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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Land Protection Legislation
(Flying-fox Control)
Amendment Bill 2012
Queensland
Land Protection Legislation (Flying-fox
Control) Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Land Protection (Pest and Stock Route
Management) Act 2002
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new ch 2, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Amendment of Nature Conservation Act 1992
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Omission of s 88C (Restrictions relating to flying-foxes and
flying-fox roosts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2012
A Bill
for
An Act to amend the Land Protection (Pest and Stock Route
Management) Act 2002 and the Nature Conservation Act 1992
to control the health risks posed by flying-foxes
Land Protection Legislation (Flying-fox Control) Amendment Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Land Protection Legislation 4
(Flying-fox Control) Amendment Act 2012. 5
Part 2 Amendment of Land Protection 6
(Pest and Stock Route 7
Management) Act 2002 8
Clause 2 Act amended 9
This part amends the Land Protection (Pest and Stock Route 10
Management) Act 2002. 11
Clause 3 Insertion of new ch 2, pt 11 12
After section 96-- 13
insert-- 14
`Part 11 Control of flying-foxes 15
`96A Definitions for pt 11 16
In this part-- 17
drive away, a flying-fox, includes-- 18
Page 4
Land Protection Legislation (Flying-fox Control) Amendment Bill 2012
Part 2 Amendment of Land Protection (Pest and Stock Route Management) Act 2002
[s 3]
(a) cause the flying-fox to move away from a flying-fox 1
roost; and 2
(b) if the flying-fox has moved away from a flying-fox 3
roost, deter the flying-fox from returning to the roost. 4
Examples of ways of driving away a flying-fox-- 5
using sound, light, smoke, electric current or chemicals 6
flying-fox means a mammal of the genus Pteropus. 7
flying-fox roost means a tree or other place where 8
flying-foxes congregate from time to time for breeding or 9
rearing their young. 10
`96B Relationship with other provisions of this Act and other 11
Acts 12
(1) This section applies despite-- 13
(a) any other provision of this Act; or 14
(b) any other Act, including, for example, a regulation or 15
conservation plan under the Nature Conservation Act 16
1992. 17
(2) To remove any doubt, it is declared that this section does not 18
create an obligation on a landowner under another provision 19
of this Act. 20
Example-- 21
This section does not make a landowner responsible to keep land free of 22
flying-foxes under section 77 of this Act. 23
`96C Control of flying-foxes 24
(1) This section applies if a landowner in a local government area 25
reasonably believes that the removal or destruction of a 26
flying-fox is necessary to reduce the risk of disease or harm to 27
a resident of the local government area or stock in the local 28
government area. 29
(2) A landowner may do any of the following on the owner's 30
land-- 31
Page 5
Land Protection Legislation (Flying-fox Control) Amendment Bill 2012
Part 2 Amendment of Land Protection (Pest and Stock Route Management) Act 2002
[s 4]
(a) destroy a flying-fox; 1
(b) disturb or drive away a flying-fox; 2
(c) destroy or disturb a flying-fox roost. 3
(3) If the landowner is a local government, the local government 4
must consider the following issues in deciding whether action 5
under subsection (2) is necessary-- 6
(a) the size of the population of flying-foxes in the local 7
government area; 8
(b) how long the flying-foxes have been situated in the local 9
government area; 10
(c) the level of risk associated with the location of the 11
flying-foxes. 12
Example for paragraph (c)-- 13
A flying-fox roost located near a school playground has a higher level of 14
risk than a flying-fox roost located outside a town area. 15
(4) The Minister may direct a local government to take action 16
under subsection (2) if-- 17
(a) the local government has decided not to take the action; 18
and 19
(b) the Minister considers the action is appropriate having 20
regard to subsection (3). 21
Note-- 22
Taking action under this section may require an approval under the 23
Environment Protection and Biodiversity Conservation Act 1999 24
(Cwlth).'. 25
Clause 4 Amendment of sch 3 (Dictionary) 26
(1) Schedule 3, definition animal-- 27
omit, insert-- 28
`animal-- 29
Page 6
Land Protection Legislation (Flying-fox Control) Amendment Bill 2012
Part 3 Amendment of Nature Conservation Act 1992
[s 5]
(a) means a member of the animal kingdom other than a 1
human or a protected animal under the Nature 2
Conservation Act 1992; and 3
(b) includes the whole or any part of the progeny, larvae, 4
pupae, eggs or genetic or reproductive material of the 5
animal; and 6
(c) despite paragraph (a), includes a flying-fox.'. 7
(2) Schedule 3-- 8
insert-- 9
`flying-fox see section 96A.' 10
Part 3 Amendment of Nature 11
Conservation Act 1992 12
Clause 5 Act amended 13
This part amends the Nature Conservation Act 1992. 14
Clause 6 Omission of s 88C (Restrictions relating to flying-foxes 15
and flying-fox roosts) 16
Section 88C-- 17
omit. 18
Page 7
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