Wet Tropics Management Plan 1998
sec.40Authority must negotiate
Start here
Get a plain-English read of sec.40
Turn the raw legal text into a practical explanation grounded in Wet Tropics Management Plan 1998.
sec.40 Authority must negotiate
This section applies if— a person or a group of persons has or claims rights concerning land in the area; and the person or group seeks negotiations in good faith with the authority about the exercise of the rights. The authority must negotiate in good faith with the person or group as soon as practicable after the negotiations are sought, with a view to entering into a mutually beneficial agreement that is lawful and consistent with achieving the primary goal. A person is, or claims to be, the holder of a freehold title or native title in relation to land in the area. The exercise of particular rights under the title could result in damage to an area of rainforest. The person seeks negotiations in good faith with the authority about the exercise of the rights. The authority must negotiate in good faith with the person under this section. The negotiations may lead to the authority and the person entering into a cooperative management agreement under section 41 . In this section— rights , concerning land, includes rights and interests held by Aboriginal people particularly concerned with the land. s 40 amd 2020 SL No. 176 s 27 (sec.40-ssec.1) This section applies if— a person or a group of persons has or claims rights concerning land in the area; and the person or group seeks negotiations in good faith with the authority about the exercise of the rights. (sec.40-ssec.2) The authority must negotiate in good faith with the person or group as soon as practicable after the negotiations are sought, with a view to entering into a mutually beneficial agreement that is lawful and consistent with achieving the primary goal. A person is, or claims to be, the holder of a freehold title or native title in relation to land in the area. The exercise of particular rights under the title could result in damage to an area of rainforest. The person seeks negotiations in good faith with the authority about the exercise of the rights. The authority must negotiate in good faith with the person under this section. The negotiations may lead to the authority and the person entering into a cooperative management agreement under section 41 . (sec.40-ssec.3) In this section— rights , concerning land, includes rights and interests held by Aboriginal people particularly concerned with the land.
- (a) a person or a group of persons has or claims rights concerning land in the area; and
- (b) the person or group seeks negotiations in good faith with the authority about the exercise of the rights.