sec.43GService facilities over land in special wildlife reserve

### sec.43G Service facilities over land in special wildlife reserve The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if— the use under the authority is only for a new service facility; and the landholder of the land consents to the use; and the chief executive is satisfied— the management principles and the conservation agreement for the special wildlife reserve 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 the use is prescribed by regulation to be a permitted use for the special wildlife reserve. The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if— the use under the authority is only for an existing service facility; and the chief executive is satisfied the use— is ecologically sustainable; and 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 Subsections (1) and (2) — have effect despite section 15 ; and do not limit, and are not limited by, section 43F . In this section— new service facility means a service facility, other than an existing service facility. s 43G ins 2019 No. 8 s 12 amd 2021 No. 11 s 19 (sec.43G-ssec.1) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if— the use under the authority is only for a new service facility; and the landholder of the land consents to the use; and the chief executive is satisfied— the management principles and the conservation agreement for the special wildlife reserve 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 the use is prescribed by regulation to be a permitted use for the special wildlife reserve. (sec.43G-ssec.2) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if— the use under the authority is only for an existing service facility; and the chief executive is satisfied the use— is ecologically sustainable; and 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.43G-ssec.3) Subsections (1) and (2) — have effect despite section 15 ; and do not limit, and are not limited by, section 43F . (sec.43G-ssec.4) In this section— new service facility means a service facility, other than an existing service facility. - (a) the use under the authority is only for a new service facility; and - (b) the landholder of the land consents to the use; and - (c) the chief executive is satisfied— (i) the management principles and the conservation agreement for the special wildlife reserve 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 management principles and the conservation agreement for the special wildlife reserve 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 - (d) the use is prescribed by regulation to be a permitted use for the special wildlife reserve. - (i) the management principles and the conservation agreement for the special wildlife reserve 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 - (a) the use under the authority is only for an existing service facility; and - (b) the chief executive is satisfied the use— (i) is ecologically sustainable; and (ii) 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) is ecologically sustainable; and - (ii) 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) is ecologically sustainable; and - (ii) 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 - (a) have effect despite section 15 ; and - (b) do not limit, and are not limited by, section 43F .