Queensland Subordinate Legislation as Made

NATURE CONSERVATION (ADMINISTRATION) REGULATION 2017

- Made under the Nature Conservation Act 1992
- As at 18 August 2017
- Reg 156 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - General provisions

   1.      Short title
   2.      Commencement
   3.      Relationship with management instruments

           Division 2 - Interpretation

   4.      Dictionary
   5.      References to particular licences, permits or authorities
   6.      References to a class of wildlife
   7.      Meaning of character of area
   8.      Scientific names

   PART 2 - RELEVANT AUTHORITIES

           Division 1 - Types of relevant authorities that may be granted

   9.      Permits and authorities for taking etc. cultural or natural resources of protected area
   10.     Permits for conducting other activities in a protected area
   11.     Licences for animals other than in a protected area
   12.     Permits for animals other than in a protected area
   13.     Authorities for animals other than in a protected area
   14.     Licences for protected plants other than in a protected area
   15.     Permit for protected plants other than in a protected area
   16.     Authorities for protected plants other than in a protected area

           Division 2 - Term for relevant authority

   17.     Term of relevant authority
   18.     Maximum term for permits and authorities for taking etc. cultural or natural resources of protected area
   19.     Maximum term for permits for conducting other activities in a protected area
   20.     Maximum term for licences for wildlife
   21.     Maximum term for permits for wildlife
   22.     Maximum term for authorities for wildlife

           Division 3 - Obtaining relevant authority generally

              Subdivision 1 - Application for relevant authority

   23.     General requirements for application
   24.     Particular applications must include request for record book or approval of electronic record system

              Subdivision 2 - Considering and deciding application for relevant authority

   25.     Definitions for subdivision
   26.     Considering application
   27.     Chief executive’s power to require further information or document
   28.     Amending application
   29.     Fee payable for major amendments to particular applications
   30.     Chief executive may request public notice of application for protected area authority
   31.     Deciding application
   32.     Only suitable person can hold relevant authority
   33.     Relevant authority can not be granted if management instrument restricts the grant
   34.     Restriction on granting relevant authority for Aboriginal land protected area
   35.     Restriction on granting relevant authority for particular protected areas to which indigenous land use agreements apply
   36.     Steps to be taken after application decided
   37.     Continuing conditions of particular relevant authorities

              Subdivision 3 - Renewing particular commercial activity permits

   38.     Definition for subdivision
   39.     Permit holder may ask for permit renewal
   40.     Existing permit continues in force until renewal request is decided
   41.     When chief executive may renew permit
   42.     When activities under a new permit are substantially the same as under an existing permit
   43.     Steps to be taken if chief executive renews permit
   44.     Step to be taken if chief executive refuses to renew permit
   45.     Information notice not required for existing permit

              Subdivision 4 - Form of relevant authority

   46.     Form of authority generally
   47.     General matters to be stated on relevant authority
   48.     Additional matters to be stated on protected area authority
   49.     Additional matters to be stated on wildlife authority

              Subdivision 5 - Camping tags

   50.     Chief executive must issue camping tags

           Division 4 - Obtaining camping permit for e-permit camping area or self-registration camping area

              Subdivision 1 - Camping notices and tags

   51.     E-permit camping areas
   52.     Self-registration camping areas

              Subdivision 2 - When and extent to which permits granted

   53.     When camping permit for e-permit camping area taken to have been granted
   54.     Extent to which e-camping permit granted
   55.     When camping permit for self-registration camping area taken to have been granted
   56.     Extent to which self-registered camping permit granted

           Division 5 - Amendment, suspension or cancellation of relevant authority

   57.     Minor amendments
   58.     Amendments by application
   59.     Non-immediate amendments other than by application—grounds
   60.     Non-immediate amendments other than by application—procedure
   61.     Immediate amendment or suspension of protected area authority for safety or conservation
   62.     Immediate amendment or suspension of wildlife authority for safety or conservation
   63.     Immediate amendment or suspension for failure to pay fee or royalty or give return
   64.     Non-immediate suspension or cancellation of relevant authority—grounds
   65.     Non-immediate suspension or cancellation of relevant authority—procedure
   66.     When holder of amended relevant authority must return authority
   67.     When holder of suspended relevant authority must return authority
   68.     When holder of cancelled relevant authority must return authority

           Division 6 - Carrying out activities under relevant authority

   69.     Complying with conditions of relevant authority
   70.     Relevant authority or identification must be available for inspection
   71.     Display of relevant authority if animal displayed at particular places

           Division 7 - Transfer of relevant authorities

              Subdivision 1 - Transferable relevant authorities

   72.     Particular relevant authorities transferable

              Subdivision 2 - Apiary permits

   73.     Transfer of apiary permits

              Subdivision 3 - Joint marine park authority permits

   74.     Application to transfer
   75.     Considering application
   76.     Chief executive’s power to require further information
   77.     Decision on application
   78.     Steps after approval of transfer

           Division 8 - Other provisions about relevant authorities

   79.     Requirement to notify chief executive of particular changes and ask for amendment
   80.     Replacing relevant authority
   81.     Surrendering relevant authority
   82.     Particular existing relevant authorities taken to be in force while new application is considered

   PART 3 - COMMERCIAL ACTIVITY AGREEMENTS

           Division 1 - Preliminary

   83.     Chief executive may enter into agreement
   84.     Restrictions on entering into agreement—conservation of protected area
   85.     Restrictions on entering into agreement—suitability of party
   86.     Restrictions on entering into agreement—insurance
   87.     Content of agreement
   88.     Mandatory conditions of agreement

           Division 2 - Expression of interest process

   89.     Application of division
   90.     Invitation for expressions of interest
   91.     Requirements for expression of interest
   92.     Requirements for process
   93.     Chief executive may request further information
   94.     Amending expression of interest
   95.     Notice to unsuccessful submitters

           Division 3 - Application process

   96.     Application of division
   97.     Applying for agreement
   98.     Matters to be considered for application
   99.     Chief executive may request further information
   100.    Amending the application
   101.    Chief executive may request public notice of application for commercial activity agreement
   102.    Negotiating application for agreement
   103.    Steps to be taken after application decided

           Division 4 - Requirements applying to, and nature of, agreements

   104.    Term and review of agreements
   105.    Nature of agreement

           Division 5 - Amendment, suspension and cancellation of agreement

   106.    Immediate amendment or suspension of agreement for safety or conservation
   107.    Non-immediate amendment of agreement—grounds
   108.    Non-immediate amendment of agreement—procedure
   109.    Non-immediate cancellation of agreement or suspension of authorisation under agreement—grounds
   110.    Non-immediate cancellation of agreement or suspension of authorisation under agreement—procedure

           Division 6 - Transfer of authorisation under agreement

   111.    Application to transfer authorisation
   112.    Approval or non-approval of transfer
   113.    Giving effect to transfer

           Division 7 - Requirement to have agreement or copy available for inspection

   114.    Agreement or copy must be available for inspection

   PART 4 - INTERNAL AND EXTERNAL REVIEWS

           Division 1 - Preliminary

   115.    Internal review process before external review

           Division 2 - Internal review

   116.    Applying for an internal review
   117.    Internal review
   118.    Stay of operation of reviewable decision

           Division 3 - External reviews by QCAT

   119.    Who may apply for external review
   120.    Extending time for application

   PART 5 - PROVISIONS ABOUT DEALING WITH SEIZED THINGS

   121.    Application of part
   122.    General powers for seized things
   123.    Tampering with seized thing
   124.    Particular seized things must be destroyed
   125.    Way seized thing must be kept
   126.    Notice for other seized things with market value of more than $500
   127.    Release of seized things
   128.    Procedure if seized thing for which notice given is not claimed and has market value of more than $500
   129.    Procedure for seized thing with market value of $500 or less
   130.    Application of proceeds of sale
   131.    Compensation not payable

   PART 6 - PROVISIONS ABOUT RECORDS

   132.    Application of part
   133.    How records must be kept
   134.    Where records or copies must be kept
   135.    How long records or copies must be kept
   136.    General information that must be included in record
   137.    When record particulars to be included in record
   138.    Information must be complete, accurate and legible
   139.    Notice of theft, loss or destruction of, or damage to, record
   140.    Tampering with records

   PART 7 - PROVISIONS ABOUT RETURNS OF OPERATIONS

   141.    Application of part
   142.    Form and nature of return of operations
   143.    When return of operations must be given and the period for which they must be given
   144.    Information must be complete, accurate and legible
   145.    Way and how long return of operations must be kept
   146.    Notice of theft, loss or destruction of, or damage to, return
   147.    Tampering with return of operations

   PART 8 - FEES PAYABLE UNDER THE ACT

           Division 1 - Fees payable

   148.    Definition for division
   149.    Fees generally
   150.    Additional fee for relevant wildlife authority—no sample taken
   151.    Additional fee for relevant wildlife authority—no implant inserted
   152.    Reduced application fee for commercial activity permits, organised event permits or commercial activity agreements
   153.    Reduced permit fee for commercial activity permits if equivalent fee paid under another Act
   154.    Reduced application fee for transfer of particular joint marine park authority permits if equivalent fee paid under another Act
   155.    Reduced additional daily fee for commercial activity or organised event permits if equivalent fee paid under another Act
   156.    Reduced fee for particular landholders
   157.    Reduced fee for particular wildlife authorities for protected plants
   158.    When particular fees payable

           Division 2 - Exemptions generally

   159.    Exemption for camping permit granted to particular persons
   160.    Exemption for recreational wildlife harvesting licence for lizards granted to particular persons
   161.    Exemption for particular wildlife farming licences
   162.    Exemption for particular permits to keep wildlife
   163.    Exemption for particular collection authorities

           Division 3 - Exemptions for particular activities directed at conservation

   164.    Application for exemption of fee
   165.    Deciding fee exemption application
   166.    Grant of exemption under fee exemption application
   167.    Refusal of exemption under fee exemption application
   168.    Effect of grant of exemption

           Division 4 - Refund of fees

   169.    Refund of fees

   PART 9 - GENERAL PROVISIONS

   170.    Demerit points
   171.    Period for which particular documents must be kept
   172.    Particular approvals not transferable
   173.    Prescribed class—Act, s 130
   174.    Approved forms

   PART 10 - TRANSITIONAL PROVISIONS

   175.    Definitions for part
   176.    Relevant authorities and commercial activity agreements
   177.    Amendments and suspensions
   178.    Applications, invitations and notices
   179.    Applications for review
   180.    Entitlement to QCAT notice
   181.    Seized things
   182.    References to expired regulation

   PART 11 - AMENDMENT OF LEGISLATION

           Division 1 - Amendment of Nature Conservation (Estuarine Crocodile) Conservation Plan 2007

   183.    Plan amended
   184.    Amendment of s 5 (Interpretation generally)
   185.    Amendment of schedule (Dictionary)

           Division 2 - Amendment of Nature Conservation (Macropod Harvest Period 2017) Notice 2016

   186.    Notice amended
   187.    Replacement of s 5 (Conditions on taking or using harvest macropods)
   188.    Amendment of s 6 (Minimum area of skin)
   189.    Amendment of s 7 (Minimum weights)
   190.    Amendment of sch 3 (Dictionary)

           Division 3 - Amendment of Nature Conservation (Wildlife Management) Regulation 2006

   191.    Regulation amended
   192.    Amendment of s 9 (Purpose of pt 1)
   193.    Replacement of s 14 (Wildlife authority must be for only 1 licensed premises or mobile facility)
   194.    Amendment of s 31 (Persons from whom holders may buy or accept wildlife)
   195.    Amendment of s 61 (Wholesalers may move dead protected animals)
   196.    Amendment of s 82 (Keeping and using animals authorised)
   197.    Amendment of s 91 (Giving return of operations)
   198.    Omission of ch 3, pt 3, div 3 (Commercial wildlife licence (mobile))
   199.    Amendment of s 112 (Restriction on grant of licence to children if weapons involved)
   200.    Amendment of s 114 (Taking, keeping and using particular animals authorised)
   201.    Amendment of s 115 (Way animal may be taken)
   202.    Amendment of s 116 (Dealing with carcass of animal taken under licence)
   203.    Amendment of s 117 (Keeping record)
   204.    Amendment of s 118 (Giving return of operations)
   205.    Amendment of s 120 (Restriction about animals for which licence may be granted)
   206.    Amendment of s 122 (Taking, keeping, processing and using particular animals authorised)
   207.    Amendment of s 123 (Way animal may be taken)
   208.    Amendment of s 124 (Dealing with carcass of animal taken under licence)
   209.    Amendment of s 125 (Giving return of operations)
   210.    Amendment of s 210 (Restriction about animals for which permit may be granted)
   211.    Amendment of s 220 (Restriction on grant of permit for particular mammals)
   212.    Amendment of s 316 (Purpose of ch 6)
   213.    Amendment of s 335 (Tags not to be used by unauthorised person)
   214.    Amendment of s 336 (Tampering with tags)
   215.    Amendment of s 351 (Conservation value for protected wildlife)
   216.    Amendment of sch 1 (Processed products)
   217.    Amendment of sch 5 (Dictionary)

           Division 4 - Amendment of State Penalties Enforcement Regulation 2014

   218.    Regulation amended
   219.    Amendment of sch 1 (Infringement notice offences and fines for nominated laws)
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