(1) Subsection (2)
does not apply in relation to land if it is the subject of a management plan
prepared in accordance with section 56(2).
(2) The functions of
the Minister and the CEO under this Part in relation to land must be performed
in a manner that —
(a)
protects and conserves the value of the land to the culture and heritage of
Aboriginal persons, in particular from any material adverse effect caused by
—
(i)
entry on or the use of the land by other persons; or
(ii)
the taking or removal of the land’s fauna, flora or
forest produce,
under any permit,
licence, contract, lease or other authority granted under this Part; but
(b) does
not have an adverse effect on the protection or conservation of the
land’s fauna and flora.
[Section 86A inserted: No. 36 of 2011 s. 29.]