Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 43G

43G Service facilities over land in special wildlife reserve

(1) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if—

(a) the use under the authority is only for a new service facility; and

(b) the landholder of the land consents to the use; and

(c) the chief executive is satisfied—

(i) the management principles and the conservation agreement for the special wildlife reserve will be observed to the greatest possible extent; and

(ii) the use will be in the public interest; and

(iii) the use is ecologically sustainable; and

(iv) there is no reasonably practicable alternative to the use; and

(d) the use is prescribed by regulation to be a permitted use for the special wildlife reserve.

(2) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if—

(a) the use under the authority is only for an existing service facility; and

(b) the chief executive is satisfied the use—

(i) is ecologically sustainable; and

(ii) does not include carrying out substantial improvements to the existing service facility.

Examples of a substantial improvement to an existing service facility—

• an upgrade of a road that provides access to a communications tower

• the replacement of a pipeline with a larger pipeline

(3) Subsections (1) and (2) —

(a) have effect despite section 15 ; and

(b) do not limit, and are not limited by, section 43F .

(4) In this section—

"new service facility" means a service facility, other than an existing service facility.