Forestry and Another Regulation Amendment Regulation (No. 1) 2011 (Qld)

Queensland Forestry and Another Regulation Amendment Regulation (No. 1) 2011 Subordinate Legislation 2011 No. 177 made under the ForestryAct1959 NatureConservationAct1992 Contents Part 1 1 Part 2 2 3 Part 3 4 5 6 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of Forestry Regulation 1998 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of s 27 (Commercial activities in State forests) . . . . 2 Amendment of Nature Conservation (Administration)Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 88 (Term and review of agreements). . . . . . . . . 4 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5

Forestry and Another Regulation Amendment Regulation (No. 1) 2011 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Forestry and Another Regulation Amendment Regulation (No. 1) 2011 . Part 2 Amendment of Forestry Regulation 1998 2 Regulation amended This part amends the Forestry Regulation 1998. 3 Amendment of s 27 (Commercial activities in State forests) (1) Section 27(2), definition commercial activity — omit. (2) Section 27(2)— insert — ‘ commercial activity — 1 A commercial activity is an activity conducted for gain. Examples of activities conducted for gain — • the hire or sale of goods or services • commercial photography • a guided tour, safari, scenic flight, cruise or excursion • advertising or promoting the use of a State forest as part of a tour, safari, scenic flight, cruise or excursion • advertising or promoting the use of a State forest as a feature associated with a resort or tourist facility on land adjoining the State forest Page 2 2011 SL No. 177

Forestry and Another Regulation Amendment Regulation (No. 1) 2011 Part 2 Amendment of Forestry Regulation 1998 [s 3] 2 A commercial activity does not include— (a) an exempt activity; or (b) an exempt media activity; or (c) filming or photography that— (i) involves no more than 2 persons; and (ii) does not involve the erection, construction or use of a prescribed structure. exempt activity means an activity for which the chief executive is reasonably satisfied the use of a State forest is incidental to, and not integral to, the conduct of the activity. Examples of exempt activities — • a scheduled commercial flight over a State forest that is not part of a tour or scenic flight over the State forest • a scheduled bus service through a State forest that is not a part of a tour or safari in the State forest • conducting an activity in a State forest reserve if the activity involves a trade and is conducted for the chief executive, the holder of a permit, licence or other authority for the State forest, or a party to a lease or agreement for the State forest • providing a mechanical or vehicle towing service for a visitor in a State forest exempt media activity means an activity that is— (a) the filming or photographing of, or in relation to, an event; and (b) conducted when, or as soon as practicable after, the event happens; and (c) conducted for publishing a report of the event— (i) on television or in a newspaper, magazine or similar publication; and (ii) to inform the public about the event; and (d) of a type the chief executive has declared as an exempt media activity by publishing the declaration on the department’s website. 2011 SL No. 177 Page 3

Forestry and Another Regulation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Nature Conservation (Administration) Regulation 2006 [s 4] prescribed structure means equipment or a construction used to facilitate filming or photography, and— (a) includes a tower, platform, generator, vehicle, shelter and building; but (b) does not include— (i) a camera or camera accessories; or (ii) a tripod; or (iii) a portable hide large enough to shelter only 1 person; or (iv) a power source consisting of only dry cells or a single wet cell battery; or (v) a vehicle used only for transport, or camping under a permit or agreement under the Act or the Recreation Areas Management Act 2006 .’. Part 3 Amendment of Nature Conservation (Administration) Regulation 2006 4 Regulation amended This part amends the NatureConservation(Administration)Regulation 2006. 5 Amendment of s 88 (Term and review of agreements) (1) Section 88(1), ‘10’— omit , insert— ‘15’. (2) Section 88(2), ‘10’— Page 4 2011 SL No. 177

Forestry and Another Regulation Amendment Regulation (No. 1) 2011 Part 3 Amendment of Nature Conservation (Administration) Regulation 2006 [s 6] omit , insert— ‘15’. 6 Amendment of sch 7 (Dictionary) (1) Schedule 7, definition commercial activity , paragraph 2— insert — ‘(c) filming or photography that— (i) involves no more than 2 persons; and (ii) does not involve the erection, construction or use of a prescribed structure.’. (2) Schedule 7— insert — ‘ prescribed structure means equipment or a construction used to facilitate filming or photography, and— (a) includes a tower, platform, generator, vehicle, shelter and building; but (b) does not include— (i) a camera or camera accessories; or (ii) a tripod; or (iii) a portable hide large enough to shelter only 1 person; or (iv) a power source consisting of only dry cells or a single wet cell battery; or (v) a vehicle used only for transport, or camping under a permit or agreement under the Act or the Recreation Areas Management Act 2006 .’. 2011 SL No. 177 Page 5

Forestry and Another Regulation Amendment Regulation (No. 1) 2011 ENDNOTES 1 Made by the Governor in Council on 8 September 2011. 2 Notified in the gazette on 9 September 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Environment and Resource Management. © State of Queensland 2011 Page 6 2011 SL No. 177