NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2024

Queensland Consolidated Regulations

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NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2024

- Made under the Nature Conservation Act 1992
- As at 22 September 2024
- Reg 198 of 2024

TABLE OF PROVISIONS

CHAPTER 1 - INTRODUCTION

PART 1 - PRELIMINARY

1. Short title
2. Commencement

PART 2 - INTERPRETATION

Division 1 - Definitions and key concepts

3. Dictionary
4. Meaning of character of an area
5. Meaning of commercial activity
6. Meaning of organised event
7. Meaning of protected area authority
8. Meaning of relevant person
9. Recreational craft—Act, schedule

Division 2 - Other interpretive provisions

10. References to wildlife
11. Measurement of position under regulation
12. Rounding of amounts expressed as numbers of fee units

PART 3 - APPLICATION OF REGULATION

13. Application to particular areas, animals and plants
14. Application to particular activities in resources reserve

CHAPTER 2 - MANAGEMENT OF PROTECTED AREAS

PART 1 - TRUSTEES OF CONSERVATION PARKS OR RESOURCES RESERVES

15. Trustees of particular conservation parks to manage park—Act, s 31
16. Trustees of particular resources reserves to manage reserve—Act, s 31
17. Application of fees charged by trustees

PART 2 - PERMITTED USES IN NATIONAL PARKS

18. Permitted uses in national parks—Act, s 35
19. Permitted uses in national parks under former Act—Act, s 37

PART 3 - NOTICES AND DECLARATIONS

Division 1 - Regulatory notices

Subdivision 1 - Notices generally

20. Regulatory notices
21. Requirements for regulatory notices
22. Regulatory information notice
23. Display of regulatory notice or regulatory information notice is evidence of particular matters

Subdivision 2 - Particular regulatory notices

24. Aboriginal land protected areas
25. Particular protected areas to which Indigenous land use agreements apply
26. Permitted dog-walking in conservation parks and resources reserves

Division 2 - Camping notices

27. Camping areas

Division 3 - Declarations

Subdivision 1 - Declaration of restricted access area

28. Declaration of restricted access area
29. Reasons for declaring restricted access area
30. Consultation with stakeholders about declarations
31. Declarations for Aboriginal land protected areas
32. Declarations for particular protected areas to which Indigenous land use agreements apply
33. When declarations end

Subdivision 2 - Declaration of prescribed commercial activity

34. Declaration of prescribed commercial activity

Subdivision 3 - Declaration of special activity

35. Declaration of special activity
36. Consultation with stakeholders about declarations

Subdivision 4 - Declaration of area closed to the public

37. Declaration of area closed to the public

PART 4 - OTHER ACTIVITIES IN PROTECTED AREAS

Division 1 - Taking fish, invertebrates and mud crabs in protected areas

38. Prescribed places—Act, s 62
39. Condition for taking particular animals in prescribed places—Act, s 62
40. Prescribed invertebrates—Act, s 62
41. Authority for taking particular animals in conservation parks and resources reserves

Division 2 - Apiary areas and apiary permits for national parks

42. Apiary areas—Act, s 36A
43. Requirement for apiary permits—Act, s 36A

Division 3 - Mustering stock

44. Conducting general muster

Division 4 - Queensland Herbarium

45. Taking etc. cultural or natural resources

CHAPTER 3 - CULTURAL OR NATURAL RESOURCE AUTHORITIES

PART 1 - PRELIMINARY

46. Purpose of chapter

PART 2 - GENERAL PROVISIONS

Division 1 - Grant

47. Grant of permits or authorities

Division 2 - Restrictions on grant for particular protected areas

48. Restriction on grant for Aboriginal land protected areas
49. Restriction on grant for particular protected areas in Cape York Peninsula Region

PART 3 - RESOURCES PERMITS

Division 1 - Restrictions on grant of resources permits

Subdivision 1 - Restrictions for all resources permits

50. Restriction on grant about insurance
51. Restriction about protected area for grant of permit for quarry material

Subdivision 2 - Restrictions for resources permit for plant parts

52. Definition for subdivision
53. Restriction on grant for plant parts

Subdivision 3 - Restrictions for resources permit for conservation purposes

54. General restriction on grant of permit
55. Restriction about purposes for which permit may be granted
56. Restriction about persons to whom permit may be granted

Subdivision 4 - Restrictions for resources permit for educational purposes

57. General restriction on grant of permit
58. Restriction about purposes for which permit may be granted
59. Restriction about persons to whom permit may be granted

Subdivision 5 - Restrictions for resources permit for scientific purposes

60. General restriction on grant of permit
61. Restriction about purposes for which permit may be granted
62. Restriction about persons to whom permit may be granted

Subdivision 6 - Restrictions for special wildlife reserves and nature refuges

63. Restrictions on grant

Division 2 - Activities authorised by resources permits

64. Taking, using, keeping and interfering with particular resources authorised
65. Access to particular areas authorised by resources permits

Division 3 - Conditions of particular resources permit

66. Royalty payable for quarry material

PART 4 - APIARY PERMITS

Division 1 - Additional restrictions on grant of apiary permit

67. Restriction about protected areas for grant of permit
68. Restrictions about apiary sites for grant of permit
69. Restriction about number of beehives
70. Restriction on grant about insurance

Division 2 - Activities authorised by apiary permit

71. Taking, using, keeping and interfering with particular resources for apiary authorised
72. Access to particular areas authorised by apiary permits

PART 5 - PERMISSION FOR CONTROLLING ACTIVITIES

73. Controlling activity

CHAPTER 4 - ACTIVITY PERMITS

PART 1 - GENERAL PROVISIONS

Division 1 - Preliminary

74. Purpose of chapter

Division 2 - Grant

75. Grant of permits

Division 3 - Restrictions on grant

76. Permit must be consistent with management principles, intent or plan or conservation agreement
77. Restriction on grant about insurance
78. Restrictions on grant for special wildlife reserve
79. Restrictions on grant for nature refuge

Division 4 - Activities authorised

80. Access to restricted area authorised under particular permits
81. Access to area closed to the public not authorised

PART 2 - CAMPING PERMITS

82. Activities authorised by camping permit

PART 3 - STOCK-RELATED PERMITS

Division 1 - Stock grazing permits

83. Restrictions on grant of stock grazing permit
84. Activities authorised by stock grazing permit
85. Condition of stock grazing permit

Division 2 - Stock mustering permits

86. Activities authorised by stock mustering permit
87. Conditions of stock mustering permit

Division 3 - Travelling stock permits

88. Restrictions on grant of travelling stock permit
89. Activities authorised by travelling stock permit

PART 4 - OTHER ACTIVITY PERMITS

Division 1 - Restricted access area permits

90. Activities authorised by restricted access area permit

Division 2 - Commercial activity permits

91. Restriction on grant for prescribed commercial activities
92. Activities authorised by commercial activity permit

Division 3 - Other permits

93. Activities authorised by national park (scientific) permit
94. Activities authorised by permit to solicit donations or information
95. Activities authorised by organised event permit
96. Activities authorised by permit to use recreational craft
97. Activities authorised by special activity permit

PART 5 - RECORD-KEEPING REQUIREMENTS FOR PARTICULAR COMMERCIAL ACTIVITY AND ORGANISED EVENT PERMITS

Division 1 - Application

98. Application of part

Division 2 - Records

99. Making and keeping records of activities
100. Requirements for holder’s electronic system

Division 3 - Returns of operations

101. Giving returns
102. Payment of activity fees for returns

Division 4 - Other requirements for records and returns

103. Notice of incidents affecting holder’s records
104. Tampering with records

CHAPTER 5 - DECIDING AND DEALING WITH PROTECTED AREA AUTHORITIES

PART 1 - SUITABILITY

Division 1 - Preliminary

105. Purpose of part
106. Definitions for part

Division 2 - When a person is not suitable

107. Restriction on grant for suitability
108. Suitability based on convictions
109. Suitability based on demerit points etc.
110. Suitability based on other matters

Division 3 - Demerit points

111. Accumulation of demerit points

PART 2 - APPLICATIONS FOR AUTHORITIES

Division 1 - Special process for camping areas

112. Application for camping permit for camping area
113. Conditions of camping permit in camping area

Division 2 - Making applications for authorities generally

114. Requirements for application

Division 3 - Considering applications

115. Matters for chief executive to consider
116. Additional matters to be considered for particular Indigenous areas
117. Chief executive may require further information or document
118. Amending application
119. Chief executive may invite submissions about application

Division 4 - Deciding applications

120. Chief executive to decide application
121. Timeframes for deciding application
122. Steps to be taken after application decided

PART 3 - FORM OF AUTHORITIES

123. Form
124. Matters to be stated in authority

PART 4 - TERM OF AUTHORITIES

125. Term
126. Maximum terms for resources and apiary permits
127. Maximum term for activity permits

PART 5 - AMENDMENT, SUSPENSION OR CANCELLATION OF AUTHORITIES

Division 1 - Minor amendments

128. Minor amendments by chief executive

Division 2 - Amendments by application

129. Application for amendment
130. Considering and deciding application
131. Steps to be taken after application decided

Division 3 - Amendment, suspension or cancellation of camping permits

132. Amendment initiated by chief executive
133. Immediate suspension or cancellation for non-compliance

Division 4 - Amendment, suspension or cancellation of other protected area authorities

Subdivision 1 - Preliminary

134. Non-application to camping permits

Subdivision 2 - Non-immediate amendments by chief executive

135. Grounds for amendment
136. Notice for amendment
137. Decision on amendment

Subdivision 3 - Immediate amendments or suspensions by chief executive

138. Grounds for amendment or suspension
139. Advising of amendment or suspension
140. Effect of amendment or suspension

Subdivision 4 - Suspensions or cancellations by chief executive for non-compliance

141. Grounds for suspension or cancellation
142. Notice for suspension or cancellation
143. Decision on suspension or cancellation
144. Earlier ending of suspension or cancellation in particular circumstances

PART 6 - TRANSFER OF PARTICULAR PERMITS

Division 1 - Transferable permits

145. Particular permits transferable

Division 2 - Apiary permits

146. Transfer of apiary permits

Division 3 - Commercial activity permits

147. Application to transfer commercial activity permits
148. Considering application
149. Chief executive’s power to require further information
150. Decision on application
151. Steps after approval of transfer

PART 7 - RENEWAL OF COMMERCIAL ACTIVITY PERMITS

Division 1 - Preliminary

152. Definitions for part
153. When activities are substantially the same

Division 2 - Considering applications

154. Holder may apply for renewal of commercial activity permit
155. Existing permit continues in effect until renewal request is decided
156. Chief executive’s power to require further information

Division 3 - Deciding applications

157. Decision on renewal of permit
158. Steps for renewal of permit

PART 8 - REQUIREMENTS FOR AUTHORITIES

159. Authority must be available for inspection
160. Requirement to notify chief executive of particular changes and ask for amendment

PART 9 - SURRENDER OF AUTHORITIES

161. Surrender

CHAPTER 6 - COMMERCIAL ACTIVITY AGREEMENTS

PART 1 - GENERAL MATTERS

162. Chief executive may enter into agreement
163. Restrictions on entering into agreement—conservation of protected area
164. Restrictions on entering into agreement—suitability of party
165. Restrictions on entering into agreement—insurance
166. Content of agreement
167. Conservation conditions

PART 2 - EXPRESSION OF INTEREST PROCESS

168. Application of part
169. Invitation for expressions of interest
170. Requirements for expression of interest
171. Requirements for process
172. Chief executive may request further information
173. Amending expression of interest
174. Notice to unsuccessful submitters

PART 3 - APPLICATION PROCESS

175. Application of part
176. Applying for agreement
177. Matters to be considered for application
178. Chief executive may request further information
179. Amending the application
180. Chief executive may invite submissions about application for agreement
181. Negotiating application for agreement
182. Steps to be taken after application decided

PART 4 - TERM AND AUTHORISATION UNDER AGREEMENTS

183. Term and review of agreements
184. Authorisation under agreement

PART 5 - AMENDMENT, SUSPENSION AND CANCELLATION OF AGREEMENTS

Division 1 - Non-immediate amendments of agreements

185. Grounds for amendment of agreement
186. Notice for amendment of agreement
187. Decision on amendment of agreement

Division 2 - Immediate amendments or suspensions of agreements

188. Grounds for amendment or suspension of agreement
189. Advising of amendment or suspension of agreement
190. Effect of amendment or suspension of agreement

Division 3 - Suspensions or cancellations of agreements for non-compliance

191. Grounds for suspension or cancellation of agreement
192. Notice for suspension or cancellation of agreement
193. Decision on suspension or cancellation of agreement
194. End of suspension or cancellation in particular circumstances

PART 6 - TRANSFER OF AUTHORISATION UNDER AGREEMENT

195. Application to transfer authorisation
196. Approval or non-approval of transfer
197. Giving effect to transfer

PART 7 - REQUIREMENT TO HAVE AGREEMENT OR COPY AVAILABLE FOR INSPECTION

198. Agreement or copy must be available for inspection

CHAPTER 7 - ACCESS TO, USE OF AND CONDUCT IN PROTECTED AREAS

PART 1 - ACCESSING AND USING PARTICULAR AREAS

Division 1 - Restricted areas

199. Unlawfully entering restricted access area
200. Unlawfully entering area closed to the public
201. Unlawfully entering national park (scientific)

Division 2 - Compliance with restrictions

202. Failing to comply with regulatory notices generally
203. Compliance with conditions of authority
204. Compliance with conservation agreement requirements
205. Compliance with conservation conditions

PART 2 - ANIMALS, PLANTS AND OTHER NATURAL MATERIALS

Division 1 - Animals

206. Restrictions on animals
207. Dogs to be under control
208. Complying with direction to remove animal
209. Unauthorised feeding of animals
210. Food to be kept from animals
211. Unauthorised disturbance of animals
212. Conduct if estuarine crocodiles are or may be present

Division 2 - Grazing stock

213. Unlawfully grazing stock or other animals
214. Unlawfully mustering stock
215. Unlawfully travelling stock
216. Unlawfully travelling other animals
217. Allowing stock to stray into protected area

Division 3 - Plants and other natural materials

218. Unlawfully bringing plants into protected areas
219. Unauthorised collection of natural material

PART 3 - CAMPING

220. Unlawful camping
221. Compliance with conditions of camping permit
222. Requirement about number of persons who may camp under permit or approval
223. Displaying camping tags
224. Displaying details on camping tags
225. Tampering with camping tags
226. Unattended camp sites
227. Complying with direction to leave protected area for protection, safety or minimising disturbance
228. Complying with direction to leave camp site

PART 4 - FIRES

229. Unlawful lighting of fires
230. Extinguishing fires
231. Depositing things relating to fires
232. Conservation officer’s powers in relation to fires

PART 5 - STRUCTURES OR WORKS

233. Unauthorised structures and works
234. Complying with direction to remove unauthorised structures or works

PART 6 - VEHICLES, BOATS AND OTHER CRAFTS

Division 1 - Restrictions on use

Subdivision 1 - Licensing and registration

235. Licensing requirement for driving or riding vehicles or operating boats
236. Restrictions on unregistered vehicles
237. Number plate identification requirements for vehicles
238. Approval requirement for driving or riding conditionally registered vehicles

Subdivision 2 - Safe use

239. Safe use of vehicles by reference to Queensland Road Rules
240. Safe use of vehicles by reference to Transport Operations (Road Use Management) Act 1995
241. Requirements for carrying passengers
242. Appropriate places for using vehicles, boats or recreational craft
243. Other requirements for using vehicles, boats or recreational craft
244. Safe use of boats and recreational craft

Subdivision 3 - Other matters

245. Traffic control for vehicles, boats and recreational craft
246. Complying with direction about use of vehicle, boat, aircraft or recreational craft

Division 2 - Unauthorised uses

247. Unauthorised use of recreational craft generally
248. Unauthorised flying of aircraft or recreational craft
249. Unauthorised landing of aircraft or recreational craft
250. Unauthorised possession or operation of drones

PART 7 - WASTE AND OTHER DAMAGE

Division 1 - Pollution

251. Polluting dams, lakes or watercourses
252. Dumping or abandoning vehicles, boats, aircraft or recreational craft
253. Dumping or abandoning waste materials
254. Unlawful use of offensive and harmful substances
255. Unlawful disposal of offensive and harmful substances

Division 2 - Litter

256. Dangerous littering
257. Depositing litter brought into protected areas
258. Depositing other litter
259. Complying with direction about litter

Division 3 - Other damage

260. Misusing water
261. Defacing cultural or natural resources

PART 8 - OTHER CONDUCT

Division 1 - Use of devices

262. Disturbance by amplified sound
263. Unauthorised use of compressors, generators or similar machines
264. Unlawfully possessing or using appliances
265. Use of metal detectors

Division 2 - Unlawful conduct

266. General misconduct
267. Unlawfully conducting commercial activity
268. Unlawfully conducting organised event
269. Unlawfully conducting special activity
270. Unlawfully soliciting donations or information
271. Unlawfully displaying or disseminating notices or other documents
272. Tampering with structures and other things
273. Complying with direction to leave for unlawful activities
274. Complying with direction to leave for dangerous circumstances or emergency or rescue activity

CHAPTER 8 - FEES

PART 1 - FEES PAYABLE

275. Application of chapter
276. Fees generally
277. Proceedings for recovery of unpaid fees

PART 2 - WAIVERS

278. Waiver of application fee for particular permits and agreements
279. Waiver of permit fee for commercial activity permits
280. Waiver of application fee for transfer of particular joint marine park permits
281. Waiver of additional daily fee for particular permits

PART 3 - FEE EXEMPTIONS

Division 1 - Fee exemptions granted without application

282. Exemption for camping permit granted to particular persons

Division 2 - Fee exemptions granted on application

Subdivision 1 - Grounds for granting exemptions

283. Exemption for activities contributing to conservation

Subdivision 2 - Application process

284. Application for exemption of fee
285. Deciding fee exemption application
286. Grant of exemption under fee exemption application
287. Refusal of exemption under fee exemption application
288. Effect of grant of exemption

PART 4 - REFUNDS

289. Refund of fees

CHAPTER 9 - REPEAL AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL

290. Repeal

PART 2 - TRANSITIONAL PROVISIONS

Division 1 - Preliminary

291. Definitions for part

Division 2 - Authorities, agreements and other permissions

292. Existing authorities, agreements, approvals and permissions continue
293. Existing amendments or suspensions continue

Division 3 - Notices, declarations and signs

294. Regulatory notices and regulatory information notices
295. Declarations in force
296. Notified camping areas continue
297. Existing signs or markings for traffic control

Division 4 - Incomplete processes

298. Consultation requirements for notices and declarations
299. Unsatisfied directions
300. Existing invitations, requests, notices and notifications
301. Undecided applications
302. Incomplete processes for commercial activity agreements

Division 5 - Other matters

303. Existing demerit points continue
304. Existing records
305. References to repealed regulation
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