Nature Conservation and Other Legislation Amendment Act 2000 (Qld)

NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT ACT 2000—Act No. 44 of 2000

Queensland NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT ACT 2000 Act No. 44 of 2000

Queensland NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT ACT 2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—AMENDMENT OF NATURE CONSERVATION ACT 1992 3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Insertion of new pt 3, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Amendment of s 7 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Insertion of new pt 3, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 14 (Classes of protected areas to which Act applies) . . . 7 8 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 19A Management principles of national parks (recovery) . . . . . . . . . . . . 8 9 Amendment of s 21 (Management principles of resources reserves) . . . . . 8 10 Amendment of s 27 (Prohibition on mining) . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Insertion of new pt 4, div 2, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Amendment of s 28 (Meaning of “protected area” in division) . . . . . . . . . 9 13 Insertion of new pt 4, div 2, sdiv 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 Amendment of s 29 (Dedication of protected areas) . . . . . . . . . . . . . . . . . . 9 15 Amendment of s 32 (Revocation of protected areas) . . . . . . . . . . . . . . . . . . 9 16 Amendment of s 33 (Amalgamation etc. of protected areas) . . . . . . . . . . . 9 17 Insertion of new pt 4, div 2, sdiv 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 18 Amendment of s 34 (Leases etc. over protected areas) . . . . . . . . . . . . . . . . 10 19 Amendment of s 35 (Chief executive’s powers about permitted uses in national parks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Nature Conservation and Other Legislation Amendment No. 44, 2000 20 Replacement of s 36 (Chief executive’s powers to grant authorities for new national parks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 36 Authorities for new national park or national park (recovery) . . . . . 11 21 Insertion of new pt 4, div 2, sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Subdivision 4—Environmental impact statements 39A Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 39B Chief executive may require EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 39C EIS must be considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Insertion of new pt 4, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 3A—Regeneration plans for national parks (recovery) 42A Obligation to prepare regeneration plan . . . . . . . . . . . . . . . . . . . . . . . 14 42B Purpose of regeneration plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 42C Publication of draft regeneration plan . . . . . . . . . . . . . . . . . . . . . . . . 14 42D Comments to be considered before final plan made . . . . . . . . . . . . . 15 42E Final regeneration plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 42F Implementation of final regeneration plan . . . . . . . . . . . . . . . . . . . . . 15 23 Amendment of s 61 (Property in cultural and natural resources) . . . . . . . . 15 24 Amendment of s 62 (Restriction on taking etc. of cultural and natural resources of protected areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 25 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 4A—FOREST RESERVES Division 1—Preliminary 70A Purpose of pt 4A and its achievement . . . . . . . . . . . . . . . . . . . . . . . . 17 70B Definitions for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 2—Dedication and revocation 70C Dedication of forest reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 70D Naming of forest reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 70E Revocation of forest reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 3—Management of forest reserves Subdivision 1—Management principles of forest reserves 70F Management principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

3 Nature Conservation and Other Legislation Amendment No. 44, 2000 Subdivision 2—Management 70G State forest or timber reserve dedicated as a forest reserve . . . . . . . 20 70H Land Act reserve dedicated as a forest reserve . . . . . . . . . . . . . . . . . 21 70I Management principles prevail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 4—Progression to protected area Subdivision 1—Review of forest reserves 70J Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Subdivision 2—Proposed protected areas 70K Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 70L Effect of designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 70M When designation ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 70N Register of proposed protected areas . . . . . . . . . . . . . . . . . . . . . . . . . 23 70O Amendment of designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 5—Miscellaneous provisions 70P References to State forest or timber reserve in other legislation . . . 25 70Q References to Land Act reserves in other legislation . . . . . . . . . . . . 25 Division 6—Expiry of pt 4A 70R Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 26 Amendment of s 88 (Restriction on taking etc. protected animals) . . . . . . 25 27 Amendment of s 89 (Restriction on taking etc. protected plants) . . . . . . . . 26 28 Amendment of s 90 (Restriction on using threatened or rare plants) . . . . . 26 29 Amendment of s 91 (Prohibition on release etc. of international and prohibited wildlife) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 30 Amendment of s 97 (Restriction on taking etc. of native wildlife in areas of major interest and critical habitats) . . . . . . . . . . . . . . . . . . . . . . 27 31 Amendment of s 99 (Offence to trespass—general) . . . . . . . . . . . . . . . . . . . 28 32 Amendment of s 111 (Management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . 28 33 Amendment of s 133 (Chief executive to keep register) . . . . . . . . . . . . . . . 28 34 Amendment of s 174 (Application of Statutory Instruments Act) . . . . . . . . 29 35 Insertion of new s 174A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 174A Chief executive may make codes of practice . . . . . . . . . . . . . . . . . . 29 36 Amendment of s 175 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

4 Nature Conservation and Other Legislation Amendment No. 44, 2000 37 Insertion of new s 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 183 Authorities under former Act about national parks . . . . . . . . . . . . . . 30 38 Insertion of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SCHEDULE DICTIONARY 39 Amendment to omit headings following cross references . . . . . . . . . . . . . . 31 PART 3—AMENDMENT OF STATUTORY INSTRUMENTS ACT 1992 40 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 41 Amendment of sch 2A (Subordinate legislation to which part 7 does not apply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 4—MINOR AMENDMENTS OF ACTS 42 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 33 MINOR AMENDMENTS FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 FOSSICKING ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 MINERAL RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 NATURE CONSERVATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 RECREATION AREAS MANAGEMENT ACT 1988 . . . . . . . . . . . . . . . . . 35 RURAL LANDS PROTECTION ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . . 36 VALUATION OF LAND ACT 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Queensland Nature Conservation and Other Legislation Amendment Act 2000 Act No. 44 of 2000 An Act to amend the NatureConservationAct1992 , and for other purposes [Assented to 25 October 2000]

s1 6 s4 Nature Conservation and Other Legislation Amendment No. 44, 2000 The Parliament of Queensland enacts— PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Nature Conservation and Other Legislation Amendment Act 2000 . ˙ Commencement 2. Section 25, to the extent it inserts the Nature Conservation Act 1992 , part 4A, division 6, commences on a day to be fixed by proclamation. 1 PART 2—AMENDMENT OF NATURE CONSERVATION ACT 1992 ˙ Act amended in pt 2 and schedule 3.(1) This part amends the Nature Conservation Act 1992 . (2) The schedule also includes amendments of the Nature ConservationAct 1992 . ˙ Insertion of new pt 3, div 1 hdg 4. Part 3— insert— ‘ Division 1—Dictionary ’. 1 Section 25 (Insertion of new pt 4A) Part 4A, division 6 (Expiry of pt 4A)

s5 7 s8 Nature Conservation and Other Legislation Amendment No. 44, 2000 ˙ Amendment of s 7 (Definitions) 5.(1) Section 7, ‘In this Act—’— omit, insert— ‘The dictionary in the schedule defines particular words used in this Act.’. (2) Section 7— insert— ‘ “EIS” means an environmental impact statement. “regeneration plan” means a regeneration plan made under part 4, division 3A.’. (3) Section 7, definitions, as amended— relocate to the schedule as inserted by this Act. ˙ Insertion of new pt 3, div 2 hdg 6. After section 7— insert— ‘ Division 2—Key definitions ’. ˙ Amendment of s 14 (Classes of protected areas to which Act applies) 7.(1) Section 14— insert— ‘(da)national parks (recovery); and’. (2) Section 14(da) to (k)— renumber as section 14(e) to (l). ˙ Insertion of new s 19A 8. After section 19— insert—

s 9 8 s 11 Nature Conservation and Other Legislation Amendment No. 44, 2000 ˙ ‘ Management principles of national parks (recovery) ‘ 19A. A national park (recovery) is to be managed to do the following— (a) protect or restore, to the greatest possible extent, the park’s natural condition and protect its cultural resources and values so that it can be dedicated as a national park; (b) provide for the manipulation of the park’s natural resources to restore its conservation values; (c) ensure any commercial or other use of the park’s natural resources to restore its conservation values is consistent with an approved regeneration plan for the park; (d) ensure any other use of the park is nature-based.’. ˙ Amendment of s 21 (Management principles of resources reserves) 9. Section 21(2), ‘Commercial forestry operations’— omit, insert — ‘The felling of timber for a commercial purpose’. ˙ Amendment of s 27 (Prohibition on mining) 10. Section 27(1)(e)— omit, insert— ‘(e) a national park (recovery); or (f) a conservation park.’. ˙ Insertion of new pt 4, div 2, sdiv 1 hdg 11. Part 4, division 2— insert— ‘ Subdivision 1—Preliminary ’.

s 12 9 s 16 Nature Conservation and Other Legislation Amendment No. 44, 2000 ˙ Amendment of s 28 (Meaning of “protected area” in division) 12.(1) Section 28, definition “protected area” — insert— ‘(ba)a national park (recovery); or’. (2) Section 28, definition “protected area” , paragraphs (ba) to (d)— renumber as paragraphs (c) to (e). ˙ Insertion of new pt 4, div 2, sdiv 2 hdg 13. After section 28— insert— ‘ Subdivision 2—Dedication, revocation and amalgamation ’. ˙ Amendment of s 29 (Dedication of protected areas) 14.(1) Section 29(1)— insert— ‘(ba)a national park (recovery); or’. (2) Section 29(1)(ba) to (d)— renumber as section 28(c) to (e). ˙ Amendment of s 32 (Revocation of protected areas) 15. Section 32(3)— omit . ˙ Amendment of s 33 (Amalgamation etc. of protected areas) 16. Section 33(3)— omit .

s 17 10 s 19 Nature Conservation and Other Legislation Amendment No. 44, 2000 ˙ Insertion of new pt 4, div 2, sdiv 3 hdg 17. After section 33— insert— ‘ Subdivision 3—Interests in protected areas ’. ˙ Amendment of s 34 (Leases etc. over protected areas) 18.(1) Section 34(1)(a)(i), ‘or national park’— omit, insert— ‘, national park or national park (recovery)’. (2) Section 34(2)(b)— omit, insert— ‘(b) if a management plan has been approved for the area, the management plan.’. ˙ Amendment of s 35 (Chief executive’s powers about permitted uses in national parks) 19.(1) Section 35, heading, after ‘ national parks ’— insert— ‘ or national parks (recovery) ’. (2) Section 35(1), after ‘national park’— insert— ‘or national park (recovery)’. (3) Section 35(1)(b)(i), before ‘the cardinal principle’— insert— ‘if the land is in a national park,’. (4) Section 35(1)(b)— insert— ‘(ia) if the land is in a national park (recovery), the management

s 20 11 s 20 Nature Conservation and Other Legislation Amendment No. 44, 2000 principle under section 19A(a) will be observed to the greatest possible extent; and’. (5) Section 35(1)(b)(ia) to (iv)— renumber as section 35(1)(b)(ii) to (v). ˙ Replacement of s 36 (Chief executive’s powers to grant authorities for new national parks) 20. Section 36— omit, insert— ˙ ‘ Authorities for new national park or national park (recovery) ‘ 36.(1) This section applies if— (a) land is dedicated as a national park or national park (recovery); and (b) immediately before the dedication, the land was being used (the “previous use” ) in a way that is inconsistent with the management principles of the park. ‘ (2) The chief executive may grant an authority (a “previous use authority” ) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication. ‘ (3) However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act1959 , section 46. ‘ (4) A previous use authority must not be renewed. ‘ (5) This section— (a) applies despite sections 15 and 34(2); but (b) does not limit section 35. 2 ‘ (6) In this section— 2 Sections 15 (Management of protected areas), 34 (Leases etc. over protected areas) and 35 (Chief executive’s powers about permitted uses in national parks or national parks (recovery)

s 20 12 s 20 Nature Conservation and Other Legislation Amendment No. 44, 2000 “allowable term” , for a previous use of a national park or national park (recovery), means a term no longer than— (a) if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease— (i) an occupation permit under the ForestryAct1959 , section 35(1)(a) under which the right of occupation is only for a service facility; (ii) a stock grazing permit under the ForestryAct1959 , section 35(1)(c); (iii) an apiary permit under the ForestryAct1959 , section 35(1)(d); (iv) a sales permit under the Forestry Act 1959 , section 46, for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die; 3 (v) a lease under the Land Act 1994 ; or (b) otherwise—3 years after the dedication. “authority” means an agreement or a lease, licence, permit or other authority. “plant parts” means the flowers, foliage, seeds or stems of the plant. “service facility” includes the following— (a) a communications facility, including, for example, a communications tower; (b) a device designed to be used for navigation or the guidance of aircraft or vessels; (c) a transmission grid under the Electricity Act 1994 ; (d) a public water supply facility, including, for example, a public pipeline or pumping station.’. 3 ForestryAct1959 , sections 35 (Power of the corporation to grant permits with respect to land within State forests) and 46 (Corporation may sell forest products or quarry material the property of the Crown)

s 21 13 s 22 Nature Conservation and Other Legislation Amendment No. 44, 2000 ˙ Insertion of new pt 4, div 2, sdiv 4 21. Part 4, division 2, after section 39— insert— ‘ Subdivision 4—Environmental impact statements ˙ ‘ Application of sdiv 4 ‘ 39A.(1) This subdivision applies if a person seeks, under section 34, 35, or 38, an interest in land in a protected area. ‘ (2) This subdivision applies despite any other Act under which the interest is to be created. ˙ ‘ Chief executive may require EIS ‘ 39B.(1) The chief executive may, before the interest is created, require the person to give the chief executive an EIS for the use, or a stated use, of the land under the interest. ‘ (2) The EIS must be prepared in the way prescribed under a regulation. ‘ (3) The person must pay the costs of preparing the EIS. ˙ ‘ EIS must be considered ‘ 39C.(1) If an EIS has been required, the interest must not be created before the EIS has been given to the chief executive. ‘ (2) If an EIS has been given, the chief executive or other person who may create the interest must take the EIS into account before deciding whether or not to create the interest.’. ˙ Insertion of new pt 4, div 3A 22. After part 4, division 3— insert—

s 22 14 s 22 Nature Conservation and Other Legislation Amendment No. 44, 2000 ‘ Division 3A—Regeneration plans for national parks (recovery) ˙ ‘ Obligation to prepare regeneration plan ‘ 42A.(1) The chief executive must, as soon as practicable after the dedication of a national park (recovery), make a regeneration plan for the park. ‘ (2) However, subsection (1) applies only if the chief executive considers a regeneration plan is necessary for the manipulation of the park’s natural resources to restore its conservation values. ‘ (3) A regeneration plan must be made under this division. ˙ ‘ Purpose of regeneration plan ‘ 42B.(1) The purpose of a regeneration plan for a national park (recovery) is to describe how it is proposed to manage the manipulation of the park’s natural resources to restore its conservation values. ‘ (2) If a management plan has been approved for the park, the management procedures under the regeneration plan must be consistent with the management plan. ˙ ‘ Publication of draft regeneration plan ‘ 42C.(1) The chief executive must publish a notice of the preparation of a draft regeneration plan for a national park (recovery) in a newspaper likely to be read by people particularly affected by the draft plan. ‘ (2) The notice must state the following— (a) the location and area of the park; (b) where copies of the draft plan may be obtained or inspected; (c) that any entity may comment about the draft plan to the chief executive; (d) the period during which comments may be made. ‘ (3) The stated period must be at least 35 days after the publication of the notice.

s 23 15 s 23 Nature Conservation and Other Legislation Amendment No. 44, 2000 ‘ (4) A copy of the draft plan must be available free, or on payment of a reasonable price, at the place, or each of the places, stated in the notice. ˙ ‘ Comments to be considered before final plan made ‘ 42D. The chief executive must, before making a final regeneration plan, consider all comments received by the chief executive within the period under section 42C(2)(d) for making comments about the draft regeneration plan. ˙ ‘ Final regeneration plan ‘ 42E.(1) The chief executive must make a final regeneration plan by gazette notice. ‘ (2) The chief executive must keep copies of the plan open for public inspection during office hours on business days at— (a) the department’s head office; and (b) each regional office and district office of the department in whose area the national park (recovery) to which the plan relates is situated; and (c) other places the chief executive considers appropriate. ˙ ‘ Implementation of final regeneration plan ‘ 42F. The chief executive must give effect to a final regeneration plan.’. ˙ Amendment of s 61 (Property in cultural and natural resources) 23.(1) Section 61, ‘national park, conservation park’— omit, insert— ‘national park, national park (recovery), conservation park’. (2) Section 61— insert — ‘ (2) However, if land in a protected area mentioned in subsection (1) was

s 24 16 s 25 Nature Conservation and Other Legislation Amendment No. 44, 2000 included in a forest reserve immediately before the dedication of the protected area, subsection (1) does not extinguish or affect native title or native title rights and interests in relation to the land.’. ˙ Amendment of s 62 (Restriction on taking etc. of cultural and natural resources of protected areas) 24.(1) Section 62(1), after ‘person’— insert — ‘, other than an authorised person,’. (2) Section 62(1)(c)(i), ‘section 34 (Leases etc. over protected areas)’— omit, insert— ‘sections 34 to 38’. (3) Section 62(7)— insert— ‘ “authorised person” means a person as follows performing functions under this Act in relation to the protected area— (a) the chief executive; (b) a conservation officer, public service officer or other employee of the department acting under the chief executive’s authority.’. (4) Section 62(7), definition “national park” , ‘or national park (Torres Strait Islander land)’— omit, insert— ‘, national park (Torres Strait Islander land) or national park (recovery)’. ˙ Insertion of new pt 4A 25. After part 4— insert—

s 25 17 s 25 Nature Conservation and Other Legislation Amendment No. 44, 2000 ‘ PART 4A—FOREST RESERVES ‘ Division 1—Preliminary ˙ ‘ Purpose of pt 4A and its achievement ‘ 70A.(1) The purpose of this part is to assist the dedication of areas within State forests, timber reserves or Land Act reserves as protected areas. ‘ (2) The purpose is achieved primarily by providing for forest reserve dedications as an interim measure to assist the dedication of the areas as protected areas. ‘ (3) It is Parliament’s intention that, subject to any revocation under this part, each area of land dedicated as a forest reserve will become a protected area as soon as practicable after its dedication. ˙ ‘ Definitions for pt 4A ‘ 70B. In this part— “authority” means an agreement or a lease, licence, permit or other authority. “forest reserve” means an area dedicated as a forest reserve under section 70C, the dedication for which has not been revoked under section 70E. “Land Act reserve” means a reserve under the Land Act 1994 . “proposed protected area” means an area designated as a proposed protected area under section 70K(1), the designation for which has not ended under section 70M. “proposed protected area register” means the register that the chief executive keeps under section 70N. “protected area” means any of the following— (a) a national park (scientific); (b) a national park;

s 25 18 s 25 Nature Conservation and Other Legislation Amendment No. 44, 2000 (c) a national park (recovery); (d) a conservation park; (e) a resources reserve. “State forest” means a State forest under the Forestry Act 1959 . “timber reserve” means a timber reserve under the Forestry Act 1959 . ‘ Division 2—Dedication and revocation ˙ ‘ Dedication of forest reserves ‘ 70C. The Governor in Council may, under a regulation, dedicate a stated area of land as a forest reserve if the area is, or is part of, a State forest, timber reserve or Land Act reserve. ˙ ‘ Naming of forest reserves ‘ 70D. A regulation may give a name to, or change the name of, a forest reserve. ˙ ‘ Revocation of forest reserves ‘ 70E.(1) The Governor in Council, may under a regulation, revoke the dedication of a forest reserve or a part of a forest reserve. ‘ (2) The regulation may be made only if the Legislative Assembly has, on a motion of which at least 14 sitting days notice has been given, passed a resolution requesting the Governor in Council to make the revocation. ‘ (3) However, subsection (2) does not apply if the regulation states the purpose of the revocation is to allow the forest reserve to become a protected area.

s 25 19 s 25 Nature Conservation and Other Legislation Amendment No. 44, 2000 ‘ Division 3—Management of forest reserves ‘ Subdivision 1—Management principles of forest reserves ˙ ‘ Management principles ‘ 70F.(1) A forest reserve is to be managed to do the following— (a) protect the biological diversity, cultural resources and values and conservation values of land included in the reserve, having regard to the purpose of this part; (b) provide for the continuation of any lawful existing use of the land; Examples of existing uses that may be lawful existing uses — 1. Apiculture, foliage harvesting, recreation and salvage timber harvesting under the Forestry Act 1959. 2. Grazing under the Forestry Act 1959 or the Land Act 1994. 3. Maintenance and use of existing roads used for timber extraction and other forest management activities under the Forestry Act 1959. 4. Mining under the Mineral Resources Act 1989 . (c) ensure all uses of the land under an authority in relation to the forest reserve made after its dedication are ecologically sustainable; (d) ensure all uses of the land under an authority made after any designation of land in the forest reserve as a proposed protected area are consistent with the management principles for the class of protected area that the land is proposed to become. ‘ (2) However, subsection (1)(b) only applies to the use of the land for commercial logging if the purpose of the logging is to remove plantation trees to restore the land’s conservation values. ‘ (3) To remove any doubt, it is declared that the dedication of the land as a forest reserve or any designation of land in the forest reserve as a proposed protected area does not extinguish or affect native title or native title rights and interests in relation to the land.

s 25 20 s 25 Nature Conservation and Other Legislation Amendment No. 44, 2000 ‘ (4) In this section— “commercial logging” means taking timber for commercial gain, other than— (a) to build, maintain or repair public infrastructure or utilities relating to the forest reserve; or (b) to enhance or protect a lawful use of the land, or to ensure the use may be carried out safely; or (c) to allow native vegetation on the land to be regenerated under a written approval given by the chief executive; or (d) for use as firewood; or (e) incidentally to a lawful use of the land that does not involve taking timber. Example for paragraph (e)— If collecting seeds from trees on the land is lawful, collecting the seeds may involve taking branches from trees that have the seeds on them. “ecologically sustainable” , for use of the land, means use within the capacity of the land to sustain natural processes while— (a) maintaining the life support systems of nature; and (b) ensuring the benefit of the use to present generations does not diminish the potential to meet the needs and aspirations of future generations. “make” , for an authority, includes renew the authority. ‘ Subdivision 2—Management ˙ ‘ State forest or timber reserve dedicated as a forest reserve ‘ 70G.(1) This section applies if land in a State forest or timber reserve is dedicated as a forest reserve. ‘ (2) The land ceases to be land in a State forest or timber reserve. ‘ (3) However—

s 25 21 s 25 Nature Conservation and Other Legislation Amendment No. 44, 2000 (a) the Forestry Act 1959 continues to apply, with necessary changes, in relation to the land and its management as if the land were, and had continued to be, a State forest or timber reserve; but (b) the ForestryAct1959 , section 33 4 does not apply to the management of the land. ‘ (4) This section applies despite the Forestry Act 1959 . ˙ ‘ Land Act reserve dedicated as a forest reserve ‘ 70H.(1) This section applies if land in a Land Act reserve is dedicated as a forest reserve. ‘ (2) The land ceases to be land in a Land Act reserve. ‘ (3) However, the LandAct1994 continues to apply, with necessary changes, in relation to the land and its management as if the land were, and had continued to be, a Land Act reserve. ‘ (4) Also, if a person was, immediately before the dedication, a trustee of the land under the Land Act 1994 , the person continues to be a trustee of the land under that Act. ‘ (5) This section applies despite the Land Act 1994 . ˙ ‘ Management principles prevail ‘ 70I.(1) A forest reserve must be managed under the management principles under section 70F. ‘ (2) If there is an inconsistency between the management principles and a provision of the Forestry Act 1959 or the Land Act 1994 , the management principles prevail to the extent of the inconsistency. ‘ (3) Despite sections 70G and 70H, an action must not be done in relation to the management of a forest reserve if it is inconsistent with the management principles. ‘ (4) In this section— 4 ForestryAct1959 , section 33 (Cardinal principle of management of State forests)

s 25 22 s 25 Nature Conservation and Other Legislation Amendment No. 44, 2000 “action” includes any of the following— (a) making, amending or renewing an authority in relation to a forest reserve; (b) converting an authority to another form of authority; (c) changing the purpose of an authority; (d) offering or agreeing to carry out an action under paragraphs (a) to (c). ‘ Division 4—Progression to protected area ‘ Subdivision 1—Review of forest reserves ˙ ‘ Review ‘ 70J.(1) The chief executive must review each forest reserve to consider the most appropriate class of protected area for land in the reserve. ‘ (2) The review must start as soon as practicable after the dedication of the forest reserve. ‘ Subdivision 2—Proposed protected areas ˙ ‘ Designation ‘ 70K.(1) The chief executive may, by an entry in the proposed protected area register, designate the whole or part of a forest reserve as a proposed protected area if— (a) under section 70J the chief executive has reviewed the reserve; and (b) subsections (2) to (5) have been complied with. ‘ (2) The chief executive must publish a notice of a proposed designation in a newspaper likely to be read by people particularly affected by it. ‘ (3) The notice must state the following—

s 25 23 s 25 Nature Conservation and Other Legislation Amendment No. 44, 2000 (a) the location and area of the proposed protected area; (b) the class of protected area that the area is proposed to become; (c) that any entity may comment about the proposal to the chief executive; (d) the period during which comments may be made. ‘ (4) The stated period must be at least 35 days after the publication of the notice. ‘ (5) The chief executive must consider any comment about the proposal made during the period. ˙ ‘ Effect of designation ‘ 70L.(1) Subject to the management principle under section 70F(1)(d), a proposed protected area designation acts as a proposal only and the area continues to be a forest reserve. ‘ (2) A proposed protected area designation does not— (a) make, or have the effect of making, the area a protected area or a protected area of the class it is proposed to become; or (b) bind the Governor in Council to dedicate, or the chief executive to take action to dedicate, the area as a protected area or as a protected area of that class. ˙ ‘ When designation ends ‘ 70M. The designation of an area as a proposed protected area ends if— (a) the dedication of the area as a forest reserve is revoked; or (b) the area is dedicated as a protected area. ˙ ‘ Register of proposed protected areas ‘ 70N.(1) The chief executive must keep a register of proposed protected areas. ‘ (2) The register must, for each proposed protected area, state—

s 25 24 s 25 Nature Conservation and Other Legislation Amendment No. 44, 2000 (a) its location and area; and (b) the class of protected area that it is proposed to become; and (c) any other information the chief executive considers desirable. ‘ (3) The chief executive may keep the register in the way the chief executive considers appropriate, including, for example, in electronic form. ‘ (4) The chief executive must keep the register open for inspection during office hours on business days at— (a) the department’s head office; and (b) each regional office of the department in whose area the proposed protected area is situated; and (c) other places the chief executive considers appropriate. ˙ ‘ Amendment of designation ‘ 70O.(1) The chief executive may, by an entry in the proposed protected area register, amend the designation of an area as a proposed protected area if subsections (2) to (5) have been complied with. ‘ (2) The chief executive must publish a notice of a proposed amendment in a newspaper likely to be read by people particularly affected by it. ‘ (3) The notice must state the following— (a) the location of the area; (b) the proposed amendment; (c) that any entity may comment about the proposal to the chief executive; (d) the period during which comments may be made. ‘ (4) The stated period must be at least 35 days after the publication of the notice. ‘ (5) The chief executive must consider any comment about the proposal made during the period.

s 26 25 s 26 Nature Conservation and Other Legislation Amendment No. 44, 2000 ‘ Division 5—Miscellaneous provisions ˙ ‘ References to State forest or timber reserve in other legislation ‘ 70P.(1) A reference in another Act or in subordinate legislation to a State forest or timber reserve is, if the context permits, taken to include a forest reserve. ‘ (2) However, subsection (1) does not apply if— (a) the reference is in or under the Forestry Act 1959 ; 5 or (b) the reference is only to the setting apart and dedication of an area as a State forest or timber reserve. ˙ ‘ References to Land Act reserves in other legislation ‘ 70Q.(1) A reference in this or another Act or in subordinate legislation to a Land Act reserve is, if the context permits, taken to include a forest reserve. ‘ (2) However, subsection (1) does not apply if the reference is in or under the Land Act 1994 . ‘ Division 6—Expiry of pt 4A ˙ ‘ Expiry ‘ 70R. This part expires 5 years after this division commences.’. ˙ Amendment of s 88 (Restriction on taking etc. protected animals) 26.(1) Section 88(1), after ‘person’— insert — ‘, other than an authorised person,’. 5 For State forests or timber reserves, see section 70G(3) (State forest or timber reserve dedicated as a forest reserve).

s 27 26 s 28 Nature Conservation and Other Legislation Amendment No. 44, 2000 (2) Section 88— insert— ‘ (5) In this section— “authorised person” means a person as follows performing functions under this Act in relation to the protected animal— (a) the chief executive; (b) a conservation officer, public service officer or other employee of the department acting under the chief executive’s authority.’. ˙ Amendment of s 89 (Restriction on taking etc. protected plants) 27.(1) Section 89(1), after ‘person’— insert — ‘, other than an authorised person,’. (2) Section 89(5)— insert— ‘ “authorised person” means a person as follows performing functions under this Act in relation to the protected plant— (a) the chief executive; (b) a conservation officer, public service officer or other employee of the department acting under the chief executive’s authority.’. ˙ Amendment of s 90 (Restriction on using threatened or rare plants) 28.(1) Section 90, after ‘person’— insert — ‘, other than an authorised person,’. (2) Section 90— insert— ‘ (2) In this section—

s 29 27 s 30 Nature Conservation and Other Legislation Amendment No. 44, 2000 “authorised person” means a person as follows performing functions under this Act in relation to the threatened or rare protected plant— (a) the chief executive; (b) a conservation officer, public service officer or other employee of the department acting under the chief executive’s authority.’. ˙ Amendment of s 91 (Prohibition on release etc. of international and prohibited wildlife) 29.(1) Section 91, after ‘person’— insert — ‘, other than an authorised person,’. (2) Section 91— insert— ‘ (2) In this section— “authorised person” means a person as follows performing functions under this Act in relation to the international or prohibited wildlife— (a) the chief executive; (b) a conservation officer, public service officer or other employee of the department acting under the chief executive’s authority.’. ˙ Amendment of s 97 (Restriction on taking etc. of native wildlife in areas of major interest and critical habitats) 30.(1) Section 97(2), after ‘person’— insert — ‘, other than an authorised person,’. (2) Section 97— insert— ‘ (5) In this section— “authorised person” means a person as follows performing functions

s 31 28 s 33 Nature Conservation and Other Legislation Amendment No. 44, 2000 under this Act in relation to the native wildlife— (a) the chief executive; (b) a conservation officer, public service officer or other employee of the department acting under the chief executive’s authority.’. ˙ Amendment of s 99 (Offence to trespass—general) 31. Section 99— insert — ‘ (2) Subsection (1) does not apply to a conservation officer who— (a) has entered the land under part 9; and (b) exercises a power under the part.’. ˙ Amendment of s 111 (Management plans) 32.(1) Section 111(1)(a)— insert— ‘(iia)a national park (recovery); or’. (2) Section 111(1)(a)(iia) to (iv)— renumber as section 111(1)(a)(iii) to (v). (3) Section 111(1)(b)(i), ‘conservation plan’— omit, insert— ‘management plan’. ˙ Amendment of s 133 (Chief executive to keep register) 33.(1) Section 133(1)— insert— ‘(aa)leases granted under sections 34 to 37; and’.

s 34 29 s 35 Nature Conservation and Other Legislation Amendment No. 44, 2000 (2) Section 133(1)(aa) to (k)— renumber as section 133(1)(b) to (l). ˙ Amendment of s 174 (Application of Statutory Instruments Act) 34. Section 174(1)— insert— ‘• section 33(2) • section 70E(2).’. ˙ Insertion of new s 174A 35. After section 174— insert— ˙ ‘ Chief executive may make codes of practice ‘ 174A.(1) The chief executive may, by gazette notice, approve or make codes of practice for— (a) protected areas; or (b) forest reserves under part 4A; or (c) protected wildlife. ‘ (2) The Statutory Instruments Act 1992 , sections 49, 50 and 51 6 apply to a code of practice as if it were subordinate legislation. ‘ (3) The chief executive must keep copies of each code of practice open for public inspection during office hours on business days at— (a) the department’s head office; and (b) each regional office of the department; and (c) other places the chief executive considers appropriate.’. 6 StatutoryInstrumentsAct1992 , sections 49 (Subordinate legislation must be tabled), 50 (Disallowance) and 51 (Limited saving of operation of subordinate legislation that ceases to have effect)

s 36 30 s 37 Nature Conservation and Other Legislation Amendment No. 44, 2000 ˙ Amendment of s 175 (Regulations) 36.(1) Section 175, heading— omit, insert— ‘ Regulation-making power ’. (2) Section 175(2)(i), after ‘conservation plans’— insert— ‘or codes of practice approved or made under section 174A’. ˙ Insertion of new s 183 37. After section 182— insert— ˙ ‘ Authorities under former Act about national parks ‘ 183.(1) An authority given or made under section 33 or 35 of the former Act and in force immediately before 19 December 1994 is taken to have continued in force until it expires, or is earlier terminated, under its terms. 7 ‘ (2) The former Act, other than the power to extend or renew the authority, continues to apply to the authority as if this Act had not been enacted. ‘ (3) For applying subsections (1) and (2), the chief executive is taken to be the director of national parks and wildlife under the former Act. ‘ (4) A reference in the authority to the director is taken to be a reference to the chief executive. ‘ (5) In this section— “authority” means an agreement or a lease or permit or other authority. “former Act” means the repealed National Parks and Wildlife Act 1975 .’. 7 Most of the provisions of this Act commenced on 19 December 1994. National Parks and Wildlife Act 1975 , sections 33 (Power to grant special leases and permits) and 35 (Permits, etc.).

s 38 31 s 41 Nature Conservation and Other Legislation Amendment No. 44, 2000 ˙ Insertion of schedule 38. After part 12— insert— ‘ SCHEDULE ‘ DICTIONARY section 7’. ˙ Amendment to omit headings following cross references 39.(1) This section applies to a section containing a cross reference to a provision of the Act followed by the heading to the provision in round brackets. (2) The section is amended by omitting the brackets and the words in the brackets. PART 3—AMENDMENT OF STATUTORY INSTRUMENTS ACT 1992 ˙ Act amended in pt 3 40. This part amends the Statutory Instruments Act 1992 . ˙ Amendment of sch 2A (Subordinate legislation to which part 7 does not apply) 41. Schedule 2A— insert— ‘Nature Conservation (Protected Areas) Regulation 1994’.

s 42 32 s 42 Nature Conservation and Other Legislation Amendment No. 44, 2000 PART 4—MINOR AMENDMENTS OF ACTS ˙ Acts amended in schedule 42. The schedule amends the Acts it mentions.

33 Nature Conservation and Other Legislation Amendment No. 44, 2000 ¡ SCHEDULE MINOR AMENDMENTS sections 3(2) and 42 ´ FORESTRY ACT 1959 1. Section 5, definition “Crown land”, paragraph (d), after ‘protected area’— insert— ‘, national park (recovery)’. ´ FOSSICKING ACT 1994 1. Section 3, definition “protected area”, paragraph (e)— omit, insert — ‘(e) a national park (recovery); or (f) a conservation park.’. ´ LAND ACT 1994 1. Section 253, definition “critical area”, paragraph (c)— insert— ‘(ia) a forest reserve under the Nature Conservation Act 1992 ; or’.

34 Nature Conservation and Other Legislation Amendment No. 44, 2000 SCHEDULE (continued) 2. Section 253, definition “critical area”, paragraph (c)(ia) and (ii)— renumber as paragraph (c)(ii) and (iii). 3. Section 269(a)(iii), ‘within the meaning given by’— omit, insert— ‘, or forest reserve, under’. 4. Schedule 6, definition “national park” omit, insert— ‘ “national park” means any of the following under the NatureConservation Act 1992 — (a) a national park (scientific); (b) a national park; (c) a national park (Aboriginal land); (d) a national park (Torres Strait islander land); (e) a national park (recovery).’. ´ MINERAL RESOURCES ACT 1989 1. Section 5, definition “protected area”, paragraph (e)— omit, insert— ‘(e) a national park (recovery); or (f) a conservation park.’.

35 Nature Conservation and Other Legislation Amendment No. 44, 2000 SCHEDULE (continued) ´ NATURE CONSERVATION ACT 1992 1. Section 15(1)(b)(ii), after ‘for the area;’— insert— ‘or’. 2. Section 30(1), after ‘an area that is’— insert— ‘to be’. 3. Section 178— omit. 4. Part 12, division 4, heading— omit . ´ RECREATION AREAS MANAGEMENT ACT 1988 1. Section 5, definition “Crown land”, paragraph (da)(v)— omit, insert— ‘(v) a national park (recovery); or (vi) a conservation park; or’.

36 Nature Conservation and Other Legislation Amendment No. 44, 2000 SCHEDULE (continued) ´ RURAL LANDS PROTECTION ACT 1985 1. Section 6, definition “protected area”, paragraph (e)— omit, insert— ‘(e) a national park (recovery); or (f) a conservation park.’. 2. Section 36(2)— omit, insert— ‘ (2) A member’s appointment under subsection (1) is for the term, of not more than 3 years, stated in the member’s instrument of appointment.’. 3. Section 36(3), ‘, in respect of any triennial appointment,’— omit. 4. Section 36(5)— omit. 5. Section 40(1), ‘each triennial appointment of members’— omit, insert— ‘the members are appointed under section 36(1)’.

37 Nature Conservation and Other Legislation Amendment No. 44, 2000 SCHEDULE (continued) ´ VALUATION OF LAND ACT 1944 1. Section 14(5)(a), ‘or the National Parks and Wildlife Act 1975 , section 33’— omit, insert— ‘, the National Parks and Wildlife Act 1975 , section 33 or the NatureConservation Act 1992 ’. © State of Queensland 2000