Nature Conservation Amendment Regulation (No. 1) 2006 (Qld)

Queensland Nature Conservation Amendment Regulation (No. 1) 2006 Subordinate Legislation 2006 No. 134 made under the NatureConservationAct1992 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 50 (Restrictions on grant of apiary permit) . . . . 2 4 Amendment of s 78 (Plants not to be brought into protected area) ........................................ 2 5 Amendment of s 86 (Animals) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Insertion of new ss 86A and 86B . . . . . . . . . . . . . . . . . . . . . . . . . 3 86A Bringing into and keeping of dogs in protected area . 3 86B Complying with direction to remove animal . . . . . . . . 4 7 Insertion of new s 91AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 91AA Permitted dog-walking . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Replacement of s 475A (Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184) . . . . . . . . . . 5 475A Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184 . . . . . . . . . . . 6 475B Prescribed forest reserves for temporary continuation of horse riding—Act, s 184A . . . . . . . . . 6 9 Amendment of sch 7 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Replacement of sch 9A (Prescribed forest reserves for temporary continuation of beekeeping) . . . . . . . . . . . . . . . . . . . . 7 11 Insertion of new sch 9B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 2 s5 Nature Conservation Amendment Regulation (No. 1) No. 134, 2006 2006 1 Short title This regulation may be cited as the Nature Conservation Amendment Regulation (No. 1) 2006 . 2 Regulation amended This regulation amends the NatureConservationRegulation 1994. 3 Amendment of s 50 (Restrictions on grant of apiary permit) Section 50(3)— omit, insert — ‘(3) The permit must not allow more than 150 beehives for an apiary site.’. 4 Amendment of s 78 (Plants not to be brought into protected area) Section 78(2)— insert— ‘(d) for consumption by an animal lawfully brought into the area.’. 5 Amendment of s 86 (Animals) (1) Section 86(2)(c) to (e)— renumber as section 86(2)(e) to (g). (2) Section 86(2)— insert— ‘(c) to a horse brought into a prescribed national park (recovery), if the horse is kept in a part of the park identified on a regulatory notice as being a horse trail; or (d) if dog-walking is permitted in a conservation park or resources reserve under a regulatory notice—to a dog

s6 3 s6 Nature Conservation Amendment Regulation (No. 1) No. 134, 2006 2006 brought into the conservation park or resources reserve for dog-walking; or’. (3) Section 86— insert — ‘(3) In this section— prescribed national park ( recovery) means a national park (recovery), or a part of a national park (recovery)— (a) to which section 184A 1 of the Act applies; and (b) that was formerly a forest reserve prescribed under section 475B and schedule 9B. 2 ’. 6 Insertion of new ss 86A and 86B After section 86— insert — ‘86A Bringing into and keeping of dogs in protected area ‘(1) A person must not bring a dog into, or keep a dog in, a protected area unless the dog is under control. Maximum penalty—20 penalty units. ‘(2) A person who brings a dog into, or keeps a dog in, a protected area must, if the dog defecates in the area— (a) immediately collect any faeces deposited by the dog and enclose them in a secure bag or wrapping; and (b) deposit the enclosed faeces— (i) in a bin identified by the chief executive as appropriate for that purpose; or 1 Section 184A (Provision to allow horse riding in particular former forest reserves until 24 November 2013) of the Act 2 Section 475B (Prescribed forest reserves for temporary continuation of horse riding—Act, s 184A) and schedule 9B (Prescribed forest reserves for temporary continuation of horse riding)

s6 4 s6 Nature Conservation Amendment Regulation (No. 1) No. 134, 2006 2006 (ii) if no bin in the protected area has been identified by the chief executive—in, on or at a place outside the area. Maximum penalty—20 penalty units. ‘(3) In this section— under control , for a dog, means— (a) a person who is physically able to control the dog is holding the dog by a leash that is appropriate to restrain the dog; or (b) the dog— (i) is securely tethered to an object that the dog can not move; and (ii) is under the supervision of a person who is physically able to control the dog; or (c) the dog is being transported in an enclosed vehicle, carry cage or other suitable closed container; or (d) the dog is being transported on the tray of a vehicle and is securely tethered so as to be confined to the vehicle tray. ‘86B Complying with direction to remove animal ‘(1) A conservation officer may give a person in charge of an animal in a protected area an oral or written direction to remove the animal from the area if the officer reasonably believes that the animal— (a) is unlawfully in the area; or (b) has been causing a nuisance or disturbance in the area; or (c) is a danger to persons or wildlife in the area. ‘(2) The person must, unless the person has a reasonable excuse— (a) remove the animal from the area; and

s7 5 s8 Nature Conservation Amendment Regulation (No. 1) No. 134, 2006 2006 (b) ensure the animal is not returned to the area within 24 hours after its removal. Maximum penalty—40 penalty units. ‘(3) In this section— person in charge , of an animal, has the meaning given by the Animal Care and Protection Act 2001 , section 12.’. 7 Insertion of new s 91AA Chapter 2, part 9, division 1— insert — ‘91AA Permitted dog-walking ‘(1) The chief executive may erect or place a regulatory notice at the entrance of a conservation park or resources reserve stating that dog-walking is permitted in the park or reserve. ‘(2) However, the chief executive may erect or place the notice only if the chief executive is satisfied— (a) the conservation park or resources reserve was previously widely used for dog-walking before it was dedicated as a conservation park or resources reserve; and (b) that allowing dogs into the conservation park or resources reserve will not result in— (i) any damage to a cultural resource of the park or reserve; or (ii) a significant adverse effect on a natural resource of the park or reserve.’. 8 Replacement of s 475A (Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184) Section 475A— omit, insert —

s8 6 s8 Nature Conservation Amendment Regulation (No. 1) No. 134, 2006 2006 ‘475A Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184 ‘(1) Each forest reserve and former forest reserve mentioned in schedule 9A is prescribed for section 184 3 of the Act. ‘(2) For subsection (1) and schedule 9A, a reference to a former forest reserve in schedule 9A is a reference to the area that was dedicated as the forest reserve immediately before the area became dedicated as a national park or national park (recovery). ‘(3) Subsection (4) applies if an area that was formerly dedicated as a forest reserve is dedicated as a national park or national park (recovery). ‘(4) The chief executive must ensure a map that shows the part of the national park or national park (recovery) that was formerly dedicated as the forest reserve is available for inspection by the public, free of charge, at the department’s central office. ‘475B Prescribed forest reserves for temporary continuation of horse riding—Act, s 184A ‘(1) Each forest reserve and former forest reserve mentioned in schedule 9B is prescribed for section 184A 4 of the Act. ‘(2) For subsection (1) and schedule 9B, a reference to a former forest reserve in schedule 9B is a reference to the area that was dedicated as the forest reserve immediately before it became dedicated as a national park (recovery). ‘(3) Subsection (4) applies if an area that was formerly dedicated as a forest reserve is dedicated as a national park (recovery). ‘(4) The chief executive must ensure a map that shows the part of the national park (recovery) that was formerly dedicated as the forest reserve is available for inspection by the public, free of charge, at the department’s central office.’. 3 Section 184A (Provision to allow horse riding in particular former forest reserves until 24 November 2013) of the Act 4 Section 184A (Provision to allow horse riding in particular former forest reserves until 24 November 2013) of the Act

s 9 7 s 10 Nature Conservation Amendment Regulation (No. 1) No. 134, 2006 2006 9 Amendment of sch 7 (Fees) Schedule 7, part 1, item 6, ‘permit—’— omit, insert — ‘permit—for each apiary site—’. 10 Replacement of sch 9A (Prescribed forest reserves for temporary continuation of beekeeping) Schedule 9A— omit, insert — ‘Schedule 9A Prescribed forest reserves for temporary continuation of beekeeping sections 50 and 475A ‘Part 1 Forest reserves to become, and former forest reserves that have become, national park Name of forest reserve or former forest reserve Alford Forest Reserve Austinville Forest Reserve 1 Bania Forest Reserve Beerburrum Forest Reserve 1 Beerburrum Forest Reserve 2 Beerwah Forest Reserve Bellthorpe Forest Reserve 2 Bingera Forest Reserve Blackdown Tableland Forest Reserve Boompa Forest Reserve 2 Bulburin Forest Reserve Permitted number of apiary sites 2 1 4 9 1 5 25 2 14 2 6

s 10 8 s 10 Nature Conservation Amendment Regulation (No. 1) No. 134, 2006 2006 Name of forest reserve or former forest reserve Burnett Creek Forest Reserve Cherbourg Forest Reserve Clagiraba Forest Reserve Conondale Forest Reserve 1 Conondale Forest Reserve 2 Cordalba Forest Reserve D’Aguilar Forest Reserve Dan Dan Forest Reserve Deer Reserve Forest Reserve Emu Vale Forest Reserve Enoggera Forest Reserve Gatton Forest Reserve Geham Forest Reserve Goomboorian Forest Reserve Goomburra Forest Reserve Grongah Forest Reserve Gympie Forest Reserve Imbil Forest Reserve 1 Kandanga Forest Reserve Kenilworth Forest Reserve Kirrama Forest Reserve Kroombit Tops Forest Reserve Littabella Forest Reserve Lockyer Forest Reserve Maleny Forest Reserve 3 Mapleton Forest Reserve Marodian Forest Reserve Maroochy Forest Reserve 1 Maroochy Forest Reserve 3 Miva Forest Reserve Mooloolah Forest Reserve Mount Binga Forest Reserve Permitted number of apiary sites 2 8 3 12 134 5 38 1 4 1 6 1 1 15 2 15 18 4 79 53 3 32 6 10 1 28 14 2 1 1 4 2

s 10 9 s 10 Nature Conservation Amendment Regulation (No. 1) No. 134, 2006 2006 Name of forest reserve or former forest reserve Mount Mee Forest Reserve Mt Glorious Forest Reserve Mt Mathieson Forest Reserve Nangur Forest Reserve Nerang Forest Reserve Neumgna Forest Reserve Nour Nour Forest Reserve Numinbah Forest Reserve Palen Forest Reserve 1 Palen Forest Reserve 2 Perserverence Creek Forest Reserve Pidna Forest Reserve Polmaily Forest Reserve 2 Spicers Gap Forest Reserve Tamborine Forest Reserve Teebar Forest Reserve 1 Teviot Forest Reserve Tewantin Forest Reserve 1 Tewantin Forest Reserve 3 Toolara Forest Reserve Tuchekoi Forest Reserve Walli Forest Reserve Warro Forest Reserve Womalah Forest Reserve Wonbah Forest Reserve Wongi Forest Reserve Woocoo Forest Reserve Woondum Forest Reserve 1 Woondum Forest Reserve 2 Wrattens Forest Reserve Yabba Forest Reserve 2 Permitted number of apiary sites 30 60 2 12 19 12 9 8 1 1 9 2 1 3 7 1 1 7 1 7 4 4 11 1 1 51 2 21 4 95 3

s 11 10 s 11 Nature Conservation Amendment Regulation (No. 1) No. 134, 2006 2006 ‘Part 2 Forest reserves to become, and former forest reserves that have become, national park (recovery) Name of forest reserve or former forest reserve Austinville Forest Reserve 2 Bellthorpe Forest Reserve 2 Lockyer Forest Reserve Mapleton Forest Reserve Moggill Forest Reserve Mount Mee Forest Reserve Numinbah Forest Reserve Tamborine Forest Reserve Tewantin Forest Reserve 1 Permitted number of apiary sites 1 1 31 14 9 11 4 2 9’. 11 Insertion of new sch 9B After schedule 9A— insert — ‘Schedule 9B Prescribed forest reserves for temporary continuation of horse riding section 86(3), definition prescribed national park ( recovery) and section 475B Austinville Forest Reserve 2 Bania Forest Reserve Bellthorpe Forest Reserve 2 Conondale Forest Reserve 1

s 11 11 s 11 Nature Conservation Amendment Regulation (No. 1) No. 134, 2006 2006 Conondale Forest Reserve 2 D'Aguilar Forest Reserve Enoggera Forest Reserve Goomboorian Forest Reserve Imbil Forest Reserve 1 Lockyer Forest Reserve Kenilworth Forest Reserve Mapleton Forest Reserve Moggill Forest Reserve Mooloolah Forest Reserve Mount Mee Forest Reserve Mt Glorious Forest Reserve Nour Nour Forest Reserve Tamborine Forest Reserve Tewantin Forest Reserve 1 Wickham Forest Reserve Woondum Forest Reserve 1’. ENDNOTES 1 Made by the Governor in Council on 15 June 2006. 2 Notified in the gazette on 16 June 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Environmental Protection Agency. © State of Queensland 2006