Nature Conservation Act 1992

An Act to provide for the conservation of nature

1Short title

This Act may be cited as the Nature Conservation Act 1992.

3Act binds all persons

(1)This Act binds all persons, including the State, and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the Commonwealth, the State or another State liable to be prosecuted for an offence.

s 3 sub 2004 No. 48 s 158

3ATerritorial application of Act

(1)This Act applies both within and outside the State.

(2)This Act applies outside the State to the full extent of the extraterritorial legislative power of the Parliament.

s 3A ins 2003 No. 96 s 17

amd 2004 No. 48 s 159

4Object of Act

The object of this Act is the conservation of nature while allowing for the involvement of indigenous people in the management of protected areas in which they have an interest under Aboriginal tradition or Island custom.

s 4 amd 2013 No. 55 s 24; 2016 No. 22 s 4

5How object is to be achieved

The conservation of nature is to be achieved by an integrated and comprehensive conservation strategy for the whole of the State that involves, among other things, the following—

(a)Gathering of information and community education etc.

•gathering, researching, analysing, monitoring and disseminating information on nature;

•identifying critical habitats and areas of major interest;

•encouraging the conservation of nature by the education and cooperative involvement of the community, particularly landholders;

(b)Dedication and declaration of protected areas

•the dedication and declaration of areas representative of the biological diversity, natural features and wilderness of the State as protected areas;

(c)Management of protected areas

•the management of protected areas in accordance with—

(i)the management principles; and

(ii)the interim and declared management intent; and

(iii)management plans; and

(iv)conservation agreements; and

(v)management programs;

for the areas;

•the management of protected areas having regard to any management statement for the areas;

(d)Protection of native wildlife and its habitat

•the protection of the biological diversity of native wildlife and its habitat by—

(i)the dedication and declaration of protected areas; and

(ii)prescribing protected and prohibited wildlife; and

(iii)the management of wildlife in accordance with—

(A)the management principles; and

(B)the declared management intent; and

(C)any conservation plan;

for the wildlife; and

(iv)entering into conservation agreements;

(e)Use of protected wildlife and areas to be ecologically sustainable

•providing for the ecologically sustainable use of protected wildlife and areas by the preparation and implementation of management and conservation plans consistent with the values and needs of the wildlife or areas concerned, particularly plans dealing with the management of—

(i)protected areas; and

(ii)the taking or use of wildlife; and

(iii)protected wildlife and its habitat; and

(iv)critical habitats and areas of major interest;

•providing for the ecologically sustainable use of protected areas by the preparation of management statements for use in managing the areas;

(f)Recognition of interest of Aborigines and Torres Strait Islanders in nature and their cooperative involvement in its conservation

•the recognition of the interest of Aborigines and Torres Strait Islanders in protected areas and native wildlife;

•the cooperative involvement of Aborigines and Torres Strait Islanders in the conservation of nature;

(g)Cooperative involvement of landholders

•the cooperative involvement of landholders in the conservation of nature.

s 5 amd 1994 No. 42 ss 3, 2 sch; 2004 No. 48 s 160; 2013 No. 55 s 25; 2016 No. 22 s 5; 2019 No. 8 s 3

6Community participation in administration of Act

This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, landholders and interested groups and persons, including Aborigines and Torres Strait Islanders.

s 6 amd 1994 No. 42 s 2 sch

pt 3 div 1 hdg ins 2000 No. 44 s 4

7Definitions

The dictionary in the schedule defines particular words used in this Act.

s 7 Note—s 7 prev contained definitions for this Act. Definitions are now located in the schedule—Dictionary.

amd 2000 No. 44 s 5 (1)

pt 3 div 2 hdg ins 2000 No. 44 s 6

8Meaning of nature

(1)Nature includes all aspects of nature.

(2)Without limiting subsection (1), nature includes—

(a)ecosystems and their constituent parts; and

(b)all natural and physical resources; and

(c)natural dynamic processes; and

(d)the characteristics of places, however large or small, that contribute to—

(i)their biological diversity and integrity; or

(ii)their intrinsic or scientific value.

9Meaning of conservation

Conservation is the protection and maintenance of nature while allowing for its ecologically sustainable use.

10Meaning of biological diversity

(1)Biological diversity is the natural diversity of native wildlife, together with the environmental conditions necessary for their survival, and includes—

(a)regional diversity, that is, the diversity of the landscape components of a region, and the functional relationships that affect environmental conditions within ecosystems; and

(b)ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them; and

(c)species diversity, that is, the diversity of species; and

(d)genetic diversity, that is, the diversity of genes within each species.

(2)In subsection (1)—

landscape components includes landforms, soils, water, climate, wildlife and land uses.

11Meaning of ecologically sustainable use

Ecologically sustainable use is—

(a)in relation to wildlife—the taking or use of the wildlife; or

(b)in relation to protected areas—the use of the areas;

within their capacity to sustain natural processes while—

(c)maintaining the life support systems of nature; and

(d)ensuring that the benefit of the use to present generations does not diminish the potential to meet the needs and aspirations of future generations.

12Meaning of threatening process

A threatening process is any process that is capable of—

(a)threatening the survival of any protected area, area of major interest, protected wildlife, community of native wildlife or native wildlife habitat; or

(b)affecting the capacity of any protected area, area of major interest, protected wildlife, community of native wildlife or native wildlife habitat to sustain natural processes.

13Meaning of critical habitat

(1)Critical habitat is habitat that is essential for the conservation of a viable population of protected wildlife or community of native wildlife, whether or not special management considerations and protection are required.

(2)A critical habitat may include an area of land that is considered essential for the conservation of protected wildlife, even though the area is not presently occupied by the wildlife.

14Classes of protected areas to which Act applies

The classes of protected areas to which this Act applies are—

(a)national parks (scientific); and

(b)national parks; and

(c)national parks (Aboriginal land); and

(d)national parks (Torres Strait Islander land); and

(e)national parks (Cape York Peninsula Aboriginal land); and

(f)conservation parks; and

(g)resources reserves; and

(h)special wildlife reserves; and

(i)nature refuges; and

(j)coordinated conservation areas.

s 14 amd 2000 No. 44 s 7; 2007 No. 48 s 43; 2013 No. 55 ss 26, 114; 2016 No. 22 s 6; 2019 No. 8 s 4

15Management of protected areas

(1)Each protected area is to be managed in accordance with—

(a)the management principles prescribed by this division for the class of protected area; and

(b)if the area is—

(i)a national park (Aboriginal land) or national park (Torres Strait Islander land)—the lease or sublease of the area; or

(ii)a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area—any indigenous land use agreement for the area and the indigenous management agreement for the area; or

(iii)a special wildlife reserve—the conservation agreement and management program for the area; or

(iv)a nature refuge—the declared management intent, and the conservation agreement or covenant, for the area; or

(v)a coordinated conservation area—

(A)the interim management intent for the area until a management statement or management plan is approved for the area; and

(B)the conservation agreement for the area; and

(c)if a management plan is in effect for the area—the management plan for the area.

(2)The interim or declared management intent for a protected area is the management intent for the area specified in the regulation dedicating or declaring the area.

(3)The interim or declared management intent for a protected area must contain a statement of—

(a)the area’s significant cultural and natural resources and values; and

(b)the proposed management intent for, and any proposed use of, the area.

(4)If a management statement is in effect for a protected area, the statement is to be considered in managing the area.

s 15 amd 1994 No. 42 s 2 sch; 2000 No. 44 s 42 sch; 2007 No. 48 s 44; 2011 No. 11 s 31; 2013 No. 55 s 27; 2019 No. 8 s 5

16Management principles of national parks (scientific)

(1)A national park (scientific) is to be managed to—

(a)protect the area’s exceptional scientific values and, in particular—

(i)to ensure that the processes of nature continue unaffected in the area; and

(ii)to protect the area’s biological diversity to the greatest possible extent; and

(b)allow controlled scientific study and monitoring of the area’s natural resources.

(2)However, if threatened wildlife is a significant natural resource for the area, management of the area may include—

(a)manipulation of the wildlife’s habitat; and

(b)the control of threatening processes relating to the wildlife, including threatening processes caused by other wildlife.

(3)Subject to subsections (1) and (2), a national park (scientific), or a part of a national park (scientific), that is also an indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

s 16 prev s 16 sub 1994 No. 42 s 5

amd 2011 No. 11 s 32

om 2013 No. 55 s 115

pres s 16 ins 2016 No. 22 s 7

17Management principles of national parks

(1)A national park is to be managed to—

(a)provide, to the greatest possible extent, for the permanent preservation of the area’s natural condition and the protection of the area’s cultural resources and values; and

(b)present the area’s cultural and natural resources and their values; and

(c)ensure that the only use of the area is nature-based and ecologically sustainable; and

(d)provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and

(e)provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values.

(1A)However, if the whole or part of a national park is declared as a special management area (controlled action), the management of the park or part may include the following—

(a)the manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values;

(b)the continuation of an existing use of the area consistent with maintaining the area’s natural and cultural values.

(2)The management principle mentioned in subsection (1)(a) is the cardinal principle for the management of national parks.

(3)Subject to subsections (1) to (2), a national park, or a part of a national park, that is also an indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

(4)In this section—

existing use, of a special management area (controlled action), means a lawful use made of the area immediately before the declaration of the area as a special management area (controlled action).

s 17 sub 1994 No. 42 s 5

amd 2011 No. 11 s 33; 2013 No. 55 ss 26, 116; 2016 No. 22 s 8; 2019 No. 8 s 6

18Management principles of national parks (Aboriginal land)

(1)A national park (Aboriginal land) is to be managed as a national park.

(2)Subject to subsection (1), a national park (Aboriginal land) is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

19Management principles of national parks (Torres Strait Islander land)

(1)A national park (Torres Strait Islander land) is to be managed as a national park.

(2)Subject to subsection (1), a national park (Torres Strait Islander land) is to be managed, as far as practicable, in a way that is consistent with any Island custom applicable to the area, including any Island custom relating to activities in the area.

20Management principles of national parks (Cape York Peninsula Aboriginal land)

(1)A national park (Cape York Peninsula Aboriginal land) is to be managed as a national park.

(2)Subject to subsection (1), a national park (Cape York Peninsula Aboriginal land) is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

s 20 prev s 20 amd 1994 No. 42 s 2 sch; 2011 No. 11 s 35

om 2013 No. 55 s 117

pres s 20 (prev s 19AA) ins 2007 No. 48 s 45

renum 2013 No. 55 s 118

21Management principles of conservation parks

(1)A conservation park is to be managed to—

(a)conserve and present the area’s cultural and natural resources and their values; and

(b)provide for the permanent conservation of the area’s natural condition to the greatest possible extent; and

(c)provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and

(d)ensure that any commercial use of the area’s natural resources, including fishing and grazing, is ecologically sustainable.

(2)Subject to subsection (1), a conservation park, or a part of a conservation park, that is also an indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

s 21 amd 2000 No. 44 s 9; 2011 No. 11 s 36

sub 2013 No. 55 s 117; 2016 No. 22 s 9

21AManagement principles of resources reserves

(1)Subject to subsection (2), a resources reserve is to be managed to—

(a)recognise and, if appropriate, protect the area’s cultural and natural resources; and

(b)provide for the controlled use of the area’s cultural and natural resources; and

(c)ensure that the area is maintained predominantly in its natural condition.

(2)The felling of timber for a commercial purpose must not be conducted in a resources reserve.

(3)Subject to subsections (1) and (2), a resources reserve, or a part of a resources reserve, that is also an indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.

s 21A ins 2016 No. 22 s 9

21B Management principles of special wildlife reserves

(1)A special wildlife reserve is to be managed to—

(a)permanently protect the area’s exceptional natural and cultural resources and values; and

(b)protect the area’s exceptional scientific values; and

(c)present the area’s cultural and natural resources and values; and

(d)ensure the only use of the area is nature-based and ecologically sustainable.

(2)Also, a special wildlife reserve is to be managed to do any of the following stated in the conservation agreement for the reserve—

(a)allow controlled scientific study and monitoring of the area’s natural resources;

(b)provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values;

(c)provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values;

(d)provide for the manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values;

(e)provide for the manipulation of threatened wildlife’s habitat and the control of threatening processes relating to threatened wildlife, including threatening processes caused by other wildlife.

s 21B ins 2019 No. 8 s 7

22Management principles of nature refuges

A nature refuge is to be managed to—

(a)conserve the area’s significant cultural and natural resources; and

(b)provide for the controlled use of the area’s cultural and natural resources; and

(c)provide for the interests of landholders to be taken into account.

s 22 amd 2002 No. 72 s 26

23Management principles of coordinated conservation areas

A coordinated conservation area is to be managed to—

(a)conserve the area’s natural and cultural values by coordinated management involving the area’s various landholders; and

(b)take account of the area’s values, including its recreational, educational and commercial values; and

(c)provide for the interests of the various landholders to be maintained.

27Prohibition on mining, geothermal activities and GHG storage activities

(1)A mining interest, geothermal tenure or GHG authority can not be granted in relation to—

(a)a national park (scientific); or

(b)a national park; or

(c)a national park (Aboriginal land); or

(d)a national park (Torres Strait Islander land); or

(e)a national park (Cape York Peninsula Aboriginal land); or

(f)a conservation park; or

(g)a special wildlife reserve.

(2)However, subsection (1) does not apply if—

(a)the mining interest is—

(i)an authorised activity for a survey licence under the Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act), section 394 other than in relation to a petroleum facility under that Act; or

(ii)an authorised activity for a pipeline licence under the P&G Act; and

(b)an authority under section 34, 35, 42AD, 42AE, 43F or 43G has been granted, made, issued or given for the licence.

(3)Subsection (1) applies in relation to land in a protected area even if the land is also subject to a tenure on which a mining interest, geothermal tenure or GHG authority could otherwise be granted.

Example of land in a protected area—

land in a special wildlife reserve that is subject to a lease under the Land Act 1994

(4)In this section—

mining interest means any activity authorised under—

(a)the Mineral Resources Act 1989; or

(b)the Petroleum Act 1923; or

(c)the P&G Act.

s 27 amd 2000 No. 44 s 10; 2004 No. 26 s 274; 2005 No. 53 s 159 sch; 2007 No. 48 s 46; 2009 No. 3 s 519; 2010 No. 20 s 41B; 2010 No. 31 s 585 sch 2 pt 4; 2013 No. 55 s 119; 2016 No. 22 s 10; 2019 No. 8 s 8

pt 4 div 2 sdiv 1 hdg ins 2000 No. 44 s 11

28Meaning of protected area in division

In this division—

protected area means—

(a)a national park (scientific); or

(b)a national park; or

(c)a conservation park; or

(d)a resources reserve.

s 28 def protected area amd 2000 No. 44 s 12

sub 2013 No. 55 s 120; 2016 No. 22 s 11

pt 4 div 2 sdiv 2 hdg ins 2000 No. 44 s 13

amd 2013 No. 55 s 121

29Dedication of protected areas

(1)A regulation may dedicate a specified area of State land as—

(a)a national park (scientific); or

(b)a national park; or

(c)a conservation park; or

(d)a resources reserve.

(2)The classes of protected areas mentioned in subsection (1) are listed in descending order of the level of protection given to them under this Act.

s 29 amd 1994 No. 42 s 2 sch; 2000 No. 44 s 14; 2004 No. 48 s 161; 2011 No. 6 s 102

sub 2013 No. 55 s 122

amd 2016 No. 22 s 12

30Revocation of State forests and timber reserves

(1)Despite the Forestry Act 1959, if an area that is to be dedicated as a protected area is, or includes part of, a State forest or timber reserve set apart and declared under that Act, the regulation dedicating the area may revoke, in whole or part, the setting apart and declaration of the State forest or timber reserve.

(2)The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to dedicate the area.

s 30 amd 1994 No. 42 s 2 sch; 2000 No. 44 s 42 sch; 2004 No. 48 s 162

31Trustees of protected areas

(1)If an area is dedicated as a conservation park or resources reserve, the Governor in Council may, by regulation, place the area under the management of trustees.

(2)The trustees are to be appointed by the Governor in Council.

(3)The trustees must comply with section 15 in the management of the protected area.

(4)The Acts Interpretation Act 1954, section 25 applies to an office as trustee.

(5)The Trusts Act 1973 does not apply to—

(a)trusts created under this section; and

(b)the trustees of such trusts.

(6)Trustees may, in their official name—

(a)sue or be sued; and

(b)take action for removal of trespassers or protection of property under their management.

(7)For the purpose of any legal proceeding, trustees are taken to be the owners of property under their management.

(8)The Governor in Council may, by gazette notice, revoke a trust created under this section.

(9)The persons who were the trustees of a trust immediately before its revocation must, within 30 days of receipt of written notice given to them by the Minister, repay to the State any unspent amount that—

(a)was paid to them by the State for the purposes of the trust; and

(b)was held by them when the trust was revoked.

(10)An amount payable to the State under subsection (9) is a debt due to the State and may be recovered in a court having jurisdiction for the recovery of debts up to the amount concerned.

s 31 amd 1994 No. 42 ss 6, 2 sch; 1995 No. 57 s 4 sch 1; 2013 No. 55 s 123; 2016 No. 22 s 13

32Revocation of protected areas

(1)The Governor in Council may, by regulation, revoke the dedication of a protected area in whole or part.

(2)The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(3)This section does not apply to a protected area, or a part of a protected area, that is an indigenous joint management area.

Note—

For a protected area that is also an indigenous joint management area, see section 42AK. Also, note section 42AM.

s 32 amd 1994 No. 42 s 2 sch; 2000 No. 44 s 15; 2004 No. 48 s 163; 2011 No. 11 s 37

33Amalgamation etc. of protected areas

(1)The Governor in Council may, by regulation—

(a)amalgamate protected areas of the same class, and assign a name to the amalgamated area; or

(b)change the class of a protected area by dedicating the area as another class of protected area; or

(c)change the boundaries of a protected area.

(2)If—

(a)because of the change in the class of a protected area, the area will be given less protection under this Act; or

(b)because of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act);

the regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(3)This section does not apply to a protected area, or a part of a protected area, that is an indigenous joint management area.

Note—

For a protected area, or part of a protected area, that is an indigenous joint management area, see section 42AL. Also, note section 42AM.

s 33 amd 1994 No. 42 s 2 sch; 2000 No. 44 s 16; 2004 No. 48 s 164; 2008 No. 52 s 88; 2011 No. 11 s 38

33AChief executive to lodge document for dedication, revocation and amalgamation etc.

(1)This section applies if a regulation is made under this subdivision for—

(a)the dedication or revocation of a protected area under section 29 or 32; or

(b)the revocation of a State forest or timber reserve under section 30; or

(c)the amalgamation or other change to a protected area under section 33; or

(d)the appointment or revocation of trustees under section 31.

(2)The chief executive must lodge for registration with the chief executive (lands) a document evidencing the matter the subject of the regulation.

(3)The document must—

(a)be lodged as soon as practicable after the regulation is made; and

(b)comply with any requirements of the chief executive (lands).

(4)If the dedication, revocation, amalgamation or other change to a protected area affects a part of a lot within the meaning of the Land Act 1994, the document lodged must be accompanied by a plan of subdivision for the change.

s 33A ins 2011 No. 31 s 338

amd 2013 No. 55 s 29

pt 4 div 2 sdiv 3 hdg ins 2000 No. 44 s 17

34Leases etc. over protected areas

(1)A lease, agreement, licence, permit or other authority over, or in relation to, land in a protected area (other than an agreement or a licence, permit or other authority issued or given under a regulation) may be granted, made, issued or given only—

(a)by—

(i)if the area is a national park (scientific) or national park—the chief executive under this Act; or

(ii)if the area is a conservation park or resources reserve—the chief executive or trustees of the area with the consent of the chief executive; or

(b)under another Act by—

(i)the Governor in Council; or

(ii)someone else with the consent of the Minister or chief executive.

(2)A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with—

(a)the management principles for the area; and

(b)if a management plan has been approved for the area, the management plan.

(3)This section does not apply to a protected area, or a part of a protected area, that is an indigenous joint management area.

Note—

For a protected area, or part of a protected area, that is an indigenous joint management area, see section 42AN.

s 34 sub 1994 No. 42 s 7

amd 2000 No. 44 s 18; 2005 No. 53 s 131; 2011 No. 11 s 39; 2013 No. 55 s 124; 2016 No. 22 s 14

35Chief executive’s powers about permitted uses in national parks

(1)The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if—

(a)the use under the authority is only for a service facility or an ecotourism facility; and

(b)if the use under the authority is for a service facility, the chief executive is satisfied—

(i)the cardinal principle for the management of national parks will be observed to the greatest possible extent; and

(ii)the use will be in the public interest; and

(iii)the use is ecologically sustainable; and

(iv)there is no reasonably practicable alternative to the use; and

(c)if the use under the authority is for an ecotourism facility, the chief executive is satisfied—

(i)the use will be in the public interest; and

(ii)the use is ecologically sustainable; and

(iii)the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and

(d)the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area.

(2)Subsection (1) has effect despite sections 15 and 34(2).

(3)This section does not apply to a national park, or a part of a national park, that is an indigenous joint management area.

Note—

For an indigenous joint management area, see section 42AO.

s 35 ins 1994 No. 42 s 7

amd 1995 No. 40 s 13; 2000 No. 44 ss 19, 39; 2003 No. 96 s 18; 2011 No. 11 s 40; 2013 No. 18 s 8; 2013 No. 55 s 125

35AChief executive’s powers about permitted uses for existing service facilities in national parks

(1)The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if—

(a)the use under the authority is only for an existing service facility; and

(b)the chief executive is satisfied—

(i)the use is ecologically sustainable; and

(ii)the use does not include carrying out substantial improvements to the existing service facility.

Examples of a substantial improvement to an existing service facility—

•an upgrade of a road that provides access to a communications tower

•the replacement of a pipeline with a larger pipeline

(2)Subsection (1) applies despite sections 15 and 34(2), and does not limit section 35.

(3)This section does not apply to a national park, or a part of a national park, that is an indigenous joint management area.

s 35A ins 2013 No. 18 s 9

amd 2013 No. 55 s 126

36Authorities for new national park

(1)This section applies if—

(a)land is dedicated as a national park; and

(b)immediately before the dedication, the land was being used (the previous use) in a way that is inconsistent with the management principles of the park.

(2)The chief executive may grant an authority (a previous use authority) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication.

(3)However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959, section 56.

(4)A previous use authority must not be renewed.

(5)This section—

(a)applies despite sections 15 and 34(2); but

(b)does not limit sections 35 and 35A.

(5A)This section does not apply to a national park, or a part of a national park, that is an indigenous joint management area.

Note—

For an indigenous joint management area, see section 42AP.

(6)In this section—

allowable term, for a previous use of a national park, means a term no longer than—

(a)if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease—

(i)an occupation permit under the Forestry Act 1959, section 35(1)(a) under which the right of occupation is only for a service facility;

(ii)a stock grazing permit under the Forestry Act 1959, section 35(1)(c);

(iii)an apiary permit under the Forestry Act 1959, section 35(1)(d);

(iv)a sales permit under the Forestry Act 1959, section 56, for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;

(v)a lease under the Land Act 1994; or

(b)otherwise—3 years after the dedication.

authority means an agreement or a lease, licence, permit or other authority.

plant parts means the flowers, foliage, seeds or stems of the plant.

s 36 ins 1994 No. 42 s 7

amd 1994 No. 81 s 527 sch 5

sub 2000 No. 44 s 20

amd 2003 No. 96 s 19; 2008 No. 52 s 89; 2011 No. 11 s 41; 2013 No. 18 s 10; 2013 No. 55 s 127

37Chief executive’s powers to renew existing authorities for national parks

(1)In this section—

authority means a lease, agreement, permit or other authority (other than an authority permitting stock grazing or the location of beehives)—

(a)granted, made, issued or given under the former Act or the Land Act 1962 over, or in relation to, a national park under the former Act; and

(b)in force immediately before the repeal of the former Act; and

(c)continued in force under this Act.

former Act means the National Parks and Wildlife Act 1975.

(2)The chief executive may renew, or consent to the renewal of, an authority for the national park if the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area.

(3)The authority may only be renewed for—

(a)if no management plan is in force for the area when the renewal is granted—not longer than 10 years; or

(b)if a management plan is in force for the area when the renewal is granted—the term authorised under the plan.

(4)The authority may be renewed subject to the conditions the chief executive considers appropriate.

(5)This section has effect despite sections 15 and 34(2).

s 37 ins 1994 No. 42 s 7

amd 1995 No. 40 s 14; 2000 No. 44 s 39; 2014 No. 29 s 120; 2016 No. 22 s 14A

37ALeases must be registered

As soon as practicable after a lease is granted under section 34, 35, 35A or 36, or renewed under section 37, the chief executive must lodge the lease or renewed lease with the chief executive (lands) for registration.

s 37A ins 2011 No. 31 s 339

amd 2013 No. 55 s 31

38Leases may be granted under Land Act 1994

(1)Subject to subsection (2), a term lease under the Land Act 1994 may be granted over any land within a protected area as if the land were reserved and set apart under that Act for public purposes.

(2)The lease must—

(a)be consistent with—

(i)the management principles for the area; and

(ii)if a management plan is in effect for the area—the management plan for the area; and

(b)for a lease other than a rolling term lease under the Land Act 1994—be granted only with the consent of, and subject to the conditions decided by, the chief executive.

(3)The Land Act 1994 applies to the lease to the extent that it is not inconsistent with this Act.

s 38 amd 1994 No. 42 s 8; 1994 No. 81 s 527 sch 5; 2013 No. 55 s 32; 2014 No. 29 s 121; 2016 No. 22 s 14B

39Creation of interests in protected areas

Despite any other Act, an interest in land in a protected area may be created only in accordance with this Act.

s 39 ins 1994 No. 42 s 9

pt 4 div 2 sdiv 4A hdg ins 2011 No. 31 s 340

39DDefinition for sdiv 4A

In this subdivision—

owner, of land in the area of a conservation park or resources reserve, means the trustee appointed for the land under section 31.

s 39D def owner amd 2013 No. 55 s 128; 2016 No. 22 s 15

s 39D ins 2011 No. 31 s 340

39EChief executive may keep guidelines

(1)The chief executive may keep guidelines about the making of an application under this part.

(2)The Land Act 1994, section 420B applies to the chief executive for the making of the guidelines—

(a)as if a reference to the chief executive in that section were a reference to the chief executive administering this Act; and

(b)with other necessary changes.

s 39E ins 2011 No. 31 s 340

39FApplication for right to deal with carbon abatement products

(1)An owner may apply to the chief executive to be granted a right to deal with carbon abatement products on the land.

(2)The application must be in the approved form.

s 39F ins 2011 No. 31 s 340

39GDeciding application

(1)The chief executive must decide whether to approve the application.

(2)In deciding the application, the chief executive must consider whether the land the subject of the application will, or is likely to, be used or dealt with under this Act in a way that is inconsistent with the grant of the proposed right.

(3)The chief executive may grant the application subject to conditions.

s 39G ins 2011 No. 31 s 340

39HNotice of decision

(1)As soon as practicable after deciding the application, the chief executive must give written notice of the decision to the following—

(a)the applicant; and

(b)if the chief executive approves the application—

(i)for an application relating to land registered in the freehold land register—the registrar of titles; or

(ii)for an application relating to land registered in the land registry under the Land Act 1994—the chief executive (lands).

(2)The notice must state—

(a)the decision; and

(b)if the chief executive refuses the application, or approves the application with conditions not agreed to in writing by the applicant—

(i)the reasons for the decision; and

(ii)that the applicant may seek an internal review of the decision; and

(iii)how the review is started.

s 39H ins 2011 No. 31 s 340

39IInternal review of chief executive’s decision

(1)The applicant may apply to the Minister for an internal review of the chief executive’s decision.

(2)The application must—

(a)be made within 42 days after notice of the decision was given to the applicant, or any longer period allowed by the Minister; and

(b)be written; and

(c)include details of the grounds on which the applicant seeks review of the decision.

s 39I ins 2011 No. 31 s 340

39JDecision on reconsideration

(1)After reviewing the decision (the original decision), the Minister must make a further decision (the review decision) to confirm the original decision or substitute a new decision.

(2)The Minister must immediately give written notice of the review decision to—

(a)the applicant; and

(b)if notice of the original decision was given to the registrar of titles or chief executive (lands) and the Minister substitutes a new decision—

(i)for an application relating to land registered in the freehold land register—the registrar of titles;

(ii)for an application relating to land registered in the land registry under the Land Act 1994—the chief executive (lands).

s 39J ins 2011 No. 31 s 340

pt 4 div 3 hdg amd 2011 No. 11 s 42

pt 4 div 3 sdiv 1 hdg ins 2007 No. 48 s 47

40Dedication of national park as national park (Aboriginal land) or national park (Torres Strait Islander land)

(1)This section applies to a national park, or part of a national park, (the national park land) that—

(a)is not in the Cape York Peninsula Region or the North Stradbroke Island Region; and

(b)becomes Aboriginal land or Torres Strait Islander land.

(2)On approval of the management statement or management plan for the national park land under section 113A or 118, the Governor in Council must, by regulation, dedicate the national park land as national park (Aboriginal land) or national park (Torres Strait Islander land).

(3)Despite any other Act, a regulation under this section takes effect on the delivery of the deed of grant over the national park land to the indigenous landholder for the land.

s 40 amd 1994 No. 42 s 2 sch; 2007 No. 48 s 48; 2011 No. 11 s 43; 2011 No. 26 s 113; 2013 No. 55 s 33

41Dedication of Aboriginal land as national park (Aboriginal land) or Torres Strait Islander land as national park (Torres Strait Islander land)

(1)This section applies to Aboriginal land or Torres Strait Islander land that is not a national park or included in a national park.

(2)If the indigenous landholder for the land and the Minister agree on a proposal for the lease of the land, or part of the land, to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land)—

(a)the chief executive may prepare a management statement for the land; or

(b)the Minister may prepare a management plan for the land.

(3)Part 7 applies to the management statement or management plan as if it were a management statement or management plan for a protected area.

(4)The management statement or management plan must be prepared in cooperation with the indigenous landholder, and the board of management, for the land.

(5)On—

(a)the signing of the lease; and

(b)the approval of a management statement or management plan for the land;

the Governor in Council must, by regulation, dedicate the land as national park (Aboriginal land) or national park (Torres Strait Islander land).

(6)Despite any other Act, a regulation under this section takes effect on the registration of the lease.

s 41 amd 1994 No. 42 s 2 sch; 2011 No. 26 s 114; 2013 No. 55 ss 34, 129

42Dedication of leasehold land as national park (Aboriginal land) or national park (Torres Strait Islander land)

(1)Despite the Land Act 1994, an authorised lessee may, under this section, sublease land to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land).

(2)If an authorised lessee and the Minister agree on a proposal for the sublease of land to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land)—

(a)the chief executive may prepare a management statement for the land; or

(b)the Minister may prepare a management plan for the land.

(3)Part 7 applies to the management statement or management plan as if it were a management statement or management plan for a protected area.

(4)The management statement or management plan must be prepared in cooperation with the lessees of, and the board of management for, the land.

(5)On—

(a)the signing of a sublease; and

(b)the approval of a management statement or management plan for the land;

the Governor in Council must, by regulation, dedicate the area as national park (Aboriginal land) or national park (Torres Strait Islander land).

(6)Despite any other Act, a regulation under this section takes effect on the registration of the sublease.

(7)In this section—

authorised lessee means a lessee of land under the Land Act 1994 who the Governor in Council, by regulation, has declared to be an authorised lessee for the purpose of this section.

s 42 amd 1994 No. 42 s 2 sch; 2013 No. 55 ss 35, 130

pt 4 div 3 sdiv 2 hdg ins 2007 No. 48 s 49

42AADedication of national park as national park (Cape York Peninsula Aboriginal land)

(1)This section applies to a national park, or part of a national park, (the national park land) if—

(a)the national park land is in the Cape York Peninsula Region and becomes Aboriginal land; and

(b)the Minister is satisfied an indigenous management agreement about the management of the Aboriginal land has been entered into.

(2)On the land becoming Aboriginal land, the Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).

(3)Despite any other Act, the dedication under the regulation is taken to have effect on the delivery of the deed of grant over the national park land to the indigenous landholder for the land.

s 42AA ins 2007 No. 48 s 49

amd 2011 No. 26 s 115

42ABDedication of Aboriginal land as national park (Cape York Peninsula Aboriginal land)

(1)This section applies to Aboriginal land that is not a national park or included in a national park if—

(a)the indigenous landholder for the land has entered into an indigenous management agreement for it; and

(b)the Minister and the indigenous landholder agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land).

(2)The Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).

s 42AB ins 2007 No. 48 s 49

amd 2011 No. 26 s 116; 2013 No. 55 s 131

42ACDedication of other land as national park (Cape York Peninsula Aboriginal land)

(1)This section applies to land, other than land to which section 42AB applies, that is not a national park or included in a national park if—

(a)under the Aboriginal Land Act 1991, an entity has entered into an indigenous management agreement for the land; and

(b)the Minister and the entity agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land).

(2)If the land becomes Aboriginal land—

(a)the grant of the land as Aboriginal land is subject to a condition that the land must become a national park (Cape York Peninsula Aboriginal land); and

(b)the Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).

s 42AC ins 2007 No. 48 s 49

amd 2011 No. 26 s 117; 2013 No. 55 s 132

42ADLeases etc. over national park (Cape York Peninsula Aboriginal land)

(1)A lease, agreement, licence, permit or other authority over, or in relation to, land in a national park (Cape York Peninsula Aboriginal land), other than an agreement or a licence, permit or other authority issued or given under a regulation, may be granted, made, issued or given only—

(a)by the chief executive with the consent of the indigenous landholder for the land; or

(b)by the indigenous landholder for the land with the consent of the chief executive.

(2)A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with—

(a)the management principles and any management plan for the national park (Cape York Peninsula Aboriginal land); and

(b)any indigenous land use agreement for the land; and

(c)the indigenous management agreement for the land.

(3)If a lease is granted under subsection (1), the chief executive must, as soon as practicable after the grant, lodge the lease with the chief executive (lands) for registration.

s 42AD ins 2007 No. 48 s 49

amd 2011 No. 26 s 118; 2011 No. 31 s 341; 2013 No. 55 s 175 sch 1 pt 1

42AEParticular powers about permitted uses in national park (Cape York Peninsula Aboriginal land)

(1)The chief executive and the indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land), may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—

(a)the use under the authority is only for a service facility or an ecotourism facility; and

(b)if the use under the authority is for a service facility, the chief executive and the indigenous landholder are satisfied—

(i)the cardinal principle for the management of national parks will be observed to the greatest possible extent; and

(ii)the use will be in the public interest; and

(iii)the use is ecologically sustainable; and

(iv)there is no reasonably practicable alternative to the use; and

(c)if the use under the authority is for an ecotourism facility, the chief executive and the indigenous landholder are satisfied—

(i)the use will be in the public interest; and

(ii)the use is ecologically sustainable; and

(iii)the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and

(d)the use under the authority is prescribed under a regulation made for this section to be a permitted use for the protected area.

(2)Subsection (1) has effect despite sections 15 and 42AD(2).

(3)If a lease is granted under subsection (1), the chief executive must, as soon as practicable after the grant, lodge the lease with the chief executive (lands) for registration.

s 42AE ins 2007 No. 48 s 49

amd 2011 No. 26 s 119; 2013 No. 18 s 11; 2011 No. 31 s 342

42AEA Particular powers about permitted uses for existing service facilities in national park (Cape York Peninsula Aboriginal land)

(1)The chief executive and the indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land) may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—

(a)the use under the authority is only for an existing service facility; and

(b)the chief executive and the indigenous landholder are satisfied—

(i)the use is ecologically sustainable; and

(ii)the use does not include carrying out substantial improvements to the existing service facility.

Examples of a substantial improvement to an existing service facility—

•an upgrade of a road that provides access to a communications tower

•the replacement of a pipeline with a larger pipeline

(2)Subsection (1) applies despite sections 15 and 42AD(2), and does not limit section 42AE.

(3)As soon as practicable after a lease is granted under subsection (1), the chief executive must lodge the lease with the chief executive (lands) for registration.

s 42AEA ins 2013 No. 18 s 12

amd 2013 No. 55 ss 36, 133

42AFRevocation of national park (Cape York Peninsula Aboriginal land)

(1)A regulation may revoke the dedication of all or a part of a national park (Cape York Peninsula Aboriginal land) if the land in the national park or the part of the national park has been surrendered to the State.

(2)The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

s 42AF ins 2011 No. 26 s 120

pt 4 div 3 sdiv 3 hdg ins 2011 No. 11 s 44

42AGPurpose of sdiv 3

The purpose of this subdivision is to provide for the declaration of prescribed protected areas situated in the North Stradbroke Island Region as indigenous joint management areas.

s 42AG ins 2011 No. 11 s 44

42AHDeclaration of a prescribed protected area as indigenous joint management area

(1)This section applies to a prescribed protected area, or part of a prescribed protected area, (the protected area land) if—

(a)the protected area land is in the North Stradbroke Island Region and becomes Aboriginal land; and

(b)the Minister is satisfied an indigenous management agreement about the management of the Aboriginal land has been entered into.

(2)On the land becoming Aboriginal land, the Minister must recommend to the Governor in Council the making of a regulation declaring the protected area land as an indigenous joint management area.

(3)Despite any other Act, the declaration under the regulation is taken to have effect on the delivery of the deed of grant over the protected area land to the indigenous landholder for the land.

s 42AH ins 2011 No. 11 s 44

42AIDeclaration of Aboriginal land as indigenous joint management area

(1)This section applies to Aboriginal land in the North Stradbroke Island Region that is not a prescribed protected area or included in a prescribed protected area if—

(a)the indigenous landholder for the land has entered into an indigenous management agreement for it; and

(b)the Minister and the indigenous landholder agree that the land is to be managed as an indigenous joint management area.

(2)The Minister must recommend to the Governor in Council the making of a regulation—

(a)dedicating the land as a prescribed protected area; and

(b)declaring the land as an indigenous joint management area.

s 42AI ins 2011 No. 11 s 44

amd 2013 No. 55 s 134

42AJDeclaration of other land as an indigenous joint management area

(1)This section applies to land in the North Stradbroke Island Region, other than land to which section 42AI applies, that is not a prescribed protected area or included in a prescribed protected area if—

(a)under the Aboriginal Land Act 1991, an entity has entered into an indigenous management agreement for the land; and

(b)the Minister and the entity agree that the land is to be managed as an indigenous joint management area.

(2)If the land becomes Aboriginal land—

(a)the grant of the land as Aboriginal land is subject to a condition that the land must become—

(i)a prescribed protected area; and

(ii)an indigenous joint management area; and

(b)the Minister must recommend to the Governor in Council the making of a regulation—

(i)dedicating the land as a prescribed protected area; and

(ii)declaring the land as an indigenous joint management area.

s 42AJ ins 2011 No. 11 s 44

amd 2013 No. 55 s 135

42AKRevocation of dedication of protected area or declaration of indigenous joint management areas

(1)A regulation may—

(a)revoke the dedication of a protected area, or part of a protected area, that is an indigenous joint management area; or

(b)revoke the declaration of all or a part of an indigenous joint management area;

only if the land the subject of the revocation has been surrendered to the State.

(2)A regulation under subsection (1)(a) may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

s 42AK ins 2011 No. 11 s 44

42ALAmalgamation etc. of protected areas that are indigenous joint management areas

(1)This section applies only to protected areas that are indigenous joint management areas.

(2)The Governor in Council may, by regulation—

(a)amalgamate protected areas of the same class, and assign a name to the amalgamated area; or

(b)change the class of a protected area by dedicating the area as another class of protected area; or

(c)change the boundaries of a protected area.

(3)If, because of the change in the class of a protected area, the area will be given less protection under this Act, the regulation may be made—

(a)only with the consent of the indigenous landholder for the land; and

(b)only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(4)If, because of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act), the regulation may be made only if—

(a)the land to be removed has been surrendered to the State; and

(b)the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(5)This section applies despite section 42AK.

s 42AL ins 2011 No. 11 s 44

42AMEffect of revocation of prescribed protected area on indigenous joint management area

(1)This section applies if—

(a)the dedication of a prescribed protected area, or part of a prescribed protected area, that is an indigenous joint management area is revoked under this Act; or

(b)a prescribed protected area, or part of a prescribed protected area, that is an indigenous joint management area is removed under section 42AL(2).

(2)On the revocation of the dedication of, or the removal of, the prescribed protected area or part—

(a)if the area or part is dedicated as another class of prescribed protected area—the declaration of the indigenous joint management area continues in force; or

(b)otherwise—the declaration of the indigenous joint management area for the protected area or part is taken to have been revoked.

s 42AM ins 2011 No. 11 s 44

42ANLeases etc. over land in indigenous joint management area

(1)A lease, agreement, licence, permit or other authority over, or in relation to, land in an indigenous joint management area, other than an agreement or a licence, permit or other authority issued or given under a regulation, may be granted, made, issued or given only—

(a)by the chief executive with the consent of the indigenous landholder for the land; or

(b)by the indigenous landholder for the land with the consent of the chief executive.

(2)A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with—

(a)the management principles and any management plan for the indigenous joint management area; and

(b)any indigenous land use agreement for the land; and

(c)the indigenous management agreement for the land.

(3)If a lease is granted under subsection (1), the chief executive must, as soon as practicable after the grant, lodge the lease with the chief executive (lands) for registration.

s 42AN ins 2011 No. 11 s 44; 2011 No. 31 s 343

amd 2013 No. 55 s 175 sch 1 pt 1

42AOParticular powers about permitted uses on land in particular indigenous joint management areas

(1)The chief executive and the indigenous landholder for land in a national park, or part of a national park, that is an indigenous joint management area, may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—

(a)the use under the authority is only for a service facility or an ecotourism facility; and

(b)if the use under the authority is for a service facility, the chief executive and the indigenous landholder are satisfied—

(i)the cardinal principle for the management of national parks will be observed to the greatest possible extent; and

(ii)the use will be in the public interest; and

(iii)the use is ecologically sustainable; and

(iv)there is no reasonably practicable alternative to the use; and

(c)if the use under the authority is for an ecotourism facility, the chief executive and the indigenous landholder are satisfied—

(i)the use will be in the public interest; and

(ii)the use is ecologically sustainable; and

(iii)the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and

(d)the use under the authority is prescribed under a regulation made for this section to be a permitted use for the indigenous joint management area.

(2)Subsection (1) has effect despite sections 15 and 42AN(2).

(3)As soon as practicable after a lease is granted under subsection (1), the chief executive must lodge the lease with the chief executive (lands) for registration.

s 42AO ins 2011 No. 11 s 44

amd 2013 No. 18 s 13; 2013 No. 55 ss 37, 136

42AOA Particular powers about permitted uses for existing service facilities on land in particular indigenous joint management areas

(1)The chief executive and the indigenous landholder for land in a national park, or part of a national park, that is an indigenous joint management area, may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—

(a)the use under the authority is only for an existing service facility; and

(b)the chief executive and the indigenous landholder are satisfied—

(i)the use is ecologically sustainable; and

(ii)the use does not include carrying out substantial improvements to the existing service facility.

Examples of a substantial improvement to an existing service facility—

•an upgrade of a road that provides access to a communications tower

•the replacement of a pipeline with a larger pipeline

(2)Subsection (1) applies despite sections 15 and 42AN(2), and does not limit section 42AO.

(3)As soon as practicable after a lease is granted under subsection (1), the chief executive must lodge the lease with the chief executive (lands) for registration.

s 42AOA ins 2013 No. 18 s 14

amd 2013 No. 55 ss 38, 137

42APAuthorities for new national park that is an indigenous joint management area

(1)This section applies if—

(a)land is, or is part of, an indigenous joint management area; and

(b)the land is dedicated as a national park; and

(c)immediately before the dedication, the land was being used (the previous use) in a way that is inconsistent with the management principles of the park.

(2)The chief executive and the indigenous landholder for land in the national park, or a part of the national park, that is an indigenous joint management area, may grant an authority (a previous use authority) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication.

(3)However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959, section 56.

(4)A previous use authority must not be renewed.

(5)This section applies despite sections 15 and 42AN(2), and does not limit sections 42AO and 42AOA.

(6)In this section—

allowable term, in relation to a previous use authority, means a term no longer than—

(a)if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease—

(i)an occupation permit under the Forestry Act 1959, section 35(1)(a) under which the right of occupation is only for a service facility;

(ii)a stock grazing permit under the Forestry Act 1959, section 35(1)(c);

(iii)an apiary permit under the Forestry Act 1959, section 35(1)(d);

(iv)a sales permit under the Forestry Act 1959, section 56, for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;

(v)a lease under the Land Act 1994; or

(b)otherwise—3 years after the dedication.

authority means an agreement or a lease, licence, permit or other authority.

plant parts means the flowers, foliage, seeds or stems of the plant.

s 42AP ins 2011 No. 11 s 44

amd 2013 No. 18 s 15; 2013 No. 5 s 138

pt 4 div 3 sdiv 4 hdg ins 2011 No. 31 s 344

42AQChief executive to lodge document for dedication, declaration or change

(1)This section applies if a regulation is made for—

(a)the dedication or declaration of the following under this division—

(i)a national park (Aboriginal land);

(ii)a national park (Torres Strait Islander land);

(iii)a national park (Cape York Peninsula Aboriginal land);

(iv)an indigenous joint management area; or

(b)the revocation, amalgamation or other change to an indigenous joint management area under subdivision 3.

(2)The chief executive must lodge for registration with the chief executive (lands) a document evidencing the matter the subject of the regulation.

(3)The document must—

(a)be lodged as soon as practicable after the dedication, declaration, revocation, amalgamation or change is made; and

(b)comply with any requirements of the chief executive (lands).

(4)If the dedication, declaration, revocation, amalgamation or other change mentioned in subsection (1) affects a part of a lot with the meaning of the Land Act 1994, the document must be accompanied by a plan of subdivision for the change.

s 42AQ ins 2011 No. 31 s 344

pt 4 div 3A hdg ins 2000 No. 44 s 22

sub 2013 No. 55 s 139; 2016 No. 22 s 16

42ADeclaration of special management area (controlled action)

(1)The chief executive may, by notice, declare a prescribed national park, or part of a prescribed national park, as a special management area (controlled action) to allow activities of a type, or for a purpose, stated in—

(a)section 17(1A)(a); or

(b)section 17(1A)(b); or

(c)section 17(1A)(a) and (b).

(1A)However, if the prescribed national park is a national park (Cape York Peninsula Aboriginal land), the chief executive may only declare the special management area (controlled action) with the consent of the indigenous landholder for the land.

(2)The notice declaring the special management area (controlled action) must—

(a)be erected or displayed at the entrance of the prescribed national park or part of the prescribed national park declared as a special management area (controlled action); and

(b)be easily visible to passers-by; and

(c)identify the limits of the area to which the notice applies; and

(d)state the prescribed activities that may be carried out in the special management area (controlled action).

(3)When the notice is erected or displayed, the chief executive must publish—

(a)a copy of the notice on the department’s website; and

(b)a notice in the gazette about the declaration of the special management area (controlled action).

(4)In this section—

prescribed activities means the activities of a kind, or for a purpose, mentioned in section 17(1A) for which the special management area (controlled action) was declared.

prescribed national park means—

(a)a national park; or

(b)a national park (Aboriginal land); or

(c)a national park (Torres Strait Islander land); or

(d)a national park (Cape York Peninsula Aboriginal land).

s 42A ins 2000 No. 44 s 22

sub 2013 No. 55 s 139

amd 2016 No. 22 s 17

42BWhen declaration of special management area (controlled action) ends

(1)A declaration made under section 42A(1) ends on the day the chief executive removes the notice declaring the special management area (controlled action).

(2)When the notice is removed, the chief executive must—

(a)remove the copy of the notice on the department’s website; and

(b)publish a notice in the gazette about the ending of the declaration of the special management area (controlled action).

s 42B ins 2000 No. 44 s 22

sub 2013 No. 55 s 139

amd 2016 No. 22 s 18

pt 4 div 3B hdg ins 2019 No. 8 s 12

43Application of division

(1)This division applies to the following land—

(a)freehold land;

(b)Aboriginal land and Torres Strait Islander land;

(c)land subject to a lease under the Land Act 1994;

(d)land that is a reserve under the Land Act 1994.

(2)However, this division does not apply to transferable land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991.

(3)If a relevant provision is inconsistent with a provision of another Act applying to land to which this division applies, the relevant provision prevails to the extent of the inconsistency.

(4)In this section—

relevant provision means—

(a)a provision of this division; and

(b)another provision of this Act applying to land to which this division applies because the land is in a special wildlife reserve.

s 43 prev s 43 om 2013 No. 55 s 41

pres s 43 ins 2019 No. 8 s 12

43AProposal for declaration of special wildlife reserve

(1)This section applies if, after considering the following matters in relation to an area of land, the Minister is satisfied the area should be declared as a special wildlife reserve—

(a)the State interest;

(b)the area’s exceptional natural and cultural resources and values.

(2)The Minister must prepare a proposal for the declaration.

(3)The proposal must describe the area (the proposed reserve area) to be included in the special wildlife reserve.

(4)The description of the proposed reserve area must include the following details—

(a)the geographical area of the proposed reserve area;

(b)the proposed reserve area’s exceptional natural and cultural resources and values.

(5)The Minister must give written notice about the proposal to—

(a)each person who has an interest in land in the proposed reserve area; and

(b)each holder of an exploration permit under the Mineral Resources Act 1989 for land in the proposed reserve area; and

(c)each holder of an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 for land in the proposed reserve area; and

(d)each holder of a mining interest, geothermal tenure or GHG authority to which land in the proposed reserve area is subject.

(6)The notice must state a day by which the person may make submissions to the Minister about the proposal.

(7)If the Minister considers it is impracticable to give written notice under subsection (5) to persons of a particular class, the Minister may give the notice by taking reasonable steps to ensure the class is made aware of the proposal.

Examples of taking reasonable steps—

•advertising in newspapers or other publications

•publishing a notice on the department’s website

(8)In this section—

State interest means an interest the Minister considers to be an economic, environmental or community interest of the State.

s 43A ins 2019 No. 8 s 12

43BMaking conservation agreement for special wildlife reserve

(1)The Minister must, for the State, enter into a conservation agreement for a proposed special wildlife reserve if—

(a)the Minister and the landholder of land in the proposed reserve area for the special wildlife reserve agree—

(i)the land should be a special wildlife reserve; and

(ii)on the terms of the agreement for the reserve; and

(b)there is an approved management program for the reserve.

(2)However, if the rights or interests of a person mentioned in section 43A(5) will be materially affected by the conservation agreement, the Minister must not enter into the agreement without the person’s written consent.

(3)Also, the Minister may enter into a conservation agreement for a proposed special wildlife reserve in the Cape York Peninsula Region only if—

(a)native title for the area has been extinguished; or

(b)for an area for which native title has not been extinguished—

(i)there is an indigenous land use agreement for the area; and

(ii)the dedication of a special wildlife reserve over the area is allowed under the indigenous land use agreement; and

(iii)the conservation agreement is consistent with the indigenous land use agreement.

(4)In this section—

approved management program, for a special wildlife reserve, means a management program for the reserve approved by the Minister under section 120EC.

s 43B ins 2019 No. 8 s 12

43CTerms of conservation agreement for special wildlife reserve

(1)A conservation agreement must—

(a)be consistent with the management principles for a special wildlife reserve; and

(b)state it is binding on the landholder of the land and the landholder’s successors in title; and

(c)contain details of the management program for the special wildlife reserve; and

(d)contain terms prohibiting the following—

(i)the granting of a mining interest, geothermal tenure or GHG authority in relation to the land that can not be granted in relation to a special wildlife reserve under section 27;

(ii)the carrying out of an activity under the Forestry Act 1959 on the land that is prohibited from being carried out on a special wildlife reserve under that Act;

(iii)the granting of a licence or permit under the Fossicking Act 1994 in relation to the land.

(2)A conservation agreement may contain terms—

(a)requiring the State to provide financial or other assistance; or

(b)requiring the State to provide technical advice; or

(c)requiring the State to carry out stated activities; or

(d)allowing a landholder to carry out stated activities; or

(e)prohibiting a stated use of land in the special wildlife reserve; or

(f)restricting the use or management of land in the special wildlife reserve; or

(g)requiring a landholder to refrain from, or not to permit, stated activities; or

(h)requiring a landholder to carry out stated activities; or

(i)requiring a landholder to permit or restrict access to the special wildlife reserve by stated persons; or

(j)stating the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or

(k)requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement ends; or

(l)providing for any other matter relating to the conservation of nature in the special wildlife reserve, including the implementation of the management program for the reserve.

s 43C ins 2019 No. 8 s 12

43DDeclaration of special wildlife reserve

A regulation may declare an area of land the subject of a conservation agreement as a special wildlife reserve.

s 43D ins 2019 No. 8 s 12

43EAgreeing to amend conservation agreement

(1)The Minister and landholders bound by a conservation agreement for a special wildlife reserve may agree to amend the agreement.

(2)However, the amendment must not adversely affect the conservation of nature in the special wildlife reserve.

(3)If the amendment materially affects the rights or interests of a person mentioned in section 43A(5), the amendment may be made only with the written consent of the person.

(4)If a regulation under section 43J is required because of the amendment, the amendment does not take effect until the regulation commences.

(5)Subsection (1) is subject to section 43C(1).

s 43E ins 2019 No. 8 s 12

43FLeases etc. over land in special wildlife reserve

(1)A lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve (other than an agreement or a licence, permit or other authority issued or given under a regulation) may be granted, made, issued or given only—

(a)by the chief executive under this Act with the consent of the landholder of the land; or

(b)under another Act by—

(i)the Governor in Council; or

(ii)someone else with the consent of the Minister or chief executive; or

(c)if the landholder of the land gives a lease or sublease of the land to another person—by the landholder with the consent of the chief executive.

(2)A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with the management principles and the conservation agreement for the special wildlife reserve.

(3)As soon as practicable after a lease is granted or given under subsection (1), the person who granted or gave the lease must lodge the lease for registration with—

(a)if the lease is over freehold land—the registrar of titles; or

(b)otherwise—the chief executive (lands).

s 43F ins 2019 No. 8 s 12

43GService facilities over land in special wildlife reserve

(1)The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if—

(a)the use under the authority is only for a new service facility; and

(b)the landholder of the land consents to the use; and

(c)the chief executive is satisfied—

(i)the management principles and the conservation agreement for the special wildlife reserve will be observed to the greatest possible extent; and

(ii)the use will be in the public interest; and

(iii)the use is ecologically sustainable; and

(iv)there is no reasonably practicable alternative to the use; and

(d)the use is prescribed by regulation to be a permitted use for the special wildlife reserve.

(2)The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if—

(a)the use under the authority is only for an existing service facility; and

(b)the chief executive is satisfied the use—

(i)is ecologically sustainable; and

(ii)does not include carrying out substantial improvements to the existing service facility.

Examples of a substantial improvement to an existing service facility—

•an upgrade of a road that provides access to a communications tower

•the replacement of a pipeline with a larger pipeline

(3)Subsection (1) has effect despite sections 15 and 43F(2).

(4)Subsection (2) has effect despite sections 15, 43F(1)(a) and 43F(2).

(5)In this section—

new service facility means a service facility, other than an existing service facility.

s 43G ins 2019 No. 8 s 12

43HPrevious use authorities in special wildlife reserve

(1)This section applies if—

(a)land is declared as a special wildlife reserve; and

(b)immediately before the declaration, the land was being used (the previous use) by a person other than the landholder of the land in a way that is inconsistent with the management principles and conservation agreement for the special wildlife reserve.

(2)The chief executive may grant an authority (a previous use authority) to the person over, or in relation to, the land to allow the previous use to continue for no longer than the allowable term.

(3)A previous use authority must not be renewed.

(4)This section—

(a)applies despite sections 15, 43F(1)(a) and 43F(2); and

(b)does not limit section 43G(2).

(5)In this section—

allowable term, in relation to previous use on a special wildlife reserve, means—

(a)if the previous use was under an authority—the unexpired term of the authority; or

(b)otherwise—3 years after the declaration of the reserve.

authority means an agreement, lease, licence, permit or other authority.

s 43H ins 2019 No. 8 s 12

43IAmalgamation of special wildlife reserves

A regulation may—

(a)amalgamate the areas of 2 or more special wildlife reserves; and

(b)assign a name to the amalgamated area.

s 43I ins 2019 No. 8 s 12

43JRevocation of special wildlife reserves

(1)A regulation may revoke the declaration of all or part of a special wildlife reserve.

(2)The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(3)Subsection (2) does not apply if the regulation—

(a)makes a minor change to the boundaries of a special wildlife reserve and the Minister is satisfied the change does not adversely affect the conservation of nature; or

Example for paragraph (a)—

changing the boundaries of a special wildlife reserve to align with a new survey of an existing road

(b)increases the area of land in a special wildlife reserve and the Minister is satisfied the increase does not adversely affect the conservation of nature; or

(c)dedicates the land subject of the revocation as a national park (scientific) or a national park.

(4)If the regulation revokes the declaration of all of a special wildlife reserve, the conservation agreement and management program for the reserve end on the revocation.

(5)If the regulation revokes the declaration of part of a special wildlife reserve, on the revocation, the conservation agreement and management program for the reserve stop having effect in relation to the land removed from the reserve.

s 43J ins 2019 No. 8 s 12

43KConservation agreements for special wildlife reserves binding

(1)A conservation agreement for a special wildlife reserve is binding on—

(a)the landholder of the land in the reserve; and

(b)the landholder’s successors in title; and

(c)any other person with an interest in land in the reserve who consented to the agreement.

(2)Subsection (1) applies even if—

(a)there is a lease or reserve under the Land Act 1994 over the land in the special wildlife reserve; and

(b)under the Land Act 1994—

(i)the lease is renewed or extended; or

(ii)the lease is converted to freehold land or a different type of lease; or

(iii)the reserve is converted to freehold land or a different type of reserve.

s 43K ins 2019 No. 8 s 12

43LConsent for transfer or surrender of land or expiry of lease

(1)This section applies if—

(a)a special wildlife reserve is declared over freehold land or land in a lease under the Land Act 1994; and

(b)a person intends, under the Land Act 1994, to do any of the following—

(i)surrender all or part of the freehold land or lease;

(ii)allow the lease to expire at the end of its term;

(iii)transfer the lease.

(2)The person must obtain the chief executive’s written consent—

(a)for the surrender or transfer before seeking approval from the chief executive (lands) to surrender the freehold land or lease, or transfer the lease; or

(b)for the expiry before giving an expiry advice under the Land Act 1994 to the chief executive (lands).

s 43L ins 2019 No. 8 s 12

amd 2019 No. 17 s 360 sch 1

pt 4 div 4 hdg sub 2013 No. 55 s 40

44Proposal for declaration of nature refuge

(1)If the Minister is satisfied that an area should be declared a nature refuge, the Minister must prepare a proposal for the declaration.

(2)The proposal for the declaration must—

(a)describe the lands to be included in the nature refuge; and

(b)specify the proposed management intent for the nature refuge.

(3)The Minister must give written notice to all landholders affected by the proposal.

(4)The notice must specify a day by which the landholders may make submissions to the Minister relating to the proposal.

(5)If the Minister considers that it is impracticable to give notice to each landholder of a particular class, it is sufficient compliance with subsection (3) if the Minister gives notice to the class by publishing a notice in such newspapers as the Minister determines.

(6)In this section—

landholder includes a person having an interest in land.

s 44 amd 2013 No. 55 s 42

45Conservation agreements for nature refuges

(1)If the Minister and landholders concerned agree on—

(a)a proposal that an area should be a nature refuge; and

(b)the management intent for the nature refuge; and

(c)the terms of a proposed conservation agreement for the nature refuge to be made between the State and the landholders;

the Minister must, for the State, enter into the conservation agreement.

(2)However, if the rights of any of the following persons will be materially affected by the conservation agreement, the Minister must not enter into it without that person’s written consent—

(a)if land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder or authority holder;

(b)if land in the area is subject to an encumbrance—the person entitled to the benefit of the encumbrance.

(3)The conservation agreement must be consistent with the management principles for a nature refuge.

(4)The conservation agreement may contain terms that are binding on—

(a)the State; and

(b)a landholder and the landholder’s successors in title.

(5)Without limiting subsection (4), the conservation agreement may contain terms—

(a)requiring the State to provide financial or other assistance; or

(b)requiring the State to provide technical advice; or

(c)requiring the State to carry out specified activities; or

(d)allowing a landholder to carry out specified activities; or

(e)prohibiting a specified use of land in the nature refuge; or

(f)restricting the use or management of land in the nature refuge; or

(g)requiring a landholder to refrain from, or not to permit, specified activities; or

(h)requiring a landholder to carry out specified activities; or

(i)requiring a landholder to permit or restrict access to the nature refuge by specified persons; or

(j)specifying the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or

(k)requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement is terminated under section 47(2); or

(l)providing for any other matter relating to the conservation of the nature refuge, including the implementation of any management plan for the nature refuge.

s 45 amd 1994 No. 42 s 2 sch; 2005 No. 53 s 132; 2009 No. 3 s 520; 2011 No. 26 s 189 sch; 2010 No. 31 s 585 sch 2 pt 4; 2013 No. 55 s 43

46Declaration of nature refuges

(1)A regulation may declare a specified area of State land, or the area the subject of a conservation agreement, as a nature refuge.

(2)The regulation must specify—

(a)the declared management intent for the nature refuge; and

(b)the duration of the declaration, which must, if the area is the subject of a conservation agreement, be the duration of the agreement.

(3)For subsection (2)(b), a reference in the regulation to the duration of the conservation agreement for the area is, if the agreement is terminated and replaced by another agreement under section 48, a reference to the duration of the other agreement.

(4)In subsection (1)—

State land includes a reserve under the Land Act 1994.

s 46 amd 1994 No. 42 s 2 sch; 1995 No. 57 s 4 sch 1; 2008 No. 52 s 90; 2013 No. 55 ss 44, 140

47Duration and termination of conservation agreements

(1)A conservation agreement has effect until it expires under its terms unless—

(a)it is terminated under subsection (2) or by another agreement under section 48; or

(b)the declaration of the nature refuge or coordinated conservation area to which it relates is revoked.

(2)Subject to section 48, a conservation agreement may be terminated only if—

(a)in the case of a nature refuge—

(i)the landholder who entered into the agreement requests its termination under the terms of the agreement; and

(ii)the Minister is of the opinion that the nature refuge to which the agreement relates is no longer needed for, or is no longer capable of being used to achieve, the declared management intent for the nature refuge; or

(b)in the case of a coordinated conservation area—the landholder requests its termination under the terms of the agreement.

s 47 amd 2008 No. 52 s 91; 2013 No. 55 s 45

48Variation or replacement of conservation agreements

(1)The State and the landholders bound by a conservation agreement for a nature refuge or coordinated conservation area (the earlier agreement) may enter into another conservation agreement for the nature refuge or coordinated conservation area (the later agreement) that varies, or terminates and replaces, the earlier agreement.

(2)The earlier agreement may be varied, for example—

(a)in the case of a nature refuge—by removing, at the request of the landholder who entered into the agreement, a part of the nature refuge that, in the Minister’s opinion, is no longer needed for, or capable of being used to achieve, the declared management intent for the nature refuge; and

(b)in the case of a coordinated conservation area—by removing a part of the coordinated conservation area at the request of one of the landholders.

(3)Section 45(2) to (5) applies to the later agreement.

(3A)For a later agreement for a coordinated conservation area, section 45(2) to (5) applies to the later agreement as if a reference to the nature refuge were a reference to the coordinated conservation area.

(4)However, section 45(2) does not apply in relation to a person whose rights will only be affected by the later agreement in the same way as by the earlier agreement.

s 48 amd 2008 No. 52 s 92; 2013 No. 55 s 46

49Compulsory declaration of nature refuge

(1)If—

(a)the Minister and landholders concerned are unable to agree on—

(i)a proposal to declare a nature refuge; or

(ii)the terms of a conservation agreement for the area concerned; and

(b)the Minister is of the opinion that the area is, or includes—

(i)an area of major interest; or

(ii)a critical habitat;

and should be declared a nature refuge;

the Minister may give written notice to the landholders, and persons having an interest in the landholders’ land, advising that a recommendation may be made to the Governor in Council that the area be compulsorily declared as a nature refuge.

(2)The notice must specify—

(a)the proposed management intent for the area; and

(b)the reasons why the Minister has reached the opinion; and

(c)a day by which objections relating to the recommendation must be received by the Minister.

(3)After consideration of any objections properly received by the Minister, the Governor in Council may, by regulation, declare the area, or part of the area, as a nature refuge.

(4)The regulation must—

(a)describe the area for which the declaration is made; and

(b)specify the declared management intent for the area; and

(c)specify the covenant applying to the declaration; and

(d)specify such other particulars as are prescribed.

s 49 amd 1994 No. 42 s 2 sch

50Revocation of nature refuge or coordinated conservation area

The Governor in Council may, by regulation, revoke the declaration of a nature refuge or coordinated conservation area in whole or part.

s 50 amd 1994 No. 42 s 2 sch; 2013 No. 55 s 175 sch 1 pt 1

51Conservation agreements and conservation covenants for nature refuges binding

(1)A conservation agreement in relation to the land in a nature refuge is binding on—

(a)the landholder of the land; and

(b)the landholder’s successors in title; and

(c)any other person with an interest in land in the nature refuge to the extent the agreement contains terms to that effect.

(2)A conservation covenant in relation to the land in a nature refuge is binding on persons with an interest in the land to the extent stated in the covenant.

(3)Subsection (1) applies even if—

(a)there is a lease or reserve under the Land Act 1994 over the land in the nature refuge; and

(b)under the Land Act 1994—

(i)the lease is renewed or extended; or

(ii)the lease is converted to freehold land or a different type of lease; or

(iii)the reserve is converted to freehold land or a different type of reserve.

s 51 amd 1994 No. 42 s 10; 2000 No. 44 s 39; 2013 No. 55 s 47

sub 2019 No. 8 s 14

pt 4 div 4A hdg (prev div 2 sdiv 4 hdg) ins 2000 No. 44 s 21

renum and reloc 2019 No. 8 s 9

53Application of division

(1)This division applies if a person seeks, under section 34, 35, 38, 43F or 43G(1), an interest in relation to land in a protected area.

(2)This division applies despite any other Act under which the interest is to be created.

s 53 prev s 53 amd 1994 No. 42 s 2 sch; 2004 No. 48 s 165

om 2013 No. 55 s 49

pres s 53 (prev s 39A) ins 2000 No. 44 s 21

amd 2019 No. 8 s 10

renum and reloc 2019 No. 8 s 11

54Chief executive may require EIS

(1)The chief executive may, before the interest is created, require the person to give the chief executive an EIS for the use, or a stated use, of the land under the interest.

(2)The EIS process under the Environmental Protection Act 1994 applies for the EIS as if the use or stated use were a project to which chapter 3, part 1 of that Act applies.

(3)The person must pay the costs of preparing the EIS.

s 54 prev s 54 amd 1994 No. 42 s 2 sch

om 2013 No. 55 s 49

pres s 54 (prev s 39B) ins 2000 No. 44 s 21

amd 1994 No. 62 s 616 (2) (as ins 2000 No. 64 s 52)

renum and reloc 2019 No. 8 s 11

55EIS must be considered

(1)If an EIS has been required, the interest must not be created before the EIS has been given to the chief executive.

(2)If an EIS has been given, the chief executive or other person who may create the interest must take the EIS into account before deciding whether or not to create the interest.

s 55 prev s 55 amd 1994 No. 42 s 2 sch

om 2013 No. 55 s 49

pres s 55 (prev s 39C) ins 2000 No. 44 s 21

renum and reloc 2019 No. 8 s 11

pt 4 div 5 hdg prev div 5 hdg om 2013 No. 55 s 49

pres div 5 hdg (prev div 7 hdg) renum 2013 No. 55 s 50

61Property in cultural and natural resources

(1)All cultural and natural resources of a national park (scientific), national park, conservation park or resources reserve are the property of the State.

(2)However, if land in a protected area mentioned in subsection (1) was included in a forest reserve immediately before the dedication of the protected area, subsection (1) does not extinguish or affect native title or native title rights and interests in relation to the land.

(3)Also, subsection (1) has effect subject to—

(a)the Aboriginal Cultural Heritage Act 2003 to the extent it provides for the ownership of Aboriginal cultural heritage other than by the State; and

(b)the Torres Strait Islander Cultural Heritage Act 2003 to the extent it provides for the ownership of Torres Strait Islander cultural heritage other than by the State.

s 61 amd 2000 No. 44 s 23; 2003 No. 79 s 170 sch 1; 2013 No. 55 s 141; 2016 No. 22 s 20

62Restriction on taking etc. of cultural and natural resources of protected areas

(1)A person, other than an authorised person, must not take, use, keep or interfere with a cultural or natural resource of a protected area, other than under—

(a)the interim or declared management intent for the area; or

(b)an indigenous management agreement in relation to the area or any conservation agreement, conservation covenant or management program applicable to the area; or

(c)a lease, agreement, licence, permit or other authority granted, made, issued or given—

(i)by the chief executive under a prescribed provision; or

(ii)under the Forestry Act 1959 or Mineral Resources Act 1989; or

(iii)under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or

(d)a licence, permit or other authority issued or given under a regulation; or

(e)if the area is a conservation park, resources reserve, nature refuge or a coordinated conservation area—an exemption under a regulation.

Maximum penalty—3000 penalty units or 2 years imprisonment.

(2)It is a defence to a charge of taking or interfering with a cultural or natural resource in contravention of subsection (1) to prove that—

(a)the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and

(b)the taking or interference could not have been reasonably avoided.

(3)Subsection (2) does not allow a person to use or keep the resource.

(4)Despite subsection (1) and section 15, but subject to the conditions prescribed under a regulation, a person may take—

(a)a fish in a prescribed place; or

(b)an invertebrate animal in a prescribed place for use as bait to take fish under paragraph (a); or

(c)a mud crab (Scylla serrata) in a prescribed place.

(5)However, subsection (4) does not authorise a person to take—

(a)an animal for a commercial purpose; or

(b)an animal prescribed under this Act as threatened or near threatened wildlife; or

(c)an animal prescribed under a regulation for this paragraph.

(6)Also, subsection (4) does not, in itself, authorise a person to enter a prescribed place.

(7)In this section—

national park includes a national park (Aboriginal land), national park (Torres Strait Islander land) and national park (Cape York Peninsula Aboriginal land).

prescribed place means a national park, or part of a national park, prescribed under a regulation for subsection (4)(a), (b) or (c).

prescribed provision means section 34, 35, 35A, 36, 37, 38, 42AD, 42AE, 42AEA, 42AN, 42AO, 42AOA, 42AP, 43F or 43H.

s 62 amd 1994 No. 42 s 12; 1997 No. 8 s 4; 2000 No. 44 s 24; 2004 No. 14 s 4; 2005 No. 53 s 133; 2007 No. 48 s 49A; 2013 No. 55 ss 142, 175 sch 1 pt 1; 2016 No. 22 s 21; 2019 No. 8 s 16

pt 4 div 6 hdg prev div 6 hdg om 2013 No. 55 s 49

pres div 6 hdg (prev div 8 hdg) renum 2013 No. 55 s 50

63Meaning of landholder in division

In this division—

landholder includes a person having an interest in land.

64Naming of protected areas

The Governor in Council may, by regulation, assign a name to, or alter the name of, a protected area or aggregation of protected areas.

s 64 amd 1994 No. 42 s 2 sch

65Effect of change in class of protected area

(1)If a protected area, or part of a protected area, is dedicated or declared under this Act to be a protected area of a different class, the later dedication or declaration revokes the earlier dedication or declaration of the area or the part of the area to which the dedication or declaration relates.

(2)To allay any doubt—

(a)subsection (1) applies subject to sections 32, 33 and 43J; and

(b)subsection (1) does not apply to the declaration of a protected area that includes another class of protected area.

s 65 amd 1994 No. 42 s 2 sch; 2007 No. 56 s 34; 2019 No. 8 s 17

66Offset condition for protected area authority

(1)A condition of a protected area authority may require or otherwise relate to an environmental offset (an offset condition).

Note—

The Environmental Offsets Act 2014, part 6, states further conditions that apply to a protected area authority and those further conditions are called deemed conditions. A breach of a deemed condition may be dealt with under this Act.

(2)An offset condition may require an environmental offset to be undertaken on land to which a protected area authority applies or on other land in the State.

(3)If an applicant for a protected area authority has entered into an agreement about an environmental offset, an offset condition may require the applicant to comply with the agreement.

(4)An agreement entered into under subsection (3) is not an environmental offset agreement under the Environmental Offsets Act 2014.

(5)In this section—

environmental offset see the Environmental Offsets Act 2014, schedule 2.

protected area authority means a lease, agreement, licence, permit or other authority under this Act (including under a regulation) over, or in relation to, land in a protected area.

s 66 prev s 66 amd 1994 No. 42 s 13

om 2013 No. 55 s 51

pres s 66 ins 2014 No. 33 s 130

66AConditions of protected area authority

(1)This section applies if, on or after the commencement of this section, a protected area authority becomes, under this Act, subject to an offset condition.

(2)To the extent the offset condition is inconsistent with a deemed condition, the deemed condition prevails.

Note—

See the Environmental Offsets Act 2014, section 5(3). Under that provision, particular imposed conditions prevail over deemed conditions.

(3)In this section—

deemed condition see the Environmental Offsets Act 2014, schedule 2.

offset condition see section 66(1).

protected area authority see section 66(5).

s 66A ins 2014 No. 33 s 130

67Compensation when nature refuge declared

(1)This section applies if a nature refuge is declared under section 49.

(2)If a landholder’s interest in land is injuriously affected by a restriction or prohibition imposed under the declaration on the landholder’s existing use of the land, the landholder is entitled to be paid by the State the reasonable compensation because of the restriction or prohibition that is agreed between the State and the landholder or, failing agreement, decided by the Land Court.

(3)The landholder’s interest in the land is not injuriously affected if the restriction or prohibition under the declaration is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the declaration.

(4)Compensation is not payable if compensation has already been paid for—

(a)the restriction or prohibition; or

(b)a restriction or prohibition to the same effect.

(5)A claim for compensation must—

(a)be made in a form approved by the chief executive; and

(b)be made to the chief executive within 6 months after the declaration of the nature refuge, or the longer period the chief executive or Land Court in special circumstances allows.

(6)In making a determination, the Land Court must have regard to the following matters—

(a)the capacity of the land to sustain the existing use;

(b)any change in the value of the land because of the declaration;

(c)any change in the profitability of the land because of the declaration.

(7)Subsection (6) does not limit the matters to which the Land Court may have regard in making a determination.

(8)Subsection (2) does not apply to land if—

(a)when the nature refuge is declared, the area the subject of the declaration is identified as, or including, a critical habitat or an area of major interest in—

(i)a regulation (the first regulation); or

(ii)a conservation plan; and

(b)the regulation making the declaration declares that the first regulation or conservation plan continues to apply to the area after the declaration; and

(c)the landholder receives, or is entitled to receive, compensation under section 137A in relation to the land because of the making of the first regulation or approval of the conservation plan.

(9)In this section—

existing use of land includes a lawful use made of the land immediately before the restriction or prohibition imposed under the declaration or regulation mentioned in subsection (1) started applying to the land.

s 67 sub 1994 No. 42 s 14

amd 2000 No. 44 s 39; 2013 No. 55 s 143; 2013 No. 50 s 4 (1)–(3) (amdts could not be given effect); 2013 No. 50 s 4 (4)

68No compensation on termination of conservation agreements or revocation of protected areas

If—

(a)a conservation agreement is terminated under this Act; or

(b)a declaration of a protected area is revoked, in whole or part;

the landholders concerned are not entitled to compensation because of the termination or revocation.

68ALiability of State

(1)The State is not legally liable for an act or omission on, or in relation to, private land merely because—

(a)a conservation agreement has been entered into for the land; or

(b)the land has been declared as, or as part of, a special wildlife reserve, nature refuge or coordinated conservation area.

(2)In this section—

private land means land other than State land.

s 68A ins 2019 No. 8 s 18

69Preservation of landholders’ interests

(1)The interests of a landholder of land forming part of a protected area are not affected by—

(a)the dedication or declaration of the protected area; or

(b)the declaration of the protected area, or part of the protected area, as a special management area (controlled action).

(2)Subsection (1) does not apply to the extent—

(a)the landholder is bound by a conservation agreement or conservation covenant in relation to the land; or

(b)of a regulation giving effect to a management plan for the protected area.

(3)Subsection (1) is subject to section 43L.

s 69 amd 1994 No. 42 s 2 sch; 2013 No. 55 s 175 sch 1 pt 1

sub 2013 No. 55 s 144

amd 2016 No. 22 s 22; 2019 No. 8 s 19

70Unlawful use of certain words

(1)A person must not use words about an area that is not a protected area in a way that is likely to cause someone else reasonably to believe the area is a protected area.

Maximum penalty—50 penalty units.

(2)A person must not use words about a protected area in a way that is likely to cause someone else reasonably to believe the area is a protected area of a different class.

Maximum penalty—50 penalty units.

(3)However, subsections (1) and (2) do not stop a person using the words ‘national park’ or ‘conservation park’ in referring to the name of—

(a)a zone of a marine park set apart and declared under the Marine Parks Act 1982; or

(b)an area declared to be part of the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth).

s 70 sub 1994 No. 42 s 15

amd 2003 No. 96 s 20; 2013 No. 55 s 145; 2016 No. 22 s 23

70AARegulations may define extent of area

(1)This section applies to a regulation made under a prescribed provision.

(2)The regulation may define the extent of the area or land dedicated or declared under the regulation by reference to—

(a)a specified depth below the surface of land; or

(b)a specified height above the surface of land.

(3)In this section—

prescribed provision means section 29(1), 41(5), 42(5), 42AB(2), 42AC(2), 42AI(2), 42AJ(2), 43D or 46(1).

s 70AA ins 2013 No. 55 s 146

amd 2016 No. 22 s 24; 2019 No. 8 s 20

pt 4A hdg ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

pt 4A div 1 hdg ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70APurpose of pt 4A and its achievement

(1)The purpose of this part is to assist the dedication of forest reserves as protected areas.

(2)It is Parliament’s intention that, subject to any revocation under this part or the land ceasing to be forest reserve under the Forestry Act 1959, section 25A, each area of land dedicated as a forest reserve will become a protected area as soon as practicable after its dedication.

s 70A ins 2000 No. 44 s 25

amd 2007 No. 36 s 2 sch; 2013 No. 55 s 52

exp 31 December 2025 (see s 70R)

70BDefinitions for pt 4A

In this part—

authority means an agreement or a lease, licence, permit or other authority.

forest reserve means an area of land dedicated as a forest reserve under section 70C as in force before the commencement of the Nature Conservation and Other Legislation Amendment Act (No. 2) 2013, section 55 if—

(a)the dedication has not been revoked under section 70E; and

(b)the land has not ceased to be land in a forest reserve under the Forestry Act 1959, section 25A.

s 70B def forest reserve sub 2013 No. 55 s 53

Land Act reserve means a reserve under the Land Act 1994.

proposed protected area means an area designated as a proposed protected area under section 70K(1), the designation for which has not ended under section 70M.

proposed protected area register means the register that the chief executive keeps under section 70N.

protected area means—

(a)a national park (scientific); or

(b)a national park; or

(c)a conservation park; or

(d)a resources reserve.

s 70B def protected area sub 2013 No. 55 s 147; 2016 No. 22 s 25

SEQ horse riding trail network see section 70BA.

s 70B def SEQ horse riding trail network ins 2008 No. 52 s 93

State forest means a State forest under the Forestry Act 1959.

timber reserve means a timber reserve under the Forestry Act 1959.

unallocated State land means unallocated State land under the Land Act 1994.

s 70B def unallocated State land ins 2007 No. 36 s 2 sch

s 70B ins 2000 No. 44 s 25

amd 2013 No. 55 s 53

exp 31 December 2025 (see s 70R)

70BASEQ horse riding trail network

(1)The SEQ horse riding trail network is the network of horse riding trails in south-east Queensland designated as ‘finalised horse trails’ on maps held by the department for this section.

(2)Copies of the maps may be inspected, free of charge, on the department’s website and, during office hours on business days, at the department’s head office.

s 70BA ins 2008 No. 52 s 94

exp 31 December 2025 (see s 70R)

pt 4A div 2 hdg ins 2000 No. 44 s 25

sub 2013 No. 55 s 54

exp 31 December 2025 (see s 70R)

70ERevocation of forest reserves

(1)The Governor in Council may, under a regulation, revoke the dedication of a forest reserve or a part of a forest reserve.

(2)The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.

(3)However, subsection (2) does not apply if the regulation states the purpose of the revocation is to allow the forest reserve to become a protected area.

(4)Also, subsection (2) does not affect the power of the Governor in Council to make a regulation under the Forestry Act 1959, section 25 to set apart and declare as a State forest any forest reserve or part of a forest reserve.

s 70E ins 2000 No. 44 s 25

amd 2004 No. 48 s 168; 2011 No. 6 s 142 sch; 2011 No. 26 s 189 sch (amdt could not be given effect); 2013 No. 55 s 57

exp 31 December 2025 (see s 70R)

70EAChief executive to lodge document for revocation

(1)If a regulation is made under section 70E for the revocation of a forest reserve, the chief executive must lodge for registration with the chief executive (lands) a document evidencing the matter the subject of the regulation.

(2)The document must—

(a)be lodged as soon as practicable after the regulation is made; and

(b)comply with any requirements of the chief executive (lands).

(3)If the revocation affects a part of a lot within the meaning of the Land Act 1994, the document lodged must be accompanied by a plan of subdivision for the change.

s 70EA ins 2011 No. 31 s 346

amd 2013 No. 55 s 58

exp 31 December 2025 (see s 70R)

div hdg ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

pt 4A div 3 sdiv 1 hdg ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70FManagement principles

(1)A forest reserve is to be managed to do the following—

(a)protect the biological diversity, cultural resources and values and conservation values of land included in the reserve, having regard to the purpose of this part;

(b)provide for the continuation of any lawful existing use of the land;

Examples of existing uses that may be lawful existing uses—

1apiculture, foliage harvesting, recreation and salvage timber harvesting under the Forestry Act 1959

2grazing under the Forestry Act 1959 or the Land Act 1994

3maintenance and use of existing roads used for timber extraction and other forest management activities under the Forestry Act 1959

4mining under the Mineral Resources Act 1989

(c)ensure all uses of the land under an authority in relation to the forest reserve made after its dedication are ecologically sustainable;

(d)ensure all uses of the land under an authority made after any designation of land in the forest reserve as a proposed protected area are consistent with the management principles for the class of protected area that the land is proposed to become.

(2)However, subsection (1)(b) only applies to the use of the land for commercial logging if the purpose of the logging is to remove plantation trees to restore the land’s conservation values.

(3)To remove any doubt, it is declared that the dedication of the land as a forest reserve or any designation of land in the forest reserve as a proposed protected area does not extinguish or affect native title or native title rights and interests in relation to the land.

(4)In this section—

commercial logging means taking timber for commercial gain, other than—

(a)to build, maintain or repair public infrastructure or utilities relating to the forest reserve; or

(b)to enhance or protect a lawful use of the land, or to ensure the use may be carried out safely; or

(c)to allow native vegetation on the land to be regenerated under a written approval given by the chief executive; or

(d)for use as firewood; or

(e)incidentally to a lawful use of the land that does not involve taking timber.

Example for paragraph (e)—

If collecting seeds from trees on the land is lawful, collecting the seeds may involve taking branches from trees that have the seeds on them.

ecologically sustainable, for use of the land, means use within the capacity of the land to sustain natural processes while—

(a)maintaining the life support systems of nature; and

(b)ensuring the benefit of the use to present generations does not diminish the potential to meet the needs and aspirations of future generations.

make, for an authority, includes renew the authority.

s 70F ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

pt 4A div 3 sdiv 2 hdg ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70GState forest or timber reserve dedicated as a forest reserve

(1)This section applies if land in a State forest or timber reserve is dedicated as a forest reserve.

(2)The land ceases to be land in a State forest or timber reserve.

(3)However—

(a)the Forestry Act 1959 continues to apply, with necessary changes, in relation to the land and its management as if the land were, and had continued to be, a State forest or timber reserve; but

(b)the Forestry Act 1959, section 33 does not apply to the management of the land.

(4)This section applies despite the Forestry Act 1959.

Note—

See, however, the Forestry Act 1959, section 25A.

s 70G ins 2000 No. 44 s 25

amd 2013 No. 55 s 175 sch 1 pt 1

exp 31 December 2025 (see s 70R)

70HLand Act reserve dedicated as a forest reserve

(1)This section applies if land in a Land Act reserve is dedicated as a forest reserve.

(2)The land ceases to be land in a Land Act reserve.

(3)However, the Land Act 1994 continues to apply, with necessary changes, in relation to the land and its management as if the land were, and had continued to be, a Land Act reserve.

(4)Also, if a person was, immediately before the dedication, a trustee of the land under the Land Act 1994, the person continues to be a trustee of the land under that Act.

(5)This section applies despite the Land Act 1994.

s 70H ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70IManagement principles prevail

(1)A forest reserve must be managed under the management principles under section 70F.

(2)If there is an inconsistency between the management principles and a provision of the Forestry Act 1959 or the Land Act 1994, the management principles prevail to the extent of the inconsistency.

(3)Despite sections 70G and 70H, an action must not be done in relation to the management of a forest reserve if it is inconsistent with the management principles.

(4)In this section—

action includes any of the following—

(a)making, amending or renewing an authority in relation to a forest reserve;

(b)converting an authority to another form of authority;

(c)changing the purpose of an authority;

(d)offering or agreeing to carry out an action under paragraphs (a) to (c).

s 70I ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

pt 4A div 4 hdg ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

pt 4A div 4 sdiv 1 hdg ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70JReview

(1)The chief executive must review each forest reserve to consider the most appropriate class of protected area for land in the reserve.

(2)The review must start as soon as practicable after the dedication of the forest reserve.

s 70J ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70JAReview of impact of horse riding trails

(1)The chief executive must review the areas within forest reserves that comprise horse riding trails in the SEQ horse riding trail network.

(2)In conducting the review, the chief executive must—

(a)have assessments conducted under section 70JB; and

(b)consider how to address any significant adverse impacts identified by the assessments including, if appropriate, removing a trail from the SEQ horse riding trail network.

(3)The review must start as soon as practicable after the commencement of this section and must be completed for all areas by 31 December 2025.

s 70JA ins 2008 No. 52 s 95

exp 31 December 2025 (see s 70R)

70JBAssessment by independent scientific advisory committee

(1)This section applies to an assessment required under section 70JA(2)(a).

(2)The assessment must be of the impact, on horse riding trails and adjacent areas, of horse riding use.

(3)The assessment must be conducted by an advisory committee, established under section 132, comprising members who—

(a)have expertise in relevant disciplines for the assessment; and

Examples of disciplines that may be relevant—

aquatic science, conservation biology, conservation management, environmental impact assessment, social science, soil science, statistical analysis, sustainable recreation, weed management

(b)are independent of government or non-government entities that might reasonably be perceived to be particularly interested in decisions affecting horse riding in forest reserves.

(4)The assessment must be based on monitoring and evaluation conducted over a period long enough to assess the likely impacts of horse riding use.

(5)The assessment must take account of the cumulative impacts of horse riding and other activities conducted in the areas to which the assessment relates.

(6)To the extent the assessment relates to a particular horse riding trail, the assessment need not be based on measurement or monitoring of the trail, or of every part of the trail, but may be based on appropriate information obtained from measuring or monitoring, and evaluating, other trails or parts of the trail with relevant characteristics.

(7)In this section—

adjacent areas, in relation to horse riding trails, means areas adjacent to the trails whether or not the areas are part of a forest reserve.

s 70JB ins 2008 No. 52 s 95

exp 31 December 2025 (see s 70R)

pt 4A div 4 sdiv 2 hdg ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70KDesignation

(1)The chief executive may, by an entry in the proposed protected area register, designate the whole or part of a forest reserve as a proposed protected area if—

(a)under section 70J the chief executive has reviewed the reserve; and

(b)for a proposed protected area that includes a horse riding trail in the SEQ horse riding trail network, the chief executive has completed the review under section 70JA to the extent the review relates to the proposed protected area; and

(c)subsections (2) to (5) have been complied with.

(2)The chief executive must publish a notice of a proposed designation in a newspaper likely to be read by people particularly affected by it.

(3)The notice must state the following—

(a)the location and area of the proposed protected area;

(b)the class of protected area that the area is proposed to become;

(c)that any entity may comment about the proposal to the chief executive;

(d)the period during which comments may be made.

(4)The stated period must be at least 35 days after the publication of the notice.

(5)The chief executive must consider any comment about the proposal made during the period.

s 70K ins 2000 No. 44 s 25

amd 2008 No. 52 s 96

exp 31 December 2025 (see s 70R)

70LEffect of designation

(1)Subject to the management principle under section 70F(1)(d), a proposed protected area designation acts as a proposal only and the area continues to be a forest reserve.

(2)A proposed protected area designation does not—

(a)make, or have the effect of making, the area a protected area or a protected area of the class it is proposed to become; or

(b)bind the Governor in Council to dedicate, or the chief executive to take action to dedicate, the area as a protected area or as a protected area of that class.

s 70L ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70MWhen designation ends

The designation of an area as a proposed protected area ends if—

(a)the dedication of the area as a forest reserve is revoked; or

(b)the area is dedicated as a protected area; or

(c)the area ceases to be forest reserve under the Forestry Act 1959, section 25A.

s 70M ins 2000 No. 44 s 25

amd 2013 No. 55 s 60

exp 31 December 2025 (see s 70R)

70NRegister of proposed protected areas

(1)The chief executive must keep a register of proposed protected areas.

(2)The register must, for each proposed protected area, state—

(a)its location and area; and

(b)the class of protected area that it is proposed to become; and

(c)any other information the chief executive considers desirable.

(3)The chief executive may keep the register in the way the chief executive considers appropriate, including, for example, in electronic form.

(4)The chief executive must keep the register open for inspection during office hours on business days at—

(a)the department’s head office; and

(b)each regional office of the department in whose area the proposed protected area is situated; and

(c)other places the chief executive considers appropriate.

s 70N ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70OAmendment of designation

(1)The chief executive may, by an entry in the proposed protected area register, amend the designation of an area as a proposed protected area if subsections (2) to (5) have been complied with.

(2)The chief executive must publish a notice of a proposed amendment in a newspaper likely to be read by people particularly affected by it.

(3)The notice must state the following—

(a)the location of the area;

(b)the proposed amendment;

(c)that any entity may comment about the proposal to the chief executive;

(d)the period during which comments may be made.

(4)The stated period must be at least 35 days after the publication of the notice.

(5)The chief executive must consider any comment about the proposal made during the period.

s 70O ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

pt 4A div 5 hdg ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70PReferences to State forest or timber reserve in other legislation

(1)A reference in another Act or in subordinate legislation to a State forest or timber reserve is, if the context permits, taken to include a forest reserve.

(2)However, subsection (1) does not apply if—

(a)the reference is in or under the Forestry Act 1959; or

Note—

For State forests or timber reserves, see section 70G(3) (State forest or timber reserve dedicated as a forest reserve).

(b)the reference is only to the setting apart and dedication of an area as a State forest or timber reserve.

s 70P ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70QReferences to Land Act reserves in other legislation

(1)A reference in this or another Act or in subordinate legislation to a Land Act reserve is, if the context permits, taken to include a forest reserve.

(2)However, subsection (1) does not apply if the reference is in or under the Land Act 1994.

s 70Q ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70QAProhibition on mining, geothermal activities and GHG storage activities in forest reserves

A mining interest under section 27, a geothermal tenure or a GHG authority can not be granted in relation to land in a forest reserve.

s 70QA ins 2004 No. 26 s 275

amd 2009 No. 3 s 521; 2010 No. 31 s 585 sch 2 pt 4

exp 31 December 2025 (see s 70R)

pt 4A div 6 hdg ins 2000 No. 44 s 25

exp 31 December 2025 (see s 70R)

70RExpiry

This part expires on 31 December 2025.

s 70R ins 2000 No. 44 s 25

sub 2005 No. 53 s 134

exp 31 December 2025 (see s 70R)

71Classes of wildlife to which Act applies

The classes of wildlife to which this Act applies are—

(a)protected wildlife, that is—

(i)extinct wildlife; and

(ii)extinct in the wild wildlife; and

(iii)critically endangered wildlife; and

(iv)endangered wildlife; and

(v)vulnerable wildlife; and

(vi)near threatened wildlife; and

(vii)least concern wildlife; and

(b)international wildlife; and

(c)prohibited wildlife.

s 71 amd 2004 No. 14 s 5; 2013 No. 55 s 175 sch 1 pt 1; 2019 No. 28 s 30

72Management of wildlife—general

(1)Wildlife is to be managed in accordance with—

(a)the management principles prescribed by this division for the class of the wildlife; and

(b)the declared management intent for the wildlife; and

(c)any conservation plan for the wildlife.

(2)The declared management intent for wildlife is the management intent applicable to the wildlife under the regulations.

(3)The declared management intent for wildlife must contain a statement of—

(a)the significance of the wildlife to nature and its value; and

(b)the proposed management intent for the wildlife; and

(c)the principles relating to any proposed taking and use of the wildlife.

73Management principles of protected wildlife

Protected wildlife is to be managed to—

(a)conserve the wildlife and its values and, in particular to—

(i)ensure the survival and natural development of the wildlife in the wild; and

(ii)conserve the biological diversity of the wildlife to the greatest possible extent; and

(iii)identify, and reduce or remove, the effects of threatening processes relating to the wildlife; and

(iv)identify the wildlife’s critical habitat and conserve it to the greatest possible extent; and

(b)ensure that any use of the wildlife—

(i)for scientific study and monitoring; or

(ii)for educational, recreational, commercial and authorised purposes; or

(iii)by Aboriginal people under Aboriginal tradition or Torres Strait Islanders under Island custom;

is ecologically sustainable.

74Management principles of international wildlife

International wildlife is to be managed in accordance with the wildlife’s international conservation significance and, in particular—

(a)to ensure the protection of protected wildlife from any threatening process that may be posed by the wildlife; and

(b)to prevent unlawful introduction of the wildlife into the State; and

(c)to prohibit the release of the wildlife into the wild except under a licence, permit or other authority issued or given under a regulation.

s 74 amd 2004 No. 48 s 169; 2011 No. 6 s 142 sch; 2011 No. 26 s 189 sch (amdt could not be given effect)

75Management principles of prohibited wildlife

Prohibited wildlife is to be managed to—

(a)prohibit the release of the wildlife into the wild except under a licence, permit or other authority issued or given under a regulation; and

(b)identify and, if practicable, control any threatening process caused by the wildlife; and

(c)reduce and, if possible, eliminate the population and distribution of the wildlife in the wild; and

(d)encourage the humane taking and use of the wildlife.

76Native wildlife may be prescribed as extinct wildlife

A regulation may prescribe native wildlife as extinct wildlife if there is no reasonable doubt the last member of the species has died.

s 76 sub 2004 No. 14 s 6; 2019 No. 28 s 31

77Native wildlife may be prescribed as extinct in the wild wildlife

A regulation may prescribe native wildlife as extinct in the wild wildlife if—

(a)the wildlife is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range; or

(b)the wildlife is not known to survive in its known or expected habitat, in its past range, over a period appropriate to the life cycle or form of the wildlife.

s 77 sub 2004 No. 14 s 6; 2019 No. 28 s 31

78Native wildlife may be prescribed as critically endangered wildlife

A regulation may prescribe native wildlife as critically endangered wildlife if—

(a)the wildlife has undergone or is suspected to have undergone a very large reduction in numbers; or

(b)it is likely that a very large reduction in the wildlife’s numbers is imminent; or

(c)the wildlife’s geographic distribution is—

(i)precarious for the survival of the wildlife; and

(ii)very restricted; or

(d)the estimated total number of mature individuals is very low and it is likely the number will—

(i)continue to decline at a very high rate; or

(ii)continue to decline and its geographic distribution is precarious for the survival of the wildlife; or

(e)the estimated total number of mature individuals is extremely low; or

(f)the probability of the wildlife’s extinction in the wild is at least 50% in the immediate future.

s 78 sub 2004 No. 14 s 6; 2019 No. 28 s 31

78ANative wildlife may be prescribed as endangered wildlife

(1)A regulation may prescribe native wildlife as endangered wildlife if the wildlife is not critically endangered and any of the following apply—

(a)the wildlife has undergone or is suspected to have undergone a large reduction in numbers;

(b)it is likely that a large reduction in the wildlife’s numbers is imminent;

(c)the wildlife’s geographical distribution is—

(i)precarious for the survival of the wildlife; and

(ii)restricted;

(d)the estimated total number of mature individuals is low and it is likely the number will—

(i)continue to decline at a high rate; or

(ii)continue to decline and its geographical distribution is precarious for the survival of the wildlife;

(e)the estimated total number of mature individuals is very low;

(f)the probability of the wildlife’s extinction in the wild is at least 20% in the near future.

(2)In this section—

critically endangered, in relation to wildlife, means the wildlife falls within a description mentioned in section 78.

s 78A prev s 78A ins 2004 No. 14 s 6

exp 25 June 2010 (see s 78A(3))

pres s 78A ins 2019 No. 28 s 31

78BNative wildlife may be prescribed as vulnerable wildlife

(1)A regulation may prescribe native wildlife as vulnerable wildlife if the wildlife is not critically endangered or endangered and any of the following apply—

(a)the wildlife has undergone or is suspected to have undergone a moderate reduction in numbers;

(b)it is likely a moderate reduction in the wildlife’s numbers is imminent;

(c)the wildlife’s geographical distribution is—

(i)precarious for the survival of the wildlife; and

(ii)limited;

(d)the estimated total number of mature individuals is limited and it is likely the number will—

(i)continue to decline at a substantial rate; or

(ii)continue to decline and its geographical distribution is precarious for the survival of the wildlife;

(e)the estimated total number of mature individuals is low;

(f)the probability of the wildlife’s extinction in the wild is at least 10% in the medium-term future.

(2)In this section—

critically endangered, in relation to wildlife, means the wildlife falls within a description mentioned in section 78.

endangered, in relation to wildlife, means the wildlife falls within a description mentioned in section 78A(1).

s 78B ins 2019 No. 28 s 31

79Native wildlife may be prescribed as near threatened wildlife

(1)A regulation may prescribe native wildlife as near threatened wildlife if—

(a)the population size or distribution of the wildlife is small and may become smaller; or

(b)the population size of the wildlife has declined, or is likely to decline, at a rate higher than the usual rate for population changes for the wildlife; or

(c)the survival of the wildlife in the wild is affected to an extent that the wildlife is in danger of becoming vulnerable.

(2)Native wildlife may be prescribed as near threatened wildlife even if the wildlife is the subject of a threatening process.

(3)In this section—

vulnerable, in relation to wildlife, means the wildlife falls within a description mentioned in section 78B(1).

s 79 sub 2004 No. 14 s 6

amd 2019 No. 28 s 32

80Native wildlife may be prescribed as least concern wildlife

(1)A regulation may prescribe native wildlife as least concern wildlife if the wildlife is common or abundant and is likely to survive in the wild.

(2)Native wildlife may be prescribed as least concern wildlife even if—

(a)the wildlife is the subject of a threatening process; or

(b)the population size or distribution of the wildlife has declined; or

(c)there is insufficient information about the wildlife to conclude whether the wildlife is common or abundant or likely to survive in the wild.

s 80 sub 2004 No. 14 s 6

81Wildlife may be prescribed as international wildlife

If the Governor in Council is of the opinion that wildlife included in appendix I or II of CITES is not indigenous to Australia, the wildlife may be prescribed as international wildlife.

82Wildlife may be prescribed as prohibited wildlife

If the Governor in Council is of the opinion that wildlife is—

(a)an unnatural hybrid or not indigenous to Australia; and

(b)likely to constitute a threatening process to protected wildlife;

the wildlife may be prescribed as prohibited wildlife.

83Property in protected animals

(1)Subject to subsections (2) to (5), sections 85 and 86 and the provisions of any captive breeding agreement, all protected animals are the property of the State.

(2)A protected animal ceases to be the property of the State if—

(a)the animal is taken under a licence, permit or other authority issued or given under a regulation; and

(b)under a conservation plan property in the animal passes from the State on that taking of the animal.

(3)A protected animal to which subsection (2) applies becomes the property of the holder of the authority, subject to the rights in the animal of any other person (other than the rights of the State under subsection (1)).

(4)A protected animal that is the progeny of an animal to which subsection (2) applies is the property of the owner of the progeny’s female parent, subject to the rights in the animal of any other person (other than the rights of the State under subsection (1)).

(5)If—

(a)a person is keeping an animal that is not a protected animal; and

(b)the animal becomes a protected animal because of the making of a regulation under this Act;

the animal and its progeny do not become the property of the State merely because of the making of the regulation.

s 83 amd 1994 No. 42 s 2 sch; 2000 No. 44 s 39; 2004 No. 48 s 170

84Property in protected plants

(1)Subject to subsections (2) to (4), section 86 and the provisions of any captive breeding agreement, all protected plants (other than protected plants on private land) are the property of the State.

(2)A protected plant ceases to be the property of the State if—

(a)the plant is taken under a licence, permit or other authority issued or given under a regulation; and

(b)under a regulation or conservation plan property in the plant passes from the State on that taking of the plant.

(3)A protected plant to which subsection (2) applies becomes the property of the holder of the authority, subject to the rights in the plant of any other person (other than the rights of the State under subsection (1)).

(4)The progeny of a plant to which subsection (2) applies is the property of the owner of the plant from which the progeny is propagated, subject to the rights in the plant of any other person (other than the rights of the State under subsection (1)).

(5)In this section—

private land means—

(a)freehold land; or

(b)land the subject of a lease under any Act containing an entitlement to a deed of grant in fee simple.

protected plant means a protected plant that is in the wild.

s 84 amd 1994 No. 42 s 2 sch; 2000 No. 44 s 39; 2004 No. 48 s 171; 2004 No. 14 s 7; 2013 No. 50 s 5

85Property in newly protected animals

(1)In this section—

commencing day means the day on which this division commences.

declaration day for an animal means the day on which the animal becomes a newly protected animal.

newly protected animal means a protected animal that, immediately before the commencing day, was not fauna under the Fauna Conservation Act 1974.

(2)If a person is keeping a newly protected animal at the beginning of the declaration day, the animal and its progeny do not become the property of the State merely because of the animal becoming a protected animal.

s 85 ins 1994 No. 42 s 16

86Preservation of existing property rights

Sections 83 and 84 do not affect property rights a person (other than the State) has in native wildlife immediately before the wildlife becomes protected wildlife.

s 86 ins 1994 No. 42 s 16

amd 2000 No. 44 s 39

87Liability of State

The State is not legally liable for an act or omission merely because protected animals and plants are the property of the State.

pt 5 div 4 sdiv 1 hdg ins 2013 No. 50 s 6

88Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal

(1)This section—

(a)is subject to section 93; and

(b)does not apply to the taking of protected animals in a protected area.

Note—

For the taking of protected animals in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).

(2)A person must not take a protected animal unless the person is an authorised person or the taking is authorised under this Act.

Maximum penalty—

(a)for a class 1 offence—3000 penalty units or 2 years imprisonment; or

(b)for a class 2 offence—1000 penalty units or 1 year’s imprisonment; or

(c)for a class 3 offence—225 penalty units; or

(d)for a class 4 offence—100 penalty units.

(3)It is a defence to a charge of taking a protected animal in contravention of subsection (2) to prove that—

(a)the taking happened in the course of a lawful activity that was not directed towards the taking; and

(b)the taking could not have been reasonably avoided.

(4)Subsection (3) does not allow a person to keep or use the animal.

(5)A person must not keep or use an animal that is either of the following unless the person is an authorised person or the keeping or use is authorised under this Act—

(a)a protected animal if, at any time, it has been taken and the taking was not authorised under this Act or a law of another State;

(b)a descendant of an animal mentioned in paragraph (a).

Maximum penalty—

(a)for a class 1 offence—3000 penalty units or 2 years imprisonment; or

(b)for a class 2 offence—1000 penalty units or 1 year’s imprisonment; or

(c)for a class 3 offence—225 penalty units; or

(d)for a class 4 offence—100 penalty units.

(6)In this section—

class 1 offence means an offence against this section that involves—

(a)1 or more animals that are extinct, extinct in the wild, critically endangered or endangered wildlife; or

(b)5 or more animals that are vulnerable or near threatened wildlife; or

(c)1 or more echidna, koala or platypus.

class 2 offence means an offence against this section that is not a class 1 offence and involves—

(a)3 or 4 animals that are vulnerable or near threatened wildlife; or

(b)10 or more animals that are least concern wildlife.

class 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves—

(a)1 or 2 animals that are vulnerable or near threatened wildlife; or

(b)5 or more, but less than 10, animals that are least concern wildlife.

class 4 offence means an offence against this section other than a class 1, 2 or 3 offence.

s 88 amd 1994 No. 42 s 17; 2000 No. 44 s 26

sub 2004 No. 48 s 172

amd 2004 No. 14 s 7A (amd 2004 No. 48 s 191); 2005 No. 53 s 135; 2007 No. 36 s 2 sch; 2011 No. 6 s 142 sch; 2011 No. 26 s 189 sch (amdt could not be given effect); 2013 No. 55 s 175 sch 1 pt 1; 2019 No. 28 s 33

88ARestriction on keeping or use of lawfully taken protected animal

(1)Subject to section 93, a person, other than an authorised person, must not keep or use a protected animal that is either of the following unless the keeping or use is authorised under this Act or the Exhibited Animals Act 2015—

(a)a protected animal, if the animal has, at any time, been taken and the taking was authorised under this Act or a law of another State;

(b)a descendant of an animal mentioned in paragraph (a).

Maximum penalty—

(a)generally—1000 penalty units; or

(b)if a circumstance mentioned in subsection (2) applies—100 penalty units.

(2)For subsection (1), the circumstances are that—

(a)in the 12 months before the commission of the offence, the person held a licence, permit or other authority (the former authority) under this Act and—

(i)the former authority is no longer in force; and

(ii)had the former authority still been in force, the offence would not have been committed; and

(iii)the former authority ceased to be in force for a reason other than its cancellation or suspension; and

(iv)an application to renew the former authority has not been refused; or

(b)the offence only relates to moving the animal.

s 88A ins 2004 No. 48 s 172

amd 2005 No. 53 s 136; 2015 No. 5 s 279

88BARestrictions relating to dugongs and marine turtles

(1)A person must not sell or give away, at commercial food premises, a prescribed animal or prescribed product.

Maximum penalty—3000 penalty units or 2 years imprisonment.

(2)In this section—

commercial food premises—

(a)means premises on or from which food is sold or given away as a part of a business operating from the premises; but

Examples of a business for paragraph (a)—

restaurant, cafe, recreation club

(b)does not include premises—

(i)being used in association with a public event; and

(ii)on or from which the selling or giving away of food takes place only occasionally.

Examples of premises for paragraph (b)—

a hall at which a community fair is being held, a temporary stall at a cultural fair

dugong means the mammal Dugong dugon.

marine turtle means a turtle of the family Chelondiidae or Dermochelyidae.

prescribed animal means a protected marine turtle or dugong.

prescribed product means anything made or derived from a prescribed animal.

s 88BA ins 2013 No. 55 s 61

88CRestrictions relating to flying-foxes and flying-fox roosts

(1)A person must not destroy a flying-fox roost unless the person is an authorised person or the destruction is authorised under this Act.

Maximum penalty—1000 penalty units or 1 year’s imprisonment.

(2)A person must not drive away, or attempt to drive away, a flying-fox from a flying-fox roost unless the person is an authorised person or the driving away is authorised under this Act.

Maximum penalty—1000 penalty units or 1 year’s imprisonment.

(3)A person must not disturb a flying fox in a flying-fox roost unless the person is an authorised person or the disturbance is authorised under this Act.

Maximum penalty—100 penalty units.

(4)This section does not apply if the flying-fox roost is in a protected area.

Note—

For interfering with natural resources in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).

(5)Also, this section does not apply for an Aborigine or Torres Strait Islander taking, using or keeping a flying-fox under section 93.

(6)In this section—

breeding includes gestating.

drive away, a flying-fox from a flying-fox roost, means—

(a)cause the flying-fox to move away from the roost; or

(b)if the flying-fox has moved away from the roost, deter the flying-fox from returning to the roost.

Examples of ways of driving away a flying-fox—

using sound, light, smoke, electric current or chemicals

flying-fox means a protected animal of the genus Pteropus.

flying-fox roost means a tree or other place where flying-foxes congregate from time to time for breeding or rearing their young.

s 88C ins 2007 No. 56 s 35

pt 5 div 4 sdiv 2 hdg ins 2013 No. 50 s 8

88DRegulation may prescribe special least concern plants

(1)A regulation may prescribe a least concern plant to be a special least concern plant for this subdivision.

(2)A least concern plant may be prescribed under subsection (1) if the taking or use of the plant is at risk of not being ecologically sustainable, including, for example, because of—

(a)high commercial demand for the plant or a part of the plant; or

(b)the biological traits of the plant.

s 88D ins 2013 No. 50 s 8

89Restriction on taking etc. particular protected plants

(1)Subject to section 93, a person, other than an authorised person, must not take a protected plant that is in the wild unless the plant is taken under—

(a)a conservation plan applicable to the plant; or

(b)a licence, permit or other authority issued or given under a regulation; or

(c)an exemption under a regulation.

Maximum penalty—

(a)for a class 1 offence—3000 penalty units or 2 years imprisonment; or

(b)for a class 2 offence—1000 penalty units or 1 year’s imprisonment; or

(c)for a class 3 offence—225 penalty units; or

(d)for a class 4 offence—165 penalty units.

(2)Subsection (1) does not apply to the taking of protected plants in a protected area.

(3)It is a defence to a charge of taking a protected plant in contravention of subsection (1) to prove that—

(a)the taking happened in the course of a lawful activity that was not directed towards the taking; and

(b)the taking could not have been reasonably avoided.

(4)A person must not use or keep a protected plant that has been taken in contravention of subsection (1).

Maximum penalty—

(a)for a class 1 offence—3000 penalty units or 2 years imprisonment; or

(b)for a class 2 offence—1000 penalty units or 1 year’s imprisonment; or

(c)for a class 3 offence—225 penalty units; or

(d)for a class 4 offence—165 penalty units.

(5)In this section—

class 1 offence means an offence against this section that involves—

(a)1 or more plants that are extinct, extinct in the wild, critically endangered or endangered wildlife; or

(b)5 or more plants that are vulnerable or near threatened wildlife; or

(c)10 or more plants that are special least concern wildlife.

class 2 offence means an offence against this section that is not a class 1 offence and involves—

(a)3 or 4 plants that are vulnerable or near threatened wildlife; or

(b)4 or more, but no more than 9, plants that are special least concern wildlife.

class 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves—

(a)1 or 2 plants that are vulnerable or near threatened wildlife; or

(b)2 or 3 plants that are special least concern wildlife.

class 4 offence means an offence against this section other than a class 1, 2 or 3 offence.

s 89 amd 1994 No. 42 s 18; 2000 No. 44 s 27; 2003 No. 96 s 28 sch; 2004 No. 14 s 8; 2005 No. 53 s 138; 2007 No. 56 s 36; 2010 No. 52 s 34; 2013 No. 50 s 9; 2019 No. 28 s 34

90Restriction on using particular protected plants

(1)Subject to section 93, a person, other than an authorised person, must not use a protected plant, other than under—

(a)a licence, permit or other authority issued or given under a regulation; or

(b)an exemption under a regulation.

Maximum penalty—

(a)for a class 1 offence—1000 penalty units; or

(b)for a class 2 offence—165 penalty units.

(2)In this section—

class 1 offence means an offence against this section that involves 1 or more plants that are threatened, near threatened or special least concern wildlife.

class 2 offence means an offence against this section other than a class 1 offence.

s 90 ins 1994 No. 42 s 19

amd 2000 No. 44 ss 28, 39; 2004 No. 14 s 9; 2005 No. 53 s 139; 2007 No. 56 s 37; 2013 No. 50 s 10

pt 5 div 4 sdiv 3 hdg ins 2013 No. 50 s 11

90AOffence to keep or use native wildlife reasonably suspected to have been unlawfully taken

(1)A person must not keep or use native wildlife if a reasonable person in the person’s circumstances ought to have suspected that the wildlife may have been unlawfully taken unless—

(a)the person is an authorised person; or

(b)the State has, under this Act, disposed of the native wildlife to the person.

Maximum penalty—

(a)if the wildlife ought to have been suspected to have been taken in contravention of section 88(2), 89 or 97—the maximum penalty under that section that applies to an unlawful taking of the wildlife; or

(b)if the wildlife ought to have been suspected to have been taken in contravention of a law of another State—the maximum penalty under that law that applies to the unlawful taking of the wildlife.

Examples of when an offence is committed under subsection (1)—

A buys and keeps the native wildlife mentioned in item 1 or 2, under the circumstances mentioned in the item. A is not an authorised person. A did not buy the wildlife from the State. A reasonable person in A’s circumstances ought to have suspected that the wildlife may have been unlawfully taken.

1A buys protected wildlife from B at a market stall. Before buying the wildlife A asked B for evidence that it had been lawfully taken. In response, B replied that B did not have that evidence and that B bought the wildlife from someone else whom B did not know.

2A holds a licence under this Act to keep particular protected wildlife. A buys protected wildlife of that type from B. Under this Act, to keep or deal with the wildlife, B must hold a particular type of licence. A regulation requires that B must, before the sale is completed, fill in a movement advice in the approved form for the movement of the wildlife because of the sale. The approved form requires a written acknowledgement by A as the person to whom the wildlife is being moved. B has not shown to A that B holds a licence to keep and deal with the wildlife. A did not give the acknowledgement.

(2)If a person is charged with an offence against subsection (1), it is a defence to the charge if the person satisfies the court that the person had no reasonable grounds for suspecting the wildlife was unlawfully taken.

(3)In this section—

unlawfully taken means taken in contravention of section 88(2), 89 or 97 or of a law of another State.

s 90A (prev s 88B) ins 2004 No. 48 s 172

amd 2005 No. 53 s 137

renum and reloc 2013 No. 50 s 7

91Restriction on release etc. of international and prohibited wildlife

(1)A person, other than an authorised person, must not, unless authorised under this Act—

(a)abandon or release international or prohibited wildlife into the wild; or

(b)introduce international or prohibited wildlife into the State; or

(c)keep or use international or prohibited wildlife that, in contravention of paragraph (b), has been introduced into the State.

Maximum penalty—3000 penalty units or 2 years imprisonment.

(2)A person, other than an authorised person, must not otherwise keep or use international or prohibited wildlife unless—

(a)the wildlife is dead and, if the wildlife is international wildlife, an approved tag is, under a regulation, attached to the animal or the part of the animal that is being kept or used; or

(b)the keeping or use is the keeping or use of milk obtained from prohibited wildlife; or

(c)the keeping or use is otherwise authorised under this Act or the Exhibited Animals Act 2015.

Maximum penalty—100 penalty units.

s 91 amd 2000 No. 44 s 29; 2004 No. 53 s 2 sch; 2004 No. 48 s 173; 2005 No. 53 s 140; 2015 No. 5 s 280

92Restriction on breeding etc. hybrids of protected animals

(1)A person must not—

(a)knowingly breed a hybrid or mutation of a protected animal; or

(b)abandon a hybrid or mutation of a protected animal in the wild;

other than under a regulation or exemption under a regulation.

Maximum penalty—165 penalty units.

(2)A person must not release a hybrid or mutation of a protected animal into the wild other than under a conservation plan for the protected animal.

Maximum penalty—165 penalty units or 1 year’s imprisonment.

s 92 amd 1994 No. 42 s 2 sch; 2004 No. 53 s 2 sch

93Aborigines’ and Torres Strait Islanders’ rights to take etc. protected wildlife

(1)Despite any other Act, but subject to the Animal Care and Protection Act 2001, an Aborigine or Torres Strait Islander may take, use or keep protected wildlife under Aboriginal tradition or Island custom.

(2)Subsection (1) applies subject to any provision of a conservation plan that expressly applies to the taking, using or keeping of protected wildlife under Aboriginal tradition or Island custom.

(3)An Aborigine or Torres Strait Islander who takes, uses or keeps protected wildlife in contravention of a provision of a conservation plan that expressly prohibits the taking, using or keeping of protected wildlife under Aboriginal tradition or Island custom commits an offence against this Act.

Maximum penalty—3000 penalty units or imprisonment for 2 years.

(4)Subsection (1) does not apply to the taking, using or keeping of protected wildlife in a protected area.

s 93 amd 1994 No. 42 s 20; 2012 No. 23 s 14

94Conservation officers prohibited in dealing with protected wildlife

A conservation officer must not acquire or hold an interest in—

(a)a licence, permit or other authority issued or given under a regulation for the purpose of conducting the business of dealing in protected wildlife; or

(b)any business dealing in protected wildlife; or

(c)any place at or in which the business of dealing in protected wildlife is conducted; or

(d)any contract or arrangement made for the purpose of dealing in protected wildlife.

Maximum penalty—50 penalty units.

95Payment of conservation value

(1)Subject to subsections (8) and (9), there is payable to the State for protected wildlife taken under a licence, permit or other authority issued or given under a regulation, the conservation value (if any) prescribed under this Act for the wildlife.

(2)The conservation value of protected wildlife is an expression in monetary terms of the State’s conservation concern for the wildlife.

(3)Despite any Act or law, payment of the conservation value does not, of itself, transfer property in protected wildlife from the State.

(4)A person who lawfully takes protected wildlife must pay the conservation value for the wildlife within 30 days after the wildlife is taken.

Maximum penalty—50 penalty units.

(5)A person who lawfully takes protected wildlife must not give up or surrender possession of the wildlife unless the conservation value for the wildlife has been paid.

Maximum penalty—50 penalty units.

(6)A person must not keep protected wildlife knowing that the conservation value for the wildlife has not been paid.

Maximum penalty—50 penalty units.

(7)If a person lawfully takes wildlife, subsection (6) does not apply to the keeping of the wildlife by the person during the period allowed under subsection (4) for the payment of the conservation value for the wildlife.

(8)The conservation value of wildlife is not payable by a person if the person—

(a)is exempt from the payment under a regulation; or

(b)takes the wildlife for an authorised purpose under a conservation plan applicable to the wildlife; or

(c)takes the wildlife under a captive breeding agreement and pays the amount that the agreement provides must be paid for the taking of the wildlife.

(9)Also, the conservation value of a protected plant is not payable by a person if the person takes a protected plant under an authority and pays, within 30 days after the plant is taken, the amount, if any, that the authority states must be paid for the taking of the plant.

(10)For subsection (9), the amount stated on the authority must not be more than the conservation value for the protected plant.

(11)In this section—

authority means a licence, permit or other authority issued or given under a regulation or conservation plan.

s 95 amd 2004 No. 48 s 174; 2011 No. 6 s 142 sch; 2011 No. 26 s 189 sch (amdt could not be given effect); 2013 No. 50 s 12

96Recovery of unpaid conservation value

(1)An amount of conservation value payable under this Act is a debt due to the State and may be recovered in a court having jurisdiction for the recovery of debts up to the amount concerned.

(2)A proceeding may be instituted against a person for the recovery of an amount of conservation value payable under this Act whether or not—

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

(b)the person has been convicted of an offence in relation to the non-payment.

97Restriction on taking etc. of native wildlife in areas of major interest and critical habitats

(1)This section applies to native wildlife (other than protected wildlife) in an area that is identified under a regulation or conservation plan as, or including—

(a)a critical habitat; or

(b)an area of major interest.

(2)A person, other than an authorised person, must not take or interfere with the wildlife, other than under—

(a)the regulation or conservation plan; or

(b)a licence, permit or other authority issued or given under a regulation.

Maximum penalty—3000 penalty units or 2 years imprisonment.

(3)A person, other than an authorised person, must not use or keep the wildlife, other than under—

(a)the regulation or conservation plan; or

(b)a licence, permit or other authority issued or given under a regulation or the Exhibited Animals Act 2015.

Maximum penalty—3000 penalty units or 2 years imprisonment.

(4)It is a defence to a charge of taking or interfering with wildlife in contravention of subsection (2) to prove that—

(a)the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and

(b)the taking or interference could not have been reasonably avoided.

(5)Subsection (4) does not allow a person to use or keep the wildlife.

s 97 amd 2000 No. 44 s 30; 2005 No. 53 s 141; 2013 No. 50 s 13; 2015 No. 5 s 281

97AAdditional restriction on hunting native ducks or native quails

(1)A regulation or conservation plan under this Act does not and can not authorise, whether directly or indirectly—

(a)the recreational hunting of native ducks or native quails; or

(b)the issue or giving of a licence, permit or other authority authorising the recreational hunting of native ducks or native quails; or

(c)the entry into an agreement or other arrangement authorising the recreational hunting of native ducks or native quails.

(2)The recreational hunting of native ducks or native quails is not and can not be authorised, for section 62(1), 88(2) or another provision of this Act, in any other way provided for under this Act, including, for example, under anything mentioned in section 62(1)(a), (b), (c), (d) or (e).

(3)An authorisation, however called, under this Act that is in existence immediately before the commencement of this section is of no legal effect to the extent it authorises, or purports to authorise, the recreational hunting of native ducks or native quails.

(4)In this section—

recreational hunting, of native ducks or native quails, means hunting directed at killing (including, for example, by shooting) native ducks or native quails for a recreational purpose.

s 97A ins 2006 No. 47 s 3

pt 5 div 7 hdg sub 2004 No. 48 s 175

98No right to enter land

Nothing in this Act gives—

(a)the holder of a licence, permit or other authority issued or given under a regulation; or

(b)an Aborigine or Torres Strait Islander;

the right to enter any land for the purpose of taking wildlife without the landholder’s consent.

99Offence to trespass—general

(1)A person must not—

(a)take wildlife on any land; or

(b)enter or be on any land for the purpose of taking wildlife;

without the landholder’s consent.

Maximum penalty—165 penalty units.

(2)Subsection (1) does not apply to a conservation officer who—

(a)has entered the land under part 9; and

(b)exercises a power under the part.

s 99 amd 2000 No. 44 s 31

100Offence to trespass—landholders’ rights

(1)This section applies to a person who a landholder suspects on reasonable grounds—

(a)is trespassing on the landholder’s land; and

(b)is committing on the land, has committed on the land or is on the land for the purpose of committing, an offence against this Act.

(2)The landholder may—

(a)require the person to state—

(i)the person’s name and address; and

(ii)the person’s purpose for being on the land; and

(b)if the person is on the land without lawful authority—require the person to leave the land immediately.

(3)If—

(a)the person fails to give—

(i)his or her name and address; or

(ii)the person’s purpose for being on the land;

if required to do so by the landholder; or

(b)the person—

(i)is on the land without lawful authority; and

(ii)fails to leave the land immediately if required to do so by the landholder;

the person commits an offence against this Act.

Maximum penalty—165 penalty units.

(4)This section does not affect any other right or remedy that the landholder may have against the trespasser.

pt 5 div 8 hdg ins 2004 No. 48 s 176

100AMain purpose of div 8 and its achievement

(1)The main purpose of this division is to facilitate the conservation of native wildlife in the wild through captive breeding programs and the introduction of captive-bred wildlife into the wild.

(2)The purpose is achieved by—

(a)providing for agreements between the State and other entities about captive breeding; and

(b)authorising the taking of protected wildlife in the wild for use in captive breeding programs.

s 100A ins 2004 No. 48 s 176

amd 2011 No. 6 s 142 sch; 2011 No. 26 s 189 sch (amdt could not be given effect)

100BMinister’s power to enter into captive breeding agreement

(1)The Minister may, for the State, enter into an agreement (a captive breeding agreement) with someone else about captive breeding of protected wildlife to—

(a)reintroduce it into the wild, in the State or elsewhere; or

(b)otherwise ensure the survival in the wild of the protected wildlife or another species of wildlife.

(2)However, the agreement may provide for the reintroduction of the protected wildlife only if the Minister is satisfied—

(a)suitable habitat exists, or will exist, for the wildlife at the place where it is to be released; and

(b)threatening processes for the wildlife or its habitat will be minimised at the place.

(3)The agreement may be made even though no conservation plan or recovery plan has been made for the wildlife.

(4)In this section—

captive breeding, of protected wildlife, means doing, in the State or elsewhere, any of the following for a purpose mentioned in subsection (1)—

(a)growing or propagating protected plants under controlled conditions;

(b)breeding, hand-rearing or incubating protected animals in captivity;

(c)removing eggs, sperm or other reproductive material from protected wildlife in captivity or the wild for embryo transfer, fertilisation, artificial insemination or incubation.

protected wildlife includes wildlife that, under a law of another State, is an equivalent (however called) of protected wildlife as defined under this Act.

recovery plan, for wildlife, is a document stating what research and management is necessary to stop the decline, support the recovery, or enhance the chance of long-term survival in the wild, of the wildlife.

Example—

a recovery plan made or adopted under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 269A

reproductive material, of protected wildlife, means any part of the wildlife that is capable of, or contributes to, asexual or sexual reproduction.

Examples of reproductive material of a plant—

all or part of a bulb, rhizome, root, seed, stolon or tuber

s 100B ins 2004 No. 48 s 176

amd 2011 No. 6 s 142 sch; 2011 No. 26 s 189 sch (amdt could not be given effect)

100CThings a captive breeding agreement may provide for

(1)A captive breeding agreement may do any of the following in relation to protected wildlife to which the agreement applies—

(a)authorise, for this Act, a party to the agreement to—

(i)take the wildlife in a protected or other area; or

(ii)keep or use the wildlife;

(b)provide for the passing of property rights in relation to the wildlife to a party to the agreement.

(2)However, the authorisation is subject to section 100E.

(3)A captive breeding agreement may provide that wildlife that is the property of the State is, under the agreement, to pass to another party to the agreement.

s 100C ins 2004 No. 48 s 176

100DRequired provisions for captive breeding agreement

(1)A captive breeding agreement must state or provide for each of the following—

(a)the species of wildlife to which the agreement applies;

(b)how many of the wildlife are to be taken in the wild, their sex and place of taking;

(c)whether the conservation value or a stated different amount must be paid for any of the wildlife that, under the agreement, is to be taken in the wild;

(d)arrangements to be made to distinguish the wildlife from others of the same species;

(e)the taking of tissue samples of the wildlife for genetic typing;

(f)where the wildlife are to be kept;

(g)requirements for keeping stud books and other records;

(h)arrangements to be made for releasing the wildlife or their descendants or to dispose of any of the wildlife that are no longer suitable for breeding or release;

(i)how the agreement may be enforced or terminated;

(j)any other matter prescribed under a regulation.

(2)To remove any doubt, it is declared that subsection (1) does not limit section 100B(1).

s 100D ins 2004 No. 48 s 176

100ERestriction on the taking, under a captive breeding agreement, of wildlife in the wild

A person who, under a captive breeding agreement, takes wildlife in the wild must carry a copy of the agreement while taking or moving the wildlife.

Maximum penalty—50 penalty units.

s 100E ins 2004 No. 48 s 176

100FAdditional provisions for termination of captive breeding agreement

(1)The Minister may, by written notice to each other party to a captive breeding agreement, terminate the agreement if a party to the agreement is convicted of an offence against section 88, 88A or 89.

(2)A regulation may terminate a captive breeding agreement.

(3)This section—

(a)applies despite any provision of a captive breeding agreement; and

(b)does not limit the ways in which a captive breeding agreement may be terminated.

s 100F ins 2004 No. 48 s 176

100GObligation to surrender protected wildlife on termination of captive breeding agreement

(1)If a captive breeding agreement is terminated, the chief executive may give a written notice to any person who is, or who appears to be, in charge of protected wildlife that, under the agreement, is the property of the State, to surrender the wildlife to the State.

(2)The notice may be given even if the wildlife is being kept or used at a place outside the State.

(3)The person must comply with the notice.

Maximum penalty—1000 penalty units.

(4)This section does not limit—

(a)section 88, 88A or 89; or

(b)the State’s property in the wildlife; or

(c)a conservation officer’s powers in relation to the wildlife.

s 100G ins 2004 No. 48 s 176

100HPowers

The chief executive may take, keep or use protected wildlife for captive breeding or to give effect to a captive breeding agreement.

pt 5 div 9 hdg ins 2014 No. 33 s 131

100IOffset condition for wildlife authority

(1)A condition of a wildlife authority may require or otherwise relate to an environmental offset (an offset condition).

Note—

The Environmental Offsets Act 2014, part 6, states further conditions that apply to a wildlife authority and those further conditions are called deemed conditions. A breach of a deemed condition may be dealt with under this Act.

(2)An offset condition may require an environmental offset to be undertaken on land to which a wildlife authority applies or on other land in the State.

(3)If an applicant for a wildlife authority has entered into an agreement about an environmental offset, an offset condition may require the applicant to comply with the agreement.

(4)An agreement entered into under subsection (3) is not an environmental offset agreement under the Environmental Offsets Act 2014.

(5)In this section—

environmental offset see the Environmental Offsets Act 2014, schedule 2.

wildlife authority means a lease, agreement, licence, permit or other authority under this Act (including under a regulation) in relation to a protected animal or protected plant.

s 100I ins 2014 No. 33 s 131

100JConditions of wildlife authority

(1)This section applies if, on or after the commencement of this section, a wildlife authority becomes, under this Act, subject to an offset condition.

(2)To the extent the offset condition is inconsistent with a deemed condition, the deemed condition prevails.

Note—

See the Environmental Offsets Act 2014, section 5(3). Under that provision, particular imposed conditions prevail over deemed conditions.

(3)In this section—

deemed condition see the Environmental Offsets Act 2014, schedule 2.

offset condition see section 100I(1).

wildlife authority see section 100I(5).

s 100J ins 2014 No. 33 s 131

pt 5 div 10 hdg ins 2014 No. 59 s 144

100KLocal government’s statement of management intent

(1)This section applies if a local government is lawfully dealing with protected wildlife in the local government area, other than under a wildlife authority.

(2)The Minister may, by written notice, require the local government to prepare and publish a statement of management intent for the protected wildlife, within a reasonable period stated in the notice.

(3)The notice may require that the statement of management intent include stated information.

(4)The local government must, within the stated period—

(a)prepare a statement of management intent for the protected wildlife; and

(b)publish the statement on the local government’s website.

(5)The statement of management intent must include—

(a)any information required under subsection (3); and

(b)any information prescribed by regulation.

(6)In this section—

statement of management intent, for protected wildlife, means a statement about the local government’s proposed management intent for the protected wildlife.

s 100K ins 2014 No. 59 s 144

101Definitions

In this part—

landholder includes a person having an interest in land.

protected area includes the wet tropics area within the meaning of the Wet Tropics World Heritage Protection and Management Act 1993.

s 101 def protected area amd 2011 No. 6 s 142 sch; 2011 No. 26 s 189 sch (amdt could not be given effect)

s 101 sub 1993 No. 50 s 86 sch 3

102Issue of order

If the Minister is of the opinion that—

(a)threatened or near threatened wildlife; or

(b)a protected wildlife habitat that is, in the Minister’s opinion, a critical habitat; or

(c)an area of major interest; or

(d)a protected area;

is subject to a threatening process that is likely to have significant detrimental effect on the wildlife, habitat or area, the Minister may make an interim conservation order for the conservation, protection or management of the wildlife, habitat or area.

s 102 amd 2004 No. 14 s 10; 2013 No. 55 s 175 sch 1 pt 1

103Effect of order

(1)An interim conservation order may provide for—

(a)the prohibition or control of a specified threatening process; or

(b)such other matters as are prescribed.

(2)An order may be made in relation to land even though—

(a)the wildlife or habitat is not within the land; or

(b)the land is not within an area of major interest or protected area.

104Notice of order

(1)On the day an interim conservation order is made, the Minister must give or send written notice to—

(a)all landholders of land to which the order relates; and

(b)the local government for the area in which the land is situated;

that the order has been made and of the terms of the order.

(2)It is sufficient compliance with subsection (1)(a) in relation to a landholder if the Minister gives notice of the order to the landholder by displaying the notice in a prominent place on the land.

s 104 amd 1994 No. 42 s 2 sch

105Duration of order

(1)An interim conservation order has effect from the time it is made and continues in force for not more than 60 days.

(2)The Governor in Council may, by gazette notice, extend the order by not more than 90 days.

s 105 amd 1994 No. 42 s 2 sch

107Suspension of licences etc.

(1)If a licence, permit or other authority issued or given under any Act permits the holder to do an act that would contravene an interim conservation order, the Minister may, by order, suspend the operation of the authority to the extent that it permits the doing of the act.

(2)The Minister must give written notice of the order to the authority holder.

(3)If the Minister considers that it is impracticable to give notice to each holder of a particular class of authority, it is sufficient compliance with subsection (2) if the Minister gives notice of the order to the authority holders by publishing a notice in such newspapers as the Minister determines.

(4)The suspension—

(a)takes effect from—

(i)if notice is given under subsection (2)—the day the notice is received by the holder; or

(ii)if notice is given under subsection (3)—the day the notice is first published in a newspaper; or

(iii)if a later day is specified in the notice—the later day; and

(b)ends—

(i)when the interim conservation order ends; or

(ii)if an earlier day is specified in the notice—on the earlier day.

(5)This section applies despite any other Act.

s 107 amd 1994 No. 42 s 2 sch

108Compensation

(1)A landholder of land subject to an interim conservation order is entitled to be paid by the State such reasonable compensation because of the making of the order as is agreed between the State and the landholder or, failing agreement, as is determined by the Land Court.

(2)A claim for compensation must—

(a)be made in a form approved by the chief executive; and

(b)be made to the chief executive within 6 months after the making of the order or the longer period the chief executive or the Land Court in special circumstances allows.

s 108 amd 1994 No. 42 s 21

109Compliance with order

A person must not contravene an interim conservation order.

Maximum penalty—3000 penalty units or 2 years imprisonment.

pt 7 hdg sub 1994 No. 42 s 2 sch; 2013 No. 55 s 62

amd 2019 No. 8 s 21

pt 7 div 1 hdg prev div 1 hdg ins 2013 No. 55 s 63

om 2019 No. 8 s 22

pres div 1 hdg (prev div 2 hdg) ins 2013 No. 55 s 64

renum 2019 No. 8 s 26

111Chief executive to prepare management statement

(1)The chief executive must, as soon as practicable after—

(a)the dedication of—

(i)a national park (scientific); or

(ii)a national park; or

(iii)a national park (Cape York Peninsula Aboriginal land); or

(iv)a conservation park; or

(v)a resources reserve; or

(b)the declaration of—

(i)a nature refuge, under section 49; or

(ii)a coordinated conservation area; or

(iii)an indigenous joint management area;

prepare a management statement for the area.

(2)However, the chief executive is not required to prepare a management statement for the area (the newly dedicated protected area) if—

(a)the area is dedicated or declared as a protected area in connection with any of the following changes to a protected area (an existing protected area) for which a management statement (an existing management statement) or management plan (an existing management plan) is in force—

(i)renaming the existing protected area;

(ii)changing the class of the existing protected area;

(iii)adding an area to the existing protected area;

(iv)removing an area from the existing protected area;

(v)amalgamating the existing protected area with another protected area;

(vi)dividing the existing protected area into 2 or more separate protected areas; and

(b)any of the following applies—

(i)the regulation dedicating or declaring the newly dedicated protected area declares that the existing management statement or existing management plan applies to the newly dedicated protected area;

(ii)if there is an existing management statement in effect for the existing protected area—the chief executive amends the existing management statement to apply to the newly dedicated protected area; or

(iii)if there is an existing management plan in effect for the existing protected area—the Minister amends the existing management plan to apply to the newly dedicated protected area.

(3)Also, the chief executive is not required to prepare a management statement for the area if the Minister notifies the chief executive that the Minister is preparing a management plan for the area.

(4)If—

(a)on or after the dedication or declaration of a protected area, the area is included in an aggregation of protected areas assigned a name under section 64; and

(b)a management statement is required to be prepared for the area under this section;

the chief executive may prepare a management statement for the aggregation of areas instead of a statement for the area (whether or not statements have been prepared for other areas included in the aggregation of areas).

(5)If the chief executive decides to prepare a management statement for an amalgamated area or aggregation of areas, this part applies to the preparation and approval of the statement.

(6)The chief executive may after the declaration of a nature refuge, other than under section 49, prepare a management statement for the area of the refuge if the landholder of the area agrees.

(7)A management statement for a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area must—

(a)be prepared jointly with the indigenous landholder for the protected area; and

(b)be consistent with any indigenous land use agreement, and the indigenous management agreement, for the protected area.

(8)A management statement for an area may be combined with a management statement for another area dedicated or declared under this Act.

s 111 amd 1994 No. 42 ss 23, 2 sch; 2000 No. 44 ss 32, 39; 2005 No. 53 s 142; 2007 No. 48 s 50; 2007 No. 56 s 38; 2011 No. 11 s 45; 2011 No. 26 s 121; 2013 No. 55 ss 65, 148; 2016 No. 22 s 26

112Minister may prepare management plan

(1)This section applies to—

(a)an area mentioned in section 111(1); or

(b)an area that is an aggregation of areas assigned a name under section 64.

(2)The Minister may prepare a management plan for the area if the Minister is satisfied it is appropriate in the circumstances having regard to the following—

(a)the importance of the area’s natural or cultural resources and values;

(b)any significant or particular threats to the area’s natural or cultural resources and values;

(c)any significant public interest concerns for the area’s natural or cultural resources and values;

(d)the nature of any proposed commercial or recreational uses of, and opportunities for, the area and the proposed management of those uses.

(3)The Minister may after the declaration of a nature refuge, other than under section 49, prepare a management plan for the area of the refuge if the landholder of the area agrees.

(4)A management plan for a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area must—

(a)be prepared jointly with the indigenous landholder for the protected area; and

(b)be consistent with any indigenous land use agreement, and the indigenous management agreement, for the protected area.

s 112 ins 2013 No. 55 s 67

pt 7 div 2 hdg pres div 2 hdg (prev div 3 hdg) ins 2013 No. 55 s 67

renum 2019 No. 8 s 26

113Management statements to be consistent with management principles etc.

A management statement for an area must—

(a)be consistent with the management principles for the class of the area; and

(b)if the area is a nature refuge or coordinated conservation area—be consistent with any conservation agreement or conservation covenant for the area; and

(c)state management outcomes for the protection, presentation and use of the area and the policies, guidelines and actions to achieve the outcomes.

s 113 amd 1994 No. 42 s 2 sch

sub 2013 No. 55 s 68

amd 2014 No. 40 s 154 sch 1 pt 2

113ANotice of making of management statement

(1)The chief executive must notify the making of a management statement by gazette notice.

(2)The gazette notice must state where a copy of the management statement is available for inspection.

s 113A ins 2013 No. 55 s 68

113BWhen management statement has effect

A management statement has effect on and from the later of the following days—

(a)the day the gazette notice for the statement is published under section 113A;

(b)the commencement day stated in the statement.

Note—

See, however, section 119B.

s 113B ins 2013 No. 55 s 68

113CImplementation of management statement

On the making of a management statement for an area, the following persons must give effect to the statement—

(a)if the area is a national park (Aboriginal land) or national park (Torres Strait Islander land)—the board of management for the area;

(b)if the area is a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area—the indigenous landholder for the area and the chief executive;

(c)if the area is under the control of trustees appointed under section 31—the trustees;

(d)if paragraphs (a), (b) and (c) do not apply—the chief executive.

s 113C ins 2013 No. 55 s 68

pt 7 div 3 hdg pres div 3 hdg (prev div 4 hdg) ins 2013 No. 55 s 68

renum 2019 No. 8 s 26

114Application of division

This division applies if the Minister decides to prepare a management plan for an area under section 112.

s 114 amd 1994 No. 42 s 2 sch

sub 2013 No. 55 s 68

amd 2019 No. 8 s 23

115Preparation of draft plan

The Minister must prepare a draft of the management plan (a draft plan).

s 115 amd 1994 No. 42 ss 25, 2 sch

sub 2013 No. 55 s 68

115ANotice of draft plan

(1)This section applies to a draft plan other than a draft plan for a nature refuge that is subject to a conservation agreement.

(2)The Minister must—

(a)publish a notice about the draft plan on the department’s website; and

(b)ensure the draft plan is available for inspection as stated in the notice.

(3)The notice must—

(a)state the area to which the draft plan relates; and

(b)state that a copy of the draft plan is available for inspection without charge—

(i)during business hours at the department’s head office and at each departmental office in the general area in which the area is located; and

(ii)on the department’s website; and

(c)invite members of the public, including landholders and indigenous people with an interest in the area, to make written submissions about the draft plan to the Minister, within a stated period.

(4)The stated period must be at least 20 business days after the notice is published.

(5)Subsection (3)(c) does not apply if—

(a)the draft plan is substantially uniform or complementary with—

(i)another Act; or

(ii)a law of the Commonwealth or another State; or

(b)the following applies—

(i)the draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument;

(ii)an assessment of the benefits and costs associated with the plan has already been made;

(iii)the assessment was made for, or is relevant to, Queensland; or

(c)the Minister considers there has already been adequate other public consultation about the matters the subject of the plan.

(6)In this section—

landholder includes a person having an interest in land.

s 115A ins 2013 No. 55 s 68

amd 2019 No. 8 s 24

115BObtaining copy of draft plan

(1)On payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the draft plan from the chief executive.

(2)The fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person.

(3)For subsection (2), if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person.

s 115B ins 2013 No. 55 s 68

116Submissions to be considered when preparing final management plan

When preparing a final management plan, the Minister must consider all submissions made to the Minister about the draft plan under section 115A(3)(c).

s 116 sub 1994 No. 42 s 26; 2013 No. 55 s 68

117Final management plans

(1)A final management plan for a protected area must—

(a)be consistent with the management principles for the class of the area and, if the area is a nature refuge or coordinated conservation area, any conservation agreement or covenant for the area; and

(b)specify management outcomes for the protection, presentation and use of the area and the policies, guidelines and actions to achieve the outcomes.

(2)A final management plan for a protected area may divide the area into management zones.

s 117 ins 1994 No. 42 s 26

amd 2005 No. 42 s 52 sch 1; 2013 No. 55 s 69; 2014 No. 40 s 154 sch 1 pt 2

118Approval of final management plan

(1)The Governor in Council may, by gazette notice, approve a final management plan.

(2)The gazette notice must state—

(a)where a copy of the management plan is available for inspection; and

(b)if, immediately before the approval of the management plan, a management statement is in effect for the area—the management statement ceases to have effect on the day the management plan takes effect.

s 118 ins 1994 No. 42 s 26

sub 2013 No. 55 s 70

119Management plan may be combined with another plan

A management plan for an area may be combined with 1 or more of the following—

(a)a management plan for another area dedicated or declared under this Act;

(b)a management plan for a marine park under the Marine Parks Act 2004;

(c)a management plan for a recreation area under the Recreation Areas Management Act 2006.

s 119 amd 1994 No. 42 s 27

sub 2013 No. 55 s 70

119AWhen management plan has effect

A management plan has effect on and from the later of the following days—

(a)the day the gazette notice approving the plan is published;

(b)the commencement day stated in the plan.

s 119A ins 2013 No. 55 s 70

119BManagement statement ceases to have effect if management plan takes effect

(1)This section applies if—

(a)a management statement is in effect for an area; and

(b)a management plan for the area takes effect under section 119A.

(2)On the management plan taking effect, the management statement ceases to have effect for the area.

s 119B ins 2013 No. 55 s 70

120Implementation of management plan

On approval of a management plan for a protected area or an indigenous joint management area, the following persons must give effect to the plan—

(a)if the area is a national park (Aboriginal land) or national park (Torres Strait Islander land)—the board of management for the area;

(b)if the area is a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area—the indigenous landholder for the area and the chief executive;

(c)if the area is under the control of trustees appointed under section 31—the trustees;

(d)if paragraphs (a), (b) and (c) do not apply—the chief executive.

s 120 amd 1994 No. 42 s 2 sch; 2007 No. 48 s 51; 2011 No. 11 s 46; 2011 No. 26 s 122; 2013 No. 55 s 71

pt 7 div 4 hdg pres div 4 hdg (prev div 5 hdg) ins 2013 No. 55 s 72

renum 2019 No. 8 s 26

120AProcedures for amending management plan

(1)Sections 114 to 117 apply to the amendment of a management plan as if a reference to a management plan were a reference to an amendment of a management plan.

(2)However, sections 115 to 116 do not apply to the amendment of a management plan if—

(a)the amendment contains only amendments to—

(i)correct an error in the plan; or

(ii)make a change other than a change of substance in the plan; or

(iii)if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type; or

(b)for a management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment contains only amendments needed to ensure the plan remains substantially uniform or complementary; or

(c)the amendment only adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the amendment has already been made and the assessment was made for, or is relevant to, Queensland; or

(d)the Minister considers there has already been adequate other public consultation about the matters the subject of the amendment.

s 120A ins 2013 No. 55 s 72

amd 2016 No. 22 s 27

120ABAmendment of management plans for particular land

(1)This section applies in relation to the amendment of a management plan for land in a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area.

(2)The amendment of the management plan must be prepared jointly with the indigenous landholder for the land.

(3)The management plan as amended must be consistent with any indigenous land use agreement or indigenous management agreement for the land.

(4)This section does not limit section 120A.

s 120AB ins 2016 No. 22 s 27A

120BApproval of amendment

(1)An amendment of a management plan may be approved, by gazette notice, by—

(a)for an amendment to which section 120A(2) applies—the Minister; or

(b)otherwise—the Governor in Council.

(2)The gazette notice must state where a copy of each of the following is available for inspection—

(a)the amendment of the management plan;

(b)the management plan as amended.

s 120B ins 2013 No. 55 s 72

120CWhen amendment has effect

The amendment of a management plan has effect on and from the later of the following days—

(a)the day the gazette notice approving the amendment is published;

(b)the commencement day stated in the amendment.

s 120C ins 2013 No. 55 s 72

pt 7 div 5 hdg pres div 5 hdg (prev div 6 hdg) ins 2013 No. 55 s 72

renum 2019 No. 8 s 26

120DPublication and availability of management statements and management plans

(1)The chief executive must publish a copy of each management statement and management plan, as amended from time to time, on the department’s website.

(2)The copy must be published—

(a)within 20 business days after the statement or plan first takes effect under this part; or

(b)for a copy incorporating an amendment of the statement or plan—within 20 business days after the day on which the amendment takes effect.

(3)Also, the chief executive must keep a copy of each management statement and management plan, as amended from time to time, available for inspection, without charge by the chief executive, by members of the public during normal business hours at—

(a)the department’s head office; and

(b)each departmental office in the general area in which the area the subject of the statement or plan is located.

s 120D ins 2013 No. 55 s 72

120EObtaining copies of management statements or management plans

(1)On payment of the fee decided by the chief executive, a person may obtain a copy of a management statement or management plan, as in effect at a particular time, from the chief executive.

(2)The fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person.

(3)For subsection (2), if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person.

s 120E ins 2013 No. 55 s 72

pt 7 div 6 hdg pres div 6 hdg (prev div 6A hdg) ins 2019 No. 8 s 25

renum 2019 No. 8 s 26

120EAPreparation of management program

A landholder who intends to enter into a conservation agreement for a special wildlife reserve must prepare and give the Minister a management program for the reserve.

s 120EA ins 2019 No. 8 s 25

120EBContent of management program

(1)A management program must state management outcomes for the protection, presentation and use of the special wildlife reserve and actions to achieve the outcomes.

(2)A management program may also—

(a)divide the area of the special wildlife reserve into management zones; and

(b)authorise or restrict the taking, using or keeping of, or interfering with, a cultural or natural resource of the reserve.

s 120EB ins 2019 No. 8 s 25

120ECApproval of management program

The Minister may approve a management program for a special wildlife reserve only if the Minister is satisfied—

(a)the program is consistent with the management principles and proposed conservation agreement for the reserve; and

(b)the program states appropriate management outcomes for the protection, presentation and use of the reserve and appropriate actions to achieve the outcomes; and

(c)if the program authorises or restricts the taking, using or keeping of, or interfering with, a cultural or natural resource—that the authorisation or restriction is ecologically sustainable.

s 120EC ins 2019 No. 8 s 25

120EDWhen management program has effect

A management program for a special wildlife reserve has effect when the reserve is declared under this Act.

s 120ED ins 2019 No. 8 s 25

120EEImplementation of management program

The landholder of land in a special wildlife reserve must give effect to the management program for the reserve.

s 120EE ins 2019 No. 8 s 25

120EFAmendment of management program

(1)The landholder of land in a special wildlife reserve may, at any time, prepare an amended management program for the reserve for approval by the chief executive.

(2)Section 120EC applies to the amended management program as if—

(a)a reference to the Minister were a reference to the chief executive; and

(b)a reference to a management program were a reference to the amended management program.

(3)An amended management program for a special wildlife reserve has effect when it is approved by the chief executive.

s 120EF ins 2019 No. 8 s 25

pt 7 div 7 hdg ins 2013 No. 55 s 72

amd 2019 No. 8 s 27

120FReview of management statements

(1)The chief executive must review the management statement for an area not later than 10 years after it is made.

(2)On completing the review, the chief executive may—

(a)prepare a new management statement for the area; or

(b)amend the existing management statement for the area; or

(c)leave the existing management statement for the area unchanged.

s 120F ins 2013 No. 55 s 72

120GReview of management plans

(1)The Minister must review the operation of a management plan for an area not later than 10 years after its approval.

(2)On completing the review, the Minister may—

(a)prepare a new management plan for the area; or

(b)amend the existing management plan for the area; or

(c)leave the existing management plan for the area unchanged; or

(d)if the Minister is satisfied it is appropriate in the circumstances, decide that the existing management plan be replaced with a management statement for the area.

(3)If the Minister decides, under subsection (2)(d), that the existing management plan be replaced with a management statement for the area—

(a)the Governor in Council may revoke the approval of the existing management plan; and

(b)if the approval is revoked—the chief executive must prepare a management statement for the area under this part to take effect immediately after the revocation.

(4)Subsection (3)(b) does not apply if the area is amalgamated with another area for which a management statement is required under section 111, and either—

(a)the regulation dedicating or declaring the amalgamated area declares that an existing management statement or existing management plan applies to the amalgamated area; or

(b)an existing management statement or existing management plan is amended to apply it to the amalgamated area.

(5)Also, if the area is a protected area, section 111(4) applies to the area as if section 111(4)(b) also included a reference to a management statement required to be prepared under subsection (3)(b).

s 120G ins 2013 No. 55 s 72