Nature Conservation (Administration) Regulation 2006 (QLD)

Nature Conservation (Administration) Regulation 2006

Part 1    Preliminary

Division 1 General provisions

1   Short title

This regulation may be cited as the Nature Conservation (Administration) Regulation 2006.

2   Commencement

This regulation, other than part 15 and section 219(1) to (3), commences on 21 August 2006.

3   Relationship with management instruments

(1)This regulation must be read together with—

(a)for a matter relating to a protected area—the Protected Areas Management Regulation; or

(b)for a matter relating to wildlife other than in a protected area—

(i)the Wildlife Management Regulation; and

(ii)any conservation plan relating to the wildlife.

(2)Schedule 1 includes a general overview of—

(a)the Protected Areas Management Regulation; and

(b)the Wildlife Management Regulation and conservation plans; and

(c)this regulation and its relationship with the management instruments.

Division 2 Dictionary and aids to interpretation

4   Dictionary

Schedule 7 defines particular words used in this regulation.

5   References to particular licences, permits or authorities

A reference in this regulation to a licence, permit or other authority of a type mentioned in sections 9 to 16 is a reference to a licence, permit or authority of that type and granted under part 2.

Example—

A reference to a commercial wildlife licence is a reference to a commercial wildlife licence granted under part 2.

6   References to a class of wildlife

(1)A reference in this regulation to an animal, a plant or wildlife of a particular class is a reference to an animal, a plant or wildlife that is prescribed as wildlife of that class under the Wildlife Regulation.

Examples—

1A reference to a near threatened animal is a reference to an animal that is prescribed as rare wildlife under the Wildlife Regulation.

2A reference to a least concern amphibian is a reference to an amphibian that is prescribed as least concern wildlife under the Wildlife Regulation.

(2)For applying subsection (1) to this regulation, a species of wildlife that is prescribed as a class of wildlife but managed, under the declared management intent for the wildlife, as another class of wildlife (the management class), is taken to be prescribed as the management class of wildlife.

Example—

Under the declared management intent for extinct in the wild wildlife, wildlife that is prescribed as extinct in the wild wildlife and is found to still exist in the wild is to be managed as if it were endangered wildlife until it is re-classified under the Wildlife Regulation.

For applying subsection (1) to this regulation, the wildlife is taken to be prescribed as endangered wildlife.

(3)In this section—

declared management intent, for wildlife, means the declared management intent for the wildlife under the Wildlife Regulation.

7   Meaning of character of area

(1)The character of an area means the characteristics of the area that affect the enjoyment or experience of a person using the area for a purpose for which it is normally used.

(2)For subsection (1), each of the following characteristics of an area affect the enjoyment or experience of a person using the area—

(a)the extent to which the natural condition of the area has been, or is likely to be, modified by human activity, including, for example, by—

(i)roads or other access routes; or

(ii)buildings and other structures; or

(iii)litter; or

(iv)noise from human activity;

(b)the extent to which a person, or a group of persons, using the area is likely to have social interaction with other persons, or groups of persons, using the area, having regard to whether the extent of social interaction would be reasonably expected for the purpose for which the area is normally used;

(c)the extent of regulation of activities within the area, including, in particular, through signs, regulatory notices and enforcement activities.

8   Scientific names

The scientific names used for wildlife mentioned in this regulation follow the scientific reference stated for the wildlife in the Wildlife Regulation, section 5.

Part 2    Relevant authorities

Division 1 Types of relevant authorities that may be granted

9   Permits and authorities for taking etc. cultural or natural resources of protected area

(1)The chief executive may grant the following permits for a protected area—

(a)a permit to take, use, keep or interfere with cultural or natural resources;

(b)an apiary permit.

(2)The chief executive may grant the following authorities for a protected area—

(a)an Aboriginal tradition authority;

(b)an Island custom authority.

10   Permits for conducting other activities in a protected area

The chief executive may grant the following permits for a protected area—

(a)a camping permit;

(b)a restricted access area permit;

(c)a stock grazing permit;

(d)a stock mustering permit;

(e)a travelling stock permit;

(f)a permit to enter a national park (scientific);

(g)a commercial activity permit;

(h)a permit to solicit donations or information;

(i)an organised event permit;

(j)a permit to use recreational craft;

(k)a special activity permit.

11   Licences for animals other than in a protected area

The chief executive may grant the following licences for animals other than in a protected area—

(a)a commercial wildlife licence (wildlife interaction);

(b)a commercial wildlife licence;

(c)a commercial wildlife licence (mobile);

(d)a recreational wildlife licence;

(e)a commercial wildlife harvesting licence;

(f)a recreational wildlife harvesting licence;

(i)a wildlife farming licence;

(j)a museum licence.

12   Permits for animals other than in a protected area

The chief executive may grant the following permits for animals other than in a protected area—

(a)a damage mitigation permit;

(b)a flying-fox roost management permit;

(c)an educational purposes permit;

(d)a permit to keep protected wildlife;

(e)a rehabilitation permit;

(f)a scientific purposes permit;

(g)a wildlife movement permit.

13   Authorities for animals other than in a protected area

The chief executive may grant the following authorities for animals other than in a protected area—

(a)an Aboriginal tradition authority;

(b)an Island custom authority;

(c)a collection authority.

14   Licences for protected plants other than in a protected area

The chief executive may grant the following licences for protected plants other than in a protected area—

(a)a protected plant growing licence;

(b)a protected plant harvesting licence.

15   Permit for protected plants other than in a protected area

The chief executive may grant a protected plant clearing permit for protected plants other than in a protected area.

16   Authorities for protected plants other than in a protected area

The chief executive may grant the following authorities for protected plants other than in a protected area—

(a)an Aboriginal tradition authority;

(b)an Island custom authority.

Division 2 Term for relevant authority

17   Term of relevant authority

(1)A relevant authority is granted for the term stated in it.

(2)The term must not be more than the maximum term stated in this division for the authority.

(3)Subject to sections 33C and 66, the permit expires at the end of the term.

18   Maximum term for permits and authorities for taking etc. cultural or natural resources of protected area

(1)The maximum term for a permit to take, use, keep or interfere with cultural or natural resources for a protected area is—

(a)if the permit is granted for a scientific purpose—3 years; or

(b)if the permit is granted for an educational purpose—3 years; or

(c)otherwise—1 year.

(2)The maximum term for an apiary permit is 5 years.

(3)The maximum term for an Aboriginal tradition authority, or an Island custom authority, for a protected area is 1 year.

19   Maximum term for permits for conducting other activities in a protected area

The maximum term for a permit for a protected area, other than a permit mentioned in section 18, is as follows—

(a)for a camping permit—30 days;

(b)for a restricted access area permit—1 year;

(c)for a stock grazing permit—10 years;

(d)for a stock mustering permit—1 year;

(e)for a travelling stock permit—30 days;

(f)for a permit to enter a national park (scientific)—3 years;

(g)for a commercial activity permit, other than a joint marine park authority permit—3 years;

(h)for a permit to solicit donations or information—1 year;

(i)for an organised event permit—1 year;

(j)for a permit to use recreational craft—1 year;

(k)for a special activity permit—1 year.

20   Maximum term for licences for wildlife

(1)The maximum term for a licence for wildlife other than in a protected area is as follows—

(a)for a commercial wildlife licence (wildlife interaction)—1 year;

(b)for a commercial wildlife licence—3 years;

(c)for a commercial wildlife licence (mobile)—3 years;

(d)for a recreational wildlife licence—5 years;

(e)for a commercial wildlife harvesting licence—1 year;

(f)for a recreational wildlife harvesting licence—1 year;

(i)for a wildlife farming licence—3 years;

(j)for a museum licence—5 years;

(k)for a protected plant growing licence—5 years;

(l)for a protected plant harvesting licence—5 years.

(2)This section is subject to any provision of a conservation plan about the term of a licence for wildlife to which the plan relates.

21   Maximum term for permits for wildlife

(1)The maximum term for a permit for wildlife other than in a protected area is as follows—

(a)for a damage mitigation permit (removal and relocation of wildlife)—3 years;

(aa)for any other damage mitigation permit—

(i)if the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or

(ii)otherwise—1 year;

(b)for a flying-fox roost management permit—

(i)if the applicant is operating under an approved property management plan for the land to which the permit relates—3 years; or

(ii)otherwise—1 year;

(c)for an educational purposes permit—5 years;

(d)for a permit to keep protected wildlife—3 years;

(e)for a rehabilitation permit—3 years;

(f)for a scientific purposes permit—5 years;

(g)for a protected plant clearing permit—2 years;

(h)for a wildlife movement permit—2 months.

(2)However, despite subsection (1)(d), the chief executive may grant a permit to keep protected wildlife for the life of a protected animal kept under the permit if—

(a)the animal is injured and was taken under a rehabilitation permit; and

(b)the chief executive reasonably believes the animal will not, or is unlikely to, survive in the wild, including, for example, because of the nature of the animal’s sickness or injury.

(3)This section is subject to any provision of a conservation plan about the term of a permit for wildlife to which the plan relates.

(4)In this section—

approved property management plan, for land, means a plan that—

(a)is about the management of the land; and

(b)provides for the conservation of wildlife on the land; and

(c)is approved by the chief executive.

damage mitigation permit (removal and relocation of wildlife) means a damage mitigation permit under which the holder of the permit, or a relevant person for the holder, may take a live animal, other than a flying-fox, and release the live animal into prescribed natural habitat for the animal.

22   Maximum term for authorities for wildlife

(1)The maximum term for an Aboriginal tradition authority, or an Island custom authority, for wildlife other than in a protected area is 1 year.

(2)The maximum term for a collection authority for wildlife other than in a protected area is as follows—

(a)for a collection authority to keep a collection of dead protected animals—5 years;

(b)for a collection authority to take and keep least concern animals—6 months.

Division 3 Obtaining relevant authority generally

Subdivision 1 Application for relevant authority

23   General requirements for application

(1)A person may apply to the chief executive for the grant of a relevant authority.

(2)The application must—

(a)be in the approved form; and

(b)be supported by enough information to enable the application to be decided; and

(c)be accompanied by the relevant fee for the application; and

(d)comply with any other requirements for the application under—

(i)for an application for a protected area authority—the Protected Areas Management Regulation; or

(ii)for an application for a wildlife authority—the Wildlife Management Regulation or a conservation plan.

(3)Subsection (2)(a) does not apply to a camping permit.

(4)In this section—

relevant fee means—

(a)for an application for a stock grazing permit—the permit fee payable under part 8 for the permit, for the first year of the permit; or

(b)for an application for a commercial activity permit—the sum of—

(i)the application fee payable under part 8 for the application; and

(ii)the permit fee payable under part 8 for the permit; or

(c)for an application for an organised event permit—

(i)the application fee payable under part 8 for the permit; or

(ii)if persons will be camping under the permit—the sum of the fee mentioned in subparagraph (i) and the camping fee payable under part 8 for camping under the permit; or

(d)for an application for another relevant authority—the fee payable under part 8 for the authority.

24   Particular applications must include request for record book or approval of electronic record system

(1)This section applies if—

(a)a person makes an application for a relevant authority for which the holder of the authority must, under the Act, keep a record; and

(b)the person does not have—

(i)a record book for keeping the record; or

(ii)an electronic record system approved by the chief executive for keeping the record.

(2)However, this section does not apply to an application for a protected plant growing licence or a protected plant harvesting licence.

(3)When the application is made, the person must—

(a)ask the chief executive to—

(i)supply a record book to the person for the keeping of the record; or

(ii)approve an electronic record system for use by the person for the keeping of the record; and

(b)pay the prescribed fee for the record book or approval.

(4)In this section—

record book includes a record and return book.

Subdivision 2 Considering and deciding application for relevant authority

24A   Definitions for sdiv 2

In this subdivision—

Aboriginal land protected area means—

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

(b)an indigenous joint management area.

Cape York Peninsula Region see the Cape York Peninsula Heritage Act 2007, section 7.

25   Considering application

(1)In considering an application for a relevant authority, the chief executive must have regard to each of the following—

(a)the impact the activities that may be carried out under the authority may have on the conservation of the cultural or natural resources of a protected area or native wildlife;

(b)the effect the grant of the authority will have on the fair and equitable access to nature, having regard to, in particular, the ecologically sustainable use of protected areas or wildlife;

(c)any contribution the applicant proposes to make to the conservation of nature;

(d)any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;

(e)the precautionary principle;

(f)public health and safety;

(g)the public interest;

(h)for an application for a relevant authority other than a camping permit—whether the applicant is a suitable person to hold the authority, having regard to the matters mentioned in schedule 2;

(i)for an application for a relevant authority for an Aboriginal land protected area—the indigenous management agreement for the protected area;

(j)for an application for a relevant authority for a protected area, other than an Aboriginal land protected area, in the Cape York Peninsula Region—any indigenous land use agreement for the area;

(k)any recovery plan for wildlife to which the authority applies;

(l)any other matter stated in a management instrument as a matter the chief executive must have regard to when considering an application for the authority.

Notes—

1For protected area authorities, see for example, the Protected Areas Management Regulation, sections 17, 34, 40 and 49.

2For wildlife authorities, see for example, the Wildlife Management Regulation, sections 224, 230, 291 and 295.

(2)Without limiting subsection (1), the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act.

(3)In this section—

precautionary principle means the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty must not be used as a reason for postponing measures to prevent threatening processes.

recovery plan—

1A recovery plan, for wildlife, is a document stating what research and management is necessary to stop the decline, support the recovery, or enhance the chance of long-term survival in the wild, of the wildlife.

2A recovery plan may be a recovery plan made or adopted under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 269A.

26   Chief executive’s power to require further information or document

(1)Before deciding an application for a relevant authority, the chief executive may ask the applicant for any further information or document the chief executive reasonably requires to decide the application.

(2)The chief executive may require the information or document to be verified by a statutory declaration.

(3)The chief executive may give the applicant a notice asking the applicant to give the information or document by the day stated in the notice.

(4)A notice given under subsection (3) must—

(a)if the notice is given in relation to an application for a joint marine park authority permit—state a reasonable period of at least 15 business days after it is given within which the information or document must be given; or

(b)otherwise—

(i)be given to the applicant within 20 business days after the chief executive receives the application; and

(ii)state a reasonable period of at least 20 business days after it is given within which the information or document must be given.

(5)The applicant is taken to have withdrawn the application if the applicant does not comply with the request within—

(a)if the chief executive has given a notice to the applicant under subsection (3)—the period stated in the notice; or

(b)otherwise—a reasonable period.

(6)The chief executive may extend a period mentioned in subsection (5).

27   Amending application

If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.

27A   Fee payable for major amendments to particular applications

(1)This section applies if the chief executive agrees, under section 27, to a major amendment of an application for—

(a)a protected plant growing licence; or

(b)a protected plant harvesting licence; or

(c)a protected plant clearing permit.

(2)The applicant must pay the following fee for making the amendment—

(a)for a protected plant growing licence—a fee equivalent to the concessional fee for a protected plant growing licence under schedule 3, part 2, division 4;

(b)for a protected plant harvesting licence—a fee equivalent to the concessional fee for a protected plant harvesting licence under schedule 3, part 2, division 4;

(c)for a protected plant clearing permit—a fee equivalent to the concessional fee for a protected plant clearing permit under schedule 3, part 2, division 5.

(3)In this section—

major amendment means—

(a)for an application for a protected plant growing licence or protected plant harvesting licence—

(i)an increase in the size of the area to which the application relates; or

(ii)an addition of a species, or a change to a species, of protected plant or plant part to be taken under the licence to which the application relates; or

(b)for an application for a protected plant clearing permit—a change to the size of the area to which the application relates.

28   Chief executive may request public notice of application for protected area authority

(1)This section applies if the chief executive considers the grant of an application for a protected area authority may restrict the reasonable use of a part of the protected area to which it applies, by persons other than the applicant.

(2)The chief executive may give the applicant a notice stating—

(a)the applicant must give public notice of the application within a stated period; and

(b)the information that must be included in the public notice; and

(c)the number of times, being not more than 2, the public notice must be given.

(3)The applicant must give the public notice and ensure it—

(a)includes the stated information; and

(b)invites interested persons to make written submissions to the chief executive, in relation to the application—

(i)at an address stated in the notice; and

(ii)within a stated period of at least 20 business days.

(4)Before deciding whether or not to grant the relevant authority, the chief executive must consider any written submissions received by the chief executive in response to the public notice.

29   Deciding application

(1)The chief executive must consider each application for a relevant authority and decide—

(a)to grant the authority, with or without conditions decided by the chief executive; or

(b)to refuse the application.

(2)Subsection (3) applies if the application is for a new relevant authority to commence immediately after an existing relevant authority of the same type expires.

(3)Without limiting subsection (1), when deciding the application, the chief executive may refuse the application if the chief executive reasonably believes—

(a)the existing relevant authority was obtained on the basis of incorrect or misleading information; or

(b)the holder of the existing relevant authority, or a relevant person for the holder, has contravened a condition of the authority.

(4)The chief executive must make the decision—

(a)for an application for a joint marine park authority permit—

(i)if, under section 26, the chief executive asks for further information or a document—within a reasonable time after receiving the information or document; or

(ii)otherwise—within a reasonable time after receiving the application; or

(b)for an application for a relevant authority other than a joint marine park authority permit—

(i)if, under section 26, the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or

(ii)if, under section 28, the chief executive asks the applicant to give public notice of the application—within 40 business days after the end of the period within which interested persons may make submissions in response to the notice; or

(iii)otherwise—within 40 business days after receiving the application.

(5)Without limiting the condition that may be imposed under subsection (1)(a), the chief executive may impose a condition on a wildlife authority requiring the applicant to provide an environmental offset.

(6)In this section—

environmental offset see the Environmental Offsets Act 2014, section 7(2).

30   Only suitable person can hold relevant authority

(1)This section applies to a relevant authority other than a camping permit.

(2)The chief executive may grant the relevant authority only if the chief executive is satisfied the applicant is a suitable person to hold the authority, having regard to the matters mentioned in schedule 2.

31   Relevant authority can not be granted if management instrument restricts the grant

The chief executive can not—

(a)grant a protected area authority to a person if the Protected Areas Management Regulation states the chief executive can not grant the authority to the person or to any person; or

(b)grant a wildlife authority to a person if the Wildlife Management Regulation or a conservation plan states the chief executive can not grant the authority to the person or to any person.

Note—

See also section 137 of the Act.

31A   Restriction on granting relevant authority for Aboriginal land protected area

(1)The chief executive may grant a relevant authority to a person for an Aboriginal land protected area only if the chief executive complies with the consultation requirements under an indigenous management agreement for the area.

(2)In this section—

consultation requirement, under an indigenous management agreement for an Aboriginal land protected area, means a requirement under the agreement for the chief executive or department to do any of the following—

(a)give the indigenous landholder for the area a notice about an application for a relevant authority;

(b)allow the landholder to respond to the notice;

(c)consider the landholder’s response, if any;

(d)seek the landholder’s written consent for the grant of the authority;

(e)obtain the landholder’s written consent for the grant of the authority.

31B   Restriction on granting relevant authority for particular protected areas to which indigenous land use agreements apply

(1)This section applies for the grant of a relevant authority for a protected area if—

(a)the area is in the Cape York Peninsula Region; and

(b)there is an indigenous land use agreement for the area; and

(c)there is no indigenous management agreement for the area.

(2)The chief executive may grant the authority only if the chief executive complies with the consultation requirements, if any, under the indigenous land use agreement.

(3)In this section—

consultation requirement, under an indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following—

(a)give a person a notice about an application for a relevant authority;

(b)allow the person to respond to the notice;

(c)consider the person’s response, if any;

(d)seek the person’s consent for the grant of the authority;

(e)obtain the person’s consent for the grant of the authority.

32   Steps to be taken after application decided

(1)If the chief executive decides to grant a relevant authority, the chief executive must, as soon as practicable after making the decision, give the applicant—

(a)the authority; and

(b)for a relevant authority, other than a camping permit, on which a condition imposed by the chief executive is stated—an information notice about the decision to impose the condition.

(2)Subsection (1)(b) does not apply for a condition that the applicant has requested or permitted in the application.

Example for subsection (2)—

The applicant has applied for a commercial activity permit for carrying out a commercial activity for 30 persons and the chief executive issues a commercial activity permit with the condition that it only authorises the holder of the permit to carry out the commercial activity for 30 persons.

(3)If the chief executive decides to refuse the application, the chief executive must, as soon as practicable after making the decision—

(a)for a camping permit—tell the applicant about the refusal; or

(b)for another relevant authority—give the applicant an information notice about the decision.

33   Continuing conditions of particular relevant authorities

(1)This section applies to a relevant authority that authorises a person to take, or buy or accept, a live protected animal in the State if the animal is to be lawfully moved to another State.

(2)The chief executive may impose on the authority a condition that imposes an obligation on the holder of the authority, or a relevant person for the holder, that continues after the authority expires if—

(a)the obligation is about the purpose for which the animal, or a progeny of the animal, may be used, or the way the animal, or a progeny of the animal, must be kept, after the authority expires; and

(b)the chief executive reasonably believes imposing the obligation is necessary to achieve the object of the Act.

(3)In this section—

holder, of a relevant authority that has expired, means the person who held the authority immediately before its expiry.

Subdivision 2A Renewing particular commercial activity permits

33A   Definition for sdiv 2A

In this subdivision—

new permit, for a permit holder who has made a renewal request for an existing permit, means a commercial activity permit that would be granted to the permit holder if the existing permit is renewed under this subdivision.

33B   Permit holder may ask for permit renewal

(1)A person (a permit holder) who holds a commercial activity permit (an existing permit) may ask the chief executive to renew the existing permit (a renewal request).

(2)A renewal request must—

(a)be in the approved form; and

(b)be made before the existing permit expires; and

(c)be accompanied by the renewal fee and the permit fee payable under part 8 for the permit.

33C   Existing permit continues in force until renewal request is decided

(1)This section applies if a permit holder makes a renewal request for an existing permit.

(2)The existing permit continues in force from the day it would otherwise have expired until the earliest of the following happens—

(a)the renewal request is decided;

(b)the renewal request is withdrawn;

(c)the existing permit has continued in force for 3 months after the day it would otherwise have expired.

(3)If the chief executive renews the existing permit, the commercial activity permit granted to the permit holder under section 33F(1) is taken to have commenced immediately after the existing permit would otherwise have expired.

(4)Subsection (2) does not stop the existing permit from being suspended or cancelled under this regulation.

33D   When chief executive may renew permit

(1)This section applies if the chief executive receives a renewal request for an existing permit.

(2)The chief executive may renew the permit if the chief executive—

(a)is satisfied the activities the permit holder intends to carry out under a new permit are substantially the same as the activities that may be carried out under the existing permit; and

(b)is satisfied nothing in section 30, 31 or 31A or the Protected Areas Management Regulation, section 50 prevents the chief executive from granting a new permit to the permit holder; and

(c)for a permit other than for filming or photography—is satisfied the permit holder has—

(i)given the chief executive each return of operations required to be given for the permit under the Protected Areas Management Regulation, section 65(1); and

(ii)for each fee payable under the Protected Areas Management Regulation, section 65(4) for the permit—

(A)paid the fee within the period of payment for the fee; or

(B)otherwise entered into an arrangement with the chief executive for payment of the fee and complied with the arrangement; and

(d)is not aware of any information that is likely to change the chief executive’s consideration of a matter mentioned in section 25 for the existing permit.

33E   When activities under a new permit are substantially the same as under an existing permit

(1)The activities (the relevant activities) that may be, or are intended to be, carried out under a new permit are substantially the same as the activities that may be carried out under the existing permit if—

(a)all of the relevant activities may be carried out under the existing permit; and

(b)the relevant activities relate only to a location where activities may be carried out under the existing permit; and

(c)the scale of the relevant activities is not greater than the scale of the activities that may be carried out under the existing permit.

(2)In this section—

scale, of activities, includes the number of people, vehicles, structures or animals for which the activities may be carried out.

33F   Steps to be taken if chief executive renews permit

(1)If the chief executive renews an existing permit under section 33D, the chief executive must, as soon as practicable, grant the permit holder a new commercial activity permit.

(2)The permit must be granted—

(a)for carrying out activities that are substantially the same as the activities that may be carried out under the existing permit; and

(b)on the same conditions as the existing permit, unless subsection (3) applies; and

(c)for a term that starts on the day after the day the existing permit expires.

(3)The permit may be granted with conditions that are different to the conditions of the existing permit only if the conditions are different because of an amendment that may be made to a commercial activity permit under section 46, 47, 48 or 50.

33G   Step to be taken if chief executive refuses to renew permit

If the chief executive refuses to renew an existing permit under section 33D, the chief executive must give the permit holder a notice stating—

(a)the reasons for the refusal; and

(b)that the refusal does not prevent the permit holder from applying for a new commercial activity permit under section 23.

33H   Information notice not required

The chief executive is not required to give the permit holder an information notice about the renewal of, or refusal to renew, an existing permit under this subdivision.

Subdivision 3 Form of relevant authority

34   Form of authority generally

(1)A relevant authority granted under this division must be written.

(2)The chief executive may use 1 document for the grant of 2 or more relevant authorities.

(3)Also, the chief executive may use a document that has been used for the grant of a marine park permission for the grant of a commercial activity permit under this division.

(4)In granting a commercial activity permit, the chief executive may combine the permit with the following—

(a)a commercial activity permit granted under the Forestry Act 1959;

(b)a commercial activity permit granted under part 4 of the Recreation Areas Management Act 2006.

35   General matters to be stated on relevant authority

(1)A relevant authority granted under this division must state each of the following—

(a)the type of relevant authority;

(b)the date it was granted;

(c)if it does not commence on the date it was granted—its commencement date;

(d)either its term or its expiry date;

(e)the name of the holder of the authority and, if the holder is a corporation, its ABN or ACN;

(f)for a relevant authority other than a camping permit—the address of the holder of the authority;

(g)for an Aboriginal tradition authority or an Island custom authority—the names of the individuals who may carry out activities under the authority;

(h)any conditions imposed by the chief executive on the authority.

(2)For subsection (1)(g), the individuals stated on an Aboriginal tradition authority or an Island custom authority can only be individuals named in the application for the authority.

36   Additional matters to be stated on protected area authority

A protected area authority granted under this division must also state the following—

(a)the protected area that may be entered or used under the authority;

(b)the purpose for which the entry or use is authorised;

(c)if the authority authorises the holder to take, use, keep or interfere with the cultural or natural resources of the area—the cultural or natural resources that may be taken, used, kept or interfered with under the authority;

(d)if the authority is granted to a corporation—the name of the individual in charge of the activity to be carried out under the authority.

37   Additional matters to be stated on wildlife authority

(1)A wildlife authority granted under this division must also—

(a)identify the wildlife to which it applies; and

(b)state the following—

(i)the place that is the licensed premises for the authority;

(ii)if the authority is a commercial wildlife licence (mobile)—the registration number for the mobile facility for which the licence is granted;

(iii)if the authority authorises the holder to take wildlife—the place from where the wildlife may be taken;

(iv)if the authority is a wildlife movement permit—the place from and to where wildlife may be moved under the permit;

(v)if the authority is granted to a corporation—the name of the individual in charge of the activity to be carried out under the authority or, if the activity is to be carried out at the licensed premises for the authority, the person in charge of the premises.

(2)However, subsection (1)(a) does not apply to an authority granted for taking or using all wildlife in an area that is, or is about to be, lawfully destroyed.

(3)For subsection (1)(a), if a relevant authority applies to more than 1 species of wildlife, the wildlife may be identified on the authority by—

(a)stating each species of wildlife on the authority; or

(b)stating a taxon of wildlife on the authority; or

(c)stating that the authority applies to each animal or plant of a species mentioned in a schedule, or a part of a schedule, of the Wildlife Management Regulation or Wildlife Regulation; or

(d)stating the name of a harvest period notice on the authority; or

(e)if it is not practicable to identify the multiple species by using an approach mentioned in paragraphs (a) to (d)—describing the species of wildlife on the authority—

(i)by using plain English; and

(ii)in a way that reasonably identifies all of the species.

Example for paragraph (e)—

writing ‘leaf litter’ on the authority to identify protected plant parts of all protected plants in a particular area

(4)For subsection (3)(d), stating the name of a harvest period notice on the authority identifies all the species of wildlife to which the harvest period notice applies.

(5)In this section—

registration number, for a mobile facility, means the registration number for the facility under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010.

Subdivision 4 Camping tags

38   Chief executive must issue camping tags

(1)This section applies if the chief executive grants a person a camping permit under this division.

(2)The chief executive must issue the person a camping tag for use with the permit when the permit is granted.

Division 4 Obtaining camping permit for e-permit camping area or self-registration camping area

Subdivision 1 Camping notices and tags

39   E-permit camping areas

(1)The chief executive may erect or display, at the entrance of a protected area, a notice (an e-permit camping notice) stating that, in a stated period, the area is an e-permit camping area.

(2)An e-permit camping notice for an e-permit camping area must state the following—

(a)in general terms, the procedures to be followed by a person intending to camp in the area;

(b)the conditions applying to a person camping in the area;

(c)the penalty for camping in the area without a camping permit;

(d)the e-permit distribution points for the area.

(3)The chief executive may also erect or display an additional conditions notice for the e-permit camping area.

40   Camping tag must be available

(1)The chief executive must make camping tags available in an accessible and conspicuous position in or near each e-permit distribution point stated on the e-permit camping notice for an e-permit camping area.

(2)Each tag must include a space for the person to write the following on it—

(a)the person’s name;

(b)the number for identifying the person’s camping permit for the area.

(3)The chief executive must ensure a person who has applied, or intends to apply, for a camping permit for an e-permit camping area is notified of the location of each e-permit distribution point for the area.

(4)Without limiting subsection (3), the chief executive must—

(a)publish on the department’s website the location of each e-permit distribution point for the area; and

(b)for a camping permit taken to be granted under section 42(1)—ensure the notice given under section 42(1) includes the location of each e-permit distribution point for the e-permit camping area to which the permit applies; and

(c)for a camping permit taken to be granted under section 42(2)—ensure the person to whom the permit is granted is advised of the location of each e-permit distribution point for the e-permit camping area to which the permit applies.

41   Self-registration camping areas

(1)The chief executive may erect or display, at the entrance of a protected area, a notice (a self-registration camping notice) stating that, in a stated period, the area is a self-registration camping area.

(2)A self-registration camping notice for a self-registration camping area must state the following—

(a)in general terms, the procedures to be followed by a person intending to camp in the area;

(b)the conditions applying to a person camping in the area;

(c)the camping fee payable for camping in the area;

(d)the penalty for camping in the area without a camping permit.

(3)The chief executive must make forms (camping forms) and a sealed, secure container (a camping fee container) available for use for camping in the area.

(4)The camping forms and camping fee container must be in an easily accessible and conspicuous position in the area.

(5)The camping form must—

(a)state the procedures a person using the form must follow; and

(b)include a detachable envelope (a camping fee envelope); and

(c)include a detachable camping tag with—

(i)the number for identifying the permit written on it; and

(ii)a space for writing the person’s name on it; and

(d)include, on the camping fee envelope, a section for use for credit card payment of camping fees.

Subdivision 2 When and extent to which permits granted

42   When camping permit for e-permit camping area taken to have been granted

(1)A person who applies for a camping permit for an e-permit camping area by way of the website authorised by the chief executive is taken to have been granted a camping permit for the area when the following steps have been completed—

(a)the person pays the camping fee by giving the person’s credit card details;

(b)the person receives a notice stating the number identifying the permit.

Note—

For provisions about giving or receiving information through electronic communications, see the Electronic Transactions (Queensland) Act 2001.

(2)A person who applies for a camping permit for an e-permit camping area by phone is taken to have been granted a camping permit for the area when all of the following steps have been completed—

(a)the person gives the information required on the approved form;

(b)the person states that the person understands and accepts the conditions of the permit;

(c)the person pays the camping fee by giving the person’s credit card details;

(d)the person is issued a number identifying the permit.

43   Extent to which e-camping permit granted

(1)A camping permit for an e-permit camping area is taken to have been granted only—

(a)for the number of people stated by the person when applying for the permit; and

(b)for a time when the area, the subject of the permit, is an e-permit camping area; and

(c)for the number of days stated by the person when applying for the permit; and

(d)for not longer than 30 days or, if the e-permit camping notice or any additional conditions notice for the area states a shorter period as the longest period for which anyone may camp in the area, the shorter period.

(2)The conditions stated on the e-permit camping notice, and any additional conditions notice, for the area are taken to be conditions of the camping permit.

44   When camping permit for self-registration camping area taken to have been granted

(1)A person who applies for a camping permit for a self-registration camping area by filling in a camping form for the area is taken to have been granted a camping permit for the area when all of the following steps have been completed—

(a)the person fills in the camping form in the way stated on the form;

(b)the person either—

(i)places the camping fee in cash or a cheque in the camping fee envelope for the form and seals the envelope; or

(ii)properly completes and signs the credit card payment section of the form;

(c)the person puts the envelope in the camping fee container.

(2)However, the camping permit is taken not to have been granted if—

(a)the person pays the prescribed fee by cheque and the cheque is dishonoured; or

(b)the person completes the credit card payment section of the camping fee envelope and the person’s financial institution does not authorise the payment.

45   Extent to which self-registered camping permit granted

(1)A camping permit for a self-registration camping area is taken to have been granted only—

(a)for the number of people stated on the camping form; and

(b)for not more than the number of people stated on the self-registration camping notice for the area as the maximum number of persons that can camp under a camping permit for the area; and

(c)for the time when the area, the subject of the permit, is a self-registration camping area; and

(d)for the number of days stated on the camping form; and

(e)for not longer than 30 days or, if the self-registration camping notice for the area states a shorter period as the longest period for which anyone may camp in the area, the shorter period.

(2)The conditions stated on the self-registration camping notice for the area are taken to be conditions of the camping permit.

Division 5 Amendment, suspension or cancellation of relevant authority

46   Minor amendments

(1)This section applies if—

(a)the chief executive reasonably believes a relevant authority should be amended; and

(b)the proposed amendment is a minor amendment.

(2)The chief executive may amend the authority by—

(a)for a camping permit—advising the holder of the permit of the amendment; or

(b)for another relevant authority—giving the holder of the authority notice of the amendment.

(3)The advice or notice must state the reasons for the amendment.

(4)Sections 48 to 52 do not apply to the amendment.

(5)The amendment takes effect on the later of the following days—

(a)the day when the advice or notice is given to the holder;

(b)the day of effect advised or stated in the notice.

(6)The effect of the amendment does not depend on the amendment being noted on the authority.

Note—

See, however, section 55.

(7)In this section—

minor amendment means an amendment that—

(a)omits a condition, if the omission does not adversely affect the holder’s interests; or

(b)corrects an error; or

(c)makes another change, other than a change of substance, that does not adversely affect the holder’s interests.

47   Amendments by application

(1)The holder of a relevant authority may apply to the chief executive for an amendment of the authority.

(2)The application must be—

(a)accompanied by the prescribed fee for the amendment; and

(b)if the application relates to a relevant authority other than a camping permit—

(i)written; and

(ii)made at least 10 business days before the holder of the authority intends for the amendment to take effect.

(3)However, the chief executive may consider an application for an amendment even if the application does not comply with subsection (2)(b)(ii).

(4)If the chief executive decides to make the amendment, the chief executive must—

(a)for a camping permit—advise the holder of the amendment; or

(b)for another relevant authority—give the holder notice of the amendment.

(5)The amendment takes effect on the later of the following days—

(a)the day when the advice or notice is given to the holder;

(b)the day of effect advised or stated in the notice.

(6)The effect of the amendment does not depend on the amendment being noted on the authority.

Note—

See, however, section 55.

(7)If the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision—

(a)for a camping permit—advise the holder of the decision; or

(b)for another relevant authority—give the holder an information notice about the decision.

48   Other amendments other than immediately—grounds

The chief executive may, by complying with section 49, amend a relevant authority—

(a)if the chief executive reasonably believes—

(i)the authority was obtained because of incorrect or misleading information; or

(ii)the holder of the authority has contravened a condition of the authority; or

(iii)for a relevant authority other than a camping permit—the holder of the authority is not, or is no longer, a suitable person to hold the authority, having regard to the matters mentioned in schedule 2; or

(iv)the amendment is necessary having regard to the object of the Act; or

(b)if the holder of the authority has failed to—

(i)pay a prescribed fee, or a royalty required to be paid under the Act for the authority, by the date or within the period during which the fee or royalty must be paid; or

(ii)give the chief executive information required to be given under the Act for the authority, by the date or within the period during which the information must be given; or

(c)if the holder is convicted of an offence against the Act and the activities of the holder that lead to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or

(d)to secure the safety of a person or a person’s property; or

(e)to conserve or protect the cultural or natural resources of a protected area; or

(f)to conserve or protect native wildlife; or

(g)if the area to which the authority applies is declared, after the grant of the authority, to be a restricted access area or an area closed to the public under the Protected Areas Management Regulation; or

(h)if the activity to which the authority applies is declared, after the grant of the authority, as a prescribed commercial activity or a special activity under the Protected Areas Management Regulation; or

(i)if the authority is a joint marine park authority permit and the chief executive reasonably believes a related permission for the permit has been, or is about to be—

(i)amended to an extent that it is no longer consistent with the permit; or

(ii)replaced with another permission that is not consistent with the permit.

49   Other amendments other than immediately—procedure

(1)If the chief executive proposes to make an amendment under section 48, the chief executive must notify the holder of the following—

(a)the proposed amendment;

(b)the ground for the proposed amendment;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)an invitation to make representations, within a stated period, about why the proposed amendment should not be made.

(2)For a relevant authority other than a camping permit—

(a)the notification must be written; and

(b)the stated period must be at least 20 business days after the notification is given; and

(c)the representations must be written.

(3)The chief executive may amend the authority if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made—

(a)in the way notified; or

(b)in another way, having regard to the representations.

(4)If the chief executive amends the authority, the chief executive must—

(a)for a camping permit—advise the holder of the amendment; or

(b)for another relevant authority—give the holder an information notice about the decision.

(5)The amendment takes effect on the later of the following days—

(a)the day when the advice or information notice is given to the holder;

(b)the day of effect stated in the advice or information notice.

(6)The effect of the amendment does not depend on the amendment being noted on the authority.

Note—

See, however, section 55.

(7)If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision—

(a)for a camping permit—advise the holder of the decision; or

(b)for another relevant authority—give the holder notice of the decision.

(8)Subsections (1) to (3) and (7) apply to a camping permit only if the address of the holder of the permit is stated on the permit.

50   Immediate amendment or suspension of protected area authority for safety or conservation

(1)This section applies if—

(a)the chief executive reasonably believes a protected area authority should be amended or suspended—

(i)to secure the safety of a person or a person’s property; or

(ii)because of a fire or other natural disaster; or

(iii)to conserve or protect the cultural or natural resources of the protected area to which the authority applies; or

(b)the area to which a protected area authority applies is declared, after the grant of the authority, to be a restricted access area, or an area closed to the public, under the Protected Areas Management Regulation.

(2)The chief executive may, verbally if practicable, or by signs, advise the holder of the authority that, until the chief executive otherwise decides—

(a)the authority is amended in the way the chief executive advises; or

(b)the authority is suspended to the extent the chief executive advises.

(3)If the chief executive acts under subsection (2), the amendment or suspension takes effect immediately after the holder is advised of the amendment or suspension and continues until the chief executive decides the reason for the amendment or suspension no longer exists.

(4)The effect of an amendment under this section does not depend on the amendment being noted on the authority.

Note—

See, however, section 55.

(5)The chief executive must as soon as practicable after the amendment or suspension ends—

(a)advise the holder of the authority that the amendment or suspension no longer applies; or

(b)put a notice on the department’s website advising that the amendment or suspension no longer applies.

(6)In this section—

sign includes a sign erected—

(a)at or near a usual access point to the protected area; or

(b)in a position that would normally be seen by a person accessing the area.

51   Immediate amendment or suspension of wildlife authority for safety or conservation

(1)This section applies if the chief executive reasonably believes a wildlife authority should be amended or suspended to—

(a)secure the safety of a person or a person’s property; or

(b)conserve or protect native wildlife.

(2)The chief executive may amend or suspend the authority.

(3)If the chief executive acts under subsection (2)—

(a)the chief executive must give the holder of the authority an information notice about the decision; and

(b)if the action is suspension, the information notice must state the suspension period; and

(c)the amendment or suspension takes effect on the later of the following days—

(i)the day the notice is given to the holder;

(ii)the day of effect stated in the notice; and

(d)if the action is suspension, it continues until the end of the suspension period stated in the notice.

(4)However, if the decision is to suspend the authority for the immediate protection of life or property—

(a)subsection (3) does not apply; and

(b)the suspension—

(i)takes effect immediately after the holder is advised of the suspension; and

(ii)continues until the chief executive decides the reason for the suspension no longer exists; and

(c)the chief executive must as soon as practicable after the amendment or suspension ends—

(i)advise the holder of the authority that the amendment or suspension no longer applies; or

(ii)put a notice on the department’s website advising that the amendment or suspension no longer applies.

(5)The effect of an amendment under this section does not depend on the amendment being noted on the authority.

Note—

See, however, section 55.

52   Immediate amendment or suspension for failure to pay fee or royalty or give return

(1)This section applies if—

(a)the holder of a relevant authority has failed to—

(i)pay a prescribed fee, or a royalty required to be paid under the Act for the authority, by the date or within the period during which the fee or royalty must be paid; or

(ii)give the chief executive a return of operations required to be given under the Act for the authority, by the date or within the period during which the return must be given; and

(b)the chief executive has given the holder a notice stating that—

(i)the holder must pay the fee or royalty or give the return to the chief executive by a day, at least 10 business days after the holder receives the notice, stated in the notice; and

(ii)if the holder does not pay the fee or royalty or give the return to the chief executive by the stated day, the chief executive may amend or suspend the authority under this section; and

(c)the holder does not pay the fee or royalty or give the return to the chief executive by the stated day.

(2)The chief executive may amend or suspend the authority.

(3)However, if the authority is a wildlife authority that authorises the holder of the authority to keep an animal under the authority—

(a)the chief executive may only amend the authority; and

(b)the amendment must not have the effect of removing the authorisation to keep the animal under the authority.

(4)If the chief executive acts under this section—

(a)the chief executive must give the holder of the authority an information notice about the decision; and

(b)if the action is suspension, the information notice must state the suspension period; and

(c)the amendment or suspension takes effect on the later of the following days—

(i)the day the notice is given to the holder;

(ii)the day of effect stated in the notice; and

(d)if the action is suspension, it continues until the earlier of the following—

(i)the day the holder pays the outstanding fee or royalty or gives the chief executive the outstanding return;

(ii)the end of the suspension period stated in the information notice.

(5)The effect of an amendment under this section does not depend on the amendment being noted on the authority.

Note—

See, however, section 55.

53   Suspending relevant authority other than immediately or cancelling relevant authority—grounds

The chief executive may, by complying with section 54, suspend or cancel a relevant authority—

(a)for a reason mentioned in—

(i)for a protected area authority—section 50(1) or 52(1); or

(ii)for a wildlife authority—section 51(1) or 52(1); or

(b)if the chief executive reasonably believes—

(i)the authority was obtained because of incorrect or misleading information; or

(ii)the holder of the authority has contravened a condition of the authority; or

(iii)for a relevant authority other than a camping permit—the holder of the authority is not, or is no longer, a suitable person to hold the authority, having regard to the matters mentioned in schedule 2; or

(c)if the holder of the authority is convicted of an offence against the Act and the activities of the holder that lead to the conviction are relevant to the holder’s ability to carry out activities under the authority in a competent and ethical way; or

(d)if the holder of the authority has failed to give the chief executive information, other than information required to be given in a return of operations, required to be given under the Act for the authority, by the date or within the period during which the information must be given; or

(e)for a wildlife authority for an animal—if the chief executive reasonably believes the place where the animal is kept is not or is no longer appropriate, or does not or no longer has the appropriate facilities, for keeping the animal; or

(f)if the chief executive reasonably believes the activities being carried out under the authority are having an unacceptable impact on the character or amenity of a protected area or its adjacent areas; or

(g)if the chief executive reasonably believes the activities being carried out under the relevant authority are threatening public health or safety; or

(h)if the chief executive reasonably believes the suspension or cancellation is necessary to ensure the fair and equitable access to nature; or

Example for paragraph (h)—

Environmental factors have affected the availability of public access to a protected area for which the relevant authority is granted and the relevant authority currently restricts the remaining public access to the area.

(i)if the authority is a joint marine park authority permit and the chief executive reasonably believes a related permission for the permit has been, or is about to be—

(i)amended to an extent that it is no longer consistent with the permit; or

(ii)replaced with another permission that is not consistent with the permit; or

(iii)suspended or cancelled.

54   Suspending relevant authority other than immediately or cancelling relevant authority—procedure

(1)If the chief executive proposes to take action (the proposed action) under section 53, the chief executive must notify the holder of the authority of each of the following—

(a)the proposed action;

(b)the ground for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)if the proposed action is suspension of the authority—the proposed suspension period;

(e)an invitation to make representations, within a stated period, about why the proposed action should not be taken.

(2)For a relevant authority other than a camping permit—

(a)the notification must be written; and

(b)the stated period must be at least 20 business days after the notification is given; and

(c)the representations must be written.

(3)If, after considering any representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—

(a)if the proposed action was to suspend the authority—to suspend it for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the authority—either to cancel it or to suspend it for a period.

(4)If the chief executive decides to suspend or cancel the authority, the chief executive must—

(a)for a camping permit—advise the holder of the decision; or

(b)for another relevant authority—give the holder an information notice about the decision.

(5)A decision to suspend or cancel the authority takes effect on the later of the following days—

(a)the day when the advice or information notice is given to the holder;

(b)the day of effect stated in the advice or information notice.

(6)If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision—

(a)for a camping permit—advise the holder of the decision; or

(b)for another relevant authority—give the holder notice of the decision.

(7)Despite subsections (4) and (5), if a relevant authority is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.

(8)Despite subsections (4) and (5), if a relevant authority is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.

(9)Subsections (1) to (3) and (6) apply to a camping permit only if the address of the holder of the permit is stated on the permit.

55   When holder of amended relevant authority must return authority

(1)The chief executive may, by notice, ask the holder of a relevant authority that has been amended under this division to return the authority to the chief executive by a day, at least 10 business days after the day the holder receives the notice, stated in the notice.

(2)The holder must, unless the holder has a reasonable excuse, return the authority to the chief executive by the stated day.

Maximum penalty—20 penalty units.

(3)The chief executive must as soon as practicable after receiving the authority—

(a)note the amendment on the authority; and

(b)give the authority back to the holder.

56   When holder of suspended relevant authority must return authority

(1)The chief executive may, by notice, ask the holder of a relevant authority that has been suspended under this division to return the authority to the chief executive by a day, at least 10 business days after the day the holder receives the notice, stated in the notice.

(2)The holder must, unless the holder has a reasonable excuse, return the authority to the chief executive by the stated day.

Maximum penalty—20 penalty units.

(3)The chief executive must give the authority back to the holder on or before the day the period of suspension ends.

57   When holder of cancelled relevant authority must return authority

The holder of a relevant authority that has been cancelled under this division must, unless the holder has a reasonable excuse, return the authority to the chief executive within 10 business days after cancellation takes effect.

Maximum penalty—20 penalty units.

Division 6 Carrying out activities under relevant authority

58   Complying with conditions of relevant authority

(1)The holder of a relevant authority, or a relevant person for the holder, must comply with the conditions of the authority, unless the holder or relevant person has a reasonable excuse.

Maximum penalty—80 penalty units.

(2)For subsection (1), the holder is taken to comply with a condition of the authority if a relevant person for the holder complies with the condition for the holder.

(3)This section does not apply to a camping permit.

Note—

For camping permits, see the Protected Areas Management Regulation, section 83.

(4)In this section—

holder, of a relevant authority that has expired, means the person who held the authority immediately before its expiry.

59   Relevant authority or identification must be available for inspection

(1)A person carrying out an activity under a relevant authority, other than a camping permit or stock grazing permit, must, while carrying out the activity—

(a)have the following available for inspection—

(i)if the person is the holder of the authority—the authority or a copy of the authority;

(ii)if the person is not the holder of the authority—

(A)a copy of the authority endorsed by the holder of the authority with the person’s name and residential address; and

(B)if the authority is a wildlife authority—a form of identification that shows a recent colour photograph of the person; and

(b)if asked by a conservation officer, produce the authority, copy or identification for inspection by the officer, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)For this section, a copy of the relevant details of a commercial activity permit is taken to be a copy of the permit.

(3)In this section—

relevant details, of a commercial activity permit, means the details needed to identify the following matters—

(a)if the permit number for the permit is stated on the permit—the permit number;

(b)the name of the holder of the permit;

(c)the term of the permit;

(d)the protected area to which the permit applies;

(e)the activity authorised under the permit.

60   Display of relevant authority if animal displayed at particular places

(1)This section applies to a person displaying an animal under a wildlife authority at a place other than the licensed premises for the authority.

(2)The person must display the authority or a copy of the authority at the place where the animal is being displayed.

Maximum penalty—50 penalty units.

(3)However, if the authority or copy states the address of a person’s place of residence on the authority or copy, the person may cover the address while the authority or copy is being displayed.

Division 7 Transfer of relevant authorities

Subdivision 1 Operation of div 7

61   Particular relevant authorities transferable

The following relevant authorities are transferable—

(a)an apiary permit;

(b)a joint marine park authority permit.

Subdivision 2 Apiary permits

62   Transfer of apiary permits

(1)The chief executive may, on the making of an application, transfer an apiary permit.

(2)The application must be—

(a)in the approved form; and

(b)made by the holder of the permit and the proposed transferee; and

(c)accompanied by the prescribed fee for the transfer.

(3)The provisions of division 3, subdivision 2 apply for the application as if—

(a)it were an application for the permit; and

(b)a reference in the provisions to the applicant were a reference to the proposed transferee.

Subdivision 3 Joint marine park authority permits

62A   Application to transfer

(1)A holder of a joint marine park authority permit and a proposed transferee may apply to the chief executive to transfer the permit.

(2)The application must be—

(a)in the approved form; and

(b)signed by the holder and the proposed transferee; and

(c)given to the chief executive at least 28 days before the day on which the transfer is intended to take effect; and

(d)accompanied by the prescribed fee for the transfer.

(3)This section—

(a)applies to a commercial activity permit continued in force under section 66; and

(b)does not apply to a commercial activity permit that has been suspended.

62B   Considering transfer application

In considering an application to transfer a joint marine park authority permit, the chief executive must have regard to the following—

(a)whether the proposed transferee is a suitable person to hold the permit;

(b)whether the holder of the permit, or the proposed transferee, owes any fee or other amount payable under—

(i)the Act; or

(ii)a marine park Act;

(c)all matters relevant to ensuring the orderly and proper management of the protected area to which the permit applies.

62C   Chief executive’s power to require further information

(1)Before deciding an application to transfer a joint marine park authority permit, the chief executive may, by notice, ask the holder of the permit or the proposed transferee to give the chief executive any further information the chief executive reasonably requires to decide the application.

(2)The holder and proposed transferee are taken to have withdrawn the application if the request is not complied with within 60 days after the person to whom the notice is given receives the notice.

62D   Approval or non-approval of transfer

(1)The chief executive must decide an application to transfer a joint marine park authority permit within 28 days after the chief executive—

(a)receives the application; or

(b)if the chief executive has asked for further information under section 62C—receives the information.

(2)The chief executive may approve the transfer only if the chief executive is satisfied—

(a)the proposed transferee is a suitable person to hold the permit; and

(b)the holder of the permit, or the proposed transferee, does not owe any fee or other amount payable under—

(i)the Act; or

(ii)a marine park Act.

(3)If the chief executive refuses to approve the transfer, the chief executive must give the holder of the permit and the proposed transferee an information notice about the decision.

62E   Steps after approval of transfer

(1)This section applies if the chief executive decides to approve the transfer of a joint marine park authority permit under section 62D.

(2)The chief executive must cancel the permit and give the proposed transferee a new permit—

(a)authorising the same activity as the cancelled permit immediately before it was cancelled under this section; and

(b)with a term—

(i)starting on the later of the following days (the transfer day)—

(A)the day the application is decided;

(B)the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and

(ii)ending on the day the cancelled permit would have ended if it was not cancelled under this section; and

(c)subject to the same conditions as the cancelled permit immediately before it was cancelled under this section.

(3)Despite subsection (2)(c), the chief executive may impose a new or different condition on the new permit if—

(a)the proposed transferee consents to the new or different condition; or

(b)it is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permit; or

(c)it is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permit.

(4)The holder of the permit cancelled under subsection (2) must return it to the chief executive before the end of the day after the transfer day.

Division 8 Other provisions about relevant authorities

63   Requirement to notify chief executive of particular changes and ask for amendment

(1)This section applies to the holder of a relevant authority if a change of any of the following happens—

(a)the holder’s name;

(b)the holder’s postal, residential or business address stated on the authority;

(c)if the holder is a corporation—

(i)for a protected area authority—the person in charge of the activity carried out under the authority; or

(ii)for a wildlife authority—the person in charge of the activity carried out under the authority or, if the activity is carried out at the licensed premises for the authority, the person in charge of the premises;

(d)for a wildlife authority—

(i)the licensed premises for the authority; or

(ii)if an animal is kept under the authority—the place where the animal is kept.

(2)The holder must before, or immediately after, the change happens—

(a)give the chief executive a notice stating the nature of the change; and

(b)apply to the chief executive for an amendment of the authority to reflect the change.

Maximum penalty—10 penalty units.

Note—

For the provisions about amending a relevant authority by application, see section 47.

64   Replacing relevant authority

(1)The holder of a relevant authority may apply to the chief executive for the replacement of a damaged, destroyed, lost or stolen authority.

(2)The application must be—

(a)written; and

(b)accompanied by the prescribed fee for the application.

(3)The chief executive must grant the application if the chief executive is satisfied the authority has been—

(a)damaged in a way that requires its replacement; or

(b)destroyed, lost or stolen.

(4)If the chief executive grants the application, the chief executive must give another relevant authority to the holder to replace the damaged, destroyed, lost or stolen authority.

(5)If the chief executive refuses the application, the chief executive must give the applicant an information notice about the decision within 14 days after the decision is made.

65   Surrendering relevant authority

(1)The holder of a relevant authority may surrender it by returning it and giving a notice of surrender to the chief executive.

(2)A relevant authority surrendered under subsection (1) no longer has effect from—

(a)the day for surrender stated in the notice; or

(b)if paragraph (a) does not apply—the day the notice is received by the chief executive.

66   Particular existing relevant authorities taken to be in force while new application is considered

(1)This section applies if—

(a)the holder of an existing relevant authority makes an application for a new relevant authority of the same type; and

(b)the existing relevant authority is—

(i)a commercial activity permit; or

(ii)a wildlife authority, other than a wildlife authority authorising the holder to take protected wildlife; and

(c)the new relevant authority is intended to commence immediately after the expiry of the existing relevant authority.

(2)The existing relevant authority is taken to continue in force from its otherwise expiration day until the day on which the earliest of the following happens—

(a)the chief executive grants the new relevant authority;

(b)the chief executive decides to refuse the application and gives the applicant an information notice about the decision;

(c)the applicant is taken to have withdrawn the application under section 26;

(d)if the existing relevant authority is a relevant authority other than a joint marine park authority permit—the authority has continued for 3 months after its otherwise expiration day.

(3)If the chief executive grants the new relevant authority—

(a)the existing authority is taken to have expired on its otherwise expiration day; and

(b)the new relevant authority is taken to have commenced immediately after the existing relevant authority’s otherwise expiration day; and

(c)for the period during which the existing relevant authority is taken to have continued in force under subsection (2), the new relevant authority is taken to be subject to the same conditions and authorise the same activities as the existing relevant authority.

(4)Subsection (2) does not stop the existing relevant authority from being suspended or cancelled under this regulation.

(5)In this section—

otherwise expiration day, for an existing relevant authority, means the day it would have expired but for subsection (2).

Part 3    Commercial activity agreements

Division 1 Preliminary

67   Chief executive may enter into agreement

(1)The chief executive may, for the State, enter into an agreement (a commercial activity agreement) with a person authorising the person to conduct a commercial activity in a protected area.

(2)The chief executive may enter into the agreement in any 1 or more of the following ways—

(a)by using an expression of interest process under division 2 for entering into the agreement;

(b)by using an application process under division 3 for entering into the agreement;

(c)by entering into the agreement with the holder of a commercial activity permit for the activity for the area.

(3)The commercial activity agreement may be combined with either or both of the following—

(a)a commercial activity agreement entered into by the person under the Marine Parks Regulation 2006, section 51;

(b)a commercial activity agreement entered into by the person under the Recreation Areas Management Act 2006, section 69.

68   Restrictions on entering into agreement—conservation of protected area

(1)A commercial activity agreement must be consistent with—

(a)the management principles for the protected area to which it applies; and

(b)the interim or declared management intent, or management plan, for the protected area to which it applies.

(2)Also, a commercial activity agreement must not—

(a)create an interest in land in a protected area; or

(b)authorise the carrying out of major earthworks, or the installation of a permanent structure, in a protected area; or

(c)otherwise provide for a matter for which a lease, agreement, licence, permit or other authority made or given under section 34, 35 or 36 of the Act would be more appropriate.

Example for paragraph (c)—

It would be more appropriate to enter into a lease, agreement, licence, permit or other authority made or given under section 34, 35 or 36 of the Act for the installation of a sewage pipeline or communications tower in a national park.

(3)In this section—

major earthworks means earthworks that cause a major disturbance to the cultural or natural resources of a protected area.

Examples of major earthworks—

construction of a road or drainage channel

69   Restrictions on entering into agreement—suitability of party

(1)The chief executive may enter into a commercial activity agreement with a person only if the chief executive is satisfied the person is a suitable person to be a party to the agreement.

(2)In deciding whether a person is a suitable person to be a party to a commercial activity agreement, the chief executive may have regard to any matter relevant to the person’s ability to carry out the activities for which the agreement is sought in a competent and ethical way.

(3)A person is not a suitable person to be a party to a commercial activity agreement if the person would not be, having regard to the matters mentioned in schedule 2, a suitable person to hold a commercial activity permit for conducting the activities for which the agreement is sought, if the person applied for the permit under part 2.

70   Restrictions on entering into agreement—insurance

(1)The chief executive may enter into a commercial activity agreement with a person only if the chief executive is satisfied there is adequate insurance cover for the activities authorised under the agreement.

(2)However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.

(3)In this section—

insurance cover, for activities authorised under a commercial activity agreement, means a policy of insurance that insures the other party to the agreement against a claim for damage, injury or loss to a person, and damage to property, arising from the activities to be conducted under the agreement.

71   Content of agreement

(1)A commercial activity agreement must be written and include each of the following details—

(a)the name of the protected area to which it applies;

(b)the date the agreement is entered into;

(c)its term;

(d)the name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN;

(e)the person’s place of business;

(f)the activities authorised under the agreement;

(g)any conditions of the agreement;

(h)the amount payable to the State under the agreement, or a way of working out the amount.

•conducting an activity in a protected area if the activity involves a trade and is conducted for the chief executive, the holder of a permit, licence or other authority for the area, or a party to a lease or agreement for the area

•providing a mechanical or vehicle towing service for a visitor in a protected area

exempt media activity means an activity that is—

(a)the filming or photographing of, or in relation to, an event; and

(b)conducted when, or as soon as practicable after, the event happens; and

(c)conducted for publishing a report of the event—

(i)on television or in a newspaper, magazine or similar publication; and

(ii)to inform the public about the event; and

(d)of a type the chief executive has declared as an exempt media activity by publishing the declaration on the department’s website.

existing permit, for part 2, division 3, subdivision 2A, see section 33B(1).

external review, for a decision, means a review of the decision by QCAT under the QCAT Act.

farm animal—

1An animal of a species mentioned in paragraph 2 is a farm animal if the animal—

(a)is wild by nature and is lawfully taken from the wild under the Act; or

(b)is farmed; or

(c)has been, or is being, lawfully moved into the State for use for farming.

2For paragraph 1, the species are as follows—

(a)a reptile of the family Elapidae, Hydrophiidae or Laticaudidae;

(b)birdwing butterfly (Ornithoptera sp.);

(c)emu (Dromaius novaehollandiae);

(d)estuarine crocodile (Crocodylus porosus);

(e)freshwater crocodile (Crocodylus johnstoni);

(f)Ulysses butterfly (Papilio ulysses);

(g)water buffalo (Bubalus bubalis).

farm crocodile means a crocodile that is a farm animal.

farm emu means an emu that is a farm animal.

harvest macropod means any of the following—

(a)an eastern grey kangaroo (Macropus giganteus);

(b)a red kangaroo (Macropus rufus);

(c)a wallaroo (Macropus robustus);

(d)a whiptail wallaby (Macropus parryi).

harvest period, for wildlife, means a period during which a person may take the wildlife.

harvest period notice means—

(a)for a protected plant—a harvest period notice under the Wildlife Management Regulation; or

(b)otherwise—a notice declaring a harvest period under a conservation plan.

identification code means—

(a)for an electromagnetic implant—a sequence of letters and numbers produced by the implant to identify the implant; or

(b)for a tag—a sequence of letters and numbers that identify the tag.

incorporated association means an association incorporated under the Associations Incorporation Act 1981.

information notice, for a decision, means a notice stating the following—

(a)the decision;

(b)reasons for the decision;

(c)all rights of internal review under this regulation;

(d)the period in which any internal review under this regulation must be started;

(e)how rights of internal review under this regulation are to be exercised;

(f)if applicable, that a person may apply, as provided under the QCAT Act, to QCAT for a stay of a decision the subject of an internal review.

internal review decision see section 101(1)(b).

joint marine park authority means an instrument that includes more than 1 of the following—

(a)a commercial activity permit;

(b)a permission granted under the Marine Parks Act 2004;

(c)a permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth).

joint marine park authority permit means a commercial activity permit forming a part of a joint marine park authority.

koala conservation area see the Nature Conservation (Koala) Conservation Plan 2006, schedule 2.

koala sustainability area see the Nature Conservation (Koala) Conservation Plan 2006, schedule 2.

lawfully, in relation to doing an act, means to do the act in a way that is authorised under an Act or a law of another State.

licensed premises, for a wildlife authority, means the premises stated on the authority as the licensed premises for the authority.

macropod means an animal within the family Macropodidae.

Macropod Conservation Plan means the Nature Conservation (Macropod) Conservation Plan 2005.

management instrument means—

(a)the Protected Areas Management Regulation; and

(b)the Wildlife Management Regulation; and

(c)a conservation plan.

management principles, for a protected area, means the principles prescribed under part 4, division 1, of the Act.

marine park Act means either of the following—

(a)the Marine Parks Act 2004;

(b)the Great Barrier Reef Marine Park Act 1975 (Cwlth).

marine park permission means a permission granted under a marine park Act.

material change of use ...

member, of the Australian Defence Force, see the Defence Act 1903 (Cwlth), section 4.

mobile facility means a semitrailer or truck that has, attached to it, a refrigerated room in which animals may be stored.

month means a period—

(a)starting at the beginning of any day of a calendar month; and

(b)ending—

(i)immediately before the beginning of the corresponding day of the following calendar month; or

(ii)if there is no corresponding day in the following calendar month—at the end of the following calendar month.

new permit, for part 2, division 3, subdivision 2A, see section 33A.

notice means written notice.

officer, of an incorporated association, see the Associations Incorporation Act 1981, schedule.

official tag ...

operational work ...

organised event—

1An organised event is a non-commercial activity involving the organised use of a part of a protected area that is likely to have a detrimental impact on the part, or affect the use of the area by other persons, having regard to the following—

(a)the location of the part;

(b)the number of people, vehicles or animals involved in the activity or likely to be in the part when the activity is conducted;

(c)the type of activity;

(d)the timing of the activity;

(e)any likely disturbance to the part as a result of conducting the activity;

(f)the extent to which the conducting of the activity may restrict access to the part by the general public.

Examples of an activity that may be an organised event—

concert, competitive sporting event, training exercises conducted by the Australian Defence Force, vehicle rally

2An organised event does not include an activity that is conducted—

(a)by a community or group of Aboriginal people under Aboriginal tradition in a protected area with which the community or group has a traditional, customary or historical link under Aboriginal tradition; or

(b)by a community or group of Torres Strait Islanders under Island custom in a protected area with which the community or group has a traditional, customary or historical link under Island custom; or

(c)under an authority (however called) under the Act.

other party, to a commercial activity agreement, see section 89(a).

owner, of a seized thing, means—

(a)if the chief executive is aware of the actual owner of the thing immediately before the seizure—the owner; or

(b)otherwise—a person who would be entitled to the possession of the thing had it not been seized.

part, for a protected plant, includes a stem, phyllode, foliage, bud, flower, spore, seed, fruit, bark, oil, root, rhizome, resin, gum, exudate, gall, genetic material, chemical and any other structural component or constituent, of the plant.

particulars, of an animal or a protected plant, includes the identification code for—

(a)for an animal—any electromagnetic implant inserted into an animal or any tag attached to the animal; or

(b)for a protected plant—any tag attached to the plant.

permit holder, for part 2, division 3, subdivision 2A, see section 33B(1).

Planning Act ...

poison means—

(a)a poison as defined under the Health (Drugs and Poisons) Regulation 1996, appendix 9; and

(b)any other substance that operates in a similar way to a poison mentioned in paragraph (a).

prescribed commercial activity means a commercial activity declared to be a prescribed commercial activity under the Protected Areas Management Regulation, section 77.

prescribed day, for a relevant record particular, means—

(a)for a record particular relating to activities carried out under a commercial activity permit—the day the activities are carried out; or

(b)for an animal record particular—

(i)for the particulars of an animal—on the day the animal is obtained; or

(ii)for the particulars of the taking of an animal—on the day the animal is taken; or

(iii)for the particulars of a transaction under which an animal is obtained or disposed of—on the day of the transaction; or

(iv)for the particulars of an escape or death of an animal—on the day of the escape or death; or

(v)for the particulars about an offspring of an animal—

(A)if the offspring is raised by the offspring’s parents—the day the offspring becomes independent of the offspring’s parents; or

(B)if the offspring is raised by hand or artificial incubation—the day the offspring is separated from the offspring’s parents; or

(c)for a particular for a protected plant harvest record—within 24 hours after the event to which the record relates happens;

(d)for a particular for a protected plant trade record—

(i)if a whole protected plant is taken or otherwise obtained under a licence or exemption mentioned in section 120(1)(e)—

(A)for the particulars of a whole protected plant obtained other than under a transaction, natural increase or propagation—on the day the plant was obtained; or

(B)for the particulars about a whole protected plant obtained or disposed of under a transaction—on the day of the transaction; or

(C)for the particulars about a natural increase or artificial propagation—on the day of the increase or propagation; or

(D)for the particulars about the death of the plant—on the day of the death; or

(ii)if protected plant parts are taken or otherwise obtained under a licence or exemption mentioned in section 120(1)(e)—

(A)for the particulars of a plant part obtained other than under a transaction—on the day the plant part was obtained; or

(B)for the particulars about a protected plant part obtained or disposed of under a transaction—on the day of the transaction; or

(C)for the particulars about a loss or destruction of the plant part—on the day of the loss or destruction.

prescribed exempt bird record see section 120(b).

prescribed fee means a fee payable under part 8.

prescribed period means—

(a)for a commercial activity permit—

(i)if the chief executive has given the holder of the permit a notice stating each prescribed period for the permit—each stated period; or

(ii)otherwise—

(A)each period of 3 months starting after the permit is granted; and

(B)if the permit ends within a 3-month period mentioned in subparagraph (i)—the period starting on the day the 3-month period started and ending on the day the permit ends; or

(b)for a commercial wildlife licence for an animal, commercial wildlife licence (mobile), wildlife farming licence, museum licence, educational purposes permit, or scientific purposes permit—

(i)each period of 1 year starting after the licence or permit is granted; and

(ii)if the licence or permit ends within a year mentioned in subparagraph (i)—the period starting on the day the year started and ending on the day the licence or permit ends; or

(c)for a commercial wildlife harvesting licence, recreational wildlife harvesting licence, damage mitigation permit, or collection authority to take and keep least concern animals—

(i)each period of 3 months starting after the licence, permit or authority is granted; and

(ii)if the licence, permit or authority ends within a 3-month period mentioned in subparagraph (i)—the period starting on the day the 3-month period started and ending on the day the licence, permit or authority ends; or

(d)for a permit to keep wildlife—

(i)if the holder of the permit is required to keep a record for an animal kept under the permit—

(A)each period of 1 year starting after the permit is granted; and

(B)if the permit ends within a year mentioned in sub-subparagraph (A)—the period starting on the day the year started and ending on the day the permit ends; or

(ii)otherwise—each day an animal kept under the permit dies or escapes.

prescribed structure means equipment or a construction used to facilitate filming or photography, and—

(a)includes a tower, platform, generator, vehicle, shelter and building; but

(b)does not include—

(i)a camera or camera accessories; or

(ii)a tripod; or

(iii)a portable hide large enough to shelter only 1 person; or

(iv)a power source consisting of only dry cells or a single wet cell battery; or

(v)a vehicle used only for transport, or camping under a permit or agreement under the Act or the Recreation Areas Management Act 2006.

protected area means a protected area to which the Protected Areas Management Regulation applies, or a part of the protected area.

Note—

For the protected areas to which the Protected Areas Management Regulation applies, see chapter 1, part 2, of that regulation.

protected area authority means a permit or authority mentioned in section 9 or 10.

Protected Areas Management Regulation means the Nature Conservation (Protected Areas Management) Regulation 2006.

protected plant harvest record see section 120(1)(d).

protected plant part ...

protected plant parts record particulars ...

protected plants code of practice means the document called ‘The code of practice for the harvest and use of protected plants’, approved by the chief executive under section 174A of the Act and published on the department’s website.

Note—

A copy of the code is open for public inspection, during office hours on business days, at the department’s head office and each regional office of the department. See section 174A(3) of the Act.

Protected Plants Conservation Plan ...

protected plant trade record see section 120(1)(e).

public notice means a notice published in—

(a)a newspaper circulating generally in the area in which the protected area the subject of the notice is located; and

(b)a newspaper circulating throughout the State.

reasonably believes means believes on grounds that are reasonable in all the circumstances.

reasonably considers means considers on grounds that are reasonable in all the circumstances.

reconfiguring a lot ...

record, for a relevant authority or an exemption under the Wildlife Management Regulation, means the record required, under the Act, to be kept for the authority or exemption.

record and return book means a record and return book supplied by the chief executive.

record book means a record book supplied by the chief executive.

recreational plant society means a society that—

(a)is an incorporated association; and

(b)has, as one of its main functions, the conservation of plants.

regulatory notice see the Protected Areas Management Regulation, section 70.

related permission, for a joint marine park authority permit, means a marine park permission forming a part of the joint marine park authority that includes the permit.

relevant arrangement means—

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

(i)granted, made, issued or given under section 34 of the Act; or

(ii)granted under section 36 of the Act; or

(iii)renewed under section 37 of the Act; or

(b)a lease granted under the Land Act 1994 in the way mentioned in section 38 of the Act; or

(c)a commercial activity agreement entered into for a purpose related to providing accommodation to persons in the protected area to which the agreement applies.

relevant authority means—

(a)a protected area authority; and

(b)a wildlife authority.

relevant day, for schedule 2, see schedule 2, section 1.

relevant person—

1For the holder of a protected area authority, means—

(a)for an Aboriginal tradition or Island custom authority—a person stated on the authority as a person who may take, keep, use or interfere with cultural or natural resources of the area, under the authority; or

(b)for another protected area authority—

(i)if the holder is an individual—an employee or agent of the individual if the employee or agent is acting under the direction of the individual; or

(ii)if the holder is a corporation—an executive officer, employee or agent of the corporation, if the officer, employee or agent is acting for the corporation.

2For the holder of a wildlife authority, means—

(a)for a rehabilitation permit—

(i)if the holder is an individual—an employee or agent of the individual if the employee or agent is acting under the direction of the individual; or

(ii)if the holder is a corporation other than an incorporated association—

(A)the person stated on the permit as the person in charge of the licensed premises for the permit; and

(B)an executive officer, employee or agent of the corporation, if the officer, employee or agent is acting under the direction of the person mentioned in sub-subparagraph (A); or

(iii)if the holder is an incorporated association—

(A)the person stated on the permit as the person in charge of the activity for which the permit is granted; and

(B)an officer, member, employee or agent of the holder, if the member, employee or agent is acting under the direction of the person mentioned in sub-subparagraph (A); or

(b)for an Aboriginal tradition or Island custom authority—each person stated on the authority as a person who may take, keep or use wildlife, under the authority; or

(c)for a collection authority to take and keep least concern animals—each member of the Australian Defence Force; or

(d)for another wildlife authority—

(i)if the holder is an individual—an employee or agent of the individual if the employee or agent is acting under the direction of the holder; or

(ii)if the holder is a corporation—

(A)the person stated on the licence, permit or authority as the person in charge of the licensed premises for the licence, permit or authority; and

(B)an executive officer, employee or agent of the corporation, if the officer, employee or agent is acting under the direction of the person mentioned in sub-subparagraph (A).

relevant record particulars, for a record, means—

(a)for a record for a commercial activity permit—details about the activities carried out, under the permit, including the number of persons taking part in the activities; or

(b)for a prescribed exempt bird record—the animal record particulars for each prescribed exempt bird to which the record relates; or

(c)for a record for a wildlife authority for an animal other than a museum licence—the animal record particulars for each animal kept under the licence; or

(d)for a record for a museum licence—the animal record particulars for each live animal kept under the licence; or

(e)for a protected plant harvest record or a protected plant trade record—a particular that the protected plants code of practice states must be included in the record.

renewal request, for part 2, division 3, subdivision 2A, see section 33B(1).

reviewable decision means the following decisions of the chief executive—

(a)a decision for which an information notice must be given;

(b)a decision to refuse to give an approval or authorisation under a management instrument;

(c)a decision to impose a condition on an approval or authorisation given under a management instrument;

(d)a decision to give a notice under the Wildlife Management Regulation, section 331(2).

review decision ...

review notice ...

seized thing see section 109.

seizure notice, for a seized thing, means a notice given for the thing, under section 114.

self-registration camping area means a protected area stated to be a self-registration camping area by a self-registration camping notice.

self-registration camping notice see section 41(1).

seller, for part 3, division 6, see section 95(1).

semitrailer see the Transport Operations (Road Use Management) Act 1995, schedule 4.

sick, in relation to a protected animal, includes suffering from the behavioural disorder in animals known as human imprinting.

stock means alpacas, buffalo, camels, cattle, donkeys, deer, goats, horses, llama, ostriches, peafowl and sheep.

substantially the same, for part 2, division 3, subdivision 2A, see section 33E(1).

tag includes a band, ring, implant, label or other thing that may be attached to wildlife.

term, of a relevant authority, see section 17.

truck see the Transport Operations (Road Use Management) Act 1995, schedule 4.

type A restricted plant ...

type B restricted plant ...

voluntary conservation organisation means an organisation that—

(a)is an incorporated association; and

(b)has, as one of its objects or functions, the conservation of native plants.

volunteer community organisation means an organisation that has organising the provision of community services by volunteers as its primary object or function.

whole, for a protected plant, includes—

(a)a seedling, but not an ungerminated seed; and

(b)if a person divides a plant into 1 or more viable plants—each viable plant.

whole protected plants record particulars ...

wildlife authority means a licence, permit or authority mentioned in section 11, 12, 13, 14, 15 or 16.

Wildlife Management Regulation means the Nature Conservation (Wildlife Management) Regulation 2006.

Wildlife Regulation means the Nature Conservation (Wildlife) Regulation 2006.

year means a period of 12 months—

(a)starting at the beginning of any day of a calendar year; and

(b)ending—

(i)immediately before the beginning of the corresponding day of the following calendar year; or

(ii)if the year started on 29 February of a year—at the end of 28 February of the following calendar year.