Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p122
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 348555–351607

the best available energy and water efficient technologies in the development of new infrastructure, and in existing infrastructure where possible and as needed.

    9.9.4        Investigate, and where feasible implement, cost effective measures to reduce greenhouse gas emissions in park operations.

    9.9.5        Work with other organisations, suppliers, contractors and other relevant people to minimise environmental impacts by:

       (a)     promoting and implementing best practice environmental work practices and activities in the park
       (b)     complying with park environmental management plans and relevant government policy and legislation, including toxic and hazardous waste disposal requirements.

    9.10      Subleases, licences and associated occupancy issues

Aim
    * Subleases, licences and the management of associated occupancy issues are provided for appropriately.

Background
As noted elsewhere in this plan, the park is Aboriginal-owned land under the Land Grant Act and is leased to the Director.

Section 358(2) of the EPBC Act allows the Director to grant a sublease or licence relating to land in the park provided it is in accordance with a management plan. In addition, the Lease requires the Director to have the written agreement of the Council before granting any sublease or licence.

The Lease provides for ongoing use of the park by the Wreck Bay Aboriginal Community, including to reside in the park (at locations specified in the management plan) subject to any limitations prescribed by the plan.

The Lease also provides that subleases and licences of land may be granted to Community members, provided the request is made by the Council on behalf of the person.

During the life of the plan it may be appropriate to consider granting subleases and licences of land in the park for other purposes, e.g. to new and emerging business enterprises or to utility providers (for areas of land containing cables and pipes for electricity, gas, water or communication services).

Issues
    * Leases, subleases, licences and other occupancies need to be established and maintained to appropriate standards, including minimising impacts on park values.

    * In order to help support Council interests (and minimise impacts on the park) rights to occupy and use land in the park should be formalised as far as possible.

Prescriptions

Policies

    9.10.1    The Director may, with the written consent of the Council and approval of the Board, grant subleases and licences relating to land in the park, including:

       (a)     granting subleases or licences for exclusive-use commercial activities approved by the Board; and

       (b)     granting a sublease to the Council or other entity.

    9.10.2    Decisions about subleases and licences will take into account the impact assessment of the proposal under Section 9.8, How proposals will be evaluated.

    9.10.3    The Director, in consultation with the Board, may determine the rent/occupation fee for each sublessee or licensee and