Nature Conservation Act 1992 (Qld)

Nature Conservation Act 1992

An Act to provide for the conservation of nature

Part 1    Preliminary

1   Short title

This Act may be cited as the Nature Conservation Act 1992.

2   [Repealed]

3   Act binds all persons

(1)This Act binds all persons, including the State, and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the Commonwealth, the State or another State liable to be prosecuted for an offence.

3A   Territorial application of Act

(1)This Act applies both within and outside the State.

(2)This Act applies outside the State to the full extent of the extraterritorial legislative power of the Parliament.

Part 2    Object of Act

4   Object of Act

The object of this Act is the conservation of nature while allowing for the involvement of Aboriginal peoples and Torres Strait Islander peoples in the management of protected areas in which they have an interest under Aboriginal tradition or Ailan Kastom.

5   How object is to be achieved

The conservation of nature is to be achieved by an integrated and comprehensive conservation strategy for the whole of the State that involves, among other things, the following—

(a)Gathering of information and community education etc.

•gathering, researching, analysing, monitoring and disseminating information on nature;

•identifying critical habitats and areas of major interest;

•encouraging the conservation of nature by the education and cooperative involvement of the community, particularly landholders;

(b)Dedication and declaration of protected areas

•the dedication and declaration of areas representative of the biological diversity, natural features and wilderness of the State as protected areas;

(c)Management of protected areas

•the management of protected areas in accordance with—

(i)the management principles; and

(ii)the interim and declared management intent; and

(iii)management plans; and

(iv)conservation agreements; and

(v)management programs;

for the areas;

•the management of protected areas having regard to any management statement for the areas;

(d)Protection of native wildlife and its habitat

•the protection of the biological diversity of native wildlife and its habitat by—

(i)the dedication and declaration of protected areas; and

(ii)prescribing protected and prohibited wildlife; and

(iii)the management of wildlife in accordance with—

(A)the management principles; and

(B)the declared management intent; and

(C)any conservation plan;

for the wildlife; and

(iv)entering into conservation agreements;

(e)Use of protected wildlife and areas to be ecologically sustainable

•providing for the ecologically sustainable use of protected wildlife and areas by the preparation and implementation of management and conservation plans consistent with the values and needs of the wildlife or areas concerned, particularly plans dealing with the management of—

(i)protected areas; and

(ii)the taking or use of wildlife; and

(iii)protected wildlife and its habitat; and

(iv)critical habitats and areas of major interest;

•providing for the ecologically sustainable use of protected areas by the preparation of management statements for use in managing the areas;

(f)Recognition of interest of Aboriginal peoples and Torres Strait Islander peoples in nature and their cooperative involvement in its conservation

•the recognition of the interest of Aboriginal peoples and Torres Strait Islander peoples in protected areas and native wildlife;

•the cooperative involvement of Aboriginal peoples and Torres Strait Islander peoples in the conservation of nature;

(g)Cooperative involvement of landholders

•the cooperative involvement of landholders in the conservation of nature.

6   Community participation in administration of Act

This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, landholders and interested groups and persons, including Aboriginal peoples and Torres Strait Islander peoples.

Part 3    Interpretation

Division 1 Dictionary

7   Definitions

The dictionary in the schedule defines particular words used in this Act.

Division 2 Key definitions

8   Meaning of nature

(1)Nature includes all aspects of nature.

(2)Without limiting subsection (1), nature includes—

(a)ecosystems and their constituent parts; and

(b)all natural and physical resources; and

(c)natural dynamic processes; and

(d)the characteristics of places, however large or small, that contribute to—

(i)their biological diversity and integrity; or

(ii)their intrinsic or scientific value.

9   Meaning of conservation

Conservation is the protection and maintenance of nature while allowing for its ecologically sustainable use.

10   Meaning of biological diversity

(1)Biological diversity is the natural diversity of native wildlife, together with the environmental conditions necessary for their survival, and includes—

(a)regional diversity, that is, the diversity of the landscape components of a region, and the functional relationships that affect environmental conditions within ecosystems; and

(b)ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them; and

(c)species diversity, that is, the diversity of species; and

(d)genetic diversity, that is, the diversity of genes within each species.

(2)In subsection (1)—

landscape components includes landforms, soils, water, climate, wildlife and land uses.

11   Meaning of ecologically sustainable use

Ecologically sustainable use is—

(a)in relation to wildlife—the taking or use of the wildlife; or

(b)in relation to protected areas—the use of the areas;

within their capacity to sustain natural processes while—

(c)maintaining the life support systems of nature; and

(d)ensuring that the benefit of the use to present generations does not diminish the potential to meet the needs and aspirations of future generations.

12   Meaning of threatening process

A threatening process is any process that is capable of—

(a)threatening the survival of any protected area, area of major interest, protected wildlife, community of native wildlife or native wildlife habitat; or

(b)affecting the capacity of any protected area, area of major interest, protected wildlife, community of native wildlife or native wildlife habitat to sustain natural processes.

13   Meaning of critical habitat

(1)Critical habitat is habitat that is essential for the conservation of a viable population of protected wildlife or community of native wildlife, whether or not special management considerations and protection are required.

(2)A critical habitat may include an area of land that is considered essential for the conservation of protected wildlife, even though the area is not presently occupied by the wildlife.

Part 4    Protected areas

Division 1 Basic concepts

14   Classes of protected areas to which Act applies

The classes of protected areas to which this Act applies are—

(a)national parks (scientific); and

(b)national parks; and

(c)national parks (Aboriginal land); and

(d)national parks (Torres Strait Islander land); and

(e)national parks (Cape York Peninsula Aboriginal land); and

(f)conservation parks; and

(g)resources reserves; and

(h)special wildlife reserves; and

(i)nature refuges; and

(j)coordinated conservation areas.

15   Management of protected areas

(1)Each protected area is to be managed in accordance with—

(a)the management principles prescribed by this division for the class of protected area; and

(b)if the area is—

(i)a national park (Aboriginal land) or national park (Torres Strait Islander land)—the lease or sublease of the area; or

(ii)a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—any Indigenous land use agreement for the area and the Indigenous management agreement for the area; or

(iii)a special wildlife reserve—the conservation agreement and management program for the area; or

(iv)a nature refuge—the declared management intent, and the conservation agreement or covenant, for the area; or

(v)a coordinated conservation area—

(A)the interim management intent for the area until a management statement or management plan is approved for the area; and

(B)the conservation agreement for the area; and

(c)if a management plan is in effect for the area—the management plan for the area.

(2)The interim or declared management intent for a protected area is the management intent for the area specified in the regulation dedicating or declaring the area.

(3)The interim or declared management intent for a protected area must contain a statement of—

(a)the area’s significant cultural and natural resources and values; and

(b)the proposed management intent for, and any proposed use of, the area.

(4)If a management statement is in effect for a protected area, the statement is to be considered in managing the area.

16   Management principles of national parks (scientific)

(1)A national park (scientific) is to be managed to—

(a)protect the area’s exceptional scientific values and, in particular—

(i)to ensure that the processes of nature continue unaffected in the area; and

(ii)to protect the area’s biological diversity to the greatest possible extent; and

(b)allow controlled scientific study and monitoring of the area’s natural resources.

(2)However, if threatened wildlife is a significant natural resource for the area, management of the area may include—

(a)manipulation of the wildlife’s habitat; and

(b)the control of threatening processes relating to the wildlife, including threatening processes caused by other wildlife.

(3)Subject to subsections (1) and (2), a national park (scientific), or a part of a national park (scientific), that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

17   Management principles of national parks

(1)A national park is to be managed to—

(a)provide, to the greatest possible extent, for the permanent preservation of the area’s natural condition and the protection of the area’s cultural resources and values; and

(b)present the area’s cultural and natural resources and their values; and

(c)ensure that the only use of the area is nature-based and ecologically sustainable; and

(d)provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and

(e)provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values.

(1A)However, if the whole or part of a national park is declared as a special management area (controlled action), the management of the park or part may include the following—

(a)the manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values;

(b)the continuation of an existing use of the area consistent with maintaining the area’s natural and cultural values.

(2)The management principle mentioned in subsection (1)(a) is the cardinal principle for the management of national parks.

(3)Subject to subsections (1) to (2), a national park, or a part of a national park, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

(4)In this section—

existing use, of a special management area (controlled action), means a lawful use made of the area immediately before the declaration of the area as a special management area (controlled action).

18   Management principles of national parks (Aboriginal land)

(1)A national park (Aboriginal land) is to be managed as a national park.

(2)Subject to subsection (1), a national park (Aboriginal land) is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

19   Management principles of national parks (Torres Strait Islander land)

(1)A national park (Torres Strait Islander land) is to be managed as a national park.

(2)Subject to subsection (1), a national park (Torres Strait Islander land) is to be managed, as far as practicable, in a way that is consistent with any Ailan Kastom applicable to the area, including any Ailan Kastom relating to activities in the area.

19A   [Repealed]

20   Management principles of national parks (Cape York Peninsula Aboriginal land)

(1)A national park (Cape York Peninsula Aboriginal land) is to be managed as a national park.

(2)Subject to subsection (1), a national park (Cape York Peninsula Aboriginal land) is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

21   Management principles of conservation parks

(1)A conservation park is to be managed to—

(a)conserve and present the area’s cultural and natural resources and their values; and

(b)provide for the permanent conservation of the area’s natural condition to the greatest possible extent; and

(c)provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and

(d)ensure that any commercial use of the area’s natural resources, including fishing and grazing, is ecologically sustainable.

(2)Subject to subsection (1), a conservation park, or a part of a conservation park, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

21A   Management principles of resources reserves

(1)Subject to subsection (2), a resources reserve is to be managed to—

(a)recognise and, if appropriate, protect the area’s cultural and natural resources; and

(b)provide for the controlled use of the area’s cultural and natural resources; and

(c)ensure that the area is maintained predominantly in its natural condition.

(2)The felling of timber for a commercial purpose must not be conducted in a resources reserve.

(3)Subject to subsections (1) and (2), a resources reserve, or a part of a resources reserve, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

21B    Management principles of special wildlife reserves

(1)A special wildlife reserve is to be managed to—

(a)permanently protect the area’s exceptional natural and cultural resources and values; and

(b)protect the area’s exceptional scientific values; and

(c)present the area’s cultural and natural resources and values; and

(d)ensure the only use of the area is nature-based and ecologically sustainable.

(2)Also, a special wildlife reserve is to be managed to do any of the following stated in the conservation agreement for the reserve—

(a)allow controlled scientific study and monitoring of the area’s natural resources;

(b)provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values;

(c)provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values;

(d)provide for the manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values;

(e)provide for the manipulation of threatened wildlife’s habitat and the control of threatening processes relating to threatened wildlife, including threatening processes caused by other wildlife.

22   Management principles of nature refuges

A nature refuge is to be managed to—

(a)conserve the area’s significant cultural and natural resources; and

(b)provide for the controlled use of the area’s cultural and natural resources; and

(c)provide for the interests of landholders to be taken into account.

23   Management principles of coordinated conservation areas

A coordinated conservation area is to be managed to—

(a)conserve the area’s natural and cultural values by coordinated management involving the area’s various landholders; and

(b)take account of the area’s values, including its recreational, educational and commercial values; and

(c)provide for the interests of the various landholders to be maintained.

24   [Repealed]

25   [Repealed]

26   [Repealed]

27   Prohibition on mining, geothermal activities and GHG storage activities

(1)A mining interest, geothermal tenure or GHG authority can not be granted in relation to—

(a)a national park (scientific); or

(b)a national park; or

(c)a national park (Aboriginal land); or

(d)a national park (Torres Strait Islander land); or

(e)a national park (Cape York Peninsula Aboriginal land); or

(f)a conservation park; or

(g)a special wildlife reserve.

(2)However, subsection (1) does not apply if—

(a)the mining interest is—

(i)an authorised activity for a survey licence under the Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act), section 394 other than in relation to a petroleum facility under that Act; or

(ii)an authorised activity for a pipeline licence under the P&G Act; and

(b)an authority under section 34, 35, 42AD, 42AE, 43F or 43G has been granted, made, issued or given for the licence.

(3)Subsection (1) applies in relation to land in a protected area even if the land is also subject to a tenure on which a mining interest, geothermal tenure or GHG authority could otherwise be granted.

Example of land in a protected area—

land in a special wildlife reserve that is subject to a lease under the Land Act 1994

(4)In this section—

mining interest means any activity authorised under—

(a)the Mineral Resources Act 1989; or

(b)the Petroleum Act 1923; or

(c)the P&G Act.

Division 2 Protected areas (State land)

Subdivision 1 Preliminary

28   Meaning of protected area in division

In this division—

protected area means—

(a)a national park (scientific); or

(b)a national park; or

(c)a conservation park; or

(d)a resources reserve.

Subdivision 2 Dedication, revocation and amalgamation of protected areas

29   Dedication of protected areas

(1)A regulation may dedicate a specified area of State land as—

(a)a national park (scientific); or

(b)a national park; or

(c)a conservation park; or

(d)a resources reserve.

(2)The classes of protected areas mentioned in subsection (1) are listed in descending order of the level of protection given to them under this Act.

30   Revocation of State forests and timber reserves

(1)Despite the Forestry Act 1959, if an area that is to be dedicated as a protected area is, or includes part of, a State forest or timber reserve set apart and declared under that Act, the regulation dedicating the area may revoke, in whole or part, the setting apart and declaration of the State forest or timber reserve.

(2)The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to dedicate the area.

31   Trustees of protected areas

(1)If an area is dedicated as a conservation park or resources reserve, the Governor in Council may, by regulation, place the area under the management of trustees.

(2)The trustees are to be appointed by the Governor in Council.

(3)The trustees must comply with section 15 in the management of the protected area.

(4)The Acts Interpretation Act 1954, section 25 applies to an office as trustee.

(5)The Trusts Act 1973 does not apply to—

(a)trusts created under this section; and

(b)the trustees of such trusts.

(6)Trustees may, in their official name—

(a)sue or be sued; and

(b)take action for removal of trespassers or protection of property under their management.

(7)For the purpose of any legal proceeding, trustees are taken to be the owners of property under their management.

(8)The Governor in Council may, by gazette notice, revoke a trust created under this section.

(9)The persons who were the trustees of a trust immediately before its revocation must, within 30 days of receipt of written notice given to them by the Minister, repay to the State any unspent amount that—

(a)was paid to them by the State for the purposes of the trust; and

(b)was held by them when the trust was revoked.

(10)An amount payable to the State under subsection (9) is a debt due to the State and may be recovered in a court having jurisdiction for the recovery of debts up to the amount concerned.

32   Revocation of protected areas

(1)The Governor in Council may, by regulation, revoke the dedication of a protected area in whole or part.

(2)The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(3)This section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area.

Note—

For a protected area that is also an Indigenous joint management area, see section 42AK. Also, note section 42AM.

33   Amalgamation etc. of protected areas

(1)The Governor in Council may, by regulation—

(a)amalgamate protected areas of the same class, and assign a name to the amalgamated area; or

(b)change the class of a protected area by dedicating the area as another class of protected area; or

(c)change the boundaries of a protected area.

(2)If—

(a)because of the change in the class of a protected area, the area will be given less protection under this Act; or

(b)because of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act);

the regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(3)This section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area.

Note—

For a protected area, or part of a protected area, that is an Indigenous joint management area, see section 42AL. Also, note section 42AM.

33A   Chief executive to lodge document for dedication, revocation and amalgamation etc.

(1)This section applies if a regulation is made under this subdivision for—

(a)the dedication or revocation of a protected area under section 29 or 32; or

(b)the revocation of a State forest or timber reserve under section 30; or

(c)the amalgamation or other change to a protected area under section 33; or

(d)the appointment or revocation of trustees under section 31.

(2)The chief executive must lodge for registration with the registrar of titles a document evidencing the matter the subject of the regulation.

(3)The document must—

(a)be lodged as soon as practicable after the regulation is made; and

(b)comply with any requirements of the registrar of titles.

(4)If the dedication, revocation, amalgamation or other change to a protected area affects a part of a lot within the meaning of the Land Act 1994, the document lodged must be accompanied by a plan of subdivision for the change.

33B   [Repealed]

Subdivision 3 Interests in protected areas

34   Leases etc. over protected areas

(1)A lease, agreement, licence, permit or other authority over, or in relation to, land in a protected area (other than an agreement or a licence, permit or other authority issued or given under a regulation) may be granted, made, issued or given only—

(a)by—

(i)if the area is a national park (scientific) or national park—the chief executive under this Act; or

(ii)if the area is a conservation park or resources reserve—the chief executive or trustees of the area with the consent of the chief executive; or

(b)under another Act by—

(i)the Governor in Council; or

(ii)someone else with the consent of the Minister or chief executive.

(2)A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with—

(a)the management principles for the area; and

(b)if a management plan has been approved for the area, the management plan.

(3)This section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area.

Note—

For a protected area, or part of a protected area, that is an Indigenous joint management area, see section 42AN.

35   Chief executive’s powers about permitted uses in national parks

(1)The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if—

(a)the use under the authority is only for a service facility or an ecotourism facility; and

(b)if the use under the authority is for a service facility, the chief executive is satisfied—

(i)the cardinal principle for the management of national parks will be observed to the greatest possible extent; and

(ii)the use will be in the public interest; and

(iii)the use is ecologically sustainable; and

(iv)there is no reasonably practicable alternative to the use; and

(c)if the use under the authority is for an ecotourism facility, the chief executive is satisfied—

(i)the use will be in the public interest; and

(ii)the use is ecologically sustainable; and

(iii)the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and

(d)the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area.

(2)Subsection (1)—

(a)has effect despite section 15; and

(b)does not limit, and is not limited by, section 34.

(3)This section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area.

Note—

For an Indigenous joint management area, see section 42AO.

35A   Chief executive’s powers about permitted uses for existing service facilities in national parks

(1)The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if—

(a)the use under the authority is only for an existing service facility; and

(b)the chief executive is satisfied—

(i)the use is ecologically sustainable; and

(ii)the use does not include carrying out substantial improvements to the existing service facility.

Examples of a substantial improvement to an existing service facility—

•an upgrade of a road that provides access to a communications tower

•the replacement of a pipeline with a larger pipeline

(2)Subsection (1) applies despite sections 15 and 34(2), and does not limit section 35.

(3)This section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area.

Note—

For an Indigenous joint management area, see section 42AOA.

36   Authorities for new national park

(1)This section applies if—

(a)land is dedicated as a national park; and

(b)immediately before the dedication, the land was being used (the previous use) in a way that is inconsistent with the management principles of the park.

(2)The chief executive may grant an authority (a previous use authority) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication.

(3)However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959, section 56.

(4)A previous use authority must not be renewed.

(5)This section—

(a)applies despite sections 15 and 34(2); but

(b)does not limit sections 35 and 35A.

(5A)This section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area.

Note—

For an Indigenous joint management area, see section 42AP.

(6)In this section—

allowable term, for a previous use of a national park, means a term no longer than—

(a)if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease—

(i)an occupation permit under the Forestry Act 1959, section 35(1)(a) under which the right of occupation is only for a service facility;

(ii)a stock grazing permit under the Forestry Act 1959, section 35(1)(c);

(iii)an apiary permit under the Forestry Act 1959, section 35(1)(d);

(iv)a sales permit under the Forestry Act 1959, section 56, for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;

(v)a lease under the Land Act 1994; or

(b)otherwise—3 years after the dedication.

authority means an agreement or a lease, licence, permit or other authority.

plant parts means the flowers, foliage, seeds or stems of the plant.

36A   Apiary permits for particular areas

(1)Despite sections 15 and 137, the chief executive may grant an apiary permit for a national park, even if the permit is inconsistent with the management strategy for the park.

(2)However, subsection (1) applies only if—

(a)the apiary permit is granted for an area (an apiary area) prescribed by regulation to be an apiary area; and

(b)the granting of the permit complies with any requirements prescribed by regulation for the apiary area.

(3)The Minister may recommend to the Governor in Council the making of a regulation prescribing an apiary area only if the Minister is satisfied—

(a)the area—

(i)was a prescribed forest reserve immediately before the commencement; and

(ii)is to be proposed for dedication as a national park after the commencement; or

(b)the area was a prescribed forest reserve before it was dedicated, or taken to be dedicated, as a national park before the commencement; or

(c)the area—

(i)was dedicated as a national park before the commencement; and

(ii)is subject to a previous use authority for beekeeping activities; or

(d)the area was, before the commencement, declared as a special management area (controlled action) for carrying out beekeeping activities; or

(e)the area is, after the commencement, dedicated as a national park and beekeeping activities were lawfully carried out or permitted on the area immediately before the dedication; or

(f)the area is, after the commencement, proposed for dedication as a national park and beekeeping activities are being lawfully carried out or are permitted on the area.

(4)Without limiting subsection (2)(b), a regulation may prescribe—

(a)requirements about sites designated for the placing of beehives in an apiary area; or

(b)limits on the number of sites for the apiary area or beehives for each site.

(5)This section does not limit, and is not limited by, section 36.

(6)This section stops applying on 1 January 2045.

(7)In this section—

apiary permit means a permit, issued or given under a regulation, to take, use, keep or interfere with a cultural or natural resource for beekeeping.

management strategy, for a national park, means any of the following for the park—

(a)the management principles;

(b)the interim or declared management intent;

(c)a management plan.

prescribed forest reserve means a forest reserve prescribed by regulation under section 184, as in force from time to time before the commencement.

previous use authority see section 36(2).

37   Chief executive’s powers to renew existing authorities for national parks

(1)In this section—

authority means a lease, agreement, permit or other authority (other than an authority permitting stock grazing or the location of beehives)—

(a)granted, made, issued or given under the former Act or the Land Act 1962 over, or in relation to, a national park under the former Act; and

(b)in force immediately before the repeal of the former Act; and

(c)continued in force under this Act.

former Act means the National Parks and Wildlife Act 1975.

(2)The chief executive may renew, or consent to the renewal of, an authority for the national park if the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area.

(3)The authority may only be renewed for—

(a)if no management plan is in force for the area when the renewal is granted—not longer than 10 years; or

(b)if a management plan is in force for the area when the renewal is granted—the term authorised under the plan.

(4)The authority may be renewed subject to the conditions the chief executive considers appropriate.

(5)This section has effect despite sections 15 and 34(2).

37A   Leases must be registered

As soon as practicable after a lease is granted under section 34, 35, 35A or 36, or renewed under section 37, the chief executive must lodge the lease or renewed lease with the registrar of titles for registration.

38   Leases may be granted under Land Act 1994

(1)Subject to subsection (2), a term lease under the Land Act 1994 may be granted over any land within a protected area as if the land were reserved and set apart under that Act for public purposes.

(2)The lease must—

(a)be consistent with—

(i)the management principles for the area; and

(ii)if a management plan is in effect for the area—the management plan for the area; and

(b)for a lease other than a rolling term lease under the Land Act 1994—be granted only with the consent of, and subject to the conditions decided by, the chief executive.

(3)The Land Act 1994 applies to the lease to the extent that it is not inconsistent with this Act.

39   Creation of interests in protected areas

Despite any other Act, an interest in land in a protected area may be created only in accordance with this Act.

Subdivision 4A Carbon abatement products

39D   Definition for sdiv 4A

In this subdivision—

owner, of land in the area of a conservation park or resources reserve, means the trustee appointed for the land under section 31.

39E   Chief executive may keep guidelines

(1)The chief executive may keep guidelines about the making of an application under this part.

(2)The Land Act 1994, section 420B applies to the chief executive for the making of the guidelines—

(a)as if a reference to the chief executive in that section were a reference to the chief executive administering this Act; and

(b)with other necessary changes.

39F   Application for right to deal with carbon abatement products

(1)An owner may apply to the chief executive to be granted a right to deal with carbon abatement products on the land.

(2)The application must be in the approved form.

39G   Deciding application

(1)The chief executive must decide whether to approve the application.

(2)In deciding the application, the chief executive must consider whether the land the subject of the application will, or is likely to, be used or dealt with under this Act in a way that is inconsistent with the grant of the proposed right.

(3)The chief executive may grant the application subject to conditions.

39H   Notice of decision

(1)As soon as practicable after deciding the application, the chief executive must give written notice of the decision to the following—

(a)the applicant; and

(b)if the chief executive approves the application—the registrar of titles.

(2)The notice must state—

(a)the decision; and

(b)if the chief executive refuses the application, or approves the application with conditions not agreed to in writing by the applicant—

(i)the reasons for the decision; and

(ii)that the applicant may seek an internal review of the decision; and

(iii)how the review is started.

39I   Internal review of chief executive’s decision

(1)The applicant may apply to the Minister for an internal review of the chief executive’s decision.

(2)The application must—

(a)be made within 42 days after notice of the decision was given to the applicant, or any longer period allowed by the Minister; and

(b)be written; and

(c)include details of the grounds on which the applicant seeks review of the decision.

39J   Decision on reconsideration

(1)After reviewing the decision (the original decision), the Minister must make a further decision (the review decision) to confirm the original decision or substitute a new decision.

(2)The Minister must immediately give written notice of the review decision to—

(a)the applicant; and

(b)if notice of the original decision was given to the registrar of titles and the Minister substitutes a new decision—the registrar of titles.

Division 3 Protected areas (Aboriginal land and Torres Strait Islander land) and Indigenous joint management areas

Subdivision 1 National parks (Aboriginal land) and national parks (Torres Strait Islander land)

40   Dedication of national park as national park (Aboriginal land) or national park (Torres Strait Islander land)

(1)This section applies to land in a national park (the national park land) if—

(a)it is not in the Cape York Peninsula region, North Stradbroke Island Region or on Moreton Island; and

(b)it becomes Aboriginal land or Torres Strait Islander land.

(2)On approval of the management statement or management plan for the national park land under section 113A or 118, the Governor in Council must, by regulation, dedicate the national park land as national park (Aboriginal land) or national park (Torres Strait Islander land).

(3)Despite any other Act, a regulation under this section takes effect on the delivery of the deed of grant over the national park land to the Indigenous landholder for the land.

41   Dedication of Aboriginal land as national park (Aboriginal land) or Torres Strait Islander land as national park (Torres Strait Islander land)

(1)This section applies to Aboriginal land or Torres Strait Islander land that is not a national park or included in a national park.

(2)If the Indigenous landholder for the land and the Minister agree on a proposal for the lease of the land, or part of the land, to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land)—

(a)the chief executive may prepare a management statement for the land; or

(b)the Minister may prepare a management plan for the land.

(3)Part 7 applies to the management statement or management plan as if it were a management statement or management plan for a protected area.

(4)The management statement or management plan must be prepared in cooperation with the Indigenous landholder, and the board of management, for the land.

(5)On—

(a)the signing of the lease; and

(b)the approval of a management statement or management plan for the land;

the Governor in Council must, by regulation, dedicate the land as national park (Aboriginal land) or national park (Torres Strait Islander land).

(6)Despite any other Act, a regulation under this section takes effect on the registration of the lease.

42   Dedication of leasehold land as national park (Aboriginal land) or national park (Torres Strait Islander land)

(1)Despite the Land Act 1994, an authorised lessee may, under this section, sublease land to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land).

(2)If an authorised lessee and the Minister agree on a proposal for the sublease of land to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land)—

(a)the chief executive may prepare a management statement for the land; or

(b)the Minister may prepare a management plan for the land.

(3)Part 7 applies to the management statement or management plan as if it were a management statement or management plan for a protected area.

(4)The management statement or management plan must be prepared in cooperation with the lessees of, and the board of management for, the land.

(5)On—

(a)the signing of a sublease; and

(b)the approval of a management statement or management plan for the land;

the Governor in Council must, by regulation, dedicate the area as national park (Aboriginal land) or national park (Torres Strait Islander land).

(6)Despite any other Act, a regulation under this section takes effect on the registration of the sublease.

(7)In this section—

authorised lessee means a lessee of land under the Land Act 1994 who the Governor in Council, by regulation, has declared to be an authorised lessee for the purpose of this section.

Subdivision 2 National parks (Cape York Peninsula Aboriginal land)

42AA   Dedication of national park as national park (Cape York Peninsula Aboriginal land)

(1)This section applies to a national park, or part of a national park, (the national park land) if—

(a)the national park land is in the Cape York Peninsula Region and becomes Aboriginal land; and

(b)the Minister is satisfied an Indigenous management agreement about the management of the Aboriginal land has been entered into.

(2)On the land becoming Aboriginal land, the Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).

(3)Despite any other Act, the dedication under the regulation is taken to have effect on the delivery of the deed of grant over the national park land to the Indigenous landholder for the land.

42AB   Dedication of Aboriginal land as national park (Cape York Peninsula Aboriginal land)

(1)This section applies to Aboriginal land that is not a national park or included in a national park if—

(a)the Indigenous landholder for the land has entered into an Indigenous management agreement for it; and

(b)the Minister and the Indigenous landholder agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land).

(2)The Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).

42AC   Dedication of other land as national park (Cape York Peninsula Aboriginal land)

(1)This section applies to land, other than land to which section 42AB applies, that is not a national park or included in a national park if—

(a)under the Aboriginal Land Act 1991, an entity has entered into an Indigenous management agreement for the land; and

(b)the Minister and the entity agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land).

(2)If the land becomes Aboriginal land—

(a)the grant of the land as Aboriginal land is subject to a condition that the land must become a national park (Cape York Peninsula Aboriginal land); and

(b)the Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).

42AD   Leases etc. over national park (Cape York Peninsula Aboriginal land)

(1)A lease, agreement, licence, permit or other authority over, or in relation to, land in a national park (Cape York Peninsula Aboriginal land), other than an agreement or a licence, permit or other authority issued or given under a regulation, may be granted, made, issued or given only—

(a)by the chief executive with the consent of the Indigenous landholder for the land; or

(b)by the Indigenous landholder for the land with the consent of the chief executive.

(2)A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with—

(a)the management principles and any management plan for the national park (Cape York Peninsula Aboriginal land); and

(b)any Indigenous land use agreement for the land; and

(c)the Indigenous management agreement for the land.

(3)If a lease is granted under subsection (1), the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration.

42AE   Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land)

(1)The chief executive and the Indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land), may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—

(a)the use under the authority is only for a service facility or an ecotourism facility; and

(b)if the use under the authority is for a service facility, the chief executive and the Indigenous landholder are satisfied—

(i)the cardinal principle for the management of national parks will be observed to the greatest possible extent; and

(ii)the use will be in the public interest; and

(iii)the use is ecologically sustainable; and

(iv)there is no reasonably practicable alternative to the use; and

(c)if the use under the authority is for an ecotourism facility, the chief executive and the Indigenous landholder are satisfied—

(i)the use will be in the public interest; and

(ii)the use is ecologically sustainable; and

(iii)the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and

(d)the use under the authority is prescribed under a regulation made for this section to be a permitted use for the protected area.

(2)Subsection (1)—

(a)has effect despite section 15; and

(b)does not limit, and is not limited by, section 42AD.

(3)If a lease is granted under subsection (1), the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration.

42AEA    Particular powers about permitted uses for existing service facilities in national park (Cape York Peninsula Aboriginal land)

(1)The chief executive and the Indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land) may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—

(a)the use under the authority is only for an existing service facility; and

(b)the chief executive and the Indigenous landholder are satisfied—

(i)the use is ecologically sustainable; and

(ii)the use does not include carrying out substantial improvements to the existing service facility.

Examples of a substantial improvement to an existing service facility—

•an upgrade of a road that provides access to a communications tower

•the replacement of a pipeline with a larger pipeline

(2)Subsection (1) applies despite sections 15 and 42AD(2), and does not limit section 42AE.

(3)As soon as practicable after a lease is granted under subsection (1), the chief executive must lodge the lease with the registrar of titles for registration.

42AF   Revocation of national park (Cape York Peninsula Aboriginal land)

(1)A regulation may revoke the dedication of all or a part of a national park (Cape York Peninsula Aboriginal land) if the land in the national park or the part of the national park has been surrendered to the State.

(2)The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

Subdivision 3 Indigenous joint management areas

42AG   Purpose of subdivision

The purpose of this subdivision is to provide for the declaration of prescribed protected areas situated in the North Stradbroke Island Region or on Moreton Island as Indigenous joint management areas.

42AH   Declaration of a prescribed protected area as Indigenous joint management area

(1)This section applies to land in a prescribed protected area (the protected area land) if—

(a)the protected area land is—

(i)in the North Stradbroke Island Region; or

(ii)on Moreton Island; and

(b)the protected area land becomes Aboriginal land; and

(c)the Minister is satisfied an Indigenous management agreement about the management of the Aboriginal land has been entered into.

(2)On the land becoming Aboriginal land, the Minister must recommend to the Governor in Council the making of a regulation declaring the protected area land as an Indigenous joint management area.

(3)Despite any other Act, the declaration under the regulation is taken to have effect on the delivery of the deed of grant over the protected area land to the Indigenous landholder for the land.

42AI   Declaration of Aboriginal land as Indigenous joint management area

(1)This section applies to Aboriginal land that is not a prescribed protected area or included in a prescribed protected area if—

(a)the land is—

(i)in the North Stradbroke Island Region; or

(ii)on Moreton Island; and

(b)the Indigenous landholder for the land has entered into an Indigenous management agreement for it; and

(c)the Minister and the Indigenous landholder agree that the land is to be managed as an Indigenous joint management area.

(2)The Minister must recommend to the Governor in Council the making of a regulation—

(a)dedicating the land as a prescribed protected area; and

(b)declaring the land as an Indigenous joint management area.

42AJ   Declaration of other land as an Indigenous joint management area

(1)This section applies to land in the North Stradbroke Island Region, other than land to which section 42AI applies, that is not a prescribed protected area or included in a prescribed protected area if—

(a)under the Aboriginal Land Act 1991, an entity has entered into an Indigenous management agreement for the land; and

(b)the Minister and the entity agree that the land is to be managed as an Indigenous joint management area.

(2)If the land becomes Aboriginal land—

(a)the grant of the land as Aboriginal land is subject to a condition that the land must become—

(i)a prescribed protected area; and

(ii)an Indigenous joint management area; and

(b)the Minister must recommend to the Governor in Council the making of a regulation—

(i)dedicating the land as a prescribed protected area; and

(ii)declaring the land as an Indigenous joint management area.

42AK   Revocation of dedication of protected area or declaration of Indigenous joint management areas

(1)A regulation may—

(a)revoke the dedication of a protected area, or part of a protected area, that is an Indigenous joint management area; or

(b)revoke the declaration of all or a part of an Indigenous joint management area;

only if the land the subject of the revocation has been surrendered to the State.

(2)A regulation under subsection (1)(a) may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

42AL   Amalgamation etc. of protected areas that are Indigenous joint management areas

(1)This section applies only to protected areas that are Indigenous joint management areas.

(2)The Governor in Council may, by regulation—

(a)amalgamate protected areas of the same class, and assign a name to the amalgamated area; or

(b)change the class of a protected area by dedicating the area as another class of protected area; or

(c)change the boundaries of a protected area.

(3)If, because of the change in the class of a protected area, the area will be given less protection under this Act, the regulation may be made—

(a)only with the consent of the Indigenous landholder for the land; and

(b)only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(4)If, because of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act), the regulation may be made only if—

(a)the land to be removed has been surrendered to the State; and

(b)the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(5)This section applies despite section 42AK.

42AM   Effect of revocation of prescribed protected area on Indigenous joint management area

(1)This section applies if—

(a)the dedication of a prescribed protected area, or part of a prescribed protected area, that is an Indigenous joint management area is revoked under this Act; or

(b)a prescribed protected area, or part of a prescribed protected area, that is an Indigenous joint management area is removed under section 42AL(2).

(2)On the revocation of the dedication of, or the removal of, the prescribed protected area or part—

(a)if the area or part is dedicated as another class of prescribed protected area—the declaration of the Indigenous joint management area continues in force; or

(b)otherwise—the declaration of the Indigenous joint management area for the protected area or part is taken to have been revoked.

42AN   Leases etc. over land in Indigenous joint management area

(1)A lease, agreement, licence, permit or other authority over, or in relation to, land in an Indigenous joint management area, other than an agreement or a licence, permit or other authority issued or given under a regulation, may be granted, made, issued or given only—

(a)by the chief executive with the consent of the Indigenous landholder for the land; or

(b)by the Indigenous landholder for the land with the consent of the chief executive.

(2)A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with—

(a)the management principles and any management plan for the Indigenous joint management area; and

(b)any Indigenous land use agreement for the land; and

(c)the Indigenous management agreement for the land.

(3)If a lease is granted under subsection (1), the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration.

42AO   Particular powers about permitted uses on land in particular Indigenous joint management areas

(1)The chief executive and the Indigenous landholder for land in a national park, or part of a national park, that is an Indigenous joint management area, may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—

(a)the use under the authority is only for a service facility or an ecotourism facility; and

(b)if the use under the authority is for a service facility, the chief executive and the Indigenous landholder are satisfied—

(i)the cardinal principle for the management of national parks will be observed to the greatest possible extent; and

(ii)the use will be in the public interest; and

(iii)the use is ecologically sustainable; and

(iv)there is no reasonably practicable alternative to the use; and

(c)if the use under the authority is for an ecotourism facility, the chief executive and the Indigenous landholder are satisfied—

(i)the use will be in the public interest; and

(ii)the use is ecologically sustainable; and

(iii)the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and

(d)the use under the authority is prescribed under a regulation made for this section to be a permitted use for the Indigenous joint management area.

(2)Subsection (1)—

(a)has effect despite section 15; and

(b)does not limit, and is not limited by, section 42AN.

(3)As soon as practicable after a lease is granted under subsection (1), the chief executive must lodge the lease with the registrar of titles for registration.

42AOA    Particular powers about permitted uses for existing service facilities on land in particular Indigenous joint management areas

(1)The chief executive and the Indigenous landholder for land in a national park, or part of a national park, that is an Indigenous joint management area, may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—

(a)the use under the authority is only for an existing service facility; and

(b)the chief executive and the Indigenous landholder are satisfied—

(i)the use is ecologically sustainable; and

(ii)the use does not include carrying out substantial improvements to the existing service facility.

Examples of a substantial improvement to an existing service facility—

•an upgrade of a road that provides access to a communications tower

•the replacement of a pipeline with a larger pipeline

(2)Subsection (1) applies despite sections 15 and 42AN(2), and does not limit section 42AO.

(3)As soon as practicable after a lease is granted under subsection (1), the chief executive must lodge the lease with the registrar of titles for registration.

42AP   Authorities for new national park that is an Indigenous joint management area

(1)This section applies if—

(a)land is, or is part of, an Indigenous joint management area; and

(b)the land is dedicated as a national park; and

(c)immediately before the dedication, the land was being used (the previous use) in a way that is inconsistent with the management principles of the park.

(2)The chief executive and the Indigenous landholder for land in the national park, or a part of the national park, that is an Indigenous joint management area, may grant an authority (a previous use authority) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication.

(3)However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959, section 56.

(4)A previous use authority must not be renewed.

(5)This section applies despite sections 15 and 42AN(2), and does not limit sections 42AO and 42AOA.

(6)In this section—

allowable term, in relation to a previous use authority, means a term no longer than—

(a)if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease—

(i)an occupation permit under the Forestry Act 1959, section 35(1)(a) under which the right of occupation is only for a service facility;

(ii)a stock grazing permit under the Forestry Act 1959, section 35(1)(c);

(iii)an apiary permit under the Forestry Act 1959, section 35(1)(d);

(iv)a sales permit under the Forestry Act 1959, section 56, for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;

(v)a lease under the Land Act 1994; or

(b)otherwise—3 years after the dedication.

authority means an agreement or a lease, licence, permit or other authority.

plant parts means the flowers, foliage, seeds or stems of the plant.

Subdivision 4 Registration

42AQ   Chief executive to lodge document for dedication, declaration or change

(1)This section applies if a regulation is made for—

(a)the dedication or declaration of the following under this division—

(i)a national park (Aboriginal land);

(ii)a national park (Torres Strait Islander land);

(iii)a national park (Cape York Peninsula Aboriginal land);

(iv)an Indigenous joint management area; or

(b)the revocation, amalgamation or other change to an Indigenous joint management area under subdivision 3.

(2)The chief executive must lodge for registration with the registrar of titles a document evidencing the matter the subject of the regulation.

(3)The document must—

(a)be lodged as soon as practicable after the dedication, declaration, revocation, amalgamation or change is made; and

(b)comply with any requirements of the registrar of titles.

(4)If the dedication, declaration, revocation, amalgamation or other change mentioned in subsection (1) affects a part of a lot with the meaning of the Land Act 1994, the document must be accompanied by a plan of subdivision for the change.

42AR   [Repealed]

Division 3A Special management areas (controlled action)

42A   Declaration of special management area (controlled action)

(1)The chief executive may, by notice, declare a prescribed national park, or part of a prescribed national park, as a special management area (controlled action) to allow activities of a type, or for a purpose, stated in—

(a)section 17(1A)(a); or

(b)section 17(1A)(b); or

(c)section 17(1A)(a) and (b).

(1A)However, if the prescribed national park is a national park (Cape York Peninsula Aboriginal land), the chief executive may only declare the special management area (controlled action) with the consent of the Indigenous landholder for the land.

(2)The notice declaring the special management area (controlled action) must—

(a)be erected or displayed at the entrance of the prescribed national park or part of the prescribed national park declared as a special management area (controlled action); and

(b)be easily visible to passers-by; and

(c)identify the limits of the area to which the notice applies; and

(d)state the prescribed activities that may be carried out in the special management area (controlled action).

(3)When the notice is erected or displayed, the chief executive must publish—

(a)a copy of the notice on the department’s website; and

(b)a notice in the gazette about the declaration of the special management area (controlled action).

(4)In this section—

prescribed activities means the activities of a kind, or for a purpose, mentioned in section 17(1A) for which the special management area (controlled action) was declared.

prescribed national park means—

(a)a national park; or

(b)a national park (Aboriginal land); or

(c)a national park (Torres Strait Islander land); or

(d)a national park (Cape York Peninsula Aboriginal land).

42B   When declaration of special management area (controlled action) ends

(1)A declaration made under section 42A(1) ends on the day the chief executive removes the notice declaring the special management area (controlled action).

(2)When the notice is removed, the chief executive must—

(a)remove the copy of the notice on the department’s website; and

(b)publish a notice in the gazette about the ending of the declaration of the special management area (controlled action).

42C   [Repealed]

42D   [Repealed]

42E   [Repealed]

42F   [Repealed]

Division 3B Special wildlife reserves

43   Application of division

(1)This division applies to the following land—

(a)freehold land;

(b)Aboriginal land and Torres Strait Islander land;

(c)land subject to a lease under the Land Act 1994;

(d)land that is a reserve under the Land Act 1994.

(2)However, this division does not apply to transferable land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991.

(3)If a relevant provision is inconsistent with a provision of another Act applying to land to which this division applies, the relevant provision prevails to the extent of the inconsistency.

(4)In this section—

relevant provision means—

(a)a provision of this division; and

(b)another provision of this Act applying to land to which this division applies because the land is in a special wildlife reserve.

43A   Proposal for declaration of special wildlife reserve

(1)This section applies if, after considering the following matters in relation to an area of land, the Minister is satisfied the area should be declared as a special wildlife reserve—

(a)the State interest;

(b)the area’s exceptional natural and cultural resources and values.

(2)The Minister must prepare a proposal for the declaration.

(3)The proposal must describe the area (the proposed reserve area) to be included in the special wildlife reserve.

(4)The description of the proposed reserve area must include the following details—

(a)the geographical area of the proposed reserve area;

(b)the proposed reserve area’s exceptional natural and cultural resources and values.

(5)The Minister must give written notice about the proposal to—

(a)each person who has an interest in land in the proposed reserve area; and

(b)each holder of an exploration permit under the Mineral Resources Act 1989 for land in the proposed reserve area; and

(c)each holder of an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 for land in the proposed reserve area; and

(d)each holder of a mining interest, geothermal tenure or GHG authority to which land in the proposed reserve area is subject.

(6)The notice must state a day by which the person may make submissions to the Minister about the proposal.

(7)If the Minister considers it is impracticable to give written notice under subsection (5) to persons of a particular class, the Minister may give the notice by taking reasonable steps to ensure the class is made aware of the proposal.

Examples of taking reasonable steps—

•advertising in newspapers or other publications

•publishing a notice on the department’s website

(8)In this section—

State interest means an interest the Minister considers to be an economic, environmental or community interest of the State.

43B   Making conservation agreement for special wildlife reserve

(1)The Minister must, for the State, enter into a conservation agreement for a proposed special wildlife reserve if—

(a)the Minister and the landholder of land in the proposed reserve area for the special wildlife reserve agree—

(i)the land should be a special wildlife reserve; and

(ii)on the terms of the agreement for the reserve; and

(b)there is an approved management program for the reserve.

(2)However, if the rights or interests of a person mentioned in section 43A(5) will be materially affected by the conservation agreement, the Minister must not enter into the agreement without the person’s written consent.

(3)Also, the Minister may enter into a conservation agreement for a proposed special wildlife reserve in the Cape York Peninsula Region only if—

(a)native title for the area has been extinguished; or

(b)for an area for which native title has not been extinguished—

(i)there is an Indigenous land use agreement for the area; and

(ii)the dedication of a special wildlife reserve over the area is allowed under the Indigenous land use agreement; and

(iii)the conservation agreement is consistent with the Indigenous land use agreement.

(4)In this section—

approved management program, for a special wildlife reserve, means a management program for the reserve approved by the Minister under section 120EC.

43C   Terms of conservation agreement for special wildlife reserve

(1)A conservation agreement must—

(a)be consistent with the management principles for a special wildlife reserve; and

(b)state it is binding on the landholder of the land and the landholder’s successors in title; and

(c)contain details of the management program for the special wildlife reserve; and

(d)contain terms prohibiting the following—

(i)the granting of a mining interest, geothermal tenure or GHG authority in relation to the land that can not be granted in relation to a special wildlife reserve under section 27;

(ii)the carrying out of an activity under the Forestry Act 1959 on the land that is prohibited from being carried out on a special wildlife reserve under that Act;

(iii)the granting of a licence or permit under the Fossicking Act 1994 in relation to the land.

(2)A conservation agreement may contain terms—

(a)requiring the State to provide financial or other assistance; or

(b)requiring the State to provide technical advice; or

(c)requiring the State to carry out stated activities; or

(d)allowing a landholder to carry out stated activities; or

(e)prohibiting a stated use of land in the special wildlife reserve; or

(f)restricting the use or management of land in the special wildlife reserve; or

(g)requiring a landholder to refrain from, or not to permit, stated activities; or

(h)requiring a landholder to carry out stated activities; or

(i)requiring a landholder to permit or restrict access to the special wildlife reserve by stated persons; or

(j)stating the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or

(k)requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement ends; or

(l)providing for any other matter relating to the conservation of nature in the special wildlife reserve, including the implementation of the management program for the reserve.

43D   Declaration of special wildlife reserve

A regulation may declare an area of land the subject of a conservation agreement as a special wildlife reserve.

43E   Agreeing to amend conservation agreement

(1)The Minister and landholders bound by a conservation agreement for a special wildlife reserve may agree to amend the agreement.

(2)However, the amendment must not adversely affect the conservation of nature in the special wildlife reserve.

(3)If the amendment materially affects the rights or interests of a person mentioned in section 43A(5), the amendment may be made only with the written consent of the person.

(4)If a regulation under section 43J is required because of the amendment, the amendment does not take effect until the regulation commences.

(5)Subsection (1) is subject to section 43C(1).

43F   Leases etc. over land in special wildlife reserve

(1)A lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve (other than an agreement or a licence, permit or other authority issued or given under a regulation) may be granted, made, issued or given only—

(a)by the chief executive under this Act with the consent of the landholder of the land; or

(b)under another Act by—

(i)the Governor in Council; or

(ii)someone else with the consent of the Minister or chief executive; or

(c)if the landholder of the land gives a lease or sublease of the land to another person—by the landholder with the consent of the chief executive.

(2)A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with the management principles and the conservation agreement for the special wildlife reserve.

(3)As soon as practicable after a lease is granted or given under subsection (1), the person who granted or gave the lease must lodge the lease for registration with the registrar of titles.

43G   Service facilities over land in special wildlife reserve

(1)The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if—

(a)the use under the authority is only for a new service facility; and

(b)the landholder of the land consents to the use; and

(c)the chief executive is satisfied—

(i)the management principles and the conservation agreement for the special wildlife reserve will be observed to the greatest possible extent; and

(ii)the use will be in the public interest; and

(iii)the use is ecologically sustainable; and

(iv)there is no reasonably practicable alternative to the use; and

(d)the use is prescribed by regulation to be a permitted use for the special wildlife reserve.

(2)The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if—

(a)the use under the authority is only for an existing service facility; and

(b)the chief executive is satisfied the use—

(i)is ecologically sustainable; and

(ii)does not include carrying out substantial improvements to the existing service facility.

Examples of a substantial improvement to an existing service facility—

•an upgrade of a road that provides access to a communications tower

•the replacement of a pipeline with a larger pipeline

(3)Subsections (1) and (2)—

(a)have effect despite section 15; and

(b)do not limit, and are not limited by, section 43F.

(4)In this section—

new service facility means a service facility, other than an existing service facility.

43H   Previous use authorities in special wildlife reserve

(1)This section applies if—

(a)land is declared as a special wildlife reserve; and

(b)immediately before the declaration, the land was being used (the previous use) by a person other than the landholder of the land in a way that is inconsistent with the management principles and conservation agreement for the special wildlife reserve.

(2)The chief executive may grant an authority (a previous use authority) to the person over, or in relation to, the land to allow the previous use to continue for no longer than the allowable term.

(3)A previous use authority must not be renewed.

(4)This section—

(a)applies despite sections 15, 43F(1)(a) and 43F(2); and

(b)does not limit section 43G(2).

(5)In this section—

allowable term, in relation to previous use on a special wildlife reserve, means—

(a)if the previous use was under an authority—the unexpired term of the authority; or

(b)otherwise—3 years after the declaration of the reserve.

authority means an agreement, lease, licence, permit or other authority.

43I   Amalgamation of special wildlife reserves

A regulation may—

(a)amalgamate the areas of 2 or more special wildlife reserves; and

(b)assign a name to the amalgamated area.

43J   Revocation of special wildlife reserves

(1)A regulation may revoke the declaration of all or part of a special wildlife reserve.

(2)The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(3)Subsection (2) does not apply if the regulation—

(a)makes a minor change to the boundaries of a special wildlife reserve and the Minister is satisfied the change does not adversely affect the conservation of nature; or

Example for paragraph (a)—

changing the boundaries of a special wildlife reserve to align with a new survey of an existing road

(b)increases the area of land in a special wildlife reserve and the Minister is satisfied the increase does not adversely affect the conservation of nature; or

(c)dedicates the land subject of the revocation as a national park (scientific) or a national park.

(4)If the regulation revokes the declaration of all of a special wildlife reserve, the conservation agreement and management program for the reserve end on the revocation.

(5)If the regulation revokes the declaration of part of a special wildlife reserve, on the revocation, the conservation agreement and management program for the reserve stop having effect in relation to the land removed from the reserve.

43K   Conservation agreements for special wildlife reserves binding

(1)A conservation agreement for a special wildlife reserve is binding on—

(a)the landholder of the land in the reserve; and

(b)the landholder’s successors in title; and

(c)any other person with an interest in land in the reserve who consented to the agreement.

(2)Subsection (1) applies even if—

(a)there is a lease or reserve under the Land Act 1994 over the land in the special wildlife reserve; and

(b)under the Land Act 1994—

(i)the lease is renewed or extended; or

(ii)the lease is converted to freehold land or a different type of lease; or

(iii)the reserve is converted to freehold land or a different type of reserve.

43L   Consent for transfer or surrender of land or expiry of lease

(1)This section applies if—

(a)a special wildlife reserve is declared over freehold land or land in a lease under the Land Act 1994; and

(b)a person intends, under the Land Act 1994, to do any of the following—

(i)surrender all or part of the freehold land or lease;

(ii)allow the lease to expire at the end of its term;

(iii)transfer the lease.

(2)The person must obtain the chief executive’s written consent—

(a)for the surrender or transfer before seeking approval from the chief executive (lands) to surrender the freehold land or lease, or transfer the lease; or

(b)for the expiry before giving an expiry advice under the Land Act 1994 to the chief executive (lands).

Division 4 Nature refuges and coordinated conservation areas

44   Proposal for declaration of nature refuge

(1)If the Minister is satisfied that an area should be declared a nature refuge, the Minister must prepare a proposal for the declaration.

(2)The proposal for the declaration must—

(a)describe the lands to be included in the nature refuge; and

(b)specify the proposed management intent for the nature refuge.

(3)The Minister must give written notice to all landholders affected by the proposal.

(4)The notice must specify a day by which the landholders may make submissions to the Minister relating to the proposal.

(5)If the Minister considers that it is impracticable to give notice to each landholder of a particular class, it is sufficient compliance with subsection (3) if the Minister gives notice to the class by publishing a notice in such newspapers as the Minister determines.

(6)In this section—

landholder includes a person having an interest in land.

45   Conservation agreements for nature refuges

(1)If the Minister and landholders concerned agree on—

(a)a proposal that an area should be a nature refuge; and

(b)the management intent for the nature refuge; and

(c)the terms of a proposed conservation agreement for the nature refuge to be made between the State and the landholders;

the Minister must, for the State, enter into the conservation agreement.

(2)However, if the rights of any of the following persons will be materially affected by the conservation agreement, the Minister must not enter into it without that person’s written consent—

(a)if land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder or authority holder;

(b)if land in the area is subject to an encumbrance—the person entitled to the benefit of the encumbrance.

(3)The conservation agreement must be consistent with the management principles for a nature refuge.

(4)The conservation agreement may contain terms that are binding on—

(a)the State; and

(b)a landholder and the landholder’s successors in title.

(5)Without limiting subsection (4), the conservation agreement may contain terms—

(a)requiring the State to provide financial or other assistance; or

(b)requiring the State to provide technical advice; or

(c)requiring the State to carry out specified activities; or

(d)allowing a landholder to carry out specified activities; or

(e)prohibiting a specified use of land in the nature refuge; or

(f)restricting the use or management of land in the nature refuge; or

(g)requiring a landholder to refrain from, or not to permit, specified activities; or

(h)requiring a landholder to carry out specified activities; or

(i)requiring a landholder to permit or restrict access to the nature refuge by specified persons; or

(j)specifying the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or

(k)requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement is terminated under section 47(2); or

(l)providing for any other matter relating to the conservation of the nature refuge, including the implementation of any management plan for the nature refuge.

46   Declaration of nature refuges

(1)A regulation may declare a specified area of State land, or the area the subject of a conservation agreement, as a nature refuge.

(2)The regulation must specify—

(a)the declared management intent for the nature refuge; and

(b)the duration of the declaration, which must, if the area is the subject of a conservation agreement, be the duration of the agreement.

(3)For subsection (2)(b), a reference in the regulation to the duration of the conservation agreement for the area is, if the agreement is terminated and replaced by another agreement under section 48, a reference to the duration of the other agreement.

(4)In subsection (1)—

State land includes a reserve under the Land Act 1994.

47   Duration and termination of conservation agreements

(1)A conservation agreement has effect until it expires under its terms unless—

(a)it is terminated under subsection (2) or by another agreement under section 48; or

(b)the declaration of the nature refuge or coordinated conservation area to which it relates is revoked.

(2)Subject to section 48, a conservation agreement may be terminated only if—

(a)in the case of a nature refuge—

(i)the landholder who entered into the agreement requests its termination under the terms of the agreement; and

(ii)the Minister is of the opinion that the nature refuge to which the agreement relates is no longer needed for, or is no longer capable of being used to achieve, the declared management intent for the nature refuge; or

(b)in the case of a coordinated conservation area—the landholder requests its termination under the terms of the agreement.

48   Variation or replacement of conservation agreements

(1)The State and the landholders bound by a conservation agreement for a nature refuge or coordinated conservation area (the earlier agreement) may enter into another conservation agreement for the nature refuge or coordinated conservation area (the later agreement) that varies, or terminates and replaces, the earlier agreement.

202   Change in class does not affect instruments applying to an area

(1)This section applies if, under this subdivision, an area is changed from an old class of protected area to another class of protected area (the new class).

(2)Any of the following (each a relevant instrument) in force for the area immediately before the commencement continues to apply to the area as a protected area of the new class—

(a)a lease, agreement, licence, permit or other authority;

(b)a management statement;

(c)a management plan;

(d)a direction, requirement, notice or decision given or made, in writing, under this Act.

(3)The relevant instrument continues in force for the area until it expires, is terminated or repealed or otherwise ends under its terms or this Act.

(4)Subsections (2) and (3) apply even if the relevant instrument authorises the carrying out of activities in the area that are not consistent with the management principles for protected areas of the new class.

203   Particular previous use authorities continue

(1)This section applies to a previous use authority taken to have been granted by the chief executive under section 173R(2) as in force before the commencement if the authority is still in force immediately before the commencement.

(2)Section 173R(3) and (4) of the unamended Act continue to apply to the previous use authority as if the amendment Act had not been enacted.

204   Deciding application for lease etc. for a protected area of an old class

(1)This section applies to an application for a lease, agreement, licence, permit or other authority (the relevant authority) that—

(a)was made, but not decided, under this Act before the commencement; and

(b)is for a protected area of an old class that, under this subdivision, is changed to a protected area of another class (the new class).

(2)The application is to be decided, as an application for the relevant authority for a protected area of the old class, under the unamended Act, as if the amendment Act had not been enacted.

(3)If the application is granted, the chief executive must give or grant to the applicant the relevant authority for the area as a protected area of the new class.

(4)To remove any doubt, it is declared that subsection (3) applies even if the carrying out of the activities under the relevant authority is not consistent with the management principles for protected areas of the new class.

(5)However, the grounds on which the chief executive may refuse an application to renew the relevant authority include the ground that the carrying out of the activities under the authority is not consistent with the management principles for protected areas of the new class.

Division 6 Transitional provisions for Nature Conservation and Other Legislation Amendment Act 2016

205   Definitions for division

In this division—

old class, of protected area, means—

(a)a national park in which an area of the national park was declared as a special management area (scientific) under the unamended Act; or

(b)a regional park under the unamended Act.

unamended Act means this Act as in force immediately before the commencement.

206   Application of division

This division applies despite any provision of division 5.

207   Special management area (scientific) taken to be national park (scientific)

On the commencement, each special management area (scientific) under the unamended Act is taken to be a national park (scientific).

208   Regional park (general) taken to be conservation park

On the commencement, each regional park (general) under the unamended Act is taken to be a conservation park.

209   Regional park (resource use area) taken to be resources reserve

On the commencement, each regional park (resource use area) under the unamended Act is taken to be a resources reserve.

210   References to particular protected areas

From the commencement, in an Act or document—

(a)a reference to a special management area (scientific) may, if the context permits, be taken to be a reference to a national park (scientific); and

(b)a reference to a regional park may, if the context permits, be taken to be a reference to a conservation park or resources reserve; and

(c)a reference to a regional park (general) may, if the context permits, be taken to be a reference to a conservation park; and

(d)a reference to a regional park (resource use area) may, if the context permits, be taken to be a reference to a resources reserve.

211   Trustees of regional park (general)

(1)This section applies if, immediately before the commencement, an area was a regional park (general) under the management of trustees under this Act.

(2)A person who was, immediately before the commencement, a trustee of the area under this Act, continues to be a trustee of the area as a conservation park under this Act.

(3)The trust over the area continues as a trust under this Act over the area as a conservation park.

212   Trustees of regional park (resource use area)

(1)This section applies if, immediately before the commencement, an area was a regional park (resource use area) under the management of trustees under this Act.

(2)A person who was, immediately before the commencement, a trustee of the area under this Act, continues to be a trustee of the area as a resources reserve under this Act.

(3)The trust over the area continues as a trust under this Act over the area as a resources reserve.

213   Change in class does not affect instruments applying to an area

(1)This section applies if, under this division, an area is changed from an old class of protected area to another class of protected area (the new class).

(2)Any of the following (each a relevant instrument) in force for the area immediately before the commencement continues to apply to the area as a protected area of the new class—

(a)a lease, agreement, licence, permit or other authority under this Act or another Act;

(b)a management statement;

(c)a management plan;

(d)a direction, requirement, notice or decision given or made, in writing, under this Act.

(3)The relevant instrument continues in force for the area until it expires, is terminated or repealed or otherwise ends under its terms, under this Act or another Act.

(4)Subsections (2) and (3) apply even if the relevant instrument authorises the carrying out of activities in the area that are not consistent with the management principles for protected areas of the new class.

214   Deciding application for relevant authorities

(1)This section applies to an application for a lease, agreement, licence, permit or other authority (the relevant authority) that—

(a)was made, but not decided, under this Act before the commencement; and

(b)is for a protected area of an old class that, under this division, is changed to a protected area of another class (the new class).

(2)The application is to be decided, as an application for the relevant authority for a protected area of the old class—

(a)under this Act as in force before the commencement; and

(b)as if the Nature Conservation and Other Legislation Amendment Act 2016 had not been enacted.

(3)If the application is granted, the chief executive must give or grant to the applicant the relevant authority for the area as a protected area of the new class.

(4)To remove any doubt, it is declared that subsection (3) applies even if the carrying out of the activities under the relevant authority is not consistent with the management principles for protected areas of the new class.

(5)However, the grounds on which the chief executive may refuse an application to renew the relevant authority include the ground that the carrying out of the activities under the authority is not consistent with the management principles for protected areas of the new class.

Division 7 Transitional provision for Queensland Future Fund (Titles Registry) Act 2021

215   Application of ss 187, 188 and 194

Sections 187, 188 and 194 apply as if a reference in the provisions to the chief executive (lands) were a reference to the registrar of titles.

Division 8 Transitional provisions for Nature Conservation and Other Legislation Amendment Act 2022

216   Review of existing original decisions

(1)This section applies if—

(a)before the commencement, a decision was made that was an original decision under a former review provision; and

(b)immediately before the commencement, any of the following circumstances applied, under a former review provision, in relation to the decision—

(i)the period during which an application for internal review, external review or a stay of the decision could be made had not ended;

(ii)an application made under a former review provision had not been decided.

(2)The application may be decided, or made and decided, under the former review provision as if the Nature Conservation and Other Legislation Amendment Act 2022, part 4, division 2 had not been enacted.

(3)In this section—

former review provision means each of the following provisions, as in force immediately before the commencement—

(a)the Nature Conservation (Animals) Regulation 2020, chapter 11, part 1;

(b)the Nature Conservation (Plants) Regulation 2020, chapter 11, part 1;

(c)the Nature Conservation (Protected Areas Management) Regulation 2017, chapter 8B, part 1.

217   Things seized before commencement

(1)This section applies if—

(a)before the commencement, a thing was seized under the Act; and

(b)immediately before the commencement, the thing had not been released, sold, disposed of or otherwise dealt with in the way required under a former seizure provision.

(2)The thing may be released, sold, disposed of or otherwise dealt with under the former seizure provision as if the Nature Conservation and Other Legislation Amendment Act 2022, part 4, division 2 had not been enacted.

(3)In this section—

former seizure provision means each of the following provisions, as in force immediately before the commencement—

(a)part 9;

(b)the Nature Conservation (Animals) Regulation 2020, chapter 11, part 2;

(c)the Nature Conservation (Plants) Regulation 2020, chapter 11, part 2;

(d)the Nature Conservation (Protected Areas Management) Regulation 2017, chapter 8.

218   Existing approved forms

(1)This section applies in relation to a form that was—

(a)approved by the chief executive under a former relevant provision; and

(b)in effect immediately before the commencement.

(2)On the commencement, the form is taken to be approved by the chief executive under section 174D for the purpose for which it was approved under the former relevant provision.

(3)In this section—

former relevant provision means each of the following provisions, as in force from time to time before the commencement—

(a)the Nature Conservation (Animals) Regulation 2020, section 396;

(b)the Nature Conservation (Plants) Regulation 2020, section 207;

(c)the Nature Conservation (Protected Areas Management) Regulation 2017, section 159BL.

219   Existing apiary permits continue

(1)An existing apiary permit continues in effect, subject to any conditions applying to the permit immediately before the commencement, until the earliest of the following—

(a)the surrender of the permit;

(b)the term of the permit ends;

(c)the permit is suspended or cancelled.

(2)For applying subsection (1), former section 184 and a former regulation provision continue to apply to the existing apiary permit as if former section 184 had not been repealed.

(3)In this section—

existing apiary permit means an authorisation that—

(a)was granted to a person under a former regulation provision; and

(b)authorised the person to take, use, keep or interfere with a cultural or natural resource for an apiary in a national park or national park (recovery); and

(c)was in effect immediately before the commencement.

former regulation provision means a provision of a regulation, as in force immediately before the commencement—

(a)made under former section 184; or

(b)that applied because of former section 184.

former section 184 means section 184 as in force immediately before the commencement.

Division 9 Validation and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2025

220   Validation of regulation authorities

(1)This section applies if—

(a)before the commencement, a regulation authority was purportedly dealt with by the operation of an automated system; and

(b)at the relevant time, the authority could have been lawfully dealt with by the chief executive under the relevant Act.

(2)The regulation authority is taken to be as valid and lawful as if the authority had been lawfully dealt with at the relevant time by the chief executive under the relevant Act.

(3)For applying subsection (2), a matter required to have been considered by the chief executive under the relevant Act is taken to have been considered by the chief executive at the relevant time when the regulation authority was dealt with.

(4)Anything done or omitted to be done that would have been valid and lawful under this Act or another Act, had the regulation authority been lawfully dealt with, is taken to be, and always to have been, valid and lawful.

(5)In this section—

automated system means an electronic system operated from time to time by public service employees of the department.

dealt with, in relation to a regulation authority, means the authority was issued, given, granted, amended or renewed.

regulation authority means a licence, permit or other authority mentioned in a regulation made under the relevant Act.

relevant Act, in relation to a regulation authority, means the Act as in force at the relevant time.

relevant time, in relation to a regulation authority, means the time the authority was purportedly dealt with.

221   Electronic system approved before commencement

(1)This section applies if—

(a)before the commencement, the chief executive approved the use of an electronic system for an automated purpose; and

(b)immediately before the commencement, the approval was in effect.

(2)The electronic system is taken to be approved by the chief executive under section 143BA(1) for the same automated purpose for the period—

(a)starting on the commencement; and

(b)ending when the chief executive cancels the approval, whether to give a new approval under section 143BA(1) or otherwise.

(3)In this section—

automated purpose means automatically issuing, giving, granting, amending, cancelling or renewing, by the operation of an electronic system, a licence, permit or other authority mentioned in a regulation made under this Act.

Schedule Dictionary

section 7

Aboriginal land has the meaning given by the Aboriginal Land Act 1991, section 8.

Aboriginal people ...

Aboriginal tradition ...

Aborigine ...

affected person, for part 8A, see section 143C.

aircraft—

(a)means a machine or craft that can derive support in the atmosphere from the reactions of the air or from buoyancy; but

(b)does not include—

(i)a hovercraft; or

(ii)another machine or craft prescribed by regulation not to be an aircraft.

animal means any member of the animal kingdom (other than human), (whether alive or dead), and includes—

(a)any—

(i)amphibian; or

(ii)bird; or

(iii)coral; or

(iv)fish; or

(v)invertebrate; or

(vi)mammal; or

(vii)reptile; and

(b)the whole or any part of—

(i)the progeny, larvae, pupae, eggs or genetic or reproductive material of an animal; and

(ii)the carcass or another part of an animal.

appliance means anything used or capable of being used for taking, or facilitating the taking of, wildlife or a cultural or natural resource, and includes—

(a)a weapon within the meaning of the Weapons Act 1990; and

(b)an explosive within the meaning of the Explosives Act 1999; and

(c)a trap, snare, net or birdlime; and

(d)a decoy; and

(e)poison; and

(f)a torch or other artificial light; and

(g)a shovel, hoe, pick, mattock, saw, axe, knife or other implement.

approved form means a form approved by the chief executive under section 174D.

area of major interest means an area that contains natural resources of significant nature conservation value.

Australia includes the external Territories.

authorised person means any of the following—

(a)the chief executive, performing functions under this Act;

(b)a public service employee of the department performing functions under this Act for the chief executive;

(c)a conservation officer who is not an employee of the department and who is performing functions under this Act for the chief executive.

authorised purpose, in relation to the use of protected wildlife, means a purpose that—

(a)will provide some significant benefit to wildlife or humans, including, for example, the development of drugs for the treatment of disease; and

(b)is authorised under a conservation plan for the wildlife.

biological diversity has the meaning given by section 10.

boat means a boat, ship or other vessel of any size or kind, and includes a hovercraft.

buy includes—

(a)agree or offer to buy; and

(b)receive or accept under an agreement; and

(c)agree to receive or accept under an agreement; and

(d)offer or attempt to receive or accept under an agreement; and

(e)cause or permit to be received or accepted under an agreement; and

(f)acquire by exchange; and

(g)accept on hire or lease.

Cape York Peninsula Region means the Cape York Peninsula Region under the Cape York Peninsula Heritage Act 2007.

captive breeding agreement see section 100B(1).

carbon abatement product means all or any of the following—

(a)living biomass;

(b)dead organic matter;

(c)soil;

(d)carbon sequestration by, and carbon stored in, a carbon abatement product mentioned in paragraphs (a) to (c).

carbon sequestration, for living biomass, dead organic matter or soil, includes—

(a)the process by which the biomass, matter or soil removes and stores carbon dioxide from the atmosphere; and

(b)the use of the biomass, matter or soil to avoid, reduce or eliminate greenhouse gas emissions.

carcass of an animal includes—

(a)its flesh, organs or body fluids; and

(b)its feathers, hair, fur, skin, scales, shell or exoskeleton; and

(c)its bones, horns, antlers, teeth or tusks.

chief executive ...

chief executive (lands) ...

CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington in the United States of America on 3 March 1973.

Editor’s note—

The English text of the convention is set out in Australian Treaty Series 1976 No. 29.

claim period, for part 9, division 2, see section 154A.

common wildlife ...

conservation has the meaning given by section 9.

conservation agreement means—

(a)for a special wildlife reserve—a conservation agreement entered into under section 43B or amended under section 43E; or

(b)for a nature refuge—a conservation agreement entered into under section 45 or 48; or

(c)for a coordinated conservation area—a conservation agreement entered into under—

(i)section 45 as in force before the commencement of the Nature Conservation and Other Legislation Amendment Act (No. 2) 2013, section 43; or

(ii)section 48.

conservation covenant means a covenant applying to the declaration of a nature refuge under section 49.

conservation officer means a conservation officer appointed under this Act.

conservation park means an area dedicated under this Act as a conservation park.

conservation plan means a conservation plan approved under part 7.

conservation value of protected wildlife means the conservation value prescribed under this Act in relation to the wildlife.

conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.

coordinated conservation area means an area declared as a coordinated conservation area under section 46 as in force before the commencement of the Nature Conservation and Other Legislation Amendment Act (No. 2) 2013, section 44.

court, for part 10, division 2, see section 173A.

critical habitat has the meaning given by section 13.

critically endangered wildlife means native wildlife prescribed under this Act as critically endangered wildlife.

Crown land ...

cultural resources of a protected area means places or objects that have anthropological, archaeological, historical, scientific, spiritual or sociological significance or value, including such significance or value under Aboriginal tradition or Ailan Kastom.

dangerous seized thing, for part 9, division 2, see section 154G(1).

ecologically sustainable use has the meaning given by section 11.

ecotourism means tourism that is ecologically sustainable and primarily focused on experiencing an area in a way that fosters understanding, appreciation and conservation of the area and its natural and cultural values.

ecotourism facility, for land, means a facility that—

(a)is designed and managed to facilitate the presentation, appreciation and conservation of the land’s natural condition and cultural resources and values (the primary purpose); and

(b)is managed in a way that does not allow an activity to be carried out on the land that—

(i)is inconsistent with the primary purpose; and

(ii)would require a significant change to the land’s natural condition or would adversely affect the conservation of the land’s cultural resources and values.

Example of an activity for subparagraph (ii)—

the construction of a golf course, amusement park or casino on the land

EIS means an environmental impact statement.

endangered wildlife means native wildlife that is prescribed under this Act as endangered wildlife.

enforcement order see section 173D(1)(a).

executive officer of a corporation means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the management of the corporation.

existing service facility means—

(a)for land in a national park, other than land stated in paragraph (c)—a service facility in existence on the land immediately before the land was dedicated as a national park; or

(b)for land in a national park (Cape York Peninsula Aboriginal land)—a service facility in existence on the land immediately before the land was dedicated as a national park (Cape York Peninsula Aboriginal land); or

(c)for land in a national park, or part of a national park, that is an Indigenous joint management area—a service facility in existence on the land immediately before the land was declared as an Indigenous joint management area; or

(d)for land in a special wildlife reserve—a service facility in existence on the land immediately before the land was declared as a special wildlife reserve.

extinct in the wild wildlife means native wildlife prescribed under this Act as extinct in the wild wildlife.

extinct wildlife means native wildlife prescribed under this Act as extinct wildlife.

fee includes tax.

forest reserve see section 70B.

geothermal tenure see the Geothermal Energy Act 2010, section 19(2).

GHG authority means a GHG authority under the Greenhouse Gas Storage Act 2009.

habitat of wildlife includes an area that is not presently occupied by the wildlife.

honorary protector means an honorary protector appointed under this Act.

hovercraft means a vehicle designed to be supported on a cushion of air.

indigenous joint management area ...

Indigenous joint management area means an area declared under this Act as an Indigenous joint management area.

indigenous landholder ...

Indigenous landholder, for a protected area or land, means the entity that, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991, is the trustee for the protected area or land.

indigenous land use agreement ...

Indigenous land use agreement means an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements under the Native Title Act 1993 (Cwlth).

indigenous management agreement ...

Indigenous management agreement, in relation to land, means an indigenous management agreement under the Aboriginal Land Act 1991 about the management of the land.

indigenous to Australia, in relation to wildlife, means—

(a)wildlife that was not originally introduced to Australia by human intervention (other than wildlife introduced before the year 1600); or

(b)a migratory animal that periodically or occasionally migrates to, or visits, Australia.

indigenous to Queensland ...

information notice, for an original decision, means a written notice stating the following information—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.

(c)that the person to whom the notice is given may ask for a review of the decision under this Act;

(d)how, and the period within which, the review may be started;

(e)if the person may apply for a stay of the operation of the decision under this Act—how the person may apply for the stay.

interest, in relation to land, includes a mining interest, geothermal tenure or GHG authority.

interfere with, in relation to a cultural or natural resource, includes destroy, damage, mark, move and dig up.

interim conservation order means an order made under part 6.

interim enforcement order see section 173D(1)(b).

internal review, for part 8A, see section 143C.

internal review decision, for part 8A, see section 143C.

international agreement area ...

international wildlife means wildlife that is prescribed under this Act as international wildlife.

in the wild, in relation to wildlife, means in an independent state of natural liberty.

Island custom ...

keep, in relation to a cultural or natural resource or wildlife, includes have in possession, or under control, in any place (whether for the use or benefit of the person in relation to whom the term is used or another person), even though another person has the actual possession or custody.

land includes—

(a)the airspace above land; and

(b)land that is, or is at any time, covered by waters; and

(c)waters.

landholder includes—

(a)for a reserve under the Land Act 1994—the trustees of the reserve; and

(b)for land leased under the Land Act 1994—the lessee of the land; and

(c)for a conservation agreement in relation to transferred land as defined under the Aboriginal Land Act 1991—the Indigenous landholder for the transferred land under that Act.

land trust ...

least concern wildlife means native wildlife prescribed under this Act as least concern wildlife.

management plan means a management plan approved under part 7.

management program, for a special wildlife reserve, means a management program or amended management program approved under part 7, division 6.

management statement means a management statement made by the chief executive under part 7.

mining interest means—

(a)a mining claim, mineral development licence or mining lease granted under the Mineral Resources Act 1989; or

(b)a petroleum lease granted under the Petroleum Act 1923 or Petroleum and Gas (Production and Safety) Act 2004.

Moreton Island means land on Moreton Island that is above the ordinary high-water mark at spring tide.

national park means an area dedicated under this Act as a national park.

national park (Aboriginal land) means an area dedicated under this Act as a national park (Aboriginal land).

national park (Cape York Peninsula Aboriginal land) means an area dedicated under this Act as a national park (Cape York Peninsula Aboriginal land).

national park (recovery) ...

national park (scientific) means an area dedicated under this Act as a national park (scientific).

national park (Torres Strait Islander land) means an area dedicated under this Act as a national park (Torres Strait Islander land).

native wildlife means any taxon or species of wildlife indigenous to Australia.

natural resources, in relation to—

(a)a protected area; or

(b)an area identified under a regulation or conservation plan as, or including—

(i)a critical habitat; or

(ii)an area of major interest;

means the natural and physical features of the area, including wildlife, soil, water, minerals and air.

nature has the meaning given by section 8.

nature-based, in relation to the use of a protected area, includes scientific, educational, spiritual, intellectual, cultural, recreational and biodiscovery under the Biodiscovery Act 2004.

nature refuge means an area declared under this Act as a nature refuge.

near threatened wildlife means native wildlife prescribed under this Act as near threatened wildlife.

nominated offence, for part 10, division 2, see section 173A.

North Stradbroke Island Region means the parts of the State shown as ‘Area A’ and ‘Area B’ on the map titled ‘NSI 1’—

(a)approved by the chief executive on 18 March 2011; and

(b)held in digital electronic form by the department; and

(c)available for inspection by the public.

official name of trustees of a protected area means trustees of (name of the area).

original decision, for part 8A, see section 143C.

owner—

(a)of land, for part 4, division 2, subdivision 4A, see section 39D; or

(b)of a seized thing, for part 9, division 2, see section 154A.

person, for part 10, division 2, see section 173A.

place includes—

(a)vacant land or premises; and

(b)a vehicle, boat or aircraft.

place of seizure, in relation to a thing, means the place where the thing was seized.

planning scheme ...

plant means any member of the plant or fungus kingdom (whether alive or dead and standing or fallen), and includes—

(a)any—

(i)flowering plant; or

(ii)cycad; or

(iii)conifer; or

(iv)fern or fern ally; or

(v)moss; or

(vi)liverwort; or

(vii)alga; or

(viii)fungus; or

(ix)lichen; and

(b)the whole or any part of the flowers, seeds or genetic or reproductive material of a plant.

premises includes—

(a)a building or structure, or a part of a building or structure, of any kind; and

(b)the land on which a building or structure is situated; and

(c)a vehicle, boat or aircraft.

prescribed protected area means a protected area of a following class—

(a)national park (scientific);

(b)national park;

(c)conservation park;

(d)resources reserve.

presumed extinct wildlife ...

procaryote means a unicellular organism lacking a true nucleus, and includes bacteria and cyanobacteria.

prohibited wildlife means wildlife that is prescribed under this Act as prohibited wildlife.

proposed reserve area, for part 4, division 3B, see section 43A(3).

protect includes rehabilitate.

protected animal means an animal that is prescribed under this Act as threatened, near threatened or least concern wildlife, but does not include a processed product that—

(a)is made or derived from a protected animal; and

(b)is declared under a regulation or conservation plan for the protected animal to be a processed product that is not included in this definition.

protected area means a protected area of a class mentioned in section 14.

protected plant means a plant that is prescribed under this Act as threatened, near threatened or least concern wildlife, but does not include a processed product that—

(a)is made or derived from a protected plant; and

(b)is declared under a regulation or conservation plan for the protected plant to be a processed product that is not included in this definition.

protected wildlife means native wildlife prescribed under this Act as—

(a)extinct wildlife; or

(b)extinct in the wild wildlife; or

(c)critically endangered wildlife; or

(d)endangered wildlife; or

(e)vulnerable wildlife; or

(f)near threatened wildlife; or

(g)least concern wildlife.

protista means a unicellular organism other than a procaryote.

QCAT information notice, for part 8A, see section 143C.

rare wildlife ...

reasonably believes means believes on grounds that are reasonable in the circumstances.

recreational craft means—

(a)the following aircraft—

(i)a hot air balloon;

(ii)a hang-glider;

(iii)a paraglider;

(iv)an ultralight aircraft; or

(b)the following wheeled devices—

(i)a kite buggy;

(ii)a land windsurfing board; or

(c)another craft or device prescribed by regulation to be a recreational craft.

regeneration plan ...

regional park ...

regional park (general) ...

regional park (resource use area) ...

registrar ...

registrar of titles means the registrar of titles under the Land Title Act 1994.

resources reserve means an area dedicated under this Act as a resources reserve.

seized thing, for part 9, division 2, see section 154A.

seizure notice, for part 9, division 2, see section 154A.

sell includes—

(a)auction, exchange or supply; and

(b)keep, expose, supply or receive for sale; and

(c)send or deliver for sale; and

(d)dispose of by hire or lease; and

(e)cause or permit the doing of an act mentioned in paragraph (a), (b), (c) or (d); and

(f)offer or attempt to do an act mentioned in paragraph (a), (b), (c) or (d); and

(g)offer or attempt to sell; and

(h)cause or permit to be sold.

SEQ horse riding trail network see section 70BA.

service facility means any of the following—

(a)a communications facility, including for example, a communications tower or cable;

(b)a device designed to be used for navigation or the guidance of aircraft or vessels;

(c)a transmission grid or supply network under the Electricity Act 1994;

(d)a pipeline for oil or gas;

(e)a water supply or sewerage facility, including, for example, a pipeline or pumping station.

special conservation officer means a special conservation officer appointed under this Act.

special least concern plant means a least concern plant prescribed under section 88D.

special management area ...

special management area (controlled action) means an area declared under this Act as a special management area (controlled action).

special management area (scientific) ...

special wildlife reserve means an area declared under this Act as a special wildlife reserve.

species means a species, subspecies, hybrid, variant, race, mutation or geographically separate population of any animal or plant.

State includes Territory.

State land means all land in the State that is not—

(a)freehold land, or land contracted to be granted in fee-simple by the State; or

(b)a reserve under the Land Act 1994; or

(c)subject to a lease or licence under the Land Act 1994, unless the land is in a forest reserve; or

(d)subject to a mining interest, geothermal tenure or GHG authority.

stock means alpacas, buffalo, camels, cattle, donkeys, deer, goats, horses, llama, ostriches, peafowl or sheep.

take includes—

(a)in relation to an animal—

(i)hunt, shoot, wound, kill, skin, poison, net, snare, spear, trap, catch, dredge for, bring ashore or aboard a boat, pursue, lure, injure or harm the animal; or

(ii)attempt to do an act mentioned in subparagraph (i); and

(b)in relation to a plant—

(i)gather, pluck, cut, pull up, destroy, dig up, fell, remove or injure the plant or any part of the plant; or

(ii)attempt to do an act mentioned in subparagraph (i).

threatened wildlife means native wildlife that is prescribed under this Act as—

(a)extinct wildlife; or

(b)extinct in the wild wildlife; or

(c)critically endangered wildlife; or

(d)endangered wildlife; or

(e)vulnerable wildlife.

threatening process has the meaning given by section 12.

Torres Strait Islander ...

Torres Strait Islander land has the meaning given by of the Torres Strait Islander Land Act 1991, section 7.

unnatural hybrid of wildlife means a hybrid, variant, race or mutation of the wildlife that has been derived because of manipulation by humans.

use, in relation to a cultural or natural resource or wildlife, includes buy, sell, give away, process, move or gain any benefit from the resource or wildlife.

vulnerable wildlife means native wildlife that is prescribed under this Act as vulnerable wildlife.

waters means Queensland waters.

wild by nature, in relation to wildlife, means derived because of natural ecological and biological processes and not because of manipulation by humans.

wilderness means an area that is, or can be restored to be—

(a)of sufficient size to enable the long-term protection of its natural systems and biological diversity; and

(b)substantially undisturbed by modern society; and

(c)remote at its core from points of mechanised access and other evidence of society.

wilderness area ...

wildlife means any taxon or species of an animal, plant, protista, procaryote or virus.

wild river declaration ...

World Heritage Convention ...

World Heritage management area ...