sec.42APAuthorities for new national park that is an Indigenous joint management area

### sec.42AP Authorities for new national park that is an Indigenous joint management area This section applies if— land is, or is part of, an Indigenous joint management area; and the 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 and the Indigenous landholder for land in the national park, or a part of the national park, that is an Indigenous joint management area, 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 42AN (2) , and does not limit sections 42AO and 42AOA . In this section— allowable term , in relation to a previous use authority, 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 42AP ins 2011 No. 11 s 44 amd 2013 No. 18 s 15 ; 2013 No. 5 s 138 ; 2024 No. 17 s 192 sch 1 pt 3 (sec.42AP-ssec.1) This section applies if— land is, or is part of, an Indigenous joint management area; and the 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.42AP-ssec.2) The chief executive and the Indigenous landholder for land in the national park, or a part of the national park, that is an Indigenous joint management area, 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.42AP-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.42AP-ssec.4) A previous use authority must not be renewed. (sec.42AP-ssec.5) This section applies despite sections 15 and 42AN (2) , and does not limit sections 42AO and 42AOA . (sec.42AP-ssec.6) In this section— allowable term , in relation to a previous use authority, 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, or is part of, an Indigenous joint management area; and - (b) the land is dedicated as a national park; and - (c) 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) 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