeeping activities were lawfully carried out or permitted on the area immediately before the dedication; or the area is, after the commencement, proposed for dedication as a national park and beekeeping activities are being lawfully carried out or are permitted on the area. (sec.36A-ssec.4) Without limiting subsection (2) (b) , a regulation may prescribe— requirements about sites designated for the placing of beehives in an apiary area; or limits on the number of sites for the apiary area or beehives for each site. (sec.36A-ssec.5) This section does not limit, and is not limited by, section 36 . (sec.36A-ssec.6) This section stops applying on 1 January 2045. (sec.36A-ssec.7) In this section— apiary permit means a permit, issued or given under a regulation, to take, use, keep or interfere with a cultural or natural resource for beekeeping. management strategy , for a national park, means any of the following for the park— the management principles; the interim or declared management intent; a management plan. prescribed forest reserve means a forest reserve prescribed by regulation under section 184 , as in force from time to time before the commencement. previous use authority see section 36 (2) . - (a) the apiary permit is granted for an area (an apiary area ) prescribed by regulation to be an apiary area; and - (b) the granting of the permit complies with any requirements prescribed by regulation for the apiary area. - (a) the area— (i) was a prescribed forest reserve immediately before the commencement; and (ii) is to be proposed for dedication as a national park after the commencement; or - (i) was a prescribed forest reserve immediately before the commencement; and - (ii) is to be proposed for dedication as a national park after the commencement; or - (b) the area was a prescribed forest reserve before it was dedicated, or taken to be dedicated, as a national park before the commencement; or - (c) the area— (i) was dedicated as a national park before the commencement; and (ii) is subject to a previous use authority for beekeeping activities; or - (i) was dedicated as a national park before the commencement; and - (ii) is subject to a previous use authority for beekeeping activities; or - (d) the area was, before the commencement, declared as a special management area (controlled action) for carrying out beekeeping activities; or - (e) the area is, after the commencement, dedicated as a national park and beekeeping activities were lawfully carried out or permitted on the area immediately before the dedication; or - (f) the area is, after the commencement, proposed for dedication as a national park and beekeeping activities are being lawfully carried out or are permitted on the area. - (i) was a prescribed forest reserve immediately before the commencement; and - (ii) is to be proposed for dedication as a national park after the commencement; or - (i) was dedicated as a national park before the commencement; and - (ii) is subject to a previous use authority for beekeeping activities; or - (a) requirements about sites designated for the placing of beehives in an apiary area; or - (b) limits on the number of sites for the apiary area or beehives for each site. - (a) the management principles; - (b) the interim or declared management intent; - (c) a management plan.