Recreation Areas Management Regulation 2007

1Short title

This regulation may be cited as the Recreation Areas Management Regulation 2007 .

2Commencement

This regulation commences on 27 August 2007.

3Definitions

The dictionary in schedule 4 defines particular words used in this regulation.

div hdg ins 2010 SL No. 362 s 3

4Continuing recreation areas

(1)Each continuing recreation area is described in schedule 2.

(2)A copy of a plan mentioned in schedule 2 may be inspected, free of charge, during business hours at the department’s head office.

Editor’s note—

At the commencement of this editor’s note, the department’s head office was at 400 George Street, Brisbane.

(3)In this section—

continuing recreation area means an area of land—

(a)set apart and declared to be a recreation area under the repealed Act; and

(b)continued in existence as a recreation area under section 235 of the Act.

s 4 amd 2010 SL No. 256 s 4

div hdg ins 2010 SL No. 362 s 4

4ACooloola Recreation Area

(1)The area of State land shown on plan RAMA 6 as approved by the chief executive on 13 October 2010—

(a)is declared to be a recreation area; and

(b)is named the Cooloola Recreation Area.

(2)The management intent for the Cooloola Recreation Area is to—

(a)provide nature-based recreation and tourism opportunities and settings that complement and maintain the area’s natural condition and protect the area’s cultural resources and values; and

(b)maintain the quality of recreation and tourism opportunities and visitor experiences; and

(c)maintain the scenic appeal of the natural coastline, coastal dune systems, forests, waterways, lakes and estuarine areas through sustainable nature-based recreation in an undeveloped environment; and

(d)protect the area’s natural diversity associated with the sensitive sand environment, including significant animal species and plant communities; and

(e)protect the area’s cultural resources and values.

(3)A copy of the plan mentioned in subsection (1) may be inspected, free of charge, during business hours at the department’s head office.

Editor’s note—

At the commencement of this section, the department’s head office was at 400 George Street, Brisbane.

s 4A ins 2010 SL No. 256 s 5

amd 2010 SL No. 362 s 5

4BMinjerribah Recreation Area

(1)The area of State land shown on plan RAMA 7 as approved by the chief executive on 30 November 2011—

(a)is declared to be a recreation area; and

(b)is named the Minjerribah Recreation Area.

(2)The management intent for the Minjerribah Recreation Area is to—

(a)provide nature-based recreation and tourism opportunities and settings that complement and maintain the area’s natural condition and protect the area’s cultural resources and values; and

(b)maintain the quality of recreation and tourism opportunities and visitor experiences; and

(c)maintain the scenic appeal of the area, including the foreshores, dune systems, forests and freshwater systems, through sustainable nature-based recreation in a predominantly natural environment; and

(d)protect the area’s natural diversity associated with the sensitive sand environment, including significant animal species and plant communities; and

(e)facilitate opportunities for the expression of the customs and aspirations of the traditional owners of the area; and

(f)work with the traditional owners of the area to protect its indigenous cultural values; and

(g)achieve the goals mentioned in paragraphs (a) to (f) by implementing policies that are consistent with recognition of—

(i)the native title rights and interests of the traditional owners of the area; and

(ii)the status of the traditional owners as the custodians and managers of their traditional country.

(3)A copy of the plan mentioned in subsection (1) may be inspected, free of charge, during business hours at the department’s head office.

(4)In this section—

traditional owners means the Aboriginal people who identify as descendants of the original inhabitants of the land or part of the land contained in the Minjerribah Recreation Area.

s 4B prev s 4B ins 2010 SL No. 362 s 6

exp 12 December 2010 (see s 4B (4))

pres s 4B ins 2011 SL No. 290 s 3

div hdg ins 2010 SL No. 362 s 6

4CMoreton Island Recreation Area

(1)This section—

(a)revokes, under subsection (2), parts of Moreton Island Recreation Area; and

(b)amalgamates, under subsection (3), the following recreation areas—

(i)Moreton Island Recreation Area;

(ii)Moreton Island Recreation Area 1.

(2)Under section 9 of the Act, the following parts of Moreton Island Recreation Area are revoked—

(a)the land described as lot 18 on plan SL11788, situated in the County of Stanley;

(b)the land described as lot 19 on SP 106585, situated in the County of Stanley.

(3)Under section 8 (1) (a) of the Act, the recreation areas mentioned in subsection (1) (b) are amalgamated.

(4)The amalgamated recreation area is—

(a)shown on plan RAMA 1–2 as approved by the chief executive on 15 November 2010; and

(b)named the Moreton Island Recreation Area.

(5)The management intent for the Moreton Island Recreation Area is to—

(a)provide nature-based recreation and tourism opportunities and settings that complement and maintain the area’s natural condition and protect the area’s cultural resources and values; and

(b)maintain the quality of recreation and tourism opportunities and visitor experiences; and

(c)maintain the scenic appeal of the area’s natural landscape, dune systems, forests, freshwater systems and foreshore areas through sustainable nature-based recreation in an undeveloped environment; and

(d)protect the area’s natural diversity associated with the sensitive sand environment, including significant animal species and plant communities; and

(e)protect the area’s cultural resources and values.

(6)The management plan titled ‘Moreton Island National Park, Cape Moreton Conservation Park and Moreton Island Recreation Area Management Plan’ published by the department in 2007—

(a)is the approved management plan for the Moreton Island Recreation Area; and

(b)applies for all of the Moreton Island Recreation Area.

Editor’s note—

The management plan may be inspected by members of the public on the department’s website at <www.nprsr.qld.gov.au> or during business hours at the department’s head office, which, at the commencement of this section, was at 400 George Street, Brisbane.

s 4C ins 2010 SL No. 362 s 6

5Chief executive must issue a camping tag

(1)This section applies if a person is granted a camping permit other than in the way mentioned in section 37 (2), (3) or (4) of the Act.

(2)The chief executive must give the person a camping tag for use under the permit when the permit is granted.

6Details to be written on a camping tag

A person who has been granted a camping permit must ensure the following details are written on a camping tag being used under the permit—

(a)the person’s name;

(b)the number identifying the permit.

Maximum penalty—2 penalty units.

7Display of a camping tag

(1)A person camping under a camping permit must, immediately after the person makes camp, display in the prescribed way, the camping tag for the permit.

Maximum penalty—2 penalty units.

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

Maximum penalty—2 penalty units.

(3)In this section—

prescribed way, for displaying a camping tag for a camping permit, means to display the tag 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.

8Tampering with a camping tag

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

Maximum penalty—20 penalty units.

(2)In this section—

tamper with, a camping tag, means—

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

(b)to change anything written on the tag.

9Exemptions for use of motor vehicles—Act, s 109

(1)For section 109 (2) (b) of the Act, the following areas are prescribed—

(a)Green Island Recreation Area;

(b)Cooloola Recreation Area other than the following parts—

(i)beaches between Middle Rocks (approximately latitude 25º55'47'' south) and the north bank of the Noosa River (approximately latitude 26º22'53'' south), and camping areas and visitor nodes adjacent to the beaches;

(ii)the vehicle track commonly known as Leisha Track starting at Rainbow Beach (approximately latitude 25º56'57'' south, longitude 153º10'14'' east) and ending at Teewah Beach (approximately latitude 25º57'26'' south, longitude 153º10'33'' east);

(iii)the vehicle track commonly known as the Freshwater Track starting at the area commonly known as Bymien Picnic Area (approximately latitude 25º57'13'' south, longitude 153º06'18'' east) and ending at Teewah Beach (approximately latitude 26º00'19'' south, longitude 153º09'09'' east), and camping areas and visitor nodes adjacent to the vehicle track;

(iv)the vehicle track commonly known as the Kings Bore Track starting at approximately latitude 25º59'39'' south, longitude 153º04'29'' and ending at approximately latitude 26º06'17'' south, longitude 153º06'47'' east;

(c)Minjerribah Recreation Area other than the following parts—

(i)Main Beach between Point Lookout (approximately latitude 27º26'18'' south, longitude 153º32'16'' east) and the northern end of Jumpinpin (approximately latitude 27º43'46'' south, longitude 153º46'49'' east), and camping areas and visitor nodes adjacent to the beach;

(ii)Flinders Beach between the beach access road east of Amity (approximately latitude 27º43'46'' south, longitude 153º27'18'' east) to the western end of Adder Rock (approximately latitude 27º25'18'' south, longitude 153º30'45'' east), and camping areas and visitor nodes adjacent to the beach.

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

(3)In this section—

camping area means an area used for camping.

government vehicle means a motor vehicle—

(a)whose registered operator is a local government or a department or instrumentality of the State or the Commonwealth; and

(b)that is used for official purposes.

registered operator, of a motor vehicle, means the person in whose name the vehicle is registered under the Transport Operations (Road Use Management) Act 1995 or a law of the Commonwealth that corresponds to that Act.

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

visitor node means a part of an area that—

(a)persons visiting the area commonly use for a recreational purpose, including, for example—

(i)for viewing an attraction; or

(ii)for using, or accessing, amenities; or

(iii)for a purpose relating to camping; and

(b)is accessible by vehicles.

Examples—

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

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

s 9 amd 2010 SL No. 256 s 6; 2011 SL No. 290 s 4

10Unauthorised use of motorised vessel

A person must not use or operate a motorised vessel on a freshwater lake or watercourse in a recreation area unless the use or operation is—

(a)authorised by the chief executive’s written approval; or

(b)in accordance with a regulatory notice.

Maximum penalty—20 penalty units.

11Traffic control for vehicles, vessels and recreational craft

(1)The chief executive may erect 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 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 a vehicle, vessel or recreational craft; or

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

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

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

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)An authorised person using a vehicle in a place where, because of a sign erected under subsection (1), only authorised persons may use vehicles, must comply with the person’s authorisation.

Maximum penalty—20 penalty units.

(6)A person in control of an authorised vehicle in a place where, because of a sign erected under subsection (1), only authorised vehicles may be used, must comply with the authorisation for the use of the vehicle.

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.

12Licensing requirement for vehicles

A person must not, in a recreation area, drive or ride a vehicle for which the person is required, under an Act, to hold a licence to drive or ride the vehicle unless the person holds the licence.

Maximum penalty—20 penalty units.

13Registration requirement for vehicles

(1)A person must not, in a recreation area, drive or ride a vehicle that is required, under an Act, to be registered for use on a road if it is not registered under the relevant law for the vehicle.

Maximum penalty—20 penalty units.

(2)In this section—

relevant law, for a vehicle that is required, under an Act (the Registration Act), to be registered for use on a road, means—

(a)the Registration Act; or

(b)a law of another State that corresponds to the Registration Act.

14Safe use of vehicles—compliance with transport legislation

(1)A person driving or riding a motor vehicle that is moving, or is stationary but not parked, in a recreation area must comply with the Queensland Road Rules, sections 264, 266, 270 (1) and 271 (4) and (5).

Maximum penalty—20 penalty units.

(1A)The driver of a motor vehicle (except a booked hire vehicle, bus or taxi) that is moving, or that is stationary but not parked, in a recreation area must comply with the Queensland Road Rules, section 265 (3).

Maximum penalty—20 penalty units.

(2)A passenger in or on a motor vehicle that is moving, or is stationary but not parked, in a recreation area must comply with the Queensland Road Rules, sections 265 (1) and 270 (2).

Maximum penalty—20 penalty units.

(3)A person in a recreation area must not drive, ride or travel in a vehicle in a way that would constitute an offence against—

(a)the Transport Operations (Road Use Management) Act 1995 , section 83 or 84; or

(b)the Queensland Road Rules, section 268.

Maximum penalty—20 penalty units.

(4)A person can not be charged with an offence against subsection (1), (1A), (2) or (3) if the person has been charged with an offence against the relevant provision of the Queensland Road Rules or Transport Operations (Road Use Management) Act 1995 mentioned in the subsection.

(5)Each of the following terms used in this section have the meaning they have under the Queensland Road Rules—

•booked hire vehicle

•bus

•taxi

s 14 amd 2009 SL No. 194 s 362 sch 6; 2016 SL No. 161 s  6

15Safe use of vehicles—other requirements

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

Maximum penalty—20 penalty units.

(2)A person in a recreation area must not carry a passenger, or travel as a passenger, on a quad or trike other than on a seat designed to carry a passenger.

Maximum penalty—20 penalty units.

(3)A person in a recreation area must not ride a bicycle without wearing a helmet.

Maximum penalty—20 penalty units.

(4)A person in a recreation area must not ride a quad or trike without wearing a helmet.

Maximum penalty—20 penalty units.

16Other requirements about using vehicle, vessel or recreational craft

(1)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 that may cause damage to, or disturb, the area; or

(d)drive, ride or attempt to drive or ride a vehicle, other than—

(i)on a road; or

(ii)on a part of a coastal beach that is not vegetated; or

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

Maximum penalty—20 penalty units.

(2) Subsection (1) (d) does not apply to an act done under a permit or other authority granted under the Act.

(3)Also, subsection (1) (d) (i) or (ii) does not allow a person to drive, ride, or attempt to drive or ride, a vehicle on a road or coastal beach if driving or riding the vehicle on the road or beach is prohibited by a regulatory notice or a sign under section 11 (1).

(4)In this section—

road includes—

(a)an area formed, constructed or established as a car park; and

(b)a track formed, constructed or established for the use of vehicles.

17Chief executive must issue vehicle tags

(1)This section applies if—

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

(b)a person is taken to have been granted 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 issue a tag or label (a vehicle tag) for use under the permit by, either—

(a)giving the vehicle tag to the person; or

(b)making the vehicle tag available in an accessible and conspicuous position in or near the recreation area.

(3)The vehicle tag must include a space for—

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

(b)the number identifying the permit.

(4)If the chief executive issues a vehicle tag under subsection (2) (b), the chief executive must ensure the person who applied for the permit is given notice of the locations where vehicle tags are available for the area.

(5)Without limiting subsection (4), the chief executive must—

(a)publish on the department’s website the locations where vehicle tags are available for the recreation area; and

(b)for a vehicle access permit taken to have been granted under section 42 (2) of the Act—ensure the notice given under that section includes the locations where vehicle tags are available for the recreation area; and

(c)for a vehicle access permit taken to have been granted under section 42 (3) of the Act—ensure the person to whom the permit is granted is advised of the locations where vehicle tags are available for the recreation area.

18Details to be shown on a vehicle tag

A person who has been granted a vehicle access permit for a vehicle must ensure the following details are written on the vehicle tag for the permit—

(a)the registration number of the vehicle;

(b)the number identifying the permit.

Maximum penalty—2 penalty units.

19Display of a vehicle tag

(1)This section applies if a vehicle is in a recreation area under a vehicle access permit.

(2)A person in control of the vehicle must display the vehicle tag for the 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—2 penalty units.

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

Maximum penalty—2 penalty units.

(4)This section applies subject to section 21.

20Invalid vehicle tag not to be displayed on vehicle

(1)A person in control of a vehicle in a recreation area must not display on the vehicle an invalid vehicle tag for the vehicle.

Maximum penalty—2 penalty units.

(2)In this section—

invalid vehicle tag, for a vehicle in a recreation area, means a tag or label, issued by the chief executive for attaching to a vehicle, that is not a vehicle tag for a vehicle access permit authorising use of the vehicle in the area.

21Vehicle tag not to be displayed if permit expired, cancelled, surrendered or suspended

A person in control of a vehicle that has been taken into a recreation area under a vehicle access permit must ensure that the vehicle tag for the 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—2 penalty units.

22Vehicle tag to be returned if permit cancelled or surrendered

(1)This section applies if—

(a)a vehicle access permit is cancelled or surrendered; and

(b)the chief executive gives the holder of the permit a written notice requiring the return of the vehicle tag for the permit.

(2)The holder must, unless the holder has a reasonable excuse, return the vehicle tag to the chief executive within 10 business days after the day the notice is given.

Maximum penalty—20 penalty units.

23Tampering with a vehicle tag

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

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.

vehicle tag means a tag or label issued by the chief executive under section 17 (2).

24Taking a domesticated animal into a recreation area—Act, s 121

(1)This section prescribes the way a domesticated animal may be taken into a recreation area for section 121 (2), definition animal, paragraph (d), of the Act.

(2)A domesticated animal may be taken into a recreation area if—

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

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

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

(a)the person is transporting the dog through the recreation area to or from land that is—

(i)owned by the person; or

(ii)the person’s principal place of residence; and

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

s 24 amd 2012 SL No. 227 s 16

25Taking a plant into a recreation area—Act, s 123

(1)This section prescribes the circumstances in which a plant may be taken into a recreation area for section 123 (1) (b) (iv) of the Act.

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

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

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

(c)each of the following applies—

(i)the person is taking the plant to an area of land outside the recreation area;

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

(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;

(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;

(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 recreation area.

(3)Without limiting subsection (2) (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 the recreation area, including, for example, by keeping the plant—

(a)in a cabin of the vehicle, vessel or aircraft; or

(b)covered at all times.

26Plants in a recreation area not to be removed etc. for a fire

(1)A person must not remove, damage or use a plant in a recreation area for making a fire.

Maximum penalty—20 penalty units.

(2) Subsection (1) does not apply if—

(a)the chief executive has provided the plant in the recreation area for making a fire; or

(b)the plant has been taken into the recreation area for making a fire in accordance with the chief executive’s written approval or a permit or regulatory notice.

(3)In this section—

plant includes—

(a)timber or a dead plant; and

(b)a part of a plant.

remove includes gather and dig up.

27Depositing litter brought into recreation area

(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 reasonable excuse—

the person has been collecting litter from public land adjacent to the recreation area and brings the litter into the recreation area to deposit it in a litter bin

Maximum penalty—20 penalty units.

28Depositing other litter

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

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

Maximum penalty—20 penalty units.

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

(a)subject to subsection (4), deposit litter in the area other than in a litter bin; or

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

Maximum penalty—20 penalty units.

(4)A person must not deposit litter in a litter bin in a recreation area 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.

29Non-combustible material not to be deposited in a fire

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

Example of non-combustible material—

can, bottle, brick, piece of steel

Maximum penalty—20 penalty units.

30Glass not to be broken in a recreation area

A person must not break glass in a recreation area.

Maximum penalty—20 penalty units.

31Disposing of animal waste in particular areas—Act, s 125

(1)This section prescribes, for section 125 (2) (c) of the Act, the way for disposing of animal waste of a fish or crab taken in, or in a place adjacent to, a recreation area.

(2)The animal waste may be disposed of in the recreation area by burying the waste below high water mark and at least 50cm below the surface of the land.

(3)However, this section only 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.

s 31 amd 2010 SL No. 256 s 7

32Unlawfully soliciting donations or information

(1)A person must not solicit donations or information in a recreation area without the written approval of the chief executive.

Maximum penalty—20 penalty units.

(2)A person who has the chief executive’s written approval to solicit donations or information in a recreation area must not solicit donations or information in a way that causes a disturbance to other persons in the area.

Maximum penalty—20 penalty units.

33Person not to display etc. notice etc.

(1)A person must not, in a recreation area, display, distribute, drop, scatter, throw down or leave a notice, handbill, or other printed or written matter, without the written approval of the chief executive.

Maximum penalty—20 penalty units.

(2) Subsection (1) does not apply in relation to—

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

(b)displaying printed or written matter authorised to be displayed in the recreation area under a law of the State or the Commonwealth.

34Use of generators, compressors or motors—Act, s 128

(1)This section prescribes the circumstances in which a person may use a generator, compressor or other similar motor in a recreation area for section 128 (d) of the Act.

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

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

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

(c)the generator, compressor 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 if—

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

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

(4)In this section—

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.

s 34 amd 2012 SL No. 227 s 17

35Possession of weapons, explosives or traps—Act, s 130

(1)This section prescribes the circumstances in which a person may possess a relevant device in a recreation area for section 130 (2) (b) of the Act.

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

(3)Without limiting subsection (2), a relevant 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.

(4)In this section—

relevant device means a bow, catapult, weapon, explosive device, net, snare or trap.

36Purpose of div 1

This division prescribes, for section 219 (a) of the Act, the way records must be kept about activities authorised and conducted under a commercial activity permit or a relevant organised event permit.

s 36 amd 2015 SL No. 110 s 23

37Keeping records about activities under commercial activity permits

(1)A record about an activity authorised and conducted under a commercial activity permit must be kept—

(a)in—

(i)a record book supplied by the chief executive; or

(ii)an electronic record system approved by the chief executive; and

(b)in a secure way at the following place—

(i)if the chief executive has given the holder of the permit a written notice stating the place where the record is to be kept—the stated place;

(ii)otherwise—the holder’s place of business; and

(c)for 2 years after the activity ends.

(2)A record book mentioned in subsection (1) (a) (i) is the property of the State.

38Keeping records about activities under relevant organised event permits

A record about an activity authorised and conducted under a relevant organised event permit must be kept—

(a)in a written document or an electronic record system approved by the chief executive; and

(b)in a secure way at the following place—

(i)if the chief executive has given the holder of the permit a written notice stating the place where the record is to be kept—the stated place;

(ii)otherwise—at the holder’s residential address or place of business; and

(c)for 2 years after the activity ends.

s 38 amd 2015 SL No. 110 s 23

39When prescribed information must be included in a record

(1)Prescribed information for a record about an activity authorised and conducted under a commercial activity permit or a relevant organised event permit must be included in the record before the end of each day on which the activity is conducted.

(2)In this section—

prescribed information, for a record about an activity authorised and conducted under a commercial activity permit or relevant organised event permit, means the information prescribed under division 2 as information that must be included in the record.

s 39 amd 2015 SL No. 110 s 23

40Further requirement for keeping electronic records

If a record is kept in an approved electronic record system under section 37 or 38 and the system is not working on the day particular information must be included in the record—

(a)the information must be recorded in a document in a form approved by the chief executive; and

(b)the document is taken to be a part of the system.

41Purpose of div 2

This division prescribes, for section 219 (b) of the Act, the information that must be included in records about activities authorised and conducted under a commercial activity permit or a relevant organised event permit.

s 41 amd 2015 SL No. 110 s 23

42Prescribed information for records about activities under commercial activity permits

The following information must be included in a record about an activity authorised and conducted under a commercial activity permit, for each day the activity is conducted—

(a)a description of the activity;

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

(c)if the permit was issued for the purpose of filming or photography—the number of persons who took part in the activity;

(d)if the permit was issued for a purpose other than filming or photography—the number of clients who took part in the activity;

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

43Prescribed information for records about activities under relevant organised event permits

The following information must be included in a record about an activity authorised and conducted under a relevant organised event permit, for each day the activity is conducted—

(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 states the activity is a people-based activity—the number of persons who took part in the activity;

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

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

s 43 amd 2015 SL No. 110 s 23

44Purpose of div 3

This division prescribes for section 219 (c) of the Act—

(a)the way in which and the times at which information about activities authorised and conducted under a commercial activity permit or a relevant organised event permit must be given to the chief executive; and

(b)the fees relating to the activities that must accompany the information.

s 44 amd 2015 SL No. 110 s 23

45Giving information for commercial activity or relevant organised event permits

(1)This section applies for giving—

(a)information that—

(i)is required under section 42 or 43 to be included in a record about an activity authorised and conducted under a commercial activity permit or relevant organised event permit; and

(ii)relates to an activity authorised and conducted under the permit during a prescribed period for the permit; and

(b)information about another activity authorised under a commercial activity permit or relevant organised event permit for a prescribed period for the permit.

(2)The information must be given to the chief executive—

(a)in the approved form; and

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

(c)if the information is for a commercial activity permit—within 20 business days after each prescribed period for the permit; and

(d)if the information is for a relevant organised event permit—within 10 business days after each prescribed period for the permit.

(3)In this section—

prescribed period, for a commercial activity permit or relevant organised event permit, means—

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

(b)otherwise—

(i)each period of 3 months starting after the permit is granted; and

(ii)if the permit ends within a 3-month period mentioned in subparagraph (i)—the period starting on the day the 3-month period started and ending on the day the permit ends.

s 45 amd 2015 SL No. 110 s 23

46Fees to accompany information for relevant organised event permit

(1)This section applies for giving information required under section 43 to be included in a record about an activity authorised and conducted under a relevant organised event permit.

(2)The information must be accompanied by any additional daily fee and any camping fee payable for the permit.

s 46 amd 2012 SL No. 124 s 13; 2015 SL No. 110 s 23

46AHolder of commercial activity permit to pay fees when invoiced

(1)This section applies if the chief executive receives from the holder of a commercial activity permit the information the holder is required to give to the chief executive under section 45 (2).

(2)The chief executive must give the holder an invoice for any additional daily fee and any camping fee payable under schedule 3 for the permit for the period to which the information relates.

(3)The invoice must state a period (the period for payment), of at least 7 days after the holder receives the invoice, within which the fees must be paid to the chief executive.

(4)The holder must, within the period for payment, pay the fees to the chief executive for the period to which the information relates.

s 46A ins 2012 SL No. 124 s 14

47Information must be complete, accurate and legible

(1)This section applies to a person who is required under the Act to—

(a)include information in a record about an activity authorised and conducted under a commercial activity permit or relevant organised event permit; or

(b)give information about an activity authorised and conducted under a commercial activity permit or relevant organised event permit to the chief executive.

(2)The person must ensure the information is—

(a)complete and accurate; and

(b)legible; and

(c)recorded in ink, unless the information is in electronic form.

Maximum penalty—20 penalty units.

s 47 amd 2015 SL No. 110 s 23

48Fees generally

(1)The fees payable under the Act are stated in schedule 3.

(2)To remove any doubt, it is declared that a fee payable under the Act is a debt due to the State.

(3)A proceeding may be instituted against a person for the recovery of a fee, or part of a fee, payable under the Act whether or not—

(a)a prosecution has been instituted against the person for an offence in relation to the nonpayment; or

(b)the person has been convicted of an offence in relation to the nonpayment.

49Reduced application fee for organised event permits and commercial activity permits and agreements if equivalent fee paid under another Act

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

(a)the organised event or commercial activity for which the permit or agreement is sought is to be conducted in—

(i)a recreation area; and

(ii)1 or more of the following—

(A)a forest reserve that was, immediately before its dedication as a forest reserve, a State forest under the Forestry Act 1959 ;

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

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

(b)the applicant has also made an application for an authority (however called) for conducting the activity in the forest reserve, protected area or State forest (a 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 RAM application and related application can be considered together.

Example—

A person applies for a commercial activity permit for conducting a commercial tour that is to be conducted in the Fraser Island Recreation Area and Noosa National Park.The day before the application was made, the person applied, under the Nature Conservation Act 1992 , for a commercial activity permit for conducting the tour in Noosa National Park and the chief executive has not started considering that application under that Act.

(2)The chief executive may waive all or part of the application fee payable under schedule 3 for the RAM application.

(3)However, if the application fee payable for the RAM 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.

s 49 amd 2010 SL No. 256 s 8; 2015 SL No. 110 s 24

50Reduced permit fee for commercial activity permits if equivalent fee paid under another Act

(1)This section applies if—

(a)the chief executive waives all or part of the application fee payable for an application for a commercial activity permit under section 49; and

(b)the holder of the permit has paid a permit fee (however called) for the authority mentioned in section 49 (1) (b) (the equivalent authority).

(2)The chief executive must also waive—

(a)if the permit fee paid for the equivalent authority is the same or higher than the permit fee stated in schedule 3 for the commercial activity permit—the permit fee for the commercial activity permit; or

(b)if the permit fee paid for the equivalent authority is lower than the permit fee stated in schedule 3 for the commercial activity permit—the amount of the permit fee, for the commercial activity permit, equivalent to the permit fee paid for the equivalent authority.

50AReduced 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 Nature Conservation Act 1992 ; and

(ii)a recreation area; and

(c)the applicant has also made an application to transfer the permit in relation to conducting 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.

s 50A ins 2015 SL No. 110 s 25

51Reduced additional daily fee for organised event or commercial activity permit if equivalent fee paid under another Act

(1)This section applies if—

(a)the holder of an organised event permit or a commercial activity permit, other than for filming or photography, conducts an organised event or commercial activity under the permit in—

(i)the recreation area to which the permit applies; and

(ii)1 or more of the following—

(A)a forest reserve that was, immediately before its dedication as a forest reserve, a State forest under the Forestry Act 1959 ;

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

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

(b)the activity is conducted for the same clients in the recreation area and the forest reserve, protected area or State forest under an equivalent permit (however called); and

(c)the holder 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 organised event permit or commercial activity permit is the amount worked out by deducting the amount of the daily fee paid for conducting the activity under the equivalent permit from the additional daily fee stated in schedule 3 for the organised event permit or commercial activity permit.

(3)To remove any doubt, it is declared that a deduction under subsection (2) may result in the additional daily fee payable under the Act being zero.

Example for subsection (3)—

The holder of a commercial activity permit conducts a commercial tour lasting 3 hours for 10 clients in Bribie Island Recreation Area and Glasshouse Mountains National Park. The holder has paid the applicable daily fee of $26 ($2.60 for each client) under the Nature Conservation Act 1992 for conducting the tour in the national park under a commercial activity permit under that Act.The $26 that has been paid is deducted from the applicable additional daily fee of $26 that would otherwise be payable under the Act for conducting the commercial tour in the recreation area under the commercial activity permit. The additional daily fee payable under the Act is therefore zero.

(4)In this section—

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

s 51 amd 2015 SL No. 110 s 26

52Exemption for camping permit 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)a claim to, or a management statement or management plan for, the national park under the Aboriginal Land Act 1991 ; or

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

(2)In this section—

relevant national park means a national park, other than a special management area (controlled action) to allow activities of the type, or for the purpose, stated in section 17(1A)(a) of the Nature Conservation Act 1992 .

s 52 sub 2014 SL No. 35 s 68

amd 2016 SL No. 104 s 2(2) sch 1

53Exemption for particular activities directed at conservation

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 the recreation area to which the permit applies, or another recreation area, or a protected area or marine park; or

(iii)the management of the recreation area to which the permit applies, or another recreation area, or a protected area or marine park; and

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

54Exemption for vehicle access permits granted to particular persons

(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 recreation 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.

54AExemption 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 54.

(3)In this section—

Inskip or Rainbow Beach means the areas shown as Inskip or Rainbow Beach on the map in schedule 3A.

s 54A ins 2014 SL No. 240 s 4

55Application 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 1.

(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.

56Deciding fee exemption application

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

(a)grant the exemption, with or without conditions; or

(b)refuse the application.

57Grant 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 written notice stating—

(a)the permit to which it applies; and

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

(i)the conditions; and

(ii)the reasons for the conditions.

Example of a condition that may be imposed—

An exemption from payment of a fee for a permit is granted on the condition that the activities conducted under the permit are conducted for a stated purpose that is consistent with the purpose of this Act, the Marine Parks Act 2004 or the Nature Conservation Act 1992 .

58Refusal 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 written notice stating—

(a)the decision; and

(b)the reasons for the decision.

59Effect 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)The applicant is not required to pay the fee 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 conditions.

60Refund of fees

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

(a)amended to an extent that the 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 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 a cheque for 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 under this section, 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 fee to the applicant; and

(b)published on the department’s website.

section 4

section 48(1)

sch 3 sub 2008 SL No. 207 s 25; 2009 SL No. 98 s 22; 2010 SL No. 162 s 36

amd 2010 SL No. 256 s 9; 2010 SL No. 362 s 7

sub 2011 SL No. 135 s 38

amd 2011 SL No. 290 s 5

sub 2012 SL No. 116 s 20

amd 2012 SL No. 124 s 15

sub 2013 SL No. 183 s 13

amd 2014 SL No. 35 s 69

sub 2014 SL No. 119 s 14

amd 2014 SL No. 223 s 37; 2014 SL No. 292 s 6

sub 2015 SL No. 41 s 13

amd 2015 SL No. 110 s 27

sub 2016 SL No. 78 s 12

section 54A

sch 3A ins 2014 SL No. 240 s 5

section 3

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.

def client amd 2015 SL No. 110 s 28(3)

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

def daily permit ins 2011 SL No. 290 s 6

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 of the area.

def Flinders Beach camping area ins 2011 SL No. 290 s 6

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

litter includes broken glass.

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

low water mark means the 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 of the area.

def Main Beach camping area ins 2011 SL No. 290 s 6

marine park see the Marine Parks Act 2004 , schedule.

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

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

def off-peak period ins 2011 SL No. 290 s 6

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

def peak period ins 2011 SL No. 290 s 6

people-based activity means an organised event other than a vehicle-based activity.

def people-based activity amd 2015 SL No. 110 s 28(4)

protected area see the Nature Conservation Act 1992 , schedule.

relevant group activity permit ...

def relevant group activity permit om 2015 SL No. 110 s 28(1)

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.

def relevant organised event permit ins 2015 SL No. 110 s 28(2)

special access, in relation to an activity to be conducted under an organised event permit, means access to a recreation area or a part of a recreation area, for conducting the activity, that is prohibited or restricted under the Act without the written authorisation or approval of the chief executive.

def special access amd 2015 SL No. 110 s 28(5)

special supervision, in relation to an activity to be conducted under an organised event permit, means supervision of the activity that the chief executive reasonably considers is needed for conducting the activity, including, for example, for ensuring public safety or environmental protection.

Example of when special supervision may be needed—

The chief executive may consider that supervision by an authorised officer of a motor vehicle rally conducted under an organised event permit is needed for ensuring public safety.

def special supervision amd 2015 SL No. 110 s 28(6)

vehicle-based activity means an organised event for which the chief executive reasonably considers that a significant component of the activity involves using a vehicle.

Example of an activity that may be a vehicle-based activity—

a motor vehicle rally

def vehicle-based activity amd 2015 SL No. 110 s 28(7)

vehicle tag, for a vehicle access permit, means a tag or label issued under section 17 (2) for use under the permit.

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

def weekly permit ins 2011 SL No. 290 s 6