Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 (Qld)

Queensland Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Subordinate Legislation 2015 No. 110 made under the Forestry Act 1959 Nature Conservation Act 1992 Recreation Areas Management Act 2006 Contents Part 1 1 2 Part 2 3 4 5 6 Part 3 7 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Forestry Regulation 2015 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 27 (Approval requirement for conditionally registered vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 6 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Nature Conservation (Administration)Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of ss 10, 19, 23 and 145 . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 140 (Reduced application fee for commercial or group activity permits or commercial activity agreements). . . . . . . . . . . 5 Insertion of new s 141A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 141A Reduced application fee for transfer of particular joint marine park authority permits if equivalent fee paid under another Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Contents 11 12 13 14 Part 4 15 16 17 18 19 20 21 Part 5 22 23 24 25 26 27 Page 2 Amendment of s 142 (Reduced additional daily fee for commercial or group activity permits if equivalent fee paid under another Act). . 7 Insertion of new pt 12, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 5 Transitional provisions for Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 183 Group activity permits granted before commencement 7 184 Applications for group activity permits made before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 185 References to group activity or group activity permit . 8 Amendment of sch 3 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of Nature Conservation (Protected Areas Management) Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of various provisions to replace ‘a group activity’ with ‘an organised event’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of ch 4, pt 10, hdg (Group activity permits) . . . . . . . 11 Amendment of s 67 (Conducting particular activities in particular areas authorised under permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of s 99 (Unlawfully conducting group activity) . . . . . 11 Insertion of new ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Chapter 9 Transitional provision for Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 154 Group activity permits granted before commencement 12 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Recreation Areas Management Regulation2007 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of various provisions to replace ‘group activity’ with ‘organised event’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 49 (Reduced application fee for group activity permits and commercial activity permits and agreements if equivalent fee paid under another Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 50A Reduced application fee for transfer of particular commercial activity permits if equivalent fee paid under another Act 14 Amendment of s 51 (Reduced additional daily fee for group or commercial activity permit if equivalent fee paid under another Act) 15 Amendment of sch 3 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2015 SL No. 110

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Contents 28 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16 2015 SL No. 110 Page 3

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 . 2 Commencement This regulation commences on 28 August 2015. Part 2 Amendment of Forestry Regulation 2015 3 Regulation amended This part amends the Forestry Regulation 2015. 4 Amendment of s 27 (Approval requirement for conditionally registered vehicle) Section 27(2)(d), ‘a group activity’— omit, insert— an organised event 5 Amendment of sch 6 (Fees) Schedule 6, item 7, ‘Group activity’— omit, insert— Organised event Page 4 2015 SL No. 110

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Nature Conservation (Administration) Regulation 2006 [s 6] 6 Amendment of sch 7 (Dictionary) Schedule 7, definition group activity permit , ‘group activity’— omit, insert— organised event Part 3 Amendment of Nature Conservation (Administration) Regulation 2006 7 Regulation amended This part amends the NatureConservation(Administration)Regulation 2006. 8 Amendment of ss 10, 19, 23 and 145 Sections 10(i), 19(i), 23(4), definition relevant fee , paragraph (c) and 145(3), ‘a group activity’— omit, insert— an organised event 9 Amendment of s 140 (Reduced application fee for commercial or group activity permits or commercial activity agreements) (1) Section 140, heading, ‘or group activity’— omit, insert— activity permits, organised event (2) Section 140(1), ‘group activity’— omit, insert— organised event 2015 SL No. 110 Page 5

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Nature Conservation (Administration) Regulation 2006 [s 10] 10 Insertion of new s 141A Part 8, after section 141— insert— 141A Reduced application fee for transfer of particular joint marine park authority permits if equivalent fee paid under another Act (1) This section applies to an application to transfer a joint marine park authority permit under part 2, division 7 (a transfer application ) if— (a) the commercial activity for which the permit is held is conducted in— (i) a protected area; and (ii) a recreation area under the RecreationAreas Management Act 2006 ; and (b) the applicant has also made an application under the RecreationAreasManagementAct 2006 to transfer the permit in relation to conducting the activity in the recreation area (the related application ); and (c) the applicant has paid an application fee (however called) for the related application; and (d) the chief executive is satisfied the transfer application and related application can be considered together. (2) The chief executive may waive all or part of the fee payable for the transfer application. (3) However, if the application fee payable for the transfer application is higher than the application fee paid for the related application, the chief executive can only waive an amount equivalent to the application fee paid for the related application. Page 6 2015 SL No. 110

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Nature Conservation (Administration) Regulation 2006 [s 11] 11 Amendment of s 142 (Reduced additional daily fee for commercial or group activity permits if equivalent fee paid under another Act) (1) Section 142, heading, ‘or group activity’— omit, insert— activity or organised event (2) Section 142(1)(a), ‘a group activity’— omit, insert— an organised event 12 Insertion of new pt 12, div 5 Part 12— insert — Division 5 Transitional provisions for Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 183 Group activity permits granted before commencement (1) This section applies to a group activity permit for the conduct of an activity in a protected area that is in force immediately before the commencement. (2) The permit continues in force and the unamended regulation continues to apply for the conduct of the activity as if the amendment regulation had not commenced. (3) In this section— 2015 SL No. 110 Page 7

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Nature Conservation (Administration) Regulation 2006 [s 13] amendment regulation means the Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 . unamended regulation means the regulation as in force immediately before the commencement. 184 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. 185 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. 13 Amendment of sch 3 (Fees) (1) Schedule 3, part 1, division 2, item 10(c)(v)— omit, insert— (v) for a term of more than 3 years— (A) for the first 3 years of the term . . . . . . . . . . . 706.00 (B) for each year after the third year . . . . . . . . . . 235.60 (2) Schedule 3, part 1, division 2, item 11, ‘Group activity’— omit, insert — Organised event Page 8 2015 SL No. 110

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 3 Amendment of Nature Conservation (Administration) Regulation 2006 [s 14] 14 Amendment of sch 7 (Dictionary) Schedule 7— insert— organised event — 1 An organised event is a non-commercial activity involving the organised use of a part of a protected area that is likely to have a detrimental impact on the part, or affect the use of the area by other persons, having regard to the following— (a) the location of the part; (b) the number of people, vehicles or 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 that is conducted— (a) by a community or group of Aboriginal people under Aboriginal tradition in a protected area with which the community or group has a traditional, 2015 SL No. 110 Page 9

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 4 Amendment of Nature Conservation (Protected Areas Management) Regulation 2006 [s 15] customary or historical link under Aboriginal tradition; or (b) by a community or group of Torres Strait Islanders under Island custom in a protected area with which the community or group has a traditional, customary or historical link under Island custom; or (c) under an authority (however called) under the Act. Part 4 Amendment of Nature Conservation (Protected Areas Management) Regulation 2006 15 Regulation amended This part amends the Nature Conservation (Protected Areas Management) Regulation 2006. 16 Amendment of various provisions to replace ‘a group activity’ with ‘an organised event’ Each of the following provisions is amended by omitting ‘a group activity’ and inserting ‘an organised event’— • section 52(2), definition prescribed activity permit , paragraph (e) • section 75(1) • section 78(3)(d)(ii) • section 80(1) • section 88(2), definition prescribed authority , paragraph (i) Page 10 2015 SL No. 110

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 4 Amendment of Nature Conservation (Protected Areas Management) Regulation 2006 [s 17] • section 100 • section 115(2)(c) 17 Amendment of ch 4, pt 10, hdg (Group activity permits) Chapter 4, part 10, heading, ‘Group activity’— omit, insert— Organised event 18 Amendment of s 67 (Conducting particular activities in particular areas authorised under permit) Section 67, ‘A group activity’— omit, insert— An organised event 19 Amendment of s 99 (Unlawfully conducting group activity) (1) Section 99, heading, ‘group activity’— omit, insert— organised event (2) Section 99(1) and (2), ‘a group activity’— omit, insert— an organised event 20 Insertion of new ch 9 After section 153— insert — 2015 SL No. 110 Page 11

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 4 Amendment of Nature Conservation (Protected Areas Management) Regulation 2006 [s 21] Chapter 9 Transitional provision for Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 154 Group activity permits granted before commencement (1) This section applies to a group activity permit for the conduct of an activity in a protected area that is in force immediately before the commencement. (2) The unamended regulation continues to apply for the conduct of the activity as if the amendment regulation had not commenced. (3) In this section— amendment regulation means the Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 . unamended regulation means the regulation as in force immediately before the commencement. 21 Amendment of sch 9 (Dictionary) (1) Schedule 9, definition group activity — omit . (2) Schedule 9, definition activity permit , paragraph (i), ‘a group activity’— omit, insert— Page 12 2015 SL No. 110

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 5 Amendment of Recreation Areas Management Regulation 2007 [s 22] an organised event (3) Schedule 9, definition restrictive act , paragraph (a), ‘a group activity’— omit, insert— an organised event Part 5 Amendment of Recreation Areas Management Regulation 2007 22 Regulation amended This part amends the RecreationAreasManagementRegulation 2007 . 23 Amendment of various provisions to replace ‘group activity’ with ‘organised event’ Each of the following provisions is amended by omitting ‘group activity’ and inserting ‘organised event’— • section 36 • section 38 • section 39 • section 41 • section 43 • section 44(a) • section 45 • section 46 • section 47(1)(a) and (b) 2015 SL No. 110 Page 13

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 5 Amendment of Recreation Areas Management Regulation 2007 [s 24] 24 Amendment of s 49 (Reduced application fee for group activity permits and commercial activity permits and agreements if equivalent fee paid under another Act) (1) Section 49, heading, ‘group activity’— omit, insert— organised event (2) Section 49(1), ‘a group activity’— omit, insert— an organised event (3) Section 49(1)(a), ‘group activity’— omit, insert— organised event 25 Insertion of new s 50A Part 9, after section 50— insert— 50A Reduced application fee for transfer of particular commercial activity permits if equivalent fee paid under another Act (1) This section applies to an application to transfer a joint permission permit under the Act, part 4, division 5A (a transfer application ) if— (a) the permit forms part of a joint permission; and (b) the commercial activity for which the permit is held is conducted in— (i) a protected area under the NatureConservation Act 1992 ; and (ii) a recreation area; and (c) the applicant has also made an application to transfer the permit in relation to conducting Page 14 2015 SL No. 110

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 5 Amendment of Recreation Areas Management Regulation 2007 [s 26] the activity in the protected area (the related application ); and (d) the applicant has paid an application fee (however called) for the related application; and (e) the chief executive is satisfied the transfer application and related application can be considered together. (2) The chief executive may waive all or part of the transfer fee payable under schedule 3 for the transfer application. (3) However, if the transfer fee payable for the transfer application is higher than the application fee paid for the related application, the chief executive can only waive an amount equivalent to the application fee paid for the related application. 26 Amendment of s 51 (Reduced additional daily fee for group or commercial activity permit if equivalent fee paid under another Act) (1) Section 51, heading, ‘group’— omit, insert— organised event (2) Section 51(1)(a), ‘a group activity’— omit, insert— an organised event (3) Section 51(2), ‘group activity’— omit, insert— organised event 2015 SL No. 110 Page 15

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 5 Amendment of Recreation Areas Management Regulation 2007 [s 27] 27 Amendment of sch 3 (Fees) (1) Schedule 3, item 10, ‘Group activity’— omit, insert— Organised event (2) Schedule 3, item 13(c)(iv)— omit, insert— (iv) for a term of more than 2 years but not more than 3 years. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 706.00 (v) for a term of more than 3 years— (A) for the first 3 years of the term . . . . . . . . . . . 706.00 (B) for each year after the third year . . . . . . . . . . 235.60 (3) Schedule 3, item 13— insert— (ca) transfer fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155.20 (4) Schedule 3, item 13(ca) to (e)— renumber as schedule 3, item 13(d) to (f). 28 Amendment of sch 4 (Dictionary) (1) Schedule 4, definition relevant group activity permit — omit . (2) Schedule 4— insert— relevant organised event permit means an organised event permit under which— (a) camping is authorised; or (b) special access is allowed, special supervision is needed, or an area is reserved for use, for an activity conducted under the permit. Page 16 2015 SL No. 110

Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015 Part 5 Amendment of Recreation Areas Management Regulation 2007 [s 28] (3) Schedule 4, definition client , paragraph (b), ‘a group activity’— omit, insert— an organised event (4) Schedule 4, definition people-based activity , ‘a group activity’— omit, insert— an organised event (5) Schedule 4, definition special access , ‘a group activity’— omit, insert— an organised event (6) Schedule 4, definition special supervision , ‘a group activity’— omit, insert— an organised event (7) Schedule 4, definition vehicle-based activity , ‘a group activity’— omit, insert— an organised event ENDNOTES 1 Made by the Governor in Council on 27 August 2015. 2 Notified on the Queensland legislation website on 28 August 2015. 3 The administering agency is the Department of National Parks, Sport and Racing. © State of Queensland 2015 Authorised by the Parliamentary Counsel 2015 SL No. 110 Page 17