Queensland Consolidated Acts

RECREATION AREAS MANAGEMENT ACT 2006 - SCHEDULE

SCHEDULE Dictionary

"additional conditions notice" , for an e-permit camping area, means a notice erected or displayed near an e-permit camping notice stating conditions, applying to a person camping in the area, additional to the conditions stated in the e-permit camping notice.

"aircraft" includes a helicopter.

"appellable decision" ...

"approved management plan" means a final management plan approved under section 22 .

"area land-holder" means any of the following for land in a recreation area—

(a) for freehold land—the registered owner of the land;

(b) for land subject to a lease or licence under the Land Act 1994 —the holder of the lease or licence;

(c) for a reserve under the Land Act 1994 placed under the control of a trustee—the trustee;

(d) for land subject to a mining interest—the holder of the interest;

(e) for land subject to an exclusive possession determination—the holder of the native title rights and interests under the determination;

(f) for land (
"licence area" ) subject to a plantation licence under the Forestry Act 1959 —

(i) the chief executive of the department in which that Act is administered; and

(ii) the plantation licensee for the licence area;

(g) for State land—the chief executive of the department administering the land.

(a) the commercial activity authorised to be conducted under the agreement; and

(b) the obligations under the agreement for, and the conditions relating to, the conduct of the activity.

(a) to pitch, place or erect a tent, caravan or another structure that may be used for camping for the purpose of staying overnight by using the tent, caravan or structure;

(b) to place other equipment that may be used for camping, or a vehicle or vessel, in position for the purpose of staying overnight by using the equipment, vehicle or vessel;

(c) to keep a tent, caravan, another structure or other equipment that may be used for camping in position overnight, whether or not the tent, caravan, structure or equipment is unattended;

(d) to stay overnight, other than as part of an activity that—

(i) does not involve the use of any camping equipment; and

(ii) is generally not considered to be camping.

(a) section 37 (2) or (3) for an e-permit camping area; and

(b) section 37 (4) for a self-registration camping area.

1 A
"commercial activity" is an activity conducted for gain.

Examples of activities conducted for gain—

• the hire or sale of goods or services

• commercial photography

• a guided tour, safari, scenic flight, cruise or excursion

• advertising or promoting the use of a recreation area as part of a tour, safari, scenic flight, cruise or excursion

• advertising or promoting the use of a recreation area as a feature associated with a resort or tourist facility on land adjoining the area

2 A
"commercial activity" does not include—

(a) an exempt activity; or

(b) an exempt media activity; or

(c) filming or photography that—

(i) involves no more than 10 people; and

(ii) does not involve the erection, construction or use of a prescribed structure.

Examples of exempt activities—

• a scheduled bus service through a recreation area that is not a part of a tour or safari in the area

• conducting an activity in a recreation area if the activity involves a trade and is conducted for the chief executive or an area land-holder

• providing a mechanical or vehicle towing service for a visitor in a recreation area

• commercial fishing under the Fisheries Act 1994 , other than a commercial fishing tour

(a) the filming or photographing of, or in relation to, an event; and

(b) conducted when, or as soon as practicable after, the event happens; and

(c) conducted for publishing a report of the event—

(i) on television or in a newspaper, magazine or similar publication; and

(ii) to inform the public about the event; and

(d) of a type the chief executive has declared as exempt media activity by publishing the declaration on the department’s website.

(a) the decision;

(b) the reasons for the decision;

(c) how the person receiving the notice may apply for a review of the decision;

(d) that the person receiving the notice may apply, as provided under the QCAT Act , to QCAT for a stay of the decision.

(a) a commercial activity permit;

(b) a permission granted under the Marine Parks Act 2004 ;

(c) a permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .

(a) land that is, or is at any time, covered by water; and

(b) Queensland waters.

(a) the goals intended to be achieved by managing the area;

(b) the policies to be implemented to achieve the goals.

(a) the Marine Parks Act 2004 ;

(b) the Great Barrier Reef Marine Park Act 1975 (Cwlth) .

(a) a mining claim, mineral development licence or mining lease under the Mineral Resources Act 1989 ; or

(b) a petroleum lease under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or

(c) a potential commercial area declared under the Petroleum and Gas (Production and Safety) Act 2004.

1
"Motor vehicle" includes a bus, car, motorbike, quad, tractor, trike or truck.

2
"Motor vehicle" does not include an aircraft, a bicycle, a hovercraft or a motorised mobility device within the meaning of the Transport Operations (Road Use Management) Act 1995 , schedule 4 .

(a) a registered native title body corporate under the Native Title Act 1993 (Cwlth) , section 253 for the area; or

(b) an entity, other than a registered native title body corporate, that is the subject of a determination of native title under the Native Title Act 1993 (Cwlth) , and is registered on the National Native Title Register as holding native title rights and interests for the area; or

(c) a registered native title claimant under the Native Title Act 1993 (Cwlth) , section 253 for the area; or

(d) if there is no registered native title claim for the area and an entity has filed a native title determination application in the Federal Court for the area—the entity.

1 An
"organised event" is a non-commercial activity involving the organised use of a part of a recreation area that is likely to have a detrimental impact on the part, or affect the use of the area by other persons, having regard to the following—

(a) the location of the part;

(b) the number of people, vehicles or animals involved in the activity or likely to be in the part when the activity is conducted;

(c) the type of activity;

(d) the timing of the activity;

(e) any likely disturbance to the part as a result of conducting the activity;

(f) the extent to which the conducting of the activity may restrict access to the part by the general public.

Examples of an activity that may be an organised event—

concert, competitive sporting event, training exercises conducted by the Australian Defence Force, vehicle rally

2 An
"organised event" does not include an activity—

(a) conducted in a recreation area by a relevant Aboriginal or Torres Strait Islander entity for the area, under Aboriginal tradition or Island custom; or

(b) authorised under a recreation area agreement.

(a) has a fully enclosed hull designed not to take on water if capsized; and

(b) is designed to be operated by a person standing, crouching or kneeling on it or sitting astride it.

(a) includes a tower, platform, generator, vehicle, shelter and building; but

(b) does not include—

(i) a camera or camera accessories; or

(ii) a tripod; or

(iii) a portable hide large enough to shelter only one person; or

(iv) a power source consisting of only dry cells or a single wet cell battery; or

(v) a vehicle used only for transport or camping under a permit or commercial activity agreement under this Act, the Forestry Act 1959 or the Nature Conservation Act 1992 .

(a) a newspaper circulating generally in the area in which the recreation area the subject of the notice is located; and

(b) a newspaper circulating throughout the State.

(a) a native title party for the area; or

(b) an Aboriginal party for the area under the Aboriginal Cultural Heritage Act 2003 ; or

(c) a Torres Strait Islander party for the area under the Torres Strait Islander Cultural Heritage Act 2003 ; or

(d) a person entitled, under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61 , to take marine products or fauna in the area.

(a) the name of the person to whom the permit or authority has been issued or the name of the other party to the agreement;

(b) the date on which the permit, agreement or authority was issued or entered into;

(c) the recreation area, or the part of a recreation area, to which the permit, agreement or authority applies;

(d) the activity authorised under the permit, agreement or authority.

(a) freehold land (other than freehold land for which the State is the registered proprietor); or

(b) land contracted to be granted in fee simple by the State; or

(c) a reserve under the Land Act 1994 under the control of a trustee who does not represent the State; or

(d) subject to a lease or licence under the Land Act 1994 ; or

(e) subject to a mining interest; or

(f) subject to an exclusive possession determination; or

(g) subject to a plantation licence under the Forestry Act 1959 .

(a) an assistance dog;

(b) a guide dog;

(c) a hearing dog;

(d) a trainee support dog.

(a) a person who is physically able to control the dog is holding the dog by a leash; or

(b) the dog is securely tethered to a fixed object and is under the supervision of a person who is physically able to control the dog; or

(c) the dog is being transported in an enclosed vehicle, carry cage or other suitable closed container; or

(d) the dog is being transported on the tray of a vehicle and is securely tethered so as to be confined to the vehicle tray.