NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017

Queensland Subordinate Legislation as Made

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NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017

- Made under the Nature Conservation Act 1992
- As at 18 August 2017
- Reg 157 of 2017

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

PART 1 - GENERAL

1. Short title
2. Commencement
3. Overview
4. Relationship with Nature Conservation (Administration) Regulation 2017

PART 2 - APPLICATION

5. Definition for part
6. Application generally
7. Application to national park (Aboriginal land) or national park (Torres Strait Islander land)
8. Application to State forest or timber reserves
9. Application to private land
10. Application to particular activities in resources reserve

PART 3 - INTERPRETATION

11. General
12. Scientific names
13. References to latitudes and longitudes

CHAPTER 2 - GENERAL PROVISIONS ABOUT PARTICULAR PROTECTED AREAS

PART 1 - TRUSTEES OF CONSERVATION PARKS OR RESOURCES RESERVES

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

PART 2 - PERMITTED USES IN NATIONAL PARKS

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

CHAPTER 3 - TAKING, USING, KEEPING OR INTERFERING WITH CULTURAL OR NATURAL RESOURCES

PART 1 - CONSIDERING APPLICATIONS FOR PERMITS OR AUTHORITIES

19. Additional matters to be considered

PART 2 - RESOURCES PERMITS AND APIARY PERMITS

Division 1 - Restrictions on grant

20. Restriction on grant about insurance

Division 2 - Resources permits

Subdivision 1 - Additional restrictions on grant of resources permit for particular cultural or natural resources

21. Restriction about protected area for grant of permit for quarry material
22. Restrictions about permit for plant parts

Subdivision 2 - Additional restrictions on grant of resources permit for educational purposes

23. General restriction on grant of permit
24. Restriction about persons to whom permit may be granted
25. Restriction about purposes for which permit may be granted

Subdivision 3 - Additional restrictions on grant of resources permit for scientific purposes

26. General restriction on grant of permit
27. Restriction about persons to whom permit may be granted
28. Restriction about purposes for which permit may be granted

Subdivision 4 - Activities authorised by resources permits

29. Taking, using, keeping and interfering with particular resources authorised

Subdivision 5 - Conducting activities under particular resources permit

30. Royalty payable for quarry material

Division 3 - Apiary permits

Subdivision 1 - Additional restrictions on grant of apiary permit

31. Restriction about protected areas for grant of permit
32. Restriction about number of beehives

Subdivision 2 - Activities authorised by apiary permits

33. Taking, using, keeping and interfering with particular resources for apiary authorised

PART 3 - ABORIGINAL TRADITION OR ISLAND CUSTOM AUTHORITIES FOR TAKING, USING, KEEPING OR INTERFERING WITH CULTURAL OR NATURAL RESOURCES

Division 1 - General restrictions on grant for Aboriginal tradition or Island custom authorities

34. Restriction about resources for which authorities may be granted
35. Restriction about way for taking, using, keeping or interfering with resources

Division 2 - Aboriginal tradition authorities

Subdivision 1 - Considering application

36. Additional matters to be considered

Subdivision 2 - Additional restrictions on grant

37. Restriction about persons to whom authority may be granted
38. Restriction about circumstances under which authority may be granted for particular national parks

Subdivision 3 - Activities authorised by Aboriginal tradition authority

39. Taking, using, keeping and interfering with particular resources authorised

Subdivision 4 - Conducting activities under Aboriginal tradition authority

40. Notifying persons about authorisations and conditions
41. Way cultural or natural resource may be taken

Division 3 - Island custom authorities

Subdivision 1 - Considering application

42. Additional matters to be considered

Subdivision 2 - Additional restrictions on grant

43. Restriction about persons to whom authority may be granted
44. Restriction about circumstances under which authority may be granted for particular national parks

Subdivision 3 - Activities authorised by Island custom authority

45. Taking, using, keeping and interfering with particular resources authorised

Subdivision 4 - Conducting activities under Island custom authority

46. Notifying persons about authorisations and conditions
47. Way cultural or natural resource may be taken

PART 4 - OTHER TAKING, USING, KEEPING OR INTERFERING WITH CULTURAL OR NATURAL RESOURCES

48. Controlling activity
49. Fish, invertebrate animals or mud crabs in particular protected areas
50. Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184

CHAPTER 4 - PROVISIONS ABOUT PERMITS FOR ACCESS TO, USE OF AND CONDUCT WITHIN PROTECTED AREAS

PART 1 - PROVISIONS APPLYING TO ALL OR MOST PERMITS

Division 1 - Considering applications for activity permits

51. Additional matters to be considered

Division 2 - Restrictions on grant

52. Permit must be consistent with management principles and management intent or plan
53. Restriction on grant about insurance

Division 3 - Activity authorised by most permits or not authorised by any permit

54. Access to restricted area authorised under particular permits
55. Access to area closed to the public not authorised

PART 2 - CAMPING PERMITS

56. Camping authorised under permit

PART 3 - RESTRICTED ACCESS AREA PERMITS

57. Entering restricted access area authorised under permit

PART 4 - STOCK GRAZING PERMITS

58. Restriction about protected areas for which permit may be granted
59. Grazing stock in particular areas authorised under permit

PART 5 - STOCK MUSTERING PERMITS

60. Mustering stock in particular areas authorised under permit
61. Using particular animals or vehicles to muster stock authorised under particular permits

PART 6 - TRAVELLING STOCK PERMITS

62. Restriction about protected areas for which permit may be granted
63. Travelling stock in particular areas authorised under permit

PART 7 - PERMITS TO ENTER NATIONAL PARK (SCIENTIFIC)

64. Entering particular national parks authorised under permit

PART 8 - COMMERCIAL ACTIVITY PERMITS

65. Conducting particular activities in particular areas authorised under permit
66. Keeping record for particular permits
67. Giving return of operations for particular permits

PART 9 - PERMITS TO SOLICIT DONATIONS OR INFORMATION

68. Soliciting donations or information in particular areas authorised under permit

PART 10 - ORGANISED EVENT PERMITS

69. Conducting particular activities in particular areas authorised under permit

PART 11 - PERMITS TO USE RECREATIONAL CRAFT

70. Using particular recreational craft in particular areas authorised under permit

PART 12 - SPECIAL ACTIVITY PERMITS

71. Conducting particular activities in particular areas authorised under permit

CHAPTER 5 - REGULATORY NOTICES AND DECLARATIONS

PART 1 - PRELIMINARY

72. Definition for chapter

PART 2 - REGULATORY NOTICES

73. Requirements for regulatory notices
74. Particular regulatory notices for Aboriginal land protected areas
75. Particular regulatory notices for particular protected areas to which indigenous land use agreements apply
76. Regulatory information notice
77. Erection of regulatory notice or regulatory information notice is evidence of particular matters

PART 3 - DECLARATION OF RESTRICTED ACCESS AREA

78. Declaration of restricted access area
79. Reasons for declaring restricted access area
80. Consultation with stakeholders about declarations
81. Declarations for Aboriginal land protected areas
82. Declarations for particular protected areas to which indigenous land use agreements apply
83. When declarations end

PART 4 - DECLARATION OF PRESCRIBED COMMERCIAL ACTIVITY

84. Declaration of prescribed commercial activity

PART 5 - DECLARATION OF SPECIAL ACTIVITY

85. Declaration of special activity
86. Activities that may be special activities
87. Consultation with stakeholders about declarations

PART 6 - DECLARATION OF AREA CLOSED TO THE PUBLIC

88. Declaration of area closed to the public

CHAPTER 6 - OFFENCES ABOUT ACCESS TO, USE OF AND CONDUCT IN PROTECTED AREAS

PART 1 - ACCESS TO, USE OF AND CONDUCT IN PROTECTED AREA GENERALLY

Division 1 - Camping in protected area

89. Unlawful camping
90. Compliance with conditions of camping permit
91. Requirement about number of persons who may camp under permit or approval
92. Display of camping tags
93. Complying with direction to leave camping site for protection, safety or minimising disturbance
94. Complying with direction to leave camping site for person camping at same site for long periods

Division 2 - Conducting other activities in protected area

95. Unlawfully entering restricted access area
96. Failing to comply with particular regulatory notices
97. Unlawfully entering area closed to the public
98. Unlawfully grazing stock
99. Unlawfully grazing other animals
100. Unlawfully mustering stock
101. Unlawfully travelling stock
102. Unlawfully travelling other animals
103. Allowing stock to stray onto protected area
104. Unlawfully entering national park (scientific)
105. Unlawfully conducting commercial activity
106. Compliance with conservation conditions
107. Unlawfully soliciting donations or information
108. Unlawfully conducting organised event
109. Unlawfully conducting special activity

PART 2 - FIRES

110. Unlawful lighting of fires
111. Unattended fires
112. Unauthorised things relating to fires
113. Conservation officer’s powers in relation to fires

PART 3 - UNAUTHORISED STRUCTURES OR WORKS

114. Unauthorised structures and works
115. Complying with direction to remove unauthorised structures or works

PART 4 - USING RECREATIONAL CRAFT, AIRCRAFT, VEHICLES OR BOATS

116. Unauthorised use of recreational craft generally
117. Unauthorised flying of aircraft or recreational craft
118. Unauthorised landing of aircraft or recreational craft
119. Traffic control for vehicles, boats and recreational craft
120. Licensing requirement for vehicles and boats
121. Registration requirement for vehicles
122. Approval requirement for conditionally registered vehicles
123. Safe use of vehicles by reference to transport legislation
124. Safe use of vehicles—other requirements
125. Safe use of boats and recreational craft
126. Complying with direction about use of vehicle, boat, aircraft or recreational craft
127. Other requirements about using vehicle, boat or recreational craft

PART 5 - ANIMALS AND PLANTS

128. Unauthorised feeding of animals
129. Food to be kept from animals
130. Unauthorised disturbance of animals
131. Restriction on animals in protected area
132. Bringing dogs into or keeping dogs in protected area
133. Complying with direction to remove animal
134. Unlawfully bringing plants into protected area

PART 6 - POLLUTION AND WASTE

135. Polluting dams, lakes or watercourses
136. Misusing water
137. Unlawful use of offensive and harmful substances
138. Unlawful disposal of offensive and harmful substances
139. Dumping or abandoning recreational craft, aircraft vehicles or boats
140. Dumping or abandoning waste materials
141. Depositing litter brought into protected area
142. Depositing other litter
143. Complying with direction about litter

PART 7 - OTHER CONDUCT IN PROTECTED AREA

144. Unlawfully possessing or using appliances
145. Use of generator, compressor etc. in particular area of protected area
146. Disturbance by amplified sound
147. General misconduct
148. Conduct in parts of protected area where estuarine crocodiles are or may be present
149. Tampering with camping tags
150. Tampering with structures and other things in protected area
151. Complying with direction to leave for unlawful activities
152. Complying with direction to leave for dangerous circumstances or emergency or rescue activity

CHAPTER 7 - AUTHORISED ACTIVITIES IN PROTECTED AREAS

153. Conducting general muster
154. Permitted dog-walking

CHAPTER 8 - SEIZURE OF THINGS IN PROTECTED AREA
Note—

155. Seizure of particular things for the protection of cultural or natural resources
156. Stray stock may be seized
157. Unauthorised structures or works may be seized
158. Unauthorised vehicle, aircraft, boat or recreational craft may be seized
159. Abandoned structure, works, vehicle, aircraft, boat or recreational craft may be seized

CHAPTER 9 - TRANSITIONAL PROVISIONS FOR NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017

160. Definitions for chapter
161. Controlling activity
162. Regulatory notice
163. Consultation requirements in relation to regulatory notice
164. Regulatory information notice
165. Declaration of restricted access area
166. Consultation requirements in relation to declarations of existing access area
167. Declaration of prescribed commercial activity
168. Declaration of special activity
169. Declaration of area closed to public
170. Chief executive’s written approval
171. Directions
172. References to expired regulation

CHAPTER 10 - AMENDMENT OF NATURE CONSERVATION (PROTECTED AREAS) REGULATION 1994

173. Regulation amended
174. Amendment of sch 6 (Coordinated conservation areas)

CHAPTER 11 - AMENDMENT OF STATE PENALTIES ENFORCEMENT REGULATION 2014

175. Regulation amended
176. Amendment of sch 1 (Infringement notice offences and fines for nominated laws)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8

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