sec.49Restriction on grant for particular protected areas in Cape York Peninsula Region

sec.49 Restriction on grant for particular protected areas in Cape York Peninsula Region

This section applies in relation to the grant of a protected area authority for a protected area if— the area is in the Cape York Peninsula Region; and there is an Indigenous land use agreement for the area; and there is no Indigenous management agreement for the area. The chief executive may grant the protected area authority only if the chief executive complies with any consultation requirement under the Indigenous land use agreement. In this section— consultation requirement , under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following things— give a person a notice about an application for a protected area authority for the area; allow the person to respond to the notice; consider the person’s response, if any; seek the person’s consent for the grant of the authority; obtain the person’s consent for the grant of the authority. (sec.49-ssec.1) This section applies in relation to the grant of a protected area authority for a protected area if— the area is in the Cape York Peninsula Region; and there is an Indigenous land use agreement for the area; and there is no Indigenous management agreement for the area. (sec.49-ssec.2) The chief executive may grant the protected area authority only if the chief executive complies with any consultation requirement under the Indigenous land use agreement. (sec.49-ssec.3) In this section— consultation requirement , under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following things— give a person a notice about an application for a protected area authority for the area; allow the person to respond to the notice; consider the person’s response, if any; seek the person’s consent for the grant of the authority; obtain the person’s consent for the grant of the authority.

• (a) the area is in the Cape York Peninsula Region; and
• (b) there is an Indigenous land use agreement for the area; and
• (c) there is no Indigenous management agreement for the area.
• (a) give a person a notice about an application for a protected area authority for the area;
• (b) allow the person to respond to the notice;
• (c) consider the person’s response, if any;
• (d) seek the person’s consent for the grant of the authority;
• (e) obtain the person’s consent for the grant of the authority.