Recreation Areas Management Act 2006 (Qld)

Recreation Areas Management Act 2006

An Act for the establishment, management and use of recreation areas, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Recreation Areas Management Act 2006.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Definitions

The dictionary in the schedule defines particular words used in this Act.

4   Purpose of Act

(1)The main purpose of this Act is—

(a)the establishment, maintenance and use of recreation areas; and

(b)to provide, coordinate, integrate and improve recreational planning, recreational facilities and recreational management for recreation areas, having regard to—

(i)the conservation, cultural, educational, production and recreational values of the areas; and

(ii)the interests of area land-holders.

(2)The purpose is to be achieved mainly by—

(a)providing for the declaration, planning and management of recreation areas, as far as practicable, in consultation with, and having regard to the views and interests of, area land-holders and other interested groups and persons, including relevant Aboriginal and Torres Strait Islander entities for the area; and

(b)recognising the rights and obligations of area land-holders; and

(c)ensuring the management of, and activities permitted in, a recreation area are not incompatible with the tenure of all land in the recreation area; and

(d)providing for access to recreation areas, including the use of recreation areas and facilities and services for recreation; and

(e)providing for the payment of fees and charges for the use of recreation areas and facilities and services for recreation; and

(f)publishing information about recreation areas and facilities and services for recreation; and

(g)enforcing compliance with this Act.

5   Act binds all persons

(1)This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)This Act does not make the Commonwealth, the State or another State liable to be prosecuted for an offence.

Part 2    Recreation areas

Division 1 Establishing recreation areas

6   Agreement for inclusion of land in recreation area

(1)Any land may be included in a recreation area.

(2)However, land other than State land can not be included in a recreation area unless the land-holder enters into a written agreement (a recreation area agreement) with the State for its inclusion.

(3)A recreation area agreement must—

(a)include any conditions of the inclusion; and

(b)be consistent with this Act; and

(c)not be incompatible with the tenure of the land and any conditions of the tenure; and

(d)in relation to land subject to an exclusive possession determination—be in the form of an indigenous land use agreement under the Native Title Act 1993 (Cwlth).

(4)In this section—

land-holder means a person who would be an area land-holder if the land were included in a recreation area.

7   Declaration of recreation area

(1)Subject to section 6, a regulation may declare an area to be a recreation area.

(2)The regulation must—

(a)describe the land included in the recreation area; and

(b)give a name to the recreation area; and

(c)state the management intent for the recreation area.

Division 2 Changing, renaming or revoking recreation areas

8   Amalgamating or dividing recreation areas

(1)A regulation may—

(a)amalgamate recreation areas and give a name to the amalgamated area; or

(b)divide a recreation area into 2 or more recreation areas and give a name to each of the areas.

(2)The regulation must also describe the land included in each resulting recreation area.

(3)A recreation area agreement for land in the area amalgamated or divided still has effect for the land to which it relates.

8A   Renaming recreation area

A regulation may change the name of a recreation area.

9   Revoking recreation areas

A regulation may revoke all or part of the declaration of a recreation area, whether or not an area land-holder asks for the revocation.

Division 3 Recreation area agreements

10   Recording particulars of agreements

(1)As soon as practicable after entering into a recreation area agreement, the chief executive must give notice of the agreement to the registrar of titles.

(2)The registrar of titles must record details of the notice in a way that a search of the relevant register will show the existence of the agreement.

11   Agreements attach to land

(1)A recreation area agreement, notice of which is recorded under section 10, attaches to the land and binds—

(a)the land-holder who entered into the agreement and the land-holder’s successors in title; and

(b)each other person who has an interest in the land.

(2)In this section—

land-holder’s successor in title, for land, includes a person who acquires title to the land whether or not the title is of a different tenure.

12   Amending or cancelling agreements

(1)All of the parties to a recreation area agreement may, by signing another agreement, amend or cancel the recreation area agreement.

(2)If the other agreement does not require land to be removed from the recreation area, the amendment has effect—

(a)if the other agreement states a day the amendment takes effect—from the day stated; or

(b)if no day is stated—from the day the other agreement is signed.

(3)If the other agreement requires land to be removed from the recreation area or cancels the recreation area agreement, the Governor in Council must, by regulation, revoke the declaration of the recreation area to the extent required by the amendment or cancellation.

(4)The amendment or cancellation has effect from the day the regulation has effect.

(5)If all or part of the land the subject of a recreation area agreement becomes State land, other than for an immediate dealing with the land under the Land Act 1994 by which the land will not remain State land, the agreement is cancelled to the extent the land becomes State land.

(6)Also, if subsection (3) does not apply and all or part of the land the subject of a recreation area agreement is removed from the recreation area under section 9, the agreement is taken to be amended or cancelled to the extent of the removal.

(7)In this section—

parties, to a recreation agreement, means—

(a)the State; and

(b)the land-holder who entered into the agreement or, if the land-holder no longer holds the title, the land-holder’s current successor in title.

13   Recording amendment or cancellation of agreement

(1)After a recreation area agreement is amended or cancelled under section 12(3), (5) or (6), the chief executive must give notice of the amendment or cancellation to the registrar of titles.

(2)The registrar of titles must—

(a)if the agreement is cancelled—remove reference to the agreement from the relevant register; or

(b)if the agreement is amended to remove its application from the whole of a lot—remove reference to the agreement in relation to the lot from the register.

Division 4 Effect of declaration on land-holders and native title rights

14   Rights and obligations of area land-holders not affected

Unless a recreation area agreement expressly states otherwise, this Act does not affect the rights and obligations of an area land-holder concerning the land-holder’s land included in the recreation area.

15   Rights and obligations of interest holders not affected

This Act does not affect the rights and obligations of a person who, in relation to land included in a recreation area, has—

(a)an interest recorded in a relevant register; or

(b)a prospecting permit or an exploration permit under the Mineral Resources Act 1989; or

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

(d)an authority of a type mentioned in the Petroleum and Gas (Production and Safety) Act 2004, section 18.

16   Native title rights and interests not affected

To remove any doubt, it is declared that the declaration of an area as a recreation area does not extinguish or affect native title or native title rights and interests in relation to land included in the area.

17   Effect of declaration of recreation area on mining interests

(1)The inclusion of land in a recreation area does not prevent a person from obtaining a mining interest over the land if the person could otherwise have obtained the interest.

(2)Also, this Act does not operate to restrict the entry of a person on land in a recreation area under the authority of a mining interest over the land.

(3)In this section—

mining interest includes—

(a)a prospecting permit or an exploration permit under the Mineral Resources Act 1989; and

(b)an authority to prospect under the Petroleum Act 1923; and

(c)an authority of a type mentioned in the Petroleum and Gas (Production and Safety) Act 2004, section 18.

Part 3    Management plans

Division 1 Preparing and approving management plans

18   Preparing draft management plan

(1)As soon as practicable after a recreation area is established, the Minister must prepare a draft management plan for the area.

(2)The draft plan may apply, adopt, or incorporate (with or without modification) the provisions of another document, whether of the same or a different kind.

(3)A provision of another document applied, adopted or incorporated is the provision as in force from time to time, unless the draft plan expressly states otherwise.

19   Notice of draft management plan

(1)The Minister must publish a notice about the draft plan on the department’s website.

(2)The notice must—

(a)state—

(i)the recreation area the draft plan relates to; and

(ii)that a copy of the draft plan and the provisions of any document applied, adopted or incorporated by the plan are available for inspection, without charge—

(A)during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and

(B)on the department’s website; and

(b)invite members of the public, including area land-holders and relevant Aboriginal and Torres Strait Islander entities for the area, to make written submissions about the draft plan to the Minister, within a stated period.

(3)The stated period must be at least 20 business days after the notice is published.

(4)Subsection (2)(b) does not apply if—

(a)the draft plan is substantially uniform or complementary with—

(i)another Act; or

(ii)a law of the Commonwealth or another State; or

(b)the draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the plan has already been made and the assessment was made for, or is relevant to, Queensland; or

(c)there has already been other public consultation about the matters, the subject of the plan, and the Minister is satisfied the public has been adequately consulted about the matters.

(5)On payment of the fee decided by the chief executive, a person may obtain a copy of the draft plan from the chief executive.

(6)The fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person.

(7)For subsection (6), if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person.

20   Content of draft management plan

(1)The draft management plan must state—

(a)the name of the recreation area; and

(b)the recreational objects to be achieved for planning, developing and managing the area.

(2)Subsection (1) does not limit the matters for which the draft plan may provide.

21   Minister to prepare final management plan

After considering each submission made under section 19(2), the Minister must, having regard to the purpose of this Act, prepare a final management plan.

22   Approval of final management plan

(1)If the final management plan has been prepared under sections 18 to 21, the Governor in Council may, by gazette notice, approve the final management plan.

(2)The gazette notice must state where a copy of the approved final management plan is available for inspection.

22A   Management plan may form part of another document

A management plan may be combined with 1 or more of the following—

(a)a management plan for another recreation area;

(b)a management plan for a marine park under the Marine Parks Act 2004;

(c)a management plan for an area dedicated or declared under the Nature Conservation Act 1992.

23   When approved management plan has effect

The approved management plan has effect on and from the later of the following days—

(a)the day the gazette notice approving the plan is published;

(b)the commencement day stated in the approved plan.

24   Effect of management plan if there is an amalgamation or division

(1)A regulation amalgamating recreation areas may state that an approved management plan for 1 of the areas included in the amalgamated area is the approved management plan for the amalgamated area and applies for all, or a stated part, of the amalgamated area.

(2)A regulation dividing a recreation area may state that the approved management plan for the undivided area is the approved management plan for each divided area and applies for each divided area to the extent stated in the regulation.

Division 2 Amending and reviewing management plans

25   Preparing draft amendment

(1)The Minister may prepare a draft amendment of an approved management plan.

(2)The draft amendment may apply, adopt, or incorporate (with or without modification) the provisions of another document, whether of the same or a different kind.

(3)A provision of another document applied, adopted or incorporated is the provision as in force from time to time, unless the draft amendment expressly provides otherwise.

26   Notice of draft amendment

(1)The Minister must publish a notice about the draft amendment on the department’s website.

(2)The notice must—

(a)identify the management plan proposed to be amended; and

(b)state that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive—

(i)during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and

(ii)on the department’s website; and

(c)invite members of the public, including area land-holders and relevant Aboriginal and Torres Strait Islander entities for the area, to make written submissions about the draft amendment to the Minister, within a stated period.

(3)The stated period must be at least 20 business days after the notice is published.

(4)On payment of the fee decided by the chief executive, a person may obtain a copy of the draft amendment from the chief executive.

(5)The fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person.

(6)For subsection (5), if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person.

27   Exceptions from ss 25 and 26

(1)Sections 25 and 26 do not apply if the proposed amendment prepared by the Minister is—

(a)a minor amendment—

(i)to correct an error in the approved management plan; or

(ii)to make a change, other than a change of substance, in the plan; or

(b)of a type that the plan states may be made under this subsection.

(2)Also, the sections do not apply if—

(a)for an approved management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment is needed to ensure the plan remains substantially uniform or complementary; or

(b)the amendment adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the amendment has already been made and the assessment was made for, or is relevant to, Queensland; or

(c)there has already been other public consultation about the matters, the subject of the amendment, and the Minister is satisfied the public has been adequately consulted about the matters.

28   Preparing final amendment

(1)For an amendment to which section 26 applies, the Minister must consider each submission made under that section and having regard to the purpose of this Act, prepare a final amendment.

(2)For an amendment to which section 26 does not apply, the Minister must, having regard to the purpose of this Act, prepare a final amendment.

29   Approval of amendment

(1)If the final amendment has been prepared under this division, the following person may, by gazette notice, approve the final amendment—

(a)if the final amendment is an amendment to which section 27 applies—the Minister; or

(b)otherwise—the Governor in Council.

(2)The gazette notice must state where a copy of the approved final amendment is available for inspection.

30   When approved amendment has effect

The approved amendment has effect on and from the later of the following days—

(a)the day the gazette notice approving the amendment is published;

(b)the commencement day stated in the amendment.

31   Review of management plans

(1)The Minister must review the operation of the management plan for each recreation area not later than 10 years after its approval.

(2)On completion of the review, the Minister may—

(a)prepare a new management plan for the recreation area; or

(b)amend the existing management plan for the recreation area; or

(c)leave the existing management plan for the recreation area unchanged.

Division 3 Other matters about management plans

32   Public access to approved management plans

(1)The chief executive must keep a copy of each current approved management plan available for inspection, without charge, by members of the public—

(a)during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and

(b)on the department’s website.

(2)On payment of the fee decided by the chief executive, a person may obtain a copy of the approved management plan from the chief executive.

(3)The fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person.

(4)For subsection (3), if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person.

33   Chief executive may enter into cooperative arrangement for approved management plan

The chief executive may enter into an agreement or other arrangement with the following persons about the preparation, amendment, review or implementation of an approved management plan for a recreation area—

(a)a person, or group of persons, including relevant Aboriginal and Torres Strait Islander entities for the area, having a special interest in the area; or

(b)a person representing a person or group mentioned in paragraph (a).

Part 4    Access to, and permits for, recreation areas

Division 1 Preliminary

34   Types of permits

(1)The chief executive may issue the following permits for a recreation area—

(a)camping permit;

(b)vehicle access permit;

(c)organised event permit;

(d)commercial activity permit.

(2)As well as authorising the activity for which a permit is issued, a permit may also authorise another activity related to the authorised activity.

35   Terms of permits

(1)A permit is given for the term stated in it.

(2)The term must not be more than the following—

(a)for a camping permit—30 days;

(b)for a vehicle access permit—1 year;

(c)for an organised event permit—1 year;

(d)for a commercial activity permit—

(i)if the commercial activity permit forms part of a joint permission—the term stated on the joint permission; or

(ii)otherwise—3 years.

(3)The permit expires—

(a)for a commercial activity permit—

(i)if an application is made under section 55B—on whichever is the earliest of when the application is decided or 3 months after the day when the permit would otherwise have expired; or

(ii)otherwise—at the end of the term of the permit; or

(b)for any other type of permit—at the end of the term of the permit.

35A   Restriction on issuing permits—indigenous joint management areas

The chief executive may issue a permit for a recreation area situated in an indigenous joint management area only if all requirements relating to issuing the permit under the indigenous management agreement for the area have been satisfied.

Examples of requirements under an indigenous management agreement—

•a requirement to consult with the indigenous landholder

•a requirement to obtain the prior written consent of the indigenous landholder for the issuing of the permit

Division 2 Camping permits

36   How to obtain a camping permit

(1)Subject to subsection (3), an application for a camping permit must be—

(a)made to the chief executive; and

(b)supported by sufficient information to enable the application to be decided.

(2)The applicant must also pay the permit fee before the application is decided.

(3)For a self-registration camping area a person may—

(a)fill in a camping form for the area in the way stated on the form; and

(b)either—

(i)place the camping fee in cash or a cheque in the camping fee envelope and seal the envelope; or

(ii)properly complete and sign the credit card payment section of the camping form; and

(c)put the envelope in the camping fee container.

37   When a camping permit granted

(1)Subject to subsections (2) and (3), a camping permit is granted when the chief executive decides the application and gives the applicant a permit.

(2)A person who applies for a camping permit for an e-permit camping area by way of the internet website authorised by the chief executive is taken to have been granted a permit when the person receives a notice stating the number identifying the permit.

(3)A person who applies by phone for a camping permit for an e-permit camping area is taken to have been granted a permit when all of the following steps have been completed—

(a)the person gives the information required on the approved form;

(b)the person states that the person understands and accepts the conditions of the permit;

(c)the person pays the correct permit fee by giving the person’s credit card details;

(d)the person is issued a number identifying the permit.

(4)For a self-registration camping area, a person is taken to have been granted a camping permit for the area and period stated in the camping form when the person complies with section 36(3).

(5)However, a camping permit for a self-registration camping area is taken not to have been granted if—

(a)the person pays the camping fee by cheque and the cheque is dishonoured; or

(b)the person completes the credit card payment section of the camping fee envelope and the person’s financial institution does not authorise the payment.

(6)Subsections (2) and (3) have effect subject to section 38.

38   Extent to which camping permit granted

(1)A camping permit taken to have been granted under section 37(2) or (3) is taken to have been granted only—

(a)for the number of people stated by the person when applying for the permit; and

(b)for the number of days stated by the person when applying for the permit; and

(c)for the time when the area, the subject of the permit, is an e-permit camping area; and

(d)for not longer than 30 days or, if the e-permit camping notice or any additional conditions notice for the area states a shorter period as the longest period for which anyone may camp in the area, the shorter period.

(2)A camping permit taken to have been granted under section 37(4) is taken to have been granted only—

(a)for the number of people stated on the camping form; and

(b)for not more than the number of people stated on the self-registration camping notice; and

(c)for the time when the area, the subject of the permit, is a self-registration camping area; and

(d)for not longer than 30 days or, if the self-registration camping notice states a shorter period as the longest period for which anyone may camp in the area, the shorter period.

39   Conditions of camping permit

(1)For an e-permit camping area, the conditions stated in the e-permit camping notice, and any additional conditions notice, for the area are taken to be conditions of each camping permit for the area.

(2)For a self-registration camping area, the conditions stated in the self-registration camping notice for the area are taken to be conditions of each camping permit for the area.

40   Camping permit taken to be authorisation under other Acts

A camping permit for a recreation area is, for the Nature Conservation Act 1992, the Forestry Act 1959 and the Marine Parks Act 1982, taken to be an authorisation permitting camping in the area under those Acts.

Division 3 Vehicle access permits

41   How to obtain a vehicle access permit

(1)An application for a vehicle access permit must be—

(a)made to the chief executive; and

(b)supported by sufficient information to enable the application to be decided.

(2)The applicant must also pay the permit fee before the application is decided.

(3)On each occasion a rental vehicle is in a recreation area, the person who hired the vehicle for that occasion must be the person who applies for the vehicle access permit.

(4)In this section—

rental vehicle means a vehicle that is rented without a driver for the vehicle being offered or made available by, through, or on behalf of, the person providing the vehicle for rent.

42   When a vehicle access permit granted

(1)Subject to subsections (2) and (3), a vehicle access permit is granted when the chief executive decides the application and gives the applicant a permit.

(2)A person who applies for a vehicle access permit on the internet website authorised by the chief executive is taken to have been granted a permit when the person receives a notice stating the number identifying the permit.

(3)A person who applies by phone for a vehicle access permit is taken to have been granted a permit when all of the following steps have been completed—

(a)the person gives the information required on the approved form;

(b)the person states that the person understands and accepts the conditions of the permit;

(c)the person pays the correct fee by giving the person’s credit card details;

(d)the person is issued a number identifying the permit.

43   Extent to which vehicle access permit granted

A vehicle access permit taken to have been granted under sections 42(2) or 42(3) is taken to have been granted only—

(a)for the vehicle stated by the person when applying for the permit; and

(b)for the period stated by the person when applying for the permit.

44   Vehicle access permit taken to be authorisation under Forestry Act 1959

(1)A vehicle access permit for a recreation area is, for the Forestry Act 1959, taken to be an authorisation under that Act for the person in control of the vehicle to traverse a road in the area.

(2)Subsection (1) does not apply if a regulatory notice or other sign prohibits—

(a)the use of the vehicle on the road; or

(b)access to the area.

Division 4 Organised event permits

45   How to obtain an organised event permit

(1)An application for an organised event permit must be—

(a)made to the chief executive in the approved form; and

(b)supported by sufficient information to enable the application to be decided.

(2)The applicant must also pay the application fee before the application is decided.

46   Requirements for grant of application for organised event permit

(1)The chief executive may grant an application for an organised event permit 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.

47   When an organised event permit granted

An organised event permit is granted when the chief executive decides the application and gives the applicant a permit.

48   Organised event permit taken to be authorisation under other Acts

An organised event permit authorising an activity in a recreation area is, for the Nature Conservation Act 1992 and the Forestry Act 1959, taken to be an authorisation permitting the activity in the area under those Acts.

Division 5 Commercial activity permits

49   How to obtain a commercial activity permit

(1)An application for a commercial activity permit must be—

(a)made to the chief executive in the approved form; and

(b)supported by sufficient information to enable the chief executive to decide the application; and

(c)accompanied by the application and permit fees.

(2)Information in the application must, if the approved form requires, be verified by a statutory declaration.

50   Requirements for holding commercial activity permit

(1)The chief executive may grant the application if the chief executive is satisfied—

(a)the applicant is a suitable person to hold the permit; and

(b)there is adequate insurance cover for the activities proposed to be conducted under the permit.

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

(3)In deciding whether the applicant is a suitable person to hold the permit, the chief executive may—

(a)inquire about the applicant and an associated person of the applicant; and

(b)have regard to any matter relevant to the applicant’s ability to carry on the commercial activities for which the permit is sought in a competent and ethical way.

(4)In this section—

associated person, of the applicant, means—

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

(b)if the applicant is not a corporation, a person who—

(i)is regularly or usually in charge of the applicant’s business; or

(ii)regularly directs staff of the applicant’s business in their duties; or

(iii)is in a position to control or substantially influence the applicant’s business.

51   Chief executive may request public notice of application for commercial activity permit

(1)This section applies if the chief executive considers the grant of an application for a commercial activity permit for a recreation area may restrict the reasonable use of a part of the area by persons other than the applicant.

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

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

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

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

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

(a)includes the stated information; and

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

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

(ii)within a stated period of not less than 20 business days.

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

52   Deciding application for commercial activity permit

(1)The chief executive must consider the application and decide—

(a)to grant the application, with or without conditions decided by the chief executive, including, for example—

(i)limiting the activities that may be carried out under the permit; or

(ii)allowing activities that may be carried out under the permit to be monitored; or

(b)to grant the application for a shorter period than applied for; or

(c)to refuse the application.

(2)Subsection (3) applies if the application is for a new commercial activity permit to commence immediately after an existing commercial activity permit expires.

(3)Without limiting subsection (1), when deciding the application, the chief executive may refuse to grant the application if the chief executive reasonably believes—

(a)the existing permit was obtained on the basis of incorrect or misleading information; or

(b)the holder of the existing permit has contravened a condition of the permit.

(4)The chief executive must make the decision—

(a)if the chief executive asks for further information about the application under section 56—within 40 business days after receiving the information requested; or

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

(5)However, if the application is for a commercial activity permit that is to form part of a joint permission—

(a)subsection (4) does not apply for deciding the application; and

(b)the chief executive must decide the application within a reasonable period.

(6)If the chief executive decides to grant the application the chief executive must, as soon as practicable after making the decision, issue a permit to the applicant.

(7)If the chief executive decides to grant the application with conditions, or to refuse the application, the chief executive must as soon as practicable after making the decision give the applicant an information notice about the decision.

53   Additional matters to be considered under s 52

(1)In deciding an application under section 52, the chief executive must have regard to each of the following—

(a)the purpose of this Act;

(b)the management intent for the recreation area, and the area’s current draft or approved management plan;

(c)conservation of the area’s cultural and natural resources;

(d)the amenity of the area and adjacent areas;

(e)the size, extent and location of the proposed use in relation to other uses of the area or adjacent areas;

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

(g)public health and safety;

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

(i)the requirements mentioned in section 50;

(j)if the proposed permit relates to a recreation area situated in an indigenous joint management area—whether the requirements mentioned in section 35A have been satisfied;

(k)whether there are any grounds for refusing the application.

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

(3)For subsection (1)(k), the following are grounds for refusing the application to the extent the chief executive is satisfied they are relevant to the activities to be carried out under the permit applied for—

(a)the applicant has accumulated 10 or more demerit points in the 3 years immediately before the day the application is decided;

(b)the applicant is the former holder of a commercial activity permit, the permit was cancelled because the applicant accumulated 10 or more demerit points, and the application is made within 2 years after the permit was cancelled;

(c)the applicant has had an equivalent permit or other authority (however described) in another State or country suspended or cancelled in the 3 years immediately before the day the application is made;

(d)the applicant has, in the 3 years immediately before the day the application is made, been convicted of—

(i)an offence against this Act or the repealed Act; or

(ii)an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or

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

(iv)an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or

(v)an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country.

54   Existing commercial activity permit taken to be in force while new application is considered

(1)This section applies if an application is made under section 49 for a new commercial activity permit intended to commence immediately after an existing commercial activity permit expires.

(2)The existing permit is taken to continue in force from the day it would otherwise have expired until the day on which the earliest of the following happens—

(a)the chief executive grants the new permit;

(b)the chief executive decides to refuse the application and gives the applicant an information notice about the decision;

(c)the applicant is taken to have withdrawn the application under section 56(5);

(d)if the existing permit is a permit other than a joint permission permit—the existing permit has continued for 3 months after the day it would otherwise have expired.

(3)If the chief executive grants the new permit, it is taken to have commenced immediately after the existing permit would otherwise have expired.

(4)Subsection (2) does not stop the existing permit from being cancelled or suspended under this Act.

55   Commercial activity permit taken to be authorisation under other Acts

A commercial activity permit authorising an activity in a recreation area is, for the Nature Conservation Act 1992 and the Forestry Act 1959, taken to be an authorisation permitting the activity in the area under those Acts.

55A   Form of commercial activity permit

(1)A commercial activity permit may be combined with either or both of the following—

(a)a commercial activity permit granted under the Nature Conservation Act 1992;

(b)a permit to conduct a commercial activity in a State forest or timber reserve granted under the Forestry Act 1959.

(2)Also, the chief executive may use a document that has been used for the grant of a marine park permission for the grant of a commercial activity permit.

55B   Application to renew permit

(1)A person who holds a commercial activity permit may apply to the chief executive, before the permit expires, to renew the permit.

(2)The application must—

(a)be in the approved form; and

(b)include the information (if any) prescribed by regulation.

(3)The application must be accompanied by the fees, prescribed by regulation, for the application and the permit.

(4)If a person applies to renew a commercial activity permit in accordance with subsections (1) to (3), the permit continues in force until whichever of the following happens first—

(a)the application is decided;

(b)the application is withdrawn;

(c)3 months has elapsed after the day when the permit would otherwise have expired;

(d)the permit is suspended or cancelled.

55C   Amending conditions of permit

(1)The chief executive may amend or omit a condition of a commercial activity permit, when the permit is renewed—

(a)at the request of the permit holder; or

(b)on the chief executive’s own initiative.

(2)However, the chief executive may amend or omit a condition, subject to section 55D(3)(b), only if the chief executive reasonably considers it is necessary because of an amendment that may be made to a commercial activity permit under section 61, 63 or 64.

55D   Deciding application to renew permit

(1)The chief executive may grant an application to renew a commercial activity permit (an existing permit) if—

(a)the chief executive is not aware of information that is likely to change the chief executive’s consideration of a matter mentioned in section 53 for the existing permit; and

(b)the chief executive is satisfied the permit holder has in relation to the existing permit—

(i)given the chief executive the information prescribed by regulation; and

(ii)paid the fee for the existing permit or agreed to pay the fee by instalments and has complied with the agreement; and

(c)for a permit relating to a recreation area situated in an indigenous joint management area—all requirements relating to the permit under the indigenous management agreement for the area have been satisfied in relation to the renewal.

(2)Subsection (1)(b) does not apply to an application for an existing permit for filming or photography.

(3)If the chief executive grants the application—

(a)the chief executive must give the applicant a renewed commercial activity permit that is effective from the day after the permit would otherwise have expired; and

(b)the renewed commercial activity permit must not authorise the person to carry out any of the following—

(i)activities not authorised under the existing permit;

(ii)activities at locations not authorised under the existing permit;

(iii)activities to a scale (such as in relation to numbers of people, vehicles, structures or animals) that is greater than the scale of activities authorised under the existing permit.

(4)If the chief executive refuses to grant an application to renew a commercial activity permit, the chief executive must give the applicant a notice stating—

(a)the reasons for the refusal; and

(b)that the refusal does not stop the applicant from applying for a new commercial activity permit.

55E   Information notice not required

The chief executive is not required to give the permit holder an information notice about the renewal of, or refusal to renew, a commercial activity permit under this division.

Division 5A Transfer of particular commercial activity permits

55F   Application of div 5A

This division applies to a joint permission permit, including a joint permission permit continued in force under section 54.

55G   Joint permission permit transferable

The joint permission permit is transferable.

55H   Application to transfer joint permit

(1)The holder of the joint permission permit and a proposed transferee may apply to the chief executive to transfer the permit.

(2)The application must be—

(a)in the approved form; and

(b)signed by the holder and the proposed transferee; and

(c)given to the chief executive at least 28 days before the day on which the transfer is intended to take effect; and

(d)accompanied by the prescribed fee for the transfer.

55I   Deciding transfer application

(1)In deciding the application, the chief executive must have regard to the following—

(a)whether the proposed transferee is a suitable person to hold the joint permission permit;

(b)whether there is adequate insurance cover for the activities proposed to be conducted under the permit;

(c)whether the holder of the permit, or the proposed transferee, owes any fee or other amount payable under the Act;

(d)all matters relevant to ensuring the orderly and proper management of the recreation area to which the permit applies.

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

(3)For deciding whether the proposed transferee is a suitable person to hold the joint permission permit, section 50(3) and (4) applies as if—

(a)a reference to the applicant were a reference to the proposed transferee; and

(b)a reference to the commercial activity permit were a reference to the joint permission permit.

55J   Chief executive’s power to require further information

(1)Before deciding the application, the chief executive may, by notice, ask the holder of the joint permission permit or the proposed transferee to give the chief executive any further information the chief executive reasonably requires to decide the application.

(2)The holder and proposed transferee are taken to have withdrawn the application if the request is not complied with within 60 days after the person to whom the notice is given receives the notice.

55K   Approval or non-approval of transfer

(1)The chief executive must decide the application within 28 days after the chief executive—

(a)receives the application; or

(b)if the chief executive has asked for further information under section 55J—receives the information.

(2)The chief executive may approve the transfer of the joint permission permit only if the chief executive is satisfied—

(a)the proposed transferee is a suitable person to hold the joint permission permit; and

(b)the holder of the permit, or the proposed transferee, does not owe any fee or other amount payable under the Act.

(3)If the chief executive refuses to approve the transfer, the chief executive must give the holder of the permit and the proposed transferee an information notice about the decision.

55L   Steps after approval of transfer

(1)This section applies if the chief executive decides to approve the transfer of the joint permission permit.

(2)The chief executive must cancel the permit and give the proposed transferee a new joint permission permit (the new permit) authorising the same activities as the cancelled permit immediately before it was cancelled under this section.

(3)The new permit—

(a)starts on the later of the following days (the transfer day)—

(i)the day the application is decided;

(ii)the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and

(b)ends on the day the cancelled permit would have ended if it were not cancelled under this section.

(4)The new permit is subject to the same conditions as the cancelled permit immediately before it was cancelled under this section.

(5)Despite subsection (4), the chief executive may impose a new or different condition on the new permit if—

(a)the proposed transferee consents to the new or different condition; or

(b)it is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permit; or

(c)it is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permit.

(6)The holder of the permit cancelled under subsection (2) must return it to the chief executive before the end of the day after the transfer day.

Division 6 General provisions about permits

56   Chief executive’s power to require further information about permit application

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

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

(3)If the application is for a commercial activity permit, the chief executive may give the applicant a written notice asking the applicant to give the information or document by the day stated in the notice.

(4)The notice must—

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

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

(4A)Subsection (4)(a) does not apply if the application is for a commercial activity permit that is to form part of a joint permission.

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

(a)for a commercial activity permit—the period stated in the notice; or

(b)in any other case—a reasonable period.

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

57   Amending permit application

If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.

58   Deciding permit application (other than commercial activity permit)

(1)The chief executive must consider the application and decide—

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

(b)to refuse the application.

(2)In making the decision, the chief executive—

(a)must have regard to each of the following—

(i)the purpose of this Act;

(ii)the management intent for the recreation area, or the area’s current draft or approved management plan;

(iii)conservation of the area’s cultural and natural resources;

(iv)the amenity of the area and adjacent areas;

(v)the size, extent and location of the proposed use in relation to other use of the area or adjacent areas;

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

(vii)public health and safety;

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

(b)may have regard to anything else the chief executive considers appropriate to achieve the purpose of this Act.

(3)The chief executive must make the decision—

(a)if the chief executive asks for further information about the application under section 56—within 40 business days after receiving the information requested; or

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

(4)This section does not apply for an application for a commercial activity permit.

59   Steps to be taken after permit application decided (other than commercial activity permit)

(1)If the chief executive decides to grant the application, with or without conditions, the chief executive must, as soon as practicable after making the decision—

(a)for an organised event permit to be issued with conditions—issue a permit to the applicant and give the applicant an information notice about the decision; or

(b)for any other permit—issue a permit to the applicant.

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

(a)for an organised event permit—give the applicant an information notice about the decision; or

(b)for any other permit—tell the applicant about the refusal.

(3)This section does not apply for an application for a commercial activity permit.

60   Permits

(1)A permit must be in writing and state each of the following—

(a)its issue date;

(b)if it does not commence on the issue date—its commencement date;

(c)its term or expiry date;

(d)the following information about the permit holder—

(i)the holder’s name and, if the holder is a corporation, its ABN or ACN;

(ii)the holder’s place of business;

(e)the recreation area to which the permit relates;

(f)the purpose for which the permit is issued;

(g)any conditions imposed by the chief executive, under section 58(1)(a), on the permit.

(2)Subsection (1) does not apply to a permit issued under section 37(2), (3) or (4) or section 42(2) or (3).

61   Minor amendments

(1)This section applies if—

(a)the chief executive reasonably considers a permit should be amended; and

(b)the proposed amendment is a minor amendment.

(2)The chief executive may amend the permit by—

(a)for a camping or vehicle access permit—advising the permit holder of the amendment; or

(b)for an organised event or commercial activity permit—giving the holder written notice of the amendment.

(3)The advice or notice must state the reasons for the amendment.

(4)Sections 62 to 64 do not apply to the amendment.

(5)The amendment takes effect on the later of the following days—

(a)the day when the advice or notice is given to the holder;

(b)the day of effect advised or stated in the notice.

(6)The effect of the amendment does not depend on the amendment being noted on the permit.

(7)In this section—

minor amendment means an amendment that—

(a)omits a condition; or

(b)corrects an error; or

(c)makes another change, other than a change of substance, that does not adversely affect the holder’s interests.

62   Amendments by application

(1)The holder of a permit may apply to the chief executive for an amendment of the permit.

(2)The application must be—

(a)accompanied by the fee prescribed under a regulation; and

(b)if the application relates to an organised event or commercial activity permit—made in writing.

(3)If the chief executive decides to make the amendment, the chief executive must—

(a)for a camping or vehicle access permit—advise the holder of the amendment; or

(b)for an organised event or commercial activity permit—give the holder written notice of the amendment.

(4)The amendment takes effect on the later of the following days—

(a)the day when the advice or notice is given to the holder;

(b)the day of effect advised or stated in the notice.

(5)The effect of the amendment does not depend on the amendment being noted on the permit.

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

(a)for a camping or vehicle access permit—advise the holder of the decision; or

(b)for an organised event or commercial activity permit—give the holder an information notice about the decision.

63   Other amendments (other than immediately)

(1)The chief executive may amend a permit—

(a)if the chief executive reasonably believes—

(i)the permit was obtained because of incorrect or misleading information; or

(ii)the holder has contravened a condition of the permit; or

(iii)for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or

(iv)for a joint permission permit—a related permission for the permit has been, or is about to be—

(A)amended to an extent that is no longer consistent with the permit; or

(B)replaced with another permission that is not consistent with the permit; or

(C)suspended or cancelled; or

(v)the amendment is necessary having regard to the purpose of this Act; or

(b)if the holder has failed to—

(i)pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or

(ii)give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or

(c)if the holder is convicted of an offence against this Act or the repealed Act; or

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

(e)to conserve or protect the cultural or natural resources of the recreation area; or

(f)if the permit relates to an area that has been declared as a restricted access area or an area closed to the public.

(2)If the chief executive proposes to make the amendment and the address of the holder is shown on the permit, the chief executive must give the holder a notice stating each of the following—

(a)the proposed amendment;

(b)the ground for the proposed amendment;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)an invitation to make representations, within a stated period, about why the proposed amendment should not be made.

(3)If the permit is an organised event or commercial activity permit—

(a)the notice must be in writing; and

(b)the stated period must be at least 20 business days after the notice is given; and

(c)the representations must be in writing.

(4)The chief executive may amend the permit, if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made—

(a)in the way stated in the notice; or

(b)in another way, having regard to the representations.

(5)If the chief executive amends the permit, the chief executive must—

(a)for a camping or vehicle access permit—advise the holder of the amendment; or

(b)for an organised event or commercial activity permit—give the holder an information notice about the decision.

(6)The amendment takes effect on the later of the following days—

(a)the day when the advice or information notice is given to the holder;

(b)the day of effect stated in the advice or information notice.

(7)The effect of the amendment does not depend on the amendment being noted on the permit.

(8)If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision—

(a)for a camping or vehicle access permit—advise the holder of the decision; or

(b)for an organised event or commercial activity permit—give the holder written notice of the decision.

64   Immediate amendment or suspension of permits for safety or conservation

(1)This section applies if the chief executive reasonably believes a permit should be amended or suspended—

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

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

(c)to conserve or protect the cultural or natural resources of the recreation area to which the permit applies.

(2)The chief executive may, verbally or by signs, advise the permit holder that—

(a)the permit is taken to be amended in the way the chief executive advises; or

(b)the permit is suspended, to the extent the chief executive advises.

(3)If the chief executive acts under subsection (2), the amendment or suspension takes effect immediately after the holder is advised of the amendment or suspension and continues until the chief executive advises that the chief executive is satisfied the reason for the amendment or suspension no longer exists.

(4)The effect of the amendment does not depend on the amendment being noted on the permit.

(5)The chief executive must as soon as practicable put a notice on the department’s website advising when the amendment or suspension no longer applies.

(6)In this section—

sign includes a sign erected—

(a)at or near a usual access point to the recreation area; or

(b)in a position that would normally be seen by a person accessing the area.

65   Cancelling a permit or suspending a permit (other than immediately)

(1)The chief executive may cancel a permit or suspend a permit other than immediately—

(a)for a reason mentioned in section 64; or

(b)if the chief executive reasonably believes—

(i)the permit was obtained because of incorrect or misleading information; or

(ii)the permit holder has contravened a condition of the permit; or

(iii)for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or

(iv)for a joint permission permit—a related permission for the permit has been, or is about to be—

(A)amended to an extent that is no longer consistent with the permit; or

(B)replaced with another permission that is not consistent with the permit; or

(C)suspended or cancelled; or

(c)if the holder of the permit has failed to—

(i)pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or

(ii)give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or

(d)if the holder is convicted of an offence against this Act or the repealed Act.

(2)The chief executive may take action (the proposed action) under subsection (1) by giving the holder of the permit a notice stating each of the following—

(a)the proposed action;

(b)the ground for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)if the proposed action is suspension of the permit—the proposed suspension period;

(e)an invitation to make representations, within a stated period, about why the proposed action should not be taken.

(3)If the permit is an organised event or commercial activity permit—

(a)the notice must be in writing; and

(b)the stated period must not be less than 20 business days after the notice is given; and

(c)the representations must be in writing.

(4)If, after considering any representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—

(a)if the proposed action was to suspend the permit—to suspend it for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the permit—either to cancel it or to suspend it for a period.

(5)If the chief executive decides to suspend or cancel the permit, the chief executive must—

(a)for a camping or vehicle access permit—advise the holder of the action taken; or

(b)for an organised event or commercial activity permit—give the holder an information notice about the decision.

(6)A decision to suspend or cancel the permit takes effect on the later of the following days—

(a)the day when the advice or information notice is given to the holder;

(b)the day of effect stated in the advice or information notice.

(7)If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision—

(a)for a camping or vehicle access permit—advise the holder of the decision; or

(b)for an organised event or commercial activity permit—give the holder written notice of the decision.

66   Surrendering permits

(1)The holder of a permit may surrender it by returning it and giving written notice of surrender to the chief executive.

(2)A permit surrendered under subsection (1) no longer has effect from—

(a)the day for surrender stated in the notice; or

(b)if paragraph (a) does not apply—the day the notice is received.

67   Replacing permits

(1)A permit holder may apply to the chief executive for the replacement of a damaged, destroyed, lost, or stolen permit.

(2)The application must be made in writing and be accompanied by the fee prescribed under a regulation.

(3)The chief executive must grant the application if the chief executive is satisfied the permit has been—

(a)damaged in a way that requires its replacement; or

(b)destroyed, lost, or stolen.

(4)If the chief executive grants the application, the chief executive must issue another permit to the holder to replace the damaged, destroyed, lost, or stolen permit.

68   Permits generally not transferable

A permit, other than a joint permission permit, is not transferable.

Part 5    Commercial activity agreements for recreation areas

Division 1 Preliminary

69   Chief executive may enter into commercial activity agreement

(1)The chief executive may, for the State, enter into an agreement (a commercial activity agreement) with a person authorising the person to conduct a commercial activity in a recreation area.

(2)The chief executive may enter into the agreement in any 1 or more of the following ways—

(a)by using an expression of interest process under division 2 for entering into the agreement;

(b)by using an application process under division 3 for entering into the agreement;

(c)by entering into the agreement with the holder of a commercial activity permit for the activity for the area.

(3)The commercial activity agreement may be combined with either or both of the following—

(a)a commercial activity agreement entered into with the person under the Nature Conservation Act 1992;

(b)a commercial activity agreement entered into with the person under the Marine Parks Act 2004.

70   Restrictions on entering into commercial activity agreement

(1)A commercial activity agreement must be consistent with this Act and the management intent for the recreation area it concerns.

(2)Also, a commercial activity agreement must not—

(a)create an interest in land in a recreation area; or

(b)authorise the carrying out of major earthworks, or the installation of a permanent structure, in a recreation area.

(3)Sections 50, 52, 53 and 56 apply for the chief executive when entering into a commercial activity agreement as if—

(a)a reference in those sections to a permit or the application were a reference to a commercial activity agreement; and

(b)a reference in those sections to the applicant were a reference to the person seeking to enter into the agreement with the chief executive.

(4)In this section—

major earthworks means earthworks that cause a major disturbance to the cultural or natural resources of a recreation area.

Examples of major earthworks—

construction of a road, drainage channels

71   Content of commercial activity agreements

(1)A commercial activity agreement must be written and must include each of the following details—

(a)the name of the recreation area it concerns;

(b)the date the agreement is entered into;

(c)its term;

(d)the name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN;

(e)the person’s place of business;

(f)the activities authorised under the agreement;

(g)any conditions of the agreement;

(h)the amount payable to the State under the agreement, or a way of working out the amount.

(2)Subsection (1) does not limit the matters that may be included in the agreement.

(3)The parties to the agreement may amend it at any time.

72   Mandatory conditions of commercial activity agreements

(1)This section applies if the chief executive reasonably believes a commercial activity agreement should be subject to a condition that will assist in achieving the purpose of this Act (a recreation management condition).

(2)The chief executive must not enter into the agreement unless—

(a)the agreement is made subject to the condition; and

(b)the agreement identifies the condition as a recreation management condition and states that a breach of the condition is an offence against this Act.

Division 2 Expression of interest process

73   Application of div 2

This division applies if the chief executive uses an expression of interest process for entering into a commercial activity agreement for conducting a commercial activity in a recreation area.

74   Invitation for submissions

(1)The chief executive may invite expressions of interest for a commercial activity agreement for the activity for the area from—

(a)only the holders of a commercial activity permit for the activity for the area; or

(b)the members of the public the chief executive reasonably believes would be interested in submitting an expression of interest for the agreement.

(2)The invitation must be made in the way the chief executive considers appropriate having regard to the need to ensure the invitees—

(a)are made aware that the process is being conducted; and

(b)have enough time to make an appropriate submission.

(3)The invitation must state the following—

(a)the commercial activity and the recreation area that will be the subject of the agreement;

(b)if the commercial activity is a prescribed commercial activity for the area—

(i)that the commercial activity is a prescribed commercial activity for the area; and

(ii)that, under section 111(2), a person may only conduct the prescribed commercial activity in the area under a commercial activity agreement;

(c)if the expression of interest process is only open to the holders of a commercial activity permit for the activity for the area—that only those holders may submit an expression of interest for the agreement;

(d)how the expression of interest may be submitted to the chief executive;

(e)the day and time by which the expression of interest must be submitted to the chief executive;

(f)that a fee prescribed under a regulation is payable for submitting the expression of interest;

(g)that details of each of the following are available at a stated place—

(i)the matters the chief executive will consider to decide whether to enter into the agreement;

(ii)any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.

75   Requirements for submissions

An expression of interest for a commercial activity agreement must be—

(a)in writing; and

(b)accompanied by the fee prescribed under a regulation; and

(c)submitted in the way, and by the day and time, stated in the invitation under section 74.

76   Requirements for process of deciding

(1)Subject to section 70(3), any process the chief executive considers appropriate may be used to decide which expressions of interest should be further negotiated toward a commercial activity agreement.

(2)Without limiting subsection (1), in considering an expression of interest, the chief executive must have regard to—

(a)the matters the chief executive must have regard to for considering an application for a commercial activity permit; and

(b)any other matter the chief executive reasonably considers relevant.

77   Chief executive may request further information

(1)Without limiting section 76(1), the chief executive may also, by written notice, ask the submitter to give the chief executive further reasonable information by the date, not less than 20 business days after the submitter receives the notice, stated in the notice.

(2)If the submitter does not, without reasonable excuse, give the chief executive the further information by the stated day—

(a)the submission is taken to have been withdrawn; and

(b)the chief executive must give the submitter a written notice stating that—

(i)under this section the submission is taken to be withdrawn; and

(ii)the submitter may make a new submission.

(3)However, the chief executive may extend the period for the submitter to give the further information.

78   Amending the submission

If the chief executive agrees, the submitter may amend the submission before the chief executive has finished considering it.

79   Notice to unsuccessful submitters

The chief executive must, within 14 days after making a decision under section 76, give each unsuccessful submitter a written notice about the decision.

Division 3 Application process

80   Application of div 3

This division applies if the chief executive uses an application process for entering into a commercial activity agreement for conducting a commercial activity in a recreation area.

81   Applying for commercial activity agreement

(1)A person may apply to the chief executive for a commercial activity agreement for conducting a commercial activity in recreation area.

(2)The application must be—

(a)in writing; and

(b)accompanied by the fee prescribed under a regulation.

82   Matters to be considered for application

In considering the application, the chief executive must have regard to—

(a)the matters the chief executive must have regard to for considering an application for a commercial activity permit; and

(b)any other matter the chief executive reasonably considers relevant.

83   Chief executive may request further information

(1)The chief executive may, by written notice, ask the applicant to give the chief executive further reasonable information by the date, not less than 20 business days after the applicant receives the notice, stated in the notice.

(2)If the applicant does not, without reasonable excuse, give the chief executive the further information by the stated day—

(a)the application is taken to have been withdrawn; and

(b)the chief executive must give the applicant written notice stating that—

(i)under this section the application is taken to be withdrawn; and

(ii)the applicant may make a new application.

(3)However, the chief executive may extend the period for the applicant to give the further information.

84   Amending the application

If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.

85   Application of s 51 to commercial activity agreements

Section 51 applies for the chief executive when considering the grant of an application for a commercial activity agreement as if—

(a)a reference in section 51 to a permit were a reference to a commercial activity agreement; and

(b)a reference in section 51 to the applicant were a reference to the person seeking to enter into the agreement with the chief executive.

86   Negotiating application for commercial activity agreement

(1)The chief executive must consider each application for a commercial activity agreement and decide—

(a)to negotiate the signing of a commercial activity agreement for the application; or

(b)to refuse to negotiate the signing of a commercial activity agreement for the application.

(2)The chief executive must give the applicant written notice of the decision within 10 business days of making the decision.

(3)If the decision is a refusal under subsection (1)(b), the notice must be an information notice.

87   Steps to be taken after application decided

(1)If, after negotiation, the chief executive decides to enter into a commercial activity agreement, the chief executive must, as soon as practicable after making the decision, enter into the agreement with the applicant.

(2)If, after negotiation, the chief executive decides to refuse to enter into a commercial activity agreement, the chief executive must, within 10 business days after making the decision, give the applicant an information notice for the decision.

Division 4 Requirements applying to and nature of agreements

88   Term and review of commercial activity agreements

(1)A commercial activity agreement must not be for a term longer than 15 years from the day the agreement commences.

(2)However, the agreement may allow for the term of the agreement to be extended at any time, so long as the term of the agreement is not, at any time, longer than 15 years.

(3)The agreement may also provide for—

(a)reviews of the agreement to be conducted at stated intervals; and

(b)the matters to be considered at the review.

89   Nature of commercial activity agreements

A commercial activity agreement—

(a)authorises the party to the agreement other than the chief executive (the other party for the agreement) to conduct, subject to the conditions stated in the agreement, the commercial activity stated in the agreement in the recreation area, or the part of the recreation area, stated in the agreement; and

(b)may be transferred in the way mentioned in division 6.

Division 5 Amendment, termination and suspension of agreement by chief executive

90   Immediate amendment or suspension of commercial activity agreements for safety or conservation

(1)This section applies if the chief executive reasonably believes a commercial activity agreement should be amended or the authorisation under it suspended—

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

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

(c)to conserve or protect the cultural or natural resources of the recreation area to which the agreement applies.

(2)The chief executive may, verbally or by signs, advise the other party to the agreement that—

(a)the agreement is taken to be amended in the way the chief executive advises; or

(b)the authorisation under the agreement is suspended, to the extent the chief executive advises.

(3)If the chief executive acts under subsection (2), the amendment or suspension takes effect immediately after the other party is advised of the amendment or suspension and continues until the chief executive advises that the chief executive is satisfied the reason for the amendment or suspension no longer exists.

(4)The effect of the amendment does not depend on the amendment being noted on the agreement.

(5)The chief executive must as soon as practicable put a notice on the department’s website advising when the amendment or suspension no longer applies.

(6)In this section—

sign includes a sign erected—

(a)at or near a usual access point to the recreation area; or

(b)in a position that would normally be seen by a person accessing the area.

91   Amending commercial activity agreements (other than immediately)

(1)The chief executive may amend a commercial activity agreement other than immediately—

(a)if the chief executive reasonably believes—

(i)the agreement was obtained because of incorrect or misleading information; or

(ii)the other party to the agreement has contravened a condition of the agreement; or

(iii)the other party to the agreement is no longer a suitable person to be a party to the agreement; or

(iv)the amendment is necessary having regard to the purpose of this Act; or

(b)if the other party to the agreement is convicted of an offence against this Act or the repealed Act; or

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

(d)to conserve or protect the cultural or natural resources of the recreation area to which the agreement applies; or

(e)if the agreement relates to an area that has been declared as a restricted access area or an area closed to the public.

(2)If the chief executive decides to make the amendment, the chief executive may give the other party to the agreement a written notice stating each of the following—

(a)the proposed amendment;

(b)the ground for the proposed amendment;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.

(3)The chief executive may amend the agreement, if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made—

(a)in the way stated in the notice; or

(b)in another way, having regard to the representations.

(4)If the chief executive amends the agreement, the chief executive must give the other party an information notice about the decision.

(5)The amendment takes effect on the later of the following days—

(a)the day when the information notice is given to the other party;

(b)the day of effect stated in the information notice.

(6)The effect of the amendment does not depend on the amendment being noted on the agreement.

(7)If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the other party written notice of the decision.

92   Cancelling commercial activity agreements or suspending authorisations under agreements (other than immediately)

The chief executive may cancel a commercial activity agreement or suspend the authorisation under the agreement other than immediately—

(a)for a reason mentioned in section 90(1); or

(b)if the chief executive reasonably believes—

(i)the agreement was obtained because of incorrect or misleading information; or

(ii)the other party to the agreement has contravened a condition of the agreement; or

(iii)the other party to the agreement is no longer a suitable person to be a party to the agreement; or

(c)if the other party to the agreement is convicted of an offence against this Act; or

(d)if the chief executive reasonably believes the activities being conducted under the agreement are having an unacceptable impact on—

(i)the conservation of cultural or natural resources of the recreation area to which it applies; or

(ii)the amenity of the recreation area to which it applies and areas adjacent to the area; or

(e)if the chief executive reasonably believes the activities being conducted under the agreement are threatening public health or safety; or

(f)if the chief executive reasonably believes the cancellation or suspension is necessary to ensure the fair and equitable access to the area.

Example for paragraph (f)—

environmental factors have affected the availability of public access to a recreation area to which the commercial activity agreement applies and the agreement currently restricts the remaining access to the area

93   Process for cancelling or suspending under s 92

(1)The chief executive may take action (the proposed action) under section 92 by giving the other party to the agreement a written notice stating each of the following—

(a)the proposed action;

(b)the ground for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)if the proposed action is suspension of the agreement—the proposed suspension period;

(e)an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.

(2)If, after considering any representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—

(a)if the proposed action was to suspend the authorisation under the agreement—to suspend the authorisation for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the agreement—either to cancel it or to suspend the authorisation under it for a period.

(3)If the chief executive decides to cancel or suspend the authorisation under the agreement, the chief executive must give the other party to the agreement an information notice about the decision.

(4)A decision to cancel or suspend the authorisation under the agreement takes effect on the later of the following days—

(a)the day when the information notice is given to the other party to the agreement;

(b)the day of effect stated in the information notice.

(5)If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the other party to the agreement written notice of the decision.

(6)Despite subsections (3) and (4), if the authorisation under a commercial activity agreement is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.

(7)Also, despite subsections (3) and (4), if a commercial activity agreement is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.

Division 6 Transfer of authorisations under commercial activity agreements

94   Application to transfer authorisation under commercial activity agreement

(1)The other party to a commercial activity agreement (the seller) may transfer the authorisation under the agreement to another person (the buyer).

Maximum penalty—120 penalty units.

222   Requirement to produce or surrender record

(1)This section applies to a person required to keep a record under this Act.

(2)The person must—

(a)if asked by an authorised officer, produce the record for inspection by the officer; and

(b)if asked, in writing, by the chief executive, surrender the record to the chief executive.

Maximum penalty—120 penalty units.

223   Confidentiality of information

(1)The chief executive may declare information acquired in the administration of this Act to be confidential information if the chief executive is of the opinion that disclosure of the information may result in an unreasonable level of risk to the wellbeing of a cultural or natural resource of a recreation area.

(2)Subsection (3) applies to a person who, while performing duties under, or in relation to, this Act or the repealed Act, acquires or acquired—

(a)information about another person’s affairs; or

(b)information declared by the chief executive to be confidential under subsection (1).

(3)The person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (4).

Maximum penalty—165 penalty units.

(4)The person may disclose the information to someone else—

(a)to the extent necessary to perform the person’s functions under this Act; or

(b)if the disclosure is authorised under this Act or another Act; or

(c)if the disclosure is otherwise required or permitted by law; or

(d)if the person to whom the information relates consents to the disclosure; or

(e)if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or

(f)if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of a register; or

(g)if the disclosure is to the Minister to allow the Minister to act under paragraph (h); or

(h)if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.

Division 3 Other miscellaneous provisions

224   Advisory committees

The Minister may establish advisory committees to obtain the views of government entities, individuals, community entities and other non-government entities about recreation area issues.

225   Delegation by Minister

(1)The Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer.

(2)A delegation of a power may permit the subdelegation of the power to an appropriately qualified public service officer.

(3)In this section—

appropriately qualified includes having qualifications, experience or standing appropriate to exercise the power.

Example—

a person’s classification level in the public service

226   Chief executive’s power to carry out works

Subject to section 4, the chief executive may carry out, in a recreation area, the works the chief executive considers necessary or desirable to achieve the purpose of this Act.

227   Liability of State

(1)The State is not legally liable for an act or omission in relation to private land merely because the land is part of a recreation area.

(2)In this section—

private land means land other than State land.

228   Protecting officials from liability

(1)An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.

(3)Also, the State or an official is not civilly liable in a proceeding for an act done, or omission made, in—

(a)the performance or purported performance of a function under this Act; or

(b)the exercise or purported exercise of a power under this Act; or

(c)the management or operation of a recreation area.

(4)However, subsection (3) does not apply to any liability of the State or an official arising from the State’s or official’s—

(a)construction, installation or maintenance of a State fixture, or State road, that is defective other than because of a natural event; or

(b)failure to give adequate notice of a State fixture, or State road, that is defective other than because of a natural event; or

(c)carrying out of a State management activity.

Examples of a natural event for paragraphs (a) and (b)—

a storm, flood, period of heavy rain

(5)Also, subsection (3) does not apply in relation to—

(a)any liability of the State or an official for an MAIA injury incurred by the State or official as an insured person; or

(b)any liability of the State or an official for an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 incurred by the State or official in the State’s or official’s capacity as an employer.

(6)For subsection (5)(b), the following is immaterial—

(a)whether compensation for the injury is actually claimed under the Workers’ Compensation and Rehabilitation Act 2003;

(b)whether the entitlement to seek damages for the injury is regulated under that Act.

(7)In this section—

compensation see the Workers’ Compensation and Rehabilitation Act 2003, section 9.

damages includes any form of monetary compensation.

defective includes damaged or destroyed.

insured person see the Motor Accident Insurance Act 1994, section 4.

MAIA injury means a personal injury to which the Motor Accident Insurance Act 1994 applies.

official means—

(a)the Minister; or

(b)the chief executive; or

(c)an authorised officer; or

(d)an officer or other employee of the department; or

(e)a person acting under—

(i)the authority, under this Act, of a person mentioned in paragraph (a), (b), (c) or (d); or

(ii)a direction given under this Act by a person mentioned in paragraph (a), (b), (c) or (d).

personal injury see the Civil Liability Act 2003, schedule 2.

proceeding means a proceeding for damages based on a liability for personal injury, damage to property or economic loss resulting from personal injury or damage to property, and, for a fatal injury, includes a proceeding for the deceased’s dependants or estate.

State fixture means a building, structure or other thing constructed or installed by the State including, for example, the following—

(a)a boardwalk, jetty, lookout or mooring;

(b)a stairway;

(c)a fence or other barrier;

(d)a thing used for a recreational purpose.

Examples for paragraph (d)—

•a flying fox ride or zipline ride

•a rope or swing over a river or waterhole

•a ramp or jump on a mountain bike trail

•an anchor point for rock climbing

State management activity means—

(a)programmed shooting or poisoning of animals; or

(b)programmed burning or poisoning of vegetation.

State road means—

(a)a State-controlled road within the meaning of the Transport Infrastructure Act 1994, schedule 6; or

(b)another road, within the meaning of the Transport Operations (Road Use Management) Act 1995, constructed by the State.

229   Immunity from prosecution

(1)An authorised person is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done in the exercise of a power or performance of a function conferred or imposed on the authorised person under this Act.

(2)A person acting under the direction of the Minister, chief executive or an authorised officer is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done under the direction.

(3)In this section—

authorised person means—

(a)the chief executive; or

(b)an authorised officer; or

(c)an officer or other employee of the department acting under the chief executive’s authority.

230   Recreation areas management fund

(1)The Queensland Recreation Areas Management Board Fund established under the repealed Act is continued in existence as the Recreation Areas Management Fund (the fund).

(2)The Financial Accountability Act 2009 applies to the fund.

(3)Accounts for the fund must be kept as part of the departmental accounts of the department.

(4)Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.

(5)Amounts received for the fund include—

(a)amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act; and

(b)penalties, costs, fees and charges received by the department under this Act; and

(c)other amounts received by the department under this Act.

(6)An amount is payable from the fund for the purpose of this Act.

Example of an amount payable from the fund—

costs of administering this Act

(7)In this section—

departmental accounts, of the department, means the accounts of the department under the Financial Accountability Act 2009, section 69.

departmental financial-institution account, of the department, means an account of the department kept under the Financial Accountability Act 2009, section 83.

other amounts, of the department, means amounts received by the department other than amounts received for the fund.

231   Approved forms

The chief executive may approve forms for use under this Act.

232   Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)Without limiting subsection (1), a regulation may be made about any of the following—

(a)the entry to, or use of (including the conduct of persons in), a recreation area;

(b)implementing, and enforcing compliance with, approved management plans;

(c)the records and information required to be kept by persons entering or using a recreation area;

(d)the fees and charges payable under this Act;

Example—

fees and charges for conducting activities, or using services and facilities provided by the chief executive, in a recreation area

(e)the refunding of fees and charges payable under this Act and the circumstances in which a refund may be made;

(f)the waiver of fees.

(3)A regulation may prescribe a penalty of not more than 20 penalty units for a contravention of a regulation.

(4)Without limiting subsection (2)(d), a regulation may prescribe amounts as fees having regard to the costs of administering this Act for the management of recreation areas.

Part 11    Transitional provisions

Division 1 Transitional provisions for Act No. 20 of 2006

233   Dissolution of Queensland Recreation Areas Management Authority

On the commencement of this section, the Queensland Recreation Areas Management Authority established under the repealed Act is dissolved and its members go out of office.

234   Dissolution of Queensland Recreation Areas Management Board

On the commencement of this section—

(a)the Queensland Recreation Areas Management Board established under the repealed Act is dissolved and its members go out of office; and

(b)the assets, rights and liabilities of the board vest in the State; and

(c)the State is substituted for the board in all agreements to which the board is a party.

235   Existing recreation areas continue

A recreation area established under the repealed Act and in existence immediately before the commencement of this section continues in existence as a recreation area under this Act and may be amalgamated, divided or revoked under this Act.

236   Existing consents and agreements about the inclusion of land in recreation areas continue

(1)This section applies to a consent given, or agreement entered into, under the repealed Act about the inclusion of land in a recreation area if the consent or agreement is in force immediately before the commencement of this section.

(2)The consent or agreement continues in existence, subject to this Act, and is taken to have been given or entered into under this Act.

237   Existing management plans continue

(1)This section applies to a management plan for a recreation area in force under the repealed Act immediately before the commencement of this section.

(2)The plan continues in force and is taken to be an approved management plan for the area.

(3)The plan—

(a)must be read with the changes necessary to make it consistent with, and adapt its operation to, this Act; and

(b)may be amended or repealed under this Act.

238   Management plans being prepared

(1)This section applies to a management plan for a recreation area being prepared under the repealed Act.

(2)To the extent the process of preparing the plan has been completed under the repealed Act, that part of the preparation is taken to have been completed under this Act.

(3)The remaining processes required to make the plan an approved management plan may be completed under this Act.

239   Existing permits, approvals and agreements continue

(1)A permit in force under the repealed Act immediately before the commencement of this section is taken to be a permit of the following type under this Act—

(a)if the permit was a camping permit—a camping permit;

(b)if the permit was a commercial activity permit—a commercial activity permit;

(c)if the permit was a commercial tour operator permit—a commercial activity permit;

(d)if the permit was a temporary commercial tour operator permit—a commercial activity permit;

(e)if the permit was a group activity permit—a group activity permit;

(f)if the permit was a service permit—a vehicle access permit.

(2)An approval given under the repealed Act is, if its effect is not exhausted at the commencement of this section, taken to be an approval given under this Act.

(3)An agreement under the repealed Act authorising commercial activities and in force immediately before the commencement of this section is taken to be a commercial activity agreement under this Act.

240   Existing applications for permits, approvals and agreements continue

(1)An application for a permit made, but not decided, under the repealed Act before the commencement of this section is taken to be an application for a permit of the following type made under this Act—

(a)if the application was for a camping permit—a camping permit;

(b)if the application was for a commercial activity permit—a commercial activity permit;

(c)if the application was for a commercial tour operator permit—a commercial activity permit;

(d)if the application was for a temporary commercial tour operator permit—a commercial activity permit;

(e)if the application was for a group activity permit—a group activity permit;

(f)if the application was for a service permit—a vehicle access permit.

(2)An application for an approval made, but not decided, under the repealed Act before the commencement of this section is taken to be an application for an approval of the same thing made under this Act.

(3)Subsection (4) applies if—

(a)an application was made under the repealed Act for an agreement to carry out a commercial activity in a recreation area; and

(b)the agreement was not entered into before the commencement of this section; and

(c)the application was still the subject of consideration under the repealed Act immediately before the commencement.

(4)The application is taken to be an application under this Act for a commercial activity agreement.

241   Existing directions, requirements, notices and decisions continue

A direction, requirement, notice or decision (the authorisation) given or made under the repealed Act is, if its effect is not exhausted at the commencement of this section, taken to have been given or made under this Act by—

(a)if the authorisation was given or made by the Minister—the Minister; or

(b)if the authorisation was given or made by the authority or the board—the chief executive; or

(c)if the authorisation was given or made by an authorised officer—an authorised officer.

242   Existing authorised officers continue

(1)A person who held appointment as an authorised officer under the repealed Act immediately before the commencement of this section is taken to be an authorised officer under this Act.

(2)A person taken to be an authorised officer under section 22(3)(a) of the repealed Act before the commencement of this section is taken to be an authorised officer under this Act for a term of 1 year starting on the commencement of this section.

(3)For part 8, an identity card issued under the Nature Conservation Act 1992 to a person taken, under subsection (2), to be an authorised officer under this Act is, for the period mentioned in subsection (2), taken to be an identity card for the person under this Act.

243   Existing legal proceedings continue

A legal proceeding that could have been started or continued under the repealed Act by or against the Queensland Recreation Areas Management Authority or the Queensland Recreation Areas Management Board before the commencement of this section may be started or continued by or against the State under this Act.

244   Existing advisory committee continues

An advisory committee established under the repealed Act and in existence at the commencement of this section continues as if the advisory committee were established under this Act.

245   References to Recreation Areas Management Act 1988

A reference in an Act or document to the repealed Act is, if the context permits, taken to be a reference to this Act.

246   References to Queensland Recreation Areas Management Authority

A reference in an Act or document to the Queensland Recreation Areas Management Authority established under the repealed Act is, if the context permits, taken to be a reference to the State.

247   References to Queensland Recreation Areas Management Board

A reference in an Act or document to the Queensland Recreation Areas Management Board established under the repealed Act is, if the context permits, taken to be a reference to the chief executive.

248   References to Queensland Recreation Areas Management Board Fund

A reference in an Act or document to the Queensland Recreation Areas Management Board Fund established under the repealed Act is, if the context permits, taken to be a reference to the fund established under section 230.

249   Application of particular sections

(1)Section 182 applies to property whether the property was abandoned before or after—

(a)the commencement of this section; or

(b)the area where the property was abandoned was declared to be a recreation area.

(2)Section 183 applies to structures and works whether the structures were erected or the works carried out before or after—

(a)the commencement of this section; or

(b)the area where the structures were erected or the works carried out was declared to be a recreation area.

Division 2 Transitional provisions for Recreation Areas Management and Another Act Amendment Act 2014

249A   Group activity permits granted before the commencement

(1)A group activity permit for the conduct of an activity in an area that is in force immediately before the commencement continues in force and the unamended Act continues to apply for the conduct of the activity as if the amendment Act, part 3 had not been enacted.

(2)To remove any doubt, it is declared that a group activity permit continued in force under subsection (1) is, for the Nature Conservation Act 1992 and the Forestry Act 1959, taken to be an authorisation permitting the activity in the area under those Acts.

(3)In this section—

amendment Act means the Recreation Areas Management and Another Act Amendment Act 2014.

unamended Act means the Act as in force immediately before the commencement of the amendment Act, part 3.

249B   Applications for group activity permits made before commencement

An application for a group activity permit made but not decided before the commencement is taken to be an application for an organised event permit.

249C   References to group activity or group activity permit

(1)A reference in an Act or document to a group activity may, if the context permits, be taken to be a reference to an organised event.

(2)A reference in an Act or document to a group activity permit may, if the context permits, be taken to be a reference to an organised event permit.

250   [Expired]

Part 12    Repeal and consequential amendments

251   Act repealed

The Recreation Areas Management Act 1988 No. 110 is repealed.

252   [Repealed]

253   [Repealed]

Schedule Dictionary

section 3

additional conditions notice, for an e-permit camping area, means a notice erected or displayed near an e-permit camping notice stating conditions, applying to a person camping in the area, additional to the conditions stated in the e-permit camping notice.

aircraft includes a helicopter.

appellable decision ...

approved management plan means a final management plan approved under section 22.

area land-holder means any of the following for land in a recreation area—

(a)for freehold land—the registered owner of the land;

(b)for land subject to a lease or licence under the Land Act 1994—the holder of the lease or licence;

(c)for a reserve under the Land Act 1994 placed under the control of a trustee—the trustee;

(d)for land subject to a mining interest—the holder of the interest;

(e)for land subject to an exclusive possession determination—the holder of the native title rights and interests under the determination;

(f)

for land (licence area) subject to a plantation licence under the Forestry Act 1959—

(i)the chief executive of the department in which that Act is administered; and

(ii)the plantation licensee for the licence area;

(g)for State land—the chief executive of the department administering the land.

assistance dog ...

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

(a)the commercial activity authorised to be conducted under the agreement; and

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

authorised officer means a person appointed as an authorised officer under this Act.

buyer, for part 5, division 6, see section 94(1).

camp includes each of the following—

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

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

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

(d)to stay overnight, other than as part of an activity that—

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

(ii)is generally not considered to be camping.

camping fee means the fee prescribed under a regulation for camping in a recreation area.

camping fee container see section 218(3).

camping fee envelope see section 218(5)(b).

camping form see section 218(3).

camping permit includes a camping permit taken to have been granted under—

(a)section 37(2) or (3) for an e-permit camping area; and

(b)section 37(4) for a self-registration camping area.

camping tag means a tag made available by the chief executive for display at a person’s camp site to show the person has a camping permit for the site.

commercial activity—

1

A commercial activity is an activity conducted for gain.

Examples of activities conducted for gain—

•the hire or sale of goods or services

•commercial photography

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

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

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

2

A commercial activity does not include—

(a)an exempt activity; or

(b)an exempt media activity; or

(c)filming or photography that—

(i)involves no more than 10 people; and

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

commercial activity agreement means an agreement entered into under section 69.

commercial activity permit see section 34(1)(d).

corresponding authority means a permit, licence or other authority issued under another law of the State, authorising entry to, the use of, or the doing of a thing in, an area within a recreation area for an activity or purpose for which a permit or other authority may be issued under this Act.

cultural resources, of a recreation area, means places or objects having an anthropological, archaeological, historical, scientific, spiritual or sociological significance or value, including a significance or value of that kind under Aboriginal tradition or Island custom.

demerit point means a demerit point accumulated under section 142.

department’s website means the department’s website on the internet.

determination of native title see the Native Title Act 1993 (Cwlth), section 225.

e-permit camping area means a recreation area, or part of a recreation area, stated to be an e-permit camping area by an e-permit camping notice.

e-permit camping notice see section 216.

exclusive possession determination, for land, means a determination of native title that includes a determination to the effect that native title rights and interests under the determination confer possession of the land on native title holders to the exclusion of all others.

executive officer, of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive officer.

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

Examples of exempt activities—

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

•conducting an activity in a recreation area if the activity involves a trade and is conducted for the chief executive or an area land-holder

•providing a mechanical or vehicle towing service for a visitor in a recreation area

•commercial fishing under the Fisheries Act 1994, other than a commercial fishing tour

exempt media activity means an activity that is—

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

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

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

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

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

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

external review, for a decision, means a review of the decision by QCAT under the QCAT Act.

group activity ...

guide dog ...

hearing dog ...

indigenous joint management area means an area declared under the Nature Conservation Act 1992 as an indigenous joint management area.

indigenous management agreement see the Aboriginal Land Act 1991, schedule 1.

information notice, about a decision, means a notice stating each of the following—

(a)the decision;

(b)the reasons for the decision;

(c)how the person receiving the notice may apply for a review of the decision;

(d)that the person receiving the notice may apply, as provided under the QCAT Act, to QCAT for a stay of the decision.

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

internal review decision see section 208(1)(b).

joint permission means an instrument that includes more than 1 of the following—

(a)a commercial activity permit;

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

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

joint permission permit means a commercial activity permit forming part of a joint permission.

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

land includes—

(a)land that is, or is at any time, covered by water; and

(b)Queensland waters.

management intent, for a recreation area, includes an outline of each of the following—

(a)the goals intended to be achieved by managing the area;

(b)the policies to be implemented to achieve the goals.

marine park Act means either of the following—

(a)the Marine Parks Act 2004;

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

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

mining interest means—

(a)a mining claim, mineral development licence or mining lease under the Mineral Resources Act 1989; or

(b)a petroleum lease under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or

(c)a potential commercial area declared under the Petroleum and Gas (Production and Safety) Act 2004.

motor vehicle—

1

Motor vehicle includes a bus, car, motorbike, quad, tractor, trike or truck.

2

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

native title party, for an area, means—

(a)a registered native title body corporate under the Native Title Act 1993 (Cwlth), section 253 for the area; or

(b)an entity, other than a registered native title body corporate, that is the subject of a determination of native title under the Native Title Act 1993 (Cwlth), and is registered on the National Native Title Register as holding native title rights and interests for the area; or

(c)a registered native title claimant under the Native Title Act 1993 (Cwlth), section 253 for the area; or

(d)if there is no registered native title claim for the area and an entity has filed a native title determination application in the Federal Court for the area—the entity.

natural resources, of a recreation area, means the natural and physical features and processes of the area, including living organisms, soil, water, minerals and air.

organised event—

1

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

(a)the location of the part;

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

(c)the type of activity;

(d)the timing of the activity;

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

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

Examples of an activity that may be an organised event—

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

2

An organised event does not include an activity—

(a)conducted in a recreation area by a relevant Aboriginal or Torres Strait Islander entity for the area, under Aboriginal tradition or Island custom; or

(b)authorised under a recreation area agreement.

organised event permit means an organised event permit issued under part 4, division 4.

other party, for a commercial activity agreement, see section 89.

permit means a permit issued under this Act.

permit fee means the fee prescribed under a regulation for a permit issued under this Act.

personal water craft means a power driven device that—

(a)has a fully enclosed hull designed not to take on water if capsized; and

(b)is designed to be operated by a person standing, crouching or kneeling on it or sitting astride it.

place includes vacant land or premises.

prescribed commercial activity means a commercial activity declared under section 97 to be a prescribed commercial activity.

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

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

(b)does not include—

(i)a camera or camera accessories; or

(ii)a tripod; or

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

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

(v)a vehicle used only for transport or camping under a permit or commercial activity agreement under this Act, the Forestry Act 1959 or the Nature Conservation Act 1992.

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

public notice means a notice published in—

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

(b)a newspaper circulating throughout the State.

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

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

recreational craft means a hot-air balloon, hang-glider, hovercraft, parachute, paraglider, ultralight aircraft or other craft or device prescribed under a regulation.

recreation area means an area declared under section 7 to be a recreation area.

recreation area agreement see section 6(2).

recreation management condition see section 72(1).

registrar of titles means the registrar of titles under the Land Title Act 1994.

regulatory notice see section 99.

relevant Aboriginal or Torres Strait Islander entity, for a recreation area or proposed recreation area, means—

(a)a native title party for the area; or

(b)an Aboriginal party for the area under the Aboriginal Cultural Heritage Act 2003; or

(c)a Torres Strait Islander party for the area under the Torres Strait Islander Cultural Heritage Act 2003; or

(d)a person entitled, under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 61, to take marine products or fauna in the area.

relevant details, for an organised event permit, a commercial activity permit, a commercial activity agreement or a corresponding authority, means the details needed to identify the following matters—

(a)the name of the person to whom the permit or authority has been issued or the name of the other party to the agreement;

(b)the date on which the permit, agreement or authority was issued or entered into;

(c)the recreation area, or the part of a recreation area, to which the permit, agreement or authority applies;

(d)the activity authorised under the permit, agreement or authority.

repealed Act means the repealed Recreation Areas Management Act 1988.

restricted access area means an area declared to be a restricted access area under section 101 or 102.

restricted access area notice see section 101(1).

reviewable decision means a decision of the chief executive for which an information notice must be given.

review decision ...

review notice ...

self-registration camping area, see section 218.

self-registration camping notice, see section 218(1).

seller, for part 5, division 6, see section 94(1).

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.

State land means all land in Queensland that is not—

(a)freehold land (other than freehold land for which the State is the registered proprietor); or

(b)land contracted to be granted in fee simple by the State; or

(c)a reserve under the Land Act 1994 under the control of a trustee who does not represent the State; or

(d)subject to a lease or licence under the Land Act 1994; or

(e)subject to a mining interest; or

(f)subject to an exclusive possession determination; or

(g)subject to a plantation licence under the Forestry Act 1959.

support dog means any of the following dogs under the Guide, Hearing and Assistance Dogs Act 2009—

(a)an assistance dog;

(b)a guide dog;

(c)a hearing dog;

(d)a trainee support dog.

under control, for a dog, means—

(a)a person who is physically able to control the dog is holding the dog by a leash; or

(b)the dog is securely tethered to a fixed object and is under the supervision of a person who is physically able to control the dog; or

(c)the dog is being transported in an enclosed vehicle, carry cage or other suitable closed container; or

(d)the dog is being transported on the tray of a vehicle and is securely tethered so as to be confined to the vehicle tray.

vehicle includes a bicycle, hovercraft, motor vehicle and any other form of transport designed for movement over land.

vessel includes a barge, boat, ferry, hovercraft, personal water craft, pontoon, water taxi or other thing capable of carrying people or goods through water.

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