Queensland Consolidated Regulations

NATURE CONSERVATION (ANIMALS) REGULATION 2020 - REG 372

372 Amending map in other circumstances

(1) The chief executive may, on the chief executive’s own initiative, amend the urban flying-fox management area map—

(a) to include an area if the chief executive believes flying-foxes are impacting on human health or wellbeing in the area; or

(b) to remove an urban flying-fox management area if the chief executive believes—

(i) the local government for the area has contravened the flying-fox roost management code or the flying-fox roost low impact activities code; or

(ii) the conservation of flying-foxes can not reasonably be achieved by allowing action authorised under section 61 to happen in the area.

Example for subparagraph (ii)—

The destruction of flying-fox roosts, when combined with a heatwave in the local government area, would adversely affect the survival of flying-foxes in the area.

(2) The chief executive must—

(a) give the local government for the affected urban flying-fox management area notice of the amendment at least 2 days before the day the map is amended; and

(b) publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.

(3) A notice under subsection (2) must state—

(a) the period (the
"effective period" ), of not more than 3 months, during which the amendment is in effect after it takes effect; and

(b) the reason for the amendment.

(4) If an urban flying-fox management area is removed from the urban flying-fox management area map under subsection (1) (b) , the chief executive must, before the end of the effective period for the removal—

(a) ask the local government for the area for any information relevant to the removal; and

(b) consider any information given to the chief executive by the local government under paragraph (a) ; and

(c) decide—

(i) to amend the map to reinstate the area, or part of the area; or

(ii) not to amend the map.

(5) The chief executive must—

(a) give the local government notice of the chief executive’s decision under subsection (4) (c) ; and

(b) publish a notice stating the chief executive’s decision on the department’s website.

(6) A notice under subsection (5) must state—

(a) the reason for the chief executive’s decision; and

(b) if the chief executive decides not to amend the map—the day the decision takes effect.

(7) If the chief executive decides to amend the map under subsection (4) (c) (i) , the chief executive may amend the map in the way decided by the chief executive.

(8) The chief executive must publish a notice, stating the nature of the amendment, on the department’s website on the day the amendment is made.