RECREATION AREAS MANAGEMENT ACT 2006

Queensland Consolidated Acts

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RECREATION AREAS MANAGEMENT ACT 2006

- As at 26 April 2024
- Act 20 of 2006

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Short title
2. Commencement
3. Definitions
4. Purpose of Act
5. Act binds all persons

PART 2 - RECREATION AREAS

Division 1 - Establishing recreation areas

6. Agreement for inclusion of land in recreation area
7. Declaration of recreation area

Division 2 - Changing, renaming or revoking recreation areas

8. Amalgamating or dividing recreation areas
8A. Renaming recreation area
9. Revoking recreation areas

Division 3 - Recreation area agreements

10. Recording particulars of agreements
11. Agreements attach to land
12. Amending or cancelling agreements
13. Recording amendment or cancellation of agreement

Division 4 - Effect of declaration on land-holders and native title rights

14. Rights and obligations of area land-holders not affected
15. Rights and obligations of interest holders not affected
16. Native title rights and interests not affected
17. Effect of declaration of recreation area on mining interests

PART 3 - MANAGEMENT PLANS

Division 1 - Preparing and approving management plans

18. Preparing draft management plan
19. Notice of draft management plan
20. Content of draft management plan
21. Minister to prepare final management plan
22. Approval of final management plan
22A. Management plan may form part of another document
23. When approved management plan has effect
24. Effect of management plan if there is an amalgamation or division

Division 2 - Amending and reviewing management plans

25. Preparing draft amendment
26. Notice of draft amendment
27. Exceptions from ss 25 and 26
28. Preparing final amendment
29. Approval of amendment
30. When approved amendment has effect
31. Review of management plans

Division 3 - Other matters about management plans

32. Public access to approved management plans
33. Chief executive may enter into cooperative arrangement for approved management plan

PART 4 - ACCESS TO, AND PERMITS FOR, RECREATION AREAS

Division 1 - Preliminary

34. Types of permits
35. Terms of permits
35A. Restriction on issuing permits—indigenous joint management areas

Division 2 - Camping permits

36. How to obtain a camping permit
37. When a camping permit granted
38. Extent to which camping permit granted
39. Conditions of camping permit
40. Camping permit taken to be authorisation under other Acts

Division 3 - Vehicle access permits

41. How to obtain a vehicle access permit
42. When a vehicle access permit granted
43. Extent to which vehicle access permit granted
44. Vehicle access permit taken to be authorisation under Forestry Act 1959

Division 4 - Organised event permits

45. How to obtain an organised event permit
46. Requirements for grant of application for organised event permit
47. When an organised event permit granted
48. Organised event permit taken to be authorisation under other Acts

Division 5 - Commercial activity permits

49. How to obtain a commercial activity permit
50. Requirements for holding commercial activity permit
51. Chief executive may request public notice of application for commercial activity permit
52. Deciding application for commercial activity permit
53. Additional matters to be considered under s 52
54. Existing commercial activity permit taken to be in force while new application is considered
55. Commercial activity permit taken to be authorisation under other Acts
55A. Form of commercial activity permit
55B. Application to renew permit
55C. Amending conditions of permit
55D. Deciding application to renew permit
55E. Information notice not required

Division 5A - Transfer of particular commercial activity permits

55F. Application of div 5A
55G. Joint permission permit transferable
55H. Application to transfer joint permit
55I. Deciding transfer application
55J. Chief executive’s power to require further information
55K. Approval or non-approval of transfer
55L. Steps after approval of transfer

Division 6 - General provisions about permits

56. Chief executive’s power to require further information about permit application
57. Amending permit application
58. Deciding permit application (other than commercial activity permit)
59. Steps to be taken after permit application decided (other than commercial activity permit)
60. Permits
61. Minor amendments
62. Amendments by application
63. Other amendments (other than immediately)
64. Immediate amendment or suspension of permits for safety or conservation
65. Cancelling a permit or suspending a permit (other than immediately)
66. Surrendering permits
67. Replacing permits
68. Permits generally not transferable

PART 5 - COMMERCIAL ACTIVITY AGREEMENTS FOR RECREATION AREAS

Division 1 - Preliminary

69. Chief executive may enter into commercial activity agreement
70. Restrictions on entering into commercial activity agreement
71. Content of commercial activity agreements
72. Mandatory conditions of commercial activity agreements

Division 2 - Expression of interest process

73. Application of div 2
74. Invitation for submissions
75. Requirements for submissions
76. Requirements for process of deciding
77. Chief executive may request further information
78. Amending the submission
79. Notice to unsuccessful submitters

Division 3 - Application process

80. Application of div 3
81. Applying for commercial activity agreement
82. Matters to be considered for application
83. Chief executive may request further information
84. Amending the application
85. Application of s 51 to commercial activity agreements
86. Negotiating application for commercial activity agreement
87. Steps to be taken after application decided

Division 4 - Requirements applying to and nature of agreements

88. Term and review of commercial activity agreements
89. Nature of commercial activity agreements

Division 5 - Amendment, termination and suspension of agreement by chief executive

90. Immediate amendment or suspension of commercial activity agreements for safety or conservation
91. Amending commercial activity agreements (other than immediately)
92. Cancelling commercial activity agreements or suspending authorisations under agreements (other than immediately)
93. Process for cancelling or suspending under s 92

Division 6 - Transfer of authorisations under commercial activity agreements

94. Application to transfer authorisation under commercial activity agreement
95. Approval or non approval of transfer
96. Giving effect to transfer

Division 7 - General provisions about commercial activity agreements

97. Declaration of prescribed commercial activity
98. Commercial activity agreement taken to be authorisation under other Acts

PART 6 - REGULATORY AND OTHER NOTICES AND RESTRICTED ACCESS AREAS

Division 1 - Regulatory and other notices

99. Regulatory notices
100. Regulatory information notices

Division 2 - Restricted access areas

101. Immediate declaration of restricted access area
102. Declaration of restricted access area (other than immediately)
103. Consultation with stakeholders about declarations (other than immediately)
104. When declarations end

Division 3 - Effect of notices

105. Restricted access area notices and regulatory notices prevail over permits, agreements, or authorities

PART 7 - OFFENCES

Division 1 - Access to, using and conduct in recreation areas

106. Unlawfully entering restricted access area
107. Failing to comply with particular regulatory notices
108. Unlawful camping
109. Unlawful use of motor vehicles
110. Unlawful conduct of organised event
111. Unlawfully conducting commercial activity
112. Compliance with recreation management conditions
113. Unauthorised interference with cultural or natural resources
114. Unauthorised structures and works

Division 2 - Fires

115. Unlawful lighting of fires
116. Unattended fires
117. Unauthorised things relating to fires

Division 3 - Animals and plants

118. Unauthorised feeding of animals
119. Unauthorised disturbance of animals
120. Food to be kept from animals
121. Restriction on animals in recreation area
122. Taking into and keeping of dogs in recreation areas
123. Unlawfully bringing plants into recreation areas

Division 4 - Pollution and waste

124. Polluting and misusing water
125. Unlawful disposal of offensive or harmful substances
126. Dumping or abandoning vehicles or vessels
127. Dumping or abandoning waste material

Division 5 - Other conduct

128. Unauthorised use of generators, compressors or motors
129. Disturbance by radio, tape recorder or sound system
130. Unlawful possession or use of weapons, explosives or traps
131. Unauthorised use of recreational craft
132. Unauthorised landing of aircraft
133. General misconduct
134. False or misleading information given by applicant
135. False or misleading documents given by applicant
136. Fraudulent claims for replacement permit
137. Permit or corresponding authority must be available for inspection
138. Written approval must be available for inspection
139. Commercial activity agreement must be available for inspection
140. Failing to comply with conditions of permit or authority
141. Requirement to notify chief executive of particular changes

Division 6 - Demerit points for offences

142. Demerit points

PART 8 - INVESTIGATION AND ENFORCEMENT

Division 1 - Authorised officers

143. Appointment and qualifications
143A. Functions of authorised officers
144. Appointment conditions and limit on powers
145. Issue of identity card
146. Production or display of identity card
147. When authorised officer ceases to hold office
148. Resignation
149. Return of identity card

Division 2 - Powers of authorised officers

Subdivision 1 - Entry to places

150. Power to enter places

Subdivision 2 - Procedure for entry

151. Entry with consent
152. Application for warrant
153. Issue of warrant
154. Application by electronic communication and duplicate warrant
155. Defect in relation to a warrant
156. Warrants procedure before entry

Subdivision 3 - Powers after entry

157. General powers after entering places
158. Power to require reasonable help or information

Subdivision 4 - Other powers

159. Power to give direction to leave camping site for protection, safety or minimising disturbance
160. Power to give direction to leave camping site for person camping at same site for long periods
161. Power to give direction about fires
162. Power to give direction about dogs
163. Power to stop persons
164. Power to require name and address
165. Failure to give name or address
166. Power to require information about contravention
167. Power to give direction to leave recreation area
168. Power to stop and search vehicle, vessel, aircraft or recreational craft
169. Power to require driver or person in control of vehicle, vessel, aircraft or recreational craft to give reasonable help
170. Power to give direction about vehicle, vessel, aircraft or recreational craft

Subdivision 5 - Power to seize evidence

171. Seizing evidence at a place entered under s 150
172. Seizing evidence on or in vehicle, vessel, aircraft or recreational craft entered or boarded under s 168
173. Powers in support of seizure
174. Securing seized things
175. Tampering with seized things
176. Receipt for seized things
177. Authorised officer may dispose of natural resources unlawfully taken
178. Forfeiture of seized things
179. Dealing with forfeited things
180. Return of seized things
181. Access to seized things

Division 3 - Dealing with abandoned property and unauthorised structures and works

182. Abandoned property
183. Removal of unauthorised structures and works
184. Application of ss 174 to 176 to seized property, structures or works
185. Notice of seizure for property, structures, works or things with market value of more than $500
186. Release of seized property, structures, works or things
187. Procedure if seized property, structures, works or things are not claimed or are of little value
188. Application of proceeds of sale

Division 4 - General enforcement matters

189. Authorised officer’s obligation not to cause unnecessary damage
190. Notice of damage
191. Compensation
192. False or misleading information given to authorised officer
193. False or misleading documents given to authorised officer
194. Obstructing authorised officer
195. Impersonating authorised officer
195A. Impersonating ranger

PART 9 - LEGAL PROCEEDINGS

Division 1 - Evidence

196. Application of div 1
197. Appointments and authority
198. Signatures
199. Evidentiary matters

Division 2 - Offence proceedings

200. Summary proceedings for offences
201. Allegations of false or misleading information or documents
202. Responsibility for acts or omissions of representatives
203. Executive officers responsible for ensuring corporation complies with Act
204. Holder of authority responsible for ensuring Act complied with
205. Responsibility for offences committed with use of vehicle, vessel, aircraft or recreational craft

Division 3 - Internal reviews

206. Internal review process before external review
207. Applying for an internal review
208. Internal review decision
209. Stay of operation of reviewable decision

Division 4 - External reviews by QCAT

210. Who may apply for external review
211. Extending time for application
212. (Repealed)
213. (Repealed)
214. (Repealed)
215. (Repealed)

PART 10 - MISCELLANEOUS

Division 1 - Camping notices and tags

216. E-permit camping areas
217. Camping tag must be available
218. Self-registration camping areas

Division 2 - Records and information

219. Records and other information to be kept
220. Interfering with record
221. Notice of damage to, or loss or destruction of, record
222. Requirement to produce or surrender record
223. Confidentiality of information

Division 3 - Other miscellaneous provisions

224. Advisory committees
225. Delegation by Minister
226. Chief executive’s power to carry out works
227. Liability of State
228. Protecting officials from liability
229. Immunity from prosecution
230. Recreation areas management fund
231. Approved forms
232. Regulation-making power

PART 11 - TRANSITIONAL PROVISIONS

Division 1 - Transitional provisions for Act No. 20 of 2006

233. Dissolution of Queensland Recreation Areas Management Authority
234. Dissolution of Queensland Recreation Areas Management Board
235. Existing recreation areas continue
236. Existing consents and agreements about the inclusion of land in recreation areas continue
237. Existing management plans continue
238. Management plans being prepared
239. Existing permits, approvals and agreements continue
240. Existing applications for permits, approvals and agreements continue
241. Existing directions, requirements, notices and decisions continue
242. Existing authorised officers continue
243. Existing legal proceedings continue
244. Existing advisory committee continues
245. References to Recreation Areas Management Act 1988
246. References to Queensland Recreation Areas Management Authority
247. References to Queensland Recreation Areas Management Board
248. References to Queensland Recreation Areas Management Board Fund
249. Application of particular sections

Division 2 - Transitional provisions for Recreation Areas Management and Another Act Amendment Act 2014

249A. Group activity permits granted before the commencement
249B. Applications for group activity permits made before commencement
249C. References to group activity or group activity permit
250. (Expired)

PART 12 - REPEAL AND CONSEQUENTIAL AMENDMENTS

251. Act repealed
252. (Repealed)
253. (Repealed)
SCHEDULE - Dictionary

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