sec.42AEAParticular powers about permitted uses for existing service facilities in national park (Cape York Peninsula Aboriginal land)

### sec.42AEA Particular powers about permitted uses for existing service facilities 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 an existing service facility; and the chief executive and the Indigenous landholder are satisfied— the use is ecologically sustainable; and the use does not include carrying out substantial improvements to the existing service facility. an upgrade of a road that provides access to a communications tower the replacement of a pipeline with a larger pipeline Subsection (1) applies despite sections 15 and 42AD (2) , and does not limit section 42AE . As soon as practicable after a lease is granted under subsection (1) , the chief executive must lodge the lease with the registrar of titles for registration. s 42AEA ins 2013 No. 18 s 12 amd 2013 No. 55 ss 36 , 133 ; 2021 No. 12 s 148 sch 3 ; 2024 No. 17 s 192 sch 1 pt 3 (sec.42AEA-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 an existing service facility; and the chief executive and the Indigenous landholder are satisfied— the use is ecologically sustainable; and the use does not include carrying out substantial improvements to the existing service facility. an upgrade of a road that provides access to a communications tower the replacement of a pipeline with a larger pipeline (sec.42AEA-ssec.2) Subsection (1) applies despite sections 15 and 42AD (2) , and does not limit section 42AE . (sec.42AEA-ssec.3) As soon as practicable after a lease is granted under subsection (1) , the chief executive must lodge the lease with the registrar of titles for registration. - (a) the use under the authority is only for an existing service facility; and - (b) the chief executive and the Indigenous landholder are satisfied— (i) the use is ecologically sustainable; and (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline - (i) the use is ecologically sustainable; and - (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline - • an upgrade of a road that provides access to a communications tower - • the replacement of a pipeline with a larger pipeline - (i) the use is ecologically sustainable; and - (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline - • an upgrade of a road that provides access to a communications tower - • the replacement of a pipeline with a larger pipeline - • an upgrade of a road that provides access to a communications tower - • the replacement of a pipeline with a larger pipeline