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NATURE CONSERVATION ACT 1992 - SECT 36

Authorities for new national park

36 Authorities for new national park

(1) This section applies if—
(a) land is dedicated as a national park; and
(b) immediately before the dedication, the land was being used (the
"previous use" ) in a way that is inconsistent with the management principles of the park.
(2) The chief executive may grant an authority (a
"previous use authority" ) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication.
(3) However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959 , section 56 .
(4) A previous use authority must not be renewed.
(5) This section—
(a) applies despite sections 15 and 34 (2) ; but
(b) does not limit sections 35 and 35A .
(5A) This section does not apply to a national park, or a part of a national park, that is an indigenous joint management area.
Note—
For an indigenous joint management area, see section 42AP .
(6) In this section—

"allowable term" , for a previous use of a national park, means a term no longer than—
(a) if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease—
(i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility;
(ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ;
(iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ;
(iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;
(v) a lease under the Land Act 1994 ; or
(b) otherwise—3 years after the dedication.

"authority" means an agreement or a lease, licence, permit or other authority.

"plant parts" means the flowers, foliage, seeds or stems of the plant.



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