Nature Conservation (Protected Areas Management) Regulation 2024
sec.115Matters for chief executive to consider
Start here
Get a plain-English read of sec.115
Turn the raw legal text into a practical explanation grounded in Nature Conservation (Protected Areas Management) Regulation 2024.
sec.115 Matters for chief executive to consider
In considering an application for a protected area authority for a protected area, the chief executive must have regard to each of the following matters— whether the chief executive is prevented from granting the authority by a restriction under chapter 3 or 4 ; whether or not the applicant is a suitable person to hold the authority; See part 1 for when a person is not a suitable person. the impact the activities proposed to be conducted under the authority may have on the conservation of the cultural or natural resources of the area; the effect the grant of the authority may have on— fair and equitable access to nature; and the ecologically sustainable use of protected areas; any contribution the applicant proposes to make to the conservation of nature; any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; the precautionary principle; public health and safety; the public interest; any recovery plan for wildlife to which the authority applies; any other matter stated in a management instrument as a matter to which the chief executive must have regard when considering an application for the authority; the impact the activities that may be conducted under the authority may have on the character and amenity of the area and adjacent areas; the likely cumulative effect of the proposed use and other uses on the area; the orderly and proper management of the area. Without limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act . See also section 137 of the Act about consistency of particular licences, permits or other authorities with management principles and particular management instruments. In this section— precautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes. recovery plan , for wildlife— means a document stating what research and management is necessary to stop the decline, support the recovery, or enhance the chance of long-term survival in the wild, of the wildlife; and includes a recovery plan made or adopted under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , section 269A . (sec.115-ssec.1) In considering an application for a protected area authority for a protected area, the chief executive must have regard to each of the following matters— whether the chief executive is prevented from granting the authority by a restriction under chapter 3 or 4 ; whether or not the applicant is a suitable person to hold the authority; See part 1 for when a person is not a suitable person. the impact the activities proposed to be conducted under the authority may have on the conservation of the cultural or natural resources of the area; the effect the grant of the authority may have on— fair and equitable access to nature; and the ecologically sustainable use of protected areas; any contribution the applicant proposes to make to the conservation of nature; any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; the precautionary principle; public health and safety; the public interest; any recovery plan for wildlife to which the authority applies; any other matter stated in a management instrument as a matter to which the chief executive must have regard when considering an application for the authority; the impact the activities that may be conducted under the authority may have on the character and amenity of the area and adjacent areas; the likely cumulative effect of the proposed use and other uses on the area; the orderly and proper management of the area. (sec.115-ssec.2) Without limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act . See also section 137 of the Act about consistency of particular licences, permits or other authorities with management principles and particular management instruments. (sec.115-ssec.3) In this section— precautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes. recovery plan , for wildlife— means a document stating what research and management is necessary to stop the decline, support the recovery, or enhance the chance of long-term survival in the wild, of the wildlife; and includes a recovery plan made or adopted under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , section 269A .