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This is a Bill, not an Act. For current law, see the Acts databases.
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 13º30' south, longitude 141º15' east to
latitude 13º30' south, longitude 142º6' east
· to latitude 15º42' south, longitude 142º6' east
· to latitude 15º42' south, longitude 141º15' east
· to latitude 13º30' south, longitude 141º15' 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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