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Recreation Areas Management Act 2006
sec.102Declaration of restricted access area (other than immediately)
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### sec.102 Declaration of restricted access area (other than immediately)
A regulation may, for a purpose mentioned in subsection (2) declare—
all or part of a recreation area to be a restricted access area; or
an area that is under section 101 a restricted access area to continue to be a restricted access area under this section.
The following are purposes for subsection (1) —
the conservation of the cultural or natural resources of the area, including, for example—
to protect significant cultural or natural resources; 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 Island custom;
protection of individuals from potential danger;
protection of a facility or service in the area, including, for example, infrastructure, water supply facilities or power generating equipment;
protection of the amenity of an area adjacent to the area;
the orderly or proper management of the area.
The regulation may be made only after the consultation process mentioned in section 103 has been completed for the declaration.
The declaration has effect—
on the day stated in the regulation; or
if no day is stated in the regulation—on the day the regulation is notified.
The chief executive must, as soon as possible after the declaration has effect, erect or display a restricted access area notice in, at or near an entrance to the restricted access area.
Section 101 (3) and (4) applies for the notice.
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 .
s 102 amd 2013 No. 39 s 110 (2) sch 3 pt 2
(sec.102-ssec.1) A regulation may, for a purpose mentioned in subsection (2) declare— all or part of a recreation area to be a restricted access area; or an area that is under section 101 a restricted access area to continue to be a restricted access area under this section.
(sec.102-ssec.2) The following are purposes for subsection (1) — the conservation of the cultural or natural resources of the area, including, for example— to protect significant cultural or natural resources; 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 Island custom; protection of individuals from potential danger; protection of a facility or service in the area, including, for example, infrastructure, water supply facilities or power generating equipment; protection of the amenity of an area adjacent to the area; the orderly or proper management of the area.
(sec.102-ssec.3) The regulation may be made only after the consultation process mentioned in section 103 has been completed for the declaration.
(sec.102-ssec.4) The declaration has effect— on the day stated in the regulation; or if no day is stated in the regulation—on the day the regulation is notified.
(sec.102-ssec.5) The chief executive must, as soon as possible after the declaration has effect, erect or display a restricted access area notice in, at or near an entrance to the restricted access area.
(sec.102-ssec.6) Section 101 (3) and (4) applies for the notice.
(sec.102-ssec.7) 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 .
- (a) all or part of a recreation area to be a restricted access area; or
- (b) an area that is under section 101 a restricted access area to continue to be a restricted access area under this section.
- (a) the conservation of the cultural or natural resources of the area, including, for example— (i) to protect significant cultural or natural resources; or (ii) to enable the restoration or rehabilitation of the area or part; or (iii) to protect a breeding area for native wildlife; or (iv) to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or (v) to manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom;
- (i) to protect significant cultural or natural resources; or
- (ii) to enable the restoration or rehabilitation of the area or part; or
- (iii) to protect a breeding area for native wildlife; or
- (iv) to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or
- (v) to manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom;
- (b) protection of individuals from potential danger;
- (c) protection of a facility or service in the area, including, for example, infrastructure, water supply facilities or power generating equipment;
- (d) protection of the amenity of an area adjacent to the area;
- (e) the orderly or proper management of the area.
- (i) to protect significant cultural or natural resources; or
- (ii) to enable the restoration or rehabilitation of the area or part; or
- (iii) to protect a breeding area for native wildlife; or
- (iv) to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or
- (v) to manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom;
- (a) on the day stated in the regulation; or
- (b) if no day is stated in the regulation—on the day the regulation is notified.