Nature Conservation (Protected Areas Management) Regulation 2024 (Qld)

Nature Conservation (Protected Areas Management) Regulation 2024

Chapter 1    Introduction

Part 1    Preliminary

1   Short title

This regulation may be cited as the Nature Conservation (Protected Areas Management) Regulation 2024.

2   Commencement

This regulation commences on 22 September 2024.

Part 2    Interpretation

Division 1 Definitions and key concepts

3   Dictionary

The dictionary in schedule 10 defines particular words used in this regulation.

4   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 the person is likely to experience social interaction with other people in the area, having regard to the normal amount of social interaction that would be reasonably expected in the area;

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

5   Meaning of commercial activity

(1)An activity is a commercial activity in relation to a protected area if—

(a)the activity is conducted for gain in, over or adjacent to the area; or

(b)the activity is advertising or promoting the use of the area for gain.

Examples—

1the hire or sale of goods or services in a protected area

2a guided tour, scenic flight or cruise in, over or adjacent to a protected area

3commercial photography of a protected area

4advertising a protected area to promote a tour, scenic flight, tourist facility or resort

(2)However, a commercial activity does not include—

(a)an activity for which the use of a protected area is incidental to, and not integral to, the conducting of the activity; or

Examples for paragraph (a)—

1a scheduled bus service through a protected area that is not a part of a tour

2a trade service provided in a protected area for the chief executive or a person authorised to use the area

3a vehicle towing or repair service provided in a protected area for a visitor to the area

(b)an exempt media activity.

(3)In this section—

exempt media activity means either of the following activities—

(a)filming or photography—

(i)that involves no more than 10 persons; and

(ii)that does not involve the construction or use of a prescribed structure;

(b)filming or photography in relation to an event—

(i)that is conducted when, or as soon as practicable after, the event happens; and

(ii)that is conducted for publishing a report of the event—

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

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

(iii)that is a type of filming or photography the chief executive has stated is an exempt media activity on the department’s website.

6   Meaning of organised event

(1)An organised event is an event involving activities, other than commercial activities—

(a)that includes the organised use of a protected area or part of a protected area; and

(b)that is likely—

(i)to have a detrimental impact on the area or part; or

(ii)to affect the use of the area or part by other people.

Examples of events that may be organised events—

a showcase of historical vehicles, a trail run, training exercises conducted by the Australian Defence Force

(2)For considering the impact or effect of an event mentioned in subsection (1) under this regulation, regard must be had to the following matters—

(a)the location of the protected area or part;

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

(c)the type of event;

(d)the timing of the event;

(e)any likely disturbance to the area or part as a result of conducting the event;

(f)the extent to which conducting the event may restrict access to the area or part by the general public.

(3)However, an organised event does not include an event involving activities 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 Islander peoples under Ailan Kastom in a protected area with which the community or group has a traditional, customary or historical link under Ailan Kastom.

7   Meaning of protected area authority

(1)A protected area authority means any of the following permits for a protected area—

(a)a resources permit;

(b)an apiary permit;

(c)a permit that is an activity permit under subsection (3).

(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.

8   Meaning of relevant person

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

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

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

9   Recreational craft—Act, schedule

For the schedule of the Act, definition recreational craft, paragraph (c), a land yacht is prescribed to be a recreational craft.

Division 2 Other interpretive provisions

10   References to wildlife

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

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

(b)if the wildlife is a plant—the species or 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.

11   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.

12   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).

Part 3    Application of regulation

13   Application to particular areas, animals and plants

(1)This regulation applies to all protected areas except to the extent a provision of this regulation states that it does or does not apply to a particular class of protected area.

(2)However, this regulation does not apply to a private coordinated conservation area except to the extent a provision of this regulation states that it does apply to the area.

(3)This regulation does not apply to an animal or plant that is not in a protected area.

Note—

See the Nature Conservation (Animals) Regulation 2020 and the Nature Conservation (Plants) Regulation 2020 in relation to animals and plants in other areas.

14   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)an activity that is 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.

Chapter 2    Management of protected areas

Part 1    Trustees of conservation parks or resources reserves

15   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 conservation 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).

16   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)A power that may be exercised by the joint trustees of a resources reserve must be exercised by them acting jointly.

(7)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.

17   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 15; and

(b)a resources reserve placed under the management of the trustee of the reserve under section 16.

(2)If a trustee of the park or reserve charges a fee in relation to managing 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

18   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 schedule 3, part 1, column 1 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 schedule 3, part 2, column 1 if the use is only for an ecotourism facility.

(2)A reference to a drawing, map or plan in schedule 3 is a reference to the drawing, map or plan held by, and available for inspection from, the department.

19   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 opposite the use in schedule 4, column 1.

(2)A reference to a map or plan in schedule 4 is a reference to the map or plan held by, and available for inspection from, the department.

Part 3    Notices and declarations

Division 1 Regulatory notices

Subdivision 1 Notices generally

20   Regulatory notices

(1)The chief executive may, by displaying a notice, regulate or prohibit an activity in a protected area or part of a protected area if the chief executive considers the regulation or prohibition necessary or desirable—

(a)to reduce risks to public health and safety; or

(b)to conserve or protect the cultural or natural resources of the area or native wildlife; or

(c)to protect the character or amenity of the area or part; or

(d)to ensure the orderly or proper management of the area.

(2)Also, the chief executive may, by displaying a notice, regulate or prohibit an activity in a protected area or part of a protected area if another provision of this regulation provides for the activity to be regulated or prohibited by a regulatory notice.

(3)A notice displayed under subsection (1) or (2) is a regulatory notice.

(4)This section—

(a)does not apply in relation to a special wildlife reserve or nature refuge; and

(b)is subject to any other requirements of this division.

Note—

See sections 24 and 25 for consultation requirements the chief executive must comply with before displaying a regulatory notice in particular protected areas.

21   Requirements for regulatory notices

(1)The chief executive must display a regulatory notice near the entrance to the protected area or part of the protected area to which the notice applies.

(2)The notice must—

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

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

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

(3)Subject to section 22, the notice must expressly state that a contravention of a requirement of the regulatory notice is an offence against the Act and the maximum penalty for the offence.

22   Regulatory information notice

(1)This section applies if it is not practicable for the chief executive to display a regulatory notice expressly stating a contravention warning for a requirement of the notice near a particular part of a protected area to which the notice applies.

(2)The chief executive must display, near the entrance to the protected area, another notice (a regulatory information notice) expressly stating the contravention warning.

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

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

(5)In this section—

contravention warning, for a requirement of a regulatory notice, means a statement—

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

(b)the penalty for the offence.

23   Display of regulatory notice or regulatory information notice is evidence of particular matters

Evidence that a notice was displayed in the form of a regulatory notice or regulatory information notice near the entrance to a protected area or part of a protected area is evidence the notice was so displayed with the authority of the chief executive.

Subdivision 2 Particular regulatory notices

24   Aboriginal land protected areas

(1)This section applies if the chief executive proposes to display a regulatory notice in relation to an Aboriginal land protected area, other than a regulatory notice for an activity mentioned in section 20(1)(a).

(2)The chief executive must comply with any consultation requirement under the Indigenous management agreement for the area.

(3)In this section—

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

(a)give the Indigenous landholder for the area a notice about the proposed display of a regulatory notice;

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

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

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

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

25   Particular protected areas to which Indigenous land use agreements apply

(1)This section applies if—

(a)the chief executive proposes to display a regulatory notice in relation to a protected area in the Cape York Peninsula Region, other than—

(i)a regulatory notice in relation to an Aboriginal land protected area; or

(ii)a regulatory notice for an activity mentioned in section 20(1)(a); and

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

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

(2)The chief executive must comply with any consultation requirement under the Indigenous land use agreement.

(3)In this section—

consultation requirement, under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following—

(a)give a person a notice about the proposed display of a regulatory notice;

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

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

(d)seek the person’s consent for the display of the notice;

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

26   Permitted dog-walking in conservation parks and resources reserves

(1)The chief executive may display a regulatory notice near the entrance to a conservation park or resources reserve stating that dog-walking is permitted in the park or reserve.

(2)However, the chief executive may display the notice only if the chief executive is satisfied—

(a)the area of the conservation park or resources reserve was widely used for dog-walking before the initial dedication of the area under the Act; and

(b)that allowing dogs into the conservation park or resources reserve will not result in—

(i)any damage to a cultural resource of the park or reserve; or

(ii)a significant adverse effect on a natural resource of the park or reserve.

(3)In this section—

initial dedication, of an area, means the initial dedication of the area as any 1 of the following—

(a)a conservation park;

(b)a resources reserve;

(c)a regional park within the meaning of the Act as in force immediately before 1 July 2016.

Division 2 Camping notices

27   Camping areas

(1)This section applies in relation to a protected area or part of a protected area, other than a special wildlife reserve or nature refuge.

(2)The chief executive may display a notice (a camping notice) stating the protected area or part is a camping area.

(3)The camping notice must be displayed near the entrance to the protected area or part and state the following—

(a)the period during which camping is permitted in the camping area, if applicable;

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

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

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

(4)The chief executive may also display another notice near the camping notice stating conditions applying to a person camping in the camping area that are additional to the conditions stated in the camping notice.

(5)A notice under subsection (4) is an additional conditions notice.

Division 3 Declarations

Subdivision 1 Declaration of restricted access area

28   Declaration of restricted access area

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

(2)A notice under subsection (1) is a restricted access area notice.

(3)The restricted access area notice may prohibit any access to the restricted access area or restrict access to the area in a particular way.

Example of restricting access—

prohibiting access to a restricted access area for part of the year while birds are nesting in the area

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

(a)only for a reason mentioned in section 29; and

(b)if section 30 applies—only after the consultation process mentioned in section 30 is completed; and

(c)if section 31 or 32 (each a declaration consultation provision) applies—only if the chief executive complies with any consultation requirement mentioned in the relevant declaration consultation provision.

(5)The restricted access area notice must—

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

(b)identify the limits of the restricted access area; and

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

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

(6)Also, when the restricted access area notice is displayed, the chief executive may publish on the department’s website information from the notice about how access to the restricted access area is restricted or prohibited.

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

29   Reasons for declaring restricted access area

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

(a)to ensure the health or safety of a person or protect a person’s property; or

(b)to minimise risk to, or safeguard the health of, a person because of a fire or natural disaster; or

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

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

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

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

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

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

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

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

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

(2)In this section—

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

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

30   Consultation with stakeholders about declarations

(1)This section applies if the nature or extent of activities being conducted, or to be conducted, under an organised event permit, commercial activity permit or commercial activity agreement would be significantly affected by the making of a declaration under section 28.

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

(a)to ensure the health or safety of a person or protect a person’s property; or

(b)to minimise risk to, or safeguard the health of, a person because of a fire or natural disaster; or

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

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

(a)consideration is being given to the making of a declaration under section 28;

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

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

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

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

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

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

31   Declarations for Aboriginal land protected areas

(1)This section applies if the chief executive proposes to declare an Aboriginal land protected area or part of an Aboriginal land protected area to be a restricted access area under section 28(1).

(2)The chief executive must comply with any consultation requirement under the Indigenous management agreement for the protected area.

(3)In this section—

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

(a)give the Indigenous landholder for the area a notice about a proposed declaration under section 28(1);

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

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

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

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

32   Declarations for particular protected areas to which Indigenous land use agreements apply

(1)This section applies if—

(a)the chief executive proposes to declare a protected area or part of a protected area, other than an Aboriginal land protected area, to be a restricted access area under section 28(1); and

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

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

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

(2)The chief executive must comply with any consultation requirement under the Indigenous land use agreement.

(3)In this section—

consultation requirement, under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following—

(a)give a person a notice about a proposed declaration under section 28(1);

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

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

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

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

33   When declarations end

(1)A declaration made under section 28(1) ends on the day the chief executive removes the restricted access area notice for the area.

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

(a)publish a statement on the department’s website that the restricted access area notice has been removed; and

(b)remove from the department’s website information about how access to the area is restricted or prohibited.

Subdivision 2 Declaration of prescribed commercial activity

34   Declaration of prescribed commercial activity

(1)The chief executive may, by notice published on the department’s website, declare a commercial activity to be a prescribed commercial activity for a protected area or part of a protected area, other than a special wildlife reserve or nature refuge.

(2)The notice must state the following—

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

(b)that the chief executive may authorise a prescribed commercial activity in the area or part only under a commercial activity agreement;

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

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

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

(b)the management principles for the area;

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

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

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

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

(4)A commercial activity permit in effect for an activity that subsequently becomes a prescribed commercial activity remains in effect to authorise the activity until the permit ends or is amended by the chief executive on the ground mentioned in section 135(a).

Subdivision 3 Declaration of special activity

35   Declaration of special activity

(1)The chief executive may declare an activity of a type mentioned in subsection (3) to be a special activity for a protected area or part of a protected area by displaying a notice near the entrance to the area or part.

(2)A notice under subsection (1) is a special activity notice.

(3)Each of the following is a type of activity that may be declared—

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

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

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

Examples of activities that may be declared as special activities—

rock climbing, white water rafting

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

(a)for a protected area other than a special wildlife reserve or nature refuge; and

(b)if section 36 applies—after the consultation process mentioned in section 36 is completed.

(5)The special activity notice must—

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

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

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

(d)state that, under section 269, a person may conduct the special activity in the area or part only under—

(i)a special activity permit; or

(ii)an organised event permit, commercial activity permit or commercial activity agreement specifically authorising the activity.

(6)When the special activity notice is displayed, the chief executive may also publish on the department’s website information from the notice about activities that are special activities for the area.

36   Consultation with stakeholders about declarations

(1)This section applies if the nature or extent of activities being conducted, or to be conducted, under an organised event permit, commercial activity permit or commercial activity agreement would be significantly affected by the making of a declaration under section 35.

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

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

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

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

(a)consideration is being given to the making of a declaration under section 35;

(b)if the chief executive is also proposing a restrictive act for the permit or agreement—that consideration is being given to the proposed restrictive act;

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

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

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

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

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

Subdivision 4 Declaration of area closed to the public

37   Declaration of area closed to the public

(1)This section applies in relation to a protected area other than a special wildlife reserve or nature refuge.

(2)The chief executive may declare the protected area or a part of the protected area to be closed to the public for a period.

(3)However, the chief executive may make the declaration only if the chief executive considers the declaration is necessary—

(a)to respond to an urgent or temporary circumstance affecting public safety; or

Examples for paragraph (a)—

bush fire, rock slide, flooding, maintenance works, dangerous animals nesting

(b)to otherwise ensure public health or safety.

(4)A declaration to respond to a circumstance mentioned in subsection (3)(a) may be made by publishing the declaration on the department’s website.

(5)Otherwise, a declaration may be made only by displaying a regulatory notice near the entrance to the area or part.

Part 4    Other activities in protected areas

Division 1 Taking fish, invertebrates and mud crabs in protected areas

38   Prescribed places—Act, s 62

(1)This section prescribes parts of national parks for the Act, section 62(4)(a), (b) and (c) and section 62(7), definition prescribed place.

(2)Each part of a national park stated in schedule 5, column 2, opposite the national park stated in schedule 5, column 1, is prescribed.

39   Condition for taking particular animals in prescribed places—Act, s 62

(1)For section 62(4) of the Act, the conditions prescribed for taking a permitted animal are—

(a)the taking must comply with any regulatory notice applying to the prescribed place in which the taking happens; and

(b)if the Fisheries Act 1994 applies to the animal—the taking must be carried out in a way that complies with, or is not prohibited by, that Act.

(2)In this section—

permitted animal means an animal mentioned in section 62(4) of the Act, other than an animal not authorised to be taken under section 62(5) of the Act.

40   Prescribed invertebrates—Act, s 62

For section 62(5)(c) of the Act, each species of the genus Euastacus (freshwater spiny crays) is prescribed.

41   Authority for taking particular animals in conservation parks and resources reserves

(1)A person may take a permitted animal in a conservation park or resources reserve only as follows—

(a)the taking must comply with any regulatory notice applying to the park or reserve, or part of the park or reserve, in which the taking happens;

(b)if the Fisheries Act 1994 applies to the animal—the taking must be carried out in a way that complies with, or is not prohibited by, that Act;

(c)if the animal is a mud crab—the taking must be for a purpose other than for use as bait;

(d)if the animal is another invertebrate animal—the taking must be for use as bait to take a permitted fish.

(2)In this section—

permitted fish means a permitted animal that is a fish.

permitted animal means any of the following animals—

(a)a fish other than a fish prescribed as threatened or near threatened wildlife;

(b)a mud crab;

(c)another invertebrate animal, other than—

(i)an invertebrate animal prescribed as threatened or near threatened wildlife; or

(ii)a species of the genus Euastacus (freshwater spiny cray).

Division 2 Apiary areas and apiary permits for national parks

42   Apiary areas—Act, s 36A

(1)For section 36A(2)(a) of the Act, an area stated in schedule 6, column 2, within the national park stated opposite the area in schedule 6, column 1, is prescribed as an apiary area for the national park.

(2)A reference in schedule 6 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, as shown on a map or plan held by, and available for inspection from, the department.

43   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 6, column 3 opposite the apiary area.

Division 3 Mustering stock

44   Conducting general muster

(1)This section applies in relation to a protected area other than a special wildlife reserve or nature refuge.

(2)The chief executive may conduct a general muster of stock on the protected area if the chief executive—

(a)reasonably believes it is necessary for the management of the area; and

(b)gives each relevant landholder for the area a notice stating the chief executive intends to conduct the muster on a stated day.

(3)The notice must be given at least 5 business days before the stated day.

(4)A relevant landholder for the protected area may be present at and take part in the muster.

(5)The chief executive may ask the person the chief executive reasonably believes is the owner of stock found on the protected area during the muster to remove the stock from the area.

Note—

See also section 154E of the Act.

(6)In this section—

relevant landholder, for a protected area, means a landholder of land adjoining the area.

Division 4 Queensland Herbarium

45   Taking etc. cultural or natural resources

(1)A person employed or engaged by the Queensland Herbarium may take, use, keep or interfere with a natural resource of a protected area if—

(a)the taking, use, keeping or interfering is for performing a function for which the Queensland Herbarium is established; and

(b)the person notifies the chief executive in the approved form at least 7 days before taking, using, keeping or interfering with the natural resource.

(2)In this section—

Queensland Herbarium means the part of the department known as the ‘Queensland Herbarium’.

Chapter 3    Cultural or natural resource authorities

Part 1    Preliminary

46   Purpose of chapter

This chapter—

(a)authorises persons to take, use, keep or interfere with the 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 or apiary permits; and

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

Notes—

1See chapter 5 about other restrictions and matters the chief executive must consider when deciding applications for all protected area authorities.

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

Part 2    General provisions

Division 1 Grant

47   Grant of permits or authorities

The chief executive may grant a resources permit or an apiary permit for a protected area after considering the matters provided for under this chapter and chapter 5.

Division 2 Restrictions on grant for particular protected areas

48   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 any consultation requirement 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.

49   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 any consultation requirement under the Indigenous land use agreement.

(3)In this section—

consultation requirement, under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following 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 3    Resources permits

Division 1 Restrictions on grant of resources permits

Subdivision 1 Restrictions for all resources permits

50   Restriction on grant about insurance

(1)The chief executive may grant a resources 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.

51   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.

Subdivision 2 Restrictions for resources permit for plant parts

52   Definition for subdivision

In this subdivision—

permitted plant part means the following parts of a plant—

(a)a seed or other propagative material;

(b)foliage, a flower or an inflorescence.

53   Restriction on grant for plant parts

(1)The chief executive may grant a resources permit authorising the taking of a plant only—

(a)for a permitted plant part from a least concern plant from—

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

(ii)a conservation park; or

(iii)a resources reserve; or

(iv)a nature refuge; or

(b)if the permit is for conservation purposes—for a seed or other propagative material from any plant for a protected area, other than a national park (scientific); or

(c)if the permit is for scientific purposes—for a permitted plant part from any plant for a protected area, other than a national park (scientific).

Note—

See also subdivision 3 and 5 for additional restrictions in relation to conservation and scientific purposes.

(2)The chief executive may grant under subsection (1)(a)(i) only if the taking is a prescribed activity allowed in the special management area (controlled action) under section 42A of the Act.

(3)The chief executive may grant under subsection (1)(b) or (c) only if the chief executive is satisfied the proposed taking, use, keeping or interfering with the permitted plant is likely to result in a gain for conservation of the species of plant for which the permit is to be granted.

Subdivision 3 Restrictions for resources permit for conservation purposes

54   General restriction on grant of permit

The chief executive may grant a resources permit for conservation 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.

55   Restriction about purposes for which permit may be granted

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

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

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

56   Restriction about persons to whom permit may be granted

(1)The chief executive must not grant a resources permit for conservation purposes to an individual.

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

(a)the corporation has an established reputation in a relevant field of conservation research; and

(b)the person who will be supervising the taking, using, keeping or interference under the permit has demonstrated experience or knowledge in a relevant field of conservation research; and

(c)the taking, using, keeping or interference to be conducted under the permit is not for commercial gain by the corporation.

Subdivision 4 Restrictions for resources permit for educational purposes

57   General restriction on grant of permit

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.

58   Restriction about purposes for which permit may be granted

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 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 part of the protected area for which the permit is to be granted.

59   Restriction about persons to whom permit may be granted

(1)The chief executive may grant a resources permit for educational purposes for a cultural or natural resource of a protected area 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.

Subdivision 5 Restrictions for resources permit for scientific purposes

60   General restriction on grant of permit

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.

61   Restriction about purposes for which permit may be granted

The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource of a protected area 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 part of the protected area for which the permit is to be granted.

62   Restriction about persons to whom permit may be granted

(1)The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource of a protected area to an individual only if the chief executive—

(a)is satisfied—

(i)the individual is associated with a separate 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 for a cultural or natural resource of a protected area 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.

Subdivision 6 Restrictions for special wildlife reserves and nature refuges

63   Restrictions on grant

(1)The chief executive may grant a resources permit for a special wildlife reserve only if the permit is granted for a conservation, educational or scientific purpose for a cultural or natural resource of the reserve.

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

Division 2 Activities authorised by resources permits

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

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 in the permit of the stated protected area or part of a protected area.

65   Access to particular areas authorised by resources permits

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

(2)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.

Division 3 Conditions of particular resources permit

66   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 is a debt due to the State.

(5)In this section—

government entity see the Public Sector Act 2022, section 276.

Part 4    Apiary permits

Division 1 Additional restrictions on grant of apiary permit

67   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 4, division 2, in relation to apiary permits for national parks.

68   Restrictions about apiary sites for grant of permit

(1)The chief executive may grant an apiary permit for an apiary area, conservation park or resources reserve only if—

(a)the permit relates to a site in the area, park or reserve 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.

69   Restriction about number of beehives

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

70   Restriction on grant about insurance

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

(2)However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.

Division 2 Activities authorised by apiary permit

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

An apiary permit is a permit that 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 part of a protected area stated in the permit only for the purpose of operating an apiary.

72   Access to particular areas authorised by apiary permits

(1)If an apiary permit specifically states entry into a stated restricted access area is authorised, the holder of the permit, or a relevant person for the holder, is authorised to enter and remain in the restricted access area.

(2)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 5    Permission for controlling activities

73   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)However, if the protected area is a special wildlife reserve or nature refuge, the chief executive may give the permission only with the consent of the landholder of the land in the reserve or refuge.

(3)The permission must state—

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

(b)the conditions of the permission.

(4)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.

(5)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 in the permission, for conducting the controlling activity stated in the permission.

Chapter 4    Activity permits

Part 1    General provisions

Division 1 Preliminary

74   Purpose of chapter

This chapter—

(a)authorises persons to conduct particular activities for accessing or using 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 particular commercial activity and organised event permits.

Note—

See chapter 5 about other restrictions and matters the chief executive must consider when deciding applications for all protected area authorities.

Division 2 Grant

75   Grant of permits

The chief executive may grant an activity permit for a protected area after considering the matters provided for under this chapter and chapter 5.

Division 3 Restrictions on grant

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

The chief executive may 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.

Note—

See also section 137 of the Actin relation to similar restrictions on issuing or giving a licence, permit or authority to take, use, keep or interfere with cultural or natural resource of a protected area.

77   Restriction on grant about insurance

(1)This section applies in relation 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 under the activity permit, including whether insurance is commonly available for the activities.

78   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.

79   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 a restricted access area permit only with the consent of the landholder of the land in the nature refuge.

Division 4 Activities authorised

80   Access to restricted area authorised under particular permits

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

(2)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.

81   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

82   Activities authorised by camping permit

A camping permit is a permit that authorises the holder of the permit, together with the number of persons stated in the permit, to camp in the protected area or camping area for the period stated in the permit.

Part 3    Stock-related permits

Division 1 Stock grazing permits

83   Restrictions on grant of stock grazing permit

(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.

84   Activities authorised by stock grazing permit

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

85   Condition of stock grazing permit

The holder of a stock grazing permit must pay the permit fee payable under chapter 8 for the permit on each anniversary of the first day of the term of the permit.

Division 2 Stock mustering permits

86   Activities authorised by stock mustering permit

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

87   Conditions of stock mustering permit

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

(a)stated in 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.

Division 3 Travelling stock permits

88   Restrictions on grant of travelling stock permit

The chief executive may not grant a travelling stock permit for a national park (scientific) or nature refuge.

Note—

See also section 78 about granting a travelling stock permit on a special wildlife reserve.

89   Activities authorised by travelling stock permit

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

Part 4    Other activity permits

Division 1 Restricted access area permits

90   Activities authorised by restricted access area permit

A restricted access area permit is a permit that authorises the holder of the permit, or a relevant person for the holder, to enter and remain in the restricted access area stated in the permit for the purpose stated in the permit.

Example of a purpose that may be stated in the permit—

conducting scientific research

Division 2 Commercial activity permits

91   Restriction on grant for prescribed commercial activities

The chief executive must not grant a commercial activity permit for a protected area or part of a protected area if the activity to which the proposed permit relates is a prescribed commercial activity for the area or part.

Note—

See section 135(a) for amending a protected area authority when a prescribed commercial activity is declared.

92   Activities authorised by commercial activity permit

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

Division 3 Other permits

93   Activities authorised by national park (scientific) permit

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

Example of a purpose that may be stated in the permit—

entry to operate a scientific research station, entry to film a nature documentary

94   Activities authorised by permit to solicit donations or information

A permit to solicit donations or information is a permit that authorises the holder of the permit, or a relevant person for the holder, to solicit the donations or information as stated in the permit in the stated protected area or part of a protected area.

95   Activities authorised by organised event permit

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

96   Activities authorised by permit to use recreational craft

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

97   Activities authorised by special activity permit

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

Part 5    Record-keeping requirements for particular commercial activity and organised event permits

Division 1 Application

98   Application of part

This part applies in relation to the following activity permits (each a recorded activity permit)—

(a)a commercial activity permit, other than for filming or photography;

(b)an organised event permit if—

(i)camping is authorised under the permit; or

(ii)the permit allows for special access to the protected area or part of the protected area the subject of the permit for conducting an activity authorised under the permit; or

(iii)the permit provides for special supervision of an activity authorised under the permit; or

(iv)the permit allows for the protected area or part of the protected area the subject of the permit to be reserved for the purposes of an activity authorised under the permit.

Division 2 Records

99   Making and keeping records of activities

(1)The holder of a recorded activity permit must record the following information about each relevant activity conducted under the permit—

(a)a description of the activity;

(b)the sites visited or used for conducting the activity;

(c)the number of persons who took part in the activity;

(d)if the activity is a vehicle-based activity conducted under an organised event permit—the number of vehicles used for the activity;

(e)if the activity is camping—the number of persons camping under the permit.

Maximum penalty—120 penalty units.

(2)The holder must record the information mentioned in subsection (1) electronically on the day the relevant activity is conducted.

Maximum penalty—120 penalty units.

(3)The holder must make the record—

(a)in an electronic system controlled by the holder; or

(b)by using the departmental system.

Maximum penalty—120 penalty units.

(4)However, if the departmental system is not accessible on the day mentioned in subsection (2), the holder must—

(a)record the information in another form on the day; and

(b)enter the information into the system within 24 hours after the holder becomes aware the system is accessible.

100   Requirements for holder’s electronic system

(1)This section applies if the holder of a recorded activity permit makes a record under section 99 in an electronic system other than the departmental system.

(2)The holder must ensure the record is—

(a)kept on the system in a retrievable and legible form; and

(b)kept securely on the system in a way that can not be altered, obscured, deleted or removed without detection.

Example for paragraph (b)—

a record is kept in an electronic system that is accessible only by using a password

Maximum penalty—120 penalty units.

(3)The holder must ensure the record is kept on the system for at least 2 years after the holder, or a relevant person for the holder, stops carrying out activities under the recorded activity permit.

Maximum penalty—120 penalty units.

(4)If asked by a conservation officer, the holder must produce a record from the system for inspection by the officer, unless the holder has a reasonable excuse.

Maximum penalty—120 penalty units.

Division 3 Returns of operations

101   Giving returns

(1)The holder of a recorded activity permit must, by using the departmental system, give the chief executive a return of operations for the 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)Subsection (1) applies even if no activities were conducted under the recorded activity permit or the permit ended during the prescribed period.

(3)In this section—

prescribed period, for a recorded activity permit, means—

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

(b)otherwise—each quarter of a financial year starting at the beginning of the first quarter after the permit is granted.

102   Payment of activity fees for returns

(1)This section applies in relation to each return of operations given to the chief executive under section 101 by the holder of a recorded activity permit.

(2)If the holder requests an invoice for the return, the chief executive must give the holder an invoice stating—

(a)the activity fees for the return; and

(b)a period of at least 7 days after the holder is given the invoice, within which the fees must be paid in the way stated.

(3)The holder must pay the chief executive—

(a)if the holder has requested an invoice for the return—the activity fees for the return stated in the invoice within the period, and in the way, stated in the invoice; or

(b)otherwise—the activity fees for the return stated on the departmental system in the way stated on the system.

Maximum penalty—120 penalty units.

(4)In this section—

activity fees, in relation to a return of operations, means any additional daily fee and camping fee payable under the Act for the period to which the return relates.

Division 4 Other requirements for records and returns

103   Notice of incidents affecting holder’s records

(1)This section applies if—

(a)the holder of a recorded activity permit keeps a record in an electronic system other than the departmental system; and

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

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

Maximum penalty—120 penalty units.

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

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

Maximum penalty—40 penalty units.

104   Tampering with records

A person must not remove or modify an entry in a record kept under this part, unless the person has a reasonable excuse.

Example of a reasonable excuse—

a person fixes a mistake in a record

Maximum penalty—120 penalty units.

Chapter 5    Deciding and dealing with protected area authorities

Part 1    Suitability

Division 1 Preliminary

105   Purpose of part

The purpose of this part is to—

(a)prevent a protected area authority being held by a person who is not a suitable person; and

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

106   Definitions for part

In this part—

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.

Division 2 When a person is not suitable

107   Restriction on grant for suitability

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

108   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 conducted under the authority.

Examples of when chief executive may be satisfied—

1A person convicted of an offence against section 62 of the Act for 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 Act for 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 to an offence only because the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999.

109   Suitability based on demerit points etc.

A person is not a suitable person to hold a protected area authority if the person, or an associate of the person—

(a)has accumulated 10 or more demerit points under section 111 within 3 years before the relevant day; or

(b)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 111; 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 for a failure to comply with a law of the other jurisdiction relating to the authority.

110   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 conduct activities under the authority in a competent and ethical way.

(2)For subsection (1), the chief executive may have regard to—

(a)the applicant’s ability to comply with any requirements about keeping records, providing returns or paying fees that apply to the protected area authority under this regulation; and

(b)any other matter relevant to the applicant’s ability to conduct activities under the authority in a competent and ethical way.

(3)Without limiting subsections (1) and (2), the chief executive may be satisfied the person is unable to conduct activities under the protected area authority in a competent and ethical way if the person, or an associate of the person—

(a)was the holder of a protected area authority that was cancelled or suspended within 3 years before the relevant day for contravention of a condition of the authority; or

(b)was a party to a commercial activity agreement that was cancelled, or whose authorisation under the agreement was suspended, within 3 years before the relevant day for contravention of a condition of the agreement.

Division 3 Demerit points

111   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)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.

Part 2    Applications for authorities

Division 1 Automatically granting camping permits for camping areas

111A    Camping permit for camping area prescribed for automatic granting—Act, s 143B

(1)For section 143B(1)(a) of the Act, a camping permit for a camping area is prescribed as a type of relevant authority that may be automatically granted to a person by the operation of the departmental system.

Part 3    Fees for commercial activity agreements

Fee units
13	Commercial activity agreement (ss 170(b) and 176(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 amendments of authorities

Fee units
14	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 129(2)(a) and 276(1))—
(a)  for a camping permit—
(i)  for every third amendment	15.50
(ii)  for every other amendment	nil
(b)  for an amendment of another protected area authority—for each amendment	18.95

Schedule 9 Categories of plants for fees

section 276(4)

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 10 Dictionary

section 3

Aboriginal land protected area means—

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

(b)an Indigenous joint management area.

activity permit see section 7(3).

additional daily fee—

(a)in relation to a commercial activity permit—means the fee mentioned in schedule 8, part 2, item 10(d); or

(b)in relation to an organised event permit—means the fee mentioned in schedule 8, part 2, item 12(b).

apiary area means an area prescribed as an apiary area under section 42.

apiary permit see section 71.

apiary site see section 68(2).

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 37.

associate, of a person whose suitability to hold a protected area authority is being considered, see section 106.

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

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, in relation to a commercial activity agreement, see section 195(1).

camp includes each of the following—

(a)to pitch, place or erect a tent, caravan or another structure for the purpose of staying overnight;

(b)to place other equipment, or a vehicle in position, for the purpose of staying overnight;

(c)to keep a tent, caravan or another structure or other equipment that may be used for the purpose of staying 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 area means an area stated to be a camping area in a camping notice under section 27.

camping equipment means equipment or any other things used for camping.

camping fee means the fee stated in schedule 8 for camping in a protected area.

camping permit see section 82.

camping tag, for a camping permit, means—

(a)a tag giving details of the permit, provided electronically by the chief executive to the holder of the permit and printed on paper by the holder; or

(b)another piece of paper on which the holder of the permit has written details of the permit.

camp site means a location at which a person is camping or has booked for camping on the departmental system.

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 4.

commercial activity see section 5.

commercial activity agreement see section 162(1).

commercial activity permit see section 92.

communications use means 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 73.

corporation see the Corporations Act, section 57A.

demerit point means a demerit point accumulated under section 111.

departmental officer means a public service employee employed in the department.

departmental system, in relation to an action, means—

(a)if the action is automatically granting a camping permit for a camping area, prescribed for section 143B(1)(a) of the Act—the electronic system approved under section 143BA(1) of the Act by the chief executive for that purpose; or

(b)if the action is automatically amending a camping permit for a camping area, prescribed for section 143B(1)(b) of the Act—the electronic system approved under section 143BA(1) of the Act by the chief executive for that purpose; or

(c)otherwise—the electronic system approved by the chief executive, and made accessible on the department’s website, for the action.

deposit includes drop, leave, place and throw.

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

drone means a device capable of flight—

(a)that is able to be remotely piloted or programmed to autonomously fly a particular route; and

(b)that is not capable of transporting a person.

electricity distribution use means 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 or part of a protected area, means the location—

(a)developed by the chief executive for vehicular or walking access to the area or part; and

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

estuarine crocodile means an animal of the species Crocodylus porosus.

existing permit, for chapter 5, part 7, see section 154(1).

fee exemption application see section 284(1).

fee or return failure see section 142(2).

insurance cover, for activities to be conducted under a protected area authority or commercial activity agreement, means a policy of insurance that insures against a claim for damage, injury or loss to any person, and damage to property, arising from the activities.

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

(a)Aboriginal people particularly concerned with land, within the meaning of the Aboriginal Land Act 1991, section 3, in relation to the protected area; or

(b)Torres Strait Islander peoples particularly concerned with land, within the meaning of the Torres Strait Islander Land Act 1991, section 3, in relation to the protected area.

joint marine park permit means a document that includes a commercial activity permit and either or both of the following—

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

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

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 cold ash and discarded food.

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

marine navigation use means 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.

mud crab means an animal of the species Scylla serrata.

new permit, for the holder of an existing permit who has made a renewal request, for chapter 5, part 7, see section 152.

notice means written notice.

organised event see section 6.

organised event permit see section 95.

other party, to a commercial activity agreement, see section 184(1).

permitted plant part, for chapter 3, part 3, division 1, subdivision 2, see section 52.

permit to enter a national park (scientific) see section 93.

permit to solicit donations or information see section 94.

permit to use recreational craft see section 96.

person in charge, of an animal, see the Animal Care and Protection Act 2001, section 12.

prescribed commercial activity, for a protected area or part of a protected area, means a commercial activity declared to be a prescribed commercial activity under section 34 for the area or part.

prescribed structure—

(a)means a structure or equipment for facilitating filming or photography; and

(b)includes a building, drone, generator, platform, shelter, tower or vehicle for facilitating filming or photography; and

(c)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 as authorised under the Act or the Recreation Areas Management Act 2006.

private coordinated conservation area means a coordinated conservation area, or part of a coordinated conservation area, on land that is not State land.

protected area authority see section 7(1).

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.

recorded activity permit see section 98.

regulatory information notice see section 22(2).

regulatory notice see section 20(3).

related permission, for a joint marine park permit, means the part of the permit that is a marine park permission.

relevant activity, for a recorded activity permit, means—

(a)camping; or

(b)another activity stated on the permit to be an activity for which a record must be made.

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 a protected area.

relevant day, for a person, see section 106.

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 8.

renewal request see section 154(1).

resources permit see section 7(2).

restricted access area means an area declared to be a restricted access area under section 28.

restricted access area notice see section 28(2).

restricted access area permit see section 90.

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.

road see the Transport Operations (Road Use Management) Act 1995, schedule 4.

scientific purpose includes an archaeological, anthropological or sociological purpose.

seller, in relation to a commercial activity agreement, see section 195(1).

small stock means goats, ostriches, peafowl or sheep.

special access, for conducting an activity authorised under an organised event permit, means access to the protected area or part of the protected area the subject of the permit if access to the area or part would not otherwise be generally allowed.

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 displayed under section 35; or

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

special activity permit see section 97.

special supervision, of an activity authorised under an organised event permit, means supervision by a departmental officer of the conduct of the activity if the supervision is reasonably necessary to ensure public safety or protection of the environment.

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 grazing permit see section 84.

stock mustering permit see section 86.

substantially the same, in relation to activities, see section 153(1).

term, of a protected area authority, means the term stated in the authority under section 125.

travelling stock permit see section 89.

vehicle includes a bicycle.

vehicle-based activity, in relation to an organised event permit, means an activity the permit states is a vehicle-based activity because a significant component of the activity involves using a vehicle.

vehicle registration Act means—

(a)the Transport Operations (Road Use Management) Act 1995; or

(b)a law of another State or the Commonwealth that corresponds to the Transport Operations (Road Use Management) Act 1995.

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