NATURE CONSERVATION ACT 1992

Queensland Consolidated Acts

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- As at 22 October 2023
- Act 20 of 1992

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Short title
2. (Repealed)
3. Act binds all persons
3A. Territorial application of Act

PART 2 - OBJECT OF ACT

4. Object of Act
5. How object is to be achieved
6. Community participation in administration of Act

PART 3 - INTERPRETATION

Division 1 - Dictionary

7. Definitions

Division 2 - Key definitions

8. Meaning of nature
9. Meaning of conservation
10. Meaning of biological diversity
11. Meaning of ecologically sustainable use
12. Meaning of threatening process
13. Meaning of critical habitat

PART 4 - PROTECTED AREAS

Division 1 - Basic concepts

14. Classes of protected areas to which Act applies
15. Management of protected areas
16. Management principles of national parks (scientific)
17. Management principles of national parks
18. Management principles of national parks (Aboriginal land)
19. Management principles of national parks (Torres Strait Islander land)
19A. (Repealed)
20. Management principles of national parks (Cape York Peninsula Aboriginal land)
21. Management principles of conservation parks
21A. Management principles of resources reserves
21B. Management principles of special wildlife reserves
22. Management principles of nature refuges
23. Management principles of coordinated conservation areas
24. (Repealed)
25. (Repealed)
26. (Repealed)
27. Prohibition on mining, geothermal activities and GHG storage activities

Division 2 - Protected areas (State land)

Subdivision 1 - Preliminary

28. Meaning of protected area in division

Subdivision 2 - Dedication, revocation and amalgamation of protected areas

29. Dedication of protected areas
30. Revocation of State forests and timber reserves
31. Trustees of protected areas
32. Revocation of protected areas
33. Amalgamation etc. of protected areas
33A. Chief executive to lodge document for dedication, revocation and amalgamation etc.
33B. (Repealed)

Subdivision 3 - Interests in protected areas

34. Leases etc. over protected areas
35. Chief executive’s powers about permitted uses in national parks
35A. Chief executive’s powers about permitted uses for existing service facilities in national parks
36. Authorities for new national park
36A. Apiary permits for particular areas
37. Chief executive’s powers to renew existing authorities for national parks
37A. Leases must be registered
38. Leases may be granted under Land Act 1994
39. Creation of interests in protected areas

Subdivision 4A - Carbon abatement products

39D. Definition for sdiv 4A
39E. Chief executive may keep guidelines
39F. Application for right to deal with carbon abatement products
39G. Deciding application
39H. Notice of decision
39I. Internal review of chief executive’s decision
39J. Decision on reconsideration

Division 3 - Protected areas (Aboriginal land and Torres Strait Islander land) and indigenous joint management areas

Subdivision 1 - National parks (Aboriginal land) and national parks (Torres Strait Islander land)

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

Subdivision 2 - National parks (Cape York Peninsula Aboriginal land)

42AA. Dedication of national park as national park (Cape York Peninsula Aboriginal land)
42AB. Dedication of Aboriginal land as national park (Cape York Peninsula Aboriginal land)
42AC. Dedication of other land as national park (Cape York Peninsula Aboriginal land)
42AD. Leases etc. over national park (Cape York Peninsula Aboriginal land)
42AE. Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land)
42AEA. Particular powers about permitted uses for existing service facilities in national park (Cape York Peninsula Aboriginal land)
42AF. Revocation of national park (Cape York Peninsula Aboriginal land)

Subdivision 3 - Indigenous joint management areas

42AG. Purpose of subdivision
42AH. Declaration of a prescribed protected area as indigenous joint management area
42AI. Declaration of Aboriginal land as indigenous joint management area
42AJ. Declaration of other land as an indigenous joint management area
42AK. Revocation of dedication of protected area or declaration of indigenous joint management areas
42AL. Amalgamation etc. of protected areas that are indigenous joint management areas
42AM. Effect of revocation of prescribed protected area on indigenous joint management area
42AN. Leases etc. over land in indigenous joint management area
42AO. Particular powers about permitted uses on land in particular indigenous joint management areas
42AOA. Particular powers about permitted uses for existing service facilities on land in particular indigenous joint management areas
42AP. Authorities for new national park that is an indigenous joint management area

Subdivision 4 - Registration

42AQ. Chief executive to lodge document for dedication, declaration or change
42AR. (Repealed)

Division 3A - Special management areas (controlled action)

42A. Declaration of special management area (controlled action)
42B. When declaration of special management area (controlled action) ends
42C. (Repealed)
42D. (Repealed)
42E. (Repealed)
42F. (Repealed)

Division 3B - Special wildlife reserves

43. Application of division
43A. Proposal for declaration of special wildlife reserve
43B. Making conservation agreement for special wildlife reserve
43C. Terms of conservation agreement for special wildlife reserve
43D. Declaration of special wildlife reserve
43E. Agreeing to amend conservation agreement
43F. Leases etc. over land in special wildlife reserve
43G. Service facilities over land in special wildlife reserve
43H. Previous use authorities in special wildlife reserve
43I. Amalgamation of special wildlife reserves
43J. Revocation of special wildlife reserves
43K. Conservation agreements for special wildlife reserves binding
43L. Consent for transfer or surrender of land or expiry of lease

Division 4 - Nature refuges and coordinated conservation areas

44. Proposal for declaration of nature refuge
45. Conservation agreements for nature refuges
46. Declaration of nature refuges
47. Duration and termination of conservation agreements
48. Variation or replacement of conservation agreements
49. Compulsory declaration of nature refuge
50. Revocation of nature refuge or coordinated conservation area
50A. (Repealed)
51. Conservation agreements and conservation covenants for nature refuges binding
52. (Repealed)

Division 4A - Environmental impact statements

53. Application of division
54. Chief executive may require EIS
55. EIS must be considered
56. (Repealed)
57. (Repealed)
58. (Repealed)
59. (Repealed)
60. (Repealed)

Division 5 - Cultural and natural resources

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

Division 6 - General

63. Meaning of landholder in division
64. Naming of protected areas
65. Effect of change in class of protected area
66. Offset condition for protected area authority
66A. Conditions of protected area authority
67. Compensation when nature refuge declared
68. No compensation on termination of conservation agreements or revocation of protected areas
68A. Liability of State
69. Preservation of landholders’ interests
70. Unlawful use of certain words
70AA. Regulations may define extent of area

PART 4A - FOREST RESERVES

Division 1 - Preliminary

70A. Purpose of pt 4A and its achievement
70B. Definitions for pt 4A
70BA. SEQ horse riding trail network
70C. (Repealed)
70D. (Repealed)

Division 2 - Revocation of forest reserves

70E. Revocation of forest reserves
70EA. Chief executive to lodge document for revocation
70EB. (Repealed)

Division 3 - Management of forest reserves

Subdivision 1 - Management principles of forest reserves

70F. Management principles

Subdivision 2 - Management

70G. State forest or timber reserve dedicated as a forest reserve
70H. Land Act reserve dedicated as a forest reserve
70I. Management principles prevail

Division 4 - Progression to protected area

Subdivision 1 - Review of forest reserves

70J. Review
70JA. Review of impact of horse riding trails
70JB. Assessment by independent scientific advisory committee

Subdivision 2 - Proposed protected areas

70K. Designation
70L. Effect of designation
70M. When designation ends
70N. Register of proposed protected areas
70O. Amendment of designation

Division 5 - Miscellaneous provisions

70P. References to State forest or timber reserve in other legislation
70Q. References to Land Act reserves in other legislation
70QA. Prohibition on mining, geothermal activities and GHG storage activities in forest reserves

Division 6 - Expiry of pt 4A

70R. Expiry

PART 5 - WILDLIFE AND HABITAT CONSERVATION

Division 1 - Basic concepts

71. Classes of wildlife to which Act applies
72. Management of wildlife—general
73. Management principles of protected wildlife
74. Management principles of international wildlife
75. Management principles of prohibited wildlife

Division 2 - Classes of wildlife

76. Native wildlife may be prescribed as extinct wildlife
77. Native wildlife may be prescribed as extinct in the wild wildlife
78. Native wildlife may be prescribed as critically endangered wildlife
78A. Native wildlife may be prescribed as endangered wildlife
78B. Native wildlife may be prescribed as vulnerable wildlife
79. Native wildlife may be prescribed as near threatened wildlife
80. Native wildlife may be prescribed as least concern wildlife
81. Wildlife may be prescribed as international wildlife
82. Wildlife may be prescribed as prohibited wildlife

Division 3 - Ownership of protected wildlife

83. Property in protected animals
84. Property in protected plants
85. Property in newly protected animals
86. Preservation of existing property rights
87. Liability of State

Division 4 - Restrictions on activities relating to protected wildlife

Subdivision 1 - Particular restrictions relating to protected animals

88. Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal
88A. Restriction on keeping or use of lawfully taken protected animal
88BA. Restrictions relating to dugongs and marine turtles
88C. Restrictions relating to flying-foxes and flying-fox roosts

Subdivision 2 - Particular restrictions relating to protected plants

88D. Regulation may prescribe special least concern plants
89. Restriction on taking etc. particular protected plants
90. Restriction on using particular protected plants

Subdivision 3 - Other restrictions

90A. Offence to keep or use native wildlife reasonably suspected to have been unlawfully taken
91. Restriction on release etc. of international and prohibited wildlife
92. Restriction on breeding etc. hybrids of protected animals
93. (Uncommenced)
94. Conservation officers prohibited in dealing with protected wildlife

Division 5 - Conservation value for protected wildlife

95. Payment of conservation value
96. Recovery of unpaid conservation value

Division 6 - Specific restriction on activities relating to native wildlife

97. Restriction on taking etc. of native wildlife in areas of major interest and critical habitats
97A. Additional restriction on hunting native ducks or native quails

Division 7 - Provisions for landholders

98. No right to enter land
99. Offence to trespass—general
100. Offence to trespass—landholders’ rights

Division 8 - Captive breeding agreements and captive breeding for conservation

Subdivision 1 - Preliminary

100A. Main purpose of div 8 and its achievement

Subdivision 2 - Captive breeding agreements

100B. Minister’s power to enter into captive breeding agreement
100C. Things a captive breeding agreement may provide for
100D. Required provisions for captive breeding agreement
100E. Restriction on the taking, under a captive breeding agreement, of wildlife in the wild
100F. Additional provisions for termination of captive breeding agreement
100G. Obligation to surrender protected wildlife on termination of captive breeding agreement

Subdivision 3 - Chief executive’s power for captive breeding

100H. Powers

Division 9 - Offset conditions

100I. Offset condition for wildlife authority
100J. Conditions of wildlife authority

Division 10 - Statements of management intent

100K. Local government’s statement of management intent

PART 6 - INTERIM CONSERVATION ORDERS

101. Definitions
102. Issue of order
103. Effect of order
104. Notice of order
105. Duration of order
106. (Repealed)
107. Suspension of licences etc.
108. Compensation
109. Compliance with order

PART 7 - MANAGEMENT STATEMENTS, MANAGEMENT PLANS, MANAGEMENT PROGRAMS AND CONSERVATION PLANS

Division 1 - Preparing management statement or management plan

110. (Repealed)
111. Chief executive to prepare management statement
112. Minister may prepare management plan

Division 2 - Making and implementing management statements

113. Management statements to be consistent with management principles etc.
113A. Notice of making of management statement
113B. When management statement has effect
113C. Implementation of management statement

Division 3 - Preparing, approving and implementing management plans

114. Application of division
115. Preparation of draft plan
115A. Notice of draft plan
115B. Obtaining copy of draft plan
116. Submissions to be considered when preparing final management plan
117. Final management plans
118. Approval of final management plan
119. Management plan may be combined with another plan
119A. When management plan has effect
119B. Management statement ceases to have effect if management plan takes effect
120. Implementation of management plan

Division 4 - Amendment of management plans

120A. Procedures for amending management plan
120AB. Amendment of management plans for particular land
120B. Approval of amendment
120C. When amendment has effect

Division 5 - Publication of management statements and management plans

120D. Publication and availability of management statements and management plans
120E. Obtaining copies of management statements or management plans

Division 6 - Management programs

120EA. Preparation of management program
120EB. Content of management program
120EC. Approval of management program
120ED. When management program has effect
120EE. Implementation of management program
120EF. Amendment of management program

Division 7 - Reviewing management statements, management plans and management programs

120F. Review of management statements
120G. Review of management plans
120GA. Review of management program

Division 8 - Conservation plans

120H. Preparation of conservation plans
120I. Conservation plans to be consistent with management principles etc.
120J. Approval of conservation plan
120K. Implementation of conservation plan

Division 9 - Miscellaneous provisions

121. Plan replaces interim or declared management intent
122. (Repealed)
123. Local governments’ decisions to be consistent with plans
124. (Repealed)
125. (Repealed)

PART 7A - REGULATIONS IDENTIFYING CRITICAL HABITATS OR AREAS OF MAJOR INTEREST

126A. Local governments’ decisions to be consistent with regulations

PART 8 - ADMINISTRATION

127. Appointment of conservation officers
127A. Functions of conservation officers
128. Appointment of honorary protectors
129. Minister may inquire into suitability of proposed appointees
130. Identity cards
131. Production or display of identity card
132. Advisory committees
132A. Committees for protected areas in Cape York Peninsula Region
132B. Decision about prescription of wildlife in particular circumstances
133. Chief executive to keep register
134. Records to be kept by registrar of titles
135. Chief executive may inquire into applications
136. Confidentiality of information
137. Licences to be consistent with management principles, and management intent, management plan or conservation agreement
137A. Compensation if landholder’s interest in land injuriously affected
138. Compensation not payable if authority not renewed etc.
139. Annual report
140. Delegation by Minister
141. Delegation by chief executive
142. Protection from liability
143. Immunity from prosecution
143A. False or misleading documents
143B. Chief executive may approve use of information system

PART 8A - REVIEW OF DECISIONS

Division 1 - Preliminary

143C. Definitions for part

Division 2 - Internal review

143D. Review process must start with internal review
143E. Who may apply for internal review
143F. Requirements for application
143G. Internal review

Division 3 - Staying operation of original decision

143H. QCAT may stay operation of original decision

Division 4 - External review

143I. Applying for external review

PART 9 - INVESTIGATION AND ENFORCEMENT

Division 1 - General provisions

144. Power to stop and search vehicles etc.
145. Entry and search—monitoring compliance
146. Entry and search—evidence of offences
147. General powers of conservation officer in relation to places
148. Monitoring warrants
149. Offence related warrants
150. Warrants may be granted by telephone, facsimile, radio etc.
151. Conservation officer may require name and address
152. Power to require information from certain persons
152A. General powers for things seized
152B. (Repealed)
153. Keeping seized protected wildlife until conservation value paid
154. Other powers of conservation officers

Division 2 - Special provisions for native wildlife and protected areas

Subdivision 1 - Preliminary

154A. Definitions for division
154B. Application of division

Subdivision 2 - Seizure powers

154C. Seizure by conservation officer of thing for protection of native wildlife outside protected area
154D. Seizure by conservation officer of thing in protected area
154E. Seizure by chief executive of stock found during muster in protected area

Subdivision 3 - Dealing with seized things

154F. Application of subdivision
154G. Dangerous seized thing must be destroyed
154H. Way seized thing must be kept
154I. Seizure notice
154J. Release of seized thing
154K. Sale and disposal of seized thing with market value of more than $500
154L. Sale and disposal of seized thing with market value of $500 or less
154M. Application of proceeds of sale
154N. Compensation not payable

Division 3 - Offences

154O. Offence to interfere
155. Obstructing conservation officer
157. False or misleading information
159. Impersonating conservation officer
159A. Impersonating ranger

Division 4 - Compensation

159B. Court may order compensation

PART 10 - LEGAL PROCEEDINGS

Division 1 - Proceedings and offences generally

160. Evidentiary provisions
161. Conduct of executive officers, servants and agents
162. Executive officers must ensure corporation complies with Act
163. Offence committed over a period
164. Indictable and summary offences
164A. (Expired)
165. Proceedings for indictable offences
166. Limitation on who may summarily hear indictable offence proceedings
167. Limitation on time for starting summary proceedings
168. Court may order costs of rehabilitation or restoration
169. Additional penalty—conservation value of protected wildlife
169A. (Expired)
170. (Repealed)
171. Disposal of cultural or natural resources and protected wildlife owned by State
172. Disposal of wildlife etc. not owned by State
173. Penalties payable to consolidated fund

Division 2 - Proceedings for declarations and enforcement orders

Subdivision 1 - Preliminary

173A. Definitions for div 2

Subdivision 2 - Declarations

173B. Court may make declarations
173C. Court may make orders about declarations

Subdivision 3 - Enforcement orders

173D. Proceeding for enforcement orders
173E. Making interim enforcement order
173F. Making enforcement order
173G. Effect of orders
173H. Court’s powers about orders
173I. Effect of enforcement order requiring restoration or rehabilitation of land
173J. Record in land registry of enforcement order requiring restoration or rehabilitation of land
173K. Application for removal of particulars of enforcement order from registrar of titles’ records
173L. How chief executive must deal with application
173M. Appeal against refusal to approve application or approval of application with conditions

Subdivision 4 - General procedural provision

173N. Proceeding brought in representative capacity

Division 3 - Judicial review of administrative decisions

173O. Extended standing for judicial review

Division 4 - (Repealed)

PART 11 - MISCELLANEOUS

173P. Chief executive’s general powers
173Q. Publication of notice for revocation under s 30, 32 or 70E or particular amalgamations under s 33
173R. (Repealed)
173S. (Repealed)
174. Application of Statutory Instruments Act
174A. Chief executive may make codes of practice
174B. Chief executive may make assessment guidelines
174C. No fee for instrument, information or notice
174D. Approved forms
174AA. (Expired)
175. Regulation-making power

PART 12 - SAVINGS AND TRANSITIONAL

Division 1 - Savings and transitional provisions for Act No. 20 of 1992

176. (Expired)
177. (Expired)
178. (Repealed)
179. (Expired)
180. (Expired)
181. References to repealed Acts
182. References to Crown land under Act
183. Authorities under former Act about national parks

Division 2 - Savings and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2000

184. (Repealed)
184A. (Expired)
184B. Provision for stock grazing permits for former SEQFA forest reserves
185. Provision for commercial activity permits for former forest reserves

Division 3 - Transitional provision for the Nature Conservation Amendment Act 2004

186. Abolition of class of rare wildlife

Division 4 - Transitional provisions for amendments under Waste Reduction and Recycling Act 2011

187. Existing protected areas and indigenous joint management areas
188. Existing leases and conservation agreements must still be registered

Division 5 - Transitional provisions for Nature Conservation and Other Legislation Amendment Act (No. 2) 2013

Subdivision 1 - Provisions about management of protected areas and conservation plans

189. Definitions for sdiv 1
190. Application of amended part 7 to existing dedications or declarations
191. Existing management statements
192. Preparation of other plans not completed at commencement
193. References to particular protected areas
194. Existing leases must still be registered

Subdivision 2 - Provisions about classes of protected areas

195. Definitions for sdiv 2
196. National parks (scientific) taken to be national parks and special management areas (scientific)
197. National parks (recovery) taken to be national parks and special management areas (controlled action)
198. Conservation parks taken to be regional parks
199. Resources reserves taken to be regional parks and regional park (resource use area)
200. References to particular protected areas
201. Trustees of conservation parks and resources reserves continue
202. Change in class does not affect instruments applying to an area
203. Particular previous use authorities continue
204. Deciding application for lease etc. for a protected area of an old class

Division 6 - Transitional provisions for Nature Conservation and Other Legislation Amendment Act 2016

205. Definitions for division
206. Application of division
207. Special management area (scientific) taken to be national park (scientific)
208. Regional park (general) taken to be conservation park
209. Regional park (resource use area) taken to be resources reserve
210. References to particular protected areas
211. Trustees of regional park (general)
212. Trustees of regional park (resource use area)
213. Change in class does not affect instruments applying to an area
214. Deciding application for relevant authorities

Division 7 - Transitional provision for Queensland Future Fund (Titles Registry) Act 2021

215. Application of ss 187, 188 and 194

Division 8 - Transitional provisions for Nature Conservation and Other Legislation Amendment Act 2022

216. Review of existing original decisions
217. Things seized before commencement
218. Existing approved forms
219. Existing apiary permits continue
SCHEDULE - Dictionary

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