Recreation Areas Management Act Amendment Act 1990 (Qld)

221 RECREATION AR E AS M A NAGEM E NT A C T A MENDME N T ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Citation 4. Amendment of s. 3. Objectives of Act 5. Amendment of s. 5. Interpretation 6. Amendment of s. 6. Application of laws, etc. 7. Amendment of s. 15. Membership of Board 8. Amendment of s. 18. Functions and powers of Board 9. Amendment of s. 20. Management plan for Recreation Area 10. Insertion of new s. 20A Amendment of management plan for Recreation Area 11. Amendment of s. 21. Review of management plan 12. Amendment of s. 27. Power of Board to grant permits 13. Repeal of Part XI. Repeal of Fraser Island Public Access Act 1985 ueenslana ANNO TRICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No . 1 4 of 1 990 An Act to amend the Recreation Areas Management Act1988 in certain particulars [ASSENTED TO 25TH MAY, 1990]

222 Recreation Areas Management Act Amendment Act 1990, No. 14 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Recreation Areas Management Act Amendment Act 1990. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act, or those provisions as may be specified, commence on a day or days to be appointed by Proclamation. 3. Citation . ( 1) In this Act the RecreationAreasManagement Act1988 is referred to as the Principal Act. (2) The Principal Act, as amended by this Act, may be cited as the RecreationAreasManagementAct 1988-1990. 4. Amendment of s. 3. O bjectives of Act. Section 3 of the Principal Act is amended by deleting paragraphs (a) and (b) and inserting the following paragraphs:- "(a) to provide, coordinate, integrate and improve recreational planning, recreational facilities and recreational management on Recreation Areas taking into account their conservation, recreation, education and production values and the interests of the proprietors; (b) to provide for joint management of any Recreation Area where necessary or desirable without derogating from the rights, duties, powers and responsibilities of- (i) the Director of National Parks and Wildlife under the National Parks and Wildlife Act 1975-1989; or (ii) the Conservator of Forests under the Forestry Act 1959- 1987; or (iii) any other proprietor in relation to a Recreation Area.". 5. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by deleting the definition "chief executive". 6. Amendment of s. 6 . Application of laws, etc . Section 6 (1) of the Principal Act is amended by- (a) deleting the words "Subject to this Act, the"; and (b) inserting the word "The" before the word "provisions".

Recreation Areas Management Act Amendment Act 1990, 223 No. 14 7. Amendment of s. 15. Membership of Board . Section 15 of the Principal Act is amended by deleting paragraph (b) and substituting the following:- "(b) the person who holds the appointment Director of National Parks and Wildlife under the National Parks and WildlifeAct 1975-1989.". 8. Amendment of s. 18 . Functions and powers of Board . Section 18 of the Principal Act is amended by- (a) deleting from subsection (1) paragraph (b) and substituting the following:- "(b) to provide, coordinate, integrate and improve recreational planning, recreational facilities and recreational management of Recreation Areas taking into account their conservation, recreation, education and production values and the interests of the proprietors;"; (b) deleting from subsection (4) paragraph (b) and substituting the following:- "(b) to grant on such terms and conditions as it thinks fit any person the right or privilege to carry on any recreation related activities in a Recreation Area including the right to operate a concession or franchise;". 9. Amendment of s. 20 . Management plan for Recreation Area: Section 20 of the Principal Act is amended by- (a) deleting subsection (1) and substituting the following- "(1) The Board shall, as soon as practicable, after a Recreation Area has been set apart and declared under this Act, cause to be prepared a management plan consisting, of a comprehensive statement of specific recreational objectives for the planning, development and management of that Recreation Area. The management plan shall take into account the objectives of the proprietors and also the values of that Recreation Area in respect of conservation, recreation, education and production"; (b) inserting following subsection (6) the following subsections:- "(7) Upon receipt of the final management plan the Authority, if in agreement with that plan, may cause the plan to be submitted to the Governor in Council, who may, by Order in Council, approve that plan. (8) Upon publication of an Order in Council approving a final management plan the Authority shall, as soon as practicable thereafter, ensure that the plan is reproduced and made available to the general public upon payment of such fee, if any, as the Authority considers appropriate.".

224 Recreation Areas Management Act Amendment Act 1990, No. 14 10. Insertion of new s. 20A. The Principal Act is amended by inserting following section 20 the following section:- " 20A. Amendment of management plan for Recreation Area. (1) The Authority may, at any time following a recommendation by the Board, recommend to the Governor in Council that a final management plan be amended. (2) The Governor in Council upon receipt of such recommendation, may by Order in Council approve the amendment of the final management plan and from the date of publication of such Order in Council the amendment shall form part of the final management plan. (3) Upon publication of an Order in Council approving the amendment of a final management plan the Authority must, as soon as practicable thereafter, ensure that the amendment is reproduced and made available to the general public upon payment of such fee, if any, as the Authority considers appropriate.". 11. Amendment of s. 21. Review of management plan: Section 21 of the Principal Act is amended by deleting subsection (2) and inserting the following subsection:- "(2) The Board, in conducting a review in accordance with subsection (1), is to proceed as if,the review were a management plan to be prepared in accordance with section 20.". 12. Amendment of s. 27. Power of Board to grant permits. Section 27 of the Principal Act is amended by deleting subsection (5) and substituting the following subsection:- "(5) Subject to section 6, a permit granted under this section is- (a) for the purposes of the National Parks and Wildlife Services Act 1975-1989; (b) for the purposes of the Forestry Act 1959-1987; and (c) for the purpose of any other Act or provision prescribed under section 6 (1) (b) to be taken to be a permit lawfully granted under that Act or provision.". 13. Repeal of Part XI . Repeal of Fraser IslandPublic Access Act1985