“Activity includes a trade, business, or occupation

“Certified aerodrome means an aerodrome licensed under the Civil Aviation Regulations 1953 or certificated under rules made under the Civil Aviation Act 1990

“Concession or concession document—

• “(a) Means—

  • “(i) A lease; or

  • “(ii) A licence; or

  • “(iii) A permit; or

  • “(iv) An easement—

  granted under section 49 of this Act; and

• “(b) Includes any activity authorised by the concession document:

“Concessionaire means a person who is—

• “(a) A lessee; or

• “(b) A licensee; or

• “(c) A permit holder; or

• “(d) The grantee of an easement—

“under section 49 of this Act

“Lease—

• “(a) Means—

  • “(i) A grant of an interest in land that—

    • “(A) Gives exclusive possession of the land; and

    • “(B) Makes provision for any activity on the land that the lessee is permitted to carry out:

  • “(ii) Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under any enactment passed before the commencement of section 2 of the National Parks Amendment Act 1996:

  • “(iii) Any document purporting to be a lease (whether or not the document gives the lessee exclusive possession of the land concerned) and issued under this Act before the commencement of the said section 2; but

• “(b) Does not include a licence referred to in paragraph (b)(ii) of the definition of the term licence;—

“and lessee has a corresponding meaning

“Licence—

• “(a) Means—

  • “(i) A profit a prendre or any other grant that gives a non-exclusive interest in land; or

  • “(ii) A grant that makes provision for any activity on the land that the licensee is permitted to carry out; and

• “(b) Includes—

  • “(i) Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition) and issued under any enactment relating to national parks that was passed before the commencement of section 2 of the National Parks Amendment Act 1996; and

  • “(ii) Any document purporting to be a licence and purporting to grant an exclusive interest in land, and issued under this Act before the date of commencement of the said section 2 or issued under any other enactment relating to national parks that was passed before that date; and

  • “(iii) Any document purporting to be a licence (whether or not the licence gives an interest, or makes any provision, referred to in paragraph (a) of this definition) and issued under this Act before the commencement of the said section 2;—

“and licensee has a corresponding meaning

“Permit—

• “(a) Means a grant of rights to carry out an activity for a purpose referred to in section 49 of this Act that does not require an interest in land; and

• “(b) Includes any authorisation or licence granted before the commencement of this definition that granted similar rights;—

“and permit holder has a corresponding meaning”.

• “(7) In exercising their functions, duties, and powers under this section, the Board, the Director-General, and the Authority shall have regard to any relevant concessions for the time being in force.”

“49

• “(1) The Minister may, in accordance with Part IIIB of the Conservation Act 1987, grant a concession in respect of any park; and the said Part IIIB shall apply as if references in that Part to a conservation area were references to a park and with any other necessary modifications.

  “(2) Before granting any concession over a park, the Minister shall satisfy himself or herself that a concession—

  • “(a) Can be granted without permanently affecting the rights of the public in respect of the park; and

  • “(b) Is not inconsistent with section 4 of this Act.

  “(3) The Minister may impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of any park.

  “(4) A concessionaire of any part of any park may, to the extent that the concessionaire's concession document so provides, impose a reasonable charge for the use of any facilities (other than a path or track) provided by the Minister in or in respect of the park.

  “(5) Any person who—

  • “(a) Has, in accordance with any concession or other consent of the Minister, erected any structure or facility in any park; or

  • “(b) Uses for camping sites or for parking places for vehicles any part of any park; or

  • “(c) Carries on any activity in any park—

  “may, subject to the relevant conservation management strategy or management plan (if any) and the terms and conditions (if any) of the concession document concerned, impose a reasonable charge in respect of access to or the use of structures, sites, or places, or the carrying on or products of the activity.

  “(6) Nothing in this section authorises any person to do anything on or in respect of any private land.”

• “(d) Grant concessions over or in respect of land within the park as sites for dwellings for persons or bodies (whether incorporated or not) carrying on any activity within the park.”

“51

• “(1) This section applies to farming land and grazing land that, in the public interest, should continue to be farmed or grazed.

  “(2) The Minister may, in accordance with the management plan for the park, grant concessions under section 49 of this Act over any part of the park that is land to which this section applies.”

• “(j) Conducts in any park any activity for which a concession is required under this Act; or”.

• “(l) Contravenes or fails to comply with section 51A of this Act.”