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CAPE YORK PENINSULA HERITAGE BILL 2007

          Queensland



Cape York Peninsula Heritage
Bill 2007

 


 

 

Queensland Cape York Peninsula Heritage Bill 2007 Contents Page Part 1 Preliminary Division 1 Introduction and objects of Act 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 How objects are primarily achieved . . . . . . . . . . . . . . . . . . . . . . . 6 5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 2 Interpretation 6 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Meaning of Cape York Peninsula Region . . . . . . . . . . . . . . . . . . . 7 Part 2 Areas of international conservation significance Division 1 Preliminary 8 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 2 Declaration of areas of international conservation significance 9 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Notice and consultation about declaration . . . . . . . . . . . . . . . . . . 9 11 Criteria for declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Minor amendment of boundary of area of international conservation significance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 3 Indigenous community use areas Division 1 Preliminary 13 Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2 Declaration of indigenous community use areas 14 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15 Consultation about declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Criteria for declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

 


 

2 Cape York Peninsula Heritage Bill 2007 Part 4 Matters about particular development in Cape York Peninsula Region Division 1 Preliminary 17 Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 2 Development for a special indigenous purpose 18 Development--generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Development in indigenous community use area . . . . . . . . . . . . . 13 Part 5 Committees Division 1 Cape York Peninsula Regional Advisory Committee 20 Establishment and functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2 Cape York Peninsula Region Scientific and Cultural Advisory Committee 22 Establishment and functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 23 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 6 Miscellaneous 24 Special provision about particular scientific purposes permit. . . . 17 25 Special provision about pastoral leases . . . . . . . . . . . . . . . . . . . . 18 26 Special provision about particular declaration under the Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 18 27 Special provision about water reserve . . . . . . . . . . . . . . . . . . . . . 19 28 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 29 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Part 7 Amendment of Acts Division 1 Aboriginal Land Act 1991 30 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 31 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 20 32 Amendment of s 12 (Lands that are transferrable lands) . . . . . . . 21 33 Amendment of s 28 (Minister to appoint trustees) . . . . . . . . . . . . 21 34 Amendment of s 39 (Permitted dealings with transferred land) . . 21 35 Amendment of s 65 (Minister to appoint trustees) . . . . . . . . . . . . 22 36 Amendment of s 76 (Permitted dealings with granted land). . . . . 22 37 Amendment of s 83 (National park subject to lease to State etc.) 23 38 Insertion of new pts 5A-5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 5A Provisions about particular land trusts 83A Minister may establish land trust before grant of land 23 83B Purpose of establishing land trust . . . . . . . . . . . . . . . 24 83C Application of particular provisions. . . . . . . . . . . . . . . 24

 


 

3 Cape York Peninsula Heritage Bill 2007 83D Notice about land trust . . . . . . . . . . . . . . . . . . . . . . . . 25 83E Land trust to enter into indigenous management agreement ........................... 25 83F Dissolution of land trust . . . . . . . . . . . . . . . . . . . . . . . 26 Part 5B Indigenous management agreements and national parks in Cape York Peninsula Region Division 1 Indigenous management agreements 83G Requirements for indigenous management agreement ........................... 26 83H Amending indigenous management agreement. . . . . 27 83I Recording of indigenous management agreement . . 27 Division 2 National parks in Cape York Peninsula Region 83J Requirements about grant of national parks in Cape York Peninsula Region . . . . . . . . . . . . . . . . . . . . . . . . 28 83K Particular national parks taken to be transferable land ................................. 29 Part 5C Provision about particular claimable land 83L Particular claimable land taken to be transferable land ................................. 29 Division 2 Land and Other Legislation Amendment Act 2007 39 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 40 Amendment of s 67 (Amendment of s 155 (Length of term leases) of Act No. 19 of 2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 41 Amendment of s 203 (Amendment of sch 6 (Dictionary) of Act No. 19 of 2007). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 3 Nature Conservation Act 1992 42 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 43 Amendment of s 14 (Classes of protected areas to which Act applies) ....................................... 31 44 Amendment of s 15 (Management of protected areas) . . . . . . . . 32 45 Insertion of new s 19AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 19AA Management principles of national parks (Cape York Peninsula Aboriginal land) . . . . . . . . . . . . . . . . . . . . . 32 46 Amendment of s 27 (Prohibition on mining) . . . . . . . . . . . . . . . . . 32 47 Insertion of new pt 4, div 3, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . 33 48 Amendment of s 40 (Dedication of national park as national park (Aboriginal land) or national park (Torres Strait Islander land)) . . 33 49 Insertion of new pt 4, div 3, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 33 Subdivision 2 National parks (Cape York Peninsula Aboriginal land)

 


 

4 Cape York Peninsula Heritage Bill 2007 42AA Dedication of national park as national park (Cape York Peninsula Aboriginal land) . . . . . . . . . . . . . . . . . 33 42AB Dedication of Aboriginal land as national park (Cape York Peninsula Aboriginal land) . . . . . . . . . . . . . . . . . 34 42AC Dedication of other land as national park (Cape York Peninsula Aboriginal land) . . . . . . . . . . . . . . . . . . . . . 34 42AD Leases etc. over national park (Cape York Peninsula Aboriginal land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 42AE Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land) . . . . . . . . 35 50 Amendment of s 111 (Management plans) . . . . . . . . . . . . . . . . . 36 51 Amendment of s 120 (Implementation of approved plan). . . . . . . 37 52 Insertion of new s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 132A Committees for protected areas in Cape York Peninsula Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 53 Amendment of s 133 (Chief executive to keep register). . . . . . . . 38 54 Amendment of s 141 (Delegation by chief executive) . . . . . . . . . 38 55 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 38 Division 4 Vegetation Management Act 1999 56 Act amended in div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 57 Insertion of new pt 2, div 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 4A Code for clearing vegetation for special indigenous purpose 19N Code for clearing vegetation for special indigenous purpose ............................. 39 58 Amendment of s 20 (IDAS codes for the clearing of vegetation) . 40 59 Amendment of s 20B (When chief executive may make property map of assessable vegetation) . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 60 Amendment of s 22A (Particular vegetation clearing applications may be assessed) . . . . . . . . . . . . . . . . . . . . . . . . . . 41 61 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 42 Division 5 Wild Rivers Act 2005 62 Act amended in div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 63 Amendment of s 44 (Relationship with other Acts) . . . . . . . . . . . 42 64 Amendment of s 46 (Meaning of Aurukun project) . . . . . . . . . . . . 42 Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

 


 

2007 A Bill for An Act to provide for the identification of the significant natural and cultural values of Cape York Peninsula, and cooperative and ecologically sustainable management of Cape York Peninsula

 


 

s1 6 s4 Cape York Peninsula Heritage Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Division 1 Introduction and objects of Act 3 1 Short title 4 This Act may be cited as the Cape York Peninsula Heritage 5 Act 2007. 6 2 Commencement 7 This Act commences on a day to be fixed by proclamation. 8 3 Objects of Act 9 The objects of this Act are-- 10 (a) to identify significant natural and cultural values of 11 Cape York Peninsula; and 12 (b) to provide for cooperative management, protection and 13 ecologically sustainable use of land, including pastoral 14 land, in the Cape York Peninsula Region; and 15 (c) to recognise the economic, social and cultural needs and 16 aspirations of indigenous communities in relation to 17 land use in the Cape York Peninsula Region; and 18 (d) to recognise the contribution of the pastoral industry in 19 the Cape York Peninsula Region to the economy and 20 land management in the region. 21 4 How objects are primarily achieved 22 The objects are to be achieved primarily by providing for-- 23 (a) the declaration of areas of international conservation 24 significance; and 25

 


 

s5 7 s7 Cape York Peninsula Heritage Bill 2007 (b) the cooperative involvement of landholders in the 1 management of the natural and cultural values of Cape 2 York Peninsula; and 3 (c) the continuance of an environmentally sustainable 4 pastoral industry as a form of land use in the Cape York 5 Peninsula Region; and 6 (d) the declaration of indigenous community use areas in 7 which indigenous communities may undertake 8 appropriate economic activities; and 9 (e) the establishment of committees to advise the 10 environment Minister and vegetation management 11 Minister about particular matters under this Act. 12 5 Act binds all persons 13 This Act binds all persons, including the State and, to the 14 extent the legislative power of the Parliament permits, the 15 Commonwealth and the other States. 16 Division 2 Interpretation 17 6 Dictionary 18 The dictionary in the schedule defines particular words used 19 in this Act. 20 7 Meaning of Cape York Peninsula Region 21 (1) The Cape York Peninsula Region is the part of the State 22 shown as, and stated to be included in, the Cape York 23 Peninsula Region on the map called `Map 1 Cape York 24 Peninsula Region' prepared and held by the natural resources 25 department. 26 Editor's note-- 27 The map may be viewed on the natural resources department's web site. 28 (2) The exact location of the boundary of the Cape York 29 Peninsula Region is held in digital electronic form by the 30 natural resources department. 31

 


 

s8 8 s9 Cape York Peninsula Heritage Bill 2007 (3) The information held in digital electronic form can be reduced 1 or enlarged to show the details of the boundary. 2 (4) In this section-- 3 natural resources department means the department in which 4 the Land Act 1994 is administered. 5 Part 2 Areas of international 6 conservation significance 7 Division 1 Preliminary 8 8 Purpose of pt 2 9 The purpose of this part is to provide for the declaration of 10 land in the Cape York Peninsula Region as an area of 11 international conservation significance. 12 Division 2 Declaration of areas of international 13 conservation significance 14 9 Declaration 15 (1) A regulation may declare a part of the Cape York Peninsula 16 Region to be an area of international conservation 17 significance. 18 (2) The regulation must-- 19 (a) describe the area for which the declaration is made; and 20 (b) state the area's significant natural and cultural values for 21 which the declaration is made. 22

 


 

s 10 9 s 11 Cape York Peninsula Heritage Bill 2007 10 Notice and consultation about declaration 1 (1) Before a part of the Cape York Peninsula Region is declared 2 to be an area of international conservation significance, the 3 environment Minister-- 4 (a) must publish a notice that-- 5 (i) identifies the area proposed to be declared; and 6 (ii) invites persons who may have an interest in the 7 area to give submissions to the Minister about the 8 proposal within a stated period of at least 28 days 9 after the notice is published; and 10 (b) must consider the submissions given to the Minister 11 under paragraph (a)(ii); and 12 (c) must consult with the regional advisory committee and 13 the scientific and cultural advisory committee about the 14 proposed declaration. 15 (2) A submission under subsection (1)(a)(ii) may be given to the 16 environment Minister in the way the Minister considers 17 appropriate. 18 (3) Subsection (1) does not limit the extent to which the 19 environment Minister may consult with any other person or 20 entity the Minister considers appropriate. 21 (4) In this section-- 22 publish, for a notice, means publish in a newspaper 23 circulating generally in the State and publish in the gazette. 24 11 Criteria for declaration 25 (1) A regulation may declare a part of the Cape York Peninsula 26 Region to be an area of international conservation significance 27 only if the environment Minister-- 28 (a) has complied with section 10(1); and 29 (b) is satisfied that, based on an assessment of the part's 30 natural and cultural values, the part meets 1 or more of 31 the criteria for inclusion on the World Heritage List 32 established and kept under the World Heritage 33 Convention. 34

 


 

s 12 10 s 13 Cape York Peninsula Heritage Bill 2007 Editor's note-- 1 The criteria may be viewed on the United Nations Educational, 2 Scientific and Cultural Organisation's web site at 3 . 4 (2) In this section-- 5 World Heritage Convention see the Nature Conservation Act 6 1992, schedule. 7 12 Minor amendment of boundary of area of international 8 conservation significance 9 A regulation may amend the boundary of an area of 10 international conservation significance without section 10(1) 11 applying if-- 12 (a) the amendment is only to make a minor change to the 13 boundary because of new information about the area's 14 natural and cultural values; and 15 (b) the environment Minister has consulted with each 16 person the Minister reasonably considers may have an 17 interest in the area to be included or excluded from the 18 area of international conservation significance under the 19 proposed amendment. 20 Part 3 Indigenous community use 21 areas 22 Division 1 Preliminary 23 13 Purpose of pt 3 24 The purpose of this part is to provide for the declaration of 25 land in the Cape York Peninsula Region as an indigenous 26 community use area. 27

 


 

s 14 11 s 16 Cape York Peninsula Heritage Bill 2007 Division 2 Declaration of indigenous 1 community use areas 2 14 Declaration 3 (1) The Governor in Council may, by gazette notice, declare a 4 part of the Cape York Peninsula Region that is Aboriginal 5 land, Aurukun Shire lease land or DOGIT land to be an 6 indigenous community use area. 7 (2) The notice must describe the area for which the declaration is 8 made. 9 15 Consultation about declaration 10 (1) Before a part of the Cape York Peninsula Region is declared 11 to be an indigenous community use area, the vegetation 12 management Minister must consult with the regional advisory 13 committee and the scientific and cultural advisory committee 14 about the proposed declaration. 15 (2) Subsection (1) does not limit the extent to which the 16 vegetation management Minister may consult with any other 17 person or entity the Minister considers appropriate. 18 16 Criteria for declaration 19 The Governor in Council may declare a part of the Cape York 20 Peninsula Region to be an indigenous community use area 21 only if-- 22 (a) the landholder for the land the subject of the declaration 23 has asked the vegetation management Minister, in 24 writing, for the declaration to be made; and 25 (b) the vegetation management Minister-- 26 (i) has complied with section 15(1); and 27 (ii) is satisfied that the land has the potential to support 28 agricultural, animal husbandry, aquacultural or 29 grazing activities. 30

 


 

s 17 12 s 18 Cape York Peninsula Heritage Bill 2007 Part 4 Matters about particular 1 development in Cape York 2 Peninsula Region 3 Division 1 Preliminary 4 17 Purpose of pt 4 5 The purpose of this part is to provide for how the vegetation 6 management Minister may be satisfied, for the Vegetation 7 Management Act 1999, section 22A(2AA), that development 8 applied for under a vegetation clearing application is for a 9 special indigenous purpose. 10 Division 2 Development for a special 11 indigenous purpose 12 18 Development--generally 13 (1) The vegetation management Minister may be satisfied that 14 development applied for under a vegetation clearing 15 application is for a special indigenous purpose if-- 16 (a) the application is for proposed development on 17 Aboriginal land, Aurukun Shire lease land or DOGIT 18 land in the Cape York Peninsula Region; and 19 (b) the application does not involve the clearing of native 20 vegetation-- 21 (i) in an endangered regional ecosystem; or 22 (ii) in an of concern regional ecosystem; or 23 (iii) for the purpose of planting a high risk species, or 24 trees to make woodchips for export; and 25 (c) the vegetation management Minister is satisfied the 26 proposed clearing for the development-- 27 (i) is of a minor nature; and 28

 


 

s 19 13 s 19 Cape York Peninsula Heritage Bill 2007 Example of clearing of a minor nature-- 1 clearing a small area for subsistence farming 2 (ii) will not have a significant impact on the natural 3 values of the area. 4 (2) In considering the matters mentioned in subsection (1)(c), the 5 vegetation management Minister must have regard to any 6 existing authorities, however called, for clearing vegetation on 7 the land the subject of the vegetation clearing application. 8 19 Development in indigenous community use area 9 The vegetation management Minister also may be satisfied 10 that development applied for under a vegetation clearing 11 application is for a special indigenous purpose if-- 12 (a) the application is for proposed development in an 13 indigenous community use area; and 14 (b) the application is accompanied by a plan (the property 15 development plan) for the proposed development that 16 includes all of the following information-- 17 (i) the extent and location of the proposed clearing for 18 the development; 19 (ii) particulars of the development, including when it is 20 expected to be completed; 21 (iii) evidence that there is no suitable alternative site for 22 the development; 23 (iv) evidence that the development can not be carried 24 out without the proposed clearing; 25 (v) details about how adverse impacts of the proposed 26 clearing will be minimised or mitigated; 27 (vi) details about how vegetation will be rehabilitated 28 on the land the subject of the application if the 29 development does not happen or ends; 30 (vii) the nature and extent of any other thing proposed 31 to be done in addition to the development that 32 would result in a beneficial impact on the natural 33 values of the indigenous community use area; 34

 


 

s 19 14 s 19 Cape York Peninsula Heritage Bill 2007 (viii) details of a business plan, for activities related to 1 the development, showing information about the 2 viability of the activities; and 3 (c) the application does not involve the clearing of native 4 vegetation-- 5 (i) in an endangered regional ecosystem; or 6 (ii) in an of concern regional ecosystem; or 7 (iii) for the purpose of planting a high risk species, or 8 trees to make woodchips for export; and 9 (d) the vegetation management Minister is satisfied that, 10 having regard to the property development plan-- 11 (i) the development is for agricultural, animal 12 husbandry, aquacultural or grazing activities; and 13 (ii) the development is likely to be economically 14 viable; and 15 (iii) the proposed clearing for the development is 16 limited to the extent necessary to carry out the 17 development; and 18 (iv) there is no suitable alternative site for the 19 development, on the land the subject of the 20 vegetation clearing application, that is reasonably 21 available and would not require the clearing of 22 native vegetation; and 23 (v) vegetation will be rehabilitated on the land the 24 subject of the application if the development does 25 not happen or ends. 26

 


 

s 20 15 s 21 Cape York Peninsula Heritage Bill 2007 Part 5 Committees 1 Division 1 Cape York Peninsula Regional 2 Advisory Committee 3 20 Establishment and functions 4 The environment Minister and the vegetation management 5 Minister must establish a committee (the Cape York 6 Peninsula Regional Advisory Committee) to advise the 7 Ministers about-- 8 (a) matters relating to the declaration of-- 9 (i) areas of international conservation significance; 10 and 11 (ii) indigenous community use areas; and 12 (b) other matters the Ministers consider appropriate having 13 regard to the objects of this Act, including, for example, 14 land management. 15 21 Membership 16 (1) Subject to subsections (2) to (4), the environment Minister 17 and the vegetation management Minister may decide the 18 membership of the regional advisory committee. 19 (2) The vegetation management Minister is to appoint the 20 chairperson of the regional advisory committee. 21 (3) At least half the members of the regional advisory committee 22 must be representatives of the indigenous people of the Cape 23 York Peninsula Region. 24 (4) The regional advisory committee must include at least-- 25 (a) 2 persons the Ministers consider represent conservation 26 interests; and 27 (b) 2 persons the Ministers consider represent the interests 28 of persons engaged in grazing activities in the Cape 29 York Peninsula Region; and 30

 


 

s 22 16 s 23 Cape York Peninsula Heritage Bill 2007 (c) 1 person the Ministers consider represents the interests 1 of persons engaged in tourism activities in the region; 2 and 3 (d) 1 person the Ministers consider represents the interests 4 of persons engaged in mining activities in the region; 5 and 6 (e) 1 person the Ministers consider represents the interests 7 of local governments in the region. 8 Division 2 Cape York Peninsula Region 9 Scientific and Cultural Advisory 10 Committee 11 22 Establishment and functions 12 The environment Minister and the vegetation management 13 Minister must establish a committee (the Cape York 14 Peninsula Region Scientific and Cultural Advisory 15 Committee) to advise the Ministers about-- 16 (a) matters relating to the natural and cultural values of land 17 proposed to be-- 18 (i) an area of international conservation significance; 19 or 20 (ii) an indigenous community use area; and 21 (b) other matters the Ministers consider appropriate having 22 regard to the objects of this Act. 23 23 Membership 24 (1) Subject to subsection (2), the environment Minister and the 25 vegetation management Minister may decide the membership 26 of the scientific and cultural advisory committee. 27 (2) The scientific and cultural advisory committee must include at 28 least-- 29 (a) 1 person the Ministers consider has relevant experience 30 or expertise in matters relating to the environment; and 31

 


 

s 24 17 s 24 Cape York Peninsula Heritage Bill 2007 (b) 1 person the Ministers consider has relevant experience 1 or expertise in matters relating to cultural heritage; and 2 (c) 1 person the Ministers consider has relevant experience 3 or expertise in matters relating to the economy. 4 Part 6 Miscellaneous 5 24 Special provision about particular scientific purposes 6 permit 7 (1) This section applies to a scientific purposes permit that-- 8 (a) is for the taking, keeping or using of estuarine crocodile 9 eggs; and 10 (b) is granted to the Edward River Crocodile Farm Pty 11 Limited ACN 008 502 270 (the relevant entity), or 12 another person associated with the relevant entity, for 13 the conduct of a research project relating to assessing 14 the ecological sustainability of the wild harvest of 15 estuarine crocodile eggs in the Cape York Peninsula 16 Region. 17 (2) The holder of the scientific purposes permit may sell or give 18 away, for a commercial purpose, any progeny derived from 19 the estuarine crocodile eggs. 20 (3) The scientific purposes permit may be granted under the 21 Nature Conservation Act 1992 even though the holder of the 22 permit can act as mentioned in subsection (2). 23 (4) Subsections (2) and (3) apply despite the Nature Conservation 24 Act 1992, including anything in the Nature Conservation 25 (Wildlife Management) Regulation 2006, imposing 26 restrictions on-- 27 (a) the use of the progeny; or 28 (b) the grant of a scientific purposes permit. 29 (5) In this section-- 30

 


 

s 25 18 s 26 Cape York Peninsula Heritage Bill 2007 scientific purposes permit means a scientific purposes permit 1 under the Nature Conservation Act 1992. 2 (6) This section expires on 30 June 2015. 3 25 Special provision about pastoral leases 4 (1) This section applies if a pastoral lease for land in the Cape 5 York Peninsula Region is proposed to be surrendered under 6 the Land Act 1994. 7 (2) The Minister administering the Land Act 1994 must, before 8 the pastoral lease is surrendered-- 9 (a) consider the affect the surrender of the lease may have 10 on the pastoral industry in the Cape York Peninsula 11 Region; and 12 (b) consider any regional and local planning strategies and 13 policies relevant to the Cape York Peninsula Region; 14 and 15 (c) consult with the Minister administering the Stock Act 16 1915 about the proposed surrender. 17 (3) This section does not limit any provision of the Land Act 1994 18 about the surrender of a lease under that Act. 19 (4) In this section-- 20 pastoral lease means a term lease for pastoral purposes under 21 the Land Act 1994. 22 26 Special provision about particular declaration under the 23 Vegetation Management Act 1999 24 (1) Despite the Vegetation Management Act 1999, section 25 17(1)(a), the Governor in Council may declare relevant land to 26 be an area of high nature conservation value under that section 27 only if the landholder for the land has asked the vegetation 28 management Minister, in writing, for the declaration to be 29 made. 30 (2) In this section-- 31 relevant land means-- 32 (a) Aboriginal land; or 33

 


 

s 27 19 s 28 Cape York Peninsula Heritage Bill 2007 (b) Aurukun Shire lease land; or 1 (c) DOGIT land. 2 27 Special provision about water reserve 3 (1) This section applies to a wild river declaration or a water 4 resource plan made-- 5 (a) in relation to an area in the Cape York Peninsula Region; 6 and 7 (b) after the commencement of the section. 8 (2) The wild river declaration or water resource plan must provide 9 for a reserve of water in the area to which the declaration or 10 plan relates for the purpose of helping indigenous 11 communities in the area achieve their economic and social 12 aspirations. 13 (3) In deciding the reserve for a wild river declaration, the 14 Minister administering the Wild Rivers Act 2005 must 15 consider the purposes of that Act. 16 (4) In deciding the reserve for a water resource plan, the Minister 17 administering the Water Act 2000 must consider the purposes 18 of chapter 2 of that Act. 19 (5) In this section-- 20 water resource plan means a water resource plan under the 21 Water Act 2000. 22 wild river declaration means a wild river declaration under 23 the Wild Rivers Act 2005. 24 28 Delegation by Minister 25 (1) A Minister may delegate the Minister's powers under this Act 26 to an appropriately qualified public service officer or 27 employee. 28 (2) In this section-- 29 appropriately qualified, for a person to whom a power under 30 this Act may be delegated, includes having the qualifications, 31 experience or standing appropriate to exercise the power. 32

 


 

s 29 20 s 31 Cape York Peninsula Heritage Bill 2007 Example of standing-- 1 a person's classification level in the public service 2 29 Regulation-making power 3 The Governor in Council may make regulations under this 4 Act. 5 Part 7 Amendment of Acts 6 Division 1 Aboriginal Land Act 1991 7 30 Act amended in div 1 8 This division amends the Aboriginal Land Act 1991. 9 31 Amendment of s 3 (Definitions) 10 (1) Section 3, definition land trust-- 11 omit. 12 (2) Section 3-- 13 insert-- 14 `Cape York Peninsula Region means the Cape York 15 Peninsula Region under the Cape York Peninsula Heritage Act 16 2007. 17 environment Minister means the Minister administering the 18 Nature Conservation Act 1992. 19 indigenous management agreement, about the management 20 of land, means an agreement complying with the requirements 21 of section 83G in relation to the land. 22 land trust means-- 23 (a) an entity formed through the incorporation, under a 24 regulation, of the grantees of Aboriginal land; or 25

 


 

s 32 21 s 34 Cape York Peninsula Heritage Bill 2007 (b) a land trust established under section 83A. 1 national park (Cape York Peninsula Aboriginal land) means 2 an area dedicated under the Nature Conservation Act 1992 as 3 a national park (Cape York Peninsula Aboriginal land).'. 4 32 Amendment of s 12 (Lands that are transferrable lands) 5 Section 12-- 6 insert-- 7 `(f) land that is transferable land under section 83K or 83L.'. 8 33 Amendment of s 28 (Minister to appoint trustees) 9 Section 28(6), `division'-- 10 omit, insert-- 11 `part'. 12 34 Amendment of s 39 (Permitted dealings with transferred 13 land) 14 (1) Section 39(2), `subsections (3) and (5)'-- 15 omit, insert-- 16 `subsections (3), (5) and (9)'. 17 (2) Section 39-- 18 insert-- 19 `(7) Subsection (8) applies to transferred land, or part of 20 transferred land, (the relevant land) in the Cape York 21 Peninsula Region. 22 `(8) If the State and the grantees agree the relevant land is to 23 become a national park (Cape York Peninsula Aboriginal 24 land), the grantees of the land must, before it becomes a 25 national park (Cape York Peninsula Aboriginal land), enter 26 into an indigenous management agreement with the State 27 about the management of the land. 28 `(9) The grantees of transferred land that is a national park (Cape 29 York Peninsula Aboriginal land)-- 30

 


 

s 35 22 s 36 Cape York Peninsula Heritage Bill 2007 (a) may surrender all or any part of the land to the State; 1 and 2 (b) subject to the Nature Conservation Act 1992, sections 3 42AD and 42AE, must not transfer, grant or otherwise 4 create, or consent to the creation of, any other interest in 5 the land.'. 6 35 Amendment of s 65 (Minister to appoint trustees) 7 Section 65(4), `division'-- 8 omit, insert-- 9 `part'. 10 36 Amendment of s 76 (Permitted dealings with granted 11 land) 12 (1) Section 76(2), `subsections (3) and (6)'-- 13 omit, insert-- 14 `subsections (3), (6) and (10)'. 15 (2) Section 76-- 16 insert-- 17 `(8) Subsection (9) applies to granted land, or a part of granted 18 land, (the relevant land) in the Cape York Peninsula Region. 19 `(9) If the State and the grantees agree the relevant land is to 20 become a national park (Cape York Peninsula Aboriginal 21 land), the grantees of the land must, before it becomes a 22 national park (Cape York Peninsula Aboriginal land), enter 23 into an indigenous management agreement with the State 24 about the management of the land. 25 `(10) The grantees of granted land that is a national park (Cape 26 York Peninsula Aboriginal land)-- 27 (a) may surrender all or any part of the land to the State; 28 and 29 (b) subject to the Nature Conservation Act 1992, sections 30 42AD and 42AE, must not transfer, grant or otherwise 31

 


 

s 37 23 s 38 Cape York Peninsula Heritage Bill 2007 create, or consent to the creation of, any other interest in 1 the land.'. 2 37 Amendment of s 83 (National park subject to lease to 3 State etc.) 4 Section 83(11)-- 5 insert-- 6 `national park does not include a national park in the Cape 7 York Peninsula Region.'. 8 38 Insertion of new pts 5A-5C 9 Before part 6-- 10 insert-- 11 `Part 5A Provisions about particular 12 land trusts 13 `83A Minister may establish land trust before grant of land 14 `(1) The Minister may, before land in the Cape York Peninsula 15 Region is granted under this Act, establish by gazette notice a 16 land trust for the land. 17 `(2) The notice must include the following-- 18 (a) the name of the land trust; 19 (b) the names of the members of the land trust; 20 (c) an address for service of documents on the land trust; 21 (d) a lot on plan description of the land proposed to be 22 granted. 23 `(3) On the day the notice is gazetted-- 24 (a) the land trust is established and the persons mentioned 25 in subsection (2)(b) are appointed as the members of the 26 land trust; and 27 (b) the members of the land trust are incorporated as the 28 land trust, as provided for under the Aboriginal Land 29

 


 

s 38 24 s 38 Cape York Peninsula Heritage Bill 2007 Regulation 1991, as if the members had been granted the 1 land. 2 `(4) Before establishing a land trust under this section, the 3 Minister must-- 4 (a) if the land is transferrable land--consult with the 5 Aboriginal people particularly concerned with the land; 6 and 7 (b) if the land is claimable land--consult with the group of 8 Aboriginal people particularly concerned with the land; 9 and 10 (c) be satisfied a substantial majority of the Aboriginal 11 people consulted support the establishment of the land 12 trust. 13 `(5) In establishing a land trust under this section for transferrable 14 land, the Minister must, as far as practicable, act in a way that 15 is consistent with Aboriginal tradition relevant to the land. 16 `(6) In establishing a land trust under this section for claimable 17 land, the Minister must, unless satisfied that exceptional 18 circumstances exist that require the Minister to do otherwise, 19 act in a way that is consistent with-- 20 (a) Aboriginal tradition relevant to the land; and 21 (b) the views of the group of Aboriginal people concerned 22 with the land, so far as the views are not inconsistent 23 with Aboriginal tradition relevant to the land. 24 `83B Purpose of establishing land trust 25 `The purpose of establishing a land trust under section 83A is 26 to provide for a legal entity to enter into an indigenous 27 management agreement with the State about the management 28 of particular land before it is granted under this Act. 29 `83C Application of particular provisions 30 `(1) A provision of this Act, other than this part, providing for 31 matters about the functions or powers of a land trust, or the 32 trustees of the trust, does not apply in relation to a land trust 33

 


 

s 38 25 s 38 Cape York Peninsula Heritage Bill 2007 established under section 83A for particular land until the 1 members of the land trust hold the land as grantees. 2 `(2) If land is granted under this Act to grantees who are the 3 members of a land trust established and incorporated under 4 section 83A, a provision of this Act about the incorporation of 5 the grantees as a land trust on the grant of the land does not 6 apply in relation to the grantees. 7 `83D Notice about land trust 8 `(1) This section applies if land is granted under this Act to 9 grantees who are the members of a land trust established 10 under section 83A. 11 `(2) As soon as practicable after the land is granted, the Minister 12 must, by gazette notice, give notice of-- 13 (a) the name of the land trust; and 14 (b) an address for service of documents on the land trust; 15 and 16 (c) a lot on plan description of the land. 17 `83E Land trust to enter into indigenous management 18 agreement 19 `(1) This section applies if-- 20 (a) a land trust has been established under section 83A for 21 land in the Cape York Peninsula Region; and 22 (b) the land is proposed to be granted under this Act; and 23 (c) the State and the land trust agree that the land, or part of 24 the land, is to become a national park (Cape York 25 Peninsula Aboriginal land). 26 `(2) Before the land is granted, the land trust must enter into an 27 indigenous management agreement with the State about the 28 proposed management of the land, or the part of the land, that 29 is to become a national park (Cape York Peninsula Aboriginal 30 land). 31

 


 

s 38 26 s 38 Cape York Peninsula Heritage Bill 2007 `83F Dissolution of land trust 1 `(1) This section applies if, within 2 years after a land trust is 2 established under section 83A in relation to particular land, or 3 a further period approved by the Minister, the land trust has 4 not entered into an indigenous management agreement with 5 the State about the management of the land. 6 `(2) The Minister may, by gazette notice, dissolve the land trust. 7 `(3) The land trust is dissolved, and the trust created under section 8 83A is revoked, on the day the notice is gazetted. 9 `Part 5B Indigenous management 10 agreements and national parks 11 in Cape York Peninsula Region 12 `Division 1 Indigenous management 13 agreements 14 `83G Requirements for indigenous management 15 agreement 16 `(1) An indigenous management agreement about the management 17 of land must-- 18 (a) include a lot on plan description of the land; and 19 (b) state the land will be managed as a national park (Cape 20 York Peninsula Aboriginal land) in perpetuity; and 21 (c) state how the land is proposed to be managed; and 22 (d) include details of any interim arrangements for its 23 management before the approval of a management plan 24 for the land; and 25 (e) state the responsibilities of the environment Minister, 26 and the chief executive under the Nature Conservation 27 Act 1992, in relation to the management of the land; and 28

 


 

s 38 27 s 38 Cape York Peninsula Heritage Bill 2007 (f) state the responsibilities of the grantees of the land in 1 relation to its management; and 2 (g) include details of the process for developing a 3 management plan for the land; and 4 (h) include details of areas of the land to which general 5 public access may be restricted; and 6 (i) include information about the management of any 7 infrastructure on the land; and 8 (j) state how existing interests in the land will be managed 9 and how future interests in the land will be created and 10 managed. 11 `(2) An indigenous management agreement about the management 12 of land that is a national park that is to become a national park 13 (Cape York Peninsula Aboriginal land) must not result in a 14 decrease, in the aggregate, in the public rights of access that 15 existed in relation to the national park immediately before it 16 becomes a national park (Cape York Peninsula Aboriginal 17 land). 18 `(3) An indigenous management agreement about the management 19 of land may include other matters relevant to the management 20 of the land that the land trust and the environment Minister 21 consider appropriate. 22 `(4) In this section-- 23 management plan means a management plan under the 24 Nature Conservation Act 1992. 25 `83H Amending indigenous management agreement 26 `An indigenous management agreement about the 27 management of land may be amended with the agreement of 28 the land trust for the land and the environment Minister. 29 `83I Recording of indigenous management agreement 30 `(1) The chief executive must give the registrar of titles written 31 notice of each indigenous management agreement entered 32 into under this Act. 33

 


 

s 38 28 s 38 Cape York Peninsula Heritage Bill 2007 `(2) The chief executive must give the notice-- 1 (a) if the land the subject of the agreement becomes 2 Aboriginal land after the agreement is entered into--as 3 soon as practicable after the land becomes Aboriginal 4 land; or 5 (b) if the land the subject of the agreement is Aboriginal 6 land when the agreement is entered into--as soon as 7 practicable after the agreement is entered into. 8 `(3) The notice must include particulars of the land. 9 `(4) The registrar must keep records that show the land is the 10 subject of an indigenous management agreement. 11 `(5) The registrar must keep the records in a way that a search of 12 the register kept by the registrar under any Act relating to title 13 to the land will show the existence of the agreement. 14 `(6) While the indigenous management agreement has effect for 15 the land, and is recorded by the registrar under this section, 16 the agreement is binding on-- 17 (a) each person or entity who is from time to time a grantee 18 of the land or the land trust for the land, whether or not 19 the person or entity entered into the agreement or agreed 20 to any amendment of the agreement; and 21 (b) each person who has an interest in the land. 22 `Division 2 National parks in Cape York 23 Peninsula Region 24 `83J Requirements about grant of national parks in Cape 25 York Peninsula Region 26 `(1) This section applies to the following land if the land is, or 27 includes part of, a national park in the Cape York Peninsula 28 Region (the national park land)-- 29 (a) transferable land; 30 (b) land for which the Land Tribunal has, under section 60, 31 made a recommendation to the Minister before the 32 commencement of this section. 33

 


 

s 38 29 s 38 Cape York Peninsula Heritage Bill 2007 `(2) A grant of the national park land under this Act is subject to 1 the following conditions-- 2 (a) the national park land must become a national park 3 (Cape York Peninsula Aboriginal land); and 4 (b) the land trust for the land must enter into an indigenous 5 management agreement with the State about the 6 management of the national park land. 7 `83K Particular national parks taken to be transferable 8 land 9 `(1) This section applies to the following national parks in the 10 Cape York Peninsula Region-- 11 (a) Jack River National Park; 12 (b) Annan River (YuKu Baja-Muliku) National Park; 13 (c) Melsonby (Gaarraay) National Park. 14 `(2) The national parks are transferable land for the purposes of 15 this Act. 16 `Part 5C Provision about particular 17 claimable land 18 `83L Particular claimable land taken to be transferable 19 land 20 `(1) This section applies to claimable land that is in the Cape York 21 Peninsula Region, other than-- 22 (a) claimable land that is transferred land; or 23 (b) claimable land for which the Land Tribunal has, under 24 section 60, made a recommendation to the Minister 25 before the commencement of this section. 26 `(2) On the commencement of this section-- 27 (a) the land is transferable land for the purposes of this Act; 28 and 29

 


 

s 39 30 s 40 Cape York Peninsula Heritage Bill 2007 (b) the land stops being claimable land; and 1 (c) any proceeding before the Land Tribunal in relation to a 2 claim for the land ends; and 3 (d) part 4, and part 5, division 1, stop applying to the claim 4 for the land. 5 `(3) Subsection (2) applies despite any other provision of this 6 Act.'. 7 Division 2 Land and Other Legislation 8 Amendment Act 2007 9 39 Act amended in div 2 10 This division amends the Land and Other Legislation 11 Amendment Act 2007. 12 40 Amendment of s 67 (Amendment of s 155 (Length of term 13 leases) of Act No. 19 of 2007) 14 Section 67(2), inserted section 155(5) and (6)-- 15 omit, insert-- 16 `(5) Also, a term lease for rural leasehold land may be issued for a 17 term of no more than 50 years if-- 18 (a) the Minister considers the lease land is in good 19 condition; and 20 (b) if the Minister considers land (the relevant land) that is 21 all or part of the lease land should be the subject of a 22 conservation agreement or conservation covenant--a 23 conservation agreement has been entered into, or a 24 conservation covenant exists, for the relevant land; and 25 (c) if the Minister considers that it is appropriate for there to 26 be an indigenous access and use agreement relating to 27 the lease land--an indigenous access and use agreement 28 relating to the land has been entered into. 29 `(6) In addition, a term lease for rural leasehold land that is in an 30 area of international conservation significance under the Cape 31

 


 

s 41 31 s 43 Cape York Peninsula Heritage Bill 2007 York Peninsula Heritage Act 2007 may be issued for a term of 1 no more than 75 years if-- 2 (a) the Minister considers that the lease land is in good 3 condition; and 4 (b) an indigenous land use agreement relating to the land 5 has been entered into; and 6 (c) if the Minister considers land (the relevant land) that is 7 all or part of the lease land should be the subject of a 8 conservation agreement or conservation covenant--a 9 conservation agreement has been entered into, or a 10 conservation covenant exists, for the relevant land. 11 `(7) This section is subject to sections 155A and 155B.'.'. 12 41 Amendment of s 203 (Amendment of sch 6 (Dictionary) of 13 Act No. 19 of 2007) 14 (1) Section 203(2), inserted definition rural leasehold land, 15 paragraph (d)(v) to (viii)-- 16 renumber as paragraph (d)(vi) to (ix). 17 (2) Section 203(2), inserted definition rural leasehold land, 18 paragraph (d)-- 19 insert-- 20 `(v) a national park (Cape York Peninsula Aboriginal 21 land);'. 22 Division 3 Nature Conservation Act 1992 23 42 Act amended in div 3 24 This division amends the Nature Conservation Act 1992. 25 43 Amendment of s 14 (Classes of protected areas to which 26 Act applies) 27 Section 14-- 28 insert-- 29

 


 

s 44 32 s 46 Cape York Peninsula Heritage Bill 2007 `(da) national parks (Cape York Peninsula Aboriginal land); 1 and'. 2 44 Amendment of s 15 (Management of protected areas) 3 (1) Section 15(1)(b)(ii) and (iii)-- 4 renumber as section 15(1)(b)(iii) and (iv). 5 (2) Section 15(1)(b)-- 6 insert-- 7 `(ii) a national park (Cape York Peninsula Aboriginal 8 land)--any indigenous land use agreement for the 9 area and the indigenous management agreement 10 for the area; or'. 11 45 Insertion of new s 19AA 12 After section 19-- 13 insert-- 14 `19AA Management principles of national parks (Cape York 15 Peninsula Aboriginal land) 16 `(1) A national park (Cape York Peninsula Aboriginal land) is to 17 be managed as a national park. 18 `(2) Subject to subsection (1), a national park (Cape York 19 Peninsula Aboriginal land) is to be managed, as far as 20 practicable, in a way that is consistent with any Aboriginal 21 tradition applicable to the area, including any tradition 22 relating to activities in the area.'. 23 46 Amendment of s 27 (Prohibition on mining) 24 Section 27(1)-- 25 insert-- 26 `(da) a national park (Cape York Peninsula Aboriginal land); 27 or'. 28

 


 

s 47 33 s 49 Cape York Peninsula Heritage Bill 2007 47 Insertion of new pt 4, div 3, sdiv 1 hdg 1 Part 4, division 3, before section 40-- 2 insert-- 3 `Subdivision 1 National parks (Aboriginal land) and 4 national parks (Torres Strait 5 Islander land)'. 6 48 Amendment of s 40 (Dedication of national park as 7 national park (Aboriginal land) or national park (Torres 8 Strait Islander land)) 9 Section 40(1), from `that'-- 10 omit, insert-- 11 `that-- 12 (a) is not in the Cape York Peninsula Region; and 13 (b) becomes Aboriginal land or Torres Strait Islander land.'. 14 49 Insertion of new pt 4, div 3, sdiv 2 15 After section 42-- 16 insert-- 17 `Subdivision 2 National parks (Cape York 18 Peninsula Aboriginal land) 19 `42AA Dedication of national park as national park (Cape 20 York Peninsula Aboriginal land) 21 `(1) This section applies to a national park, or part of a national 22 park, (the national park land) if-- 23 (a) the national park land is in the Cape York Peninsula 24 Region and becomes Aboriginal land; and 25 (b) the Minister is satisfied the Aboriginal land is to be 26 managed under an indigenous management agreement. 27 `(2) On the land becoming Aboriginal land, the Minister must 28 recommend to the Governor in Council the making of a 29

 


 

s 49 34 s 49 Cape York Peninsula Heritage Bill 2007 regulation dedicating the land as a national park (Cape York 1 Peninsula Aboriginal land). 2 `42AB Dedication of Aboriginal land as national park (Cape 3 York Peninsula Aboriginal land) 4 `(1) This section applies to Aboriginal land that is not a national 5 park or included in a national park if-- 6 (a) the grantees of the land have entered into an indigenous 7 management agreement for the land; and 8 (b) the Minister and the grantees agree that the land is to be 9 managed as a national park (Cape York Peninsula 10 Aboriginal land). 11 `(2) The Minister must recommend to the Governor in Council the 12 making of a regulation dedicating the land as a national park 13 (Cape York Peninsula Aboriginal land). 14 `(3) The regulation may define the extent of the area by reference 15 to-- 16 (a) a stated depth below the surface of the land; or 17 (b) a stated height above the surface of the land. 18 `42AC Dedication of other land as national park (Cape York 19 Peninsula Aboriginal land) 20 `(1) This section applies to land, other than land to which section 21 42AB applies, that is not a national park or included in a 22 national park if-- 23 (a) under the Aboriginal Land Act 1991, part 5A-- 24 (i) a land trust has been established for the purpose of 25 entering into an indigenous management 26 agreement for the land; and 27 (ii) the land trust has entered into an indigenous 28 management agreement; and 29 (b) the Minister and the land trust agree that the land is to be 30 managed as a national park (Cape York Peninsula 31 Aboriginal land). 32 `(2) If the land becomes Aboriginal land-- 33

 


 

s 49 35 s 49 Cape York Peninsula Heritage Bill 2007 (a) the grant of the land as Aboriginal land is subject to a 1 condition that the land must become a national park 2 (Cape York Peninsula Aboriginal land); and 3 (b) the Minister must recommend to the Governor in 4 Council the making of a regulation dedicating the land 5 as a national park (Cape York Peninsula Aboriginal 6 land). 7 `(3) The regulation may define the extent of the area by reference 8 to-- 9 (a) a stated depth below the surface of the land; or 10 (b) a stated height above the surface of the land. 11 `42AD Leases etc. over national park (Cape York Peninsula 12 Aboriginal land) 13 `(1) A lease, agreement, licence, permit or other authority over, or 14 in relation to, land in a national park (Cape York Peninsula 15 Aboriginal land), other than an agreement or a licence, permit 16 or other authority issued or given under a regulation, may be 17 granted, made, issued or given only-- 18 (a) by the chief executive with the consent of the land trust 19 for the land; or 20 (b) by the land trust for the land with the consent of the 21 chief executive. 22 `(2) A lease, agreement, licence, permit or other authority 23 mentioned in subsection (1) must be consistent with-- 24 (a) the management principles and management plan for 25 the national park (Cape York Peninsula Aboriginal 26 land); and 27 (b) any indigenous land use agreement for the land; and 28 (c) the indigenous management agreement for the land. 29 `42AE Particular powers about permitted uses in national 30 park (Cape York Peninsula Aboriginal land) 31 `(1) The chief executive and the land trust for land in a national 32 park (Cape York Peninsula Aboriginal land), may grant, 33

 


 

s 50 36 s 50 Cape York Peninsula Heritage Bill 2007 make, issue or give a lease, agreement, licence, permit or 1 other authority over, or in relation to, the land if-- 2 (a) the use under the authority is only for a service facility; 3 and 4 (b) the cardinal principle for the management of national 5 parks will be observed to the greatest extent possible; 6 and 7 (c) the chief executive and the land trust are satisfied-- 8 (i) the use will be in the public interest; and 9 (ii) the use is ecologically sustainable; and 10 (iii) there is no reasonably practicable alternative to the 11 use; and 12 (d) the use under the authority is prescribed under a 13 regulation made for this section to be a permitted use for 14 the protected area. 15 `(2) Subsection (1) has effect despite sections 15 and 42AD(2).'. 16 50 Amendment of s 111 (Management plans) 17 (1) Section 111(1)(a)(iii) to (v)-- 18 renumber as section 111(1)(a)(iv) to (vi). 19 (2) Section 111(1)(a)-- 20 insert-- 21 `(iii) a national park (Cape York Peninsula Aboriginal 22 land); or'. 23 (3) Section 111-- 24 insert-- 25 `(8) A management plan for a national park (Cape York Peninsula 26 Aboriginal land) must-- 27 (a) be prepared jointly with the land trust for the protected 28 area; and 29 (b) be consistent with any indigenous land use agreement, 30 and the indigenous management agreement, for the 31 protected area.'. 32

 


 

s 51 37 s 52 Cape York Peninsula Heritage Bill 2007 51 Amendment of s 120 (Implementation of approved plan) 1 Section 120(1)-- 2 omit, insert-- 3 `(1) On approval of a management plan for a protected area, the 4 following persons must give effect to the plan-- 5 (a) if the area is a national park (Aboriginal land) or 6 national park (Torres Strait Islander land)--the board of 7 management for the area; 8 (b) if the area is a national park (Cape York Peninsula 9 Aboriginal land)--the land trust for the area and the 10 chief executive; 11 (c) if the area is under the control of trustees appointed 12 under section 31--the trustees; 13 (d) if paragraphs (a), (b) and (c) do not apply--the chief 14 executive.'. 15 52 Insertion of new s 132A 16 After section 132-- 17 insert-- 18 `132A Committees for protected areas in Cape York 19 Peninsula Region 20 `(1) The Minister may establish committees to advise the Minister 21 about matters relating to particular protected areas in the Cape 22 York Peninsula Region, including, for example, matters about 23 the preparation of management plans, and matters about 24 implementing the plans, for the areas. 25 `(2) Also, the Minister must establish a committee of indigenous 26 people who have an interest in a protected area in the Cape 27 York Peninsula Region (the Regional Protected Area 28 Management Committee) to advise the Minister about 29 matters relating to protected areas in the region, including, for 30 example, matters about-- 31 (a) employment opportunities for indigenous people in the 32 areas; and 33 (b) the management plans for the areas; and 34

 


 

s 53 38 s 55 Cape York Peninsula Heritage Bill 2007 (c) the provision of resources for the management of the 1 areas. 2 `(3) Each committee established under subsection (1) must consist 3 of representatives of indigenous people the Minister is 4 satisfied have an interest in the protected areas for which the 5 committee is established. 6 `(4) The Regional Protected Area Management Committee may 7 consist of representatives of-- 8 (a) the committees established under subsection (1); or 9 (b) indigenous regional organisations in the Cape York 10 Peninsula Region. 11 `(5) In this section-- 12 Cape York Peninsula Region means the Cape York Peninsula 13 Region under the Cape York Peninsula Heritage Act 2007.'. 14 53 Amendment of s 133 (Chief executive to keep register) 15 Section 133(1)(a), `sections 34 to 37'-- 16 omit, insert-- 17 `sections 34 to 37, or section 42AD or 42AE'. 18 54 Amendment of s 141 (Delegation by chief executive) 19 Section 141(2)-- 20 insert-- 21 ` section 42AD 22 section 42AE'. 23 55 Amendment of schedule (Dictionary) 24 Schedule-- 25 insert-- 26 `indigenous land use agreement means an indigenous land 27 use agreement registered on the Register of Indigenous Land 28 Use Agreements under the Native Title Act 1993 (Cwlth). 29

 


 

s 56 39 s 57 Cape York Peninsula Heritage Bill 2007 indigenous management agreement, in relation to land, 1 means an indigenous management agreement under the 2 Aboriginal Land Act 1991 about the management of the land. 3 land trust, for a protected area or land, means a land trust 4 under the Aboriginal Land Act 1991 for the protected area or 5 land.'. 6 Division 4 Vegetation Management Act 1999 7 56 Act amended in div 4 8 This division amends the Vegetation Management Act 1999. 9 57 Insertion of new pt 2, div 4A 10 After section 19M-- 11 insert-- 12 `Division 4A Code for clearing vegetation for 13 special indigenous purpose 14 `19N Code for clearing vegetation for special indigenous 15 purpose 16 `(1) The Minister may prepare a code for the clearing of 17 vegetation for development that the Minister is satisfied, 18 under the CYPH Act, is for a special indigenous purpose (the 19 special clearing code). 20 `(2) Before preparing the code, the Minister must consult with-- 21 (a) the relevant landholders; and 22 (b) the Cape York Peninsula Regional Advisory Committee. 23 `(3) The Minister may amend the code with the agreement of-- 24 (a) the relevant landholders; and 25 (b) the Cape York Peninsula Regional Advisory Committee. 26 `(4) However, the Minister may amend the code without 27 subsection (3) applying if-- 28

 


 

s 58 40 s 58 Cape York Peninsula Heritage Bill 2007 (a) the amendment is only to correct a minor error in the 1 code, or to make another change that is not a change of 2 substance; or 3 (b) the code states that an amendment of a stated type may 4 be made to the code by amendment under this 5 subsection and the amendment is of the stated type. 6 `(5) If there is no code under this section for the clearing of 7 vegetation for development mentioned in subsection (1), the 8 code for clearing of vegetation for the development is-- 9 (a) if there is a declared area code for the clearing--the 10 declared area code; or 11 (b) otherwise--the regional vegetation management code 12 for the region of the State that includes the Cape York 13 Peninsula Region. 14 `(6) In this section-- 15 Cape York Peninsula Region means the Cape York Peninsula 16 Region under the CYPH Act. 17 Cape York Peninsula Regional Advisory Committee means 18 the Cape York Peninsula Regional Advisory Committee 19 established under the CYPH Act. 20 DOGIT land means DOGIT land under the Aboriginal Land 21 Act 1991. 22 relevant landholders means each of the following-- 23 (a) the land trusts for Aboriginal land, under the Aboriginal 24 Land Act 1991, that is in the Cape York Peninsula 25 Region; 26 (b) the Aurukun Shire Council; 27 (c) the trustees, under the Land Act 1994, of DOGIT land in 28 the Cape York Peninsula Region.'. 29 58 Amendment of s 20 (IDAS codes for the clearing of 30 vegetation) 31 (1) Section 20(3)-- 32 renumber as section 20(4). 33 (2) Section 20-- 34

 


 

s 59 41 s 60 Cape York Peninsula Heritage Bill 2007 insert-- 1 `(3) The special clearing code is-- 2 (a) a code for IDAS for a vegetation clearing application for 3 development that the Minister is satisfied, under the 4 CYPH Act, is for a special indigenous purpose; and 5 (b) an applicable code for the clearing of vegetation for the 6 development.'. 7 (2) Section 20-- 8 insert-- 9 `(5) To the extent that the special clearing code is inconsistent with 10 a declared area code in relation to particular clearing, the 11 declared area code prevails. 12 `(6) To the extent that the special clearing code is inconsistent with 13 a regional vegetation management code in relation to 14 particular clearing, the special clearing code prevails.'. 15 59 Amendment of s 20B (When chief executive may make 16 property map of assessable vegetation) 17 Section 20B(a)-- 18 insert-- 19 `(vi) development that the Minister is satisfied, under 20 the CYPH Act, is for a special indigenous purpose; 21 or'. 22 60 Amendment of s 22A (Particular vegetation clearing 23 applications may be assessed) 24 Section 22A, after subsection (2)-- 25 insert-- 26 `(2AA) Also, a vegetation clearing application is for a relevant 27 purpose under this section if, under the CYPH Act, the 28 Minister is satisfied the development applied for is for a 29 special indigenous purpose.'. 30

 


 

s 61 42 s 64 Cape York Peninsula Heritage Bill 2007 61 Amendment of schedule (Dictionary) 1 Schedule-- 2 insert-- 3 `CYPH Act means the Cape York Pensinsula Heritage Act 4 2007. 5 indigenous community use area see the CYPH Act, schedule. 6 special clearing code see section 19N(1).'. 7 Division 5 Wild Rivers Act 2005 8 62 Act amended in div 5 9 This division amends the Wild Rivers Act 2005. 10 63 Amendment of s 44 (Relationship with other Acts) 11 Section 44-- 12 insert-- 13 `(2) However, a wild rivers declaration or a wild rivers code, in 14 applying for the purposes of any of those other Acts, can not 15 have the direct or indirect affect under the other Act of 16 limiting a person's right to the exercise or enjoyment of native 17 title. 18 `(3) This section does not limit the Acts Interpretation Act 1954, 19 section 13A in relation to any Act.'. 20 64 Amendment of s 46 (Meaning of Aurukun project) 21 Section 46(1), `under this Act'-- 22 omit, insert-- 23 `under the Mineral Resources Regulation 2003, schedule 3, 24 part 188'. 25

 


 

43 Cape York Peninsula Heritage Bill 2007 Schedule Dictionary 1 section 6 2 Aboriginal land means Aboriginal land within the meaning of 3 the Aboriginal Land Act 1991, section 10. 4 agricultural activities means the cultivation of land, 5 including, for example, the following-- 6 (a) farming; 7 (b) crop-raising; 8 (c) forestry. 9 animal husbandry activities means the breeding, keeping or 10 raising of animals, or caring for animals, for commercial 11 purposes, if the animals are kept in a pen, yard, enclosure, 12 pond or other confined area. 13 area of international conservation significance means a part 14 of the Cape York Peninsula Region declared to be an area of 15 international conservation significance under section 9. 16 Aurukun Shire lease land means Aurukun Shire lease land 17 within the meaning of the Aboriginal Land Act 1991, section 18 15. 19 Cape York Peninsula Region see section 7(1). 20 DOGIT land means DOGIT land within the meaning of the 21 Aboriginal Land Act 1991, section 13. 22 endangered regional ecosystem see the Vegetation 23 Management Act 1999, schedule. 24 environment Minister means the Minister administering the 25 Nature Conservation Act 1992. 26 high risk species means-- 27 (a) for land the subject of a vegetation clearing application 28 that is in a wild river area under the Wild Rivers Act 29 2005--see the schedule of that Act; or 30 (b) for other land--a declared pest plant under the Land 31 Protection (Pest and Stock Route Management) Act 32

 


 

44 Cape York Peninsula Heritage Bill 2007 Schedule (continued) 2002, or another plant listed in the special clearing code 1 under the Vegetation Management Act 1999 as a high 2 risk species for that code. 3 indigenous community use area means a part of the Cape 4 York Peninsula Region declared to be an indigenous 5 community use area under section 14. 6 landholder for the land, in parts 3 and 6, means-- 7 (a) for Aboriginal land--the land trust, under the 8 Aboriginal Land Act 1991, for the land; or 9 (b) for Aurukun Shire lease land--the Aurukun Shire 10 Council; or 11 (c) for DOGIT land--the trustee, under the Land Act 1994, 12 of the land. 13 of concern regional ecosystem see the Vegetation 14 Management Act 1999, schedule. 15 regional advisory committee means the Cape York Peninsula 16 Regional Advisory Committee established under section 20. 17 scientific and cultural advisory committee means the Cape 18 York Peninsula Region Scientific and Cultural Advisory 19 Committee established under section 22. 20 vegetation see the Vegetation Management Act 1999, section 21 8. 22 vegetation clearing application means a development 23 application as defined under the Integrated Planning Act 1997 24 that involves assessable development mentioned in that Act, 25 schedule 8, part 1, table 4, item 1A, 1B, 1C, 1D, 1E, 1F or 1G. 26 vegetation management Minister means the Minister 27 administering the Vegetation Management Act 1999. 28 State of Queensland 2007

 


 

AMENDMENTS TO BILL

1 Cape York Peninsula Heritage Bill 2007 Cape York Peninsula Heritage Bill 2007 Amendments agreed to during Consideration 1 Clause 19 (Development in indigenous community use area)-- At page 13, lines 31 to 34-- omit, insert-- `(vii)the nature and extent of any other thing done or proposed to be done in addition to the development that has had, or may have, a beneficial impact on the natural values of the indigenous community use area or land in its vicinity;'. 2 Clause 19 (Development in indigenous community use area)-- At page 14, line 26-- omit, insert-- `not happen or ends; and (vi) any other thing done or proposed to be done, as mentioned in paragraph (b)(vii), is on balance beneficial to the natural values of the indigenous community use area or land in its vicinity; and (vii) the development can not be carried out without the proposed clearing.'. 3 Clause 24 (Special provision about particular scientific purposes permit) At page 17, lines 11 to 17-- omit, insert-- `(b) is granted to the State or to a tertiary institution or other institution administered by the State or Commonwealth for the conduct of research to assess the ecological

 


 

2 Cape York Peninsula Heritage Bill 2007 sustainability of the wild harvest of estuarine crocodile eggs in the study area.'. 4 Clause 24 (Special provision about particular scientific purposes permit) At page 17, lines 24 to 30, and page 18, lines 1 to 3-- omit, insert-- `(4) However, before granting the scientific purposes permit, the chief executive of the department in which the Nature Conservation Act 1992 is administered must be satisfied that-- (a) having regard to the relevant information and other information the chief executive considers appropriate, the granting of the permit will not adversely impact on the ecological sustainability of the estuarine crocodile population in the study area; and (b) the proposed research under the permit will be appropriate to decide whether the harvest of estuarine crocodile eggs in the study area would impede the recovery of the estuarine crocodile population; and (c) the holder of the permit will have an appropriate program for monitoring the impact of the research on the estuarine crocodile population. `(5) The holder of the scientific purposes permit must ensure that any commercial benefit derived from dealing with the crocodile eggs under the permit is used to support the economic development of indigenous communities in the study area. `(6) In this section-- current research findings means information obtained after a period of study of-- (a) if an expert panel considers it appropriate in all the circumstances--1 or more years decided by the panel; or (b) otherwise--at least 2 years.

 


 

3 Cape York Peninsula Heritage Bill 2007 expert panel means a panel of persons, established by the chief executive of the department in which the Nature Conservation Act 1992 is administered, with expertise and experience in research and management of Australian wild estuarine crocodiles. relevant information, in relation to a scientific purposes permit, means the following information given by the expert panel-- (a) current research findings on the distribution, genetics, migration, number, age and size of estuarine crocodiles in the study area; (b) current research findings on the distribution and number of nests, the nesting success and the survival rate to maturity, of estuarine crocodiles in the study area; (c) other information, including, for example, details of nest sites and the maximum number of eggs proposed to be taken in the study area under the permit. scientific purposes permit means a scientific purposes permit under the Nature Conservation Act 1992. study area means the land, in the central western coastal part of the Cape York Peninsula Region, within the following boundary-- from latitude 1330' south, longitude 14115' east to latitude 1330' south, longitude 1426' east to latitude 1542' south, longitude 1426' east to latitude 1542' south, longitude 14115' east to latitude 1330' south, longitude 14115' east. `(7) This section expires on 30 June 2015.'. 5 Clause 34 (Amendment of s 39 (Permitted dealings with transferred land))-- At page 22, lines 3 to 6-- omit, insert-- `(b) must not, other than under the Nature Conservation Act 1992, section 42AD or 42AE, transfer, grant or

 


 

4 Cape York Peninsula Heritage Bill 2007 otherwise create, or consent to the creation of, any other interest in the land. `(10) Subsection (9)(b) applies despite any other Act.'.'. 6 Clause 36 (Amendment of s 76 (Permitted dealings with granted land))-- At page 22, lines 30 and 31, and page 23, lines 1 and 2-- omit, insert-- `(b) must not, other than under the Nature Conservation Act 1992, section 42AD or 42AE, transfer, grant or otherwise create, or consent to the creation of, any other interest in the land. `(11) Subsection (10)(b) applies despite any other Act.'.'. 7 Clause 38 (Insertion of new pts 5A-5C)-- At page 24, line 9, `particularly'-- omit. 8 Clause 38 (Insertion of new pts 5A-5C)-- At page 24, line 16, `relevant'-- omit, insert-- `applicable'. 9 Clause 38 (Insertion of new pts 5A-5C)-- At page 24, line 21, `relevant'-- omit, insert-- `applicable'. 10 Clause 38 (Insertion of new pts 5A-5C)-- At page 25, lines 21 to 24-- omit, insert--

 


 

5 Cape York Peninsula Heritage Bill 2007 `(a) it is proposed that a land trust hold land in the Cape York Peninsula Region as Aboriginal land; and (b) the State and the land trust agree that the land, or part of'. 11 Clause 38 (Insertion of new pts 5A-5C)-- At page 27, line 23-- omit, insert-- `(4) An indigenous management agreement about the management of land can not be entered into without the consent of the environment Minister. `(5) In this section--'. 12 Clause 38 (Insertion of new pts 5A-5C)-- At page 29, lines 1 to 7-- omit, insert-- `(2) Before the national park land is granted under this Act, the land trust for the land must enter into an indigenous management agreement with the State about the management of the national park land. `(3) A grant of the national park land under this Act is subject to the condition that the national park land must become a national park (Cape York Peninsula Aboriginal land).'. 13 Clause 38 (Insertion of new pts 5A-5C)-- At page 29, lines 10 to 14-- omit, insert-- `(1) This section applies to all national parks in the Cape York Peninsula Region, other than a national park that is claimable land.'. 14 Clause 49 (Insertion of new pt 4, div 3, sdiv 2)-- At page 33, lines 26 and 27--

 


 

6 Cape York Peninsula Heritage Bill 2007 omit, insert-- `(b) the Minister is satisfied an indigenous management agreement about the management of the Aboriginal land has been entered into.'. 15 Clause 49 (Insertion of new pt 4, div 3, sdiv 2)-- At page 34, after line 2-- insert-- `(3) Despite any other Act, the dedication under the regulation is taken to have effect on the delivery of the deed of grant over the national park land to the grantees of the area under the Aboriginal Land Act 1991.'. 16 Clause 49 (Insertion of new pt 4, div 3, sdiv 2)-- At page 34, lines 24 to 29-- omit, insert-- `(a) under the Aboriginal Land Act 1991, a land trust has entered into an indigenous management agreement for the land; and'. 17 After clause 49-- At page 36, after line 16-- insert-- `49A Amendment of s 62 (Restriction on taking etc. of cultural and natural resources of protected areas) `(1) Section 62(1)(b), before `any'-- insert-- `an indigenous management agreement in relation to the area or'. `(2) Section 62(7), definition national park-- omit, insert-- `national park includes a national park (Aboriginal land), national park (Torres Strait Islander land), national park (Cape

 


 

7 Cape York Peninsula Heritage Bill 2007 York Peninsula Aboriginal land) and national park (recovery).'.'. 18 Clause 55 (Amendment of schedule (Dictionary))-- At page 39, line 6-- omit, insert-- `land. national park (Cape York Peninsula Aboriginal land) means an area dedicated under this Act as a national park (Cape York Peninsula Aboriginal land).'.'. 19 Clause 57 (Insertion of new pt 2, div 4A)-- At page 39, lines 17 to 23-- omit, insert-- `(1) The Minister may prepare and make a code for the clearing of vegetation for development that the Minister is satisfied, under the CYPH Act, is for a special indigenous purpose (the special clearing code). `(2) Before making the code, the Minister must consult with-- (a) the relevant landholders; and (b) the Cape York Peninsula Regional Advisory Committee. `(2A) To prepare the code, the Minister may consider any matters stated in the CYPH Act, section 18 or 19, the Minister considers relevant to the clearing of vegetation for development mentioned in subsection (1). `(2B) Subsection (2A) does not limit the matters the Minister may consider.'. 20 Clause 60 (Amendment of s 22A (Particular vegetation clearing applications may be assessed))-- At page 41, line 25, `Section'-- omit, insert-- `(1) Section'.

 


 

8 Cape York Peninsula Heritage Bill 2007 21 Clause 60 (Amendment of s 22A (Particular vegetation clearing applications may be assessed))-- At page 41, after line 30-- insert-- `(2) Section 22A(2A)(a), `or (i)'-- omit, insert-- `or (i) or subsection (2AA)'. `(3) Section 22A(2C)(a), `or (j)'-- omit, insert-- `or (j) or subsection (2AA)'.'. 22 After clause 62-- At page 42, after line 10-- insert-- `62A Amendment of s 31A (Application of sdiv 1)-- `Section 31A(a)-- omit, insert-- `(a) a person who is the owner of land within a wild river area proposes to carry out activities on, or take natural resources from, the land; and'. `62B Insertion of new s 31FA `After section 31F-- insert-- `31FA Nature and effect of particular amendment about property development plan `(1) Without limiting section 31F(1), an amended declaration for a wild river area may state that the carrying out of an activity, or taking of a natural resource, to which a property development plan applies is an activity or a taking that may happen in the high preservation area under the declaration.

 


 

9 Cape York Peninsula Heritage Bill 2007 `(2) Subsection (3) applies if, under an amended declaration, the carrying out of an activity, or taking of a natural resource, is stated to be an activity or a taking (the permitted action) that may happen in the high preservation area under the declaration. `(3) To the extent another Act, or section 42 of this Act, regulates or prohibits the carrying out of activities or taking of natural resources in a high preservation area, the permitted action is taken to be an activity or taking that happens in the preservation area under the declaration.'.'. 23 Clause 63 (Amendment of s 44 (Relationship with other Acts))-- At page 42, line 16, `affect'-- omit, insert-- `effect'. 24 After clause 64-- At page 42, after line 25-- insert-- `65 Amendment of schedule (Dictionary) `Schedule, definition owner-- omit, insert-- `owner, of land-- (a) for part 2, division 2A, means any of the following-- (i) the registered proprietor of the land; (ii) the lessee or licensee under the Land Act 1994 of the land; (iii) the person or body of persons who, for the time being, has lawful control of the land, on trust or otherwise; and (b) otherwise, means any of the following-- (i) the registered proprietor of the land;

 


 

10 Cape York Peninsula Heritage Bill 2007 (ii) the lessee or licensee under the Land Act 1994 of the land; (iii) the holder of a mineral development licence, mining lease or exploration permit under the Mineral Resources Act 1989; (iv) the person or body of persons who, for the time being, has lawful control of the land, on trust or otherwise; (v) the person who is entitled to receive the rents and profits of the land; (vi) any other person, if the person is in lawful occupation of the land.'.'.

 


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