Nature Conservation (Protected Areas Management) Regulation 2006 (QLD)

Nature Conservation (Protected Areas Management) Regulation 2006

Chapter 1    Preliminary

Part 1    General

1   Short title

This regulation may be cited as the Nature Conservation (Protected Areas Management) Regulation 2006.

2   Commencement

This regulation commences on 21 August 2006.

3   Relationship with Administration Regulation

(1)This regulation must be read together with the Administration Regulation.

(2)In overview only, the Administration Regulation—

(a)provides for the administrative matters relating to the grant, amendment, suspension, cancellation, surrender and replacement of relevant authorities, including restrictions on the grant of protected area authorities in addition to restrictions stated in this regulation; and

(b)states requirements applying to carrying out activities under a relevant authority, including requirements applying to protected area authorities in addition to requirements stated in this regulation; and

(c)provides for the administrative matters relating to entering into, amending, suspending authorisations under, and cancelling, commercial activity agreements applying to protected areas; and

(d)provides for the review of, and appeal against, particular decisions, including decisions of the chief executive, or a conservation officer, under this regulation; and

(e)states the procedures applying after a thing is seized under section 145 or chapter 8; and

(f)states the requirements for records required to be kept under the Act, including records required to be kept by the holder of a commercial activity permit other than for filming or photography, under section 64; and

(g)states the requirements for returns of operations required to be given to the chief executive under the Act, including a return of operations required to be given by the holder of a commercial activity permit other than for filming or photography, under section 65; and

(h)provides for the fees that are payable under the Act; and

(i)includes additional general provisions for the Act, including—

(i)how demerit points are accumulated; and

(ii)the period for which particular documents must be kept under the Act.

Part 2    Application

4   Definition for pt 2

In this part—

relevant protected area means a nature refuge or a coordinated conservation area.

5   Application generally

Subject to sections 6 to 9, this regulation applies to all protected areas.

6   Application to national park (Aboriginal land) or national park (Torres Strait Islander land)

A provision of this regulation applies to a national park (Aboriginal land) or national park (Torres Strait Islander land), or a part of the national park, unless the provision declares that it does not apply to the national park or part.

7   Application to State forest or timber reserves

A provision of this regulation applies to a State forest or timber reserve under the Forestry Act 1959 in a relevant protected area only if, and to the extent that, the provision declares that it applies to the forest or reserve.

8   Application to private land

(1)A provision of this regulation applies to private land in a relevant protected area only if, and to the extent that, the provision declares that it applies to the land.

(2)In this section—

private land means land other than State land.

9   Application to particular activities in resources reserve

(1)This regulation does not apply to the following activities on land in a resources reserve—

(a)an activity conducted under a mineral authority or petroleum authority on land covered by the authority;

(b)camping or fossicking under the Fossicking Act 1994.

(2)In this section—

mineral authority means a prospecting permit, mining claim, exploration permit, mineral development licence or mining lease under the Mineral Resources Act 1989.

petroleum authority means the following—

(a)an authority to prospect or a lease under the Petroleum Act 1923;

(b)an authority to prospect, data acquisition authority, petroleum lease, pipeline licence, survey licence or water monitoring authority under the Petroleum and Gas (Production and Safety) Act 2004.

Part 3    Interpretation

10   Interpretation generally

(1)The dictionary in schedule 9 defines particular terms used in this regulation.

(2)Subject to subsection (1), and unless this regulation provides otherwise, terms used in this regulation have the same meaning they have in the Administration Regulation.

(3)Subsection (2) is not limited to a term defined in the Administration Regulation but also applies to a provision of that regulation that aids the interpretation of a term used in that regulation.

Note—

For provisions that aid the interpretation of terms used in the Administration Regulation, see sections 5 to 7 of that regulation.

11   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.

Chapter 2    General provisions about protected areas

Part 1    Trustees of conservation parks or resources reserves

12   Trustees of particular conservation parks to manage park—Act, s 31

(1)Each conservation park mentioned in schedule 1, column 1, must be managed by the trustee of the park.

(2)The trustee of the park—

(a)is stated in schedule 1, column 2, opposite the park; and

(b)has, for the park, the powers of the chief executive stated in schedule 1, column 3, opposite the park.

(3)For a conservation park mentioned in schedule 1, column 1—

(a)the chief executive—

(i)is not responsible for managing the park; and

(ii)does not have the powers given to the trustee of the park, under subsection (2)(b); and

(b)a reference in this regulation, or the Administration Regulation, to the chief executive is taken to be a reference to the trustee of the park, to the extent the reference applies to—

(i)the management of the park generally; or

(ii)the trustee’s powers under subsection (2)(b).

13   Trustees of particular resources reserves to manage reserve—Act, s 31

(1)Each resources reserve mentioned in schedule 2, part 1, column 1, must be jointly managed by the joint trustees of the reserve.

(2)The joint trustees of the reserve are stated in schedule 2, part 1, column 2, opposite the reserve.

(3)Subsection (4) applies to a resources reserve mentioned in schedule 2, part 2, column 1.

(4)The other joint trustee has, for the reserve, the powers of the chief executive stated in schedule 2, part 2, column 2, opposite the reserve.

(5)For a resources reserve mentioned in schedule 2, part 1, column 1, a reference in this regulation, or the Administration Regulation, to the chief executive is taken to include a reference to the other joint trustee, to the extent the reference applies to—

(a)the management of the reserve generally; or

(b)if the other joint trustee has been given powers of the chief executive under subsection (4)—the other joint trustee’s powers under subsection (4).

(6)In this section—

other joint trustee, for a resources reserve mentioned in schedule 2, part 1, column 1, means the joint trustee, other than the chief executive, stated in schedule 2, part 1, column 2, opposite the reserve.

14   Application of fees charged by trustees

(1)This section applies to—

(a)a conservation park placed under the management of the trustee of the park, under section 12; and

(b)a resources reserve placed under the management of the trustee of the reserve, under section 13.

(2)If the trustee of the park or reserve charges a fee for a service the trustee provides in the park or reserve, the trustee must use the fee for giving effect to the management principles for the park or reserve.

Part 2    Permitted uses in national parks

15   Permitted uses in national parks—Act, s 35

(1)For section 35(1)(d) of the Act—

(a)a use stated in schedule 3, part 1, column 2, is a permitted use for the relevant area stated opposite the use in part 1, column 1 of that schedule if the use is only for a service facility; and

(b)a use stated in schedule 3, part 2, column 2, is a permitted use for the relevant area stated opposite the use in part 2, column 1 of that schedule if the use is only for an ecotourism facility.

(2)A copy of a drawing, map or plan mentioned in schedule 3 may be inspected, free of charge, during business hours, at the department’s central office.

16   Permitted uses in national parks—Act, s 37

(1)For section 37(2) of the Act, a use stated in schedule 4, column 2, is a permitted use for the national park, or part of the national park, stated in schedule 4, column 1 opposite the use.

(2)A copy of a drawing, map or plan mentioned in schedule 4 may be inspected, free of charge, during business hours, at the department’s central office.

Chapter 3    Taking, using, keeping or interfering with cultural or natural resources

Part 1    Considering applications for permits or authorities

17   Additional matters to be considered

In considering an application for a permit to take, use, keep or interfere with cultural or natural resources (a resources permit), an apiary permit, an Aboriginal tradition authority or an Island custom authority the chief executive must have regard to each of the following—

(a)the impact the activities that may be conducted under the permit or authority may have on the character and amenity of the protected area to which the permit or authority applies and adjacent areas;

(b)the likely cumulative effect of the proposed use and other uses on the protected area to which the permit or authority applies.

Note—

See the Administration Regulation, section 25 for other matters the chief executive must have regard to when considering an application for a protected area authority.

Part 2    Permits for taking, using, keeping or interfering with cultural or natural resources

Division 1 Restrictions on grant for all permits for taking, using, keeping or interfering with cultural or natural resources

18   Restriction on grant about insurance

(1)The chief executive may grant a resources permit or an apiary permit to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit.

(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.

Division 2 Resources permits

Subdivision 1 Additional restrictions on grant of resources permit for particular cultural or natural resources

19   Restriction about permit for quarry material

The chief executive may grant a resources permit authorising the removal of quarry material only for a resources reserve.

20   Restrictions about permit for plant parts

(1)The chief executive may grant a resources permit authorising the taking of only the following parts of a plant (each a permitted plant part)—

(a)a seed or other propagative material;

(b)foliage, a flower or an inflorescence.

(2)The chief executive may grant a resources permit authorising the taking of a permitted plant part of only a least concern plant.

(3)The chief executive may grant a resources permit authorising the taking of a permitted plant part of a least concern plant only for—

(a)a conservation park; or

(aa)a resources reserve; or

(b)a special management area (controlled action).

(4)However, the chief executive may grant a resources permit mentioned in subsection (3) for a special management area (controlled action) only for a prescribed activity stated in the notice declaring the area under section 42A of the Act.

Subdivision 2 Additional restriction on grant of resources permit for educational purposes

21   Additional general restriction on grant of permit

The chief executive may grant a resources permit for educational purposes for a cultural or natural resource only if the chief executive is satisfied—

(a)the proposed taking, use or keeping of, or interference with, the resource is ecologically sustainable; and

(b)if the resource is a cultural resource of significance to a community or group of Aboriginal people or Torres Strait Islanders particularly concerned with the land from which the resource is to be taken—the proposed taking, use or keeping of, or interference with, the resource has appropriate regard to the wishes of the community or group.

22   Restriction about persons to whom permit may be granted

(1)The chief executive may grant a resources permit for educational purposes to an individual only if the chief executive is satisfied—

(a)the individual—

(i)holds a tertiary qualification relevant to the activities to be conducted under the permit; or

(ii)has demonstrated experience and knowledge in relation to the activities to be conducted under the permit; and

(b)for a permit for animals—the individual has experience in the care and husbandry of the species of animals for which the permit is to be granted.

(2)The chief executive may grant a resources permit for educational purposes to a corporation only if the corporation is an educational institution or organisation.

23   Restriction about purposes for which permit may be granted

The chief executive may grant a resources permit for educational purposes only if the chief executive is satisfied—

(a)the purpose for which the resource is proposed to be taken, used, kept or interfered with under the permit is a genuine educational purpose; and

(b)the purpose can only reasonably be conducted in the protected area, or the part of a protected area, for which the permit is to be granted.

Subdivision 3 Additional restrictions on grant of resources permit for scientific purposes

24   Additional general restriction on grant of permit

The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource only if—

(a)the proposed taking, use or keeping of, or interference with, the resource is ecologically sustainable; and

(b)if the resource is a cultural resource of significance to a community or group of Aboriginal people or Torres Strait Islanders particularly concerned with the land where the resource is to be taken—the proposed taking, use or keeping of, or interference with, the resource has appropriate regard to the wishes of the community or group.

25   Restriction about persons to whom permit may be granted

(1)The chief executive may grant a resources permit for scientific purposes to an individual only if the chief executive—

(a)is satisfied—

(i)the person is associated with an entity that is involved in scientific research; and

(ii)the way the scientific purpose, for which the permit is to be granted, is to be achieved is consistent with the requirements of the entity with which the person is associated; and

(iii)the application for the permit is supported by the person responsible for the management or control of the entity; or

(b)is satisfied the person is receiving, or has completed, postgraduate training in scientific research relevant to the activities to be conducted under the permit; or

(c)is satisfied the person has achieved a satisfactory level of competence in scientific research relevant to the activities to be conducted under the permit; or

(d)is satisfied the person has an established reputation in the field of scientific research relevant to the activities to be conducted under the permit.

(2)The chief executive may grant a resources permit for scientific purposes to a corporation only if the chief executive is satisfied—

(a)the corporation has an established reputation in the field of scientific research relevant to the activities to be conducted under the permit; or

(b)1 or more of the executive officers or employees of the corporation have achieved a satisfactory level of competence in scientific research relevant to the activities to be conducted under the permit.

26   Restriction about purposes for which permit may be granted

The chief executive may grant a resources permit for scientific purposes only if the chief executive is satisfied—

(a)the scientific purpose for which the resource is to be taken, used, kept or interfered with is a genuine scientific purpose; and

(b)the purpose can only reasonably be conducted in the protected area, or the part of a protected area, for which the permit is to be granted.

Subdivision 4 Activities authorised by resources permits

27   Taking, using, keeping and interfering with particular resources authorised

(1)A resources permit authorises the holder of the permit, or a relevant person for the holder, to take, use, keep and interfere with the cultural or natural resources stated on the permit from the protected area, or the part of a protected area, stated on the permit.

(2)Also, a resources permit that specifically states entry into a stated restricted access area is authorised, authorises the holder of the permit, or a relevant person for the holder, to enter and remain in the restricted access area.

(3)However, a resources permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public.

Subdivision 5 Conducting activities under particular resources permit

28   Royalty payable for quarry material

(1)The holder of a resources permit authorising the removal of quarry material from a resources reserve must pay the State $2.70 for each cubic metre of quarry material removed from the reserve.

(2)The royalty is payable—

(a)if the permit is granted for a stated amount of quarry material to be removed under the permit—in total when the permit is granted; or

(b)otherwise—monthly, at the end of each month during which quarry material is removed under the permit.

(3)However, the chief executive may exempt a government entity or a local government from payment of the whole or part of the royalty payable under this section if the chief executive considers it is appropriate having regard to the following—

(a)the purpose for which the reserve was declared to be a resources reserve;

(b)whether the material is to be used for a public purpose;

(c)whether there is another source for the material that is not in a protected area;

(d)if there is another source for the material that is not in a protected area, the costs involved in obtaining the material from the other source relative to the costs involved in obtaining the material from the resources reserve.

(4)A royalty payable under this section, other than a royalty payable by an entity representing the State, is a debt due to the State.

(5)In this section—

government entity see the Public Service Act 2008, section 24.

Division 3 Apiary permits

Subdivision 1 Additional restriction on grant of apiary permits

29   Restriction about protected areas for which permit may be granted

(1)The chief executive may grant an apiary permit for only 1 or more of the following areas—

(a)a national park, or part of a national park, that is an apiary area;

(b)a special management area (controlled action);

(c)a conservation park;

(d)a resources reserve.

(2)However, the chief executive can not grant an apiary permit for a national park, or a part of a national park, that is an apiary area if, were the permit granted, there would be more than the permitted number of apiary sites for the park or part.

(3)For subsection (2), the permitted number of apiary sites for a national park, or a part of a national park, that is an apiary area is the number of apiary sites stated in schedule 5, opposite the name of the forest reserve that became the apiary area.

(4)Despite subsection (1)(b), the chief executive may grant an apiary permit for a special management area (controlled action) only for a prescribed activity stated in the notice declaring the area under section 42A of the Act.

30   Restriction about number of beehives for which permit may be granted

The chief executive can not grant an apiary permit allowing more than 150 beehives for an apiary site.

Subdivision 2 Activities authorised by apiary permits

31   Taking, using, keeping and interfering with particular resources for apiary authorised

(1)An apiary permit authorises the holder of the permit, or a relevant person for the holder, to take, use, keep and interfere with the cultural or natural resources of the protected area, or the part of a protected area, stated on the permit.

(2)However, an apiary permit authorises the holder of the permit, or a relevant person for the holder, to take, use, keep or interfere with cultural or natural resources only for operating an apiary.

(3)An apiary permit that specifically states entry into a stated restricted access area is authorised, authorises the holder of the permit, or a relevant person for the holder, to enter the restricted access area.

(4)However, an apiary permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public.

Part 3    Aboriginal tradition or Island custom authorities for taking, using, keeping or interfering with cultural or natural resources

Division 1 General restrictions on grant for Aboriginal tradition or Island custom authorities

32   Restriction about resources for which authorities may be granted

(1)The chief executive can not grant an Aboriginal tradition authority or Island custom authority for—

(a)a natural resource of a national park (scientific); or

(b)threatened, rare or near threatened wildlife, other than a protected plant part of a vulnerable or near threatened plant.

(2)Subsection (3) applies to—

(a)a protected plant part of a vulnerable or near threatened plant; and

(b)least concern wildlife.

(3)The chief executive can not grant an Aboriginal tradition authority or Island custom authority for the plant part or the wildlife if the taking, use or keeping of, or the interference with, the plant part or wildlife will reduce the ability of the plant or the wildlife to maintain or recover the plant’s or wildlife’s natural population levels in the protected area, or the part of a protected area, to which the authority applies.

33   Restriction about way for taking, keeping, using or interfering with resources

The chief executive can not grant an Aboriginal tradition authority or Island custom authority that authorises—

(a)the taking of, or interfering with, the cultural or natural resources of a protected area by using a weapon; or

(b)the taking, keeping or using of, or interfering with, the cultural or natural resources of a protected area in a way that may cause harm to a person visiting the area.

Division 2 Aboriginal tradition authorities

Subdivision 1 Considering application

34   Additional matters to be considered

In considering an application for an Aboriginal tradition authority for a cultural or natural resource of a protected area, the chief executive must have regard to—

(a)any advice given by the corporation named in the application for the authority on the significance, under Aboriginal tradition, of the activity the subject of the application; and

(b)whether there is a reasonable alternative to taking, keeping, using or interfering with the resource; and

(c)the extent to which the activity will interfere with the public use of the protected area, or the part of a protected area, to which the authority applies.

Note—

See section 21 and the Administration Regulation, section 25, for other matters the chief executive must have regard to when considering an application for an Aboriginal tradition authority.

Subdivision 2 Additional restrictions on grant

35   Restriction about persons to whom authority may be granted

(1)The chief executive may grant an Aboriginal tradition authority for a protected area, or a part of a protected area, only to a corporation that—

(a)represents a community or group of Aboriginal people particularly concerned with the land within the area or part; and

(b)has consulted with, and considered the views of, Aboriginal people particularly concerned with land within the area or part; and

(c)is satisfied the way the activity to be conducted under the authority will be conducted is consistent with Aboriginal tradition.

(2)Also, the chief executive may grant an Aboriginal tradition authority to the corporation only if the corporation has an office in the State.

36   Additional restriction about circumstances under which authority may be granted for particular national parks

(1)The chief executive may grant an Aboriginal tradition authority for a natural resource of a relevant national park only if the chief executive is satisfied—

(a)the purpose for which the resource is to be taken, kept, used or interfered with is of particular significance under Aboriginal tradition, according to the views of the people regarded by the members of the relevant group as having authority to state the traditional significance of the resource; or

(b)the community or group of Aboriginal people for which the application is made will be on the park to prepare a claim or management plan for the park under the Aboriginal Land Act 1991.

(2)This section does not apply to a seed or another part of a vulnerable, near threatened or least concern plant.

(3)In this section—

relevant group, for an Aboriginal tradition authority, means the group the corporation named in the application for the authority represents.

relevant national park means a national park other than a special management area (controlled action) to allow activities of the type, or for the purpose, stated in section 17(1A)(a)of the Act.

Subdivision 3 Activities authorised by Aboriginal tradition authority

37   Taking, using, keeping and interfering with particular resources authorised

(1)An Aboriginal tradition authority authorises each relevant person for the holder of the authority to take, use, keep and interfere with, under Aboriginal tradition, the cultural or natural resources stated on the permit in the protected area, or the part of a protected area, stated on the permit.

(2)Also, an Aboriginal tradition authority that specifically states entry into a stated restricted access area is authorised, authorises each relevant person for the holder of the authority to enter the restricted access area.

(3)However, an Aboriginal tradition authority does not authorise a relevant person for the holder of the authority to enter or remain in an area closed to the public.

Subdivision 4 Conducting activities under Aboriginal tradition authority

38   Notifying persons about authorisations and conditions

The holder of an Aboriginal tradition authority must take all reasonable steps to ensure each relevant person for the holder acting under the authority is aware of—

(a)the activities that are authorised, and the activities that are not authorised, to be conducted under the authority; and

(b)the conditions applying to the authority.

Maximum penalty—165 penalty units.

39   Way cultural or natural resource may be taken

A person acting under an Aboriginal tradition authority must not take, use, keep or interfere with a cultural or natural resource of a protected area other than in a way that is consistent with Aboriginal tradition.

Maximum penalty—165 penalty units.

Division 3 Island custom authorities

Subdivision 1 Considering application

40   Additional matters to be considered

In considering an application for an Island custom authority for a cultural or natural resource of a protected area, the chief executive must have regard to—

(a)any advice given by the corporation named in the application for the authority on the significance, under Island custom, of the activity the subject of the application; and

(b)whether there is a reasonable alternative to taking, keeping, using or interfering with the resource; and

(c)the extent to which the activity will interfere with the public use of the protected area, or the part of a protected area, to which the authority applies.

Note—

See section 21 and the Administration Regulation, section 25, for other matters the chief executive must have regard to when considering an application for an Island custom authority.

Subdivision 2 Additional restrictions on grant

41   Restriction about persons to whom authority may be granted

(1)The chief executive may grant an Island custom authority for a protected area, or a part of a protected area, only to a corporation that—

(a)represents a community or group of Torres Strait Islanders particularly concerned with land within the area or part; and

(b)has consulted with, and considered the views of, Torres Strait Islander people particularly concerned with land within the area or part; and

(c)is satisfied the way the activity to be conducted under the authority will be conducted is consistent with Island custom.

(2)Also, the chief executive may grant an Island custom authority to the corporation only if the corporation has an office in the State.

42   Additional restriction about circumstances under which authority may be granted for particular national parks

(1)The chief executive may grant an Island custom authority for a natural resource of a relevant national park only if the chief executive is satisfied—

(a)the purpose for which the resource is to be taken, kept, used or interfered with is of particular significance under Island custom, according to the views of the people regarded by the members of the relevant group as having authority to state the customary significance of the resource; or

(b)the community or group of Torres Strait Islanders for which the application is made will be on the park to prepare a claim or management plan for the park under the Torres Strait Islander Land Act 1991.

(2)This section does not apply to a seed or another part of a vulnerable, near threatened or least concern plant.

(3)In this section—

relevant group, for an Island custom authority, means the group that the corporation named in the application for the authority represents.

relevant national park means a national park other than a special management area (controlled action) to allow activities of the type, or for the purpose, stated in section 17(1A)(a)of the Act.

Subdivision 3 Activities authorised by Island custom authority

43   Taking, using, keeping and interfering with particular resources authorised

(1)An Island custom authority authorises each relevant person for the holder of the authority to take, use, keep and interfere with, under Island custom, the cultural or natural resources stated on the permit in the protected area, or the part of a protected area, stated on the permit.

(2)Also, an Island custom authority that specifically states entry into a stated restricted access area is authorised, authorises each relevant person for the holder of the authority to enter and remain in a restricted access area.

(3)However, an Island custom authority does not authorise a relevant person for the holder of the authority to enter or remain in an area closed to the public.

Subdivision 4 Conducting activities under Island custom authority

44   Notifying persons about authorisations and conditions

The holder of an Island custom authority must take all reasonable steps to ensure each relevant person for the holder acting under the authority is aware of—

(a)the activities that are authorised, and the activities that are not authorised, to be conducted under the authority; and

(b)the conditions applying to the authority.

Maximum penalty—165 penalty units.

45   Way cultural or natural resource may be taken

A person acting under an Island custom authority must not take, use, keep or interfere with a cultural or natural resource of a protected area other than in a way that is consistent with Island custom.

Maximum penalty—165 penalty units.

Part 4    Other taking, using, keeping or interfering with cultural or natural resources

46   Controlling activity

(1)The chief executive may give a person a written permission to conduct a controlling activity in a protected area.

(2)The permission must state—

(a)how, where and when the activity may be conducted; and

(b)the conditions of the permission.

(3)Without limiting the conditions the chief executive may impose on the permission, the chief executive may impose conditions about any of the following matters—

(a)taking out public liability insurance for the activity;

(b)dealing with wildlife taken under the permission;

(c)reporting to the chief executive.

(4)A permission given under this section authorises the person to whom it is given to take, use, keep or interfere with the cultural or natural resources of the protected area stated on the permission, for conducting the controlling activity stated on the permission.

(5)In this section—

controlling activity means an activity the chief executive considers to be reasonable and necessary to significantly reduce the population of, or eradicate, wildlife that is not native wildlife.

47   Fish, invertebrate animals or mud crabs in particular protected areas

(1)A person may take a permitted animal in a prescribed area.

(2)However, the taking is subject to the condition that the following animals must not be taken—

(a)an invertebrate animal other than for use as bait;

(b)a species of permitted animal that is a regulated fish under the Fisheries Act 1994;

(c)a species of permitted animal if the species is taken from a place where, or during a period when, the taking is prohibited under the Fisheries Act 1994;

(d)any species of the genus Euastacus (freshwater spiny crays) for use as bait.

(3)Also, the taking is subject to the condition that a permitted animal must not be taken in a way that is prohibited under the Fisheries Act 1994.

(4)A person must not take a permitted animal in a prescribed area, or a part of a prescribed area, if a regulatory notice prohibits the taking.

Maximum penalty—165 penalty units.

(5)In this section—

permitted animal means—

(a)a fish; or

(b)an invertebrate animal; or

(c)a mud crab (Scylla serrata).

prescribed area means—

(a)a part of a national park, stated in schedule 6, column 2, opposite the national park; or

(b)a conservation park; or

(c)a resources reserve.

48   Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184

(1)Each forest reserve and former forest reserve mentioned in schedule 5 is prescribed for section 184 of the Act.

(2)For subsection (1) and schedule 5, a reference to a former forest reserve in schedule 5 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—

(a)is dedicated as a national park; or

(b)was dedicated as a national park (recovery) that under section 197(1) of the Act continues as a national park.

(4)The chief executive must ensure a map that shows the part of the national park that was formerly dedicated as the forest reserve is available for inspection by the public, free of charge, at the department’s central office.

Chapter 4    Provisions about permits for access to, use of and conduct within protected areas

Part 1    Provisions applying to all or most permits

Division 1 Considering applications for activity permits

49   Additional matters to be considered

In considering an application for an activity permit for a protected area, the chief executive must have regard to each of the following—

(a)the impact the activities that may be conducted under the authority may have on the character and amenity of the area and adjacent areas;

(b)the likely cumulative effect of the proposed use and other uses on the area;

(c)the orderly and proper management of the area.

Note—

See the Administration Regulation, section 25 for other matters the chief executive must have regard to when considering an application for an activity permit.

Division 2 Restrictions on grant

50   Permit must be consistent with management principles and management intent or plan

The chief executive can not grant an activity permit for a protected area that is inconsistent with—

(a)the management principles for the area; or

(b)the interim or declared management intent, or management plan, for the area.

51   Restriction on grant about insurance

(1)This section applies to an activity permit other than—

(a)a camping permit; or

(b)a permit to solicit donations or information.

(2)The chief executive may grant the activity permit to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit.

(3)However, subsection (2) 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.

Division 3 Activity authorised by most permits or not authorised by any permit

52   Access to restricted area authorised under particular permits

(1)A prescribed activity permit that specifically states entry into a stated restricted access area is authorised, authorises the holder of the permit, or a relevant person for the holder, to enter or remain in the restricted access area.

(2)In this section—

prescribed activity permit means—

(a)a stock grazing permit; and

(b)a stock mustering permit; and

(c)a permit to enter a national park (scientific); and

(d)a commercial activity permit; and

(e)an organised event permit.

53   Access to area closed to the public not authorised

(1)An activity permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public.

(2)For subsection (1), a person camping under a camping permit, other than the holder of the permit, is taken to be a relevant person for the holder.

Part 2    Camping permits

54   Camping authorised under permit

(1)A camping permit authorises the holder of the permit to—

(a)camp in the protected area or the part of a protected area stated on the permit; and

(b)allow the number of persons stated on the permit to camp in the area or part.

(2)For applying subsection (1) to an e-camping permit—

(a)a reference to the protected area or the part of a protected area stated on the permit is taken to be a reference to the e-permit camping area for which the permit is taken to be granted; and

(b)a reference to the number of persons stated on the permit is taken to be a reference to the number stated by the holder of the permit in the application for the permit.

(3)For applying subsection (1) to a self-registered camping permit—

(a)a reference to the protected area or the part of a protected area stated on the permit is taken to be a reference to the self-registration camping area for which the permit is taken to be granted; and

(b)a reference to the number of persons stated on the permit is taken to be a reference to the lower of the following—

(i)the number stated on the camping form for the permit;

(ii)the number stated on the self-registration camping notice for the area as the maximum number of persons that may camp under a camping permit in the area.

Part 3    Restricted access area permits

55   Entering restricted access area authorised under permit

A restricted access area permit authorises the holder of the permit, or a relevant person for the holder, to enter the restricted access area stated on the permit for the purpose stated on the permit.

Part 4    Stock grazing permits

56   Restriction about protected areas for which permit may be granted

(1)The chief executive may grant a stock grazing permit only for—

(a)a conservation park; or

(aa)a resources reserve; or

(b)a special management area (controlled action).

(2)However, the chief executive may grant a stock grazing permit for a special management area (controlled action) only for a prescribed activity stated in the notice declaring the area under section 42A of the Act.

57   Grazing stock in particular areas authorised under permit

A stock grazing permit authorises the holder of the permit, or a relevant person for the holder, to graze stock in the protected area, or the part of a protected area, stated on the permit.

Part 5    Stock mustering permits

58   Mustering stock in particular areas authorised under permit

A stock mustering permit authorises the holder of the permit, or a relevant person for the holder, to muster stock in the protected area, or the part of a protected area, stated on the permit.

59   Using particular animals or vehicles to muster stock authorised under particular permits

(1)This section applies if the chief executive has—

(a)written on a stock mustering permit that the holder of the permit may use a horse, a stated breed of dog or a stated type of vehicle for mustering stock under the permit; or

(b)given the holder of a stock mustering permit a notice stating the holder may use a horse, a stated breed of dog or a stated type of vehicle for mustering stock under the permit.

(2)The permit authorises the holder, or a relevant person for the holder, to use a horse, a dog of the stated breed or a vehicle of the stated type for mustering stock under the permit.

Part 6    Travelling stock permits

60   Restriction about protected areas for which permit may be granted

The chief executive can not grant a travelling stock permit for a national park (scientific).

61   Travelling stock within particular areas authorised under permit

A travelling stock permit authorises the holder of the permit, or a relevant person for the holder, to travel stock within the protected area, or the part of a protected area, stated on the permit.

Part 7    Permits to enter national park (scientific)

62   Entering particular national parks authorised under permit

A permit to enter a national park (scientific) authorises the holder of the permit, or a relevant person for the holder, to enter the park stated on the permit for the purpose stated on the permit.

Part 8    Commercial activity permits

63   Conducting particular activities in particular areas authorised under permit

A commercial activity permit authorises the holder of the permit, or a relevant person for the holder, to conduct the activity stated on the permit in the protected area, or the part of a protected area, stated on the permit.

64   Keeping record for particular permits

(1)The holder of a commercial activity permit other than for filming or photography must keep a record complying with the Administration Regulation, section 121, for the permit.

Note—

For the requirements for records required to be kept under the Act, see the Administration Regulation, part 6.

Maximum penalty—120 penalty units.

(2)The holder complies with subsection (1) if a relevant person for the holder keeps the record for the holder.

65   Giving return of operations for particular permits

(1)The holder of a commercial activity permit other than for filming or photography must give the chief executive a return of operations complying with the Administration Regulation, section 131.

Note—

For the requirements for returns of operations required to be given under the Act, see the Administration Regulation, part 7.

Maximum penalty—120 penalty units.

(2)After receiving the return, the chief executive must give the holder an invoice for any additional daily fee and any camping fee payable under the Administration Regulation, schedule 3 for the permit for the period to which the return relates.

(3)The invoice must state a period (the period for payment), of at least 7 days after the holder receives the invoice, within which the fees must be paid to the chief executive.

(4)The holder must also, within the period for payment, pay to the chief executive the fees payable under the Act for the period to which the return relates.

Maximum penalty—120 penalty units.

(5)The holder complies with subsections (1) and (4) if a relevant person for the holder complies with the subsections for the holder.

Part 9    Permits to solicit donations or information

66   Soliciting donations or information in particular areas authorised under permit

A permit to solicit donations or information authorises the holder of the permit, or a relevant person for the holder, to—

(a)if the permit states the holder or person may solicit donations under the permit—solicit donations in the protected area, or the part of a protected area, stated on the permit for the purpose stated on the permit; or

(b)if the permit states the holder or person may solicit information under the permit—solicit information in the protected area, or the part of a protected area, stated on the permit for the purpose stated on the permit.

Part 10    Organised event permits

67   Conducting particular activities in particular areas authorised under permit

An organised event permit authorises the holder of the permit, or a relevant person for the holder, to conduct the activity stated on the permit in the protected area, or the part of a protected area, stated on the permit.

Part 11    Permits to use recreational craft

68   Using particular recreational craft in particular areas authorised under permit

A permit to use recreational craft authorises the holder of the permit, or a relevant person for the holder, to use the recreational craft stated on the permit in the protected area, or the part of a protected area, stated on the permit.

Part 12    Special activity permits

69   Conducting particular activities in particular areas authorised under permit

A special activity permit authorises the holder of the permit, or a relevant person for the holder, to conduct the activity stated on the permit in the protected area, or the part of a protected area, stated on the permit.

Chapter 5    Regulatory notices and declarations

Part 1    Preliminary

69A   Definition for ch 5

In this chapter—

Aboriginal land protected area means—

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

(b)an indigenous joint management area.

Part 2    Regulatory notices

70   Requirements for regulatory notices

(1)This section applies for an activity that—

(a)relates to a public health and safety act; or

(b)under this regulation may be authorised, regulated or prohibited by a regulatory notice.

(2)The chief executive may erect or display a notice (a regulatory notice) at the entrance of a protected area or a part of a protected area to which the notice applies.

(3)However, if section 70A or 70B (each a notice consultation provision) applies, the chief executive may act under subsection (2) only if the chief executive complies with the consultation requirements mentioned in the relevant notice consultation provision.

(4)The notice must—

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

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

(c)state the activity to which it applies and how the activity is authorised, regulated or prohibited.

(5)The notice may expressly state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence.

70A   Particular regulatory notices for Aboriginal land protected areas

(1)This section applies if the chief executive proposes to erect or display a regulatory notice that is—

(a)for an activity mentioned in section 70(1)(b); and

(b)at the entrance to an Aboriginal land protected area or a part of an Aboriginal land protected area.

(2)The chief executive must comply with the consultation requirements under the indigenous management agreement for the area.

(3)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 the proposed erecting or display of a regulatory notice;

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

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

(d)seek the landholder’s consent for the erecting or display of the notice;

(e)obtain the landholder’s consent for the erecting or display of the notice.

70B   Particular regulatory notices for particular protected areas to which indigenous land use agreements apply

(1)This section applies if—

(a)the chief executive proposes to erect or display a regulatory notice that is—

(i)for an activity mentioned in section 70(1)(b); and

(ii)at the entrance to a protected area, or a part of a protected area, other than an Aboriginal land protected area, 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 must comply 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 the proposed erecting or display of a regulatory notice;

(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 erecting or display of the notice;

(e)obtain the person’s consent for the erecting or display of the notice.

71   Regulatory information notice

(1)This section applies if a regulatory notice for a protected area or a part of a protected area does not expressly state that a requirement of the notice is an offence against the Act and the penalty for the offence.

(2)The chief executive must erect or display, at the entrance to the area or part and other places the chief executive considers appropriate, a notice (a regulatory information notice) expressly stating—

(a)that a contravention of the requirement of the regulatory notice is an offence against the Act; and

(b)the penalty for the offence.

(3)The regulatory information notice must be easily visible to passers-by.

(4)The regulatory information notice may contain other information about the protected area the chief executive considers appropriate.

72   Erection of regulatory notice or regulatory information notice is evidence of particular matters

Evidence that a regulatory notice or a regulatory information notice was erected or displayed at the entrance of a protected area, or a part of a protected area, is evidence the notice was erected or displayed by the chief executive.

Part 3    Declaration of restricted access area

73   Declaration of restricted access area

(1)The chief executive may declare all or part of a protected area to be a restricted access area by erecting or displaying a notice (a restricted access area notice) at the entrance of the protected area or part.

(2)However, the chief executive may act under subsection (1)—

(a)only for a reason mentioned in section 74; and

(b)if section 75 applies—only after the consultation process mentioned in section 75 has been completed; and

(c)if section 75A or 75B (each a declaration consultation provision) applies—only if the chief executive complies with the consultation requirements mentioned in the relevant declaration consultation provision.

(3)The restricted access area notice must—

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

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

(c)state how access to the area is restricted or prohibited; and

(d)state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence.

(4)When the notice is erected or displayed, the chief executive—

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

(b)may publish the notice in other ways the chief executive considers appropriate.

(5)If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must remove the restricted access area notice as soon as practicable.

74   Reasons for declaring restricted access area

(1)The chief executive may declare a protected area or a part of a protected area to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable—

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

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

(c)to conserve or protect the cultural or natural resources of the area or native wildlife, including, for example—

(i)to protect significant cultural or natural resources of the area; or

(ii)to enable the restoration or rehabilitation of the area or part; or

(iii)to protect a breeding area for native wildlife; or

(iv)to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or

(v)to manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom; or

(d)to protect a facility or service in the area, including, for example, infrastructure, a water supply facility or power generating equipment; or

(e)to protect the character and amenity of the area or an adjacent area; or

(f)for the orderly or proper management of the area.

(2)In this section—

significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003, section 9.

significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003, section 9.

75   Consultation with stakeholders about declarations

(1)This section applies if the nature or extent of activities being conducted, or to be conducted, under an organised event permit, commercial activity permit or commercial activity agreement would be significantly affected by the making of a declaration under section 73.

(2)However, this section does not apply if the declaration is to be made—

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

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

(c)to conserve or protect the cultural or natural resources of a protected area or native wildlife.

(3)The chief executive must give the holder of the permit, or the other party to the agreement, a notice stating the following—

(a)consideration is being given to the making of a declaration under section 73;

(b)if the chief executive is also proposing to do a restrictive act for the permit or agreement for the proposed declaration—the restrictive act;

(c)that the holder or other party is invited to make written submissions in relation to the proposed declaration or restrictive act.

(4)The submissions must be made to the chief executive—

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

(b)within the period, of at least 20 business days, stated in the notice.

(5)The chief executive must consider all submissions received in response to the notice.

75A   Declarations for Aboriginal land protected areas

(1)This section applies if the chief executive proposes to declare all or part of an Aboriginal land protected area to be a restricted access area under section 73(1).

(2)The chief executive must comply with the consultation requirements under the indigenous management agreement for the protected area.

(3)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 a declaration under section 73(1);

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

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

(d)seek the landholder’s consent for the declaration;

(e)obtain the landholder’s consent for the declaration.

75B   Declarations for particular protected areas to which indigenous land use agreements apply

(1)This section applies if—

(a)the chief executive proposes to declare all or part of a protected area, other than an Aboriginal land protected area, to be a restricted access area under section 73(1); and

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

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

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

(2)The chief executive must comply 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 a proposed declaration under section 73(1);

(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 declaration;

(e)obtain a person’s consent for the declaration.

76   When declarations end

(1)A declaration made under section 73 ends on the day the chief executive removes the restricted access area notice for the area.

(2)When a restricted access area notice for a restricted access area is removed, the chief executive must—

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

(b)publish notice of the removal in the same way the chief executive published the notice under section 73(4).

Part 4    Declaration of prescribed commercial activity

77   Declaration of prescribed commercial activity

(1)The chief executive may, by public notice, declare a commercial activity to be a prescribed commercial activity for a protected area or a part of a protected area.

(2)The notice must state the following—

(a)that the stated commercial activity is a prescribed commercial activity for the stated protected area or the stated part of a protected area;

(b)that, under section 96(2), a person may conduct the prescribed commercial activity in the area or part only under a commercial activity agreement;

(c)how the person may obtain further information about entering into a commercial activity agreement for the conducting of the prescribed commercial activity in the area or part.

(3)The chief executive must also publish the notice on the department’s website.

(4)In deciding whether to make the declaration, the chief executive must have regard to the following—

(a)the object of the Act, including, in particular the conservation of the cultural and natural resources of the area or part;

(b)the management principles for the area;

(c)the interim or declared management intent, or management plan, for the area or part;

(d)the orderly and proper management of the area or part;

(e)the existing use and amenity, and the future or desirable use and amenity, of the area or part, and areas adjacent to the area or part, including the likely cumulative effect of the proposed use and other uses on the area;

(f)the likely contributions that potential parties to commercial activity agreements applying to the area or part will make to the management of the area or part, including, for example, contributions to the conservation and presentation of the values of the area or part.

Part 5    Declaration of special activity

78   Declaration of special activity

(1)The chief executive may declare an activity to be a special activity for all or part of a protected area by erecting or displaying a notice (a special activity notice) at the entrance of the protected area or part.

(2)However, the chief executive may act under subsection (1)—

(a)only for an activity mentioned in section 79; and

(b)if section 80 applies—only after the consultation process mentioned in section 80 has been completed.

(3)The special activity notice must—

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

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

(c)state the activity that is a special activity for the area; and

(d)state that, under section 100, a person may conduct the special activity in the area or part only under—

(i)a special activity permit; or

(ii)an organised event permit, commercial activity permit or commercial activity agreement that specifically authorises the conducting of the activity.

79   Activities that may be special activities

The chief executive may declare only 1 or more of the following activities to be a special activity for all or part of a protected area—

(a)an activity that will, or is reasonably likely to, have an unusual or significant impact on the cultural or natural resources of the area or part;

(b)an activity for which special training or supervision is needed before a person can safely engage in the activity;

(c)an activity that will, or is reasonably likely to, involve a risk to the public.

Examples of activities that may be declared as special activities—

rock climbing, white water rafting

80   Consultation with stakeholders about declarations

(1)This section applies if the nature or extent of activities being conducted, or to be conducted, under an organised event permit, commercial activity permit or commercial activity agreement would be significantly affected by the making of a declaration under section 78.

(2)However, this section does not apply if—

(a)the activity is declared to be a special activity for the area or part for the protection of wildlife or individuals from potential danger; and

(b)it is not practicable for the chief executive to delay the declaration for the reason of complying with this section.

(3)The chief executive must give the holder of the permit, or the other party to the agreement, a notice stating the following—

(a)consideration is being given to the making of a declaration under section 78;

(b)if the chief executive is also proposing to do a restrictive act for the permit or agreement—the restrictive act;

(c)that the holder or other party is invited to make written submissions in relation to the proposed declaration or restrictive act.

(4)The submissions must be made to the chief executive—

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

(b)within the period, of at least 20 business days, stated in the notice.

(5)The chief executive must consider all written submissions received in response to the notice.

Part 6    Declaration of area closed to the public

81   Declaration of area closed to the public

(1)The chief executive may declare a protected area or a part of a protected area to be closed to the public for a period by erecting or displaying a regulatory notice at the entrance of the protected area or part.

(2)However, the chief executive may declare the protected area or part as closed to the public only if the chief executive reasonably believes the declaration is necessary or desirable for public health or safety.

Chapter 6    Offences about access to, using and conduct in protected areas

Part 1    Access to, using and conduct in protected area generally

Division 1 Camping in protected area

82   Unlawful camping

(1)A person must not camp in a protected area, or a part of a protected area, unless—

(a)the person is camping under a camping permit for the area or part; or

(b)the person—

(i)is conducting activities under another protected area authority that applies to the area or part; and

(ii)has written approval from the chief executive to camp in the area or part, or is accompanying a person who has the approval.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a person camping under a commercial activity permit, or a commercial activity agreement, that specifically authorises the camping.

(3)For subsection (1)(a), a person other than the holder of a camping permit is taken to be camping under the permit only if the number of persons accompanying the holder does not exceed the number of persons authorised to camp under the permit.

(4)A person must not camp in a protected area contrary to a regulatory notice.

Maximum penalty for subsection (4)—80 penalty units.

83   Compliance with conditions of camping permit

A person camping under a camping permit must comply with the conditions of the permit.

Maximum penalty—10 penalty units.

Notes—

1For the conditions of an e-camping permit, see the Administration Regulation, section 43(2).

2For the conditions of a self-registered camping permit, see the Administration Regulation, section 45(2).

84   Requirement about number of persons who may camp under permit or approval

(1)The holder of a camping permit, or the chief executive’s written approval allowing camping in a protected area, must not allow more people to camp under the permit or approval than the number stated on the permit or approval.

Maximum penalty—20 penalty units.

(2)For applying subsection (1) to an e-camping permit or self-registered camping permit, a reference to the number of persons stated on the permit is taken to be a reference to—

(a)for an e-camping permit—the number stated by the holder of the permit in the application for the permit; or

(b)for a self-registered camping permit—the lower of the following—

(i)the number stated on the camping form for the permit;

(ii)the number stated on the self-registration camping notice for the area as the maximum number of persons that may camp under a camping permit in the area.

85   Display of camping tags

(1)A person camping under a camping permit must, immediately after the person makes camp, display in the prescribed way, the camping tag for the permit.

Maximum penalty—2 penalty units.

(2)The person must take reasonable steps to ensure the camping tag remains displayed at the place where the person is camping while the person is camping under the permit.

Maximum penalty—2 penalty units.

(3)In this section—

prescribed way, for displaying a camping tag for a camping permit, means to display the tag by attaching it, in a conspicuous position, to—

(a)a tent, caravan or another structure being used for camping under the permit; or

(b)if no tent, caravan or structure is being used for camping under the permit—a vehicle or equipment being used for camping under the permit.

86   Complying with direction to leave camping site for protection, safety or minimising disturbance

(1)A conservation officer may give a person camping in a part of a protected area (the camping site) an oral or written direction requiring the person, and each other person camping with the person, to immediately—

(a)leave the camping site; and

(b)remove all of the person’s possessions and the equipment or other things being used for camping from the site.

(2)However, the officer may give the direction only if the officer reasonably believes it is necessary for the person, and the other persons camping with the person, to leave the site to—

(a)protect cultural or natural resources in the protected area; or

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

(c)minimise disturbance to persons in the protected area.

(3)In giving the direction the conservation officer must—

(a)advise the reason why the direction has been given; and

(b)warn the person to whom it is given, and the other persons camping with the person, that it is an offence to fail to comply with the direction unless the person has a reasonable excuse.

(4)The conservation officer’s failure to comply with subsection (3) does not affect the validity of the direction.

(5)A person to whom a direction is given under subsection (1), and each other person camping with the person, must, unless the person has a reasonable excuse, comply with the direction.

Maximum penalty for subsection (5)—50 penalty units.

87   Complying with direction to leave camping site for person camping at same site for long periods

(1)A conservation officer may give a person camping in a part of a protected area (the camping site) a written direction stating the person, and each person camping with the person, must—

(a)leave the camping site; and

(b)remove all of the person’s possessions and the equipment or other things being used for camping from the site; and

(c)not return to the site for a stated period.

(2)However, the officer may give the direction only if—

(a)the officer reasonably believes—

(i)the same, or predominantly the same, equipment or other things used for camping have occupied the site for 30 days or more and it is necessary or desirable to allow the site to be used by another person who is authorised under the Act to camp at the site; or

(ii)the natural condition of the site has been, or is being, degraded by the presence of the equipment or other things being used for camping at the site; or

(iii)it is necessary for the person to leave the site for health or safety reasons; and

(b)another part of the protected area is available for the person to use for camping.

(3)The direction must—

(a)state the reason why the direction has been given; and

(b)include a warning that it is an offence to fail to comply with the direction.

(4)The conservation officer’s failure to comply with subsection (3) does not affect the validity of the direction.

(5)A person to whom a direction is given under subsection (1), and each person camping with the person, must comply with the direction.

Maximum penalty for subsection (5)—50 penalty units.

Division 2 Conducting other activities in protected area

88   Unlawfully entering restricted access area

(1)A person must not enter or remain in a restricted access area unless the person—

(a)enters the area under a restricted access area permit authorising the entry; or

(b)enters the area under a prescribed authority that specifically authorises the entry; or

(c)enters the area under a written approval from the chief executive; or

(d)has a reasonable excuse.

Maximum penalty—80 penalty units.

(2)In this section—

prescribed authority means—

(a)a resources permit; and

(b)an apiary permit; and

(c)an Aboriginal tradition authority; and

(d)an Island custom authority; and

(e)a stock grazing permit; and

(f)a stock mustering permit; and

(g)a permit to enter a national park (scientific); and

(h)a commercial activity permit; and

(i)an organised event permit; and

(j)a commercial activity agreement.

89   Unlawfully grazing stock

A person must not graze stock in a protected area unless the person grazes the stock under—

(a)a stock grazing permit authorising the grazing; or

(b)an authority granted under section 36 of the Act that authorises the grazing; or

(c)another Act.

Maximum penalty—165 penalty units.

90   Unlawfully grazing other animals

A person must not graze animals other than stock in a protected area unless the person grazes the animals under an authority granted under section 36 of the Act that authorises the grazing.

Maximum penalty—165 penalty units.

91   Unlawfully mustering stock

(1)A person must not muster stock in a protected area unless the person musters the stock—

(a)under a stock mustering permit authorising the mustering; or

(b)on a part of a protected area on which the person may lawfully graze the stock under an Act.

Maximum penalty—120 penalty units.

(2)Subsection (1) does not apply to the chief executive conducting a general muster under section 145.

(3)Subsection (4) applies if a stock mustering permit states the holder of the permit may use a horse or stated breed of dog to muster stock under the permit.

(4)If the holder, or a relevant person for the holder, of the permit brings a horse or dog into a protected area under the permit, the holder or relevant person must restrain the horse or dog when the holder or relevant person is not using the horse or dog to muster stock.

Maximum penalty for subsection (4)—120 penalty units.

92   Unlawfully travelling stock

A person must not travel stock in a protected area unless—

(a)the person travels the stock—

(i)under a travelling stock permit authorising the travelling; or

(ii)to or from land in a protected area on which the person may lawfully graze the stock under an Act; or

(b)the person has otherwise lawfully brought the stock into the protected area under the Act.

Maximum penalty—120 penalty units.

93   Unlawfully travelling other animals

A person must not travel animals other than stock in a protected area unless—

(a)the person is travelling a horse or dog under a stock mustering permit authorising the use of the horse or dog for mustering stock under the permit; or

(b)the person has otherwise lawfully brought the animal into the protected area under the Act.

Maximum penalty—120 penalty units.

94   Allowing stock to stray onto protected area

A person in charge of stock on land adjoining or near a protected area must take all reasonable steps to ensure the stock does not stray onto the protected area.

Maximum penalty—165 penalty units.

95   Unlawfully entering national park (scientific)

A person must not enter or remain in a national park (scientific) unless the person enters the area under a permit to enter a national park (scientific) authorising the entry.

Maximum penalty—165 penalty units.

96   Unlawfully conducting commercial activity

(1)A person must not, in a protected area, or a part of a protected area, conduct a commercial activity unless the person is authorised to conduct the activity under—

(a)a commercial activity permit; or

(b)a commercial activity agreement.

Maximum penalty—165 penalty units.

(2)If a commercial activity is a prescribed commercial activity for a protected area or a part of a protected area, a person must not conduct the activity in the area or part except under—

(a)a commercial activity agreement; or

(b)a commercial activity permit that is in force when the prescribed commercial activity is declared under section 77 and is still in force.

Maximum penalty—165 penalty units.

97   Compliance with conservation conditions

(1)A person acting under a commercial activity agreement must comply with each conservation condition of the agreement.

Maximum penalty—80 penalty units.

(2)In this section—

conservation condition, of a commercial activity agreement, see the Administration Regulation, section 72.

98   Unlawfully soliciting donations or information

(1)A person must not solicit donations or information in a protected area, or part of a protected area, unless the person solicits the donations or information under a permit to solicit donations or information authorising the solicitation.

Maximum penalty—20 penalty units.

(2)The holder of a permit to solicit donations or information for a protected area, or part of a protected area, must not solicit donations or information in a way that causes a disturbance to other persons in the area or part.

Maximum penalty—20 penalty units.

99   Unlawfully conducting organised event

(1)A person must not conduct an organised event in a protected area, or a part of a protected area, unless the person conducts the activity—

(a)under an organised event permit authorising the conducting of the activity; or

(b)under a commercial activity permit or commercial activity agreement that specifically authorises the conducting of the activity.

Maximum penalty—50 penalty units.

(2)If section 145(3) of the Administration Regulation requires the holder of an organised event permit to pay an additional daily fee, the holder must comply with the requirement.

Maximum penalty—120 penalty units.

100   Unlawfully conducting special activity

A person must not conduct a special activity for a protected area, or a part of a protected area, in the area or part unless the person conducts the activity—

(a)under a special activity permit authorising the conducting of the activity; or

(b)under an organised event permit, commercial activity permit or commercial activity agreement that specifically authorises the conducting of the activity.

Maximum penalty—80 penalty units.

101   Unlawfully entering area closed to the public

A person must not, without the chief executive’s written approval or a reasonable excuse, enter an area closed to the public.

Maximum penalty—120 penalty units.

102   Failing to comply with particular regulatory notices

A person in a protected area must comply with a regulatory notice regulating or prohibiting a health and safety act, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

Part 2    Fires

103   Unlawful lighting of fires

(1)A person must not light a fire, or a type of fire, in a protected area, or a part of a protected area, if lighting a fire, or the type of fire, is prohibited, in the area or part, by—

(a)a regulatory notice; or

(b)a condition of a permit held by the person; or

(c)a condition of a commercial activity agreement to which the person is a party; or

(d)another authority held by the person.

Examples of types of fires—

•a fire using a material other than sawn timber

•a fire using a material other than timber provided in the protected area for making fires

Maximum penalty—165 penalty units.

(2)A person must not light, keep or use a fire in a place, in a protected area, other than—

(a)a barbecue or fireplace provided by the chief executive; or

(b)if a barbecue or fireplace is not provided—a place that is more than 2m from flammable material.

Maximum penalty—165 penalty units.

(3)This section does not apply to—

(a)a person lighting a fire with the written approval of the chief executive; or

(b)a person lighting or using a specified cooking or heating appliance or lighting or smoking a smoking product if the person takes reasonable steps to ensure the lighting, using or smoking does not result in damage to—

(i)a cultural or natural resource of the protected area; or

(ii)property, other than property owned by the person, in the protected area.

(4)In this section—

smoking product has the meaning given by the Tobacco and Other Smoking Products Act 1998, schedule, definition smoking product, paragraph (b).

104   Unattended fires

(1)A person who lights or assumes control of a fire in a protected area must put the fire out before leaving the fire.

Maximum penalty—165 penalty units.

(2)Subsection (1) does not apply if another person assumes control of the fire before the person mentioned in subsection (1) leaves the fire.

105   Unauthorised things relating to fires

(1)A person must not deposit any of the following in a protected area—

(a)a lit match, pipe, cigar, cigarette or tobacco;

(b)hot ashes;

(c)a burning or smouldering substance;

(d)a substance or device that ignites on impact or by spontaneous combustion.

Maximum penalty—165 penalty units.

(2)Subsection (1) does not apply to a person depositing a thing mentioned in subsection (1) for—

(a)lighting or using a specified cooking or heating appliance; or

(b)lighting a barbecue or fireplace provided by the chief executive; or

(c)if a barbecue or fireplace is not provided by the chief executive for the area—lighting a fire in a place that is more than 2m from flammable material.

(3)A person must not deposit non-combustible material in a fire in a protected area.

Example of non-combustible material—

can, bottle, brick, piece of steel

Maximum penalty for subsection (3)—50 penalty units.

106   Conservation officer’s powers in relation to fires

(1)If a conservation officer reasonably believes a fire in a protected area is, or may become, a hazard to the area, a person or the property of a person, the officer may—

(a)give the person apparently in charge of the fire an oral or written direction to put the fire out or lower its intensity to a reasonable level; or

(b)put out the fire.

Example of basis for reasonable belief—

A prevailing strong wind appears likely to carry wind-borne embers away from the fire.

(2)The person must comply with the direction.

Maximum penalty for subsection (2)—165 penalty units.

Part 3    Unauthorised structures or works

107   Unauthorised structures and works

A person must not erect or keep a structure, other than a camping structure being used under a camping permit, or carry out works in a protected area—

(a)without the chief executive’s written approval; or

(b)in contravention of the approval.

Maximum penalty—165 penalty units.

108   Complying with direction to remove unauthorised structures or works

(1)This section applies to a structure or works in a protected area in contravention of section 107 if the name of the person who erected the structure or works is known by the chief executive or a conservation officer.

(2)A conservation officer may give the person a written direction to—

(a)remove the structure or works, and anything in the structure, and restore the place from which it is removed as nearly as practicable to its former state; or

(b)if the works can not be removed—stabilise or rehabilitate the works, or the place where the works are located.

Example for subsection (2)(b)—

A person who has, without the chief executive’s approval, constructed a walking track in a protected area may be given a direction to rehabilitate the part of the area in which the track is constructed.

(3)The person must, unless the person has a reasonable excuse, comply with the direction.

Maximum penalty—

(a)for a direction given under subsection (2)(a)—80 penalty units; or

(b)for a direction given under subsection (2)(b)—165 penalty units.

(4)It is not a reasonable excuse for subsection (3) that the person is required to, and does not, hold a licence, permit or other authority under an Act to remove the structure or works, or stabilise or rehabilitate the works, unless—

(a)the person has made a reasonable attempt at obtaining the licence, permit or authority; and

(b)has been unsuccessful in obtaining the licence, permit or authority.

Schedule 2 Trustees of resources reserves

section 13

Part 1    Resources reserves placed under joint management of joint trustees

Column 1

Column 2

Resources reserve

Joint trustees

Abbot Bay Resources Reserve

chief executive and mining chief executive

Blackbraes Resources Reserve

chief executive and mining chief executive

Bouldercombe Gorge Resources Reserve

chief executive and mining chief executive

Cudmore Resources Reserve

chief executive and mining chief executive

Eurimbula Resources Reserve

chief executive and mining chief executive

Flat Top Range Resources Reserve

chief executive and mining chief executive

Homevale Resources Reserve

chief executive and mining chief executive

Jardine River Resources Reserve

chief executive and mining chief executive

Lawn Hill (Arthur Creek) Resources Reserve

Lawn Hill (Creek) Resources Reserve

Lawn Hill (Gorge Mouth) Resources Reserve

Lawn Hill (Gregory) Resources Reserve

Lawn Hill (Gregory River Base) Resources Reserve

Lawn Hill (Lilydale) Resources Reserve

Lawn Hill (Littles Range) Resources Reserve

Lawn Hill (Stockyard Creek) Resources Reserve

Lawn Hill (Widdallion) Resources Reserve

chief executive and mining chief executive

Moonstone Hill Resources Reserve

chief executive and mining chief executive

Mount Rosey Resources Reserve

chief executive and mining chief executive

Palmer Goldfield Resources Reserve

chief executive and mining chief executive

Rundle Range Resources Reserve

chief executive and mining chief executive

Stones Country Resources Reserve

chief executive and mining chief executive

Sundown Resources Reserve

chief executive and mining chief executive

White Mountains Resources Reserve

chief executive and mining chief executive

Part 2    Resources reserves for which other joint trustee is given powers of chief executive

Column 1

Column 2

Resources reserve

Powers of other joint trustee

Blackbraes Resources Reserve

Cudmore Resources Reserve

Flat Top Range Resources Reserve

Moonstone Hill Resources Reserve

Stones Country Resources Reserve

The powers of the chief executive under this regulation or the Administration Regulation other than the power to—

(a)  charge a fee for entry to the reserve; or

(b)  grant any of the following—

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

(ii)  an apiary permit;

(iii)  an Aboriginal tradition authority or Island custom authority;

(iv)  a commercial activity permit or special activity permit;

(v)  a stock grazing permit, stock mustering permit or travelling stock permit; or

(c)  enter into a commercial activity agreement; or

(d)  approve the use of a herbicide or pesticide.

Schedule 3 Permitted uses in relevant areas

section 15

Part 1    Service facilities

Column 1

Column 2

Relevant area

Permitted use

Barron Gorge National Park

construction, maintenance and use of the following facilities for the extraction of not more than 50ML of water a day from Lake Placid—

(a)  a submerged water intake tower in Lake Placid;

(b)  a vehicle access bridge from Barron Gorge Road to the water intake tower;

(c)  a pump station on the north bank of the Barron River;

(d)  a water mains under Barron Gorge Road

Blackdown Tableland National Park—the part identified as ‘Communications Tower’ on administrative plans CENAP045, CENAP046, CENAP047, CENAP048 and CENAP049

a communications use

Bowling Green Bay National Park—the following parts—

(a)  the part identified as ‘Alligator Creek VHF Repeater Tower’ shown on the map titled ‘Bowling Green Bay National Park Alligator Creek Tower Site’, containing an area of approximately 50m²;

a communications use

(b)  the part shown as lot 38 on survey plan Ep1963, containing an area of about 20.24ha

a communications use

Brampton Islands National Park—the part identified as ‘Communications Tower’ on administrative plan CENAP052

a communications use

Bulburin National Park—the part described as the existing tower on the map titled ‘Ergon Communication Bulburin National Park Lot 53 on NPW737’, containing an area of 0.09ha

a communications use

Bunya Mountains National Park—the part described as EMT B on the plan titled ‘Bunya Mountains National Park Powerlink Interest Area’, containing an area of 9.084ha

an electricity distribution use

Bunya Mountains National Park—the part identified as ‘Radio Tower’ on plan S35Bunya –1

a communications use

Burrum Coast National Park—the following parts—

(a)  the parts identified as ‘Proposed Reuse Main’, ‘Proposed Hydrant 1’, ‘Proposed Hydrant 2’ and ‘Proposed Hydrant 3’ on plan WBW 83 08/09;

construction, maintenance and use of hydrants and an effluent reuse pipeline

(b)  the part identified as an easement on the plan titled ‘BCNP001’

an electricity distribution use

Capricornia Cays National Park—the part of Lady Musgrave Island shown as lots 1 and 2 on CP882206, containing an area of 1,276m²

a marine navigation use

Capricornia Cays National Park—the following parts shown on administrative plan CEN AP079—

(a)  lot A, containing an area of about 0.041ha;

maintenance and use of the potable water supply network

(b)  lot B, containing an area of about 0.020ha;

maintenance and use of the non-potable water supply network

(c)  lot C, containing an area of about 0.003ha

maintenance and use of the electricity connection

(d)  lot D, containing an area of about 0.016ha

maintenance and use of the water intake pipeline

(e)  lot E, containing an area of about 0.018ha

maintenance and use of the water outlet pipeline

(f)  lot F, containing an area of about 0.021ha

maintenance and use of the fuel pipeline

Claremont Isles National Park—the part of Fife Island shown as lot 1 on CP882212, containing an area of 267m²

a marine navigation use

Conway National Park—the following parts—

(a)  the part identified as ‘Crown Castle Australia Communications Tower’ on plan ACENAP068;

a communications use

(b)  the part identified as ‘Proposed Authority Area’ on plan S35Conway–1;

an electricity distribution use

(c)  the parts shown as lots 284, 285 and 286 on survey plan Hr1228

a communications use

D’Aguilar National Park—the following parts—

(a)  the part identified as ‘D’Aguilar Range (Energex) Site’ on the plan titled ‘DCS Communication site ‘D’Aguilar Range’ D’Aguilar National Park’; and

a communications use

(b)  the part identified as ‘Mount Tenison Wood Radio Tower’ on the plan titled ‘Mount Tenison Wood Radio Tower’; and

a communications use

(c)  lot A on AP20928; and

a communications use

(d)  lot A on AP20929; and

a communications use

(e)  the part identified as lot A over part of lot 309 on NPW751 on QPWSAP00031 containing an area of 268m²

a communications use

Daintree National Park—the fenced areas identified as ‘Telstra & Other Users’ and ‘DERM & DCS site’ shown on drawing ‘A7P1592-2’

a communications use

Deer Reserve National Park—the following parts—

(a)  the part identified as ‘Radio Hut Site’ on the map titled ‘Deer Reserve National Park’;

a communications use

(b)  the part shown as lot C on AP17861, containing an area of about 3,898m²

a communications use

Denham Group National Park—the part of Cairncross Island shown as lot 10 on CP898341, containing an area of 1,682m²

a marine navigation use

Dinden National Park—the following parts—

(a)  the part identified as ‘Miles Electronics’, containing an area of 456m² shown on the plan titled ‘Location Plan of Communications Towers Dinden NP’;

a communications use

(b)  the part identified as ‘Black and White Taxis’, containing an area of 289m² shown on the plan titled ‘Location Plan of Communications Towers Dinden NP’;

a communications use

(c)  the part described as existing tower (Miles Electronic) on the plan titled ‘Ergon Communication Equipment attached on Miles Electronics Tower Dinden National Park Lot 62 on NPW920’, containing an area of 300m²

a communications use

Dryander National Park—part of lot 24 on AP19346 shown as ‘NBN installation’ on drawings 4AIR-51-07-WDWE-T1, 4AIR-51-07-WDWE-C1 to C5 and 4AIR-51-07-WDWE-A1, containing an area of about 700m²

an electricity distribution use

Dryander National Park—the site described as the Ergon Energy Riordanvale communication site shown on the map titled ‘Ergon Energy Riordanvale Communication Site Dryander National Park Lot 24 on NPW772’, containing an area of 900m²

a communications use

Dularcha National Park

construction, maintenance and use of an underground sewer rising main constructed in accordance with drawing numbers 10606000–003 to 10606000–012 showing the route and construction details for the main

Eubenangee Swamp National Park—the part identified as ‘Proposed Transmission Line’ on plan A3–H–132537–06

an electricity distribution use

Ferntree Creek National Park—the part identified as ‘Licence Area’ on drawing U-DWG-302-1016 for the Northern Pipeline Interconnector Stage 2

construction, maintenance and use of a water pipeline

Girramay National Park—the part identified as ‘Proposed Transmission Line’ on plan A3-H-137240-21

an electricity distribution use

Girringun National Park—the following parts—

(a)  the part identified as ‘Wallaman Falls Radio Tower and Hut’ on the map, dated 11 January 2010, titled ‘FPQ Infrastructure on DERM Lands’‘Wallaman Falls Radio tower and Hut’;

a communications use

(b)  the part identified as ‘Proposed Transmission Line’ on plans A3-H-137240-08, A3-H-137240-09, A3-H-137240-10, A3-H-137240-11, A3-H-137240-12, A3-H-137240-13, A3-H-137240-14 and A3-H-137240-15

an electricity distribution use

Glass House Mountains National Park—the part identified as ‘Proposed Easement’ on plan 11549 for the Northern Pipeline Interconnector Stage 1

construction, maintenance and use of a water pipeline

Goold Island National Park

construction, maintenance and use of a communications tower and supporting structures, constructed on an area of 6m diameter at the point 18.1607525 south and 146.1665211 east, for the operation of a radio repeater, seaphone repeater and radio link

Great Sandy National Park

the following uses—

(a)  an electricity distribution use, or a communications use, consistent with orthophoto maps 15993-A1 and 15994-A1 and works plan 1100532;

(b)  a communications use consistent with drawing 254913F1;

(c)  construction, maintenance and use of a water pipeline in the area shown as ‘Existing Easement–Water Pipeline’ on the plan titled ‘Great Sandy National Park Cooloola Coast water pipeline’;

(d)  maintenance and use of a facility, by Gympie Regional Council, for providing communication services to the Tin Can Bay and Cooloola Cove communities;

(e)  maintenance and use of a water reservoir by Gympie Regional Council to service the Tin Can Bay and Cooloola Cove communities;

(f)  a communications use on the part identified as the radio tower site on plan ‘Bowarrady QA200108’;

(g)  a communications use on the part identified as communications tower on the map titled ‘Cooloola Rainbow Beach Aggregation’

Green Island National Park

construction and use of support structures for an extension of the tower on the Commonwealth land to allow the operation of a ship reporting radar device

Herberton Range National Park—the parts identified as ‘Queensland Police Service and Co-users’ and ‘Telstra and Co-users’ on administrative plan WT001

a communications use

Holbourne Island National Park—the part shown as lot 115 on CP882203, containing an area of 203m²

a marine navigation use

Homevale National Park—the part identified as the authority area on the map, of 31 May 2007, titled ‘Homevale National Park s35-1’

an electricity distribution use

Howick Group National Park (Cape York Peninsula Aboriginal land)—the part of South Barrow Island shown as lot 1 on CP882197, containing an area of 212m²

a marine navigation use

Hull River National Park—the part identified as the ‘Use Area for Cassowary Coast Regional Council in Hull River National Park’ on drawing PR116239–1A, PR116239–2A, PR116239–3A, and PR116239–4A containing an area of approximately 11,267m²

a water supply use

Koombooloomba National Park

—the following parts—

(a)  the part identified as ‘Communications Hut and Tower’ on the map titled ‘Kareeya Power Station Communications Hut and Tower’

a communications use

(b)  the part identified as ‘Gauging Station’ on the map titled ‘Nitchaga Creek Flow Gauging Station’

a communications use
maintenance and use of a water flow gauging station

Kroombit Tops National Park—the part identified as ‘Communications Tower’ on administrative plan CENAP050

a communications use

Kuranda National Park—the parts identified as ‘Optus Building’, ‘Telstra Building’, ‘Airservices Building’, ‘Bureau of Meteorology Building’ and ‘TV Hut’ shown on the drawing titled ‘Saddle Mountain Communications Facilities Site Details’

a communications use

Littabella National Park—the following parts—

(a)  the part shown as lot F on administrative plan QPWSAP00004, containing an area of about 366m²;

a communications use

(b)  the part described as an existing tower on the plan titled ‘Communication Infrastructure Littabella National Park Lot 212 on NPW784’, containing an area of 600m²;

a communications use

(c)  the part shown as lot A on administrative plan QPWSAP00004, containing an area of about 196m²

a communications use carried out by Maritime Safety Queensland

Lizard Island National Park—the following parts—

(a)  the part of Palfrey Island shown as lot 1 on CP882213, containing an area of 220m²;

a marine navigation use

(b)  the part identified as ‘Repeater site’ on the plan titled ‘FNAP-001 Australian Volunteer Coastguard Association Repeater Location’, containing an area of 25m²

a communications use

Ma’alpiku Island National Park (Cape York Peninsula Aboriginal land)—Restoration Rock, shown as lot 42 on SP241424, containing an area of 1.162ha

a marine navigation use

Macalister Range National Park—the part identified as lot A over part of lot 174 on NPW930 on QPWSAP00039 containing an area of 3m²

a communications use

Magnetic Island National Park—the following parts—

(a)  the part identified as ‘Authority Area’ on the plan titled ‘NCA Authority Area’;

maintenance and use of a water pipeline

(b)  the part identified as ‘The Forts’ on plan S35Mag—1;

a communications use

(c)  the part identified as ‘overlandcable_buffer’ within Lot 456 on NPW398 on the map titled ‘Ergon Energy Electricity Cable Authority Area’

an electricity distribution use

Main Range National Park—the part identified as ‘Bald Mountain Radio Tower’ on the map, dated 11 January 2010, titled ‘FPQ Infrastructure on DERM Lands’‘Bald Mountain Radio Tower’

a communications use

Mooloolah River National Park—the part identified as ‘Easement Total Area 1.9ha’ on drawing titled ‘Pressure Main Route and Easement’ for the Diversion of South Buderim Sewerage Project—Project No. A1231400

construction, maintenance and use of a sewerage pipeline

Mount Cook National Park—the part identified as ‘Mt Cook QPS QAS SES’ on administrative plan LPF/10739

a communications use

Mount Mackay National Park—the parts identified as ‘Far North Queensland Electricity Board Radio Repeater Site’ and ‘Cleared Area for Helicopter Access’ shown on plan 352-F-1A4 in the vicinity of point 391364.592612 east, 8015410.03112 north, 145.97416 latitude and 17.946715 longitude shown on the plan titled ‘Mount Mackay NP Communications Tower’

a communications use

Mount Windsor National Park—the part identified as ‘Roadtek site’ on plan ‘Mount Windsor Tableland Radio Site’

a communications use

Mowbray National Park—the sites identified as ‘Ergon tower’ and ‘QPS tower’ shown on the plan titled ‘Mowbray National Park Location Plan of QPS and Ergon Communication Towers’

a communications use

Ngalba Bulal National Park—the part described as the existing tower on the map titled ‘Communication Site - Mt Misery’, containing an area of 0.08ha

a communications use

Noosa National Park—the following parts—

(a)  the parts identified as ‘Area A’ and ‘Area B’ in Lot 147 on NPW889;

maintenance and use of water infrastructure

(b)  the part identified as lot A over part of lot 147 on NPW889 on QPWSAP00017 containing an area of 162m²

a communications use

Orpheus Island National Park—the part of White Rock shown as lot 11 on CP882221, containing an area of 326m²

a marine navigation use

Paluma Range National Park—the following parts—

(a)  the part shown on Townsville City Council water supply infrastructure overall plan consistent with drawing 60024604/131, including the following—

(i)  Mt Kinduro water treatment plant consistent with drawing 60024604/132;

(ii)  Crystal Creek water supply infrastructure consistent with drawing 60024604/133;

construction, maintenance and use of a water treatment facility and associated infrastructure

(b)  the part shown as easement—

(i)  AP on DP211715;

(ii)  AR and AS on SP211717;

(iii)  AU, AV and AX on DP211719;

(iv)  ASR on SP211737

an electricity distribution use

Percy Isles National Park—the following parts—

(a)  the part of Pine Peak Island shown as lot 4 on CP882204, containing an area of 319m²;

a marine navigation use

(b)  the part of Vernon Rocks shown as lot 1 on CP882205, containing an area of 235m²

a marine navigation use

Possession Island National Park—Eborac Island, shown as lot 11 on plan SO7, containing an area of about 4.45ha

a marine navigation use

Russell River National Park—the part identified as ‘Proposed Transmission Line’ on plan A3–H–132537–15

an electricity distribution use

Tamborine National Park—the following parts—

(a)  the part identified as ‘RRTMB Mt Tamborine Radio Site’ on plan 11044-A4, containing an area of 268m²;

a communications use

(b)  the part shown as ‘Approved Route’ on sheet 26 of the map for the Powerlink transmission grid for Greenbank–Maudsland

an electricity distribution use

Tewantin National Park—the following parts—

(a)  the part identified as ‘Area A’ in Lot 959 on NPW1140;

a communications use

(b)  the part identified as lot A covering part of lot 4 on AP19222 on MCYAP1402 containing an area of approximately 360m²

a communications use

Three Islands Group National Park—the part of Three Isles shown as lot 1 on CP882196, containing an area of 406m²

a marine navigation use

Tuchekoi National Park—the part identified as ‘Area A’ in Lot 210 on NPW833

maintenance and use of water infrastructure

Turtle Group National Park—the part of Petherbridge Island shown as lot 1 on CP882190, containing an area of 235m²

a marine navigation use

Whitsunday Islands National Park—the following parts—

(a)  the part of Edward Island shown as lot 7 on CP882207, containing an area of 392m²;

a marine navigation use

(b)  the part of Hook Island shown as lot 6 on CP882209, containing an area of 261m²

a marine navigation use

(c)  the part identified as ‘Mount Robinson Communication Tower’ on administrative plan CEN AP076, containing an area of about 266m²

a marine navigation use

Wild Cattle Island National Park

construction, maintenance and use of the following facilities by Queensland Transport for the Port of Gladstone—

(a)  a shipping navigation leads tower and associated solar power equipment;

(b)  a firebreak around the tower;

(c)  a sight line of trimmed vegetation across the island;

(d)  a vehicle access track within the sight line

Wongi National Park—the parts identified as ‘Easement H’ and ‘Easement J’ on SP211763, containing an area of 17.26ha

an electricity distribution use

Woondum National Park—lot A on AP17855

a communications use

Woondum National Park—the part identified as ‘EGX’ on AP17876 and AP17879, containing an area of about 900m²

a communications use

Wooroonooran National Park—the following parts—

(a)  the part identified as ‘Proposed Transmission Line’ on plans A3–H–132537–03, A3–H–132537–04 and A3–H–132537–05;

an electricity distribution use

(b)  the part that is 10m on each side of the overhead powerline route through lot 19 on NPW921, as shown on plan 2361-01;

an electricity distribution use

(c)  the parts identified as area A on plan 1758-01, area B on plan 1759-01, area A on plan 7876CRC-01, area C on plan 7876CRC-02 and area B on plan 7876CRC-03;

maintenance and use of water supply facilities, and construction, maintenance and use of associated infrastructure for the facilities

(d)  the parts identified as ‘Power Line’ and ‘Cableway’ on drawing No. BA4091.98;

construction, maintenance and use of cableway
an electricity distribution use

(e)  the parts identified as portions 208 and 209 and ‘Cableway’ on survey plan Nr.5584

a communications use

Woowoonga National Park—the part described as the lease area on the map, dated 29 November 2010, titled ‘Woowoonga National Park - telecommunications site’, containing an area of 400m²

a communications use

Woowoonga National Park—the part identified as ‘Cleared area’ on the map titled ‘Woowoonga National Park - telecommunications site’, containing an area of about 400m²

a communications use

Part 2    Ecotourism facilities

Column 1	Column 2
Relevant area	Permitted use
Wooroonooran National Park—the part identified as ‘(Lease Area “A”)’, on plan CN 001 titled ‘Mamu Rainforest Canopy Walkway Lease Area “Wooroonooran” National Park’	Maintenance and use of a canopy walkway and maintenance, use, refurbishment or conversion of associated facilities for the walkway

Schedule 4 Permitted uses in national parks

section 16

Column 1	Column 2
National park or part of national park	Permitted use
Brampton Islands National Park—the following parts shown on administrative plan CEN AP075—
(a)  lot A, containing an area of about 1.60ha;	maintenance and use of an airstrip
(b)  lot B, containing an area of about 0.66ha;	maintenance and use of a sewage treatment facility
(c)  lot C, containing an area of about 1.03ha;	maintenance and use of a tramway
(d)  lot D, containing an area of about 0.28ha	maintenance and use of an airstrip
Crater Lakes National Park—the part identified as the ‘Agreement area’ on plan Sec 37 Crater Lakes–1	construction, maintenance and use of buildings, structures and other improvements as part of, or for, a facility for providing tourism services
Molle Islands National Park—the parts identified on plan ‘South Molle Island Infrastructure on Lot A & B on HR1825’	maintenance and use of a water pipeline, water tanks, pumping station and sewage pipeline
Molle Islands National Park—the following parts shown on administrative plan CEN AP078—
(a)  lot A, containing an area of about 2.4ha;	maintenance and use of the water storage facility
(b)  lot B, containing an area of about 0.70ha;	maintenance and use of the power substation
(c)  lot C, containing an area of about 2.7ha	maintenance and use of the powerline corridor
Pioneer Peaks National Park—the part that is portion 410 on plan Ci. 2614, in the Parish of Ossa, County of Carlisle	a communications use

Schedule 5 Prescribed forest reserves for temporary continuation of beekeeping

sections 29(3) and 48 and schedule 9, definition apiary area

Part 1    Forest reserves to become, and former forest reserves that have become, national park

Name of forest reserve or former forest reserve	Permitted number of apiary sites
Alford Forest Reserve	2
Austinville Forest Reserve 1	1
Bania Forest Reserve	4
Beerburrum Forest Reserve 1	9
Beerburrum Forest Reserve 2	1
Beerwah Forest Reserve	5
Bellthorpe Forest Reserve 2	25
Bingera Forest Reserve	2
Blackdown Tableland Forest Reserve	14
Boompa Forest Reserve 2	2
Bulburin Forest Reserve	6
Burnett Creek Forest Reserve	2
Cherbourg Forest Reserve	8
Clagiraba Forest Reserve	3
Conondale Forest Reserve 1	12
Conondale Forest Reserve 2	134
Cordalba Forest Reserve	5
D’Aguilar Forest Reserve	38
Dan Dan Forest Reserve	1
Deer Reserve Forest Reserve	4
Emu Vale Forest Reserve	1
Enoggera Forest Reserve	6
Gatton Forest Reserve	3
Geham Forest Reserve	1
Goomboorian Forest Reserve	15
Goomburra Forest Reserve	2
Grongah Forest Reserve	15
Gympie Forest Reserve	18
Imbil Forest Reserve 1	4
Kandanga Forest Reserve	79
Kenilworth Forest Reserve	53
Kirrama Forest Reserve	3
Kroombit Tops Forest Reserve	32
Littabella Forest Reserve	6
Lockyer Forest Reserve	10
Maleny Forest Reserve 3	1
Mapleton Forest Reserve	28
Marodian Forest Reserve	14
Maroochy Forest Reserve 1	2
Maroochy Forest Reserve 3	1
Miva Forest Reserve	1
Mooloolah Forest Reserve	4
Mount Binga Forest Reserve	2
Mount Mee Forest Reserve	30
Mt Glorious Forest Reserve	60
Mt Mathieson Forest Reserve	2
Nangur Forest Reserve	12
Nerang Forest Reserve	19
Neumgna Forest Reserve	12
Nour Nour Forest Reserve	9
Numinbah Forest Reserve	8
Palen Forest Reserve 1	1
Palen Forest Reserve 2	1
Perseverence Creek Forest Reserve	9
Pidna Forest Reserve	2
Polmaily Forest Reserve 2	1
Ringtail Forest Reserve	2
Spicers Gap Forest Reserve	3
Tamborine Forest Reserve	7
Teebar Forest Reserve 1	1
Teviot Forest Reserve	1
Tewantin Forest Reserve 1	7
Tewantin Forest Reserve 3	1
Toolara Forest Reserve	7
Tuchekoi Forest Reserve	4
Walli Forest Reserve	4
Warro Forest Reserve	11
Womalah Forest Reserve	1
Wonbah Forest Reserve	1
Wongi Forest Reserve	51
Woocoo Forest Reserve	2
Woondum Forest Reserve 1	21
Woondum Forest Reserve 2	4
Wrattens Forest Reserve	95
Yabba Forest Reserve 2	3
Yurol Forest Reserve	3

Part 2    Forest reserves to become, and former forest reserves that have become, national park (recovery)

Name of forest reserve or former forest reserve	Permitted number of apiary sites
Austinville Forest Reserve 2	1
Bellthorpe Forest Reserve 2	1
Lockyer Forest Reserve	31
Mapleton Forest Reserve	14
Moggill Forest Reserve	9
Mount Mee Forest Reserve	11
Numinbah Forest Reserve	4
Tamborine Forest Reserve	2
Tewantin Forest Reserve 1	9

Schedule 6 National parks within which fish, invertebrate animals and mud crabs may be taken

section 47(5), definition prescribed area and section 137(2)(b)

National park	Part of national park within which fish, invertebrate animals and mud crabs may be taken
Bladensburg National Park	all parts
Boodjamulla (Lawn Hill) National Park	the part within the Gregory River
Bowling Green Bay National Park	all parts other than the parts that are inland of the Bruce Highway
Brampton Islands National Park	the parts that are tidal
Bribie Island National Park	the parts within the following— (a)  First Lagoon; (b)  Mermaid Lagoon; (c)  Second Lagoon; (d)  Welsby Lagoon
Bushy Island National Park	the parts that are tidal
Cape Melville National Park	all parts
Cape Palmerston National Park	the parts that are tidal
Cape Upstart National Park	the following— (a)  the parts that are tidal; (b)  the part within Station Creek
Cedar Bay National Park	all parts
Conway National Park	the following— (a)  the parts that are tidal, other than Repulse Creek; (b)  the parts within the part of Repulse Creek between— (i)  its mouth; and (ii)  the line that joins the point where Repulse Creek meets the western bank of Boulder Creek and the regulatory notice erected on the northern bank of Repulse Creek Editor’s note—The line that joins the point where Repulse Creek meets the western bank of Boulder Creek and the regulatory notice erected on the northern bank of Repulse Creek is approximately 4.2km upstream from Repulse Bay, at approximately latitude 20º25.50' south, longitude 148º45.60' east.
Currawinya National Park	all parts
Daintree National Park	the parts that are tidal and south of Cape Tribulation, other than— (a)  the parts within Coopers Creek; and (b)  the parts within Mossman Gorge
Davies Creek National Park	all parts
Diamantina National Park	all parts
Dryander National Park	the parts that are tidal
Edmund Kennedy National Park	all parts
Ella Bay National Park	all parts
Endeavour River National Park	all parts
Eurimbula National Park	the part within the estuary of Eurimbula Creek
Girringun National Park	all parts
Gloucester Islands National Park	the parts that are tidal
Great Sandy National Park	the following— (a)  the parts that are on the mainland; (b)  the parts of Fraser Island that are tidal and north of the line that joins Eli Creek and Tenimby Creek
Grey Peaks National Park	all parts
Hinchinbrook Island National Park	the parts that are tidal other than the parts within Channel 9
Homevale National Park	all parts
Japoon National Park	all parts
Jardine River National Park	all parts other than— (a)  the parts within the Jardine River, and any of its tributaries, that are downstream of the line that is 5km upstream of the point where the river intersects the Old Peninsula Development Road; and (b)  the part within Eliot Creek
Kurrimine Beach National Park	all parts
Lakefield National Park	all parts
Lindeman Islands National Park	the parts that are tidal
Lochern National Park	all parts
Maria Creek National Park	all parts
Millstream Falls National Park	all parts
Mitchell-Alice Rivers National Park	all parts
Molle Islands National Park	the parts that are tidal
Mungkan-Kandju National Park	all parts other than the part within Peach Creek
Newry Islands National Park	the following— (a)  all parts that are tidal; (b)  the part within Rabbit Creek
North East Island National Park	the parts that are tidal
Northumberland Islands National Park	the parts that are tidal
Paluma Range National Park	the part within Crystal Creek
Poona National Park	the part within Kalah Creek
Reliance Creek National Park	all parts
Repulse Islands National Park	the parts that are tidal
Russell River National Park	all parts
Smith Islands National Park	the parts that are tidal
South Cumberland Islands National Park	the parts that are tidal
South Island National Park	the parts that are tidal
Starcke National Park	all parts
Sundown National Park	all parts
Swain Reefs National Park	the parts that are tidal
Tully Gorge National Park	the parts within the Tully River and Koolomon Creek that are downstream of Elizabeth Grant Falls
Welford National Park	all parts
West Hill National Park	the part within Bone Creek
Whitsunday Islands National Park	the parts that are tidal
Wild Duck Island National Park	the parts that are tidal
Wooroonooran National Park	all parts other than— (a)  the part within Beatrice River Falls; and (b)  the part within Behana Creek

Schedule 7 Minimum flying height over protected areas

section 110

Column 1	Column 2	Column 3
Protected area or part of a protected area	Aircraft to which minimum height applies	Minimum height
Capricornia Cays National Park (scientific)—the parts within the following islands— •  East Fairfax Island •  East Hoskyn Island •  West Fairfax Island •  West Hoskyn Island •  Wreck Island	all	1,500ft above sea level
Capricornia Cays National Park—the parts within the following islands— •  Erskine Island •  Heron Island •  Lady Musgrave Island •  Masthead Island •  North West Island •  Tryon Island •  Wilson Island	all	1,500ft above sea level
Carnarvon National Park—the parts within the following areas— (a)  the area formed by joining the following points— •  latitude 24º51' south, longitude 147º58' east •  latitude 24º51' south, longitude 148º02' east •  latitude 25º01' south, longitude 148º18' east •  latitude 25º09' south, longitude 148º16' east •  latitude 24º59' south, longitude 148º00' east (b)  the area formed by joining the following points— •  latitude 25º07' south, longitude 148º20' east •  latitude 25º07' south, longitude 148º32' east	all	1,500ft above ground level
•  latitude 25º15' south, longitude 148º32' east •  latitude 25º15' south, longitude 148º20' east
Currawinya National Park	all	1,500ft above ground level
Hinchinbrook Island National Park	all	1,500ft above ground level

Schedule 8 [Repealed]

Schedule 9 Dictionary

section 10(1)

Aboriginal land protected area, for chapter 5, see section 69A.

Aboriginal people particularly concerned with land means Aborigines particularly concerned with land within the meaning given by the Aboriginal Land Act 1991, section 3.

activity permit means any of the following—

(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.

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

aircraft includes a helicopter.

apiary area means a national park, including a national park (recovery) that under section 197(1)(a) of the Act continues as a national park—

(a)to which section 184 of the Act applies; and

(b)that was previously a forest reserve mentioned in schedule 5.

area closed to the public means an area declared to be closed to the public under section 81.

associated facilities, for a canopy walkway in a relevant area, means facilities in the area for—

(a)the management of the walkway; or

(b)tourism services, other than overnight accommodation, for visitors to the walkway.

Examples of tourism services—

services relating to the provision of tourism information, food and beverages or souvenirs

camping permit includes an e-camping permit and a self-registered camping permit.

camping tag means—

(a)generally—a tag made available by the chief executive for display at a person’s camp site to indicate the person has a camping permit for the site; and

(b)for an e-camping permit and a self-registered camping permit—a tag with the following information on it—

(i)the person’s name;

(ii)the number for identifying the permit.

canopy walkway means a walkway with sections in and above a forest canopy.

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

Commonwealth land, for schedule 3, means the land held by the Commonwealth under special lease 9/36573, situated in the County of Nares, Parish of Trinity, containing an area of about 0.0405ha.

communications use, for schedules 3 and 4, means the construction, maintenance and use of buildings, structures and other improvements as part of, or for, a facility for providing communication services.

deposit includes drop, leave, place or throw.

e-camping permit, for an e-permit camping area, means a camping permit taken to have been granted for the area, under the Administration Regulation, section 42.

electricity distribution use, for schedule 3, means the construction, maintenance and use of either or both of the following—

(a)a supply network within the meaning of the Electricity Act 1994, section 8;

(b)a transmission grid within the meaning of the Electricity Act 1994, section 6.

group activity ...

guide dog ...

insurance cover, for activities to be conducted under a permit, means a policy of insurance that insures the applicant for the permit against a claim for damage, injury or loss to a person, and damage to property, arising from the activities to be conducted under the permit.

lake includes lagoon, swamp, marsh and any other natural collection of water.

litter includes broken glass.

litter bin means a receptacle for litter provided by the chief executive.

marine navigation use, for schedule 3, means the construction, maintenance and use of buildings, structures and other improvements as part of, or for, a facility for assisting marine navigation.

mining chief executive means the chief executive of the department in which the Mineral Resources Act 1989 is administered.

motor vehicle—

1Motor vehicle means a vehicle propelled by a motor that forms part of the vehicle, and includes a trailer attached to the vehicle.

2Motor vehicle does not include an aircraft, a bicycle, a hovercraft or a motorised wheelchair.

national park (recovery) means an area dedicated as a national park (recovery) under the Act as in force before the commencement of section 197 of Act.

person in charge, of an animal, has the meaning given by the Animal Care and Protection Act 2001, section 12.

public health and safety act means an act, the regulation or prohibition of which, the chief executive believes is necessary or desirable to diminish the risk of death, injury or illness of users of a protected area or adjacent areas.

quarry material does not include—

(a)a mineral under the Mineral Resources Act 1989; and

(b)bush rock; and

(c)guano.

reasonably suspect means suspect on grounds that are reasonable in the circumstances.

recreational craft includes a hot air balloon, hang-glider, paraglider and an ultralight aircraft.

regulatory information notice see section 71(2).

regulatory notice see section 70(2).

relevant area means a national park, including a national park (recovery) that under section 197(1)(a) of the Act continues as a national park.

relevant protected area, for chapter 1, part 2, see section 4.

resources permit see section 17.

restricted access area means an area declared to be a restricted access area under section 73.

restrictive act means—

(a)for an organised event permit or commercial activity permit—amend, suspend or cancel the permit; or

(b)for a commercial activity agreement—amend or cancel the agreement or suspend the authorisation under it.

scientific purpose includes an archaeological, anthropological or sociological purpose.

self-registered camping permit, for a self-registration camping area, means a camping permit taken to have been granted for the area, under the Administration Regulation, section 44.

special activity, for a protected area or a part of a protected area, means an activity that is declared to be a special activity for the area or part under—

(a)a regulatory notice erected or displayed, under section 78; or

(b)a conservation plan that identifies the area or part as, or including, a critical habitat for wildlife.

specified cooking or heating appliance means a portable cooking or heating appliance that is self-contained and uses manufactured fuel, including, for example, refined oil or gas.

Torres Strait Islanders particularly concerned with land has the meaning given by the Torres Strait Islander Land Act 1991, section 3.

watercourse means a river, creek or stream in which water flows permanently or intermittently.

weapon see the Weapons Act 1990, schedule 2.