National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3) 2012 (Qld)

Queensland National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3) 2012 Subordinate Legislation 2012 No. 227 made under the Forestry Act 1959 Marine Parks Act 2004 Nature Conservation Act 1992 Recreation Areas Management Act 2006 Contents Part 1 1 Part 2 2 3 4 5 Part 3 6 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Forestry Regulation 1998 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 9 (Unlawful behaviour in recreation areas) . . . . 3 Amendment of s 19 (Dogs in State forests) . . . . . . . . . . . . . . . . . 4 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 27A Combined commercial activity permits. . . . . . . . . . . . 4 Amendment of Marine Parks Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 140 (Restriction on bringing domestic animals into marine park) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 143 (Unauthorised use of generators, compressors or motors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3) 2012 Contents Part 4 9 10 Part 5 11 12 13 14 Part 6 15 16 17 Amendment of Nature Conservation (Administration)Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 34 (Relevant authority to be written) . . . . . . . . . Amendment of Nature Conservation (Protected Areas Management) Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 124 (Restriction on animals in protected area) . Amendment of s 138 (Unauthorised use of generators, compressors or motors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Recreation Areas ManagementRegulation 2007 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 24 (Taking a domesticated animal into a recreation area—Act, s 121) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 34 (Use of generators, compressors or motors—Act, s 128) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 6 7 7 7 8 8 9 Page 2 2012 SL No. 227

National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3)2012 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3) 2012 . Part 2 Amendment of Forestry Regulation 1998 2 Regulation amended This part amends the Forestry Regulation 1998. 3 Amendment of s 9 (Unlawful behaviour in recreation areas) Section 9— insert — ‘(2) A person does not commit an offence under subsection (1)(a) if— (a) the person uses, or allows to be used, a generator to operate a device for the treatment of a person’s medical condition; and (b) the generator does not emit a noise of more than 65dB(A) when measured 7 metres from the generator. ‘(3) In this section— medical condition , of a person, means a medical condition for which the person has a medical certificate or other document issued by a doctor stating that the person has the condition.’. 2012 SL No. 227 Page 3

National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3)2012 Part 3 Amendment of Marine Parks Regulation 2006 [s 4] 4 Amendment of s 19 (Dogs in State forests) (1) Section 19(1)(c), ‘guide dog’— omit, insert — ‘support dog’. (2) Section 19(3), definition guide dog — omit, insert — ‘ support dog means an assistance dog, guide dog, hearing dog or trainee support dog under the Guide,HearingandAssistance Dogs Act 2009, schedule 4.’. 5 ‘27A Insertion of new s 27A After section 27— insert — Combined commercial activity permits ‘In granting a commercial activity permit, the chief executive may combine the permit in 1 document with the following— (a) a commercial activity permit granted under part 2 of the Nature Conservation (Administration) Regulation 2006 ; (b) a commercial activity permit granted under part 4 of the Recreation Areas Management Act 2006 .’. Part 3 Amendment of Marine Parks Regulation 2006 6 Regulation amended This part amends the Marine Parks Regulation 2006. Page 4 2012 SL No. 227

National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3)2012 Part 3 Amendment of Marine Parks Regulation 2006 [s 7] 7 Amendment of s 140 (Restriction on bringing domestic animals into marine park) (1) Section 140(3)(c)— omit, insert — ‘(c) is a support dog.’. (2) Section 140(4), definitions guide dog and guide dog trainee — omit, insert — ‘ support dog means an assistance dog, guide dog, hearing dog or trainee support dog under the Guide,HearingandAssistance Dogs Act 2009, schedule 4.’. 8 Amendment of s 143 (Unauthorised use of generators, compressors or motors) Section 143— insert — ‘(2) A person does not commit an offence under subsection (1) if— (a) the person uses a generator to operate a device for the treatment of a person’s medical condition; and (b) the generator does not emit a noise of more than 65dB(A) when measured 7 metres from the generator. ‘(3) In this section— medical condition , of a person, means a medical condition for which the person has a medical certificate or other document issued by a doctor stating that the person has the condition.’. 2012 SL No. 227 Page 5

National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3)2012 Part 4 Amendment of Nature Conservation (Administration) Regulation 2006 [s 9] Part 4 Amendment of Nature Conservation (Administration) Regulation 2006 9 Regulation amended This part amends the NatureConservation(Administration)Regulation 2006. 10 Amendment of s 34 (Relevant authority to be written) (1) Section 34, heading— omit, insert — ‘34 Form of authority generally’. (2) Section 34— insert — ‘(3) In granting a commercial activity permit, the chief executive may combine the permit with the following— (a) a commercial activity permit granted under the ForestryRegulation 1998 ; (b) a commercial activity permit granted under part 4 of the Recreation Areas Management Act 2006 .’. Part 5 Amendment of Nature Conservation (Protected Areas Management) Regulation 2006 11 Regulation amended This part amends the Nature Conservation (Protected Areas Management) Regulation 2006. Page 6 2012 SL No. 227

National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3)2012 Part 5 Amendment of Nature Conservation (Protected Areas Management) Regulation 2006 [s 12] 12 Amendment of s 124 (Restriction on animals in protected area) (1) Section 124(2)(b)— omit, insert — ‘(b) a support dog; or’. (2) Section 124(3)— insert — ‘ support dog means an assistance dog, guide dog, hearing dog or trainee support dog under the Guide,HearingandAssistance Dogs Act 2009, schedule 4.’. 13 Amendment of s 138 (Unauthorised use of generators, compressors or motors) Section 138— insert — ‘(2) A person does not commit an offence under subsection (1) if— (a) the person uses a generator to operate a device for the treatment of a person’s medical condition; and (b) the generator does not emit a noise of more than 65dB(A) when measured 7 metres from the generator. ‘(3) In this section— medical condition , of a person, means a medical condition for which the person has a medical certificate or other document issued by a doctor stating that the person has the condition.’. 14 Amendment of sch 9 (Dictionary) Schedule 9, definition guide dog — omit . 2012 SL No. 227 Page 7

National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3)2012 Part 6 Amendment of Recreation Areas Management Regulation 2007 [s 15] Part 6 Amendment of Recreation Areas Management Regulation 2007 15 Regulation amended This part amends the RecreationAreasManagementRegulation 2007. 16 Amendment of s 24 (Taking a domesticated animal into a recreation area—Act, s 121) Section 24— insert — ‘(3) A person may take a domesticated dog into the Moreton Island Recreation Area if— (a) the person is transporting the dog through the recreation area to or from land that is— (i) owned by the person; or (ii) the person’s principal place of residence; and (b) the only reasonable route to or from the land is through the recreation area; and (c) the person is taking the dog through the most direct route to or from the land; and (d) the dog is being transported— (i) in an enclosed vehicle; or (ii) on the tray of a vehicle and is securely tethered so as to be confined to the vehicle tray; and (e) the dog does not leave the vehicle or vehicle tray while the dog is in the recreation area.’. Page 8 2012 SL No. 227

National Parks, Recreation, Sport and Racing Legislation Amendment Regulation (No. 3)2012 Part 6 Amendment of Recreation Areas Management Regulation 2007 [s 17] 17 Amendment of s 34 (Use of generators, compressors or motors—Act, s 128) Section 34— insert — ‘(3) Also, a person may use a generator if— (a) the person uses a generator to operate a device for the treatment of a person’s medical condition; and (b) the generator does not emit a noise of more than 65dB(A) when measured 7 metres from the generator. ‘(4) In this section— medical condition , of a person, means a medical condition for which the person has a medical certificate or other document issued by a doctor stating that the person has the condition.’. ENDNOTES 1 Made by the Governor in Council on 6 December 2012. 2 Notified in the gazette on 7 December 2012. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of National Parks, Recreation, Sport and Racing. © State of Queensland 2012 2012 SL No. 227 Page 9