sec.42AEParticular powers about permitted uses in national park (Cape York Peninsula Aboriginal land)

### sec.42AE Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land) The chief executive and the Indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land), may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land 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 and the Indigenous landholder are 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 and the Indigenous landholder are 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 protected area. Subsection (1) — has effect despite section 15 ; and does not limit, and is not limited by, section 42AD . If a lease is granted under subsection (1) , the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration. s 42AE ins 2007 No. 48 s 49 amd 2011 No. 26 s 119 ; 2013 No. 18 s 11 ; 2011 No. 31 s 342 ; 2021 No. 11 s 14 ; 2021 No. 12 s 148 sch 3 ; 2024 No. 17 s 192 sch 1 pt 3 (sec.42AE-ssec.1) The chief executive and the Indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land), may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land 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 and the Indigenous landholder are 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 and the Indigenous landholder are 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 protected area. (sec.42AE-ssec.2) Subsection (1) — has effect despite section 15 ; and does not limit, and is not limited by, section 42AD . (sec.42AE-ssec.3) If a lease is granted under subsection (1) , the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration. - (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 and the Indigenous landholder are 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 and the Indigenous landholder are 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 protected 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 42AD .