Recreation Areas Management Regulation 2024

1Short title

This regulation may be cited as the Recreation Areas Management Regulation 2024.

2Commencement

This regulation commences on 22 September 2024.

3Definitions

The dictionary in schedule 5 defines particular words used in this regulation.

4Prescribed recreational craft—Act, schedule

For the Act, schedule, definition recreational craft, the following wheeled devices are prescribed—

(a)a kite buggy;

(b)a land windsurfing board;

(c)a land yacht.

5Existing recreation areas—Act, s 235

(1)Each existing recreation area is described in schedule 1, part 1, column 2 opposite the name of the area stated in schedule 1, part 1, column 1.

(2)A reference to a plan with the prefix ‘RAMA’ in schedule 1, part 1 is a reference to a plan held by, and available for inspection from, the department.

(3)A reference to another plan in schedule 1, part 1 is a reference to a plan registered in the land registry under the Land Act 1994.

(4)In this section—

existing recreation area means an area of land mentioned in section 235 of the Act that continues to be a recreation area under the Act.

6Continuing declared and amalgamated recreation areas—Act, ss 7 and 8

(1)For section 7 of the Act, each area of State land described in schedule 1, part 2, column 2 continues to be declared to be a recreation area.

(2)A recreation area described in schedule 1, part 2, column 2—

(a)has the name stated in schedule 1, part 2, column 1 opposite the description; and

(b)has the management intent stated in schedule 1, part 2, column 3 opposite the description.

(3)For section 8 of the Act, the area of State land described in schedule 1, part 3, column 2 continues to be an amalgamated recreation area.

(4)An amalgamated recreation area described in schedule 1, part 3, column 2—

(a)has the name stated in schedule 1, part 3, column 1 opposite the description; and

(b)has the management intent stated in schedule 1, part 3, column 3 opposite the description.

(5)A reference to a plan with the prefix ‘RAMA’ in schedule 1, part 2 or 3 is a reference to a plan held by, and available for inspection from, the department.

7Taking animals into recreation areas—Act, s 121

(1)For section 121(2) of the Act, definition animal, paragraph (d), this section prescribes ways of taking animals into a recreation area.

(2)A person may take a domesticated animal into a recreation area if—

(a)the animal is on a vessel and remains on the vessel; and

(b)the vessel remains below the low-water mark or afloat between the high-water mark and low-water mark.

(3)Also, a person may take a domesticated dog into the Moreton Island Recreation Area if—

(a)the person is transporting the dog through the area to or from the person’s land; and

(b)the only reasonable route to or from the land is through the area; and

(c)the person is taking the dog through the most direct route to or from the land; and

(d)the dog is being transported—

(i)in an enclosed vehicle; or

(ii)on the tray of a vehicle with the dog securely tethered so as to be confined to the vehicle tray; and

(e)the dog does not leave the vehicle or vehicle tray while the dog is in the area.

(4)In this section—

land, of a person, means land that is owned by the person or is the person’s principal place of residence.

8Taking plants into recreation areas—Act, s 123

(1)For section 123(1)(b)(iv) of the Act, a person may take a plant into a recreation area if—

(a)the plant is for consumption by an animal lawfully brought into the area; or

(b)the plant remains securely stored in or on a vehicle, vessel or aircraft while the plant is in the area; or

(c)the person—

(i)is taking the plant to land outside the area; and

(ii)the most direct and reasonable route to the land is through the area; and

(iii)the person owns or occupies the land or is authorised by the owner or occupier of the land to take the plant to the land; and

(iv)if the plant is in or on a vehicle, vessel or aircraft—the plant is securely stored in or on the vehicle, vessel or aircraft; and

(v)if the plant is not in or on a vehicle, vessel or aircraft—the person takes all reasonable steps to ensure no part of the plant is spread or released into the area.

(2)Without limiting subsection (1)(b) or (c)(iv), a plant is securely stored in or on a vehicle, vessel or aircraft if it is kept in or on the vehicle, vessel or aircraft in a way that ensures that no part of the plant is spread or released into a recreation area, including, for example, by keeping the plant covered at all times in the cabin of the vehicle, vessel or aircraft.

9Plants not to be taken or used for fires

(1)A person must not take or use a plant from a recreation area to light, keep or use a fire in the area.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a plant—

(a)that the chief executive has provided in a recreation area to use for a fire; or

(b)that is taken into a recreation area to use for a fire in accordance with a written approval of the chief executive, a permit or a regulatory notice.

(3)In this section—

plant includes—

(a)timber or a dead plant; and

(b)part of a plant.

10Displaying camping tags

(1)A person camping under a camping permit must, immediately after the person starts camping, display the camping tag for the permit by attaching it in a conspicuous position to—

(a)a tent, caravan or another structure being used for camping under the permit; or

(b)if no tent, caravan or structure is being used for camping under the permit—a vehicle, vessel or equipment being used for camping under the permit.

Maximum penalty—10 penalty units.

(2)The person must take reasonable steps to ensure the camping tag remains displayed at the camp site where the person is camping while the person is camping under the permit.

Maximum penalty—10 penalty units.

11Displaying details on camping tags in e-permit camping areas

(1)This section applies in relation to an e-permit camping area.

(2)The holder of a camping permit for an e-permit camping area must ensure the following details are displayed on the camping tag being used for camping under the permit—

(a)the holder’s name;

(b)the number identifying the permit;

(c)the e-camping area to which the permit relates;

(d)the arrival date and departure date stated on the permit;

(e)the total number of persons authorised to camp under the permit;

(f)if the person is using a vehicle in the area—the vehicle’s number plate.

Maximum penalty—10 penalty units.

(3)Subsection (2) does not apply to a holder of a camping permit if—

(a)the holder prints on paper a camping tag for the permit provided electronically to the person by the chief executive; and

(b)the camping tag displays all the details provided electronically by the chief executive.

(4)In this section—

number plate, for a vehicle, means the number plate registered for the vehicle under the Transport Operations (Road Use Management) Act 1995.

12Tampering with camping tags

(1)A person must not tamper with a camping tag displayed on a tent, caravan, structure, vehicle, vessel or other equipment being used for camping in a recreation area, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)In this section—

tamper with, a camping tag, means—

(a)remove, damage or destroy the tag; or

(b)change anything written on the tag.

13Exemptions for using motor vehicles in particular recreation areas—Act, s 109

For section 109(2)(b) of the Act, the recreation areas and parts of recreation areas stated in schedule 2, section 3 are prescribed.

14Exemptions for using government vehicles—Act, s 109

(1)For section 109(2)(c) of the Act, a government vehicle is prescribed.

(2)In this section—

government vehicle means a motor vehicle—

(a)that is registered to a registered operator that is a local government or an entity of the State or the Commonwealth; and

(b)that is used for official purposes by the entity mentioned in paragraph (a).

registered operator, of a motor vehicle, means the person in whose name the vehicle is registered under a vehicle registration Act.

15Licensing requirement for driving or riding vehicles

(1)A person must not drive or ride a vehicle in a recreation area unless the person holds the required licence to drive or ride the vehicle.

Maximum penalty—20 penalty units.

(2)In this section—

required licence, to drive or ride a vehicle, means a licence required under a vehicle registration Act to drive or ride the vehicle on a road.

16Restrictions on unregistered vehicles

(1)A person must not bring an unregistered vehicle into, or drive or ride an unregistered vehicle in, a recreation area.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a person bringing an unregistered vehicle into a recreation area if the person—

(a)brings the vehicle into the area under a permit or commercial activity agreement; or

(b)has a reasonable excuse.

(3)In this section—

bring, an unregistered vehicle into a recreation area, does not include drive or ride the vehicle into the area.

unregistered vehicle means a vehicle that—

(a)is required to be registered under a vehicle registration Act to lawfully operate the vehicle on a road; and

(b)has not been registered under a vehicle registration Act.

17Number plate identification requirements for vehicles

(1)A person must not drive or ride a vehicle in a recreation area if—

(a)a required number plate for the vehicle is not attached to the vehicle; or

(b)any writing that identifies the vehicle on a required number plate for the vehicle is not clearly legible.

Maximum penalty—20 penalty units.

(2)A person does not commit an offence against subsection (1) if the person has a reasonable excuse.

(3)In this section—

required number plate, for a vehicle, means a number plate required to be attached to the vehicle under a vehicle registration Act to operate the vehicle on a road.

18Approval requirement for driving or riding conditionally registered vehicles

(1)A person must not drive or ride a conditionally registered vehicle in a recreation area without the written approval of the chief executive.

Maximum penalty—20 penalty units.

(2)The chief executive may give an approval mentioned in subsection (1) to a person only if the chief executive considers the conditionally registered vehicle to which the approval applies is to be used—

(a)by the person for any of the following purposes in a recreation area—

(i)for an emergency or rescue activity;

(ii)for enforcing a law of the State;

(iii)for the management of the area;

(iv)for a commercial purpose authorised under the Act;

(v)for supporting an organised event conducted under an organised event permit;

(vi)for providing a service to users of the area;

(vii)for the sole purpose of going directly through the Moreton Island Recreation area to or from land outside the area if—

(A)the person owns, occupies or is authorised to enter the land; and

(B)the chief executive considers the most direct and reasonable route to or from the land is through the area; or

(b)by the person because they are suffering from a permanent condition that is significantly restricting their mobility.

(3)However, the chief executive must not give an approval for a purpose mentioned in subsection (2)(a)(iv) to (vii) or (2)(b) if the chief executive considers the use of the conditionally registered vehicle to which the approval applies would be likely to—

(a)cause unreasonable damage to a cultural resource of the area; or

(b)have a significant adverse effect on a natural resource of the area; or

(c)pose a serious risk to the health or safety of the public in the area.

(4)For applying subsection (2)(b), the chief executive may ask a person to give the chief executive a medical certificate or other document issued by a doctor to verify the nature of the person’s condition.

(5)In this section—

conditionally registered vehicle means a vehicle that is conditionally registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021.

19Safe use of vehicles by reference to Queensland Road Rules

(1)This section applies in relation to an act or omission that, if done or made on a road, would contravene any of the following provisions of the Queensland Road Rules (each a road rule)—

(a)section 246A;

(b)section 256;

(c)section 256A;

(d)section 264;

(e)section 264A;

(f)section 265;

(g)section 268;

(h)section 270;

(i)section 271(4) or (5);

(j)section 271A.

(2)A person commits an offence against this section if the person does the act or makes the omission in a recreation area, whether or not on a road in the area.

Maximum penalty—20 penalty units.

(3)To remove any doubt, it is declared that a person can not be punished for an offence against this section for an act or omission in relation to a road rule if the person has already been punished for an offence against the road rule for the same act or omission.

20Safe use of vehicles by reference to Transport Operations (Road Use Management) Act 1995

(1)This section applies in relation to an act or omission that, if done or made on a road, would contravene either of the following provisions of the Transport Operations (Road Use Management) Act 1995 (each a road use provision)—

(a)section 83(1), other than an act or omission mentioned in paragraph (a) or (b) of the penalty for that section;

(b)section 84(2).

(2)A person commits an offence against this section if the person does the act or makes the omission in a recreation area, whether or not on a road in the area.

Maximum penalty—20 penalty units.

(3)To remove any doubt, it is declared that a person can not be punished for an offence against this section for an act or omission in relation to a road use provision if the person has already been punished for an offence against the road use provision for the same act or omission.

21Requirements for carrying passengers

(1)A person must not ride or travel in or on something being towed by a moving motor vehicle in a recreation area.

Maximum penalty—20 penalty units.

(2)A person must not carry a passenger, or travel as a passenger, on a relevant motor vehicle in a recreation area other than on a passenger seat for the vehicle.

Maximum penalty—20 penalty units.

(3)In this section—

relevant motor vehicle means each of the following—

(a)a motorbike under the Transport Operations (Road Use Management) Act 1995, schedule 4;

(b)a quad bike under the Queensland Road Rules, schedule 5;

(c)a utility off-road vehicle under the Queensland Road Rules, schedule 5.

22Appropriate places for using vehicles

(1)A person must not, in a recreation area—

(a)drive or ride a vehicle into a place, or move a vehicle into a place, if a barrier or fence has been lawfully placed to prevent entry into the place; or

(b)park or stand a vehicle at a place designated for parking in a way that does not conform with ground or surface markings used for ordering the parking and standing of vehicles.

Maximum penalty—20 penalty units.

(2)A person must not drive or ride a vehicle in, or move a vehicle into, a part of a recreation area unless—

(a)the part is an appropriate area for driving or riding the vehicle; or

(b)the vehicle is driven, ridden or moved in accordance with a permit or written approval of the chief executive.

Maximum penalty—20 penalty units.

(3)A person does not commit an offence against this section if the person has a reasonable excuse.

(4)In this section—

appropriate area, for driving or riding a vehicle, means an area that is—

(a)a road, except for a road on which driving or riding is prohibited by a regulatory notice or sign; or

(b)a part of a coastal beach that is not vegetated, except for a part on which driving or riding is prohibited by a regulatory notice or sign; or

(c)a route or a surface that a regulatory notice states is a route or surface along or on which the type of vehicle may be driven or ridden.

23Other requirements for using vehicles, vessels and recreational craft

A person must not, in a recreation area—

(a)drive or ride a vehicle, vessel or recreational craft at a speed or in a way that causes or may cause damage to the area; or

(b)use a vehicle, vessel or recreational craft in a way that disrupts or may disrupt someone else’s enjoyment of the area; or

(c)park or stand a vehicle, or moor a vessel, in a way or in a place that may—

(i)obstruct or prevent the free passage of another vehicle or vessel; or

(ii)cause damage to or disturb the area.

Maximum penalty—20 penalty units.

24Traffic control for vehicles, vessels and recreational craft

(1)The chief executive may display a sign, or place a marking, at a place in a recreation area regulating the use of a vehicle, vessel or recreational craft, or a type of vehicle, vessel or recreational craft, in the place, including, for example—

(a)by imposing a speed limit; or

(b)by marking a pedestrian crossing; or

(c)stating a part of a place where the use, or a particular use, of the vehicle, vessel or recreational craft or the type of vehicle, vessel or recreational craft is prohibited or restricted; or

(d)stating a part of a place where—

(i)only authorised persons may use the vehicle, vessel or recreational craft; or

(ii)only an authorised vehicle, vessel or recreational craft may be used.

(2)An official traffic sign installed in a recreation area under the Transport Operations (Road Use Management) Act 1995 is taken to be a sign displayed under subsection (1).

(3)A person in control of a vehicle, vessel or recreational craft in a recreation area must comply with a sign or marking displayed under subsection (1).

Maximum penalty—20 penalty units.

(4)For subsection (3), if the sign is an official traffic sign, a person complies with the subsection only if the person complies with the indication given by the sign.

(5)If a sign displayed under subsection (1) at a place states a person may use a vehicle only if they are authorised to do so, a person so authorised who is using a vehicle in the place must comply with the authority.

Maximum penalty—20 penalty units.

(6)If a sign displayed under subsection (1) at a place states a vehicle may be used only if the vehicle is authorised, a person in the place who is in control of a vehicle so authorised must comply with the authority.

Maximum penalty—20 penalty units.

(7)In this section—

authorised means authorised in writing by the chief executive.

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

official traffic sign see the Transport Operations (Road Use Management) Act 1995, schedule 4.

25Using motorised vessels on lakes or watercourses

A person must not use or operate a motorised vessel on a freshwater lake or watercourse unless—

(a)the person is using or operating the vessel in accordance with a written approval of the chief executive; or

(b)using or operating the vessel on the freshwater lake or watercourse is authorised by a regulatory notice.

Maximum penalty—20 penalty units.

26Chief executive to give vehicle tags

(1)This section applies in relation to—

(a)a person issued a vehicle access permit under section 42(1) of the Act for using a vehicle in a recreation area; or

(b)a person taken to have been issued a vehicle access permit under section 42(2) or (3) of the Act for using a vehicle in a recreation area.

(2)The chief executive must give the person a tag or label (a vehicle tag) for the vehicle under the permit.

27Application of subdivision

This subdivision applies in relation to a vehicle being used in a relevant area under a vehicle access permit for which a vehicle tag is issued.

28Details to be displayed on vehicle tags

The person issued the vehicle access permit must ensure the following details are displayed on the vehicle tag for the permit—

(a)the person’s name;

(b)the registration number for the vehicle being used under the permit;

(c)the number identifying the permit;

(d)the start date and end date stated on the permit.

Maximum penalty—10 penalty units.

29Displaying vehicle tags

(1)The person in control of the vehicle in the relevant area must display the vehicle tag for the vehicle access permit by attaching the tag to—

(a)the lower left side of the vehicle’s windscreen; or

(b)if the vehicle does not have a windscreen—another prominent position on the vehicle.

Maximum penalty—10 penalty units.

(2)The person must also take reasonable steps to ensure the vehicle tag remains displayed on the vehicle while the vehicle is being used in the relevant area under the vehicle access permit.

Maximum penalty—10 penalty units.

(3)This section applies subject to section 31.

30Invalid tags not to be displayed

(1)The person in control of the vehicle in the relevant area must not display on the vehicle an invalid tag for the vehicle.

Maximum penalty—10 penalty units.

(2)In this section—

invalid tag, for the vehicle, means a tag or label given by the chief executive for attaching to another vehicle that is not the vehicle tag for using the vehicle in the relevant area.

31Vehicle tags not to be displayed if permit not in effect

The person in control of the vehicle must ensure that the vehicle tag for the vehicle access permit is not displayed on the vehicle if—

(a)the permit has expired; or

(b)the permit has been cancelled or surrendered; or

(c)the permit is suspended.

Maximum penalty—10 penalty units.

32Tampering with vehicle tags

(1)A person must not tamper with a vehicle tag displayed on a vehicle in a relevant area unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)In this section—

tamper with, a vehicle tag, means—

(a)to remove, damage or destroy the tag; or

(b)to change anything written on the tag.

33Unauthorised possession or operation of drones

(1)A person must not, without a reasonable excuse—

(a)possess or operate a drone in a drone restriction area; or

(b)operate a drone in a drone restriction area from a location adjacent to the area.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to—

(a)a person possessing or operating a drone in a drone restriction area—

(i)under a permit or commercial activity agreement; or

(ii)for an emergency or rescue activity; or

(b)a person possessing a drone in a drone restriction area if the drone is securely stored in a container in or on an aircraft, vehicle or vessel.

(3)In this section—

drone restriction area means—

(a)a camping area; or

(b)another part of a recreation area in which a regulatory notice prohibits the operation of a drone.

operate, a drone, includes film or photograph with the drone.

34Depositing litter brought into recreation areas

(1)This section applies to litter brought into a recreation area by a person.

(2)The person, or anyone accompanying the person, must not deposit the litter in the recreation area unless the person has a reasonable excuse.

Example of a reasonable excuse—

collecting litter from public land adjacent to the recreation area and bringing the litter into the recreation area to deposit it in a litter bin

Maximum penalty—20 penalty units.

35Depositing other litter

(1)This section applies to litter other than litter brought into a recreation area.

(2)If there are litter bins in the recreation area, a person must not—

(a)deposit the litter in the area other than in a litter bin; or

(b)deposit the litter in contravention of a regulatory notice.

Maximum penalty—20 penalty units.

(3)If there are no litter bins in a recreation area, a person must not deposit the litter in the area.

Maximum penalty—20 penalty units.

(4)For subsection (2)(a), the person must not deposit the litter in the litter bin unless the litter is securely stored in the bin.

Example of litter not being securely stored in a litter bin—

the litter bin is full or damaged so that litter placed in or on the bin may escape from the bin

Maximum penalty—20 penalty units.

36Complying with direction about litter

(1)If an authorised officer reasonably considers it is necessary or desirable, the officer may give an oral or written direction to a person to remove the person’s litter from a recreation area even if there is a litter bin in the area.

Example of when a direction under subsection (1) may be given—

when all the litter bins in a recreation area are full

(2)The person must comply with the direction.

Maximum penalty—20 penalty units.

37Non-combustible material not to be deposited in fires

A person must not deposit non-combustible material in a fire in a recreation area.

Examples of non-combustible material—

can, bottle, brick, piece of steel

Maximum penalty—20 penalty units.

38Glass not to be broken in recreation areas

A person must not break glass in a recreation area unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

39Disposing of animal waste in particular areas—Act, s 125

(1)This section applies to the following recreation areas—

(a)Cooloola Recreation Area;

(b)Fraser Island Recreation Area;

(c)Inskip Peninsula Recreation Area;

(d)Moreton Island Recreation Area.

(2)For section 125(2)(c) of the Act, animal waste of a fish or crab taken in a recreation area, or a place adjacent to a recreation area, may be disposed of by burying the waste below the high-water mark and at least 50cm below the surface of land in the area.

40Using compressors, generators or similar motors—Act, s 128

(1)For section 128(d) of the Act, this section prescribes permitted uses of a compressor, generator or other similar motor.

(2)A person may use a compressor, generator or other similar motor in a recreation area if—

(a)the compressor, generator or motor is on a vessel; and

(b)the vessel remains below the low-water mark or afloat between the high-water mark and low-water mark; and

(c)the compressor, generator or motor is not connected, including, for example, by an air hose or electrical lead, to a device on land.

(3)Also, a person may use a generator in a recreation area if—

(a)the person uses a generator to operate a device for the treatment of a documented medical condition of the person; and

(b)the generator does not emit a noise of more than 65dB(A) when measured 7m from the generator.

(4)In this section—

dB(A) means decibels measured on the ‘A’ frequency weighting network.

documented medical condition, of a person, means a medical condition for which the person has a medical certificate or other document issued by a doctor stating that the person has the condition.

41Possessing weapons, explosives or traps—Act, s 130

(1)For section 130(2)(b) of the Act, this section prescribes the circumstances in which a person is authorised to possess a device mentioned in section 130(1) of the Act.

Note—

Under section 130(1) of the Act, a person must not, without authorisation, possess or use a bow, catapult, weapon, explosive device, net, snare or trap.

(2)A person may possess the device in a recreation area if the device is securely stored in a dismantled state in or on a vehicle or vessel while the device is in the area.

(3)Without limiting subsection (1), a device is securely stored in or on a vehicle or vessel if it is kept in a place in or on the vehicle or vessel where it is not easily accessible and is out of sight.

42Unlawfully soliciting donations or information

A person must not solicit donations or information in a recreation area unless the person solicits the donations or information in accordance with a written approval of the chief executive.

Maximum penalty—20 penalty units.

43Unlawfully displaying or disseminating notices or other documents

(1)A person must not display or disseminate a notice or other document in a recreation area without the written approval of the chief executive.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a person—

(a)displaying an official traffic sign in a recreation area under the Transport Operations (Road Use Management) Act 1995; or

(b)displaying a notice in a recreation area under another law of the State or the Commonwealth.

(3)In this section—

disseminate, a notice or document, includes distribute, drop or leave the notice or document.

44Application of part—Act, s 219

For section 219 of the Act, this part prescribes matters about keeping records in relation to the following permits (each a recorded activity permit)—

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

(b)an organised event permit if—

(i)camping is authorised under the permit; or

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

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

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

45Information to be included in records

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

(a)a description of the activity;

(b)the date the activity is conducted;

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

(d)if the permit is a commercial activity permit—the number of clients who took part in the activity;

(e)if the permit is an organised event permit—the number of persons who took part in the activity;

(f)if the permit states the activity is a vehicle-based activity—the number of vehicles used for the activity;

(g)if camping is conducted under the permit—the number of persons camping under the permit.

(2)The information for each activity must be recorded before the end of each day on which the activity is conducted.

46How records must be kept

(1)The holder of a recorded activity permit must keep each record for the permit in an electronic system.

(2)If the electronic system is not working on the day information for the recorded activity permit must be recorded, the holder must—

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

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

(3)Each record for a recorded activity permit must be kept—

(a)in a retrievable and legible form; and

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

Example for paragraph (b)—

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

(4)The holder must keep each record for at least 2 years after the holder stops conducting activities under the recorded activity permit.

47Giving records to chief executive—commercial activity permits

(1)Each record made under section 45 for a commercial activity permit must be given to the chief executive—

(a)in the approved form; and

(b)for each prescribed period for the permit; and

(c)within 20 business days after the end of each prescribed period for the permit.

(2)Subsection (1) applies even if no activities were conducted under the commercial activity permit or the permit ended during the prescribed period.

(3)In this section—

prescribed period, for a commercial activity permit, means—

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

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

48Giving records to chief executive—organised event permits

Each record made under section 45 for an organised event permit must be given to the chief executive—

(a)in the approved form; and

(b)within 20 business days after the organised event conducted under the permit ends.

49Payment of activity fees

(1)This section applies in relation to each record given to the chief executive under section 47 or 48 by the holder of a recorded activity permit.

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

(a)the activity fees for the period to which the record relates; and

(b)the period, of at least 7 days after the holder is given the invoice, within which the fees must be paid to the chief executive.

(3)The holder must pay the chief executive—

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

(b)otherwise—the activity fees for the record at the same time the holder gives the record to the chief executive.

(4)In this section—

activity fees, in relation to a record, means any additional daily fee and camping fee payable under the Act for the permit to which the record relates.

50Fees generally

Subject to another provision of this part, the fees payable under the Act are stated in schedule 3.

51Rounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

(a)if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or

(b)if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

(c)if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or

(d)if the result is more than $500—to the nearest dollar (rounding one-half upwards).

52Proceedings for recovery of unpaid fees

(1)This section applies in relation to a person who has not paid a fee when it is payable under the Act.

(2)A proceeding may be started against the person for the recovery of the fee, or part of the fee, whether or not—

(a)a prosecution has been started against the person for an offence relating to the failure to pay the fee; or

(b)the person has been convicted of an offence relating to the failure to pay the fee.

(3)A fee payable under the Act is a debt due to the State.

53Waiver of application fee for particular permits and agreements

(1)This section applies in relation to an application for a commercial activity permit, an organised event permit or a commercial activity agreement (each a RAM application) if—

(a)the activity for which the permit or agreement is sought is to be conducted in a recreation area and 1 or more of the following areas—

(i)a forest reserve under the Nature Conservation Act 1992;

(ii)a protected area under the Nature Conservation Act 1992;

(iii)a State forest under the Forestry Act 1959; and

(b)the applicant has also applied for an authority (however called) for conducting the activity in the forest reserve, protected area or State forest (the related application); and

(c)the chief executive is satisfied the RAM application and related application can be considered together.

(2)The chief executive may waive payment of the fee payable for the RAM application to the extent of the amount already paid for the related application, up to an amount not more than the full amount of the fee for the RAM application.

54Waiver of permit fee for commercial activity permits

(1)This section applies if—

(a)the chief executive waives, under section 53, all or part of the application fee payable for an application for a commercial activity permit; and

(b)the applicant has paid another fee that is a permit fee (however called) for an authority mentioned in section 53(1)(b) (the equivalent fee).

(2)The permit fee mentioned in schedule 3 for the commercial activity permit is waived to the extent of the amount of the equivalent fee, up to an amount not more than the full amount of the equivalent fee.

55Waiver of application fee for transfer of particular joint commercial activity permits

(1)This section applies to an application to transfer a joint permission permit under part 4, division 5A of the Act (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—

(ii)a recreation area; and

(i)a protected area under the Nature Conservation Act 1992; and

(c)the applicant has also applied under the Nature Conservation Act 1992 to transfer the permit in relation to conducting the activity in the protected 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 payment of the fee payable for the transfer application to the extent of the amount already paid for the related application, up to an amount not more than the full amount of the fee for the transfer application.

56Waiver of additional daily fee for particular permits

(1)This section applies in relation to a commercial activity permit, other than for filming or photography, or an organised event permit (the RAM permit) if—

(a)the holder, or a relevant person for the holder, conducts the activity authorised under the permit in the recreation area to which the permit applies and also conducts the activity in 1 or more of the following areas—

(i)a forest reserve under the Nature Conservation Act 1992;

(ii)a protected area under the Nature Conservation Act 1992;

(iii)a State forest under the Forestry Act 1959; and

(b)the same persons are taking part in the activity conducted in the forest reserve, protected area or State forest under an equivalent permit (however called) under the relevant Act; and

(c)the permit holder or relevant person has paid a daily fee (however called) for conducting the activity under the equivalent permit.

(2)The additional daily fee payable under the Act for conducting the activity under the RAM permit is waived to the extent of the amount already paid for conducting the activity under the equivalent permit, up to an amount not more than the full amount of the additional daily fee for the RAM permit.

(3)In this section—

daily fee does not include a fee payable for camping overnight.

57Exemption for camping permits granted to particular persons

(1)No fee is payable for a camping permit granted to a person who is in a recreation area that is adjacent to a relevant national park to prepare—

(a)under the Aboriginal Land Act 1991, a claim to, or a management statement or management plan for, the national park; or

(b)under the Torres Strait Islander Land Act 1991, a claim to the national park.

(2)In this section—

national park means an area dedicated under the Nature Conservation Act 1992 as a national park.

relevant national park means a national park, or part of a national park, other than a national park or part—

(a)declared under the Nature Conservation Act 1992, section 42A to be a special management area (controlled action); and

(b)managed to include the matters mentioned in section 17(1A)(a) of that Act.

58Exemption for particular activities directed at conservation

(1)The chief executive may grant an exemption from the payment of a fee relating to a permit for a recreation area if the chief executive is satisfied—

(a)the activities to be conducted under the permit will make a significant contribution to—

(i)the conservation of nature generally; or

(ii)the conservation or presentation of the cultural or natural resources of a recreation area, a protected area or a marine park; or

(iii)the management of a recreation area, a protected area or a marine park; and

(b)any commercial or recreational aspect of the activities is not the primary purpose for conducting the activities.

(2)In this section—

marine park see the Marine Parks Act 2004, schedule.

protected area see the Nature Conservation Act 1992, schedule.

59Exemption for vehicle access permits

(1)The chief executive may grant a person an exemption from the payment of a fee for a vehicle access permit for a recreation area if the chief executive is satisfied—

(a)the person reasonably requires the permit to access—

(i)the person’s principal place of residence; or

(ii)land in which the person has a registered interest, other than land subject to a time share scheme; or

(iii)the principal place of residence of a close relative of the person; or

(b)the person reasonably requires the permit to access the area for carrying out the person’s employment, trade, business or profession.

(2)In this section—

carrying out, employment, or a trade, business or profession, does not include soliciting for employment, trade or business.

close relative, of a person, means the person’s—

(a)spouse; or

(b)parent or grandparent; or

(c)brother or sister; or

(d)child or grandchild.

time share scheme see the Land Title Act 1994, schedule 2.

60Exemption for Cooloola Recreation Area vehicle access permits granted to residents of Inskip or Rainbow Beach

(1)The chief executive may grant a person an exemption from the payment of a fee for a vehicle access permit for the Cooloola Recreation Area, if the chief executive is satisfied the person’s principal place of residence is in Inskip or Rainbow Beach.

(2)This section does not limit the operation of section 59.

(3)In this section—

Inskip or Rainbow Beach means the area shown as Inskip or the area shown as Rainbow Beach on the map in schedule 4.

61Application for exemption of fee

(1)A person may make an application (a fee exemption application) to the chief executive for an exemption from the payment of a fee for a permit under a ground mentioned in subdivision 2.

(2)The fee exemption application must—

(a)be in the approved form; and

(b)include details to support why the exemption should be granted under the ground; and

(c)be made before or when the application for the permit is made.

(3)The applicant must provide any other relevant information reasonably required by the chief executive to decide the fee exemption application.

62Deciding fee exemption application

The chief executive must consider each fee exemption application and either—

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

(b)refuse the application.

63Grant of exemption under fee exemption application

If the chief executive decides to grant the exemption to which a fee exemption application relates, the chief executive must give the applicant a notice stating—

(a)the permit to which the exemption applies; and

(b)if the chief executive has imposed any conditions on the exemption—

(i)the conditions; and

(ii)the reasons for the conditions.

64Refusal of exemption under fee exemption application

If the chief executive decides to refuse a fee exemption application, the chief executive must give the applicant a notice of the decision.

65Effect of grant of exemption under fee exemption application

(1)This section applies if the chief executive has granted an exemption to which a fee exemption application relates.

(2)No fee is payable by the applicant for the permit to which the exemption relates.

(3)However, if the chief executive has imposed conditions on the exemption, subsection (2) applies only if the applicant complies with the condition.

66Refund of fees

(1)This section applies if a permit has been—

(a)amended to an extent that a fee paid for the permit is higher than the fee that would be payable for the permit in its amended form; or

(b)amended or suspended under section 64 of the Act; or

(c)cancelled or suspended under section 65(1)(a) of the Act; or

(d)surrendered under section 66 of the Act.

(2)The chief executive may, on the chief executive’s own initiative or on application, refund all or part of a fee paid for the permit if the chief executive considers the refund is appropriate having regard to—

(a)the nature of the amendment, suspension, cancellation or surrender; and

(b)any other relevant matter.

(3)The chief executive may refund the fee in the way the chief executive considers appropriate.

Examples of ways chief executive may refund fee—

•by giving the person the amount refunded

•by deducting the amount refunded from another fee the person is required to pay under the Act

(4)If a person applies to the chief executive for a refund, the chief executive may deduct the refund processing fee from the amount refunded.

(5)In this section—

refund processing fee, for an application for a refund, means the fee—

(a)decided by the chief executive, being not more than the reasonable cost of—

(i)considering the application; and

(ii)refunding the fee or part of the fee to the applicant; and

(b)published on the department’s website.

67Repeal

The Recreation Areas Management Regulation 2017, No. 158 is repealed.

68Definitions for part

In this part—

corresponding provision, for a repealed provision, means a provision of this regulation that provides for the same, or substantially the same, matter as the repealed provision.

repealed, in relation to a provision of the repealed regulation, means the provision as in force from time to time under the repealed regulation.

repealed regulation means the repealed Recreation Areas Management Regulation 2017.

69Existing approvals continued

(1)This section applies in relation to the following written approvals in effect immediately before the commencement (each an existing approval)—

(a)a written approval given by the chief executive under repealed section 12(a) to use or operate a motorised vessel on a freshwater lake or watercourse;

(b)a written approval given by the chief executive under repealed section 28(2) to take a plant into a recreation area to make a fire;

(c)a written approval given by the chief executive under repealed section 34(1) to solicit donations or information in a recreation area;

(d)a written approval given by the chief executive under repealed section 35(1) to display, distribute, drop, scatter, throw down or leave a notice, handbill or other printed or written matter in a recreation area.

(2)Each existing approval—

(a)is taken to be given under the corresponding provision for the repealed provision under which the approval was given; and

(b)continues in effect under this regulation for the same recreation area, or part of a recreation area, and term for which the approval was given; and

(c)is subject to the same conditions or other restrictions that applied to the approval immediately before the commencement.

(3)Subsection (2) does not prevent the existing approval being amended or cancelled by the chief executive.

70Existing signs or markings for traffic control

(1)This section applies to a sign erected or marking placed by the chief executive under repealed section 13(1) that was not removed by the chief executive before the commencement.

(2)The sign is taken to be displayed, and the marking taken to placed, under section 24(1).

71Existing application for exemption

(1)This section applies in relation to an application made under repealed section 60 for an exemption from the payment of a fee for a permit.

(2)If, immediately before the commencement, the existing application had not been decided, the application—

(a)is taken to be an application of the same kind under the corresponding provision for the repealed provision; and

(b)may be decided under the repealed provision.

(3)No fee is payable for the application under this regulation if all fees for the existing application payable under the repealed regulation were paid before the commencement.

72Existing records

A record made or kept, under a repealed provision, before the commencement in relation to an existing recorded activity permit is taken to be made or kept under the corresponding provision for the repealed provision.

73References to repealed regulation

In an instrument, a reference to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.

sections 5 and 6

section 13

1Definitions for schedule

In this schedule—

camping area means an area used for camping.

vehicle track means an area the chief executive has designated as available for use by vehicles by erecting or displaying a notice near the entrance of the area.

visitor node means a part of an area—

(a)that people commonly visit and use for a recreational purpose, including, for example—

(i)to view an attraction; or

(ii)to use, or access, amenities; or

(iii)for a purpose relating to camping; and

(b)that is accessible by vehicles.

Examples—

•an area where a vehicle may be parked to view a natural attraction

•an area a person in a vehicle may use to access a barbecue area

2Measurement of position

(1)In this schedule, position is defined by reference to GDA2020.

(2)In this section—

GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.

3Exempt areas

1	Green Island Recreation Area
2	Cooloola Recreation Area, other than the following parts— (a)  the beaches between Middle Rocks (approximate latitude 25º55'47'' south) and the north bank of the Noosa River (approximate latitude 26º22'53'' south), and camping areas and visitor nodes adjacent to the beaches (b)  the vehicle track known as Leisha Track starting at Rainbow Beach (approximate latitude 25º56'57'' south, longitude 153º10'14'' east) and ending at Teewah Beach (approximate latitude 25º57'26'' south, longitude 153º10'33'' east) (c)  the vehicle track known as the Freshwater Track starting at the area known as Bymien Picnic Area (approximate latitude 25º57'13'' south, longitude 153º06'18'' east) and ending at Teewah Beach (approximate latitude 26º00'19'' south, longitude 153º09'09'' east), and camping areas and visitor nodes adjacent to the vehicle track (d)  the vehicle track known as the Kings Bore Circuit accessible from the access track to Rainbow Beach Road (approximate latitude 25º59'39'' south, longitude 153º04'29'' east), and the parts of Pettigrews Road, Eastern firebreak, Western firebreak and Kings Bore Road the vehicle track covers
3	Minjerribah Recreation Area, other than the following parts— (a)  Main Beach between Point Lookout (approximate latitude 27º26'13'' south, longitude 153º32'33'' east) and the northern end of Jumpinpin (approximate latitude 27º43'44'' south, longitude 153º26'59'' east), and camping areas and visitor nodes adjacent to the beach (b)  Flinders Beach between the beach access road east of Amity (approximate latitude 27º23'22'' south, longitude 153º27'17'' east) to the western end of Adder Rock (approximate latitude 27º25'16'' south, longitude 153º30'51'' east), and camping areas and visitor nodes adjacent to the beach

section 50

section 60(3), definition, Inskip or Rainbow Beach

section 3

additional daily fee—

(a)in relation to a commercial activity permit other than for filming or photography—means the fee mentioned in schedule 3, item 12(d); or

(b)in relation to an organised event permit—means the fee mentioned in schedule 3, item 13(b).

client means—

(a)in relation to an activity authorised under a commercial activity permit—a person taking part in the activity, other than a person employed, contracted or otherwise engaged to conduct the activity by the permit holder; or

(b)in relation to an activity authorised under an organised event permit—a person taking part in the activity.

daily permit means a camping permit issued for a period of less than 7 days.

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

drone means a device capable of flight—

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

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

Flinders Beach camping area means the area, in the Minjerribah Recreation Area, adjacent to Flinders Beach that the chief executive has designated as a camping area by erecting or displaying a notice at or near the entrance to the area.

high-water mark means ordinary high-water mark at spring tides.

litter includes cold ash and discarded food.

litter bin means a receptacle for litter provided by the chief executive.

low-water mark means ordinary low-water mark at spring tides.

Main Beach camping area means the area, in the Minjerribah Recreation Area, adjacent to Main Beach that the chief executive has designated as a camping area by erecting or displaying a notice at or near the entrance to the area.

off-peak period means a period other than a peak period.

peak period means a period that consists of 1 or more days that are student vacations for State schools approved under the Education (General Provisions) Act 2006.

recorded activity permit see section 44.

relevant area, for part 5, division 3, means Minjerribah Recreation Area or Moreton Island Recreation Area.

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

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

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

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

vehicle registration Act means—

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

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

vehicle tag, in relation to a vehicle, see section 26(2).

weekly permit means a camping permit issued for a whole number of weeks.