QLDIn ForceAct
Nature Conservation Act 1992
sec.43GService facilities over land in special wildlife reserve
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### 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 .