Reasons for declaring restricted access area
29 Reasons for declaring restricted access area
The chief executive may declare a protected area or part of a protected area to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable—
to ensure the health or safety of a person or protect a person’s property; or
to minimise risk to, or safeguard the health of, a person because of a fire or natural disaster; or
to conserve or protect the cultural or natural resources of the protected area or native wildlife, including, for example—
to protect significant cultural or natural resources of the area or part; or
to enable the restoration or rehabilitation of the area or part; or
to protect a breeding area for native wildlife; or
to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or
to manage a significant Torres Strait Islander area in the area in a way that is consistent with Ailan Kastom; or
to protect a facility or service in the protected area, including, for example, infrastructure, a water supply facility or power generating equipment; or
to protect the character and amenity of the area or an adjacent area; or
for the orderly or proper management of the area.
In this section—
significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003, section 9.
significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003, section 9.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.