Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021

1Short title

This regulation may be cited as the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021.

2Commencement

The following provisions commence on 1 January 2022—

(a)section 7;

(b)section 26;

(c)section 30(1), to the extent it omits the definitions harvest macropod and harvest period;

(d)section 30(2);

(e)parts 8 and 9.

3Regulation amended

This part amends the Environmental Offsets Regulation 2014.

4Amendment of s 6 (Environmental offsets policy—Act, s 12)

Section 6, ‘Queensland Environmental Offsets Policy (version 1.10)’—
omit, insert—

Queensland Environmental Offsets Policy (version 1.11)

5Regulation amended

This part amends the Nature Conservation (Animals) Regulation 2020.

6Amendment of s 66 (Keeping and using particular fish for non-commercial purposes)

(1)Section 66(3), definition relevant species, paragraphs (a) to (c)—
omit, insert—

(a)Elizabeth Springs goby (Chlamydogobius micropterus);

(b)Edgbaston goby (Chlamydogobius squamigenus);

(c)redfin blue eye (Scaturiginichthys vermeilipinnis);

(2)Section 66(3), definition relevant species, paragraph (e), ‘blue-eye’—
omit, insert—

blue eye

7Amendment of s 133 (Way animal to be taken)

(1)Section 133(1), note 2, from ‘macropod’—
omit, insert—

macropod, including taking a harvest macropod in a harvest period.

(2)Section 133(2)—
omit.

(3)Section 133(3)—
renumber as section 133(2).

8Replacement of s 239 (Suitability based on demerit points, suspensions and cancellations)

Section 239—
omit, insert—

239Suitability based on other matters

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

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

(a)the person, or an associate of the person, has accumulated 10 or more demerit points under section 240 within 3 years before the relevant day; or

(b)the person, or an associate of the person, was the holder of a relevant authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 240; or

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

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

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

(3)In this section—

relevant authority means—

(a)an animal authority; or

(b)a licence, permit or other authority granted under the repealed Nature Conservation (Administration) Regulation 2017, section 11, 12, or 13.

9Amendment of s 341 (Approved person may keep records and give returns of operations)

Section 341(1), ‘return or operations’—
omit, insert—

return of operations

10Insertion of new ch 12, pt 4

Chapter 12—
insert—

Part 4 Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021

423Continuing application of former s 239 to existing applications

(1)This section applies if—

(a)before the commencement, a person made an application (the existing application) for the grant, amendment or renewal of an animal authority; and

(b)immediately before the commencement, the existing application had not been decided.

(2)Former section 239 continues to apply in relation to the existing application as if the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021 had not commenced.

(3)In this section—

former section 239 means section 239 as in force immediately before the commencement.

11Amendment of sch 1, s 2 (Mammals)

Schedule 1, section 2—
insert—

Conilurus capricornensis	Capricorn rabbit-rat
Pseudomys glaucus	blue-grey mouse
Pteropus brunneus	Percy Island flying-fox

12Amendment of sch 1, s 8 (Mammals)

Schedule 1, section 8, entry for Pteropus brunneus—
omit.

13Amendment of sch 1, s 12 (Amphibians)

Schedule 1, section 12—
insert—

Taudactylus rheophilus

northern tinkerfrog

14Amendment of sch 1, s 15 (Reptiles)

Schedule 1, section 15—
insert—

Emydura subglobosa angkibaanya	Jardine River turtle
Oedura lineata	Arcadia velvet gecko
Orraya occultus	McIlwraith leaf-tailed gecko
Phyllurus pinnaclensis	Pinnacles leaf-tailed gecko
Saltuarius eximius	Cape Melville leaf-tailed gecko

15Amendment of sch 1, s 19 (Amphibians)

(1)Schedule 1, section 19, entry for Taudactylus rheophilus—
omit.

(2)Schedule 1, section 19—
insert—

Cophixalus aenigma

tapping nursery frog

16Amendment of sch 1, s 20 (Birds)

Schedule 1, section 20—
insert—

Probosciger aterrimus macgillivrayi

southern palm cockatoo

17Amendment of sch 1, s 23 (Mammals)

Schedule 1, section 23—
insert—

Petauroides volans (southern and central populations)

greater glider (southern and central populations)

18Amendment of sch 1, s 29 (Birds)

Schedule 1, section 29, entry for Probosciger aterrimus—
omit.

19Amendment of sch 1, s 32 (Mammals)

(1)Schedule 1, section 32, entries for Megaptera novaeangliae and Petauroides volans—
omit.

(2)Schedule 1, section 32—
insert—

Petauroides minor	northern greater glider
Petaurus australis australis	yellow-bellied glider (south-eastern subspecies)

20Amendment of sch 1, s 33 (Reptiles)

Schedule 1, section 33, entries for Emydura subglobosa subglobosa and Orraya occultus—
omit.

21Amendment of sch 1, s 37 (Amphibians)

Schedule 1, section 37, entry for Cophixalus aenigma—
omit.

22Amendment of sch 1, s 54 (Reptiles)

Schedule 1, section 54—
insert—

Leiopython sp.

white-lipped python

23Plan amended

This part amends the Nature Conservation (Koala) Conservation Plan 2017.

24Amendment of s 16 (Restriction on grant of scientific purposes permit authorising release into wild)

Section 16, heading, ‘scientific purposes’—
omit, insert—

research

25Plan amended

This part amends the Nature Conservation (Macropod) Conservation Plan 2017.

26Replacement of pt 3, div 2

Part 3, division 2—
omit, insert—

Division 2 Harvest periods and harvest period notices

11Harvest period notices

(1)The chief executive may, by publishing a notice on a relevant website (a harvest period notice), declare a period to be a harvest period for taking macropods.

(2)Before publishing a harvest period notice, the chief executive must have regard to—

(a)the precautionary principle; and

(b)the Queensland wildlife trade management plan for macropods.

(3)A harvest period notice must state the following information—

(a)the days on which the harvest period starts and ends;

(b)each species of macropod (each a harvest macropod species) that may be taken during the harvest period;

(c)the size (the minimum area) that the skin of a harvest macropod must exceed if the macropod is taken, during the harvest period, for its skin only;

(d)the weight (the minimum whole weight) that the whole form carcass of a harvest macropod must exceed if the macropod is taken, during the harvest period, for its meat only or for both its meat and skin;

(e)the weight (the minimum dressed weight) that the dressed carcass of a harvest macropod must exceed if the macropod is taken, during the harvest period, for its meat only or for both its meat and skin.

(4)For subsection (3), the harvest period notice may state that—

(a)all macropod species may be taken during the harvest period; or

(b)there is no minimum area for harvest macropods; or

(c)there is no minimum whole weight for harvest macropods; or

(d)there is no minimum dressed weight for harvest macropods.

12Harvest regions, harvest zones and maximum take number

(1)The chief executive may, in a harvest period notice, declare 1 or more areas within the State to be—

(a)a harvest region for the harvest period stated in the notice; or

(b)a harvest zone for the harvest period stated in the notice.

(2)If the chief executive declares a harvest region or harvest zone for a harvest period under subsection (1), the chief executive may, in the harvest period notice, also declare the maximum number (the maximum take number) of macropods, of 1 or more harvest macropod species, that may be taken in the region or zone during the period.

Note—

See also section 14B in relation to early ending of harvest periods for harvest zones or harvest regions.

13Conditions for harvest period notices

(1)The chief executive may, in a harvest period notice, state conditions on the taking of harvest macropods during the harvest period stated in the notice.

Example—

A harvest period notice may state 1 or more ways in which a harvest macropod must be taken.

(2)A condition stated in a harvest period notice—

(a)is taken to be a condition that applies to all macropod harvesting licences; and

(b)prevails over any other condition of a macropod harvesting licence to the extent of any inconsistency.

Notes—

1Failure to comply with a condition of an animal authority is an offence under the Nature Conservation (Animals) Regulation 2020, section 318.

2Also, under the Nature Conservation (Animals) Regulation 2020, chapter 5, part 6, failure to comply with a condition of an animal authority is a ground for amendment, suspension or cancellation of the authority.

14Size requirement for skin of harvest macropod taken for skin only

(1)This section applies if—

(a)the holder of a macropod harvesting licence intends to take a harvest macropod—

(i)under the licence; and

(ii)during a harvest period stated in a harvest period notice; and

(iii)for the macropod’s skin only; and

(b)the harvest period notice states a minimum area for the macropod.

(2)The holder must not take the harvest macropod if the holder reasonably believes the size of the macropod’s skin will be less than the minimum area.

Maximum penalty—120 penalty units.

(3)Without limiting subsection (2), the holder contravenes subsection (2) if the size of the harvest macropod’s skin is or becomes less than the minimum area at any time—

(a)starting when the macropod is taken; and

(b)ending when the holder sells, gives away, processes or otherwise disposes of the skin.

14AWeight requirement for carcass of harvest macropod taken for meat only or meat and skin

(1)This section applies if—

(a)the holder of a macropod harvesting licence intends to take a harvest macropod—

(i)under the licence; and

(ii)during a harvest period stated in a harvest period notice; and

(iii)for the macropod’s meat only or for both the macropod’s meat and skin; and

(b)the harvest period notice states—

(i)a minimum whole weight for the macropod; or

(ii)a minimum dressed weight for the macropod.

(2)The holder must not take the harvest macropod if the holder reasonably believes—

(a)if subsection (1)(b)(i) applies—the weight of the whole form carcass of the macropod will be less than the minimum whole weight; or

(b)if subsection (1)(b)(ii) applies—the weight of the dressed carcass of the macropod will be less than the minimum dressed weight.

Maximum penalty—120 penalty units.

(3)Without limiting subsection (2), the holder contravenes subsection (2)(a) if the weight of the whole form carcass of the harvest macropod is or becomes less than the minimum whole weight at any time—

(a)starting when the macropod is taken; and

(b)ending when the macropod is dressed.

(4)Without limiting subsection (2), the holder contravenes subsection (2)(b) if the weight of the dressed carcass of the harvest macropod is or becomes less than the minimum dressed weight at any time—

(a)starting when the macropod is dressed; and

(b)ending when the holder sells, gives away, processes, consumes or otherwise disposes of the macropod.

14BEarly ending of harvest period for harvest regions or harvest zones

(1)This section applies if—

(a)a harvest period notice declares 1 or more harvest regions or harvest zones for a harvest period; and

(b)the chief executive is satisfied—

(i)the maximum take number, for a harvest macropod species in a harvest region or harvest zone, is likely to be exceeded in the harvest period; or

(ii)it is necessary to end the harvest period, for a harvest macropod species in a harvest region or harvest zone, because an event has reduced, or is likely to reduce, the population size for the species in the region or zone.

Examples of events—

flood, disease outbreak

(2)The chief executive may, by publishing a notice on a relevant website (a harvesting end notice), declare that the harvest period, for the harvest macropod species in the harvest region or harvest zone, ends.

(3)The harvesting end notice must state—

(a)the matter of which the chief executive is satisfied under subsection (1)(b)(i) or (ii); and

(b)the day the harvest period, for the harvest macropod species in the harvest region or harvest zone, ends.

(4)Without limiting subsection (2), the harvesting end notice may apply in relation to—

(a)all harvest macropod species in 1 or more harvest regions or harvest zones; or

(b)1 or more harvest macropod species in all harvest regions or all harvest zones.

14CAdvance advice of harvesting end notice

(1)This section applies if the chief executive intends to publish a harvesting end notice for a harvest macropod species in a harvest region or harvest zone.

(2)The chief executive must give each holder of a macropod harvesting licence, for the harvest macropod species, a notice (an advance advice) stating—

(a)the matter of which the chief executive is satisfied under section 14B(1)(b)(i) or (ii); and

(b)the day the harvest period, for the harvest macropod species in the harvest region or harvest zone, will end under the harvesting end notice.

(3)The chief executive must give the advance advice to each holder at least 7 days before the day mentioned in subsection (2)(b).

(4)Failure to comply with subsection (2) or (3) does not invalidate the harvesting end notice.

27Replacement of s 26 (How record must be kept)

Section 26—
omit, insert—

26How records must be kept

(1)For the Nature Conservation (Animals) Regulation 2020, section 342(1)(b)(i), a record for a dealer licence for dead macropods must be kept—

(a)in an approved electronic record system; or

(b)if the chief executive gives the person required to keep the record written approval to keep the record in a record book—in a record book.

(2)The chief executive may give a person an approval under subsection (1)(b) only if the chief executive is satisfied that exceptional circumstances—

(a)prevent the person from using an approved electronic record system; or

(b)make it impractical for the person to use an approved electronic record system.

Example of exceptional circumstances—

the person does not have access to the internet

28Replacement of s 61 (How records must be kept)

Section 61—
omit, insert—

61How records must be kept

(1)For the Nature Conservation (Animals) Regulation 2020, section 342(1)(b)(i), a record for a macropod harvesting licence must be kept—

(a)in an approved electronic record system; or

(b)if the chief executive gives the person required to keep the record written approval to keep the record in a record book—in a record book.

(2)The chief executive may give a person an approval under subsection (1)(b) only if the chief executive is satisfied that exceptional circumstances—

(a)prevent the person from using an approved electronic record system; or

(b)make it impractical for the person to use an approved electronic record system.

Example of exceptional circumstances—

the person does not have access to the internet

29Amendment of s 64 (Information that must be included in record)

Section 64, ‘on or after the electronic record start day’—
omit.

30Amendment of sch 2 (Dictionary)

(1)Schedule 2, definitions electronic record start day, electronic record system start notice, harvest macropod and harvest period—
omit.

(2)Schedule 2—
insert—

harvesting end notice see section 14B(2).

harvest macropod means a macropod of a harvest macropod species.

harvest macropod species, in relation to a harvest period notice, see section 11(3)(b).

harvest period, for a macropod, means a period declared, under section 11(1), to be a harvest period for taking the macropod.

harvest region, for a harvest period stated in a harvest period notice, means an area within the State declared, under section 12(1)(a), to be a harvest region in the notice.

harvest zone, for a harvest period stated in a harvest period notice, means an area within the State declared, under section 12(1)(b), to be a harvest zone in the notice.

maximum take number, for a harvest macropod species in a harvest region or harvest zone, see section 12(2).

minimum area, for a harvest macropod, see section 11(3)(c).

minimum dressed weight, for a harvest macropod, see section 11(3)(e).

minimum whole weight, for a harvest macropod, see section 11(3)(d).

relevant website means—

(a)the department’s website; or

(b)www.qld.gov.au.

whole form carcass means a carcass of a macropod that is not dressed.

31Regulation amended

This part amends the Nature Conservation (Plants) Regulation 2020.

32Replacement of s 102 (Suitability based on demerit points, suspensions and cancellations)

Section 102—
omit, insert—

102Suitability based on other matters

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

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

(a)the person, or an associate of the person, has accumulated 10 or more demerit points under section 103 within 3 years before the relevant day; or

(b)the person, or an associate of the person, was the holder of a relevant authority that was cancelled within 2 years before the relevant day because the person or associate accumulated 10 or more demerit points under section 103; or

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

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

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

(3)In this section—

relevant authority means—

(a)a plant authority; or

(b)a licence, permit or other authority granted under the repealed Nature Conservation (Administration) Regulation 2017, section 14, 15 or 16.

33Replacement of ch 12, pt 1, hdg (Preliminary)

Chapter 12, part 1, heading—
omit, insert—

Part 1 Transitional provisions for SL No. 137 of 2020

Division 1 Preliminary

34Amendment of s 208 (Definitions for chapter)

(1)Section 208, heading, ‘chapter’—
omit, insert—

part

(2)Section 208, ‘this chapter’—
omit, insert—

this part

35Relocation and renumbering of ch 12, pts 2–7

Chapter 12, parts 2 to 7—
relocate to chapter 12, part 1, as amended by this regulation, and renumber as divisions 2 to 7.

36Amendment of s 224 (Other undecided applications, invitations, requests, notices and notifications)

Section 224(2), ‘part 3 or 4’—
omit, insert—

division 3 or 4

37Insertion of new ch 12, pt 2

Chapter 12, as amended by this regulation—
insert—

Part 2 Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021

227Continuing application of former s 102 to existing applications

(1)This section applies if—

(a)before the commencement, a person made an application (the existing application) for the grant or amendment of a plant authority; and

(b)immediately before the commencement, the existing application had not been decided.

(2)Former section 102 continues to apply in relation to the existing application as if the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021 had not commenced.

(3)In this section—

former section 102 means section 102 as in force immediately before the commencement.

38Amendment of sch 1, s 5 (Plants)

Schedule 1, section 5, entry for Antrophyum austroqueenslandicum—
omit.

39Amendment of sch 1, s 9 (Plants)

(1)Schedule 1, section 9, entries for Marsdenia araujacea and Rhodamnia dumicola—
omit.

(2)Schedule 1, section 9—
insert—

Antrophyum austroqueenslandicum

Gossia gonoclada

Leichhardtia araujacea

Macadamia jansenii

40Amendment of sch 1, s 13 (Plants)

(1)Schedule 1, section 13, entries for Gossia gonoclada, Macadamia jansenii, Phlegmariurus filiformis and Solanum hamulosum—
omit.

(2)Schedule 1, section 13—
insert—

Camptacra perdita

Rhodamnia dumicola

41Amendment of sch 1, s 17 (Plants)

(1)Schedule 1, section 17, entries for Acacia ruppii, Albizia sp. (Windsor Tableland B.Gray 2181), Cestichis condylobulbon, Marsdenia brevifolia, Marsdenia coronata, Marsdenia longiloba, Marsdenia paludicola, Marsdenia pumila, Marsdenia rara and Marsdenia straminea—
omit.

(2)Schedule 1, section 17—
insert—

Acacia torringtonensis

Blepharoglossum condylobulbon

Gymnema stramineum

Leichhardtia brevifolia

Leichhardtia coronata

Leichhardtia longiloba

Leichhardtia paludicola

Leichhardtia pumila

Leichhardtia rara

Solanum hamulosum

42Regulation amended

This part amends the Nature Conservation (Protected Areas Management) Regulation 2017.

43Replacement of s 71AH (Suitability based on demerit points, suspensions and cancellations)

Section 71AH—
omit, insert—

71AH Suitability based on other matters

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

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

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

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

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

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

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

(3)In this section—

relevant authority means—

(a)a protected area authority; or

(b)a permit or authority granted under the repealed Nature Conservation (Administration) Regulation 2017, section 9 or 10.

44Insertion of new ch 11

After chapter 10—
insert—

Chapter 11 Transitional provision for Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021

187Continuing application of former s 71AH to existing applications

(1)This section applies if—

(a)before the commencement, a person made an application (the existing application) the grant, amendment or renewal of a protected area authority; and

(b)immediately before the commencement, the existing application had not been decided.

(2)Former section 71AH continues to apply in relation to the existing application as if the Nature Conservation and Other Legislation Amendment Regulation (No. 2) 2021 had not commenced.

(3)In this section—

former section 71AH means section 71AH as in force immediately before the commencement.

45Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

46Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

(1)Schedule 1, entry for Nature Conservation (Macropod) Conservation Plan 2017, entries for sections 12(2), 13(2) and 14(2)—
omit.

(2)Schedule 1, entry for Nature Conservation (Macropod) Conservation Plan 2017—
insert—

s 14(2)		5
s 14A(2)		5

47Regulation amended

This part amends the Statutory Instruments Regulation 2012.

48Amendment of sch 1 (Statutory instruments that are subordinate legislation)

(1)Schedule 1, item 1—
omit.

(2)Schedule 1, items 2 to 4—
renumber as schedule 1, items 1 to 3.