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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Nature Conservation and
Other Legislation Amendment
Bill 2012
Queensland
Nature Conservation and Other
Legislation Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Repeal of Brisbane Forest Park Act 1977
3 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 3 Amendment of Forestry Act 1959
4 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Amendment of s 26 (Restriction on alienation etc.) . . . . . . . . . . . 5
6 Amendment of s 35 (Granting of permit for land within State
forest) ....................................... 5
Part 4 Amendment of Nature Conservation Act 1992
7 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Amendment of s 35 (Chief executive's powers about permitted
uses in national parks or national parks (recovery)). . . . . . . . . . . 6
9 Insertion of new s 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
35A Chief executive's powers about permitted uses for
existing service facilities in national parks or national
parks (recovery) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Amendment of s 36 (Authorities for new national park or
national park (recovery)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Amendment of s 42AE (Particular powers about permitted
uses in national park (Cape York Peninsula Aboriginal land)) . . . 8
12 Insertion of new s 42AEA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
42AEA Particular powers about permitted uses for existing
service facilities in national park (Cape York
Peninsula Aboriginal land) . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 42AO (Particular powers about permitted uses
on land in particular indigenous joint management areas). . . . . . 10
14 Insertion of new s 42AOA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Nature Conservation and Other Legislation Amendment Bill 2012
Contents
42AOA Particular powers about permitted uses for existing
service facilities on land in particular indigenous
joint management areas. . . . . . . . . . . . . . . . . . . . . . . 11
15 Amendment of s 42AP (Authorities for new national park or
national park (recovery) that is an indigenous joint management
area) ..................................... 12
16 Amendment of s 141 (Delegation by chief executive) . . . . . . . . . 13
17 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 13
Page 2
2012
A Bill
for
An Act to repeal the Brisbane Forest Park Act 1977 and to
amend the Forestry Act 1959 and the Nature Conservation Act
1992 for particular purposes.
Nature Conservation and Other Legislation 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 Nature Conservation and Other 4
Legislation Amendment Bill 2012. 5
Clause 2 Commencement 6
The following provisions commence on a day to be fixed by 7
proclamation-- 8
(a) sections 8, 11 and 13; 9
(b) section 17, to the extent it inserts definition ecotourism 10
facility. 11
Part 2 Repeal of Brisbane Forest Park 12
Act 1977 13
Clause 3 Repeal 14
The Brisbane Forest Park Act 1977, No. 56 is repealed. 15
Page 4
Nature Conservation and Other Legislation Amendment Bill 2012
Part 3 Amendment of Forestry Act 1959
[s 4]
Part 3 Amendment of Forestry Act 1
1959 2
Clause 4 Act amended 3
This part amends the Forestry Act 1959. 4
Clause 5 Amendment of s 26 (Restriction on alienation etc.) 5
Section 26(1A)-- 6
insert-- 7
`Note-- 8
See the Petroleum and Gas (Production and Safety) Act 2004, section 9
437A(1) for the creation of an easement for the holder of a pipeline 10
licence under that Act over land that is a State forest.'. 11
Clause 6 Amendment of s 35 (Granting of permit for land within 12
State forest) 13
(1) Section 35(1)(a)-- 14
omit, insert-- 15
`(a) permits to occupy for a term fixed by the chief executive 16
(occupation permits); or'. 17
(2) Section 35(2), `an occupation permit or'-- 18
omit, insert-- 19
`a'. 20
Page 5
Nature Conservation and Other Legislation Amendment Bill 2012
Part 4 Amendment of Nature Conservation Act 1992
[s 7]
Part 4 Amendment of Nature 1
Conservation Act 1992 2
Clause 7 Act amended 3
This part amends the Nature Conservation Act 1992. 4
Clause 8 Amendment of s 35 (Chief executive's powers about 5
permitted uses in national parks or national parks 6
(recovery)) 7
Section 35(1)-- 8
omit, insert-- 9
`(1) The chief executive may grant, make, issue or give a lease, 10
agreement, licence, permit or other authority over, or in 11
relation to, land in a national park or national park (recovery) 12
if-- 13
(a) the use under the authority is only for a service facility 14
or an ecotourism facility; and 15
(b) if the use under the authority is for a service facility, the 16
chief executive is satisfied-- 17
(i) if the land is in a national park, the cardinal 18
principle for the management of national parks will 19
be observed to the greatest possible extent; and 20
(ii) if the land is in a national park (recovery), the 21
management principle under section 19A(a) will 22
be observed to the greatest possible extent; and 23
(iii) the use will be in the public interest; and 24
(iv) the use is ecologically sustainable; and 25
(v) there is no reasonably practicable alternative to the 26
use; and 27
(c) if the use under the authority is for an ecotourism 28
facility, the chief executive is satisfied-- 29
(i) the use will be in the public interest; and 30
Page 6
Nature Conservation and Other Legislation Amendment Bill 2012
Part 4 Amendment of Nature Conservation Act 1992
[s 9]
(ii) the use is ecologically sustainable; and 1
(iii) the use will provide, to the greatest possible extent, 2
for the preservation of the land's natural condition 3
and the protection of the land's cultural resources 4
and values; and 5
(d) the use under the authority is prescribed under a 6
regulation made for this section to be a permitted use for 7
the area.'. 8
Clause 9 Insertion of new s 35A 9
After section 35-- 10
insert-- 11
`35A Chief executive's powers about permitted uses for 12
existing service facilities in national parks or national 13
parks (recovery) 14
`(1) The chief executive may grant, make, issue or give a lease, 15
agreement, licence, permit or other authority over, or in 16
relation to, land in a national park or national park (recovery) 17
if-- 18
(a) the use under the authority is only for an existing service 19
facility; and 20
(b) the chief executive is satisfied-- 21
(i) the use is ecologically sustainable; and 22
(ii) the use does not include carrying out substantial 23
improvements to the existing service facility. 24
Examples of a substantial improvement to an existing service 25
facility-- 26
· an upgrade of a road that provides access to a 27
communications tower 28
· the replacement of a pipeline with a larger pipeline 29
`(2) Subsection (1) applies despite sections 15 and 34(2), and does 30
not limit section 35. 31
`(3) This section does not apply to-- 32
Page 7
Nature Conservation and Other Legislation Amendment Bill 2012
Part 4 Amendment of Nature Conservation Act 1992
[s 10]
(a) a national park, or a part of a national park, that is an 1
indigenous joint management area; or 2
(b) a national park (recovery), or a part of a national park 3
(recovery), that is an indigenous joint management area. 4
`(4) In this section-- 5
existing service facility, for land in a national park or national 6
park (recovery), means a service facility in existence on the 7
land immediately before the land was dedicated as a national 8
park or national park (recovery).'. 9
Clause 10 Amendment of s 36 (Authorities for new national park or 10
national park (recovery)) 11
Section 36(5)(b), `section 35'-- 12
omit, insert-- 13
`sections 35 and 35A'. 14
Clause 11 Amendment of s 42AE (Particular powers about 15
permitted uses in national park (Cape York Peninsula 16
Aboriginal land)) 17
Section 42AE(1)-- 18
omit, insert-- 19
`(1) The chief executive and the indigenous landholder for land in 20
a national park (Cape York Peninsula Aboriginal land), may 21
grant, make, issue or give a lease, agreement, licence, permit 22
or other authority over, or in relation to, the land if-- 23
(a) the use under the authority is only for a service facility 24
or an ecotourism facility; and 25
(b) if the use under the authority is for a service facility, the 26
chief executive and the indigenous landholder are 27
satisfied-- 28
(i) the cardinal principle for the management of 29
national parks will be observed to the greatest 30
possible extent; and 31
Page 8
Nature Conservation and Other Legislation Amendment Bill 2012
Part 4 Amendment of Nature Conservation Act 1992
[s 12]
(ii) the use will be in the public interest; and 1
(iii) the use is ecologically sustainable; and 2
(iv) there is no reasonably practicable alternative to the 3
use; and 4
(c) if the use under the authority is for an ecotourism 5
facility, the chief executive and the indigenous 6
landholder are satisfied-- 7
(i) the use will be in the public interest; and 8
(ii) the use is ecologically sustainable; and 9
(iii) the use will provide, to the greatest possible extent, 10
for the preservation of the land's natural condition 11
and the protection of the land's cultural resources 12
and values; and 13
(d) the use under the authority is prescribed under a 14
regulation made for this section to be a permitted use for 15
the protected area.'. 16
Clause 12 Insertion of new s 42AEA 17
After section 42AE-- 18
insert-- 19
`42AEA Particular powers about permitted uses for existing 20
service facilities in national park (Cape York 21
Peninsula Aboriginal land) 22
`(1) The chief executive and the indigenous landholder for land in 23
a national park (Cape York Peninsula Aboriginal land), may 24
grant, make, issue or give a lease, agreement, licence, permit 25
or other authority over, or in relation to, the land if-- 26
(a) the use under the authority is only for an existing service 27
facility; and 28
(b) the chief executive and the indigenous landholder are 29
satisfied-- 30
(i) the use is ecologically sustainable; and 31
Page 9
Nature Conservation and Other Legislation Amendment Bill 2012
Part 4 Amendment of Nature Conservation Act 1992
[s 13]
(ii) the use does not include carrying out substantial 1
improvements to the existing service facility. 2
Examples of a substantial improvement to an existing service 3
facility-- 4
· an upgrade of a road that provides access to a 5
communications tower 6
· the replacement of a pipeline with a larger pipeline 7
`(2) Subsection (1) applies despite sections 15 and 42AD(2), and 8
does not limit section 42AE. 9
`(3) In this section-- 10
existing service facility, for land in a national park (Cape York 11
Peninsula Aboriginal land), means a service facility in 12
existence on the land immediately before the land was 13
dedicated as a national park (Cape York Peninsula Aboriginal 14
land).'. 15
Clause 13 Amendment of s 42AO (Particular powers about 16
permitted uses on land in particular indigenous joint 17
management areas) 18
Section 42AO(1)-- 19
omit, insert-- 20
`(1) The chief executive and the indigenous landholder for land in 21
a national park or national park (recovery), or part of a 22
national park or national park (recovery), that is an indigenous 23
joint management area, may grant, make, issue or give a lease, 24
agreement, licence, permit or other authority over, or in 25
relation to, the land if-- 26
(a) the use under the authority is only for a service facility 27
or an ecotourism facility; and 28
(b) if the use under the authority is for a service facility, the 29
chief executive and the indigenous landholder are 30
satisfied-- 31
Page 10
Nature Conservation and Other Legislation Amendment Bill 2012
Part 4 Amendment of Nature Conservation Act 1992
[s 14]
(i) if the land is in a national park--the cardinal 1
principle for the management of national parks will 2
be observed to the greatest possible extent; and 3
(ii) if the land is in a national park (recovery)--the 4
management principle under section 19A(1)(a) 5
will be observed to the greatest possible extent; 6
and 7
(iii) the use will be in the public interest; and 8
(iv) the use is ecologically sustainable; and 9
(v) there is no reasonably practicable alternative to the 10
use; and 11
(c) if the use under the authority is for an ecotourism 12
facility, the chief executive and the indigenous 13
landholder are satisfied-- 14
(i) the use will be in the public interest; and 15
(ii) the use is ecologically sustainable; and 16
(iii) the use will provide, to the greatest possible extent, 17
for the preservation of the land's natural condition 18
and the protection of the land's cultural resources 19
and values; and 20
(d) the use under the authority is prescribed under a 21
regulation made for this section to be a permitted use for 22
the indigenous joint management area.'. 23
Clause 14 Insertion of new s 42AOA 24
After section 42AO-- 25
insert-- 26
`42AOA Particular powers about permitted uses for existing 27
service facilities on land in particular indigenous 28
joint management areas 29
`(1) The chief executive and the indigenous landholder for land in 30
a national park or national park (recovery), or part of a 31
national park or national park (recovery), that is an indigenous 32
Page 11
Nature Conservation and Other Legislation Amendment Bill 2012
Part 4 Amendment of Nature Conservation Act 1992
[s 15]
joint management area, may grant, make, issue or give a lease, 1
agreement, licence, permit or other authority over, or in 2
relation to, the land if-- 3
(a) the use under the authority is only for an existing service 4
facility; and 5
(b) the chief executive and the indigenous landholder are 6
satisfied-- 7
(i) the use is ecologically sustainable; and 8
(ii) the use does not include carrying out substantial 9
improvements to the existing service facility. 10
Examples of a substantial improvement to an existing service 11
facility-- 12
· an upgrade of a road that provides access to a 13
communications tower 14
· the replacement of a pipeline with a larger pipeline 15
`(2) Subsection (1) applies despite sections 15 and 42AN(2), and 16
does not limit section 42AO. 17
`(3) In this section-- 18
existing service facility, for land in a national park or national 19
park (recovery), or part of a national park or national park 20
(recovery), that is an indigenous joint management area, 21
means a service facility in existence on the land immediately 22
before the land was declared as an indigenous joint 23
management area.'. 24
Clause 15 Amendment of s 42AP (Authorities for new national park 25
or national park (recovery) that is an indigenous joint 26
management area) 27
Section 42AP(5)-- 28
omit, insert-- 29
`(5) This section applies despite sections 15 and 42AN(2), and 30
does not limit sections 42AO and 42AOA.'. 31
Page 12
Nature Conservation and Other Legislation Amendment Bill 2012
Part 4 Amendment of Nature Conservation Act 1992
[s 16]
Clause 16 Amendment of s 141 (Delegation by chief executive) 1
(1) Section 141(2), from `under'-- 2
omit, insert-- 3
`under a prescribed provision.'. 4
(2) Section 141-- 5
insert-- 6
`(3) In this section-- 7
prescribed provision means section 34, 35, 35A, 36, 37, 38, 8
42AD, 42AE, 42AEA, 42AO, 42AOA, 42AP or 136.'. 9
Clause 17 Amendment of schedule (Dictionary) 10
Schedule-- 11
insert-- 12
`ecotourism facility, for land, means a facility that-- 13
(a) is designed and managed to facilitate the presentation, 14
appreciation and conservation of the land's natural 15
condition and cultural resources and values (the primary 16
purpose); and 17
(b) is managed in a way that does not allow an activity to be 18
carried out on the land that-- 19
(i) is inconsistent with the primary purpose; and 20
(ii) would require a significant change to the land's 21
natural condition or would adversely affect the 22
conservation of the land's cultural resources and 23
values. 24
Example of an activity for subparagraph (ii)-- 25
the construction of a golf course, amusement park or casino on 26
the land 27
national park (recovery) means an area dedicated under this 28
Act as a national park (recovery).'. 29
Page 13
© State of Queensland 2012
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