Nature Conservation (Protected Areas Management) Regulation 2024
sec.29Reasons for declaring restricted access area
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sec.29 Reasons for declaring restricted access area
The chief executive may declare a protected area or part of a protected area to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable— to ensure the health or safety of a person or protect a person’s property; or to minimise risk to, or safeguard the health of, a person because of a fire or natural disaster; or to conserve or protect the cultural or natural resources of the protected area or native wildlife, including, for example— to protect significant cultural or natural resources of the area or part; or to enable the restoration or rehabilitation of the area or part; or to protect a breeding area for native wildlife; or to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or to manage a significant Torres Strait Islander area in the area in a way that is consistent with Ailan Kastom; or to protect a facility or service in the protected area, including, for example, infrastructure, a water supply facility or power generating equipment; or to protect the character and amenity of the area or an adjacent area; or for the orderly or proper management of the area. In this section— significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003 , section 9 . significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003 , section 9 . (sec.29-ssec.1) The chief executive may declare a protected area or part of a protected area to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable— to ensure the health or safety of a person or protect a person’s property; or to minimise risk to, or safeguard the health of, a person because of a fire or natural disaster; or to conserve or protect the cultural or natural resources of the protected area or native wildlife, including, for example— to protect significant cultural or natural resources of the area or part; or to enable the restoration or rehabilitation of the area or part; or to protect a breeding area for native wildlife; or to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or to manage a significant Torres Strait Islander area in the area in a way that is consistent with Ailan Kastom; or to protect a facility or service in the protected area, including, for example, infrastructure, a water supply facility or power generating equipment; or to protect the character and amenity of the area or an adjacent area; or for the orderly or proper management of the area. (sec.29-ssec.2) In this section— significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003 , section 9 . significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003 , section 9 .