Who is an affected person for a project
38 Who is an affected person for a project
A person is an affected person for a project if the person is—
a person mentioned in subsection (2) for the operational land or any land joining it; or
any of the following under the Native Title Act 1993 (Cwlth) for the operational land or for an area that includes any of the land—
a registered native title body corporate;
a registered native title claimant;
a representative Aboriginal/Torres Strait Islander body; or
a relevant local government for the operational land.
For subsection (1)(a), the persons are as follows—
for freehold land—a registered proprietor;
for land that is held from the State for an estate or interest less than fee simple and for which the interest is recorded in a register mentioned in the Land Act 1994 (Land Act), section 276—a person recorded in the register as the registered holder of the interest;
for land subject to a mining claim, mineral development licence or mining lease—a holder of, or an applicant for, the mining tenure;
for land subject to a relevant tenure for an environmental authority for a resource activity, other than a mining activity—the holder of the tenure;
for land under the Land Act or the Nature Conservation Act 1992 (NCA) for which there are trustees—a trustee of the land;
for Aboriginal land under the Aboriginal Land Act 1991 (ALA) that is taken to be a reserve because of section 202(2) or (4)(b) of that Act—the trustee of the land;
for DOGIT land under the ALA or the Torres Strait Islander Land Act 1991—a trustee for the land;
for Torres Strait Islander land under the Torres Strait Islander Land Act 1991 that is taken to be a reserve because of section 151(2) of that Act—the trustee of the land;
for land that, under the Aboriginal and Torres Strait Islander Land Holding Act 2013, is lease land for a 1985 Act granted lease or a new Act granted lease—the lessee;
for land that is any of the following, the State—
unallocated State land;
a reserve under the Land Act for which there is no trustee;
a national park (scientific), national park, national park (Aboriginal land), national park (Torres Strait Islander land) or forest reserve under the NCA;
a conservation park or resources reserve under the NCA for which there are no trustees;
a State forest or timber reserve under the Forestry Act 1959;
a State-controlled road;
a fish habitat area under the Fisheries Act 1994;
another person prescribed under a regulation.
This provision refers to the regulations (a regulation
). Made under this Act:
- Environmental Protection (Air) Policy 2019 · Regulation
- Environmental Protection (Noise) Policy 2019 · Regulation
- Environmental Protection (Water and Wetland Biodiversity) Policy 2019 · Regulation
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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