Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 (Qld)

Queensland Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 Subordinate Legislation 2006 No. 207 made under the NatureConservationAct1992 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Nature Conservation (Macropod) Conservation Plan 2005 Plan amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of pt 4, div 2, sdiv 2 hdg, pt 4, div 3, sdiv 1 hdg, pt 4, div 4, sdiv 2 hdg, pt 4, div 5, sdiv 2 hdg and pt 4, div 8, sdiv 2 hdg ..................................... 5 Amendment of s 24 (Buying or accepting macropods taken in the State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 25 (Buying or accepting macropods taken in another State). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of ss 27 and 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Replacement of ss 28–30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 28 How record must be kept . . . . . . . . . . . . . . . . . . . . . . 6 29 Information that must be included in record . . . . . . . . 6 30 When obtaining particulars must be included in record ............................... 6

10 11 12 13 14 15 16 17 18 19 20 Part 3 21 22 23 Part 4 24 25 2 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 Amendment of ss 31, 47 and 76 . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 37 (Buying or accepting macropods taken in the State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 44–46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 How record must be kept . . . . . . . . . . . . . . . . . . . . . . 45 Information that must be included in record . . . . . . . . 46 When obtaining particulars must be included in record .............................. Amendment of ss 56 and 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of pt 4, div 4, sdiv 5 hdg . . . . . . . . . . . . . . . . . . . . . . Amendment of s 70 (Other persons may keep record and return book and give returns for holder) . . . . . . . . . . . . . . . . . . . . Replacement of ss 71–75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 How record must be kept . . . . . . . . . . . . . . . . . . . . . . 72 Where records or copies must be kept. . . . . . . . . . . . 73 Information that must be included in record . . . . . . . . 74 When relevant record particulars must be included in record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 90 (Restriction on grant of permit for harvest macropods if quota met). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of pt 6 (Electronic records and return of operations relating to electronic records) . . . . . . . . . . . . . . . . . . . Part 6 Period for keeping electronic records or returns of operations 106 Period for which copy of part of record kept in approved electronic system must be kept . . . . . . . . . 107 Period for which copy of return of operations given in electronic form must be kept. . . . . . . . . . . . . . . . . . Amendment of s 116 (Amendment of plan) . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Nature Conservation (Problem Crocodiles) Conservation Plan 1995 Plan amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 7 (Who may take crocodile). . . . . . . . . . . . . . . . Amendment of Nature Conservation (Protected Plants) Conservation Plan 2000 Plan amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 5 (Words defined in regulation) . . . . . . . . . . . . 7 7 7 7 8 8 8 9 9 9 9 10 10 11 12 12 12 13 13 13 14 14 15 15 16

26 27 28 29 Part 5 30 31 32 33 34 3 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 5 Words defined in other nature conservation legislation ........................... Amendment of ss 7, 15 and 26 . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 34 (When official tag may be removed). . . . . . . Amendment of s 54 (Records to be kept). . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Nature Conservation (Whales And Dolphins) Conservation Plan 1997 Plan amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 3 (Expressions to have meaning given in regulation) ...................................... 3 Words defined in other nature conservation legislation ........................... Amendment of ss 6 and 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (Commercial whale watching) . . . . . . . . . . . 16 16 16 16 17 17 17 17 18 18 18

4 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 Part 1 Preliminary 1 Short title This conservation plan may be cited as the Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 . 2 Commencement This conservation plan commences on 21 August 2006. Part 2 Amendment of Nature Conservation (Macropod) Conservation Plan 2005 3 Plan amended in pt 2 This part amends the Nature Conservation (Macropod) Conservation Plan 2005. 4 Amendment of s 5 (Interpretation) (1) Section 5(2), from ‘the regulation’— omit, insert — ‘the Wildlife Management Regulation.’. (2) Section 5(3)— omit, insert— ‘(3) To remove any doubt, it is declared that subsection (2) also applies to the following, as applied to the Wildlife Management Regulation under section 5 of that regulation— (a) a definition under the Administration Regulation; (b) a provision of the Administration Regulation that aids the interpretation of a term used in that regulation.’.

5 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 5 Amendment of pt 4, div 2, sdiv 2 hdg, pt 4, div 3, sdiv 1 hdg, pt 4, div 4, sdiv 2 hdg, pt 4, div 5, sdiv 2 hdg and pt 4, div 8, sdiv 2 hdg Headings for part 4, division 2, subdivision 2 and part 4, division 3, subdivision 1 and part 4, division 4, subdivision 2 and part 4, division 5, subdivision 2 and part 4, division 8, subdivision 2, ‘things’— omit, insert— ‘ activities ’. 6 Amendment of s 24 (Buying or accepting macropods taken in the State) Section 24(2), from ‘the regulation’— omit, insert — ‘the Wildlife Management Regulation, section 31. 1 ’. 7 Amendment of s 25 (Buying or accepting macropods taken in another State) Section 25(2), from ‘section 134’— omit, insert — ‘the Wildlife Management Regulation, section 31.’. 8 Amendment of ss 27 and 38 Sections 27(2)(b) and 38(2)(b), from ‘, under’ to ‘skin’— omit, insert — ‘to include the obtaining particulars about the skin in the record kept for the licence under the Act’. 1 Wildlife Management Regulation, section 31 (Persons from whom holders may buy or accept wildlife)

6 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 9 Replacement of ss 28–30 Sections 28 to 30— omit, insert— ‘28 How record must be kept ‘(1) This section states, for the Administration Regulation, section 121(1)(b)(i), how the record for a commercial wildlife licence for dead macropods must be kept. ‘(2) The record must be kept in the following way— (a) for a part of the record about the obtaining particulars of a Queensland macropod obtained under the licence on or after the electronic record start day— (i) in the approved electronic record system; or (ii) for a day the system is not working—in the record and return book supplied by the chief executive for the licence; (b) for another part of the record—in the record and return book supplied by the chief executive for the licence. ‘29 Information that must be included in record ‘(1) This section states, for the Administration Regulation, section 124(a), the information that must be included in a record for a commercial wildlife licence for dead macropods. ‘(2) The information that must be included is the obtaining particulars for each macropod obtained under the licence. ‘30 When obtaining particulars must be included in record ‘(1) This section states, for the Administration Regulation, section 125(a), when the obtaining particulars for each macropod obtained under a commercial wildlife licence for dead macropods must be included in the record kept for the licence. ‘(2) The particulars must be included when the earlier of the following happens—

7 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 (a) 24 hours after the macropod to which the particulars relate was obtained has passed; (b) the holder, or a relevant person for the holder, of the licence sells, gives away or moves the macropod to another person.’. 10 Amendment of ss 31, 47 and 76 (1) Sections 31(1), 47(1) and 76(1), from ‘particulars’— omit, insert — ‘particulars included in a part of the record for the licence that is kept in the approved electronic record system.’. (2) Section 31(2), 47(2) and 76(2), from ‘by electronically’ to ‘system’— omit, insert — ‘in electronic form’. 11 Amendment of s 37 (Buying or accepting macropods taken in the State) Section 37(2), from ‘section 134’— omit, insert — ‘the Wildlife Management Regulation, section 31. 2 ’. 12 Replacement of ss 44–46 Sections 44 to 46— omit, insert— ‘44 How record must be kept ‘(1) This section states, for the Administration Regulation, section 121(1)(b)(i), how the record for a commercial wildlife licence (mobile) for dead macropods must be kept. 2 Wildlife Management Regulation, section 31 (Persons from whom holders may buy or accept wildlife)

8 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 ‘(2) The record must be kept in the following way— (a) for a part of the record about the obtaining particulars of a Queensland macropod obtained under the licence on or after the electronic record start day— (i) in the approved electronic record system; or (ii) for a day the system is not working—in the record and return book supplied by the chief executive for the licence; (b) for another part of the record—in the record and return book supplied by the chief executive for the licence. ‘45 Information that must be included in record ‘(1) This section states, for the Administration Regulation, s ection 124(a), the information that must be included in a record for a commercial wildlife licence (mobile) for dead macropods. ‘(2) The information that must be included is the obtaining particulars for each macropod obtained under the licence. ‘46 When obtaining particulars must be included in record ‘(1) This section states, for the Administration Regulation, section 125(a), when the obtaining particulars for each macropod obtained under a commercial wildlife licence (mobile) for dead macropods must be included in the record kept for the licence. ‘(2) The particulars must be included immediately after the macropod to which the record relates is obtained.’. 13 Amendment of ss 56 and 83 Sections 56(3) and 83(3), from ‘complying’ to ‘regulation,’— omit .

9 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 14 Amendment of pt 4, div 4, sdiv 5 hdg Part 4, division 4, subdivision 5 heading, ‘Record and Return books’— omit, insert — ‘ Records ’. 15 Amendment of s 70 (Other persons may keep record and return book and give returns for holder) (1) Section 70(1)(a)— omit, insert — ‘(a) keep, for the holder, a part of the record required to be kept in the record and return book supplied by the chief executive for the licence; or’. (2) Section 70(2)(a) and (3), ‘record and return book’— omit, insert — ‘part of the record’. 16 Replacement of ss 71–75 Sections 71 to 75— omit, insert — ‘71 How record must be kept ‘(1) This section states, for the Administration Regulation, section 121(1)(b)(i), how the record for a commercial wildlife harvesting licence for macropods must be kept. ‘(2) The record must be kept in the following way— (a) for a part of the record about the obtaining or disposing particulars of a Queensland macropod obtained or disposed of under the licence on or after the electronic record start day— (i) in the approved electronic record system; or (ii) for a day the system is not working—in the record and return book supplied by the chief executive for

10 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 the licence; (b) for another part of the record—in the record and return book supplied by the chief executive for the licence. ‘72 Where records or copies must be kept ‘(1) This section states, for the Administration Regulation, section 122(1)(d)(i), where a record for a commercial wildlife harvesting licence for macropods must be kept. ‘(2) The part of the record that is kept in the approved electronic record system, or a copy of the part, must be kept— (a) for a period during which the holder of the licence is carrying out activities under the licence—in a secure way in the holder’s possession; or (b) for another period—at the licensed premises for the licence. ‘(3) The part of the record that is kept in the record and return book supplied by the chief executive for the licence, or a copy of the part, must be kept— (a) if the holder of the licence or a relevant person for the holder keeps the record— (i) for a period during which the holder of the licence is carrying out activities under the licence—in a secure way in the holder’s possession; or (ii) for another period—at the licensed premises for the licence; or (b) if the person stated in an approval mentioned in section 70 keeps the record—at the place stated in the approval. ‘73 Information that must be included in record ‘(1) This section states, for the Administration Regulation, section 124(a), the information that must be included in a record for a commercial wildlife harvesting licence for macropods.

11 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 ‘(2) The information that must be included is the relevant record particulars for each macropod obtained or disposed of under the licence. ‘74 When relevant record particulars must be included in record ‘(1) This section states, for the Administration Regulation, section 125(a), when the relevant record particulars for each macropod obtained or disposed of under a commercial wildlife harvesting licence for macropods must be included in the record kept for the licence. ‘(2) The particulars that are included in the part of the record kept in the approved electronic record system must be included no later than— (a) for the obtaining particulars for a macropod obtained under the licence—when the earlier of the following happens— (i) 24 hours after the macropod was taken has passed; (ii) the holder sells, gives away or moves the macropod to another person; or (b) for the disposing particulars for a macropod disposed of under the licence—immediately after the holder sells, gives away or moves the macropod to another person. ‘(3) The particulars that are included in the part of the record kept in the record and return book supplied by the chief executive for the licence must be included no later than— (a) if the holder or a relevant person for the holder keeps the part of the record— (i) for the obtaining particulars for a macropod obtained under the licence—when the earlier of the following happens— (A) 24 hours after the macropod was taken has passed; (B) the holder sells, gives away or moves the macropod to another person; or

12 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 (ii) for the disposing particulars for a macropod disposed of under the licence—immediately after the holder sells, gives away or moves the macropod to another person; or (b) if a person stated in an approval mentioned in section 70 keeps the part of the record— (i) for the obtaining particulars for a macropod obtained under the licence—before 48 hours after the macropod was taken under the licence has passed; or (ii) for the disposing particulars for a macropod disposed of under the licence—immediately after the holder sells, gives away or moves the macropod to another person.’. 17 Amendment of s 90 (Restriction on grant of permit for harvest macropods if quota met) Section 90(2), definition total permit number , ‘the regulation’— omit, insert — ‘the Administration Regulation’. 18 Replacement of pt 6 (Electronic records and return of operations relating to electronic records) Part 6— omit, insert — ‘Part 6 Period for keeping electronic records or returns of operations ‘106 Period for which copy of part of record kept in approved electronic system must be kept ‘(1) This section—

13 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 (a) applies to a part of the record for a prescribed relevant authority that is kept in the approved electronic system; and (b) states, for the Administration Regulation, section 162, 3 the period for which the part of the record, or a copy of it, must be kept. ‘(2) The part of the record, or a copy of it, must be kept for at least 2 years after the day the latest particular is included in the part. ‘107 Period for which copy of return of operations given in electronic form must be kept ‘(1) This section— (a) applies to a return of operations required to be given, for a prescribed relevant authority, in electronic form; and (b) states, for the Administration Regulation, section 162, the period for which a copy of the return must be kept. ‘(2) A copy of the return must be kept for at least 2 years after the day on which the return was given.’. 19 Amendment of s 116 (Amendment of plan) Section 116(d)(i), ‘and return book’— omit . 20 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions commercial purpose, electronic record, relevant person and the regulation — omit. (2) Schedule 2— insert — 3 Administration Regulation, section 162 (Period for which particular documents must be kept)

14 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 ‘ Administration Regulation means the Nature Conservation(Administration) Regulation 2006. relevant person — (a) generally—see the Administration Regulation, schedule 7; or (b) for part 4, division 4, subdivision 5—see section 68. Wildlife Management Regulation means the NatureConservation (Wildlife Management) Regulation 2006 .’. (3) Schedule 2, definitions electronic record start day and electronic record system start notice, paragraph (b), from ‘make’— omit, insert— ‘keep the part of the record for the authority that is about the obtaining or disposing particulars for Queensland macropods, obtained or disposed of under the authority, in the approved electronic record system.’. Part 3 Amendment of Nature Conservation (Problem Crocodiles) Conservation Plan 1995 21 Plan amended in pt 3 This part amends the Nature Conservation (Problem Crocodiles) Conservation Plan 1995. 22 Amendment of s 2 (Definitions) (1) Section 2, definition Nature Conservation Regulation — omit .

15 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 (2) Section 2— insert— ‘ Administration Regulation means the Nature Conservation(Administration) Regulation 2006 .’. (3) Section 2, definition licensee, paragraph (a), from ‘or wildlife’— omit, insert— ‘licence or wildlife farming licence for crocodiles, granted under the Administration Regulation; or’. (4) Section 2, definition permit, from ‘under’— omit, insert— ‘for crocodiles, granted under the Administration Regulation.’. 23 Amendment of s 7 (Who may take crocodile) Section 7(3)— omit, insert — ‘(3) The chief executive can not grant the permit for a term longer than 30 days.’. Part 4 Amendment of Nature Conservation (Protected Plants) Conservation Plan 2000 24 Plan amended in pt 4 This part amends the Nature Conservation (Protected Plants) Conservation Plan 2000.

16 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 25 Replacement of s 5 (Words defined in regulation) Section 5— omit, insert— ‘5 Words defined in other nature conservation legislation ‘(1) Subject to section 4 and unless this plan provides otherwise, terms used in this plan have the meaning given in the Wildlife Management Regulation. ‘(2) To remove any doubt, it is declared that subsection (1) also applies to the following, as applied to the Wildlife Management Regulation under section 5 of that regulation— (a) a definition under the NatureConservation(Administration) Regulation 2006 ; (b) a provision of the Nature Conservation (Administration)Regulation2006 that aids the interpretation of a term used in that regulation.’. 26 Amendment of ss 7, 15 and 26 Sections 7(1)(b)(i), 15(7)(b)(i) and 26(4)(b)(i), after ‘a regulation’— insert — ‘under the Act’. 27 Amendment of s 34 (When official tag may be removed) Section 34(1), ‘the regulation’— omit, insert — ‘the Wildlife Management Regulation’. 28 Amendment of s 54 (Records to be kept) Section 54(1), from ‘keep’— omit, insert —

17 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 ‘keep the record, required to be kept under the Act, for the licence in the record and return book supplied by the chief executive for the licence.’. 29 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions recovery plan and regulation — omit. (2) Schedule 3— insert— ‘ recovery plan see the NatureConservation(Wildlife)Regulation 2006 , schedule 9. Wildlife Management Regulation means the NatureConservation (Wildlife Management) Regulation 2006 .’. Part 5 Amendment of Nature Conservation (Whales And Dolphins) Conservation Plan 1997 30 Plan amended in pt 5 This part amends the Nature Conservation (Whales and Dolphins) Conservation Plan 1997. 31 Amendment of s 2 (Definitions) Section 2, definition regulation — omit. 32 Replacement of s 3 (Expressions to have meaning given in regulation) Section 3—

18 Nature Conservation (Conservation Plans) Amendment Conservation Plan (No. 1) 2006 No. 207, 2006 omit, insert— ‘3 Words defined in other nature conservation legislation ‘(1) Subject to section 2 and unless this plan provides otherwise, terms used in this plan have the meaning given in the NatureConservation (Wildlife Management) Regulation 2006 . ‘(2) To remove any doubt, it is declared that subsection (1) also applies to the following, as applied to the NatureConservation(WildlifeManagement)Regulation2006 under section 5 of that regulation— (a) a definition under the NatureConservation(Administration) Regulation 2006 ; (b) a provision of the Nature Conservation (Administration)Regulation2006 that aids the interpretation of a term used in that regulation.’. 33 Amendment of ss 6 and 11 Sections 6(8)(a) and 11(2)(a)— omit, insert— ‘(a) a scientific purposes permit; or’. 34 Amendment of s 10 (Commercial whale watching) Section 10(a), ‘granted under the regulation’— omit. ENDNOTES 1 Approved by the Governor in Council on 10 August 2006. 2 Notified in the gazette on 11 August 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Environmental Protection Agency.

© State of Queensland 2006