Queensland Consolidated Regulations

WET TROPICS MANAGEMENT PLAN 1998

- Made under the Wet Tropics World Heritage Protection and Management Act 1993
- As at 13 October 2023
- Reg 161 of 1998

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions and dictionary
   3A.     Meaning of rainforest area
   4.      Publication and inspection of zoning map and other documents
   5.      Forms

   PART 2 - MANAGEMENT ZONES

           Division 1 - Establishment of zones

   6.      Management zones
   7.      Zoning map

           Division 2 - Management purposes of zones

   10.     Management purposes of zone A
   11.     Management purposes of zone B
   12.     Management purposes of zone C

           Division 3 - Procedures for rezoning land and amending zoning map

              Subdivision 1 - General rezoning and amendment procedures

   13.     Application of subdivision
   14.     Procedure for amending zoning map generally
   15.     Procedure for amending zoning map for particular purposes
   16.     Criteria for minor change to zone boundary

              Subdivision 2 - Special rezoning procedures

   17.     Rezoning of land to accommodate essential community services infrastructure

           Division 4 - Other matters

   18.     Register of amendments of zoning map

           Division 5 - (Repealed)

   PART 3 - CONTROL OF ACTIVITIES

           Division 1 - Explanation

   22.     Controls under the Act and this plan
   23.     Relationship with native title rights
   24.     Provisions do not affect other laws or confer entitlement to permit

           Division 2 - Prohibited activities

   25.     Destroying forest products
   26.     Other prohibited activities

           Division 3 - Allowed activities

   27.     Particular activities allowed in all zones
   27A.    Keeping a dog or cat
   27B.    Keeping honey bees
   27C.    Operating a motor vehicle on particular roads
   28.     Activities with minor and inconsequential impact
   29.     Particular allowed activities by persons with an interest in land
   30.     Certain activities by nature conservation chief executive
   31.     Certain activities by authority

           Division 4 - Activities allowed under permit

   32.     Activities may be carried out under permit
   33.     Activities permitted in all zones
   34.     Certain activities in zone C
   35.     Domestic activities by person with an interest in land
   36.     Activities to avoid injurious affection to interest
   37.     Activities in protected area
   38.     Activities in zone B that may reduce impacts on the area
   39.     Activities to prepare assessment or obtain information or documents for the authority

           Division 5 - Controls under agreements

              Subdivision 1 - Negotiating agreements

   40.     Authority must negotiate

              Subdivision 2 - Cooperative management agreements

   41.     Entering into a cooperative management agreement
   42.     Matters for consideration for proposed cooperative management agreement
   43.     Effect of cooperative management agreement on plan
   43A.    Inconsistency between cooperative management agreements
   43B.    Carrying out particular permitted activity under cooperative management agreement
   43C.    Relationship between cooperative management agreement and zoning map
   43D.    Registration of cooperative management agreement

           Division 6 - Exemptions

   44.     Exemption of certain activities that destroy forest products

   PART 4 - PERMITS

           Division 1A - Preliminary

   44A.    Application of part
   44B.    Definition for pts 4 and 5

           Division 1 - Procedural matters

   45.     Application for permit
   46.     Assessment fee
   47.     Authority may ask for more information
   48.     Authority must decide application
   49.     Due day for deciding applications
   50.     Consultation
   51.     Conditions
   52.     Security
   53.     Decision to be notified to applicant and recorded
   54.     Register of permit decisions

           Division 2 - Principles and criteria for deciding permit applications

   55.     Purpose of division
   56.     World heritage values and integrity of the area
   57.     Precautionary principle
   58.     Prudent and feasible alternatives
   59.     Aboriginal tradition
   60.     Community considerations
   61.     Carrying capacity

           Division 3 - Information for applying principles and criteria

   62.     Guidelines

           Division 4 - Additional criteria for deciding permit

   62A.    Purpose and application of division
   63.     Prescribed domestic activities
   63A.    Building additional residence or ancillary outbuilding
   64.     Defence activities
   65.     Building community services infrastructure or other road
   66.     Activities being carried out immediately before 2020 amendment day

   PART 5 - REVIEWS OF, AND APPEALS FROM, PERMIT DECISIONS

           Division 1 - Definitions

   67.     Definitions for pt 5

           Division 2 - Review of original permit decisions

   68.     Request for review of decision
   69.     Review of decision
   70.     Decision to be notified to applicant and recorded

           Division 3 - Appeals from review decisions

   71.     Appeals
   72.     How to start appeal
   73.     Hearing procedures
   74.     Powers of court on appeal
   75.     Further appeal

   PART 6 - ISSUE OF PERMITS BY ENTITIES OTHER THAN AUTHORITY

   76.     Definitions
   77.     Permit entities
   78.     How permit entity must decide application
   79.     Security
   80.     Authority must approve permit entity’s decision
   81.     Decision to be notified and recorded
   82.     Authority’s power to issue permits unaffected

   PART 7 - MISCELLANEOUS

   83.     Evidence about zoning map
   84.     Plan amendments exempted from particular preparation and approval procedures—Act, s 52

   PART 8 - TRANSITIONAL PROVISIONS FOR WET TROPICS (REVIEW) AMENDMENT MANAGEMENT PLAN 2020

   85.     Definitions for part
   86.     Keeping or grazing animals
   87.     Activity for protecting lives or preventing injuries other than for an emergency
   88.     Translocating a crustacean or fish
   89.     Using motorised aircraft for commercial purposes
   90.     Reconfiguring a lot
   91.     Registration of existing cooperative management agreements
   92.     Undecided permit application
   93.     Undecided rezoning application
   94.     References to previous provisions in documents
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 2B
           SCHEDULE 3