Nature Conservation (Protected Areas Management) Regulation 2017 (Qld)

Nature Conservation (Protected Areas Management) Regulation 2017

Chapter 1    Preliminary

Part 1    General

1   Short title

This regulation may be cited as the Nature Conservation (Protected Areas Management) Regulation 2017.

2   Commencement

This regulation commences on 1 September 2017.

3   Overview

This regulation provides for the management of protected areas by—

(a)requiring the trustees of particular conservation parks or resources reserves to manage the parks or reserves; and

(b)permitting particular uses of protected areas under the Act; and

(c)prescribing restrictions on the grant of particular protected area authorities; and

(d)stating the activities authorised under each protected area authority; and

(e)regulating activities carried out under particular protected area authorities; and

(f)prohibiting particular conduct in protected areas; and

(g)authorising particular taking, use, keeping or interference with the cultural or natural resources of a protected area other than under a protected area authority; and

(h)providing for the seizure of particular things in protected areas; and

(i)providing for fees payable under the Act; and

(j)providing for administrative and procedural requirements in relation to the matters mentioned in paragraphs (a) to (i); and

(k)providing for the review of decisions made in relation to matters under this regulation.

Note—

For land dedicated or declared as a protected area under part 4 of the Act, see the Nature Conservation (Protected Areas) Regulation 1994.

4   [Repealed]

Part 2    Application

5   [Repealed]

6   Application generally

Subject to sections 7 to 10, this regulation applies to all protected areas.

Note—

See also the Nature Conservation (Animals) Regulation 2020 and the Nature Conservation (Plants) Regulation 2020 in relation to animals and plants that are not in protected areas.

7   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.

8   Application to State forest or timber reserve in coordinated conservation area

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

9   Application to special wildlife reserve and nature refuge

(1)A provision of this regulation applies to a special wildlife reserve or nature refuge only if, and to the extent, the provision declares it applies.

(2)Subsection (3) applies to a provision of this regulation (a supporting provision) that applies for interpreting, or giving purpose to, a provision that declares it applies in relation to a special wildlife reserve or nature refuge (the primary provision).

(3)The supporting provision applies in relation to the special wildlife reserve or nature refuge to the extent required to give effect to the primary provision.

9A   Application to coordinated conservation area

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

(2)In this section—

private land means land other than State land.

10   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 an exploration permit, mineral development licence, mining claim, mining lease or prospecting permit 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

11   Dictionary

The dictionary in schedule 8 defines particular words used in this regulation.

12   What is a protected area authority

(1)A protected area authority is each of the following permits or authorities for a protected area—

(a)a resources permit;

(b)an apiary permit;

(c)an Aboriginal tradition authority;

(d)an Island custom authority;

(e)an activity permit.

(2)A resources permit is a permit to take, use, keep or interfere with cultural or natural resources of a protected area.

(3)An activity permit is any of the following permits for a protected area—

(a)a camping permit;

(b)a commercial activity permit;

(c)an organised event permit;

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

(e)a permit to solicit donations or information;

(f)a permit to use recreational craft;

(g)a restricted access area permit;

(h)a special activity permit;

(i)a stock grazing permit;

(j)a stock mustering permit;

(k)a travelling stock permit.

12A   Meaning of character of an area

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

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

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

(i)roads or other access routes; or

(ii)buildings or other structures; or

(iii)litter; or

(iv)noise from human activity;

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

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

12B   Meaning of relevant person

A relevant person, for the holder of a protected area authority, is—

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

(b)for another protected area authority—

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

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

12C   References to wildlife

(1)In this regulation, a reference to a category or class of wildlife is a reference to—

(a)if the wildlife is an animal—the category or class of animal under the Nature Conservation (Animals) Regulation 2020; or

(b)if the wildlife is a plant—the class of plant under the Nature Conservation (Plants) Regulation 2020.

(2)The scientific names used for wildlife mentioned in this regulation follow the scientific references stated—

(a)for an animal—in the Nature Conservation (Animals) Regulation 2020, section 7; or

(b)for a plant—in the Nature Conservation (Plants) Regulation 2020, section 8.

13   Measurement of position under regulation

(1)In this regulation, position is defined by reference to GDA2020.

(2)In this section—

GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.

13A    Rounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or

(b)if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(c)if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or

(d)if the result is more than $500—to the nearest dollar (rounding one-half upwards).

Chapter 2    General provisions about particular protected areas

Part 1    Trustees of conservation parks or resources reserves

14   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.

Note—

Conservation parks are dedicated by the Nature Conservation (Protected Areas) Regulation 1994, section 5.

(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 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).

(4)A reference in schedule 1 to an area of the State followed by the words ‘City Council’, ‘Regional Council’ or ‘Shire Council’ is a reference to a local government.

15   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.

Note—

Resources reserves are dedicated by the Nature Conservation (Protected Areas) Regulation 1994, section 6.

(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 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.

16   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 14; and

(b)a resources reserve placed under the management of the trustee of the reserve under section 15.

(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

17   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 prescribed as a permitted use for the national park 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 prescribed as a permitted use for the national park stated opposite the use in part 2, column 1 of that schedule if the use is only for an ecotourism facility.

(2)A drawing, map or plan mentioned in schedule 3 is—

(a)held by the department; and

(b)available for inspection, free of charge, by members of the public at the head office of the department during normal business hours.

(3)A reference in schedule 3 to an area of the State followed by the words ‘City Council’ or ‘Regional Council’ is a reference to a local government.

18   Permitted uses in national parks under former Act—Act, s 37

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

(2)A map or plan mentioned in schedule 4 is a map or plan—

(a)held by the department; and

(b)available for inspection, free of charge, by members of the public at the head office of the department during normal business hours.

Part 3    Apiary permits for national parks

18AA   Apiary areas—Act, s 36A

(1)For section 36A(2)(a) of the Act, an area stated in schedule 5, column 2, within the national park stated opposite in column 1 of that schedule, is prescribed as an apiary area for the national park.

(2)A reference in schedule 5 to a former forest reserve is a reference to the area that was dedicated as the forest reserve before the area became dedicated as a national park.

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

18AB   Requirement for apiary permits—Act, s 36A

(1)For section 36A(2)(b) of the Act, this section prescribes a requirement for granting an apiary permit for an apiary area in a national park.

(2)The chief executive must not grant an apiary permit for an apiary area if, because of the grant, beekeeping would be authorised in relation to more than the number of apiary sites stated in schedule 5, column 3 opposite the apiary area.

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

Part 1A    Preliminary

18A   Purpose of chapter

This chapter—

(a)authorises persons to take, use, keep or interfere with cultural or natural resources of particular protected areas in particular circumstances; and

(b)provides for additional matters the chief executive must consider for the grant of resources permits, apiary permits, Aboriginal tradition authorities or Island custom authorities; and

(c)provides for restrictions on the grant of those permits or authorities by the chief executive.

Notes—

1See chapter 4A, part 1 for other restrictions and matters the chief executive must consider when deciding applications for all protected area authorities.

2See also section 137 of the Actabout the requirement for particular licences, permits or other authorities to be consistent with management principles and particular management instruments.

18B   Grant of permits or authorities

(1)The chief executive may grant a resources permit, an apiary permit, an Aboriginal tradition authority, or an Island custom authority, for a protected area after considering the matters provided for under this chapter and chapter 4A, part 1.

(2)For section 9, this section applies in relation to a special wildlife reserve or nature refuge to the extent a permit or authority mentioned in subsection (1) may be granted for the reserve or refuge.

Part 1    Provisions applying to all or most permits or authorities

Division 1 Considering applications for permits or authorities

19   Additional matters to be considered

(1)In considering an application for a resources permit, an apiary permit, an Aboriginal tradition authority or an Island custom authority 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 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.

(2)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

19AA    Additional matters for particular Indigenous areas

(1)This section applies in relation to the chief executive considering an application for a protected area authority for an Aboriginal land protected area or a protected area in the Cape York Peninsula Region.

(2)The chief executive must have regard to—

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

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

(3)For section 9, this section applies in relation to a special wildlife reserve or nature refuge in the Cape York Peninsula Region.

Division 2 Restrictions on grant

19AB    Restriction on grant for Aboriginal land protected areas

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

(2)In this section—

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

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

(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 grant of the authority;

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

19AC    Restriction on grant for particular protected areas in Cape York Peninsula Region

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

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

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

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

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

(3)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

(4)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 things—

(a)give a person a notice about an application for a protected area authority for the area;

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

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

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

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

Part 2    Resources permits and apiary permits

Division 1 Restrictions on grant

19A    Restrictions on grant for special wildlife reserve and nature refuge

(1)The chief executive may grant a resources permit for a special wildlife reserve only if the permit is granted for—

(a)an educational purpose for a cultural or natural resource of the reserve; or

(b)a scientific purpose for a cultural or natural resource of the reserve.

(2)The chief executive may grant a resources permit for a nature refuge.

(3)The chief executive may grant a resources permit mentioned in this section only with the consent of the landholder of the land in the special wildlife reserve or nature refuge.

20   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.

(3)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

Division 2 Resources permits

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

21   Restriction about protected area for grant of permit for quarry material

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

22   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 for only—

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

(b)a conservation park; or

(c)a resources reserve.

(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 restrictions on grant of resources permit for educational purposes

23   General restriction on grant of permit

(1)The chief executive may grant a resources permit for educational purposes for a cultural or natural resource of a protected area 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 an interested group in relation to the protected area 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 interested group.

(2)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

24   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)if the permit is to authorise the individual to keep live 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.

(3)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

25   Restriction about purposes for which permit may be granted

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

(a)the educational 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 educational 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.

(2)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

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

26   General restriction on grant of permit

(1)The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource of a protected area 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 an interested group in relation to the protected area 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 interested group.

(2)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

27   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 individual 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; 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 individual 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 individual 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 individual 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)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; or

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

(3)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

28   Restriction about purposes for which permit may be granted

(1)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 scientific 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.

(2)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

Subdivision 4 Activities authorised by resources permits

29   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 of the protected area, or the part of a protected area, stated on the permit.

(2)Also, a resources permit specifically stating 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.

(4)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

Subdivision 5 Conducting activities under particular resources permit

30   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 2.85 fee units 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 paying the whole or part of the royalty payable under this section if the chief executive considers it is appropriate having regard to each of 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 restrictions on grant of apiary permit

31   Restriction about protected areas for grant of permit

The chief executive may grant an apiary permit only for—

(a)an apiary area in a national park; or

(b)a conservation park; or

(c)a resources reserve.

Note—

See also chapter 2, part 3 in relation to apiary permits for national parks.

31A   Restrictions about apiary sites for grant of permit

(1)The chief executive may grant an apiary permit for a protected area mentioned in section 31 only if—

(a)the permit relates to a site in the protected area on which beehives for beekeeping under the permit may be placed and maintained by the holder of the permit, or a relevant person for the holder; and

(b)the area of the site is no more than 600m².

(2)A site mentioned in subsection (1) is an apiary site.

32   Restriction about number of beehives

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

33   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 specifically stating 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.

(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

34   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 or near threatened wildlife, other than a part of a vulnerable or near threatened plant.

(2)Subsection (3) applies to—

(a)a 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 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.

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

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

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

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

(2)In this section—

weapon see the Weapons Act 1990, schedule 2.

Division 2 Aboriginal tradition authorities

Subdivision 1 Considering application

36   Additional matters to be considered

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

(a)any advice given by the corporation applying 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, using, keeping or interfering with the resource; and

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

Subdivision 2 Additional restrictions on grant

37   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 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.

38   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, used, kept, or interfered with is of particular significance under Aboriginal tradition, according to the views of the people who the members of the interested group for the authority regard as having authority to state the traditional significance of the resource; or

(b)the interested group 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—

interested group, for an Aboriginal tradition authority, means the community or group represented by the corporation applying for the authority.

Subdivision 3 Activities authorised by Aboriginal tradition authority

39   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 of the protected area, or the part of a protected area, stated on the permit.

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

40   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.

41   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

42   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 applying 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, using, keeping 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.

Subdivision 2 Additional restrictions on grant

43   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.

44   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 the purpose for which the resource is to be taken, used, kept or interfered with is of particular significance under Island custom, according to the views of the people who the members of the interested group for the authority regard as having authority to state the customary significance of the resource.

(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—

interested group, for an Island custom authority, means the community or group represented by the corporation applying for the authority.

Subdivision 3 Activities authorised by Island custom authority

45   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 specifically stating 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

46   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.

47   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

48   Controlling activity

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

(2)The permission must state—

(a)how, where and when the controlling 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 controlling 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)The chief executive may give a permission under this section for a special wildlife reserve or nature refuge only with the consent of the landholder of the land in the reserve or refuge.

49   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)for a prescribed national park—the parts stated in schedule 6, column 2 opposite the park; or

(b)a conservation park; or

(c)a resources reserve.

50   [Repealed]

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

Part 1A    Preliminary

50A   Purpose of chapter

This chapter—

(a)authorises persons to carry out particular activities for access to, use of and conduct within particular protected areas; and

(b)provides for additional matters the chief executive must consider for the grant of activity permits; and

(c)provides for restrictions on the grant of activity permits by the chief executive; and

(d)states requirements for keeping records and returns of operation for commercial activity permits.

Note—

See chapter 4A, part 1 for other restrictions and matters the chief executive must consider when deciding applications for all protected area authorities.

50B   Grant of permits

(1)The chief executive may grant an activity permit for a protected area after considering the matters provided for under this chapter and chapter 4A, part 1.

(2)For section 9, this section applies in relation to a special wildlife reserve or nature refuge to the extent an activity permit may be granted for the reserve or refuge.

Part 1    Provisions applying to all or most permits

Division 1 Considering applications for activity permits

51   Additional matters to be considered

(1)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 permit 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.

(2)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

Division 2 Restrictions on grant

52   Permit must be consistent with management principles and management intent or plan, or conservation agreement

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

(a)the management principles for the area; and

(b)any of the following for the area—

(i)the interim or declared management intent;

(ii)the management plan;

(iii)the conservation agreement.

(2)For section 9, this section applies in relation to a special wildlife reserve or nature refuge.

52A   Restrictions on grant for special wildlife reserve

(1)The only types of activity permit the chief executive may grant for a special wildlife reserve are the following—

(a)a restricted access area permit;

(b)a stock mustering permit;

(c)a travelling stock permit.

(2)The chief executive may grant an activity permit mentioned in this section only with the consent of the landholder of the land in the special wildlife reserve.

52B   Restrictions on grant for nature refuge

(1)The only type of activity permit the chief executive may grant for a nature refuge is a restricted access area permit.

(2)The chief executive may grant an activity permit mentioned in this section only with the consent of the landholder of the land in the nature refuge.

53   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

54   Access to restricted area authorised under particular permits

(1)A prescribed activity permit specifically stating 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.

(2)For section 9, this section applies in relation to a special wildlife reserve, to the extent the reserve is a restricted access area.

(3)In this section—

prescribed activity permit means—

(a)a stock grazing permit; or

(b)a stock mustering permit; or

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

(d)a commercial activity permit; or

(e)an organised event permit.

55   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

56   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

57   Entering restricted access area authorised under permit

(1)A restricted access area permit authorises the holder of the permit, or a relevant person for the holder, to enter and remain in the restricted access area stated on the permit for the purpose stated on the permit.

(2)For section 9, this section applies in relation to a special wildlife reserve or nature refuge, to the extent the reserve or refuge is a restricted access area.

Part 4    Stock grazing permits

58   Restriction about protected areas for which permit may be granted

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

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

(b)a conservation park; or

(c)a resources reserve.

(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.

59   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

60   Mustering stock in particular areas authorised under permit

(1)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.

(2)For section 9, this section applies in relation to a special wildlife reserve.

61   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.

(3)For section 9, this section applies in relation to a special wildlife reserve.

Part 6    Travelling stock permits

62   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).

63   Travelling stock in particular areas authorised under permit

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

(2)For section 9, this section applies in relation to a special wildlife reserve.

Part 7    Permits to enter national park (scientific)

64   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

Division 1 Activities authorised under permits

65   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.

Division 2 Requirements for records

66   Particular holders to keep records

(1)The holder of a commercial activity permit, other than for filming or photography, is required to keep a record for the permit under this division.

(2)The holder complies with a provision of this division if a relevant person for the holder complies with the provision.

66A   Details and timing for records

(1)The holder must keep a record for the commercial activity permit that includes details about the activities carried out under the permit, including the number of persons taking part in the activities.

Maximum penalty—50 penalty units.

(2)The holder must include the details mentioned in subsection (1) in the record on the day the activities are carried out under the permit.

Maximum penalty—120 penalty units.

66B   How records must be kept

(1)The holder must keep the record in the way stated under this section.

Maximum penalty—120 penalty units.

(2)The record must be kept in—

(a)a record book; or

(b)an electronic record system approved by the chief executive.

(3)If the record is kept in an approved electronic record system and the system is not working on the day particular information must be included in the record—

(a)the information must be recorded in a document in the approved form; and

(b)the document is taken to be a part of the system when the information is recorded in the document.

(4)A record book is the property of the State.

66C   Where records or copies must be kept

The holder must ensure the record, or a copy of the record, is kept in a secure way—

(a)if the chief executive has given the holder a notice stating the place where the record or copy is to be kept—at the stated place; or

(b)otherwise—at the holder’s place of business.

Maximum penalty—120 penalty units.

66D   How long records or copies must be kept

(1)The holder must—

(a)ensure the record, or a copy of the record, is kept for at least 2 years after the holder, or a relevant person for the holder, stops carrying out activities under the commercial activity permit; and

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

Maximum penalty—120 penalty units.

(2)Subsection (3) applies if the chief executive asks the holder to surrender a record book for the commercial activity permit.

(3)The holder must, unless the holder has a reasonable excuse, surrender the record book to the chief executive.

Maximum penalty—120 penalty units.

Division 3 Requirements for returns of operations

66E   Particular holders to give returns to chief executive

(1)The holder of a commercial activity permit, other than for filming or photography, is required to give the chief executive returns of operations for the permit under this division.

(2)The holder complies with a provision of this division if a relevant person for the holder complies with the provision.

66F    Giving returns

(1)The holder must give the chief executive a return of operations for the commercial activity permit—

(a)for each prescribed period for the permit; and

(b)within 20 business days after each prescribed period for the permit ends.

Maximum penalty—120 penalty units.

(2)The return of operations must be given in the approved form.

Maximum penalty—120 penalty units.

(3)Subsections (1) and (2) apply even if no relevant activity for the return of operations happened during the prescribed period.

(4)A return of operations given to the chief executive under this section is the property of the State.

(5)In this section—

prescribed period, for a commercial activity permit, means—

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

(b)otherwise—

(i)each period of 3 months starting on the day after the permit is granted; and

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

relevant activity, for a return of operations, means an activity the details of which must be included in the approved form for the return.

67   Chief executive to give invoices for returns

(1)This section applies in relation to each return of operations given to the chief executive under section 66F by the holder of the commercial activity permit.

(2)The chief executive must give the holder an invoice for any additional daily fee and camping fee payable under the Act 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, 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.

67A   Way and how long return of operations must be kept

(1)The holder of the commercial activity permit must keep a copy of each return of operations for the permit in a secure way at the holder’s place of business.

Maximum penalty—120 penalty units.

(2)The holder must—

(a)keep the copy of the return of operations for at least 2 years after the holder, or a relevant person for the holder, stops carrying out activities under the commercial activity permit; and

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

Maximum penalty—120 penalty units.

Division 4 Other requirements for records and returns

67B   Information must be complete, accurate and legible

(1)A person required to keep a record or return of operations under this part must ensure the information included in the record or return is—

(a)complete and accurate; and

(b)legible; and

(c)written in ink.

Maximum penalty—100 penalty units.

(2)Subsection (1)(c) does not apply in relation to a record kept in an electronic form.

67C   Notice of theft, loss or destruction of, or damage to, records or returns

(1)This section applies if—

(a)the holder of a commercial activity permit keeps a record or return of operations, or a copy of the record or return; and

(b)the record, return or copy is stolen, lost, destroyed or damaged (the incident).

(2)Within 24 hours after becoming aware of the incident, the holder must, unless the holder has a reasonable excuse, give the chief executive a notice stating the incident has occurred.

Maximum penalty—120 penalty units.

(3)Subsection (4) applies if a relevant person keeps the record or return of operations for the holder.

(4)Within 24 hours after becoming aware of the incident, the relevant person must, unless the person has a reasonable excuse, notify the holder of the incident.

Maximum penalty—40 penalty units.

67D   Tampering with records or returns of operations

(1)This section applies in relation to a record or return of operations kept under this part.

(2)A person must not, unless the person has a reasonable excuse—

(a)deface, erase or obliterate an entry in the record or return; or

(b)remove an entry from the record or return; or

(c)modify an entry in the record or return; or

(d)act in a way mentioned in any of paragraphs (a) to (c) in relation to a copy of the record or return.

Maximum penalty—120 penalty units.

(3)However, subsection (2)(b) and (d) does not apply in relation to the removal of an entry from a record book if—

(a)the entry is a page that is a copy of a return of operations; and

(b)the person gives the page to the chief executive or a conservation officer.

Part 9    Permits to solicit donations or information

68   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—

(a)if the permit states the holder or person may solicit donations under the permit—to 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—to 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

69   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

70   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

71   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 4A    Managing protected area authorities

Part 1    Applications for authorities

Division 1 Preliminary

71AA    Application of part

For section 9, this part, other than section 71AC, applies in relation to a special wildlife reserve or nature refuge.

Division 2 Making applications

71AB    Requirements for application

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

(2)The application must—

(a)be in the approved form; and

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

(c)be accompanied by the relevant fee; and

(d)comply with any other requirements for the application under this regulation.

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

(4)In this section—

relevant fee means—

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

(i)the application fee payable under chapter 8A for the permit; and

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

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

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

(ii)if persons will be camping under the permit—the sum of the application fee, and the camping fee for camping, payable under chapter 8A for the permit; or

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

(d)for an application for another authority—the fee payable under chapter 8A for the authority.

71AC    Commercial activity permit applications must include request for record book or approval of electronic record system

(1)This section applies if a person applying for a commercial activity permit does not have—

(a)a record book for keeping records for the permit; or

(b)an electronic record system approved by the chief executive for keeping records for the permit.

(2)When the application is made, the person must ask the chief executive to—

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

(b)approve an electronic record system for keeping the records.

(3)The request must be accompanied by the fee stated in schedule 7A for the record book or the approval.

Division 3 Suitability

71AD    Purpose of division

This division—

(a)prevents a protected area authority being granted to a person who is not a suitable person; and

(b)states when a person is not a suitable person to hold a protected area authority.

71AE    Definitions for division

In this division—

associate, of a person whose suitability to hold a protected area authority is being considered, means—

(a)if the person is a corporation—each executive officer of the corporation; or

(b)if the person is an individual—another person who—

(i)is, or is intended to be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or is intended to relate, to the authority; or

(ii)regularly directs staff for the activity or business in their duties; or

(iii)is, or is intended to be, in a position to control or substantially influence the activity or business, or proposed activity or business.

relevant day, for a person, means—

(a)for deciding whether or not the person is a suitable person to hold a protected area authority—the day the person made the application for the authority under division 2; or

(b)for deciding whether or not the holder of a protected area authority is not, or is no longer, a suitable person to hold the authority—the day the decision is made.

71AF    Restriction on grant for suitability

(1)The chief executive must not grant a protected area authority to an applicant who is not a suitable person to hold the authority.

(2)Without limiting subsection (1), in deciding whether the applicant is a suitable person, the chief executive may have regard to any matter relevant to the applicant’s ability to carry out activities under the protected area authority in a competent and ethical way.

(3)Subsection (1) does not apply in relation to a camping permit.

71AG    Suitability based on convictions

(1)A person is not a suitable person to hold a protected area authority if—

(a)the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of—

(i)an offence against the Act; or

(ii)an animal welfare offence under the Animal Care and Protection Act 2001; or

(iii)an offence under another Act relating to wildlife; or

(iv)an offence against the Recreation Areas Management Act 2006 relating to a recreation area; or

(v)an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or

(vi)an offence against the Marine Parks Act 2004 relating to a marine park; or

(vii)an offence, however described, equivalent to an offence mentioned in any of subparagraphs (i) to (vi) under the law of another jurisdiction; and

(b)the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority.

Examples of when chief executive may be satisfied—

1A person convicted of an offence against section 62 of the Actfor taking a cultural or natural resource of a protected area applies for a protected area authority for taking cultural or natural resources of a protected area.

2A person convicted of an offence against section 88 of the Actfor taking a protected animal applies for a protected area authority for taking an animal that is a natural resource of a protected area.

(2)Subsection (1) does not apply if the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999.

71AH    Suitability based on other matters

(1)A person is not a suitable person to hold a protected area authority if the chief executive is satisfied the person would be unable to carry out activities under the authority in a competent and ethical way.

(2)Without limiting subsection (1), the chief executive may be satisfied the person is unable to carry out activities under the protected area authority in a competent and ethical way if—

(a)the person, or an associate of the person, has accumulated 10 or more demerit points under section 71AI within 3 years before the relevant day; or

(b)the person, or an associate of the person, was the holder of a protected area authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 71AI; or

(c)the person, or an associate of the person, is or was the holder of an authority, however described, under the law of another jurisdiction that—

(i)is or was equivalent to a protected area authority; and

(ii)was suspended or cancelled within 3 years before the relevant day.

71AI    Accumulation of demerit points

(1)This section applies to a person who is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against the Act if the person—

(a)is convicted of the offence; or

(b)pays the fine stated in the infringement notice for the offence; or

(c)applies under the State Penalties Enforcement Act 1999, section 23 to pay the fine stated in the infringement notice for the offence by instalments; or

(d)fails to pay the fine stated in the infringement notice for the offence, resulting in a default certificate being given to SPER for the infringement notice.

(2)For section 71AH(2)(a) and (b), the person accumulates the following number of demerit points for the offence—

(a)for an offence for which the maximum penalty is not more than 20 penalty units—1 demerit point;

(b)for an offence for which the maximum penalty is more than 20 but not more than 50 penalty units—2 demerit points;

(c)for an offence for which the maximum penalty is more than 50 but not more than 80 penalty units—3 demerit points;

(d)for an offence for which the maximum penalty is more than 80 but not more than 120 penalty units—4 demerit points;

(e)for an offence for which the maximum penalty is more than 120 but not more than 165 penalty units—5 demerit points;

(f)for an offence for which the maximum penalty is more than 165 penalty units—7 demerit points.

(3)The person accumulates the demerit points for the offence on the day that subsection (1) applies to the person.

(4)However, if the day mentioned in subsection (3) is within the period in which a court proceeding for the offence has started but not ended, subsection (3) does not apply to the person until the day the period ends.

(5)Subsections (3) and (4) apply subject to the State Penalties Enforcement Act 1999, section 31.

(6)In this section—

default certificate see the State Penalties Enforcement Act 1999, section 33(1).

SPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999, section 7.

Division 4 Considering applications

71AJ    General matters for chief executive to consider

(1)The chief executive must consider an application for a protected area authority having regard to each of the following matters—

(a)whether the chief executive is restricted from granting the authority under chapter 3 or 4;

(b)whether the applicant is a suitable person to hold the authority;

Note—

See division 3 for when a person is not a suitable person.

(c)the impact the activities proposed to be carried out under the authority may have on the conservation of the cultural or natural resources of a protected area;

(d)the effect the grant of the authority may have on the fair and equitable access to nature, in particular, the ecologically sustainable use of protected areas;

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

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

(g)the precautionary principle;

(h)public health and safety;

(i)the public interest;

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

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

(2)Subsection (1)(b) does not apply to an application for a camping permit.

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

Note—

See also section 137 of the Actabout consistency of particular licences, permits or other authorities with management principles and particular management instruments.

(4)In this section—

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

recovery plan, for wildlife—

(a)means a document stating what research and management is necessary to stop the decline, support the recovery, or enhance the chance of long-term survival in the wild, of the wildlife; and

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

71AK    Additional matters for refusal of particular applications

(1)This section applies—

(a)in addition to section 71AJ; and

(b)in relation to an application for a new protected area authority to take effect immediately after an existing protected area authority of the same type ends.

(2)Without limiting section 71AO(1)(b), the chief executive may refuse the application if the chief executive believes—

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

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

71AL    Chief executive may require further information or document

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

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

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

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

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

(b)otherwise—

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

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

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

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

(b)otherwise—a reasonable period.

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

71AM    Amending application

An applicant for an application for a protected area authority may amend the application if—

(a)the chief executive has not finished considering whether to grant the application; and

(b)the chief executive agrees to the amendment of the application.

71AN    Chief executive may request public notice of application

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

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

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

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

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

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

(a)includes the stated information; and

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

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

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

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

Division 5 Deciding applications

71AO    Chief executive to decide application

(1)The chief executive must, after considering an application for a protected area authority, decide to—

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

(b)refuse the application.

(2)The chief executive must decide the application—

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

(i)if, under section 71AL, the chief executive asks for further information or a document—within a reasonable time after receiving the information or document; or

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

(b)for an application for any other protected area authority—

(i)if, under section 71AL, the chief executive asks for further information or a document—within 40 business days after receiving the information or document; or

(ii)if, under section 71AN, the chief executive asks the applicant to give public notice of the application—within 40 business days after the end of the period within which interested persons may make submissions in response to the notice; or

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

71AP    Steps to be taken after application decided

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

(a)the authority; and

(b)if a condition was imposed on the authority under section 71AO(1)(a)—an information notice for the decision to impose the condition.

(2)Subsection (1)(b) does not apply in relation to a condition the applicant sought in the application.

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

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

(b)for another protected area authority—give the applicant an information notice for the decision.

Part 2    Camping permits in particular areas

Division 1 E-permit camping areas

71AQ    Establishing areas

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

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

(a)the period during which the area is an e-permit camping area;

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

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

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

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

(3)The chief executive may also erect or display a notice (an additional conditions notice) near the e-permit camping notice stating conditions, applying to a person camping in the e-permit camping area, additional to the conditions stated in the e-permit camping notice.

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

(5)Each camping tag must include a space on the tag for a person who holds a camping permit for the e-permit camping area to write the following information—

(a)the person’s name;

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

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

Part 3    Fees for commercial activity agreements

Fee units
13	Commercial activity agreement (ss 71CW(b) and 71DC(2)(b))—
(a)  for submission of an expression of interest	365.30
(b)  for an application	365.30
(c)  for using a way, not involving submission of an expression of interest or an application, to enter into a commercial activity agreement	nil

Part 4    Fees for record books

Fee units
14	Record book for a commercial activity permit (s 71AC(3))—
(a)  for a book with 20 pages	8.90
(b)  for a book with 50 pages	22.45

Part 5    Fees for amendments of authorities

Fee units
15	For an amendment of a protected area authority for which a fee is payable, other than a change of address, requested by the holder of the authority (ss 71BG(2)(a) and 159AM(1))—
(a)  for a camping permit taken to have been granted under section 71AR for an e-permit camping area—
(i)  for every third amendment	15.50
(ii)  for every other amendment	nil
(b)  for an amendment of any other camping permit	nil
(c)  for an amendment of another protected area authority—for each amendment	18.95

Schedule 7B Categories of plants for fees

section 159AM(3) to (5)

Part 1    Categories of least concern plants for fees payable for seeds or other propagative material

Least concern plant (scientific name)	Category
Acacia adunca	7
Acacia aneura	5
Acacia aulacocarpa	11
Acacia auriculiformis	18
Acacia bakeri	21
Acacia bancroftiorum	11
Acacia bidwillii	12
Acacia buxifolia subsp. buxifolia	7
Acacia cincinnata	18
Acacia complanata	7
Acacia conferta	8
Acacia crassa	9
Acacia crassicarpa	18
Acacia deanei subsp. deanei	6
Acacia decora	9
Acacia excelsa	14
Acacia falciformis	8
Acacia fasciculifera	12
Acacia fimbriata	7
Acacia flavescens	6
Acacia floribunda	7
Acacia glaucocarpa	14
Acacia harpophylla	12
Acacia holosericea	10
Acacia hubbardiana	14
Acacia irrorata subsp. irrorata	9
Acacia ixiophylla	11
Acacia julifera	14
Acacia leiocalyx	9
Acacia leptocarpa	9
Acacia leptoloba	9
Acacia macradenia	8
Acacia mangium found north of latitude 15º south	21
Acacia mangium found south of latitude 15º south	19
Acacia melanoxylon	10
Acacia nuperrima subsp. cassitera	21
Acacia oshanesii	12
Acacia pendula	12
Acacia penninervis	7
Acacia platycarpa	14
Acacia podalyriifolia	5
Acacia salicina	12
Acacia semilunata	9
Acacia semirigida	9
Acacia simsii	9
Acacia sophorae	5
Acacia spectabilis	6
Acacia stenophylla	13
Acacia suaveolens	9
Acacia spp. other than a species already mentioned in this schedule	12
Acmena spp.	4
Agathis atropurpurea	31
Agathis robusta	17
Albizia spp.	5
Allocasuarina inophloia	14
Allocasuarina littoralis	7
Allocasuarina luehmannii	12
Allocasuarina torulosa	11
Alloxylon spp.	21
Alphitonia excelsa	11
Alphitonia petriei	11
Alstonia scholaris	14
Angophora leiocarpa	14
Angophora spp. other than Angophora leiocarpa	18
Araucaria bidwillii	1
Araucaria cunninghamii var. cunninghamii	4
Argyrodendron spp.	9
Asteromyrtus symphyocarpa	21
Athertonia diversifolia	4
Auranticarpa rhombifolia	14
Auranticarpa spp. other than Auranticarpa rhombifolia	12
Baeckea spp.	18
Banksia spp.	18
Blepharocarya involucrigera	21
Bowenia serrulata	3
Bowenia spectabilis	6
Brachychiton spp.	6
Buckinghamia celsissima	18
Callistemon montanus	9
Callistemon pachyphyllus	12
Callistemon rigidus	10
Callistemon salignus	9
Callistemon sieberi	10
Callistemon viminalis	11
Callistemon spp. other than a species already mentioned in this schedule	12
Callitris columellaris	16
Callitris macleayana	18
Callitris rhomboidea	11
Callitris spp. other than a species already mentioned in this schedule	16
Cardwellia sublimis	9
Cassia spp.	6
Castanospermum australe	1
Casuarina cristata	14
Casuarina cunninghamiana	9
Casuarina equisetifolia	12
Casuarina glauca	10
Corymbia abergiana	18
Corymbia citriodora	18
Corymbia gummifera	14
Corymbia henryi	18
Corymbia intermedia	14
Corymbia papuana	19
Corymbia peltata	12
Corymbia polycarpa	14
Corymbia setosa	19
Corymbia tessellaris	19
Corymbia torelliana	21
Corymbia trachyphloia	14
Corymbia spp. other than a species already mentioned in this schedule	14
Cupaniopsis spp.	5
Cycas media subsp. banksii	1
Cycas media subsp. media	1
Cycas spp. other than a species already mentioned in this schedule	3
Darlingia darlingiana	14
Darlingia ferruginea	14
Dysoxylum spp.	4
Elaeocarpus grandis	3
Erythrina vespertilio	6
Erythrophleum chlorostachys	9
Eucalyptus acmenoides	12
Eucalyptus andrewsii	12
Eucalyptus baileyana	14
Eucalyptus bakeri	14
Eucalyptus bancroftii	14
Eucalyptus caleyi subsp. caleyi	13
Eucalyptus camaldulensis found north of latitude 18º south	13
Eucalyptus camaldulensis found south of latitude 18º south	7
Eucalyptus cambageana	12
Eucalyptus carnea	12
Eucalyptus cloeziana	7
Eucalyptus conica	14
Eucalyptus crebra	13
Eucalyptus deanei	12
Eucalyptus decorticans	17
Eucalyptus drepanophylla	12
Eucalyptus eugenioides	12
Eucalyptus exserta	12
Eucalyptus fibrosa	13
Eucalyptus grandis found north of latitude 20º south	18
Eucalyptus grandis found south of latitude 20º south	11
Eucalyptus intertexta	19
Eucalyptus laevopinea	10
Eucalyptus leptophleba	12
Eucalyptus major	9
Eucalyptus melanophloia	13
Eucalyptus melliodora	11
Eucalyptus microcarpa	11
Eucalyptus microcorys	9
Eucalyptus microtheca	9
Eucalyptus miniata	21
Eucalyptus moluccana	12
Eucalyptus normantonensis	12
Eucalyptus nova-anglica	16
Eucalyptus ochrophloia	18
Eucalyptus orgadophila	12
Eucalyptus pellita	18
Eucalyptus phoenicea	21
Eucalyptus pilligaensis	12
Eucalyptus pilularis	6
Eucalyptus planchoniana	11
Eucalyptus platyphylla	12
Eucalyptus populnea	18
Eucalyptus propinqua	9
Eucalyptus pruinosa	18
Eucalyptus quadrangulata	14
Eucalyptus racemosa subsp. racemosa	9
Eucalyptus resinifera	13
Eucalyptus robusta	7
Eucalyptus saligna	11
Eucalyptus shirleyi	14
Eucalyptus siderophloia	12
Eucalyptus sideroxylon	12
Eucalyptus staigeriana	18
Eucalyptus tenuipes	12
Eucalyptus tereticornis found north of latitude 18º south	13
Eucalyptus tereticornis found south of latitude 18º south	10
Eucalyptus thozetiana	19
Eucalyptus youmanii	14
Eucalyptus spp. other than a species already mentioned in this schedule	14
Euodia spp.	6
Ficus spp.	12
Flindersia spp.	17
Gmelina spp.	7
Grevillea banksii	14
Grevillea glauca	19
Grevillea longistyla	19
Grevillea parallela	19
Grevillea pteridifolia	19
Grevillea robusta	21
Grevillea whiteana	19
Grevillea spp. other than a species already mentioned in this schedule	19
Hakea spp.	21
Hardenbergia violacea	12
Harpullia spp.	6
Hovea spp.	14
Hymenosporum flavum	16
Jagera pseudorhus	5
Kunzea spp.	14
Lepidozamia hopei	4
Leptospermum liversidgei	6
Leptospermum petersonii	7
Leptospermum polygalifolium	5
Leptospermum spp. other than a species already mentioned in this schedule	9
Lophostemon confertus	6
Lophostemon suaveolens	7
Lysiphyllum spp.	6
Macrozamia lucida	2
Macrozamia moorei	1
Macrozamia spp. other than a species already mentioned in this schedule	2
Melaleuca argentea	16
Melaleuca bracteata	12
Melaleuca cajuputi subsp. platyphylla	18
Melaleuca dealbata	16
Melaleuca decora	13
Melaleuca lanceolata	9
Melaleuca leucadendra	13
Melaleuca linariifolia	12
Melaleuca minutifolia	18
Melaleuca nervosa	16
Melaleuca nodosa	14
Melaleuca quinquenervia	12
Melaleuca sieberi	14
Melaleuca stenostachya	13
Melaleuca styphelioides	12
Melaleuca thymifolia	16
Melaleuca viridiflora	18
Melaleuca spp. other than a species already mentioned in this schedule	12
Melia azedarach	3
Myristica insipida	3
Pittosporum spp. other than Pittosporum undulatum	12
Pittosporum undulatum	7
Placospermum coriaceum	14
Pleiogynium timorense	2
Podocarpus elatus	3
Podocarpus grayae	3
Podocarpus smithii	21
Pultenaea spp.	21
Rhodosphaera rhodanthema	5
Schefflera actinophylla	5
Stenocarpus spp.	14
Sundacarpus amarus	3
Syncarpia glomulifera subsp. glomulifera	5
Syncarpia hillii	6
Syzygium spp.	4
Toona ciliata	16
Tristaniopsis spp.	9
Xanthorrhoea spp.	12
Xanthostemon spp.	19

Part 2    Categories of least concern plants for fees payable for foliage, flowers or inflorescences

Least concern plant (scientific name)	Category
Babingtonia spp.	A
Baeckea frutescens	A
Baloskion pallens	B
Baloskion tetraphyllum	B
Banksia spp.	A
Calochlaena dubia	C
Caustis blakei	B
Caustis flexuosa	B
Caustis recurvata	B
Dicranopteris linearis	C
Gahnia sieberiana	B
Gleichenia dicarpa	C
Hakea actites	A
Lepidozamia peroffskyana	A
Leptospermum petersonii	A
Leptospermum polygalifolium	A
Lomandra longifolia	B
Persoonia virgata	A
Petrophile canescens	A
Petrophile shirleyae	A
Pteridium esculentum	C
Sticherus spp.	C
Strangea linearis	A
Xanthorrhoea spp.	A

Schedule 8 Dictionary

section 11

Aboriginal land protected area see section 72.

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 see section 12(3).

additional conditions notice, for an e-permit camping area, see section 71AQ(3).

additional daily fee, in relation to a commercial activity permit, means the fee mentioned in schedule 7A, item 10(d).

affected person ...

aircraft ...

apiary area means an area prescribed as an apiary area under section 18AA.

apiary site see section 31A(2).

approved form ...

area closed to the public means a protected area or a part of a protected area declared to be closed to the public under section 88.

associate, of a person whose suitability to hold a protected area authority is being considered, see section 71AE.

associated facilities, for a canopy walkway in a national park, 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.

Example of tourism services—

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

at, the entrance to a protected area, includes in or near the entrance to the area.

authorisation, in relation to a commercial activity agreement, means—

(a)the authority to conduct a commercial activity under the agreement; and

(b)the obligations under the agreement for, and the conditions relating to, the conduct of the activity.

beekeeping means taking, using, keeping or interfering with a cultural or natural resource for beekeeping.

buyer see section 71DQ(1).

camp includes each of the following—

(a)to pitch, place or erect a tent, caravan or another structure that may be used for camping for the purpose of staying overnight by using the tent, caravan or structure;

(b)to place other equipment that may be used for camping or a vehicle in position for the purpose of staying overnight by using the equipment or vehicle;

(c)to keep a tent, caravan or another structure or other equipment that may be used for camping in position overnight, whether or not the tent, caravan, structure or equipment is unattended;

(d)to stay overnight, other than—

(i)in a place that is the subject of a relevant arrangement; or

(ii)as part of an activity that—

(A)does not involve the use of any camping equipment; and

(B)is generally not considered to be camping.

camping fee means the fee stated in schedule 7A for camping in a protected area.

camping fee container see section 71AT(3).

camping fee envelope see section 71AT(5)(b).

camping forms see section 71AT(3).

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

camping tag means—

(a)generally—a label or tag made available by the chief executive for a person to complete and display at the person’s camp site; or

(b)in relation to a camping permit that is granted—a label or tag mentioned in paragraph (a) that has been completed by the holder of 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.

character, of an area, see section 12A.

claim period ...

commercial activity—

1

A commercial activity is an activity conducted for gain.

Examples of activities conducted for gain—

•the hire or sale of goods or services

•commercial photography

•a guided tour, safari, scenic flight, cruise or excursion

•advertising or promoting the use of a protected area as part of a tour, safari, scenic flight, cruise or excursion

•advertising or promoting the use of a protected area as a feature associated with a resort or tourist facility on land adjoining the area

2

A commercial activity does not include—

(a)an exempt activity; or

(b)an exempt media activity; or

(c)filming or photography that—

(i)involves no more than 10 persons; and

(ii)does not involve the erection, construction or use of a prescribed structure.

commercial activity agreement see section 71CO(1).

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

controlling activity see section 48.

corporation see the Corporations Act, section 57A.

dangerous seized thing ...

demerit point means a demerit point accumulated under section 71AI.

deposit includes drop, leave, place and throw.

dingo means an animal of the species Canis familiaris (dingo).

e-camping permit, for an e-permit camping area, means a camping permit taken to have been granted under section 71AR for the area.

ecotourism, for schedule 3, part 2, see section 17(4) of the Act.

electricity distribution use 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.

entrance, to a protected area, means the part of the area—

(a)developed by the chief executive for use as a vehicular or walking entrance to the area; and

(b)commonly used by people to drive, ride or walk into the area.

e-permit camping area means a protected area stated to be an e-permit camping area by an e-permit camping notice.

e-permit camping notice see section 71AQ(1).

estuarine crocodile means an animal of the species Crocodylus porosus.

exempt activity means an activity for which the chief executive is reasonably satisfied the use of a protected area is incidental to, and not integral to, the conducting of the activity.

Examples of exempt activities—

•a scheduled commercial flight over a protected area that is not part of a tour or scenic flight over the area

•a scheduled bus service through a protected area that is not a part of a tour or safari in the area

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

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

exempt media activity means an activity that is—

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

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

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

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

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

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

existing permit see section 71CA(1).

fee exemption application see section 159AU(1).

information notice ...

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.

interested group, in relation to a protected area, means a community or group of—

(a)Aboriginal people particularly concerned with land within the protected area; or

(b)Torres Strait Islanders particularly concerned with land within the protected area.

internal review ...

internal review decision ...

joint marine park authority means a document that includes more than 1 of the following—

(a)a commercial activity permit;

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

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

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

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

large stock means alpacas, buffaloes, camels, cattle, deer, donkeys, horses or llamas.

litter includes broken glass.

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

management instrument means—

(a)a conservation plan; or

(b)a management plan; or

(c)a conservation agreement; or

(d)a management statement.

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

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

marine park Act means—

(a)the Marine Parks Act 2004; or

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

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

Maritime Safety Queensland means Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002, section 7.

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

month means a period—

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

(b)ending—

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

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

motor vehicle—

1

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

2

Motor vehicle does not include an aircraft, a bicycle, a hovercraft or a motorised mobility device within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4.

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 the Act.

new permit, for the holder of an existing permit who has made a renewal request, for chapter 4A, part 7, see section 71BZ.

notice means written notice.

organised event—

1

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

(a)the location of the part;

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

(c)the type of activity;

(d)the timing of the activity;

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

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

Examples of an activity that may be an organised event—

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

2

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

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

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

(c)under an authority (however called) under the Act, other than an organised event permit.

original decision ...

other party, to a commercial activity agreement, see section 71DK(1).

owner ...

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

prescribed commercial activity means a commercial activity declared to be a prescribed commercial activity under section 84.

prescribed national park means a national park, or national park (Cape York Peninsula Aboriginal land), mentioned in schedule 6, column 1.

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

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

(b)does not include—

(i)a camera or camera accessories; or

(ii)a tripod; or

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

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

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

protected area authority see section 12(1).

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.

public notice means a notice published in—

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

(b)a newspaper circulating throughout the State.

QCAT information notice ...

quarry material does not include—

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

(b)bush rock; or

(c)guano.

Queensland Transport means the department in which the Transport Operations (Marine Safety) Act 1994 is administered.

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

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

recreational craft ...

regulatory information notice see section 76(2).

regulatory notice see section 73(2).

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

relevant arrangement means—

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

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

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

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

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

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

relevant day, for a person, see section 71AE.

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.

relevant person, for the holder of a protected area authority, see section 12B.

relevant protected area ...

renewal request see section 71CA(1).

resources permit see section 12(2).

restricted access area means an area declared to be a restricted access area under section 78.

restrictive act means—

(a)for an organised event permit or commercial activity permit—an amendment, suspension or cancellation of the permit; or

(b)for a commercial activity agreement—an amendment or cancellation of the agreement or suspension of the authorisation under it.

scientific purpose includes an archaeological, anthropological or sociological purpose.

seized thing ...

seizure notice ...

self-registered camping permit, for a self-registration camping area, means a camping permit taken to have been granted under section 71AU for the area.

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

self-registration camping notice see section 71AT(1).

seller see section 71DQ(1).

small stock means goats, ostriches, peafowl or sheep.

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 special activity notice erected or displayed under section 85; 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.

stock ...

substantially the same, in relation to activities, see section 71CD.

term, of a protected area authority, see section 71BB.

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.

year means a period of 12 months—

(a)starting at the beginning of any day of a 12- month period; and

(b)ending—

(i)immediately before the beginning of the corresponding day of the following 12-month period; or

(ii)if the year started on 29 February of a year—at the end of 28 February of the following 12-month period.