Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p41
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 118810–122465

major works                                                            * Decision is made by Board
                                                                                                                                                                                                                                                                       * Major/long-term changes to existing visitor access arrangements
                                                                                                                                                                                                                                                                       * New types of commercial activities
                                                                                                                                                                                                                                                                       * Issuing leases/licences

    4.2           Community use and occupancy

Aim
    * Traditional use and occupancy rights are exercised in a manner consistent with the Lease, the EPBC Act and this plan.

Background
The Lease provides for the members of the Council, as traditional owners of the park, to have the right to enter upon, use or occupy the park in accordance with tradition. This is subject to the prior approval of the Council, such reasonable constraints as may be contained in this plan and the directions or decision of the Board with respect to health, safety, privacy or protection of the park.

Section 359A of the EPBC Act states that the provisions of the Act and EPBC Regulations dealing with activities in Commonwealth reserves do not prevent traditional use of land by an Aboriginal person for non-commercial hunting or gathering, provided it is done in accordance with other applicable laws.

The Lease provides that the Director will not transfer, assign, sublet, part with the possession of, or otherwise dispose of the park or any part thereof without the consent in writing of the Council and then only in accordance with this plan.

Issue
    * Occupancy of the park may impact on the park's natural and cultural values.

Prescriptions

Policies

    4.2.1        In accordance with the Lease and the EPBC Act, Council members may continue to exercise their traditional rights, including hunting and food gathering and use of any area of the park for ceremonial and religious purposes, provided it is done in accordance with other applicable laws.

    4.2.2        In accordance with the Lease, the Director will not transfer, assign, sublet, part with the possession of, or otherwise dispose of the park or any part thereof without the consent in writing of the Council and then only in accordance with this plan.

    4.2.3        In accordance with the Lease, the Council reserves the right to request the Director to sublet any reasonable part of the park to a Council member where it is in accordance with the EPBC Act and this plan.

    4.2.4        The Director may transfer, assign, or sublet part of the park (including possible future additions to the park) to assist the development of commercial activities supported by the Council and to regularise developments for management of essential services in the park (see also Section 9.5, Essential Services). If space is available, park buildings or parts of park buildings may be sublet to the Council.

    4.2.5        Business and commercial activity proposals supported by the Council which require use and occupation of the park or part thereof will be assessed in