Queensland Consolidated Acts

ENVIRONMENTAL PROTECTION ACT 1994 - SECT 38

38 Who is an affected person for a project

(1) A person is an
"affected person" for a project if the person is—

(a) a person mentioned in subsection (2) for the operational land or any land joining it; or

(b) any of the following under the Native Title Act 1993 (Cwlth) for the operational land or for an area that includes any of the land—

(i) a registered native title body corporate;

(ii) a registered native title claimant;

(iii) a representative Aboriginal/Torres Strait Islander body; or

(c) a relevant local government for the operational land.

(2) For subsection (1) (a) , the persons are as follows—

(a) for freehold land—a registered proprietor;

(b) for land that is held from the State for an estate or interest less than fee simple and for which the interest is recorded in a register mentioned in the Land Act 1994 (
"Land Act" ), section 276 —a person recorded in the register as the registered holder of the interest;

(c) for land subject to a mining claim, mineral development licence or mining lease—a holder of, or an applicant for, the mining tenure;

(d) for land subject to a relevant tenure for an environmental authority for a resource activity, other than a mining activity—the holder of the tenure;

(e) for land under the Land Act or the Nature Conservation Act 1992 (
"NCA" ) for which there are trustees—a trustee of the land;

(f) for Aboriginal land under the Aboriginal Land Act 1991 (
"ALA" ) that is taken to be a reserve because of section 202 (2) or (4) (b) of that Act—the trustee of the land;

(g) for DOGIT land under the ALA or the Torres Strait Islander Land Act 1991 —a trustee for the land;

(i) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151 (2) of that Act—the trustee of the land;

(j) for land that, under the Aboriginal and Torres Strait Islander Land Holding Act 2013 , is lease land for a 1985 Act granted lease or a new Act granted lease—the lessee;

(k) for land that is any of the following, the State—

(i) unallocated State land;

(ii) a reserve under the Land Act for which there is no trustee;

(iii) a national park (scientific), national park, national park (Aboriginal land), national park (Torres Strait Islander land) or forest reserve under the NCA ;

(iv) a conservation park or resources reserve under the NCA for which there are no trustees;

(v) a State forest or timber reserve under the Forestry Act 1959 ;

(vi) a State-controlled road;

(vii) a fish habitat area under the Fisheries Act 1994 ;

(l) another person prescribed under a regulation.