54EDevelopment in national park areas

54E Development in national park areas

54E Development in national park areas

(1) This clause applies to development carried out on land dedicated or reserved under the National Parks and Wildlife Act 1974 as an Aboriginal area, historic site, national park, nature reserve, State game reserve, regional park or State recreation area.

(2) If, in the absence of this clause, development to which this clause applies may be carried out with development consent, the development may be carried out without that consent.

(3) A nominated authority must not carry out development to which this clause applies that is prescribed development, or cause or permit any such development to be carried out unless the nominated authority—

(a) has given notice in writing to the Council of the area of its intention to carry out the development or cause or permit the development to be carried out, and

(b) has given consideration to any matters requested by the Council, within 30 days after the Council is given notice under paragraph (a), to be taken into account before the development is carried out, being matters related to the fact that the intended development will be prescribed development.

(4) In subclause (3)—

nominated authority means the person or body having the care, control and management of the land under the National Parks and Wildlife Act 1974.

prescribed development means development which is likely—

(a) to generate traffic to an extent that will—

(i) strain the capacity of the road system in the locality of the land on which the development is proposed to be carried out, or

(ii) otherwise adversely affect the movement of traffic on that road system, or

(b) to otherwise have a significant environmental effect on other land in that locality.

cll 54C–54H: Ins 19.11.1999.