{"id":"qld:act-1992-020","name":"Nature Conservation Act 1992","slug":"nature-conservation-act-1992","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"20 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29983,"registerId":"qld-act-1992-020-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Nature Conservation Act 1992 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 28 November 1995 RA s 37","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State, and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the Commonwealth, the State or another State liable to be prosecuted for an offence.\ns 3 sub 2004 No. 48 s 158\n(sec.3-ssec.1) This Act binds all persons, including the State, and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Nothing in this Act makes the Commonwealth, the State or another State liable to be prosecuted for an offence.","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Territorial application of Act","content":"### sec.3A Territorial application of Act\n\nThis Act applies both within and outside the State.\nThis Act applies outside the State to the full extent of the extraterritorial legislative power of the Parliament.\ns 3A ins 2003 No. 96 s 17\namd 2004 No. 48 s 159\n(sec.3A-ssec.1) This Act applies both within and outside the State.\n(sec.3A-ssec.2) This Act applies outside the State to the full extent of the extraterritorial legislative power of the Parliament.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Object of Act","content":"# Object of Act","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Object of Act","content":"### sec.4 Object of Act\n\nThe object of this Act is the conservation of nature while allowing for the involvement of Aboriginal peoples and Torres Strait Islander peoples in the management of protected areas in which they have an interest under Aboriginal tradition or Ailan Kastom.\ns 4 amd 2013 No. 55 s 24 ; 2016 No. 22 s 4 ; 2024 No. 17 s 183","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"How object is to be achieved","content":"### sec.5 How object is to be achieved\n\nThe conservation of nature is to be achieved by an integrated and comprehensive conservation strategy for the whole of the State that involves, among other things, the following—\nGathering of information and community education etc.\ngathering, researching, analysing, monitoring and disseminating information on nature;\nidentifying critical habitats and areas of major interest;\nencouraging the conservation of nature by the education and cooperative involvement of the community, particularly landholders;\nDedication and declaration of protected areas\nthe dedication and declaration of areas representative of the biological diversity, natural features and wilderness of the State as protected areas;\nManagement of protected areas\nthe management of protected areas in accordance with—\nthe management principles; and\nthe interim and declared management intent; and\nmanagement plans; and\nconservation agreements; and\nmanagement programs;\nfor the areas;\nthe management of protected areas having regard to any management statement for the areas;\nProtection of native wildlife and its habitat\nthe protection of the biological diversity of native wildlife and its habitat by—\nthe dedication and declaration of protected areas; and\nprescribing protected and prohibited wildlife; and\nthe management of wildlife in accordance with—\nthe management principles; and\nthe declared management intent; and\nany conservation plan;\nfor the wildlife; and\nentering into conservation agreements;\nUse of protected wildlife and areas to be ecologically sustainable\nproviding for the ecologically sustainable use of protected wildlife and areas by the preparation and implementation of management and conservation plans consistent with the values and needs of the wildlife or areas concerned, particularly plans dealing with the management of—\nprotected areas; and\nthe taking or use of wildlife; and\nprotected wildlife and its habitat; and\ncritical habitats and areas of major interest;\nproviding for the ecologically sustainable use of protected areas by the preparation of management statements for use in managing the areas;\nRecognition of interest of Aboriginal peoples and Torres Strait Islander peoples in nature and their cooperative involvement in its conservation\nthe recognition of the interest of Aboriginal peoples and Torres Strait Islander peoples in protected areas and native wildlife;\nthe cooperative involvement of Aboriginal peoples and Torres Strait Islander peoples in the conservation of nature;\nCooperative involvement of landholders\nthe cooperative involvement of landholders in the conservation of nature.\ns 5 amd 1994 No. 42 ss 3 , 2 sch ; 2004 No. 48 s 160 ; 2013 No. 55 s 25 ; 2016 No. 22 s 5 ; 2019 No. 8 s 3 ; 2024 No. 17 s 184\n- (a) Gathering of information and community education etc. • gathering, researching, analysing, monitoring and disseminating information on nature; • identifying critical habitats and areas of major interest; • encouraging the conservation of nature by the education and cooperative involvement of the community, particularly landholders;\n- • gathering, researching, analysing, monitoring and disseminating information on nature;\n- • identifying critical habitats and areas of major interest;\n- • encouraging the conservation of nature by the education and cooperative involvement of the community, particularly landholders;\n- (b) Dedication and declaration of protected areas • the dedication and declaration of areas representative of the biological diversity, natural features and wilderness of the State as protected areas;\n- • the dedication and declaration of areas representative of the biological diversity, natural features and wilderness of the State as protected areas;\n- (c) Management of protected areas • the management of protected areas in accordance with— (i) the management principles; and (ii) the interim and declared management intent; and (iii) management plans; and (iv) conservation agreements; and (v) management programs; for the areas; • the management of protected areas having regard to any management statement for the areas;\n- • the management of protected areas in accordance with— (i) the management principles; and (ii) the interim and declared management intent; and (iii) management plans; and (iv) conservation agreements; and (v) management programs; for the areas;\n- (i) the management principles; and\n- (ii) the interim and declared management intent; and\n- (iii) management plans; and\n- (iv) conservation agreements; and\n- (v) management programs;\n- • the management of protected areas having regard to any management statement for the areas;\n- (d) Protection of native wildlife and its habitat • the protection of the biological diversity of native wildlife and its habitat by— (i) the dedication and declaration of protected areas; and (ii) prescribing protected and prohibited wildlife; and (iii) the management of wildlife in accordance with— (A) the management principles; and (B) the declared management intent; and (C) any conservation plan; for the wildlife; and (iv) entering into conservation agreements;\n- • the protection of the biological diversity of native wildlife and its habitat by— (i) the dedication and declaration of protected areas; and (ii) prescribing protected and prohibited wildlife; and (iii) the management of wildlife in accordance with— (A) the management principles; and (B) the declared management intent; and (C) any conservation plan; for the wildlife; and (iv) entering into conservation agreements;\n- (i) the dedication and declaration of protected areas; and\n- (ii) prescribing protected and prohibited wildlife; and\n- (iii) the management of wildlife in accordance with— (A) the management principles; and (B) the declared management intent; and (C) any conservation plan; for the wildlife; and\n- (A) the management principles; and\n- (B) the declared management intent; and\n- (C) any conservation plan;\n- (iv) entering into conservation agreements;\n- (e) Use of protected wildlife and areas to be ecologically sustainable • providing for the ecologically sustainable use of protected wildlife and areas by the preparation and implementation of management and conservation plans consistent with the values and needs of the wildlife or areas concerned, particularly plans dealing with the management of— (i) protected areas; and (ii) the taking or use of wildlife; and (iii) protected wildlife and its habitat; and (iv) critical habitats and areas of major interest; • providing for the ecologically sustainable use of protected areas by the preparation of management statements for use in managing the areas;\n- • providing for the ecologically sustainable use of protected wildlife and areas by the preparation and implementation of management and conservation plans consistent with the values and needs of the wildlife or areas concerned, particularly plans dealing with the management of— (i) protected areas; and (ii) the taking or use of wildlife; and (iii) protected wildlife and its habitat; and (iv) critical habitats and areas of major interest;\n- (i) protected areas; and\n- (ii) the taking or use of wildlife; and\n- (iii) protected wildlife and its habitat; and\n- (iv) critical habitats and areas of major interest;\n- • providing for the ecologically sustainable use of protected areas by the preparation of management statements for use in managing the areas;\n- (f) Recognition of interest of Aboriginal peoples and Torres Strait Islander peoples in nature and their cooperative involvement in its conservation • the recognition of the interest of Aboriginal peoples and Torres Strait Islander peoples in protected areas and native wildlife; • the cooperative involvement of Aboriginal peoples and Torres Strait Islander peoples in the conservation of nature;\n- • the recognition of the interest of Aboriginal peoples and Torres Strait Islander peoples in protected areas and native wildlife;\n- • the cooperative involvement of Aboriginal peoples and Torres Strait Islander peoples in the conservation of nature;\n- (g) Cooperative involvement of landholders • the cooperative involvement of landholders in the conservation of nature.\n- • the cooperative involvement of landholders in the conservation of nature.\n- • gathering, researching, analysing, monitoring and disseminating information on nature;\n- • identifying critical habitats and areas of major interest;\n- • encouraging the conservation of nature by the education and cooperative involvement of the community, particularly landholders;\n- • the dedication and declaration of areas representative of the biological diversity, natural features and wilderness of the State as protected areas;\n- • the management of protected areas in accordance with— (i) the management principles; and (ii) the interim and declared management intent; and (iii) management plans; and (iv) conservation agreements; and (v) management programs; for the areas;\n- (i) the management principles; and\n- (ii) the interim and declared management intent; and\n- (iii) management plans; and\n- (iv) conservation agreements; and\n- (v) management programs;\n- • the management of protected areas having regard to any management statement for the areas;\n- (i) the management principles; and\n- (ii) the interim and declared management intent; and\n- (iii) management plans; and\n- (iv) conservation agreements; and\n- (v) management programs;\n- • the protection of the biological diversity of native wildlife and its habitat by— (i) the dedication and declaration of protected areas; and (ii) prescribing protected and prohibited wildlife; and (iii) the management of wildlife in accordance with— (A) the management principles; and (B) the declared management intent; and (C) any conservation plan; for the wildlife; and (iv) entering into conservation agreements;\n- (i) the dedication and declaration of protected areas; and\n- (ii) prescribing protected and prohibited wildlife; and\n- (iii) the management of wildlife in accordance with— (A) the management principles; and (B) the declared management intent; and (C) any conservation plan; for the wildlife; and\n- (A) the management principles; and\n- (B) the declared management intent; and\n- (C) any conservation plan;\n- (iv) entering into conservation agreements;\n- (i) the dedication and declaration of protected areas; and\n- (ii) prescribing protected and prohibited wildlife; and\n- (iii) the management of wildlife in accordance with— (A) the management principles; and (B) the declared management intent; and (C) any conservation plan; for the wildlife; and\n- (A) the management principles; and\n- (B) the declared management intent; and\n- (C) any conservation plan;\n- (iv) entering into conservation agreements;\n- (A) the management principles; and\n- (B) the declared management intent; and\n- (C) any conservation plan;\n- • providing for the ecologically sustainable use of protected wildlife and areas by the preparation and implementation of management and conservation plans consistent with the values and needs of the wildlife or areas concerned, particularly plans dealing with the management of— (i) protected areas; and (ii) the taking or use of wildlife; and (iii) protected wildlife and its habitat; and (iv) critical habitats and areas of major interest;\n- (i) protected areas; and\n- (ii) the taking or use of wildlife; and\n- (iii) protected wildlife and its habitat; and\n- (iv) critical habitats and areas of major interest;\n- • providing for the ecologically sustainable use of protected areas by the preparation of management statements for use in managing the areas;\n- (i) protected areas; and\n- (ii) the taking or use of wildlife; and\n- (iii) protected wildlife and its habitat; and\n- (iv) critical habitats and areas of major interest;\n- • the recognition of the interest of Aboriginal peoples and Torres Strait Islander peoples in protected areas and native wildlife;\n- • the cooperative involvement of Aboriginal peoples and Torres Strait Islander peoples in the conservation of nature;\n- • the cooperative involvement of landholders in the conservation of nature.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Community participation in administration of Act","content":"### sec.6 Community participation in administration of Act\n\nThis Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, landholders and interested groups and persons, including Aboriginal peoples and Torres Strait Islander peoples.\ns 6 amd 1994 No. 42 s 2 sch ; 2024 No. 17 s 185","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":9},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\ns 7 Note—s 7 prev contained definitions for this Act. Definitions are now located in the schedule—Dictionary.\namd 2000 No. 44 s 5 (1)","sortOrder":11},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Key definitions","content":"## Key definitions","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of nature","content":"### sec.8 Meaning of nature\n\nNature includes all aspects of nature.\nWithout limiting subsection (1) , nature includes—\necosystems and their constituent parts; and\nall natural and physical resources; and\nnatural dynamic processes; and\nthe characteristics of places, however large or small, that contribute to—\ntheir biological diversity and integrity; or\ntheir intrinsic or scientific value.\n(sec.8-ssec.1) Nature includes all aspects of nature.\n(sec.8-ssec.2) Without limiting subsection (1) , nature includes— ecosystems and their constituent parts; and all natural and physical resources; and natural dynamic processes; and the characteristics of places, however large or small, that contribute to— their biological diversity and integrity; or their intrinsic or scientific value.\n- (a) ecosystems and their constituent parts; and\n- (b) all natural and physical resources; and\n- (c) natural dynamic processes; and\n- (d) the characteristics of places, however large or small, that contribute to— (i) their biological diversity and integrity; or (ii) their intrinsic or scientific value.\n- (i) their biological diversity and integrity; or\n- (ii) their intrinsic or scientific value.\n- (i) their biological diversity and integrity; or\n- (ii) their intrinsic or scientific value.","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of conservation","content":"### sec.9 Meaning of conservation\n\nConservation is the protection and maintenance of nature while allowing for its ecologically sustainable use.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of biological diversity","content":"### sec.10 Meaning of biological diversity\n\nBiological diversity is the natural diversity of native wildlife, together with the environmental conditions necessary for their survival, and includes—\nregional diversity, that is, the diversity of the landscape components of a region, and the functional relationships that affect environmental conditions within ecosystems; and\necosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them; and\nspecies diversity, that is, the diversity of species; and\ngenetic diversity, that is, the diversity of genes within each species.\nIn subsection (1) —\nlandscape components includes landforms, soils, water, climate, wildlife and land uses.\n(sec.10-ssec.1) Biological diversity is the natural diversity of native wildlife, together with the environmental conditions necessary for their survival, and includes— regional diversity, that is, the diversity of the landscape components of a region, and the functional relationships that affect environmental conditions within ecosystems; and ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them; and species diversity, that is, the diversity of species; and genetic diversity, that is, the diversity of genes within each species.\n(sec.10-ssec.2) In subsection (1) — landscape components includes landforms, soils, water, climate, wildlife and land uses.\n- (a) regional diversity, that is, the diversity of the landscape components of a region, and the functional relationships that affect environmental conditions within ecosystems; and\n- (b) ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them; and\n- (c) species diversity, that is, the diversity of species; and\n- (d) genetic diversity, that is, the diversity of genes within each species.","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of ecologically sustainable use","content":"### sec.11 Meaning of ecologically sustainable use\n\nEcologically sustainable use is—\nin relation to wildlife—the taking or use of the wildlife; or\nin relation to protected areas—the use of the areas;\nwithin their capacity to sustain natural processes while—\nmaintaining the life support systems of nature; and\nensuring that the benefit of the use to present generations does not diminish the potential to meet the needs and aspirations of future generations.\n- (a) in relation to wildlife—the taking or use of the wildlife; or\n- (b) in relation to protected areas—the use of the areas;\n- (c) maintaining the life support systems of nature; and\n- (d) ensuring that the benefit of the use to present generations does not diminish the potential to meet the needs and aspirations of future generations.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of threatening process","content":"### sec.12 Meaning of threatening process\n\nA threatening process is any process that is capable of—\nthreatening the survival of any protected area, area of major interest, protected wildlife, community of native wildlife or native wildlife habitat; or\naffecting the capacity of any protected area, area of major interest, protected wildlife, community of native wildlife or native wildlife habitat to sustain natural processes.\n- (a) threatening the survival of any protected area, area of major interest, protected wildlife, community of native wildlife or native wildlife habitat; or\n- (b) affecting the capacity of any protected area, area of major interest, protected wildlife, community of native wildlife or native wildlife habitat to sustain natural processes.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of critical habitat","content":"### sec.13 Meaning of critical habitat\n\nCritical habitat is habitat that is essential for the conservation of a viable population of protected wildlife or community of native wildlife, whether or not special management considerations and protection are required.\nA critical habitat may include an area of land that is considered essential for the conservation of protected wildlife, even though the area is not presently occupied by the wildlife.\n(sec.13-ssec.1) Critical habitat is habitat that is essential for the conservation of a viable population of protected wildlife or community of native wildlife, whether or not special management considerations and protection are required.\n(sec.13-ssec.2) A critical habitat may include an area of land that is considered essential for the conservation of protected wildlife, even though the area is not presently occupied by the wildlife.","sortOrder":18},{"sectionNumber":"pt.4","sectionType":"part","heading":"Protected areas","content":"# Protected areas","sortOrder":19},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Basic concepts","content":"## Basic concepts","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Classes of protected areas to which Act applies","content":"### sec.14 Classes of protected areas to which Act applies\n\nThe classes of protected areas to which this Act applies are—\nnational parks (scientific); and\nnational parks; and\nnational parks (Aboriginal land); and\nnational parks (Torres Strait Islander land); and\nnational parks (Cape York Peninsula Aboriginal land); and\nconservation parks; and\nresources reserves; and\nspecial wildlife reserves; and\nnature refuges; and\ncoordinated conservation areas.\ns 14 amd 2000 No. 44 s 7 ; 2007 No. 48 s 43 ; 2013 No. 55 ss 26 , 114 ; 2016 No. 22 s 6 ; 2019 No. 8 s 4\n- (a) national parks (scientific); and\n- (b) national parks; and\n- (c) national parks (Aboriginal land); and\n- (d) national parks (Torres Strait Islander land); and\n- (e) national parks (Cape York Peninsula Aboriginal land); and\n- (f) conservation parks; and\n- (g) resources reserves; and\n- (h) special wildlife reserves; and\n- (i) nature refuges; and\n- (j) coordinated conservation areas.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Management of protected areas","content":"### sec.15 Management of protected areas\n\nEach protected area is to be managed in accordance with—\nthe management principles prescribed by this division for the class of protected area; and\nif the area is—\na national park (Aboriginal land) or national park (Torres Strait Islander land)—the lease or sublease of the area; or\na national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—any Indigenous land use agreement for the area and the Indigenous management agreement for the area; or\na special wildlife reserve—the conservation agreement and management program for the area; or\na nature refuge—the declared management intent, and the conservation agreement or covenant, for the area; or\na coordinated conservation area—\nthe interim management intent for the area until a management statement or management plan is approved for the area; and\nthe conservation agreement for the area; and\nif a management plan is in effect for the area—the management plan for the area.\nThe interim or declared management intent for a protected area is the management intent for the area specified in the regulation dedicating or declaring the area.\nThe interim or declared management intent for a protected area must contain a statement of—\nthe area’s significant cultural and natural resources and values; and\nthe proposed management intent for, and any proposed use of, the area.\nIf a management statement is in effect for a protected area, the statement is to be considered in managing the area.\ns 15 amd 1994 No. 42 s 2 sch ; 2000 No. 44 s 42 sch ; 2007 No. 48 s 44 ; 2011 No. 11 s 31 ; 2013 No. 55 s 27 ; 2019 No. 8 s 5 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.15-ssec.1) Each protected area is to be managed in accordance with— the management principles prescribed by this division for the class of protected area; and if the area is— a national park (Aboriginal land) or national park (Torres Strait Islander land)—the lease or sublease of the area; or a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—any Indigenous land use agreement for the area and the Indigenous management agreement for the area; or a special wildlife reserve—the conservation agreement and management program for the area; or a nature refuge—the declared management intent, and the conservation agreement or covenant, for the area; or a coordinated conservation area— the interim management intent for the area until a management statement or management plan is approved for the area; and the conservation agreement for the area; and if a management plan is in effect for the area—the management plan for the area.\n(sec.15-ssec.2) The interim or declared management intent for a protected area is the management intent for the area specified in the regulation dedicating or declaring the area.\n(sec.15-ssec.3) The interim or declared management intent for a protected area must contain a statement of— the area’s significant cultural and natural resources and values; and the proposed management intent for, and any proposed use of, the area.\n(sec.15-ssec.4) If a management statement is in effect for a protected area, the statement is to be considered in managing the area.\n- (a) the management principles prescribed by this division for the class of protected area; and\n- (b) if the area is— (i) a national park (Aboriginal land) or national park (Torres Strait Islander land)—the lease or sublease of the area; or (ii) a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—any Indigenous land use agreement for the area and the Indigenous management agreement for the area; or (iii) a special wildlife reserve—the conservation agreement and management program for the area; or (iv) a nature refuge—the declared management intent, and the conservation agreement or covenant, for the area; or (v) a coordinated conservation area— (A) the interim management intent for the area until a management statement or management plan is approved for the area; and (B) the conservation agreement for the area; and\n- (i) a national park (Aboriginal land) or national park (Torres Strait Islander land)—the lease or sublease of the area; or\n- (ii) a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—any Indigenous land use agreement for the area and the Indigenous management agreement for the area; or\n- (iii) a special wildlife reserve—the conservation agreement and management program for the area; or\n- (iv) a nature refuge—the declared management intent, and the conservation agreement or covenant, for the area; or\n- (v) a coordinated conservation area— (A) the interim management intent for the area until a management statement or management plan is approved for the area; and (B) the conservation agreement for the area; and\n- (A) the interim management intent for the area until a management statement or management plan is approved for the area; and\n- (B) the conservation agreement for the area; and\n- (c) if a management plan is in effect for the area—the management plan for the area.\n- (i) a national park (Aboriginal land) or national park (Torres Strait Islander land)—the lease or sublease of the area; or\n- (ii) a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—any Indigenous land use agreement for the area and the Indigenous management agreement for the area; or\n- (iii) a special wildlife reserve—the conservation agreement and management program for the area; or\n- (iv) a nature refuge—the declared management intent, and the conservation agreement or covenant, for the area; or\n- (v) a coordinated conservation area— (A) the interim management intent for the area until a management statement or management plan is approved for the area; and (B) the conservation agreement for the area; and\n- (A) the interim management intent for the area until a management statement or management plan is approved for the area; and\n- (B) the conservation agreement for the area; and\n- (A) the interim management intent for the area until a management statement or management plan is approved for the area; and\n- (B) the conservation agreement for the area; and\n- (a) the area’s significant cultural and natural resources and values; and\n- (b) the proposed management intent for, and any proposed use of, the area.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Management principles of national parks (scientific)","content":"### sec.16 Management principles of national parks (scientific)\n\nA national park (scientific) is to be managed to—\nprotect the area’s exceptional scientific values and, in particular—\nto ensure that the processes of nature continue unaffected in the area; and\nto protect the area’s biological diversity to the greatest possible extent; and\nallow controlled scientific study and monitoring of the area’s natural resources.\nHowever, if threatened wildlife is a significant natural resource for the area, management of the area may include—\nmanipulation of the wildlife’s habitat; and\nthe control of threatening processes relating to the wildlife, including threatening processes caused by other wildlife.\nSubject to subsections (1) and (2) , a national park (scientific), or a part of a national park (scientific), that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.\ns 16 prev s 16 sub 1994 No. 42 s 5\namd 2011 No. 11 s 32\nom 2013 No. 55 s 115\npres s 16 ins 2016 No. 22 s 7\namd 2024 No. 17 s 192 s ch 1 pt 3\n(sec.16-ssec.1) A national park (scientific) is to be managed to— protect the area’s exceptional scientific values and, in particular— to ensure that the processes of nature continue unaffected in the area; and to protect the area’s biological diversity to the greatest possible extent; and allow controlled scientific study and monitoring of the area’s natural resources.\n(sec.16-ssec.2) However, if threatened wildlife is a significant natural resource for the area, management of the area may include— manipulation of the wildlife’s habitat; and the control of threatening processes relating to the wildlife, including threatening processes caused by other wildlife.\n(sec.16-ssec.3) Subject to subsections (1) and (2) , a national park (scientific), or a part of a national park (scientific), that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.\n- (a) protect the area’s exceptional scientific values and, in particular— (i) to ensure that the processes of nature continue unaffected in the area; and (ii) to protect the area’s biological diversity to the greatest possible extent; and\n- (i) to ensure that the processes of nature continue unaffected in the area; and\n- (ii) to protect the area’s biological diversity to the greatest possible extent; and\n- (b) allow controlled scientific study and monitoring of the area’s natural resources.\n- (i) to ensure that the processes of nature continue unaffected in the area; and\n- (ii) to protect the area’s biological diversity to the greatest possible extent; and\n- (a) manipulation of the wildlife’s habitat; and\n- (b) the control of threatening processes relating to the wildlife, including threatening processes caused by other wildlife.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Management principles of national parks","content":"### sec.17 Management principles of national parks\n\nA national park is to be managed to—\nprovide, to the greatest possible extent, for the permanent preservation of the area’s natural condition and the protection of the area’s cultural resources and values; and\npresent the area’s cultural and natural resources and their values; and\nensure that the only use of the area is nature-based and ecologically sustainable; and\nprovide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and\nprovide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values.\nHowever, if the whole or part of a national park is declared as a special management area (controlled action), the management of the park or part may include the following—\nthe manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values;\nthe continuation of an existing use of the area consistent with maintaining the area’s natural and cultural values.\nThe management principle mentioned in subsection (1) (a) is the cardinal principle for the management of national parks.\nSubject to subsections (1) to (2) , a national park, or a part of a national park, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.\nIn this section—\nexisting use , of a special management area (controlled action), means a lawful use made of the area immediately before the declaration of the area as a special management area (controlled action).\ns 17 sub 1994 No. 42 s 5\namd 2011 No. 11 s 33 ; 2013 No. 55 ss 26 , 116 ; 2016 No. 22 s 8 ; 2019 No. 8 s 6 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.17-ssec.1) A national park is to be managed to— provide, to the greatest possible extent, for the permanent preservation of the area’s natural condition and the protection of the area’s cultural resources and values; and present the area’s cultural and natural resources and their values; and ensure that the only use of the area is nature-based and ecologically sustainable; and provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values.\n(sec.17-ssec.1A) However, if the whole or part of a national park is declared as a special management area (controlled action), the management of the park or part may include the following— the manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values; the continuation of an existing use of the area consistent with maintaining the area’s natural and cultural values.\n(sec.17-ssec.2) The management principle mentioned in subsection (1) (a) is the cardinal principle for the management of national parks.\n(sec.17-ssec.3) Subject to subsections (1) to (2) , a national park, or a part of a national park, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.\n(sec.17-ssec.4) In this section— existing use , of a special management area (controlled action), means a lawful use made of the area immediately before the declaration of the area as a special management area (controlled action).\n- (a) provide, to the greatest possible extent, for the permanent preservation of the area’s natural condition and the protection of the area’s cultural resources and values; and\n- (b) present the area’s cultural and natural resources and their values; and\n- (c) ensure that the only use of the area is nature-based and ecologically sustainable; and\n- (d) provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and\n- (e) provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values.\n- (a) the manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values;\n- (b) the continuation of an existing use of the area consistent with maintaining the area’s natural and cultural values.","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Management principles of national parks (Aboriginal land)","content":"### sec.18 Management principles of national parks (Aboriginal land)\n\nA national park (Aboriginal land) is to be managed as a national park.\nSubject to subsection (1) , a national park (Aboriginal land) is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.\n(sec.18-ssec.1) A national park (Aboriginal land) is to be managed as a national park.\n(sec.18-ssec.2) Subject to subsection (1) , a national park (Aboriginal land) is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Management principles of national parks (Torres Strait Islander land)","content":"### sec.19 Management principles of national parks (Torres Strait Islander land)\n\nA national park (Torres Strait Islander land) is to be managed as a national park.\nSubject to subsection (1) , a national park (Torres Strait Islander land) is to be managed, as far as practicable, in a way that is consistent with any Ailan Kastom applicable to the area, including any Ailan Kastom relating to activities in the area.\ns 19 amd 2024 No. 17 s 192 sch 1 pt 3\n(sec.19-ssec.1) A national park (Torres Strait Islander land) is to be managed as a national park.\n(sec.19-ssec.2) Subject to subsection (1) , a national park (Torres Strait Islander land) is to be managed, as far as practicable, in a way that is consistent with any Ailan Kastom applicable to the area, including any Ailan Kastom relating to activities in the area.","sortOrder":26},{"sectionNumber":"sec.19A","sectionType":"section","heading":null,"content":"### Section sec.19A\n\ns 19A ins 2000 No. 44 s 8\namd 2011 No. 11 s 34\nom 2013 No. 55 s 117","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Management principles of national parks (Cape York Peninsula Aboriginal land)","content":"### sec.20 Management principles of national parks (Cape York Peninsula Aboriginal land)\n\nA national park (Cape York Peninsula Aboriginal land) is to be managed as a national park.\nSubject to subsection (1) , a national park (Cape York Peninsula Aboriginal land) is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.\ns 20 prev s 20 amd 1994 No. 42 s 2 sch ; 2011 No. 11 s 35\nom 2013 No. 55 s 117\npres s 20 (prev s 19AA) ins 2007 No. 48 s 45\nrenum 2013 No. 55 s 118\n(sec.20-ssec.1) A national park (Cape York Peninsula Aboriginal land) is to be managed as a national park.\n(sec.20-ssec.2) Subject to subsection (1) , a national park (Cape York Peninsula Aboriginal land) is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Management principles of conservation parks","content":"### sec.21 Management principles of conservation parks\n\nA conservation park is to be managed to—\nconserve and present the area’s cultural and natural resources and their values; and\nprovide for the permanent conservation of the area’s natural condition to the greatest possible extent; and\nprovide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and\nensure that any commercial use of the area’s natural resources, including fishing and grazing, is ecologically sustainable.\nSubject to subsection (1) , a conservation park, or a part of a conservation park, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.\ns 21 amd 2000 No. 44 s 9 ; 2011 No. 11 s 36\nsub 2013 No. 55 s 117 ; 2016 No. 22 s 9\namd 2024 No. 17 s 192 s ch 1 pt 3\n(sec.21-ssec.1) A conservation park is to be managed to— conserve and present the area’s cultural and natural resources and their values; and provide for the permanent conservation of the area’s natural condition to the greatest possible extent; and provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and ensure that any commercial use of the area’s natural resources, including fishing and grazing, is ecologically sustainable.\n(sec.21-ssec.2) Subject to subsection (1) , a conservation park, or a part of a conservation park, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.\n- (a) conserve and present the area’s cultural and natural resources and their values; and\n- (b) provide for the permanent conservation of the area’s natural condition to the greatest possible extent; and\n- (c) provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and\n- (d) ensure that any commercial use of the area’s natural resources, including fishing and grazing, is ecologically sustainable.","sortOrder":29},{"sectionNumber":"sec.21A","sectionType":"section","heading":"Management principles of resources reserves","content":"### sec.21A Management principles of resources reserves\n\nSubject to subsection (2) , a resources reserve is to be managed to—\nrecognise and, if appropriate, protect the area’s cultural and natural resources; and\nprovide for the controlled use of the area’s cultural and natural resources; and\nensure that the area is maintained predominantly in its natural condition.\nThe felling of timber for a commercial purpose must not be conducted in a resources reserve.\nSubject to subsections (1) and (2) , a resources reserve, or a part of a resources reserve, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area.\ns 21A ins 2016 No. 22 s 9\namd 2024 No. 17 s 192 sch 1 pt 3\n(sec.21A-ssec.1) Subject to subsection (2) , a resources reserve is to be managed to— recognise and, if appropriate, protect the area’s cultural and natural resources; and provide for the controlled use of the area’s cultural and natural resources; and ensure that the area is maintained predominantly in its natural condition.\n(sec.21A-ssec.2) The felling of timber for a commercial purpose must not be conducted in a resources reserve.\n(sec.21A-ssec.3) Subject to subsections (1) and (2) , a resources reserve, or a part of a resources reserve, that is also an Indigenous joint management area is to be managed, as far as practicable, in a way that is consistent with any Aboriginal tradition applicable to the area, including any tradition relating to activities in the area. s 21A ins 2016 No. 22 s 9 amd 2024 No. 17 s 192 sch 1 pt 3\n- (a) recognise and, if appropriate, protect the area’s cultural and natural resources; and\n- (b) provide for the controlled use of the area’s cultural and natural resources; and\n- (c) ensure that the area is maintained predominantly in its natural condition.","sortOrder":30},{"sectionNumber":"sec.21B","sectionType":"section","heading":"Management principles of special wildlife reserves","content":"### sec.21B Management principles of special wildlife reserves\n\nA special wildlife reserve is to be managed to—\npermanently protect the area’s exceptional natural and cultural resources and values; and\nprotect the area’s exceptional scientific values; and\npresent the area’s cultural and natural resources and values; and\nensure the only use of the area is nature-based and ecologically sustainable.\nAlso, a special wildlife reserve is to be managed to do any of the following stated in the conservation agreement for the reserve—\nallow controlled scientific study and monitoring of the area’s natural resources;\nprovide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values;\nprovide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values;\nprovide for the manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values;\nprovide for the manipulation of threatened wildlife’s habitat and the control of threatening processes relating to threatened wildlife, including threatening processes caused by other wildlife.\ns 21B ins 2019 No. 8 s 7\n(sec.21B-ssec.1) A special wildlife reserve is to be managed to— permanently protect the area’s exceptional natural and cultural resources and values; and protect the area’s exceptional scientific values; and present the area’s cultural and natural resources and values; and ensure the only use of the area is nature-based and ecologically sustainable.\n(sec.21B-ssec.2) Also, a special wildlife reserve is to be managed to do any of the following stated in the conservation agreement for the reserve— allow controlled scientific study and monitoring of the area’s natural resources; provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values; provide for the manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values; provide for the manipulation of threatened wildlife’s habitat and the control of threatening processes relating to threatened wildlife, including threatening processes caused by other wildlife.\n- (a) permanently protect the area’s exceptional natural and cultural resources and values; and\n- (b) protect the area’s exceptional scientific values; and\n- (c) present the area’s cultural and natural resources and values; and\n- (d) ensure the only use of the area is nature-based and ecologically sustainable.\n- (a) allow controlled scientific study and monitoring of the area’s natural resources;\n- (b) provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values;\n- (c) provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values;\n- (d) provide for the manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values;\n- (e) provide for the manipulation of threatened wildlife’s habitat and the control of threatening processes relating to threatened wildlife, including threatening processes caused by other wildlife.","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Management principles of nature refuges","content":"### sec.22 Management principles of nature refuges\n\nA nature refuge is to be managed to—\nconserve the area’s significant cultural and natural resources; and\nprovide for the controlled use of the area’s cultural and natural resources; and\nprovide for the interests of landholders to be taken into account.\ns 22 amd 2002 No. 72 s 26\n- (a) conserve the area’s significant cultural and natural resources; and\n- (b) provide for the controlled use of the area’s cultural and natural resources; and\n- (c) provide for the interests of landholders to be taken into account.","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Management principles of coordinated conservation areas","content":"### sec.23 Management principles of coordinated conservation areas\n\nA coordinated conservation area is to be managed to—\nconserve the area’s natural and cultural values by coordinated management involving the area’s various landholders; and\ntake account of the area’s values, including its recreational, educational and commercial values; and\nprovide for the interests of the various landholders to be maintained.\n- (a) conserve the area’s natural and cultural values by coordinated management involving the area’s various landholders; and\n- (b) take account of the area’s values, including its recreational, educational and commercial values; and\n- (c) provide for the interests of the various landholders to be maintained.","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 2013 No. 55 s 28","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 om 2013 No. 55 s 28","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 2013 No. 55 s 28","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Prohibition on mining, geothermal activities and GHG storage activities","content":"### sec.27 Prohibition on mining, geothermal activities and GHG storage activities\n\nA mining interest, geothermal tenure or GHG authority can not be granted in relation to—\na national park (scientific); or\na national park; or\na national park (Aboriginal land); or\na national park (Torres Strait Islander land); or\na national park (Cape York Peninsula Aboriginal land); or\na conservation park; or\na special wildlife reserve.\nHowever, subsection (1) does not apply if—\nthe mining interest is—\nan authorised activity for a survey licence under the Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act ), section 394 other than in relation to a petroleum facility under that Act; or\nan authorised activity for a pipeline licence under the P&G Act ; and\nan authority under section 34 , 35 , 42AD , 42AE , 43F or 43G has been granted, made, issued or given for the licence.\nSubsection (1) applies in relation to land in a protected area even if the land is also subject to a tenure on which a mining interest, geothermal tenure or GHG authority could otherwise be granted.\nland in a special wildlife reserve that is subject to a lease under the Land Act 1994\nIn this section—\nmining interest means any activity authorised under—\nthe Mineral Resources Act 1989 ; or\nthe Petroleum Act 1923 ; or\nthe P&G Act .\ns 27 amd 2000 No. 44 s 10 ; 2004 No. 26 s 274 ; 2005 No. 53 s 159 sch; 2007 No. 48 s 46 ; 2009 No. 3 s 519 ; 2010 No. 20 s 41B ; 2010 No. 31 s 585 sch 2 pt 4 ; 2013 No. 55 s 119 ; 2016 No. 22 s 10 ; 2019 No. 8 s 8\n(sec.27-ssec.1) A mining interest, geothermal tenure or GHG authority can not be granted in relation to— a national park (scientific); or a national park; or a national park (Aboriginal land); or a national park (Torres Strait Islander land); or a national park (Cape York Peninsula Aboriginal land); or a conservation park; or a special wildlife reserve.\n(sec.27-ssec.2) However, subsection (1) does not apply if— the mining interest is— an authorised activity for a survey licence under the Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act ), section 394 other than in relation to a petroleum facility under that Act; or an authorised activity for a pipeline licence under the P&G Act ; and an authority under section 34 , 35 , 42AD , 42AE , 43F or 43G has been granted, made, issued or given for the licence.\n(sec.27-ssec.3) Subsection (1) applies in relation to land in a protected area even if the land is also subject to a tenure on which a mining interest, geothermal tenure or GHG authority could otherwise be granted. land in a special wildlife reserve that is subject to a lease under the Land Act 1994\n(sec.27-ssec.4) In this section— mining interest means any activity authorised under— the Mineral Resources Act 1989 ; or the Petroleum Act 1923 ; or the P&G Act .\n- (a) a national park (scientific); or\n- (b) a national park; or\n- (c) a national park (Aboriginal land); or\n- (d) a national park (Torres Strait Islander land); or\n- (e) a national park (Cape York Peninsula Aboriginal land); or\n- (f) a conservation park; or\n- (g) a special wildlife reserve.\n- (a) the mining interest is— (i) an authorised activity for a survey licence under the Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act ), section 394 other than in relation to a petroleum facility under that Act; or (ii) an authorised activity for a pipeline licence under the P&G Act ; and\n- (i) an authorised activity for a survey licence under the Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act ), section 394 other than in relation to a petroleum facility under that Act; or\n- (ii) an authorised activity for a pipeline licence under the P&G Act ; and\n- (b) an authority under section 34 , 35 , 42AD , 42AE , 43F or 43G has been granted, made, issued or given for the licence.\n- (i) an authorised activity for a survey licence under the Petroleum and Gas (Production and Safety) Act 2004 (the P&G Act ), section 394 other than in relation to a petroleum facility under that Act; or\n- (ii) an authorised activity for a pipeline licence under the P&G Act ; and\n- (a) the Mineral Resources Act 1989 ; or\n- (b) the Petroleum Act 1923 ; or\n- (c) the P&G Act .","sortOrder":37},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Protected areas (State land)","content":"## Protected areas (State land)","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Meaning of protected area in division","content":"### sec.28 Meaning of protected area in division\n\nIn this division—\nprotected area means—\na national park (scientific); or\na national park; or\na conservation park; or\na resources reserve.\ns 28 def protected area amd 2000 No. 44 s 12\nsub 2013 No. 55 s 120 ; 2016 No. 22 s 11\n- (a) a national park (scientific); or\n- (b) a national park; or\n- (c) a conservation park; or\n- (d) a resources reserve.","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Dedication of protected areas","content":"### sec.29 Dedication of protected areas\n\nA regulation may dedicate a specified area of State land as—\na national park (scientific); or\na national park; or\na conservation park; or\na resources reserve.\nThe classes of protected areas mentioned in subsection (1) are listed in descending order of the level of protection given to them under this Act.\ns 29 amd 1994 No. 42 s 2 sch ; 2000 No. 44 s 14 ; 2004 No. 48 s 161 ; 2011 No. 6 s 102\nsub 2013 No. 55 s 122\namd 2016 No. 22 s 12\n(sec.29-ssec.1) A regulation may dedicate a specified area of State land as— a national park (scientific); or a national park; or a conservation park; or a resources reserve.\n(sec.29-ssec.2) The classes of protected areas mentioned in subsection (1) are listed in descending order of the level of protection given to them under this Act.\n- (a) a national park (scientific); or\n- (b) a national park; or\n- (c) a conservation park; or\n- (d) a resources reserve.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Revocation of State forests and timber reserves","content":"### sec.30 Revocation of State forests and timber reserves\n\nDespite the Forestry Act 1959 , if an area that is to be dedicated as a protected area is, or includes part of, a State forest or timber reserve set apart and declared under that Act, the regulation dedicating the area may revoke, in whole or part, the setting apart and declaration of the State forest or timber reserve.\nThe regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to dedicate the area.\ns 30 amd 1994 No. 42 s 2 sch ; 2000 No. 44 s 42 sch ; 2004 No. 48 s 162\n(sec.30-ssec.1) Despite the Forestry Act 1959 , if an area that is to be dedicated as a protected area is, or includes part of, a State forest or timber reserve set apart and declared under that Act, the regulation dedicating the area may revoke, in whole or part, the setting apart and declaration of the State forest or timber reserve.\n(sec.30-ssec.2) The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to dedicate the area.","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Trustees of protected areas","content":"### sec.31 Trustees of protected areas\n\nIf an area is dedicated as a conservation park or resources reserve, the Governor in Council may, by regulation, place the area under the management of trustees.\nThe trustees are to be appointed by the Governor in Council.\nThe trustees must comply with section 15 in the management of the protected area.\nThe Acts Interpretation Act 1954 , section 25 applies to an office as trustee.\nThe Trusts Act 1973 does not apply to—\ntrusts created under this section; and\nthe trustees of such trusts.\nTrustees may, in their official name—\nsue or be sued; and\ntake action for removal of trespassers or protection of property under their management.\nFor the purpose of any legal proceeding, trustees are taken to be the owners of property under their management.\nThe Governor in Council may, by gazette notice, revoke a trust created under this section.\nThe persons who were the trustees of a trust immediately before its revocation must, within 30 days of receipt of written notice given to them by the Minister, repay to the State any unspent amount that—\nwas paid to them by the State for the purposes of the trust; and\nwas held by them when the trust was revoked.\nAn amount payable to the State under subsection (9) is a debt due to the State and may be recovered in a court having jurisdiction for the recovery of debts up to the amount concerned.\ns 31 amd 1994 No. 42 ss 6 , 2 sch ; 1995 No. 57 s 4 sch 1 ; 2013 No. 55 s 123 ; 2016 No. 22 s 13\namd 2025 No. 8 s 345 sch 2 (uncommenced amendment)\n(sec.31-ssec.1) If an area is dedicated as a conservation park or resources reserve, the Governor in Council may, by regulation, place the area under the management of trustees.\n(sec.31-ssec.2) The trustees are to be appointed by the Governor in Council.\n(sec.31-ssec.3) The trustees must comply with section 15 in the management of the protected area.\n(sec.31-ssec.4) The Acts Interpretation Act 1954 , section 25 applies to an office as trustee.\n(sec.31-ssec.5) The Trusts Act 1973 does not apply to— trusts created under this section; and the trustees of such trusts.\n(sec.31-ssec.6) Trustees may, in their official name— sue or be sued; and take action for removal of trespassers or protection of property under their management.\n(sec.31-ssec.7) For the purpose of any legal proceeding, trustees are taken to be the owners of property under their management.\n(sec.31-ssec.8) The Governor in Council may, by gazette notice, revoke a trust created under this section.\n(sec.31-ssec.9) The persons who were the trustees of a trust immediately before its revocation must, within 30 days of receipt of written notice given to them by the Minister, repay to the State any unspent amount that— was paid to them by the State for the purposes of the trust; and was held by them when the trust was revoked.\n(sec.31-ssec.10) An amount payable to the State under subsection (9) is a debt due to the State and may be recovered in a court having jurisdiction for the recovery of debts up to the amount concerned.\n- (a) trusts created under this section; and\n- (b) the trustees of such trusts.\n- (a) sue or be sued; and\n- (b) take action for removal of trespassers or protection of property under their management.\n- (a) was paid to them by the State for the purposes of the trust; and\n- (b) was held by them when the trust was revoked.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Revocation of protected areas","content":"### sec.32 Revocation of protected areas\n\nThe Governor in Council may, by regulation, revoke the dedication of a protected area in whole or part.\nThe regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\nThis section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area.\nFor a protected area that is also an Indigenous joint management area, see section 42AK . Also, note section 42AM .\ns 32 amd 1994 No. 42 s 2 sch ; 2000 No. 44 s 15 ; 2004 No. 48 s 163 ; 2011 No. 11 s 37 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.32-ssec.1) The Governor in Council may, by regulation, revoke the dedication of a protected area in whole or part.\n(sec.32-ssec.2) The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\n(sec.32-ssec.3) This section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area. For a protected area that is also an Indigenous joint management area, see section 42AK . Also, note section 42AM .","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Amalgamation etc. of protected areas","content":"### sec.33 Amalgamation etc. of protected areas\n\nThe Governor in Council may, by regulation—\namalgamate protected areas of the same class, and assign a name to the amalgamated area; or\nchange the class of a protected area by dedicating the area as another class of protected area; or\nchange the boundaries of a protected area.\nIf—\nbecause of the change in the class of a protected area, the area will be given less protection under this Act; or\nbecause of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act);\nthe regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\nThis section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area.\nFor a protected area, or part of a protected area, that is an Indigenous joint management area, see section 42AL . Also, note section 42AM .\ns 33 amd 1994 No. 42 s 2 sch ; 2000 No. 44 s 16 ; 2004 No. 48 s 164 ; 2008 No. 52 s 88 ; 2011 No. 11 s 38 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.33-ssec.1) The Governor in Council may, by regulation— amalgamate protected areas of the same class, and assign a name to the amalgamated area; or change the class of a protected area by dedicating the area as another class of protected area; or change the boundaries of a protected area.\n(sec.33-ssec.2) If— because of the change in the class of a protected area, the area will be given less protection under this Act; or because of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act); the regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\n(sec.33-ssec.3) This section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area. For a protected area, or part of a protected area, that is an Indigenous joint management area, see section 42AL . Also, note section 42AM .\n- (a) amalgamate protected areas of the same class, and assign a name to the amalgamated area; or\n- (b) change the class of a protected area by dedicating the area as another class of protected area; or\n- (c) change the boundaries of a protected area.\n- (a) because of the change in the class of a protected area, the area will be given less protection under this Act; or\n- (b) because of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act);","sortOrder":44},{"sectionNumber":"sec.33A","sectionType":"section","heading":"Chief executive to lodge document for dedication, revocation and amalgamation etc.","content":"### sec.33A Chief executive to lodge document for dedication, revocation and amalgamation etc.\n\nThis section applies if a regulation is made under this subdivision for—\nthe dedication or revocation of a protected area under section 29 or 32 ; or\nthe revocation of a State forest or timber reserve under section 30 ; or\nthe amalgamation or other change to a protected area under section 33 ; or\nthe appointment or revocation of trustees under section 31 .\nThe chief executive must lodge for registration with the registrar of titles a document evidencing the matter the subject of the regulation.\nThe document must—\nbe lodged as soon as practicable after the regulation is made; and\ncomply with any requirements of the registrar of titles.\nIf the dedication, revocation, amalgamation or other change to a protected area affects a part of a lot within the meaning of the Land Act 1994 , the document lodged must be accompanied by a plan of subdivision for the change.\ns 33A ins 2011 No. 31 s 338\namd 2013 No. 55 s 29 ; 2021 No. 12 s 148 sch 3\n(sec.33A-ssec.1) This section applies if a regulation is made under this subdivision for— the dedication or revocation of a protected area under section 29 or 32 ; or the revocation of a State forest or timber reserve under section 30 ; or the amalgamation or other change to a protected area under section 33 ; or the appointment or revocation of trustees under section 31 .\n(sec.33A-ssec.2) The chief executive must lodge for registration with the registrar of titles a document evidencing the matter the subject of the regulation.\n(sec.33A-ssec.3) The document must— be lodged as soon as practicable after the regulation is made; and comply with any requirements of the registrar of titles.\n(sec.33A-ssec.4) If the dedication, revocation, amalgamation or other change to a protected area affects a part of a lot within the meaning of the Land Act 1994 , the document lodged must be accompanied by a plan of subdivision for the change.\n- (a) the dedication or revocation of a protected area under section 29 or 32 ; or\n- (b) the revocation of a State forest or timber reserve under section 30 ; or\n- (c) the amalgamation or other change to a protected area under section 33 ; or\n- (d) the appointment or revocation of trustees under section 31 .\n- (a) be lodged as soon as practicable after the regulation is made; and\n- (b) comply with any requirements of the registrar of titles.","sortOrder":45},{"sectionNumber":"sec.33B","sectionType":"section","heading":null,"content":"### Section sec.33B\n\ns 33B ins 2011 No. 31 s 338\nom 2013 No. 55 s 30","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Leases etc. over protected areas","content":"### sec.34 Leases etc. over protected areas\n\nA lease, agreement, licence, permit or other authority over, or in relation to, land in a protected area (other than an agreement or a licence, permit or other authority issued or given under a regulation) may be granted, made, issued or given only—\nby—\nif the area is a national park (scientific) or national park—the chief executive under this Act; or\nif the area is a conservation park or resources reserve—the chief executive or trustees of the area with the consent of the chief executive; or\nunder another Act by—\nthe Governor in Council; or\nsomeone else with the consent of the Minister or chief executive.\nA lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with—\nthe management principles for the area; and\nif a management plan has been approved for the area, the management plan.\nThis section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area.\nFor a protected area, or part of a protected area, that is an Indigenous joint management area, see section 42AN .\ns 34 sub 1994 No. 42 s 7\namd 2000 No. 44 s 18 ; 2005 No. 53 s 131 ; 2011 No. 11 s 39 ; 2013 No. 55 s 124 ; 2016 No. 22 s 14 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.34-ssec.1) A lease, agreement, licence, permit or other authority over, or in relation to, land in a protected area (other than an agreement or a licence, permit or other authority issued or given under a regulation) may be granted, made, issued or given only— by— if the area is a national park (scientific) or national park—the chief executive under this Act; or if the area is a conservation park or resources reserve—the chief executive or trustees of the area with the consent of the chief executive; or under another Act by— the Governor in Council; or someone else with the consent of the Minister or chief executive.\n(sec.34-ssec.2) A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with— the management principles for the area; and if a management plan has been approved for the area, the management plan.\n(sec.34-ssec.3) This section does not apply to a protected area, or a part of a protected area, that is an Indigenous joint management area. For a protected area, or part of a protected area, that is an Indigenous joint management area, see section 42AN .\n- (a) by— (i) if the area is a national park (scientific) or national park—the chief executive under this Act; or (ii) if the area is a conservation park or resources reserve—the chief executive or trustees of the area with the consent of the chief executive; or\n- (i) if the area is a national park (scientific) or national park—the chief executive under this Act; or\n- (ii) if the area is a conservation park or resources reserve—the chief executive or trustees of the area with the consent of the chief executive; or\n- (b) under another Act by— (i) the Governor in Council; or (ii) someone else with the consent of the Minister or chief executive.\n- (i) the Governor in Council; or\n- (ii) someone else with the consent of the Minister or chief executive.\n- (i) if the area is a national park (scientific) or national park—the chief executive under this Act; or\n- (ii) if the area is a conservation park or resources reserve—the chief executive or trustees of the area with the consent of the chief executive; or\n- (i) the Governor in Council; or\n- (ii) someone else with the consent of the Minister or chief executive.\n- (a) the management principles for the area; and\n- (b) if a management plan has been approved for the area, the management plan.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Chief executive’s powers about permitted uses in national parks","content":"### sec.35 Chief executive’s powers about permitted uses in national parks\n\nThe chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if—\nthe use under the authority is only for a service facility or an ecotourism facility; and\nif the use under the authority is for a service facility, the chief executive is satisfied—\nthe cardinal principle for the management of national parks will be observed to the greatest possible extent; and\nthe use will be in the public interest; and\nthe use is ecologically sustainable; and\nthere is no reasonably practicable alternative to the use; and\nif the use under the authority is for an ecotourism facility, the chief executive is satisfied—\nthe use will be in the public interest; and\nthe use is ecologically sustainable; and\nthe use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\nthe use under the authority is prescribed under a regulation made for this section to be a permitted use for the area.\nSubsection (1) —\nhas effect despite section 15 ; and\ndoes not limit, and is not limited by, section 34 .\nThis section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area.\nFor an Indigenous joint management area, see section 42AO .\ns 35 ins 1994 No. 42 s 7\namd 1995 No. 40 s 13 ; 2000 No. 44 ss 19 , 39 ; 2003 No. 96 s 18 ; 2011 No. 11 s 40 ; 2013 No. 18 s 8 ; 2013 No. 55 s 125 ; 2021 No. 11 s 12 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.35-ssec.1) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if— the use under the authority is only for a service facility or an ecotourism facility; and if the use under the authority is for a service facility, the chief executive is satisfied— the cardinal principle for the management of national parks will be observed to the greatest possible extent; and the use will be in the public interest; and the use is ecologically sustainable; and there is no reasonably practicable alternative to the use; and if the use under the authority is for an ecotourism facility, the chief executive is satisfied— the use will be in the public interest; and the use is ecologically sustainable; and the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area.\n(sec.35-ssec.2) Subsection (1) — has effect despite section 15 ; and does not limit, and is not limited by, section 34 .\n(sec.35-ssec.3) This section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area. For an Indigenous joint management area, see section 42AO .\n- (a) the use under the authority is only for a service facility or an ecotourism facility; and\n- (b) if the use under the authority is for a service facility, the chief executive is satisfied— (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and (ii) the use will be in the public interest; and (iii) the use is ecologically sustainable; and (iv) there is no reasonably practicable alternative to the use; and\n- (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and\n- (ii) the use will be in the public interest; and\n- (iii) the use is ecologically sustainable; and\n- (iv) there is no reasonably practicable alternative to the use; and\n- (c) if the use under the authority is for an ecotourism facility, the chief executive is satisfied— (i) the use will be in the public interest; and (ii) the use is ecologically sustainable; and (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\n- (i) the use will be in the public interest; and\n- (ii) the use is ecologically sustainable; and\n- (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\n- (d) the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area.\n- (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and\n- (ii) the use will be in the public interest; and\n- (iii) the use is ecologically sustainable; and\n- (iv) there is no reasonably practicable alternative to the use; and\n- (i) the use will be in the public interest; and\n- (ii) the use is ecologically sustainable; and\n- (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\n- (a) has effect despite section 15 ; and\n- (b) does not limit, and is not limited by, section 34 .","sortOrder":48},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Chief executive’s powers about permitted uses for existing service facilities in national parks","content":"### sec.35A Chief executive’s powers about permitted uses for existing service facilities in national parks\n\nThe chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if—\nthe use under the authority is only for an existing service facility; and\nthe chief executive is satisfied—\nthe use is ecologically sustainable; and\nthe use does not include carrying out substantial improvements to the existing service facility.\nan upgrade of a road that provides access to a communications tower\nthe replacement of a pipeline with a larger pipeline\nSubsection (1) applies despite sections 15 and 34 (2) , and does not limit section 35 .\nThis section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area.\nFor an Indigenous joint management area, see section 42AOA .\ns 35A ins 2013 No. 18 s 9\namd 2013 No. 55 s 126 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.35A-ssec.1) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if— the use under the authority is only for an existing service facility; and the chief executive is satisfied— the use is ecologically sustainable; and the use does not include carrying out substantial improvements to the existing service facility. an upgrade of a road that provides access to a communications tower the replacement of a pipeline with a larger pipeline\n(sec.35A-ssec.2) Subsection (1) applies despite sections 15 and 34 (2) , and does not limit section 35 .\n(sec.35A-ssec.3) This section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area. For an Indigenous joint management area, see section 42AOA .\n- (a) the use under the authority is only for an existing service facility; and\n- (b) the chief executive is satisfied— (i) the use is ecologically sustainable; and (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- (i) the use is ecologically sustainable; and\n- (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline\n- (i) the use is ecologically sustainable; and\n- (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline","sortOrder":49},{"sectionNumber":"sec.36","sectionType":"section","heading":"Authorities for new national park","content":"### sec.36 Authorities for new national park\n\nThis section applies if—\nland is dedicated as a national park; and\nimmediately before the dedication, the land was being used (the previous use ) in a way that is inconsistent with the management principles of the park.\nThe chief executive may grant an authority (a previous use authority ) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication.\nHowever, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959 , section 56 .\nA previous use authority must not be renewed.\nThis section—\napplies despite sections 15 and 34 (2) ; but\ndoes not limit sections 35 and 35A .\nThis section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area.\nFor an Indigenous joint management area, see section 42AP .\nIn this section—\nallowable term , for a previous use of a national park, means a term no longer than—\nif the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease—\nan occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility;\na stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ;\nan apiary permit under the Forestry Act 1959 , section 35 (1) (d) ;\na sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;\na lease under the Land Act 1994 ; or\notherwise—3 years after the dedication.\nauthority means an agreement or a lease, licence, permit or other authority.\nplant parts means the flowers, foliage, seeds or stems of the plant.\ns 36 ins 1994 No. 42 s 7\namd 1994 No. 81 s 527 sch 5\nsub 2000 No. 44 s 20\namd 2003 No. 96 s 19 ; 2008 No. 52 s 89 ; 2011 No. 11 s 41 ; 2013 No. 18 s 10 ; 2013 No. 55 s 127 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.36-ssec.1) This section applies if— land is dedicated as a national park; and immediately before the dedication, the land was being used (the previous use ) in a way that is inconsistent with the management principles of the park.\n(sec.36-ssec.2) The chief executive may grant an authority (a previous use authority ) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication.\n(sec.36-ssec.3) However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959 , section 56 .\n(sec.36-ssec.4) A previous use authority must not be renewed.\n(sec.36-ssec.5) This section— applies despite sections 15 and 34 (2) ; but does not limit sections 35 and 35A .\n(sec.36-ssec.5A) This section does not apply to a national park, or a part of a national park, that is an Indigenous joint management area. For an Indigenous joint management area, see section 42AP .\n(sec.36-ssec.6) In this section— allowable term , for a previous use of a national park, means a term no longer than— if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease— an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility; a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ; an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ; a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die; a lease under the Land Act 1994 ; or otherwise—3 years after the dedication. authority means an agreement or a lease, licence, permit or other authority. plant parts means the flowers, foliage, seeds or stems of the plant.\n- (a) land is dedicated as a national park; and\n- (b) immediately before the dedication, the land was being used (the previous use ) in a way that is inconsistent with the management principles of the park.\n- (a) applies despite sections 15 and 34 (2) ; but\n- (b) does not limit sections 35 and 35A .\n- (a) if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease— (i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility; (ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ; (iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ; (iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die; (v) a lease under the Land Act 1994 ; or\n- (i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility;\n- (ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ;\n- (iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ;\n- (iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;\n- (v) a lease under the Land Act 1994 ; or\n- (b) otherwise—3 years after the dedication.\n- (i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility;\n- (ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ;\n- (iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ;\n- (iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;\n- (v) a lease under the Land Act 1994 ; or","sortOrder":50},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Apiary permits for particular areas","content":"### sec.36A Apiary permits for particular areas\n\nDespite sections 15 and 137 , the chief executive may grant an apiary permit for a national park, even if the permit is inconsistent with the management strategy for the park.\nHowever, subsection (1) applies only if—\nthe apiary permit is granted for an area (an apiary area ) prescribed by regulation to be an apiary area; and\nthe granting of the permit complies with any requirements prescribed by regulation for the apiary area.\nThe Minister may recommend to the Governor in Council the making of a regulation prescribing an apiary area only if the Minister is satisfied—\nthe area—\nwas a prescribed forest reserve immediately before the commencement; and\nis to be proposed for dedication as a national park after the commencement; or\nthe area was a prescribed forest reserve before it was dedicated, or taken to be dedicated, as a national park before the commencement; or\nthe area—\nwas dedicated as a national park before the commencement; and\nis subject to a previous use authority for beekeeping activities; or\nthe area was, before the commencement, declared as a special management area (controlled action) for carrying out beekeeping activities; or\nthe area is, after the commencement, dedicated as a national park and beekeeping activities were lawfully carried out or permitted on the area immediately before the dedication; or\nthe area is, after the commencement, proposed for dedication as a national park and beekeeping activities are being lawfully carried out or are permitted on the area.\nWithout limiting subsection (2) (b) , a regulation may prescribe—\nrequirements about sites designated for the placing of beehives in an apiary area; or\nlimits on the number of sites for the apiary area or beehives for each site.\nThis section does not limit, and is not limited by, section 36 .\nThis section stops applying on 1 January 2045.\nIn this section—\napiary permit means a permit, issued or given under a regulation, to take, use, keep or interfere with a cultural or natural resource for beekeeping.\nmanagement strategy , for a national park, means any of the following for the park—\nthe management principles;\nthe interim or declared management intent;\na management plan.\nprescribed forest reserve means a forest reserve prescribed by regulation under section 184 , as in force from time to time before the commencement.\nprevious use authority see section 36 (2) .\ns 36A ins 2022 No. 21 s 25\n(sec.36A-ssec.1) Despite sections 15 and 137 , the chief executive may grant an apiary permit for a national park, even if the permit is inconsistent with the management strategy for the park.\n(sec.36A-ssec.2) However, subsection (1) applies only if— the apiary permit is granted for an area (an apiary area ) prescribed by regulation to be an apiary area; and the granting of the permit complies with any requirements prescribed by regulation for the apiary area.\n(sec.36A-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation prescribing an apiary area only if the Minister is satisfied— the area— was a prescribed forest reserve immediately before the commencement; and is to be proposed for dedication as a national park after the commencement; or the area was a prescribed forest reserve before it was dedicated, or taken to be dedicated, as a national park before the commencement; or the area— was dedicated as a national park before the commencement; and is subject to a previous use authority for beekeeping activities; or the area was, before the commencement, declared as a special management area (controlled action) for carrying out beekeeping activities; or the area is, after the commencement, dedicated as a national park and beekeeping activities were lawfully carried out or permitted on the area immediately before the dedication; or the area is, after the commencement, proposed for dedication as a national park and beekeeping activities are being lawfully carried out or are permitted on the area.\n(sec.36A-ssec.4) Without limiting subsection (2) (b) , a regulation may prescribe— requirements about sites designated for the placing of beehives in an apiary area; or limits on the number of sites for the apiary area or beehives for each site.\n(sec.36A-ssec.5) This section does not limit, and is not limited by, section 36 .\n(sec.36A-ssec.6) This section stops applying on 1 January 2045.\n(sec.36A-ssec.7) In this section— apiary permit means a permit, issued or given under a regulation, to take, use, keep or interfere with a cultural or natural resource for beekeeping. management strategy , for a national park, means any of the following for the park— the management principles; the interim or declared management intent; a management plan. prescribed forest reserve means a forest reserve prescribed by regulation under section 184 , as in force from time to time before the commencement. previous use authority see section 36 (2) .\n- (a) the apiary permit is granted for an area (an apiary area ) prescribed by regulation to be an apiary area; and\n- (b) the granting of the permit complies with any requirements prescribed by regulation for the apiary area.\n- (a) the area— (i) was a prescribed forest reserve immediately before the commencement; and (ii) is to be proposed for dedication as a national park after the commencement; or\n- (i) was a prescribed forest reserve immediately before the commencement; and\n- (ii) is to be proposed for dedication as a national park after the commencement; or\n- (b) the area was a prescribed forest reserve before it was dedicated, or taken to be dedicated, as a national park before the commencement; or\n- (c) the area— (i) was dedicated as a national park before the commencement; and (ii) is subject to a previous use authority for beekeeping activities; or\n- (i) was dedicated as a national park before the commencement; and\n- (ii) is subject to a previous use authority for beekeeping activities; or\n- (d) the area was, before the commencement, declared as a special management area (controlled action) for carrying out beekeeping activities; or\n- (e) the area is, after the commencement, dedicated as a national park and beekeeping activities were lawfully carried out or permitted on the area immediately before the dedication; or\n- (f) the area is, after the commencement, proposed for dedication as a national park and beekeeping activities are being lawfully carried out or are permitted on the area.\n- (i) was a prescribed forest reserve immediately before the commencement; and\n- (ii) is to be proposed for dedication as a national park after the commencement; or\n- (i) was dedicated as a national park before the commencement; and\n- (ii) is subject to a previous use authority for beekeeping activities; or\n- (a) requirements about sites designated for the placing of beehives in an apiary area; or\n- (b) limits on the number of sites for the apiary area or beehives for each site.\n- (a) the management principles;\n- (b) the interim or declared management intent;\n- (c) a management plan.","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Chief executive’s powers to renew existing authorities for national parks","content":"### sec.37 Chief executive’s powers to renew existing authorities for national parks\n\nIn this section—\nauthority means a lease, agreement, permit or other authority (other than an authority permitting stock grazing or the location of beehives)—\ngranted, made, issued or given under the former Act or the Land Act 1962 over, or in relation to, a national park under the former Act; and\nin force immediately before the repeal of the former Act; and\ncontinued in force under this Act.\nformer Act means the National Parks and Wildlife Act 1975 .\nThe chief executive may renew, or consent to the renewal of, an authority for the national park if the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area.\nThe authority may only be renewed for—\nif no management plan is in force for the area when the renewal is granted—not longer than 10 years; or\nif a management plan is in force for the area when the renewal is granted—the term authorised under the plan.\nThe authority may be renewed subject to the conditions the chief executive considers appropriate.\nThis section has effect despite sections 15 and 34 (2) .\ns 37 ins 1994 No. 42 s 7\namd 1995 No. 40 s 14 ; 2000 No. 44 s 39 ; 2014 No. 29 s 120 ; 2016 No. 22 s 14A\n(sec.37-ssec.1) In this section— authority means a lease, agreement, permit or other authority (other than an authority permitting stock grazing or the location of beehives)— granted, made, issued or given under the former Act or the Land Act 1962 over, or in relation to, a national park under the former Act; and in force immediately before the repeal of the former Act; and continued in force under this Act. former Act means the National Parks and Wildlife Act 1975 .\n(sec.37-ssec.2) The chief executive may renew, or consent to the renewal of, an authority for the national park if the use under the authority is prescribed under a regulation made for this section to be a permitted use for the area.\n(sec.37-ssec.3) The authority may only be renewed for— if no management plan is in force for the area when the renewal is granted—not longer than 10 years; or if a management plan is in force for the area when the renewal is granted—the term authorised under the plan.\n(sec.37-ssec.4) The authority may be renewed subject to the conditions the chief executive considers appropriate.\n(sec.37-ssec.5) This section has effect despite sections 15 and 34 (2) .\n- (a) granted, made, issued or given under the former Act or the Land Act 1962 over, or in relation to, a national park under the former Act; and\n- (b) in force immediately before the repeal of the former Act; and\n- (c) continued in force under this Act.\n- (a) if no management plan is in force for the area when the renewal is granted—not longer than 10 years; or\n- (b) if a management plan is in force for the area when the renewal is granted—the term authorised under the plan.","sortOrder":52},{"sectionNumber":"sec.37A","sectionType":"section","heading":"Leases must be registered","content":"### sec.37A Leases must be registered\n\nAs soon as practicable after a lease is granted under section 34 , 35 , 35A or 36 , or renewed under section 37 , the chief executive must lodge the lease or renewed lease with the registrar of titles for registration.\ns 37A ins 2011 No. 31 s 339\namd 2013 No. 55 s 31 ; 2021 No. 12 s 148 sch 3","sortOrder":53},{"sectionNumber":"sec.38","sectionType":"section","heading":"Leases may be granted under Land Act 1994","content":"### sec.38 Leases may be granted under Land Act 1994\n\nSubject to subsection (2) , a term lease under the Land Act 1994 may be granted over any land within a protected area as if the land were reserved and set apart under that Act for public purposes.\nThe lease must—\nbe consistent with—\nthe management principles for the area; and\nif a management plan is in effect for the area—the management plan for the area; and\nfor a lease other than a rolling term lease under the Land Act 1994 —be granted only with the consent of, and subject to the conditions decided by, the chief executive.\nThe Land Act 1994 applies to the lease to the extent that it is not inconsistent with this Act.\ns 38 amd 1994 No. 42 s 8 ; 1994 No. 81 s 527 sch 5 ; 2013 No. 55 s 32 ; 2014 No. 29 s 121 ; 2016 No. 22 s 14B\n(sec.38-ssec.1) Subject to subsection (2) , a term lease under the Land Act 1994 may be granted over any land within a protected area as if the land were reserved and set apart under that Act for public purposes.\n(sec.38-ssec.2) The lease must— be consistent with— the management principles for the area; and if a management plan is in effect for the area—the management plan for the area; and for a lease other than a rolling term lease under the Land Act 1994 —be granted only with the consent of, and subject to the conditions decided by, the chief executive.\n(sec.38-ssec.3) The Land Act 1994 applies to the lease to the extent that it is not inconsistent with this Act.\n- (a) be consistent with— (i) the management principles for the area; and (ii) if a management plan is in effect for the area—the management plan for the area; and\n- (i) the management principles for the area; and\n- (ii) if a management plan is in effect for the area—the management plan for the area; and\n- (b) for a lease other than a rolling term lease under the Land Act 1994 —be granted only with the consent of, and subject to the conditions decided by, the chief executive.\n- (i) the management principles for the area; and\n- (ii) if a management plan is in effect for the area—the management plan for the area; and","sortOrder":54},{"sectionNumber":"sec.39","sectionType":"section","heading":"Creation of interests in protected areas","content":"### sec.39 Creation of interests in protected areas\n\nDespite any other Act, an interest in land in a protected area may be created only in accordance with this Act.\ns 39 ins 1994 No. 42 s 9","sortOrder":55},{"sectionNumber":"sec.39D","sectionType":"section","heading":"Definition for sdiv 4A","content":"### sec.39D Definition for sdiv 4A\n\nIn this subdivision—\nowner , of land in the area of a conservation park or resources reserve, means the trustee appointed for the land under section 31 .\ns 39D def owner amd 2013 No. 55 s 128 ; 2016 No. 22 s 15\ns 39D ins 2011 No. 31 s 340","sortOrder":56},{"sectionNumber":"sec.39E","sectionType":"section","heading":"Chief executive may keep guidelines","content":"### sec.39E Chief executive may keep guidelines\n\nThe chief executive may keep guidelines about the making of an application under this part.\nThe Land Act 1994 , section 420B applies to the chief executive for the making of the guidelines—\nas if a reference to the chief executive in that section were a reference to the chief executive administering this Act; and\nwith other necessary changes.\ns 39E ins 2011 No. 31 s 340\n(sec.39E-ssec.1) The chief executive may keep guidelines about the making of an application under this part.\n(sec.39E-ssec.2) The Land Act 1994 , section 420B applies to the chief executive for the making of the guidelines— as if a reference to the chief executive in that section were a reference to the chief executive administering this Act; and with other necessary changes.\n- (a) as if a reference to the chief executive in that section were a reference to the chief executive administering this Act; and\n- (b) with other necessary changes.","sortOrder":57},{"sectionNumber":"sec.39F","sectionType":"section","heading":"Application for right to deal with carbon abatement products","content":"### sec.39F Application for right to deal with carbon abatement products\n\nAn owner may apply to the chief executive to be granted a right to deal with carbon abatement products on the land.\nThe application must be in the approved form.\ns 39F ins 2011 No. 31 s 340\n(sec.39F-ssec.1) An owner may apply to the chief executive to be granted a right to deal with carbon abatement products on the land.\n(sec.39F-ssec.2) The application must be in the approved form.","sortOrder":58},{"sectionNumber":"sec.39G","sectionType":"section","heading":"Deciding application","content":"### sec.39G Deciding application\n\nThe chief executive must decide whether to approve the application.\nIn deciding the application, the chief executive must consider whether the land the subject of the application will, or is likely to, be used or dealt with under this Act in a way that is inconsistent with the grant of the proposed right.\nThe chief executive may grant the application subject to conditions.\ns 39G ins 2011 No. 31 s 340\n(sec.39G-ssec.1) The chief executive must decide whether to approve the application.\n(sec.39G-ssec.2) In deciding the application, the chief executive must consider whether the land the subject of the application will, or is likely to, be used or dealt with under this Act in a way that is inconsistent with the grant of the proposed right.\n(sec.39G-ssec.3) The chief executive may grant the application subject to conditions.","sortOrder":59},{"sectionNumber":"sec.39H","sectionType":"section","heading":"Notice of decision","content":"### sec.39H Notice of decision\n\nAs soon as practicable after deciding the application, the chief executive must give written notice of the decision to the following—\nthe applicant; and\nif the chief executive approves the application—the registrar of titles.\nThe notice must state—\nthe decision; and\nif the chief executive refuses the application, or approves the application with conditions not agreed to in writing by the applicant—\nthe reasons for the decision; and\nthat the applicant may seek an internal review of the decision; and\nhow the review is started.\ns 39H ins 2011 No. 31 s 340\namd 2021 No. 12 s 148 sch 3\n(sec.39H-ssec.1) As soon as practicable after deciding the application, the chief executive must give written notice of the decision to the following— the applicant; and if the chief executive approves the application—the registrar of titles.\n(sec.39H-ssec.2) The notice must state— the decision; and if the chief executive refuses the application, or approves the application with conditions not agreed to in writing by the applicant— the reasons for the decision; and that the applicant may seek an internal review of the decision; and how the review is started.\n- (a) the applicant; and\n- (b) if the chief executive approves the application—the registrar of titles.\n- (a) the decision; and\n- (b) if the chief executive refuses the application, or approves the application with conditions not agreed to in writing by the applicant— (i) the reasons for the decision; and (ii) that the applicant may seek an internal review of the decision; and (iii) how the review is started.\n- (i) the reasons for the decision; and\n- (ii) that the applicant may seek an internal review of the decision; and\n- (iii) how the review is started.\n- (i) the reasons for the decision; and\n- (ii) that the applicant may seek an internal review of the decision; and\n- (iii) how the review is started.","sortOrder":60},{"sectionNumber":"sec.39I","sectionType":"section","heading":"Internal review of chief executive’s decision","content":"### sec.39I Internal review of chief executive’s decision\n\nThe applicant may apply to the Minister for an internal review of the chief executive’s decision.\nThe application must—\nbe made within 42 days after notice of the decision was given to the applicant, or any longer period allowed by the Minister; and\nbe written; and\ninclude details of the grounds on which the applicant seeks review of the decision.\ns 39I ins 2011 No. 31 s 340\n(sec.39I-ssec.1) The applicant may apply to the Minister for an internal review of the chief executive’s decision.\n(sec.39I-ssec.2) The application must— be made within 42 days after notice of the decision was given to the applicant, or any longer period allowed by the Minister; and be written; and include details of the grounds on which the applicant seeks review of the decision.\n- (a) be made within 42 days after notice of the decision was given to the applicant, or any longer period allowed by the Minister; and\n- (b) be written; and\n- (c) include details of the grounds on which the applicant seeks review of the decision.","sortOrder":61},{"sectionNumber":"sec.39J","sectionType":"section","heading":"Decision on reconsideration","content":"### sec.39J Decision on reconsideration\n\nAfter reviewing the decision (the original decision ), the Minister must make a further decision (the review decision ) to confirm the original decision or substitute a new decision.\nThe Minister must immediately give written notice of the review decision to—\nthe applicant; and\nif notice of the original decision was given to the registrar of titles and the Minister substitutes a new decision—the registrar of titles.\ns 39J ins 2011 No. 31 s 340\namd 2021 No. 12 s 148 sch 3\n(sec.39J-ssec.1) After reviewing the decision (the original decision ), the Minister must make a further decision (the review decision ) to confirm the original decision or substitute a new decision.\n(sec.39J-ssec.2) The Minister must immediately give written notice of the review decision to— the applicant; and if notice of the original decision was given to the registrar of titles and the Minister substitutes a new decision—the registrar of titles.\n- (a) the applicant; and\n- (b) if notice of the original decision was given to the registrar of titles and the Minister substitutes a new decision—the registrar of titles.","sortOrder":62},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Protected areas (Aboriginal land and Torres Strait Islander land) and Indigenous joint management areas","content":"## Protected areas (Aboriginal land and Torres Strait Islander land) and Indigenous joint management areas","sortOrder":63},{"sectionNumber":"sec.40","sectionType":"section","heading":"Dedication of national park as national park (Aboriginal land) or national park (Torres Strait Islander land)","content":"### sec.40 Dedication of national park as national park (Aboriginal land) or national park (Torres Strait Islander land)\n\nThis section applies to land in a national park (the national park land ) if—\nit is not in the Cape York Peninsula region, North Stradbroke Island Region or on Moreton Island; and\nit becomes Aboriginal land or Torres Strait Islander land.\nOn approval of the management statement or management plan for the national park land under section 113A or 118 , the Governor in Council must, by regulation, dedicate the national park land as national park (Aboriginal land) or national park (Torres Strait Islander land).\nDespite any other Act, a regulation under this section takes effect on the delivery of the deed of grant over the national park land to the Indigenous landholder for the land.\ns 40 amd 1994 No. 42 s 2 sch ; 2007 No. 48 s 48 ; 2011 No. 11 s 43 ; 2011 No. 26 s 113 ; 2013 No. 55 s 33 ; 2021 No. 11 s 13 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.40-ssec.1) This section applies to land in a national park (the national park land ) if— it is not in the Cape York Peninsula region, North Stradbroke Island Region or on Moreton Island; and it becomes Aboriginal land or Torres Strait Islander land.\n(sec.40-ssec.2) On approval of the management statement or management plan for the national park land under section 113A or 118 , the Governor in Council must, by regulation, dedicate the national park land as national park (Aboriginal land) or national park (Torres Strait Islander land).\n(sec.40-ssec.3) Despite any other Act, a regulation under this section takes effect on the delivery of the deed of grant over the national park land to the Indigenous landholder for the land.\n- (a) it is not in the Cape York Peninsula region, North Stradbroke Island Region or on Moreton Island; and\n- (b) it becomes Aboriginal land or Torres Strait Islander land.","sortOrder":64},{"sectionNumber":"sec.41","sectionType":"section","heading":"Dedication of Aboriginal land as national park (Aboriginal land) or Torres Strait Islander land as national park (Torres Strait Islander land)","content":"### sec.41 Dedication of Aboriginal land as national park (Aboriginal land) or Torres Strait Islander land as national park (Torres Strait Islander land)\n\nThis section applies to Aboriginal land or Torres Strait Islander land that is not a national park or included in a national park.\nIf the Indigenous landholder for the land and the Minister agree on a proposal for the lease of the land, or part of the land, to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land)—\nthe chief executive may prepare a management statement for the land; or\nthe Minister may prepare a management plan for the land.\nPart 7 applies to the management statement or management plan as if it were a management statement or management plan for a protected area.\nThe management statement or management plan must be prepared in cooperation with the Indigenous landholder, and the board of management, for the land.\nOn—\nthe signing of the lease; and\nthe approval of a management statement or management plan for the land;\nthe Governor in Council must, by regulation, dedicate the land as national park (Aboriginal land) or national park (Torres Strait Islander land).\nDespite any other Act, a regulation under this section takes effect on the registration of the lease.\ns 41 amd 1994 No. 42 s 2 sch ; 2011 No. 26 s 114 ; 2013 No. 55 ss 34 , 129 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.41-ssec.1) This section applies to Aboriginal land or Torres Strait Islander land that is not a national park or included in a national park.\n(sec.41-ssec.2) If the Indigenous landholder for the land and the Minister agree on a proposal for the lease of the land, or part of the land, to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land)— the chief executive may prepare a management statement for the land; or the Minister may prepare a management plan for the land.\n(sec.41-ssec.3) Part 7 applies to the management statement or management plan as if it were a management statement or management plan for a protected area.\n(sec.41-ssec.4) The management statement or management plan must be prepared in cooperation with the Indigenous landholder, and the board of management, for the land.\n(sec.41-ssec.5) On— the signing of the lease; and the approval of a management statement or management plan for the land; the Governor in Council must, by regulation, dedicate the land as national park (Aboriginal land) or national park (Torres Strait Islander land).\n(sec.41-ssec.6) Despite any other Act, a regulation under this section takes effect on the registration of the lease.\n- (a) the chief executive may prepare a management statement for the land; or\n- (b) the Minister may prepare a management plan for the land.\n- (a) the signing of the lease; and\n- (b) the approval of a management statement or management plan for the land;","sortOrder":65},{"sectionNumber":"sec.42","sectionType":"section","heading":"Dedication of leasehold land as national park (Aboriginal land) or national park (Torres Strait Islander land)","content":"### sec.42 Dedication of leasehold land as national park (Aboriginal land) or national park (Torres Strait Islander land)\n\nDespite the Land Act 1994 , an authorised lessee may, under this section, sublease land to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land).\nIf an authorised lessee and the Minister agree on a proposal for the sublease of land to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land)—\nthe chief executive may prepare a management statement for the land; or\nthe Minister may prepare a management plan for the land.\nPart 7 applies to the management statement or management plan as if it were a management statement or management plan for a protected area.\nThe management statement or management plan must be prepared in cooperation with the lessees of, and the board of management for, the land.\nOn—\nthe signing of a sublease; and\nthe approval of a management statement or management plan for the land;\nthe Governor in Council must, by regulation, dedicate the area as national park (Aboriginal land) or national park (Torres Strait Islander land).\nDespite any other Act, a regulation under this section takes effect on the registration of the sublease.\nIn this section—\nauthorised lessee means a lessee of land under the Land Act 1994 who the Governor in Council, by regulation, has declared to be an authorised lessee for the purpose of this section.\ns 42 amd 1994 No. 42 s 2 sch ; 2013 No. 55 ss 35 , 130\n(sec.42-ssec.1) Despite the Land Act 1994 , an authorised lessee may, under this section, sublease land to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land).\n(sec.42-ssec.2) If an authorised lessee and the Minister agree on a proposal for the sublease of land to the State for the purpose of the land being managed as a national park (Aboriginal land) or national park (Torres Strait Islander land)— the chief executive may prepare a management statement for the land; or the Minister may prepare a management plan for the land.\n(sec.42-ssec.3) Part 7 applies to the management statement or management plan as if it were a management statement or management plan for a protected area.\n(sec.42-ssec.4) The management statement or management plan must be prepared in cooperation with the lessees of, and the board of management for, the land.\n(sec.42-ssec.5) On— the signing of a sublease; and the approval of a management statement or management plan for the land; the Governor in Council must, by regulation, dedicate the area as national park (Aboriginal land) or national park (Torres Strait Islander land).\n(sec.42-ssec.6) Despite any other Act, a regulation under this section takes effect on the registration of the sublease.\n(sec.42-ssec.7) In this section— authorised lessee means a lessee of land under the Land Act 1994 who the Governor in Council, by regulation, has declared to be an authorised lessee for the purpose of this section.\n- (a) the chief executive may prepare a management statement for the land; or\n- (b) the Minister may prepare a management plan for the land.\n- (a) the signing of a sublease; and\n- (b) the approval of a management statement or management plan for the land;","sortOrder":66},{"sectionNumber":"sec.42AA","sectionType":"section","heading":"Dedication of national park as national park (Cape York Peninsula Aboriginal land)","content":"### sec.42AA Dedication of national park as national park (Cape York Peninsula Aboriginal land)\n\nThis section applies to a national park, or part of a national park, (the national park land ) if—\nthe national park land is in the Cape York Peninsula Region and becomes Aboriginal land; and\nthe Minister is satisfied an Indigenous management agreement about the management of the Aboriginal land has been entered into.\nOn the land becoming Aboriginal land, the Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).\nDespite any other Act, the dedication under the regulation is taken to have effect on the delivery of the deed of grant over the national park land to the Indigenous landholder for the land.\ns 42AA ins 2007 No. 48 s 49\namd 2011 No. 26 s 115 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AA-ssec.1) This section applies to a national park, or part of a national park, (the national park land ) if— the national park land is in the Cape York Peninsula Region and becomes Aboriginal land; and the Minister is satisfied an Indigenous management agreement about the management of the Aboriginal land has been entered into.\n(sec.42AA-ssec.2) On the land becoming Aboriginal land, the Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).\n(sec.42AA-ssec.3) Despite any other Act, the dedication under the regulation is taken to have effect on the delivery of the deed of grant over the national park land to the Indigenous landholder for the land.\n- (a) the national park land is in the Cape York Peninsula Region and becomes Aboriginal land; and\n- (b) the Minister is satisfied an Indigenous management agreement about the management of the Aboriginal land has been entered into.","sortOrder":67},{"sectionNumber":"sec.42AB","sectionType":"section","heading":"Dedication of Aboriginal land as national park (Cape York Peninsula Aboriginal land)","content":"### sec.42AB Dedication of Aboriginal land as national park (Cape York Peninsula Aboriginal land)\n\nThis section applies to Aboriginal land that is not a national park or included in a national park if—\nthe Indigenous landholder for the land has entered into an Indigenous management agreement for it; and\nthe Minister and the Indigenous landholder agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land).\nThe Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).\ns 42AB ins 2007 No. 48 s 49\namd 2011 No. 26 s 116 ; 2013 No. 55 s 131 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AB-ssec.1) This section applies to Aboriginal land that is not a national park or included in a national park if— the Indigenous landholder for the land has entered into an Indigenous management agreement for it; and the Minister and the Indigenous landholder agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land).\n(sec.42AB-ssec.2) The Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).\n- (a) the Indigenous landholder for the land has entered into an Indigenous management agreement for it; and\n- (b) the Minister and the Indigenous landholder agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land).","sortOrder":68},{"sectionNumber":"sec.42AC","sectionType":"section","heading":"Dedication of other land as national park (Cape York Peninsula Aboriginal land)","content":"### sec.42AC Dedication of other land as national park (Cape York Peninsula Aboriginal land)\n\nThis section applies to land, other than land to which section 42AB applies, that is not a national park or included in a national park if—\nunder the Aboriginal Land Act 1991 , an entity has entered into an Indigenous management agreement for the land; and\nthe Minister and the entity agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land).\nIf the land becomes Aboriginal land—\nthe grant of the land as Aboriginal land is subject to a condition that the land must become a national park (Cape York Peninsula Aboriginal land); and\nthe Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).\ns 42AC ins 2007 No. 48 s 49\namd 2011 No. 26 s 117 ; 2013 No. 55 s 132 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AC-ssec.1) This section applies to land, other than land to which section 42AB applies, that is not a national park or included in a national park if— under the Aboriginal Land Act 1991 , an entity has entered into an Indigenous management agreement for the land; and the Minister and the entity agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land).\n(sec.42AC-ssec.2) If the land becomes Aboriginal land— the grant of the land as Aboriginal land is subject to a condition that the land must become a national park (Cape York Peninsula Aboriginal land); and the Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).\n- (a) under the Aboriginal Land Act 1991 , an entity has entered into an Indigenous management agreement for the land; and\n- (b) the Minister and the entity agree that the land is to be managed as a national park (Cape York Peninsula Aboriginal land).\n- (a) the grant of the land as Aboriginal land is subject to a condition that the land must become a national park (Cape York Peninsula Aboriginal land); and\n- (b) the Minister must recommend to the Governor in Council the making of a regulation dedicating the land as a national park (Cape York Peninsula Aboriginal land).","sortOrder":69},{"sectionNumber":"sec.42AD","sectionType":"section","heading":"Leases etc. over national park (Cape York Peninsula Aboriginal land)","content":"### sec.42AD Leases etc. over national park (Cape York Peninsula Aboriginal land)\n\nA lease, agreement, licence, permit or other authority over, or in relation to, land in a national park (Cape York Peninsula Aboriginal land), other than an agreement or a licence, permit or other authority issued or given under a regulation, may be granted, made, issued or given only—\nby the chief executive with the consent of the Indigenous landholder for the land; or\nby the Indigenous landholder for the land with the consent of the chief executive.\nA lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with—\nthe management principles and any management plan for the national park (Cape York Peninsula Aboriginal land); and\nany Indigenous land use agreement for the land; and\nthe Indigenous management agreement for the land.\nIf a lease is granted under subsection (1) , the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration.\ns 42AD ins 2007 No. 48 s 49\namd 2011 No. 26 s 118 ; 2011 No. 31 s 341 ; 2013 No. 55 s 175 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AD-ssec.1) A lease, agreement, licence, permit or other authority over, or in relation to, land in a national park (Cape York Peninsula Aboriginal land), other than an agreement or a licence, permit or other authority issued or given under a regulation, may be granted, made, issued or given only— by the chief executive with the consent of the Indigenous landholder for the land; or by the Indigenous landholder for the land with the consent of the chief executive.\n(sec.42AD-ssec.2) A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with— the management principles and any management plan for the national park (Cape York Peninsula Aboriginal land); and any Indigenous land use agreement for the land; and the Indigenous management agreement for the land.\n(sec.42AD-ssec.3) If a lease is granted under subsection (1) , the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration.\n- (a) by the chief executive with the consent of the Indigenous landholder for the land; or\n- (b) by the Indigenous landholder for the land with the consent of the chief executive.\n- (a) the management principles and any management plan for the national park (Cape York Peninsula Aboriginal land); and\n- (b) any Indigenous land use agreement for the land; and\n- (c) the Indigenous management agreement for the land.","sortOrder":70},{"sectionNumber":"sec.42AE","sectionType":"section","heading":"Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land)","content":"### sec.42AE Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land)\n\nThe chief executive and the Indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land), may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—\nthe use under the authority is only for a service facility or an ecotourism facility; and\nif the use under the authority is for a service facility, the chief executive and the Indigenous landholder are satisfied—\nthe cardinal principle for the management of national parks will be observed to the greatest possible extent; and\nthe use will be in the public interest; and\nthe use is ecologically sustainable; and\nthere is no reasonably practicable alternative to the use; and\nif the use under the authority is for an ecotourism facility, the chief executive and the Indigenous landholder are satisfied—\nthe use will be in the public interest; and\nthe use is ecologically sustainable; and\nthe use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\nthe use under the authority is prescribed under a regulation made for this section to be a permitted use for the protected area.\nSubsection (1) —\nhas effect despite section 15 ; and\ndoes not limit, and is not limited by, section 42AD .\nIf a lease is granted under subsection (1) , the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration.\ns 42AE ins 2007 No. 48 s 49\namd 2011 No. 26 s 119 ; 2013 No. 18 s 11 ; 2011 No. 31 s 342 ; 2021 No. 11 s 14 ; 2021 No. 12 s 148 sch 3 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AE-ssec.1) The chief executive and the Indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land), may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if— the use under the authority is only for a service facility or an ecotourism facility; and if the use under the authority is for a service facility, the chief executive and the Indigenous landholder are satisfied— the cardinal principle for the management of national parks will be observed to the greatest possible extent; and the use will be in the public interest; and the use is ecologically sustainable; and there is no reasonably practicable alternative to the use; and if the use under the authority is for an ecotourism facility, the chief executive and the Indigenous landholder are satisfied— the use will be in the public interest; and the use is ecologically sustainable; and the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and the use under the authority is prescribed under a regulation made for this section to be a permitted use for the protected area.\n(sec.42AE-ssec.2) Subsection (1) — has effect despite section 15 ; and does not limit, and is not limited by, section 42AD .\n(sec.42AE-ssec.3) If a lease is granted under subsection (1) , the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration.\n- (a) the use under the authority is only for a service facility or an ecotourism facility; and\n- (b) if the use under the authority is for a service facility, the chief executive and the Indigenous landholder are satisfied— (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and (ii) the use will be in the public interest; and (iii) the use is ecologically sustainable; and (iv) there is no reasonably practicable alternative to the use; and\n- (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and\n- (ii) the use will be in the public interest; and\n- (iii) the use is ecologically sustainable; and\n- (iv) there is no reasonably practicable alternative to the use; and\n- (c) if the use under the authority is for an ecotourism facility, the chief executive and the Indigenous landholder are satisfied— (i) the use will be in the public interest; and (ii) the use is ecologically sustainable; and (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\n- (i) the use will be in the public interest; and\n- (ii) the use is ecologically sustainable; and\n- (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\n- (d) the use under the authority is prescribed under a regulation made for this section to be a permitted use for the protected area.\n- (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and\n- (ii) the use will be in the public interest; and\n- (iii) the use is ecologically sustainable; and\n- (iv) there is no reasonably practicable alternative to the use; and\n- (i) the use will be in the public interest; and\n- (ii) the use is ecologically sustainable; and\n- (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\n- (a) has effect despite section 15 ; and\n- (b) does not limit, and is not limited by, section 42AD .","sortOrder":71},{"sectionNumber":"sec.42AEA","sectionType":"section","heading":"Particular powers about permitted uses for existing service facilities in national park (Cape York Peninsula Aboriginal land)","content":"### sec.42AEA Particular powers about permitted uses for existing service facilities in national park (Cape York Peninsula Aboriginal land)\n\nThe chief executive and the Indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land) may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—\nthe use under the authority is only for an existing service facility; and\nthe chief executive and the Indigenous landholder are satisfied—\nthe use is ecologically sustainable; and\nthe use does not include carrying out substantial improvements to the existing service facility.\nan upgrade of a road that provides access to a communications tower\nthe replacement of a pipeline with a larger pipeline\nSubsection (1) applies despite sections 15 and 42AD (2) , and does not limit section 42AE .\nAs soon as practicable after a lease is granted under subsection (1) , the chief executive must lodge the lease with the registrar of titles for registration.\ns 42AEA ins 2013 No. 18 s 12\namd 2013 No. 55 ss 36 , 133 ; 2021 No. 12 s 148 sch 3 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AEA-ssec.1) The chief executive and the Indigenous landholder for land in a national park (Cape York Peninsula Aboriginal land) may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if— the use under the authority is only for an existing service facility; and the chief executive and the Indigenous landholder are satisfied— the use is ecologically sustainable; and the use does not include carrying out substantial improvements to the existing service facility. an upgrade of a road that provides access to a communications tower the replacement of a pipeline with a larger pipeline\n(sec.42AEA-ssec.2) Subsection (1) applies despite sections 15 and 42AD (2) , and does not limit section 42AE .\n(sec.42AEA-ssec.3) As soon as practicable after a lease is granted under subsection (1) , the chief executive must lodge the lease with the registrar of titles for registration.\n- (a) the use under the authority is only for an existing service facility; and\n- (b) the chief executive and the Indigenous landholder are satisfied— (i) the use is ecologically sustainable; and (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- (i) the use is ecologically sustainable; and\n- (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline\n- (i) the use is ecologically sustainable; and\n- (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline","sortOrder":72},{"sectionNumber":"sec.42AF","sectionType":"section","heading":"Revocation of national park (Cape York Peninsula Aboriginal land)","content":"### sec.42AF Revocation of national park (Cape York Peninsula Aboriginal land)\n\nA regulation may revoke the dedication of all or a part of a national park (Cape York Peninsula Aboriginal land) if the land in the national park or the part of the national park has been surrendered to the State.\nThe regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\ns 42AF ins 2011 No. 26 s 120\n(sec.42AF-ssec.1) A regulation may revoke the dedication of all or a part of a national park (Cape York Peninsula Aboriginal land) if the land in the national park or the part of the national park has been surrendered to the State.\n(sec.42AF-ssec.2) The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.","sortOrder":73},{"sectionNumber":"sec.42AG","sectionType":"section","heading":"Purpose of subdivision","content":"### sec.42AG Purpose of subdivision\n\nThe purpose of this subdivision is to provide for the declaration of prescribed protected areas situated in the North Stradbroke Island Region or on Moreton Island as Indigenous joint management areas.\ns 42AG ins 2011 No. 11 s 44\nsub 2021 No. 11 s 15\namd 2024 No. 17 s 192 sch 1 pt 3","sortOrder":74},{"sectionNumber":"sec.42AH","sectionType":"section","heading":"Declaration of a prescribed protected area as Indigenous joint management area","content":"### sec.42AH Declaration of a prescribed protected area as Indigenous joint management area\n\nThis section applies to land in a prescribed protected area (the protected area land ) if—\nthe protected area land is—\nin the North Stradbroke Island Region; or\non Moreton Island; and\nthe protected area land becomes Aboriginal land; and\nthe Minister is satisfied an Indigenous management agreement about the management of the Aboriginal land has been entered into.\nOn the land becoming Aboriginal land, the Minister must recommend to the Governor in Council the making of a regulation declaring the protected area land as an Indigenous joint management area.\nDespite any other Act, the declaration under the regulation is taken to have effect on the delivery of the deed of grant over the protected area land to the Indigenous landholder for the land.\ns 42AH ins 2011 No. 11 s 44\namd 2021 No. 11 s 16 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AH-ssec.1) This section applies to land in a prescribed protected area (the protected area land ) if— the protected area land is— in the North Stradbroke Island Region; or on Moreton Island; and the protected area land becomes Aboriginal land; and the Minister is satisfied an Indigenous management agreement about the management of the Aboriginal land has been entered into.\n(sec.42AH-ssec.2) On the land becoming Aboriginal land, the Minister must recommend to the Governor in Council the making of a regulation declaring the protected area land as an Indigenous joint management area.\n(sec.42AH-ssec.3) Despite any other Act, the declaration under the regulation is taken to have effect on the delivery of the deed of grant over the protected area land to the Indigenous landholder for the land.\n- (a) the protected area land is— (i) in the North Stradbroke Island Region; or (ii) on Moreton Island; and\n- (i) in the North Stradbroke Island Region; or\n- (ii) on Moreton Island; and\n- (b) the protected area land becomes Aboriginal land; and\n- (c) the Minister is satisfied an Indigenous management agreement about the management of the Aboriginal land has been entered into.\n- (i) in the North Stradbroke Island Region; or\n- (ii) on Moreton Island; and","sortOrder":75},{"sectionNumber":"sec.42AI","sectionType":"section","heading":"Declaration of Aboriginal land as Indigenous joint management area","content":"### sec.42AI Declaration of Aboriginal land as Indigenous joint management area\n\nThis section applies to Aboriginal land that is not a prescribed protected area or included in a prescribed protected area if—\nthe land is—\nin the North Stradbroke Island Region; or\non Moreton Island; and\nthe Indigenous landholder for the land has entered into an Indigenous management agreement for it; and\nthe Minister and the Indigenous landholder agree that the land is to be managed as an Indigenous joint management area.\nThe Minister must recommend to the Governor in Council the making of a regulation—\ndedicating the land as a prescribed protected area; and\ndeclaring the land as an Indigenous joint management area.\ns 42AI ins 2011 No. 11 s 44\namd 2013 No. 55 s 134 ; 2021 No. 11 s 17 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AI-ssec.1) This section applies to Aboriginal land that is not a prescribed protected area or included in a prescribed protected area if— the land is— in the North Stradbroke Island Region; or on Moreton Island; and the Indigenous landholder for the land has entered into an Indigenous management agreement for it; and the Minister and the Indigenous landholder agree that the land is to be managed as an Indigenous joint management area.\n(sec.42AI-ssec.2) The Minister must recommend to the Governor in Council the making of a regulation— dedicating the land as a prescribed protected area; and declaring the land as an Indigenous joint management area.\n- (a) the land is— (i) in the North Stradbroke Island Region; or (ii) on Moreton Island; and\n- (i) in the North Stradbroke Island Region; or\n- (ii) on Moreton Island; and\n- (b) the Indigenous landholder for the land has entered into an Indigenous management agreement for it; and\n- (c) the Minister and the Indigenous landholder agree that the land is to be managed as an Indigenous joint management area.\n- (i) in the North Stradbroke Island Region; or\n- (ii) on Moreton Island; and\n- (a) dedicating the land as a prescribed protected area; and\n- (b) declaring the land as an Indigenous joint management area.","sortOrder":76},{"sectionNumber":"sec.42AJ","sectionType":"section","heading":"Declaration of other land as an Indigenous joint management area","content":"### sec.42AJ Declaration of other land as an Indigenous joint management area\n\nThis section applies to land in the North Stradbroke Island Region, other than land to which section 42AI applies, that is not a prescribed protected area or included in a prescribed protected area if—\nunder the Aboriginal Land Act 1991 , an entity has entered into an Indigenous management agreement for the land; and\nthe Minister and the entity agree that the land is to be managed as an Indigenous joint management area.\nIf the land becomes Aboriginal land—\nthe grant of the land as Aboriginal land is subject to a condition that the land must become—\na prescribed protected area; and\nan Indigenous joint management area; and\nthe Minister must recommend to the Governor in Council the making of a regulation—\ndedicating the land as a prescribed protected area; and\ndeclaring the land as an Indigenous joint management area.\ns 42AJ ins 2011 No. 11 s 44\namd 2013 No. 55 s 135 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AJ-ssec.1) This section applies to land in the North Stradbroke Island Region, other than land to which section 42AI applies, that is not a prescribed protected area or included in a prescribed protected area if— under the Aboriginal Land Act 1991 , an entity has entered into an Indigenous management agreement for the land; and the Minister and the entity agree that the land is to be managed as an Indigenous joint management area.\n(sec.42AJ-ssec.2) If the land becomes Aboriginal land— the grant of the land as Aboriginal land is subject to a condition that the land must become— a prescribed protected area; and an Indigenous joint management area; and the Minister must recommend to the Governor in Council the making of a regulation— dedicating the land as a prescribed protected area; and declaring the land as an Indigenous joint management area.\n- (a) under the Aboriginal Land Act 1991 , an entity has entered into an Indigenous management agreement for the land; and\n- (b) the Minister and the entity agree that the land is to be managed as an Indigenous joint management area.\n- (a) the grant of the land as Aboriginal land is subject to a condition that the land must become— (i) a prescribed protected area; and (ii) an Indigenous joint management area; and\n- (i) a prescribed protected area; and\n- (ii) an Indigenous joint management area; and\n- (b) the Minister must recommend to the Governor in Council the making of a regulation— (i) dedicating the land as a prescribed protected area; and (ii) declaring the land as an Indigenous joint management area.\n- (i) dedicating the land as a prescribed protected area; and\n- (ii) declaring the land as an Indigenous joint management area.\n- (i) a prescribed protected area; and\n- (ii) an Indigenous joint management area; and\n- (i) dedicating the land as a prescribed protected area; and\n- (ii) declaring the land as an Indigenous joint management area.","sortOrder":77},{"sectionNumber":"sec.42AK","sectionType":"section","heading":"Revocation of dedication of protected area or declaration of Indigenous joint management areas","content":"### sec.42AK Revocation of dedication of protected area or declaration of Indigenous joint management areas\n\nA regulation may—\nrevoke the dedication of a protected area, or part of a protected area, that is an Indigenous joint management area; or\nrevoke the declaration of all or a part of an Indigenous joint management area;\nonly if the land the subject of the revocation has been surrendered to the State.\nA regulation under subsection (1) (a) may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\ns 42AK ins 2011 No. 11 s 44\namd 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AK-ssec.1) A regulation may— revoke the dedication of a protected area, or part of a protected area, that is an Indigenous joint management area; or revoke the declaration of all or a part of an Indigenous joint management area; only if the land the subject of the revocation has been surrendered to the State.\n(sec.42AK-ssec.2) A regulation under subsection (1) (a) may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\n- (a) revoke the dedication of a protected area, or part of a protected area, that is an Indigenous joint management area; or\n- (b) revoke the declaration of all or a part of an Indigenous joint management area;","sortOrder":78},{"sectionNumber":"sec.42AL","sectionType":"section","heading":"Amalgamation etc. of protected areas that are Indigenous joint management areas","content":"### sec.42AL Amalgamation etc. of protected areas that are Indigenous joint management areas\n\nThis section applies only to protected areas that are Indigenous joint management areas.\nThe Governor in Council may, by regulation—\namalgamate protected areas of the same class, and assign a name to the amalgamated area; or\nchange the class of a protected area by dedicating the area as another class of protected area; or\nchange the boundaries of a protected area.\nIf, because of the change in the class of a protected area, the area will be given less protection under this Act, the regulation may be made—\nonly with the consent of the Indigenous landholder for the land; and\nonly if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\nIf, because of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act), the regulation may be made only if—\nthe land to be removed has been surrendered to the State; and\nthe Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\nThis section applies despite section 42AK .\ns 42AL ins 2011 No. 11 s 44\namd 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AL-ssec.1) This section applies only to protected areas that are Indigenous joint management areas.\n(sec.42AL-ssec.2) The Governor in Council may, by regulation— amalgamate protected areas of the same class, and assign a name to the amalgamated area; or change the class of a protected area by dedicating the area as another class of protected area; or change the boundaries of a protected area.\n(sec.42AL-ssec.3) If, because of the change in the class of a protected area, the area will be given less protection under this Act, the regulation may be made— only with the consent of the Indigenous landholder for the land; and only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\n(sec.42AL-ssec.4) If, because of the change in the boundaries of a protected area, land will be removed from the area (other than for the purpose of dedicating the removed land as land with the same or a higher level of protection under this Act), the regulation may be made only if— the land to be removed has been surrendered to the State; and the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\n(sec.42AL-ssec.5) This section applies despite section 42AK .\n- (a) amalgamate protected areas of the same class, and assign a name to the amalgamated area; or\n- (b) change the class of a protected area by dedicating the area as another class of protected area; or\n- (c) change the boundaries of a protected area.\n- (a) only with the consent of the Indigenous landholder for the land; and\n- (b) only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\n- (a) the land to be removed has been surrendered to the State; and\n- (b) the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.","sortOrder":79},{"sectionNumber":"sec.42AM","sectionType":"section","heading":"Effect of revocation of prescribed protected area on Indigenous joint management area","content":"### sec.42AM Effect of revocation of prescribed protected area on Indigenous joint management area\n\nThis section applies if—\nthe dedication of a prescribed protected area, or part of a prescribed protected area, that is an Indigenous joint management area is revoked under this Act; or\na prescribed protected area, or part of a prescribed protected area, that is an Indigenous joint management area is removed under section 42AL (2) .\nOn the revocation of the dedication of, or the removal of, the prescribed protected area or part—\nif the area or part is dedicated as another class of prescribed protected area—the declaration of the Indigenous joint management area continues in force; or\notherwise—the declaration of the Indigenous joint management area for the protected area or part is taken to have been revoked.\ns 42AM ins 2011 No. 11 s 44\namd 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AM-ssec.1) This section applies if— the dedication of a prescribed protected area, or part of a prescribed protected area, that is an Indigenous joint management area is revoked under this Act; or a prescribed protected area, or part of a prescribed protected area, that is an Indigenous joint management area is removed under section 42AL (2) .\n(sec.42AM-ssec.2) On the revocation of the dedication of, or the removal of, the prescribed protected area or part— if the area or part is dedicated as another class of prescribed protected area—the declaration of the Indigenous joint management area continues in force; or otherwise—the declaration of the Indigenous joint management area for the protected area or part is taken to have been revoked.\n- (a) the dedication of a prescribed protected area, or part of a prescribed protected area, that is an Indigenous joint management area is revoked under this Act; or\n- (b) a prescribed protected area, or part of a prescribed protected area, that is an Indigenous joint management area is removed under section 42AL (2) .\n- (a) if the area or part is dedicated as another class of prescribed protected area—the declaration of the Indigenous joint management area continues in force; or\n- (b) otherwise—the declaration of the Indigenous joint management area for the protected area or part is taken to have been revoked.","sortOrder":80},{"sectionNumber":"sec.42AN","sectionType":"section","heading":"Leases etc. over land in Indigenous joint management area","content":"### sec.42AN Leases etc. over land in Indigenous joint management area\n\nA lease, agreement, licence, permit or other authority over, or in relation to, land in an Indigenous joint management area, other than an agreement or a licence, permit or other authority issued or given under a regulation, may be granted, made, issued or given only—\nby the chief executive with the consent of the Indigenous landholder for the land; or\nby the Indigenous landholder for the land with the consent of the chief executive.\nA lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with—\nthe management principles and any management plan for the Indigenous joint management area; and\nany Indigenous land use agreement for the land; and\nthe Indigenous management agreement for the land.\nIf a lease is granted under subsection (1) , the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration.\ns 42AN ins 2011 No. 11 s 44\namd 2011 No. 31 s 343 ; 2013 No. 55 s 175 sch 1 pt 1 ; 2021 No. 12 s 148 sch 3 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AN-ssec.1) A lease, agreement, licence, permit or other authority over, or in relation to, land in an Indigenous joint management area, other than an agreement or a licence, permit or other authority issued or given under a regulation, may be granted, made, issued or given only— by the chief executive with the consent of the Indigenous landholder for the land; or by the Indigenous landholder for the land with the consent of the chief executive.\n(sec.42AN-ssec.2) A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with— the management principles and any management plan for the Indigenous joint management area; and any Indigenous land use agreement for the land; and the Indigenous management agreement for the land.\n(sec.42AN-ssec.3) If a lease is granted under subsection (1) , the chief executive must, as soon as practicable after the grant, lodge the lease with the registrar of titles for registration.\n- (a) by the chief executive with the consent of the Indigenous landholder for the land; or\n- (b) by the Indigenous landholder for the land with the consent of the chief executive.\n- (a) the management principles and any management plan for the Indigenous joint management area; and\n- (b) any Indigenous land use agreement for the land; and\n- (c) the Indigenous management agreement for the land.","sortOrder":81},{"sectionNumber":"sec.42AO","sectionType":"section","heading":"Particular powers about permitted uses on land in particular Indigenous joint management areas","content":"### sec.42AO Particular powers about permitted uses on land in particular Indigenous joint management areas\n\nThe chief executive and the Indigenous landholder for land in a national park, or part of a national park, that is an Indigenous joint management area, may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—\nthe use under the authority is only for a service facility or an ecotourism facility; and\nif the use under the authority is for a service facility, the chief executive and the Indigenous landholder are satisfied—\nthe cardinal principle for the management of national parks will be observed to the greatest possible extent; and\nthe use will be in the public interest; and\nthe use is ecologically sustainable; and\nthere is no reasonably practicable alternative to the use; and\nif the use under the authority is for an ecotourism facility, the chief executive and the Indigenous landholder are satisfied—\nthe use will be in the public interest; and\nthe use is ecologically sustainable; and\nthe use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\nthe use under the authority is prescribed under a regulation made for this section to be a permitted use for the Indigenous joint management area.\nSubsection (1) —\nhas effect despite section 15 ; and\ndoes not limit, and is not limited by, section 42AN .\nAs soon as practicable after a lease is granted under subsection (1) , the chief executive must lodge the lease with the registrar of titles for registration.\ns 42AO ins 2011 No. 11 s 44\namd 2013 No. 18 s 13 ; 2013 No. 55 ss 37 , 136 ; 2021 No. 11 s 18 ; 2021 No. 12 s 148 sch 3 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AO-ssec.1) The chief executive and the Indigenous landholder for land in a national park, or part of a national park, that is an Indigenous joint management area, may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if— the use under the authority is only for a service facility or an ecotourism facility; and if the use under the authority is for a service facility, the chief executive and the Indigenous landholder are satisfied— the cardinal principle for the management of national parks will be observed to the greatest possible extent; and the use will be in the public interest; and the use is ecologically sustainable; and there is no reasonably practicable alternative to the use; and if the use under the authority is for an ecotourism facility, the chief executive and the Indigenous landholder are satisfied— the use will be in the public interest; and the use is ecologically sustainable; and the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and the use under the authority is prescribed under a regulation made for this section to be a permitted use for the Indigenous joint management area.\n(sec.42AO-ssec.2) Subsection (1) — has effect despite section 15 ; and does not limit, and is not limited by, section 42AN .\n(sec.42AO-ssec.3) As soon as practicable after a lease is granted under subsection (1) , the chief executive must lodge the lease with the registrar of titles for registration.\n- (a) the use under the authority is only for a service facility or an ecotourism facility; and\n- (b) if the use under the authority is for a service facility, the chief executive and the Indigenous landholder are satisfied— (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and (ii) the use will be in the public interest; and (iii) the use is ecologically sustainable; and (iv) there is no reasonably practicable alternative to the use; and\n- (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and\n- (ii) the use will be in the public interest; and\n- (iii) the use is ecologically sustainable; and\n- (iv) there is no reasonably practicable alternative to the use; and\n- (c) if the use under the authority is for an ecotourism facility, the chief executive and the Indigenous landholder are satisfied— (i) the use will be in the public interest; and (ii) the use is ecologically sustainable; and (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\n- (i) the use will be in the public interest; and\n- (ii) the use is ecologically sustainable; and\n- (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\n- (d) the use under the authority is prescribed under a regulation made for this section to be a permitted use for the Indigenous joint management area.\n- (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and\n- (ii) the use will be in the public interest; and\n- (iii) the use is ecologically sustainable; and\n- (iv) there is no reasonably practicable alternative to the use; and\n- (i) the use will be in the public interest; and\n- (ii) the use is ecologically sustainable; and\n- (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and\n- (a) has effect despite section 15 ; and\n- (b) does not limit, and is not limited by, section 42AN .","sortOrder":82},{"sectionNumber":"sec.42AOA","sectionType":"section","heading":"Particular powers about permitted uses for existing service facilities on land in particular Indigenous joint management areas","content":"### sec.42AOA Particular powers about permitted uses for existing service facilities on land in particular Indigenous joint management areas\n\nThe chief executive and the Indigenous landholder for land in a national park, or part of a national park, that is an Indigenous joint management area, may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if—\nthe use under the authority is only for an existing service facility; and\nthe chief executive and the Indigenous landholder are satisfied—\nthe use is ecologically sustainable; and\nthe use does not include carrying out substantial improvements to the existing service facility.\nan upgrade of a road that provides access to a communications tower\nthe replacement of a pipeline with a larger pipeline\nSubsection (1) applies despite sections 15 and 42AN (2) , and does not limit section 42AO .\nAs soon as practicable after a lease is granted under subsection (1) , the chief executive must lodge the lease with the registrar of titles for registration.\ns 42AOA ins 2013 No. 18 s 14\namd 2013 No. 55 ss 38 , 137 ; 2021 No. 12 s 148 sch 3 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AOA-ssec.1) The chief executive and the Indigenous landholder for land in a national park, or part of a national park, that is an Indigenous joint management area, may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, the land if— the use under the authority is only for an existing service facility; and the chief executive and the Indigenous landholder are satisfied— the use is ecologically sustainable; and the use does not include carrying out substantial improvements to the existing service facility. an upgrade of a road that provides access to a communications tower the replacement of a pipeline with a larger pipeline\n(sec.42AOA-ssec.2) Subsection (1) applies despite sections 15 and 42AN (2) , and does not limit section 42AO .\n(sec.42AOA-ssec.3) As soon as practicable after a lease is granted under subsection (1) , the chief executive must lodge the lease with the registrar of titles for registration.\n- (a) the use under the authority is only for an existing service facility; and\n- (b) the chief executive and the Indigenous landholder are satisfied— (i) the use is ecologically sustainable; and (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- (i) the use is ecologically sustainable; and\n- (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline\n- (i) the use is ecologically sustainable; and\n- (ii) the use does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline","sortOrder":83},{"sectionNumber":"sec.42AP","sectionType":"section","heading":"Authorities for new national park that is an Indigenous joint management area","content":"### sec.42AP Authorities for new national park that is an Indigenous joint management area\n\nThis section applies if—\nland is, or is part of, an Indigenous joint management area; and\nthe land is dedicated as a national park; and\nimmediately before the dedication, the land was being used (the previous use ) in a way that is inconsistent with the management principles of the park.\nThe chief executive and the Indigenous landholder for land in the national park, or a part of the national park, that is an Indigenous joint management area, may grant an authority (a previous use authority ) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication.\nHowever, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959 , section 56 .\nA previous use authority must not be renewed.\nThis section applies despite sections 15 and 42AN (2) , and does not limit sections 42AO and 42AOA .\nIn this section—\nallowable term , in relation to a previous use authority, means a term no longer than—\nif the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease—\nan occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility;\na stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ;\nan apiary permit under the Forestry Act 1959 , section 35 (1) (d) ;\na sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;\na lease under the Land Act 1994 ; or\notherwise—3 years after the dedication.\nauthority means an agreement or a lease, licence, permit or other authority.\nplant parts means the flowers, foliage, seeds or stems of the plant.\ns 42AP ins 2011 No. 11 s 44\namd 2013 No. 18 s 15 ; 2013 No. 5 s 138 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AP-ssec.1) This section applies if— land is, or is part of, an Indigenous joint management area; and the land is dedicated as a national park; and immediately before the dedication, the land was being used (the previous use ) in a way that is inconsistent with the management principles of the park.\n(sec.42AP-ssec.2) The chief executive and the Indigenous landholder for land in the national park, or a part of the national park, that is an Indigenous joint management area, may grant an authority (a previous use authority ) over, or in relation to, the land to allow the previous use to continue for no more than the allowable term after the dedication.\n(sec.42AP-ssec.3) However, a previous use authority must not be granted for a national park if the previous use was under a sales permit under the Forestry Act 1959 , section 56 .\n(sec.42AP-ssec.4) A previous use authority must not be renewed.\n(sec.42AP-ssec.5) This section applies despite sections 15 and 42AN (2) , and does not limit sections 42AO and 42AOA .\n(sec.42AP-ssec.6) In this section— allowable term , in relation to a previous use authority, means a term no longer than— if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease— an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility; a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ; an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ; a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die; a lease under the Land Act 1994 ; or otherwise—3 years after the dedication. authority means an agreement or a lease, licence, permit or other authority. plant parts means the flowers, foliage, seeds or stems of the plant.\n- (a) land is, or is part of, an Indigenous joint management area; and\n- (b) the land is dedicated as a national park; and\n- (c) immediately before the dedication, the land was being used (the previous use ) in a way that is inconsistent with the management principles of the park.\n- (a) if the previous use was under a permit or lease as follows, the term that is the unexpired term of the permit or lease— (i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility; (ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ; (iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ; (iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die; (v) a lease under the Land Act 1994 ; or\n- (i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility;\n- (ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ;\n- (iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ;\n- (iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;\n- (v) a lease under the Land Act 1994 ; or\n- (b) otherwise—3 years after the dedication.\n- (i) an occupation permit under the Forestry Act 1959 , section 35 (1) (a) under which the right of occupation is only for a service facility;\n- (ii) a stock grazing permit under the Forestry Act 1959 , section 35 (1) (c) ;\n- (iii) an apiary permit under the Forestry Act 1959 , section 35 (1) (d) ;\n- (iv) a sales permit under the Forestry Act 1959 , section 56 , for the taking of plant parts if it does not authorise cutting or pruning of plants so severely that the plant is likely to die;\n- (v) a lease under the Land Act 1994 ; or","sortOrder":84},{"sectionNumber":"sec.42AQ","sectionType":"section","heading":"Chief executive to lodge document for dedication, declaration or change","content":"### sec.42AQ Chief executive to lodge document for dedication, declaration or change\n\nThis section applies if a regulation is made for—\nthe dedication or declaration of the following under this division—\na national park (Aboriginal land);\na national park (Torres Strait Islander land);\na national park (Cape York Peninsula Aboriginal land);\nan Indigenous joint management area; or\nthe revocation, amalgamation or other change to an Indigenous joint management area under subdivision 3 .\nThe chief executive must lodge for registration with the registrar of titles a document evidencing the matter the subject of the regulation.\nThe document must—\nbe lodged as soon as practicable after the dedication, declaration, revocation, amalgamation or change is made; and\ncomply with any requirements of the registrar of titles.\nIf the dedication, declaration, revocation, amalgamation or other change mentioned in subsection (1) affects a part of a lot with the meaning of the Land Act 1994 , the document must be accompanied by a plan of subdivision for the change.\ns 42AQ ins 2011 No. 31 s 344\namd 2021 No. 12 s 148 sch 3 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42AQ-ssec.1) This section applies if a regulation is made for— the dedication or declaration of the following under this division— a national park (Aboriginal land); a national park (Torres Strait Islander land); a national park (Cape York Peninsula Aboriginal land); an Indigenous joint management area; or the revocation, amalgamation or other change to an Indigenous joint management area under subdivision 3 .\n(sec.42AQ-ssec.2) The chief executive must lodge for registration with the registrar of titles a document evidencing the matter the subject of the regulation.\n(sec.42AQ-ssec.3) The document must— be lodged as soon as practicable after the dedication, declaration, revocation, amalgamation or change is made; and comply with any requirements of the registrar of titles.\n(sec.42AQ-ssec.4) If the dedication, declaration, revocation, amalgamation or other change mentioned in subsection (1) affects a part of a lot with the meaning of the Land Act 1994 , the document must be accompanied by a plan of subdivision for the change.\n- (a) the dedication or declaration of the following under this division— (i) a national park (Aboriginal land); (ii) a national park (Torres Strait Islander land); (iii) a national park (Cape York Peninsula Aboriginal land); (iv) an Indigenous joint management area; or\n- (i) a national park (Aboriginal land);\n- (ii) a national park (Torres Strait Islander land);\n- (iii) a national park (Cape York Peninsula Aboriginal land);\n- (iv) an Indigenous joint management area; or\n- (b) the revocation, amalgamation or other change to an Indigenous joint management area under subdivision 3 .\n- (i) a national park (Aboriginal land);\n- (ii) a national park (Torres Strait Islander land);\n- (iii) a national park (Cape York Peninsula Aboriginal land);\n- (iv) an Indigenous joint management area; or\n- (a) be lodged as soon as practicable after the dedication, declaration, revocation, amalgamation or change is made; and\n- (b) comply with any requirements of the registrar of titles.","sortOrder":85},{"sectionNumber":"sec.42AR","sectionType":"section","heading":null,"content":"### Section sec.42AR\n\ns 42AR ins 2011 No. 31 s 344\nom 2013 No. 55 s 39","sortOrder":86},{"sectionNumber":"pt.4-div.3A","sectionType":"division","heading":"Special management areas (controlled action)","content":"## Special management areas (controlled action)","sortOrder":87},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Declaration of special management area (controlled action)","content":"### sec.42A Declaration of special management area (controlled action)\n\nThe chief executive may, by notice, declare a prescribed national park, or part of a prescribed national park, as a special management area (controlled action) to allow activities of a type, or for a purpose, stated in—\nsection 17 (1A) (a) ; or\nsection 17 (1A) (b) ; or\nsection 17 (1A) (a) and (b) .\nHowever, if the prescribed national park is a national park (Cape York Peninsula Aboriginal land), the chief executive may only declare the special management area (controlled action) with the consent of the Indigenous landholder for the land.\nThe notice declaring the special management area (controlled action) must—\nbe erected or displayed at the entrance of the prescribed national park or part of the prescribed national park declared as a special management area (controlled action); and\nbe easily visible to passers-by; and\nidentify the limits of the area to which the notice applies; and\nstate the prescribed activities that may be carried out in the special management area (controlled action).\nWhen the notice is erected or displayed, the chief executive must publish—\na copy of the notice on the department’s website; and\na notice in the gazette about the declaration of the special management area (controlled action).\nIn this section—\nprescribed activities means the activities of a kind, or for a purpose, mentioned in section 17 (1A) for which the special management area (controlled action) was declared.\nprescribed national park means—\na national park; or\na national park (Aboriginal land); or\na national park (Torres Strait Islander land); or\na national park (Cape York Peninsula Aboriginal land).\ns 42A ins 2000 No. 44 s 22\nsub 2013 No. 55 s 139\namd 2016 No. 22 s 17 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.42A-ssec.1) The chief executive may, by notice, declare a prescribed national park, or part of a prescribed national park, as a special management area (controlled action) to allow activities of a type, or for a purpose, stated in— section 17 (1A) (a) ; or section 17 (1A) (b) ; or section 17 (1A) (a) and (b) .\n(sec.42A-ssec.1A) However, if the prescribed national park is a national park (Cape York Peninsula Aboriginal land), the chief executive may only declare the special management area (controlled action) with the consent of the Indigenous landholder for the land.\n(sec.42A-ssec.2) The notice declaring the special management area (controlled action) must— be erected or displayed at the entrance of the prescribed national park or part of the prescribed national park declared as a special management area (controlled action); and be easily visible to passers-by; and identify the limits of the area to which the notice applies; and state the prescribed activities that may be carried out in the special management area (controlled action).\n(sec.42A-ssec.3) When the notice is erected or displayed, the chief executive must publish— a copy of the notice on the department’s website; and a notice in the gazette about the declaration of the special management area (controlled action).\n(sec.42A-ssec.4) In this section— prescribed activities means the activities of a kind, or for a purpose, mentioned in section 17 (1A) for which the special management area (controlled action) was declared. prescribed national park means— a national park; or a national park (Aboriginal land); or a national park (Torres Strait Islander land); or a national park (Cape York Peninsula Aboriginal land).\n- (a) section 17 (1A) (a) ; or\n- (b) section 17 (1A) (b) ; or\n- (c) section 17 (1A) (a) and (b) .\n- (a) be erected or displayed at the entrance of the prescribed national park or part of the prescribed national park declared as a special management area (controlled action); and\n- (b) be easily visible to passers-by; and\n- (c) identify the limits of the area to which the notice applies; and\n- (d) state the prescribed activities that may be carried out in the special management area (controlled action).\n- (a) a copy of the notice on the department’s website; and\n- (b) a notice in the gazette about the declaration of the special management area (controlled action).\n- (a) a national park; or\n- (b) a national park (Aboriginal land); or\n- (c) a national park (Torres Strait Islander land); or\n- (d) a national park (Cape York Peninsula Aboriginal land).","sortOrder":88},{"sectionNumber":"sec.42B","sectionType":"section","heading":"When declaration of special management area (controlled action) ends","content":"### sec.42B When declaration of special management area (controlled action) ends\n\nA declaration made under section 42A (1) ends on the day the chief executive removes the notice declaring the special management area (controlled action).\nWhen the notice is removed, the chief executive must—\nremove the copy of the notice on the department’s website; and\npublish a notice in the gazette about the ending of the declaration of the special management area (controlled action).\ns 42B ins 2000 No. 44 s 22\nsub 2013 No. 55 s 139\namd 2016 No. 22 s 18\n(sec.42B-ssec.1) A declaration made under section 42A (1) ends on the day the chief executive removes the notice declaring the special management area (controlled action).\n(sec.42B-ssec.2) When the notice is removed, the chief executive must— remove the copy of the notice on the department’s website; and publish a notice in the gazette about the ending of the declaration of the special management area (controlled action).\n- (a) remove the copy of the notice on the department’s website; and\n- (b) publish a notice in the gazette about the ending of the declaration of the special management area (controlled action).","sortOrder":89},{"sectionNumber":"sec.42C","sectionType":"section","heading":null,"content":"### Section sec.42C\n\ns 42C ins 2000 No. 44 s 22\nsub 2013 No. 55 s 139\nom 2016 No. 22 s 19","sortOrder":90},{"sectionNumber":"sec.42D","sectionType":"section","heading":null,"content":"### Section sec.42D\n\ns 42D ins 2000 No. 44 s 22\nom 2013 No. 55 s 139","sortOrder":91},{"sectionNumber":"sec.42E","sectionType":"section","heading":null,"content":"### Section sec.42E\n\ns 42E ins 2000 No. 44 s 22\nom 2013 No. 55 s 139","sortOrder":92},{"sectionNumber":"sec.42F","sectionType":"section","heading":null,"content":"### Section sec.42F\n\ns 42F ins 2000 No. 44 s 22\nom 2013 No. 55 s 139","sortOrder":93},{"sectionNumber":"pt.4-div.3B","sectionType":"division","heading":"Special wildlife reserves","content":"## Special wildlife reserves","sortOrder":94},{"sectionNumber":"sec.43","sectionType":"section","heading":"Application of division","content":"### sec.43 Application of division\n\nThis division applies to the following land—\nfreehold land;\nAboriginal land and Torres Strait Islander land;\nland subject to a lease under the Land Act 1994 ;\nland that is a reserve under the Land Act 1994 .\nHowever, this division does not apply to transferable land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 .\nIf a relevant provision is inconsistent with a provision of another Act applying to land to which this division applies, the relevant provision prevails to the extent of the inconsistency.\nIn this section—\nrelevant provision means—\na provision of this division; and\nanother provision of this Act applying to land to which this division applies because the land is in a special wildlife reserve.\ns 43 prev s 43 om 2013 No. 55 s 41\npres s 43 ins 2019 No. 8 s 12\n(sec.43-ssec.1) This division applies to the following land— freehold land; Aboriginal land and Torres Strait Islander land; land subject to a lease under the Land Act 1994 ; land that is a reserve under the Land Act 1994 .\n(sec.43-ssec.2) However, this division does not apply to transferable land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 .\n(sec.43-ssec.3) If a relevant provision is inconsistent with a provision of another Act applying to land to which this division applies, the relevant provision prevails to the extent of the inconsistency.\n(sec.43-ssec.4) In this section— relevant provision means— a provision of this division; and another provision of this Act applying to land to which this division applies because the land is in a special wildlife reserve.\n- (a) freehold land;\n- (b) Aboriginal land and Torres Strait Islander land;\n- (c) land subject to a lease under the Land Act 1994 ;\n- (d) land that is a reserve under the Land Act 1994 .\n- (a) a provision of this division; and\n- (b) another provision of this Act applying to land to which this division applies because the land is in a special wildlife reserve.","sortOrder":95},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Proposal for declaration of special wildlife reserve","content":"### sec.43A Proposal for declaration of special wildlife reserve\n\nThis section applies if, after considering the following matters in relation to an area of land, the Minister is satisfied the area should be declared as a special wildlife reserve—\nthe State interest;\nthe area’s exceptional natural and cultural resources and values.\nThe Minister must prepare a proposal for the declaration.\nThe proposal must describe the area (the proposed reserve area ) to be included in the special wildlife reserve.\nThe description of the proposed reserve area must include the following details—\nthe geographical area of the proposed reserve area;\nthe proposed reserve area’s exceptional natural and cultural resources and values.\nThe Minister must give written notice about the proposal to—\neach person who has an interest in land in the proposed reserve area; and\neach holder of an exploration permit under the Mineral Resources Act 1989 for land in the proposed reserve area; and\neach holder of an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 for land in the proposed reserve area; and\neach holder of a mining interest, geothermal tenure or GHG authority to which land in the proposed reserve area is subject.\nThe notice must state a day by which the person may make submissions to the Minister about the proposal.\nIf the Minister considers it is impracticable to give written notice under subsection (5) to persons of a particular class, the Minister may give the notice by taking reasonable steps to ensure the class is made aware of the proposal.\nadvertising in newspapers or other publications\npublishing a notice on the department’s website\nIn this section—\nState interest means an interest the Minister considers to be an economic, environmental or community interest of the State.\ns 43A ins 2019 No. 8 s 12\n(sec.43A-ssec.1) This section applies if, after considering the following matters in relation to an area of land, the Minister is satisfied the area should be declared as a special wildlife reserve— the State interest; the area’s exceptional natural and cultural resources and values.\n(sec.43A-ssec.2) The Minister must prepare a proposal for the declaration.\n(sec.43A-ssec.3) The proposal must describe the area (the proposed reserve area ) to be included in the special wildlife reserve.\n(sec.43A-ssec.4) The description of the proposed reserve area must include the following details— the geographical area of the proposed reserve area; the proposed reserve area’s exceptional natural and cultural resources and values.\n(sec.43A-ssec.5) The Minister must give written notice about the proposal to— each person who has an interest in land in the proposed reserve area; and each holder of an exploration permit under the Mineral Resources Act 1989 for land in the proposed reserve area; and each holder of an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 for land in the proposed reserve area; and each holder of a mining interest, geothermal tenure or GHG authority to which land in the proposed reserve area is subject.\n(sec.43A-ssec.6) The notice must state a day by which the person may make submissions to the Minister about the proposal.\n(sec.43A-ssec.7) If the Minister considers it is impracticable to give written notice under subsection (5) to persons of a particular class, the Minister may give the notice by taking reasonable steps to ensure the class is made aware of the proposal. advertising in newspapers or other publications publishing a notice on the department’s website\n(sec.43A-ssec.8) In this section— State interest means an interest the Minister considers to be an economic, environmental or community interest of the State.\n- (a) the State interest;\n- (b) the area’s exceptional natural and cultural resources and values.\n- (a) the geographical area of the proposed reserve area;\n- (b) the proposed reserve area’s exceptional natural and cultural resources and values.\n- (a) each person who has an interest in land in the proposed reserve area; and\n- (b) each holder of an exploration permit under the Mineral Resources Act 1989 for land in the proposed reserve area; and\n- (c) each holder of an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 for land in the proposed reserve area; and\n- (d) each holder of a mining interest, geothermal tenure or GHG authority to which land in the proposed reserve area is subject.\n- • advertising in newspapers or other publications\n- • publishing a notice on the department’s website","sortOrder":96},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Making conservation agreement for special wildlife reserve","content":"### sec.43B Making conservation agreement for special wildlife reserve\n\nThe Minister must, for the State, enter into a conservation agreement for a proposed special wildlife reserve if—\nthe Minister and the landholder of land in the proposed reserve area for the special wildlife reserve agree—\nthe land should be a special wildlife reserve; and\non the terms of the agreement for the reserve; and\nthere is an approved management program for the reserve.\nHowever, if the rights or interests of a person mentioned in section 43A (5) will be materially affected by the conservation agreement, the Minister must not enter into the agreement without the person’s written consent.\nAlso, the Minister may enter into a conservation agreement for a proposed special wildlife reserve in the Cape York Peninsula Region only if—\nnative title for the area has been extinguished; or\nfor an area for which native title has not been extinguished—\nthere is an Indigenous land use agreement for the area; and\nthe dedication of a special wildlife reserve over the area is allowed under the Indigenous land use agreement; and\nthe conservation agreement is consistent with the Indigenous land use agreement.\nIn this section—\napproved management program , for a special wildlife reserve, means a management program for the reserve approved by the Minister under section 120EC .\ns 43B ins 2019 No. 8 s 12\namd 2024 No. 17 s 192 sch 1 pt 3\n(sec.43B-ssec.1) The Minister must, for the State, enter into a conservation agreement for a proposed special wildlife reserve if— the Minister and the landholder of land in the proposed reserve area for the special wildlife reserve agree— the land should be a special wildlife reserve; and on the terms of the agreement for the reserve; and there is an approved management program for the reserve.\n(sec.43B-ssec.2) However, if the rights or interests of a person mentioned in section 43A (5) will be materially affected by the conservation agreement, the Minister must not enter into the agreement without the person’s written consent.\n(sec.43B-ssec.3) Also, the Minister may enter into a conservation agreement for a proposed special wildlife reserve in the Cape York Peninsula Region only if— native title for the area has been extinguished; or for an area for which native title has not been extinguished— there is an Indigenous land use agreement for the area; and the dedication of a special wildlife reserve over the area is allowed under the Indigenous land use agreement; and the conservation agreement is consistent with the Indigenous land use agreement.\n(sec.43B-ssec.4) In this section— approved management program , for a special wildlife reserve, means a management program for the reserve approved by the Minister under section 120EC .\n- (a) the Minister and the landholder of land in the proposed reserve area for the special wildlife reserve agree— (i) the land should be a special wildlife reserve; and (ii) on the terms of the agreement for the reserve; and\n- (i) the land should be a special wildlife reserve; and\n- (ii) on the terms of the agreement for the reserve; and\n- (b) there is an approved management program for the reserve.\n- (i) the land should be a special wildlife reserve; and\n- (ii) on the terms of the agreement for the reserve; and\n- (a) native title for the area has been extinguished; or\n- (b) for an area for which native title has not been extinguished— (i) there is an Indigenous land use agreement for the area; and (ii) the dedication of a special wildlife reserve over the area is allowed under the Indigenous land use agreement; and (iii) the conservation agreement is consistent with the Indigenous land use agreement.\n- (i) there is an Indigenous land use agreement for the area; and\n- (ii) the dedication of a special wildlife reserve over the area is allowed under the Indigenous land use agreement; and\n- (iii) the conservation agreement is consistent with the Indigenous land use agreement.\n- (i) there is an Indigenous land use agreement for the area; and\n- (ii) the dedication of a special wildlife reserve over the area is allowed under the Indigenous land use agreement; and\n- (iii) the conservation agreement is consistent with the Indigenous land use agreement.","sortOrder":97},{"sectionNumber":"sec.43C","sectionType":"section","heading":"Terms of conservation agreement for special wildlife reserve","content":"### sec.43C Terms of conservation agreement for special wildlife reserve\n\nA conservation agreement must—\nbe consistent with the management principles for a special wildlife reserve; and\nstate it is binding on the landholder of the land and the landholder’s successors in title; and\ncontain details of the management program for the special wildlife reserve; and\ncontain terms prohibiting the following—\nthe granting of a mining interest, geothermal tenure or GHG authority in relation to the land that can not be granted in relation to a special wildlife reserve under section 27 ;\nthe carrying out of an activity under the Forestry Act 1959 on the land that is prohibited from being carried out on a special wildlife reserve under that Act;\nthe granting of a licence or permit under the Fossicking Act 1994 in relation to the land.\nA conservation agreement may contain terms—\nrequiring the State to provide financial or other assistance; or\nrequiring the State to provide technical advice; or\nrequiring the State to carry out stated activities; or\nallowing a landholder to carry out stated activities; or\nprohibiting a stated use of land in the special wildlife reserve; or\nrestricting the use or management of land in the special wildlife reserve; or\nrequiring a landholder to refrain from, or not to permit, stated activities; or\nrequiring a landholder to carry out stated activities; or\nrequiring a landholder to permit or restrict access to the special wildlife reserve by stated persons; or\nstating the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or\nrequiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement ends; or\nproviding for any other matter relating to the conservation of nature in the special wildlife reserve, including the implementation of the management program for the reserve.\ns 43C ins 2019 No. 8 s 12\n(sec.43C-ssec.1) A conservation agreement must— be consistent with the management principles for a special wildlife reserve; and state it is binding on the landholder of the land and the landholder’s successors in title; and contain details of the management program for the special wildlife reserve; and contain terms prohibiting the following— the granting of a mining interest, geothermal tenure or GHG authority in relation to the land that can not be granted in relation to a special wildlife reserve under section 27 ; the carrying out of an activity under the Forestry Act 1959 on the land that is prohibited from being carried out on a special wildlife reserve under that Act; the granting of a licence or permit under the Fossicking Act 1994 in relation to the land.\n(sec.43C-ssec.2) A conservation agreement may contain terms— requiring the State to provide financial or other assistance; or requiring the State to provide technical advice; or requiring the State to carry out stated activities; or allowing a landholder to carry out stated activities; or prohibiting a stated use of land in the special wildlife reserve; or restricting the use or management of land in the special wildlife reserve; or requiring a landholder to refrain from, or not to permit, stated activities; or requiring a landholder to carry out stated activities; or requiring a landholder to permit or restrict access to the special wildlife reserve by stated persons; or stating the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement ends; or providing for any other matter relating to the conservation of nature in the special wildlife reserve, including the implementation of the management program for the reserve.\n- (a) be consistent with the management principles for a special wildlife reserve; and\n- (b) state it is binding on the landholder of the land and the landholder’s successors in title; and\n- (c) contain details of the management program for the special wildlife reserve; and\n- (d) contain terms prohibiting the following— (i) the granting of a mining interest, geothermal tenure or GHG authority in relation to the land that can not be granted in relation to a special wildlife reserve under section 27 ; (ii) the carrying out of an activity under the Forestry Act 1959 on the land that is prohibited from being carried out on a special wildlife reserve under that Act; (iii) the granting of a licence or permit under the Fossicking Act 1994 in relation to the land.\n- (i) the granting of a mining interest, geothermal tenure or GHG authority in relation to the land that can not be granted in relation to a special wildlife reserve under section 27 ;\n- (ii) the carrying out of an activity under the Forestry Act 1959 on the land that is prohibited from being carried out on a special wildlife reserve under that Act;\n- (iii) the granting of a licence or permit under the Fossicking Act 1994 in relation to the land.\n- (i) the granting of a mining interest, geothermal tenure or GHG authority in relation to the land that can not be granted in relation to a special wildlife reserve under section 27 ;\n- (ii) the carrying out of an activity under the Forestry Act 1959 on the land that is prohibited from being carried out on a special wildlife reserve under that Act;\n- (iii) the granting of a licence or permit under the Fossicking Act 1994 in relation to the land.\n- (a) requiring the State to provide financial or other assistance; or\n- (b) requiring the State to provide technical advice; or\n- (c) requiring the State to carry out stated activities; or\n- (d) allowing a landholder to carry out stated activities; or\n- (e) prohibiting a stated use of land in the special wildlife reserve; or\n- (f) restricting the use or management of land in the special wildlife reserve; or\n- (g) requiring a landholder to refrain from, or not to permit, stated activities; or\n- (h) requiring a landholder to carry out stated activities; or\n- (i) requiring a landholder to permit or restrict access to the special wildlife reserve by stated persons; or\n- (j) stating the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or\n- (k) requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement ends; or\n- (l) providing for any other matter relating to the conservation of nature in the special wildlife reserve, including the implementation of the management program for the reserve.","sortOrder":98},{"sectionNumber":"sec.43D","sectionType":"section","heading":"Declaration of special wildlife reserve","content":"### sec.43D Declaration of special wildlife reserve\n\nA regulation may declare an area of land the subject of a conservation agreement as a special wildlife reserve.\ns 43D ins 2019 No. 8 s 12","sortOrder":99},{"sectionNumber":"sec.43E","sectionType":"section","heading":"Agreeing to amend conservation agreement","content":"### sec.43E Agreeing to amend conservation agreement\n\nThe Minister and landholders bound by a conservation agreement for a special wildlife reserve may agree to amend the agreement.\nHowever, the amendment must not adversely affect the conservation of nature in the special wildlife reserve.\nIf the amendment materially affects the rights or interests of a person mentioned in section 43A (5) , the amendment may be made only with the written consent of the person.\nIf a regulation under section 43J is required because of the amendment, the amendment does not take effect until the regulation commences.\nSubsection (1) is subject to section 43C (1) .\ns 43E ins 2019 No. 8 s 12\n(sec.43E-ssec.1) The Minister and landholders bound by a conservation agreement for a special wildlife reserve may agree to amend the agreement.\n(sec.43E-ssec.2) However, the amendment must not adversely affect the conservation of nature in the special wildlife reserve.\n(sec.43E-ssec.3) If the amendment materially affects the rights or interests of a person mentioned in section 43A (5) , the amendment may be made only with the written consent of the person.\n(sec.43E-ssec.4) If a regulation under section 43J is required because of the amendment, the amendment does not take effect until the regulation commences.\n(sec.43E-ssec.5) Subsection (1) is subject to section 43C (1) .","sortOrder":100},{"sectionNumber":"sec.43F","sectionType":"section","heading":"Leases etc. over land in special wildlife reserve","content":"### sec.43F Leases etc. over land in special wildlife reserve\n\nA lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve (other than an agreement or a licence, permit or other authority issued or given under a regulation) may be granted, made, issued or given only—\nby the chief executive under this Act with the consent of the landholder of the land; or\nunder another Act by—\nthe Governor in Council; or\nsomeone else with the consent of the Minister or chief executive; or\nif the landholder of the land gives a lease or sublease of the land to another person—by the landholder with the consent of the chief executive.\nA lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with the management principles and the conservation agreement for the special wildlife reserve.\nAs soon as practicable after a lease is granted or given under subsection (1) , the person who granted or gave the lease must lodge the lease for registration with the registrar of titles.\ns 43F ins 2019 No. 8 s 12\namd 2021 No. 12 s 148 sch 3\n(sec.43F-ssec.1) A lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve (other than an agreement or a licence, permit or other authority issued or given under a regulation) may be granted, made, issued or given only— by the chief executive under this Act with the consent of the landholder of the land; or under another Act by— the Governor in Council; or someone else with the consent of the Minister or chief executive; or if the landholder of the land gives a lease or sublease of the land to another person—by the landholder with the consent of the chief executive.\n(sec.43F-ssec.2) A lease, agreement, licence, permit or other authority mentioned in subsection (1) must be consistent with the management principles and the conservation agreement for the special wildlife reserve.\n(sec.43F-ssec.3) As soon as practicable after a lease is granted or given under subsection (1) , the person who granted or gave the lease must lodge the lease for registration with the registrar of titles.\n- (a) by the chief executive under this Act with the consent of the landholder of the land; or\n- (b) under another Act by— (i) the Governor in Council; or (ii) someone else with the consent of the Minister or chief executive; or\n- (i) the Governor in Council; or\n- (ii) someone else with the consent of the Minister or chief executive; or\n- (c) if the landholder of the land gives a lease or sublease of the land to another person—by the landholder with the consent of the chief executive.\n- (i) the Governor in Council; or\n- (ii) someone else with the consent of the Minister or chief executive; or","sortOrder":101},{"sectionNumber":"sec.43G","sectionType":"section","heading":"Service facilities over land in special wildlife reserve","content":"### sec.43G Service facilities over land in special wildlife reserve\n\nThe chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if—\nthe use under the authority is only for a new service facility; and\nthe landholder of the land consents to the use; and\nthe chief executive is satisfied—\nthe management principles and the conservation agreement for the special wildlife reserve will be observed to the greatest possible extent; and\nthe use will be in the public interest; and\nthe use is ecologically sustainable; and\nthere is no reasonably practicable alternative to the use; and\nthe use is prescribed by regulation to be a permitted use for the special wildlife reserve.\nThe chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if—\nthe use under the authority is only for an existing service facility; and\nthe chief executive is satisfied the use—\nis ecologically sustainable; and\ndoes not include carrying out substantial improvements to the existing service facility.\nan upgrade of a road that provides access to a communications tower\nthe replacement of a pipeline with a larger pipeline\nSubsections (1) and (2) —\nhave effect despite section 15 ; and\ndo not limit, and are not limited by, section 43F .\nIn this section—\nnew service facility means a service facility, other than an existing service facility.\ns 43G ins 2019 No. 8 s 12\namd 2021 No. 11 s 19\n(sec.43G-ssec.1) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if— the use under the authority is only for a new service facility; and the landholder of the land consents to the use; and the chief executive is satisfied— the management principles and the conservation agreement for the special wildlife reserve will be observed to the greatest possible extent; and the use will be in the public interest; and the use is ecologically sustainable; and there is no reasonably practicable alternative to the use; and the use is prescribed by regulation to be a permitted use for the special wildlife reserve.\n(sec.43G-ssec.2) The chief executive may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a special wildlife reserve if— the use under the authority is only for an existing service facility; and the chief executive is satisfied the use— is ecologically sustainable; and does not include carrying out substantial improvements to the existing service facility. an upgrade of a road that provides access to a communications tower the replacement of a pipeline with a larger pipeline\n(sec.43G-ssec.3) Subsections (1) and (2) — have effect despite section 15 ; and do not limit, and are not limited by, section 43F .\n(sec.43G-ssec.4) In this section— new service facility means a service facility, other than an existing service facility.\n- (a) the use under the authority is only for a new service facility; and\n- (b) the landholder of the land consents to the use; and\n- (c) the chief executive is satisfied— (i) the management principles and the conservation agreement for the special wildlife reserve will be observed to the greatest possible extent; and (ii) the use will be in the public interest; and (iii) the use is ecologically sustainable; and (iv) there is no reasonably practicable alternative to the use; and\n- (i) the management principles and the conservation agreement for the special wildlife reserve will be observed to the greatest possible extent; and\n- (ii) the use will be in the public interest; and\n- (iii) the use is ecologically sustainable; and\n- (iv) there is no reasonably practicable alternative to the use; and\n- (d) the use is prescribed by regulation to be a permitted use for the special wildlife reserve.\n- (i) the management principles and the conservation agreement for the special wildlife reserve will be observed to the greatest possible extent; and\n- (ii) the use will be in the public interest; and\n- (iii) the use is ecologically sustainable; and\n- (iv) there is no reasonably practicable alternative to the use; and\n- (a) the use under the authority is only for an existing service facility; and\n- (b) the chief executive is satisfied the use— (i) is ecologically sustainable; and (ii) does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- (i) is ecologically sustainable; and\n- (ii) does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline\n- (i) is ecologically sustainable; and\n- (ii) does not include carrying out substantial improvements to the existing service facility. Examples of a substantial improvement to an existing service facility— • an upgrade of a road that provides access to a communications tower • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline\n- • an upgrade of a road that provides access to a communications tower\n- • the replacement of a pipeline with a larger pipeline\n- (a) have effect despite section 15 ; and\n- (b) do not limit, and are not limited by, section 43F .","sortOrder":102},{"sectionNumber":"sec.43H","sectionType":"section","heading":"Previous use authorities in special wildlife reserve","content":"### sec.43H Previous use authorities in special wildlife reserve\n\nThis section applies if—\nland is declared as a special wildlife reserve; and\nimmediately before the declaration, the land was being used (the previous use ) by a person other than the landholder of the land in a way that is inconsistent with the management principles and conservation agreement for the special wildlife reserve.\nThe chief executive may grant an authority (a previous use authority ) to the person over, or in relation to, the land to allow the previous use to continue for no longer than the allowable term.\nA previous use authority must not be renewed.\nThis section—\napplies despite sections 15 , 43F (1) (a) and 43F (2) ; and\ndoes not limit section 43G (2) .\nIn this section—\nallowable term , in relation to previous use on a special wildlife reserve, means—\nif the previous use was under an authority—the unexpired term of the authority; or\notherwise—3 years after the declaration of the reserve.\nauthority means an agreement, lease, licence, permit or other authority.\ns 43H ins 2019 No. 8 s 12\n(sec.43H-ssec.1) This section applies if— land is declared as a special wildlife reserve; and immediately before the declaration, the land was being used (the previous use ) by a person other than the landholder of the land in a way that is inconsistent with the management principles and conservation agreement for the special wildlife reserve.\n(sec.43H-ssec.2) The chief executive may grant an authority (a previous use authority ) to the person over, or in relation to, the land to allow the previous use to continue for no longer than the allowable term.\n(sec.43H-ssec.3) A previous use authority must not be renewed.\n(sec.43H-ssec.4) This section— applies despite sections 15 , 43F (1) (a) and 43F (2) ; and does not limit section 43G (2) .\n(sec.43H-ssec.5) In this section— allowable term , in relation to previous use on a special wildlife reserve, means— if the previous use was under an authority—the unexpired term of the authority; or otherwise—3 years after the declaration of the reserve. authority means an agreement, lease, licence, permit or other authority.\n- (a) land is declared as a special wildlife reserve; and\n- (b) immediately before the declaration, the land was being used (the previous use ) by a person other than the landholder of the land in a way that is inconsistent with the management principles and conservation agreement for the special wildlife reserve.\n- (a) applies despite sections 15 , 43F (1) (a) and 43F (2) ; and\n- (b) does not limit section 43G (2) .\n- (a) if the previous use was under an authority—the unexpired term of the authority; or\n- (b) otherwise—3 years after the declaration of the reserve.","sortOrder":103},{"sectionNumber":"sec.43I","sectionType":"section","heading":"Amalgamation of special wildlife reserves","content":"### sec.43I Amalgamation of special wildlife reserves\n\nA regulation may—\namalgamate the areas of 2 or more special wildlife reserves; and\nassign a name to the amalgamated area.\ns 43I ins 2019 No. 8 s 12\n- (a) amalgamate the areas of 2 or more special wildlife reserves; and\n- (b) assign a name to the amalgamated area.","sortOrder":104},{"sectionNumber":"sec.43J","sectionType":"section","heading":"Revocation of special wildlife reserves","content":"### sec.43J Revocation of special wildlife reserves\n\nA regulation may revoke the declaration of all or part of a special wildlife reserve.\nThe regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\nSubsection (2) does not apply if the regulation—\nmakes a minor change to the boundaries of a special wildlife reserve and the Minister is satisfied the change does not adversely affect the conservation of nature; or\nchanging the boundaries of a special wildlife reserve to align with a new survey of an existing road\nincreases the area of land in a special wildlife reserve and the Minister is satisfied the increase does not adversely affect the conservation of nature; or\ndedicates the land subject of the revocation as a national park (scientific) or a national park.\nIf the regulation revokes the declaration of all of a special wildlife reserve, the conservation agreement and management program for the reserve end on the revocation.\nIf the regulation revokes the declaration of part of a special wildlife reserve, on the revocation, the conservation agreement and management program for the reserve stop having effect in relation to the land removed from the reserve.\ns 43J ins 2019 No. 8 s 12\n(sec.43J-ssec.1) A regulation may revoke the declaration of all or part of a special wildlife reserve.\n(sec.43J-ssec.2) The regulation may be made only if the Legislative Assembly has, on a motion of which at least 28 days notice has been given, passed a resolution requesting the Governor in Council to make the revocation.\n(sec.43J-ssec.3) Subsection (2) does not apply if the regulation— makes a minor change to the boundaries of a special wildlife reserve and the Minister is satisfied the change does not adversely affect the conservation of nature; or changing the boundaries of a special wildlife reserve to align with a new survey of an existing road increases the area of land in a special wildlife reserve and the Minister is satisfied the increase does not adversely affect the conservation of nature; or dedicates the land subject of the revocation as a national park (scientific) or a national park.\n(sec.43J-ssec.4) If the regulation revokes the declaration of all of a special wildlife reserve, the conservation agreement and management program for the reserve end on the revocation.\n(sec.43J-ssec.5) If the regulation revokes the declaration of part of a special wildlife reserve, on the revocation, the conservation agreement and management program for the reserve stop having effect in relation to the land removed from the reserve.\n- (a) makes a minor change to the boundaries of a special wildlife reserve and the Minister is satisfied the change does not adversely affect the conservation of nature; or Example for paragraph (a) — changing the boundaries of a special wildlife reserve to align with a new survey of an existing road\n- (b) increases the area of land in a special wildlife reserve and the Minister is satisfied the increase does not adversely affect the conservation of nature; or\n- (c) dedicates the land subject of the revocation as a national park (scientific) or a national park.","sortOrder":105},{"sectionNumber":"sec.43K","sectionType":"section","heading":"Conservation agreements for special wildlife reserves binding","content":"### sec.43K Conservation agreements for special wildlife reserves binding\n\nA conservation agreement for a special wildlife reserve is binding on—\nthe landholder of the land in the reserve; and\nthe landholder’s successors in title; and\nany other person with an interest in land in the reserve who consented to the agreement.\nSubsection (1) applies even if—\nthere is a lease or reserve under the Land Act 1994 over the land in the special wildlife reserve; and\nunder the Land Act 1994 —\nthe lease is renewed or extended; or\nthe lease is converted to freehold land or a different type of lease; or\nthe reserve is converted to freehold land or a different type of reserve.\ns 43K ins 2019 No. 8 s 12\n(sec.43K-ssec.1) A conservation agreement for a special wildlife reserve is binding on— the landholder of the land in the reserve; and the landholder’s successors in title; and any other person with an interest in land in the reserve who consented to the agreement.\n(sec.43K-ssec.2) Subsection (1) applies even if— there is a lease or reserve under the Land Act 1994 over the land in the special wildlife reserve; and under the Land Act 1994 — the lease is renewed or extended; or the lease is converted to freehold land or a different type of lease; or the reserve is converted to freehold land or a different type of reserve.\n- (a) the landholder of the land in the reserve; and\n- (b) the landholder’s successors in title; and\n- (c) any other person with an interest in land in the reserve who consented to the agreement.\n- (a) there is a lease or reserve under the Land Act 1994 over the land in the special wildlife reserve; and\n- (b) under the Land Act 1994 — (i) the lease is renewed or extended; or (ii) the lease is converted to freehold land or a different type of lease; or (iii) the reserve is converted to freehold land or a different type of reserve.\n- (i) the lease is renewed or extended; or\n- (ii) the lease is converted to freehold land or a different type of lease; or\n- (iii) the reserve is converted to freehold land or a different type of reserve.\n- (i) the lease is renewed or extended; or\n- (ii) the lease is converted to freehold land or a different type of lease; or\n- (iii) the reserve is converted to freehold land or a different type of reserve.","sortOrder":106},{"sectionNumber":"sec.43L","sectionType":"section","heading":"Consent for transfer or surrender of land or expiry of lease","content":"### sec.43L Consent for transfer or surrender of land or expiry of lease\n\nThis section applies if—\na special wildlife reserve is declared over freehold land or land in a lease under the Land Act 1994 ; and\na person intends, under the Land Act 1994 , to do any of the following—\nsurrender all or part of the freehold land or lease;\nallow the lease to expire at the end of its term;\ntransfer the lease.\nThe person must obtain the chief executive’s written consent—\nfor the surrender or transfer before seeking approval from the chief executive (lands) to surrender the freehold land or lease, or transfer the lease; or\nfor the expiry before giving an expiry advice under the Land Act 1994 to the chief executive (lands).\ns 43L ins 2019 No. 8 s 12\namd 2019 No. 17 s 360 sch 1\n(sec.43L-ssec.1) This section applies if— a special wildlife reserve is declared over freehold land or land in a lease under the Land Act 1994 ; and a person intends, under the Land Act 1994 , to do any of the following— surrender all or part of the freehold land or lease; allow the lease to expire at the end of its term; transfer the lease.\n(sec.43L-ssec.2) The person must obtain the chief executive’s written consent— for the surrender or transfer before seeking approval from the chief executive (lands) to surrender the freehold land or lease, or transfer the lease; or for the expiry before giving an expiry advice under the Land Act 1994 to the chief executive (lands).\n- (a) a special wildlife reserve is declared over freehold land or land in a lease under the Land Act 1994 ; and\n- (b) a person intends, under the Land Act 1994 , to do any of the following— (i) surrender all or part of the freehold land or lease; (ii) allow the lease to expire at the end of its term; (iii) transfer the lease.\n- (i) surrender all or part of the freehold land or lease;\n- (ii) allow the lease to expire at the end of its term;\n- (iii) transfer the lease.\n- (i) surrender all or part of the freehold land or lease;\n- (ii) allow the lease to expire at the end of its term;\n- (iii) transfer the lease.\n- (a) for the surrender or transfer before seeking approval from the chief executive (lands) to surrender the freehold land or lease, or transfer the lease; or\n- (b) for the expiry before giving an expiry advice under the Land Act 1994 to the chief executive (lands).","sortOrder":107},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Nature refuges and coordinated conservation areas","content":"## Nature refuges and coordinated conservation areas","sortOrder":108},{"sectionNumber":"sec.44","sectionType":"section","heading":"Proposal for declaration of nature refuge","content":"### sec.44 Proposal for declaration of nature refuge\n\nIf the Minister is satisfied that an area should be declared a nature refuge, the Minister must prepare a proposal for the declaration.\nThe proposal for the declaration must—\ndescribe the lands to be included in the nature refuge; and\nspecify the proposed management intent for the nature refuge.\nThe Minister must give written notice to all landholders affected by the proposal.\nThe notice must specify a day by which the landholders may make submissions to the Minister relating to the proposal.\nIf the Minister considers that it is impracticable to give notice to each landholder of a particular class, it is sufficient compliance with subsection (3) if the Minister gives notice to the class by publishing a notice in such newspapers as the Minister determines.\nIn this section—\nlandholder includes a person having an interest in land.\ns 44 amd 2013 No. 55 s 42\n(sec.44-ssec.1) If the Minister is satisfied that an area should be declared a nature refuge, the Minister must prepare a proposal for the declaration.\n(sec.44-ssec.2) The proposal for the declaration must— describe the lands to be included in the nature refuge; and specify the proposed management intent for the nature refuge.\n(sec.44-ssec.3) The Minister must give written notice to all landholders affected by the proposal.\n(sec.44-ssec.4) The notice must specify a day by which the landholders may make submissions to the Minister relating to the proposal.\n(sec.44-ssec.5) If the Minister considers that it is impracticable to give notice to each landholder of a particular class, it is sufficient compliance with subsection (3) if the Minister gives notice to the class by publishing a notice in such newspapers as the Minister determines.\n(sec.44-ssec.6) In this section— landholder includes a person having an interest in land.\n- (a) describe the lands to be included in the nature refuge; and\n- (b) specify the proposed management intent for the nature refuge.","sortOrder":109},{"sectionNumber":"sec.45","sectionType":"section","heading":"Conservation agreements for nature refuges","content":"### sec.45 Conservation agreements for nature refuges\n\nIf the Minister and landholders concerned agree on—\na proposal that an area should be a nature refuge; and\nthe management intent for the nature refuge; and\nthe terms of a proposed conservation agreement for the nature refuge to be made between the State and the landholders;\nthe Minister must, for the State, enter into the conservation agreement.\nHowever, if the rights of any of the following persons will be materially affected by the conservation agreement, the Minister must not enter into it without that person’s written consent—\nif land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder or authority holder;\nif land in the area is subject to an encumbrance—the person entitled to the benefit of the encumbrance.\nThe conservation agreement must be consistent with the management principles for a nature refuge.\nThe conservation agreement may contain terms that are binding on—\nthe State; and\na landholder and the landholder’s successors in title.\nWithout limiting subsection (4) , the conservation agreement may contain terms—\nrequiring the State to provide financial or other assistance; or\nrequiring the State to provide technical advice; or\nrequiring the State to carry out specified activities; or\nallowing a landholder to carry out specified activities; or\nprohibiting a specified use of land in the nature refuge; or\nrestricting the use or management of land in the nature refuge; or\nrequiring a landholder to refrain from, or not to permit, specified activities; or\nrequiring a landholder to carry out specified activities; or\nrequiring a landholder to permit or restrict access to the nature refuge by specified persons; or\nspecifying the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or\nrequiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement is terminated under section 47 (2) ; or\nproviding for any other matter relating to the conservation of the nature refuge, including the implementation of any management plan for the nature refuge.\ns 45 amd 1994 No. 42 s 2 sch ; 2005 No. 53 s 132 ; 2009 No. 3 s 520 ; 2011 No. 26 s 189 sch ; 2010 No. 31 s 585 sch 2 pt 4 ; 2013 No. 55 s 43\n(sec.45-ssec.1) If the Minister and landholders concerned agree on— a proposal that an area should be a nature refuge; and the management intent for the nature refuge; and the terms of a proposed conservation agreement for the nature refuge to be made between the State and the landholders; the Minister must, for the State, enter into the conservation agreement.\n(sec.45-ssec.2) However, if the rights of any of the following persons will be materially affected by the conservation agreement, the Minister must not enter into it without that person’s written consent— if land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder or authority holder; if land in the area is subject to an encumbrance—the person entitled to the benefit of the encumbrance.\n(sec.45-ssec.3) The conservation agreement must be consistent with the management principles for a nature refuge.\n(sec.45-ssec.4) The conservation agreement may contain terms that are binding on— the State; and a landholder and the landholder’s successors in title.\n(sec.45-ssec.5) Without limiting subsection (4) , the conservation agreement may contain terms— requiring the State to provide financial or other assistance; or requiring the State to provide technical advice; or requiring the State to carry out specified activities; or allowing a landholder to carry out specified activities; or prohibiting a specified use of land in the nature refuge; or restricting the use or management of land in the nature refuge; or requiring a landholder to refrain from, or not to permit, specified activities; or requiring a landholder to carry out specified activities; or requiring a landholder to permit or restrict access to the nature refuge by specified persons; or specifying the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement is terminated under section 47 (2) ; or providing for any other matter relating to the conservation of the nature refuge, including the implementation of any management plan for the nature refuge.\n- (a) a proposal that an area should be a nature refuge; and\n- (b) the management intent for the nature refuge; and\n- (c) the terms of a proposed conservation agreement for the nature refuge to be made between the State and the landholders;\n- (a) if land in the area is subject to a lease, mining interest, geothermal tenure or GHG authority—the lessee, interest holder or authority holder;\n- (b) if land in the area is subject to an encumbrance—the person entitled to the benefit of the encumbrance.\n- (a) the State; and\n- (b) a landholder and the landholder’s successors in title.\n- (a) requiring the State to provide financial or other assistance; or\n- (b) requiring the State to provide technical advice; or\n- (c) requiring the State to carry out specified activities; or\n- (d) allowing a landholder to carry out specified activities; or\n- (e) prohibiting a specified use of land in the nature refuge; or\n- (f) restricting the use or management of land in the nature refuge; or\n- (g) requiring a landholder to refrain from, or not to permit, specified activities; or\n- (h) requiring a landholder to carry out specified activities; or\n- (i) requiring a landholder to permit or restrict access to the nature refuge by specified persons; or\n- (j) specifying the way in which amounts provided to a landholder under the agreement are to be applied by the landholder; or\n- (k) requiring a landholder to repay amounts paid under the agreement if the landholder contravenes the agreement or the agreement is terminated under section 47 (2) ; or\n- (l) providing for any other matter relating to the conservation of the nature refuge, including the implementation of any management plan for the nature refuge.","sortOrder":110},{"sectionNumber":"sec.46","sectionType":"section","heading":"Declaration of nature refuges","content":"### sec.46 Declaration of nature refuges\n\nA regulation may declare a specified area of State land, or the area the subject of a conservation agreement, as a nature refuge.\nThe regulation must specify—\nthe declared management intent for the nature refuge; and\nthe duration of the declaration, which must, if the area is the subject of a conservation agreement, be the duration of the agreement.\nFor subsection (2) (b) , a reference in the regulation to the duration of the conservation agreement for the area is, if the agreement is terminated and replaced by another agreement under section 48 , a reference to the duration of the other agreement.\nIn subsection (1) —\nState land includes a reserve under the Land Act 1994 .\ns 46 amd 1994 No. 42 s 2 sch ; 1995 No. 57 s 4 sch 1 ; 2008 No. 52 s 90 ; 2013 No. 55 ss 44 , 140\n(sec.46-ssec.1) A regulation may declare a specified area of State land, or the area the subject of a conservation agreement, as a nature refuge.\n(sec.46-ssec.2) The regulation must specify— the declared management intent for the nature refuge; and the duration of the declaration, which must, if the area is the subject of a conservation agreement, be the duration of the agreement.\n(sec.46-ssec.3) For subsection (2) (b) , a reference in the regulation to the duration of the conservation agreement for the area is, if the agreement is terminated and replaced by another agreement under section 48 , a reference to the duration of the other agreement.\n(sec.46-ssec.4) In subsection (1) — State land includes a reserve under the Land Act 1994 .\n- (a) the declared management intent for the nature refuge; and\n- (b) the duration of the declaration, which must, if the area is the subject of a conservation agreement, be the duration of the agreement.","sortOrder":111},{"sectionNumber":"sec.47","sectionType":"section","heading":"Duration and termination of conservation agreements","content":"### sec.47 Duration and termination of conservation agreements\n\nA conservation agreement has effect until it expires under its terms unless—\nit is terminated under subsection (2) or by another agreement under section 48 ; or\nthe declaration of the nature refuge or coordinated conservation area to which it relates is revoked.\nSubject to section 48 , a conservation agreement may be terminated only if—\nin the case of a nature refuge—\nthe landholder who entered into the agreement requests its termination under the terms of the agreement; and\nthe Minister is of the opinion that the nature refuge to which the agreement relates is no longer needed for, or is no longer capable of being used to achieve, the declared management intent for the nature refuge; or\nin the case of a coordinated conservation area—the landholder requests its termination under the terms of the agreement.\ns 47 amd 2008 No. 52 s 91 ; 2013 No. 55 s 45\n(sec.47-ssec.1) A conservation agreement has effect until it expires under its terms unless— it is terminated under subsection (2) or by another agreement under section 48 ; or the declaration of the nature refuge or coordinated conservation area to which it relates is revoked.\n(sec.47-ssec.2) Subject to section 48 , a conservation agreement may be terminated only if— in the case of a nature refuge— the landholder who entered into the agreement requests its termination under the terms of the agreement; and the Minister is of the opinion that the nature refuge to which the agreement relates is no longer needed for, or is no longer capable of being used to achieve, the declared management intent for the nature refuge; or in the case of a coordinated conservation area—the landholder requests its termination under the terms of the agreement.\n- (a) it is terminated under subsection (2) or by another agreement under section 48 ; or\n- (b) the declaration of the nature refuge or coordinated conservation area to which it relates is revoked.\n- (a) in the case of a nature refuge— (i) the landholder who entered into the agreement requests its termination under the terms of the agreement; and (ii) the Minister is of the opinion that the nature refuge to which the agreement relates is no longer needed for, or is no longer capable of being used to achieve, the declared management intent for the nature refuge; or\n- (i) the landholder who entered into the agreement requests its termination under the terms of the agreement; and\n- (ii) the Minister is of the opinion that the nature refuge to which the agreement relates is no longer needed for, or is no longer capable of being used to achieve, the declared management intent for the nature refuge; or\n- (b) in the case of a coordinated conservation area—the landholder requests its termination under the terms of the agreement.\n- (i) the landholder who entered into the agreement requests its termination under the terms of the agreement; and\n- (ii) the Minister is of the opinion that the nature refuge to which the agreement relates is no longer needed for, or is no longer capable of being used to achieve, the declared management intent for the nature refuge; or","sortOrder":112},{"sectionNumber":"sec.48","sectionType":"section","heading":"Variation or replacement of conservation agreements","content":"### sec.48 Variation or replacement of conservation agreements\n\nThe State and the landholders bound by a conservation agreement for a nature refuge or coordinated conservation area (the earlier agreement ) may enter into another conservation agreement for the nature refuge or coordinated conservation area (the later agreement ) that varies, or terminates and replaces, the earlier agreement.\nThe earlier agreement may be varied, for example—\nin the case of a nature refuge—by removing, at the request of the landholder who entered into the agreement, a part of the nature refuge that, in the Minister’s opinion, is no longer needed for, or capable of being used to achieve, the declared management intent for the nature refuge; and\nin the case of a coordinated conservation area—by removing a part of the coordinated conservation area at the request of one of the landholders.\nSection 45 (2) to (5) applies to the later agreement.\nFor a later agreement for a coordinated conservation area, section 45 (2) to (5) applies to the later agreement as if a reference to the nature refuge were a reference to the coordinated conservation area.\nHowever, section 45 (2) does not apply in relation to a person whose rights will only be affected by the later agreement in the same way as by the earlier agreement.\ns 48 amd 2008 No. 52 s 92 ; 2013 No. 55 s 46\n(sec.48-ssec.1) The State and the landholders bound by a conservation agreement for a nature refuge or coordinated conservation area (the earlier agreement ) may enter into another conservation agreement for the nature refuge or coordinated conservation area (the later agreement ) that varies, or terminates and replaces, the earlier agreement.\n(sec.48-ssec.2) The earlier agreement may be varied, for example— in the case of a nature refuge—by removing, at the request of the landholder who entered into the agreement, a part of the nature refuge that, in the Minister’s opinion, is no longer needed for, or capable of being used to achieve, the declared management intent for the nature refuge; and in the case of a coordinated conservation area—by removing a part of the coordinated conservation area at the request of one of the landholders.\n(sec.48-ssec.3) Section 45 (2) to (5) applies to the later agreement.\n(sec.48-ssec.3A) For a later agreement for a coordinated conservation area, section 45 (2) to (5) applies to the later agreement as if a reference to the nature refuge were a reference to the coordinated conservation area.\n(sec.48-ssec.4) However, section 45 (2) does not apply in relation to a person whose rights will only be affected by the later agreement in the same way as by the earlier agreement.\n- (a) in the case of a nature refuge—by removing, at the request of the landholder who entered into the agreement, a part of the nature refuge that, in the Minister’s opinion, is no longer needed for, or capable of being used to achieve, the declared management intent for the nature refuge; and\n- (b) in the case of a coordinated conservation area—by removing a part of the coordinated conservation area at the request of one of the landholders.","sortOrder":113},{"sectionNumber":"sec.49","sectionType":"section","heading":"Compulsory declaration of nature refuge","content":"### sec.49 Compulsory declaration of nature refuge\n\nIf—\nthe Minister and landholders concerned are unable to agree on—\na proposal to declare a nature refuge; or\nthe terms of a conservation agreement for the area concerned; and\nthe Minister is of the opinion that the area is, or includes—\nan area of major interest; or\na critical habitat;\nand should be declared a nature refuge;\nthe Minister may give written notice to the landholders, and persons having an interest in the landholders’ land, advising that a recommendation may be made to the Governor in Council that the area be compulsorily declared as a nature refuge.\nThe notice must specify—\nthe proposed management intent for the area; and\nthe reasons why the Minister has reached the opinion; and\na day by which objections relating to the recommendation must be received by the Minister.\nAfter consideration of any objections properly received by the Minister, the Governor in Council may, by regulation, declare the area, or part of the area, as a nature refuge.\nThe regulation must—\ndescribe the area for which the declaration is made; and\nspecify the declared management intent for the area; and\nspecify the covenant applying to the declaration; and\nspecify such other particulars as are prescribed.\ns 49 amd 1994 No. 42 s 2 sch\n(sec.49-ssec.1) If— the Minister and landholders concerned are unable to agree on— a proposal to declare a nature refuge; or the terms of a conservation agreement for the area concerned; and the Minister is of the opinion that the area is, or includes— an area of major interest; or a critical habitat; and should be declared a nature refuge; the Minister may give written notice to the landholders, and persons having an interest in the landholders’ land, advising that a recommendation may be made to the Governor in Council that the area be compulsorily declared as a nature refuge.\n(sec.49-ssec.2) The notice must specify— the proposed management intent for the area; and the reasons why the Minister has reached the opinion; and a day by which objections relating to the recommendation must be received by the Minister.\n(sec.49-ssec.3) After consideration of any objections properly received by the Minister, the Governor in Council may, by regulation, declare the area, or part of the area, as a nature refuge.\n(sec.49-ssec.4) The regulation must— describe the area for which the declaration is made; and specify the declared management intent for the area; and specify the covenant applying to the declaration; and specify such other particulars as are prescribed.\n- (a) the Minister and landholders concerned are unable to agree on— (i) a proposal to declare a nature refuge; or (ii) the terms of a conservation agreement for the area concerned; and\n- (i) a proposal to declare a nature refuge; or\n- (ii) the terms of a conservation agreement for the area concerned; and\n- (b) the Minister is of the opinion that the area is, or includes— (i) an area of major interest; or (ii) a critical habitat; and should be declared a nature refuge;\n- (i) an area of major interest; or\n- (ii) a critical habitat;\n- (i) a proposal to declare a nature refuge; or\n- (ii) the terms of a conservation agreement for the area concerned; and\n- (i) an area of major interest; or\n- (ii) a critical habitat;\n- (a) the proposed management intent for the area; and\n- (b) the reasons why the Minister has reached the opinion; and\n- (c) a day by which objections relating to the recommendation must be received by the Minister.\n- (a) describe the area for which the declaration is made; and\n- (b) specify the declared management intent for the area; and\n- (c) specify the covenant applying to the declaration; and\n- (d) specify such other particulars as are prescribed.","sortOrder":114},{"sectionNumber":"sec.50","sectionType":"section","heading":"Revocation of nature refuge or coordinated conservation area","content":"### sec.50 Revocation of nature refuge or coordinated conservation area\n\nThe Governor in Council may, by regulation, revoke the declaration of a nature refuge or coordinated conservation area in whole or part.\ns 50 amd 1994 No. 42 s 2 sch ; 2013 No. 55 s 175 sch 1 pt 1","sortOrder":115},{"sectionNumber":"sec.50A","sectionType":"section","heading":null,"content":"### Section sec.50A\n\ns 50A ins 2011 No. 31 s 345\nom 2019 No. 8 s 13","sortOrder":116},{"sectionNumber":"sec.51","sectionType":"section","heading":"Conservation agreements and conservation covenants for nature refuges binding","content":"### sec.51 Conservation agreements and conservation covenants for nature refuges binding\n\nA conservation agreement in relation to the land in a nature refuge is binding on—\nthe landholder of the land; and\nthe landholder’s successors in title; and\nany other person with an interest in land in the nature refuge to the extent the agreement contains terms to that effect.\nA conservation covenant in relation to the land in a nature refuge is binding on persons with an interest in the land to the extent stated in the covenant.\nSubsection (1) applies even if—\nthere is a lease or reserve under the Land Act 1994 over the land in the nature refuge; and\nunder the Land Act 1994 —\nthe lease is renewed or extended; or\nthe lease is converted to freehold land or a different type of lease; or\nthe reserve is converted to freehold land or a different type of reserve.\ns 51 amd 1994 No. 42 s 10 ; 2000 No. 44 s 39 ; 2013 No. 55 s 47\nsub 2019 No. 8 s 14\n(sec.51-ssec.1) A conservation agreement in relation to the land in a nature refuge is binding on— the landholder of the land; and the landholder’s successors in title; and any other person with an interest in land in the nature refuge to the extent the agreement contains terms to that effect.\n(sec.51-ssec.2) A conservation covenant in relation to the land in a nature refuge is binding on persons with an interest in the land to the extent stated in the covenant.\n(sec.51-ssec.3) Subsection (1) applies even if— there is a lease or reserve under the Land Act 1994 over the land in the nature refuge; and under the Land Act 1994 — the lease is renewed or extended; or the lease is converted to freehold land or a different type of lease; or the reserve is converted to freehold land or a different type of reserve.\n- (a) the landholder of the land; and\n- (b) the landholder’s successors in title; and\n- (c) any other person with an interest in land in the nature refuge to the extent the agreement contains terms to that effect.\n- (a) there is a lease or reserve under the Land Act 1994 over the land in the nature refuge; and\n- (b) under the Land Act 1994 — (i) the lease is renewed or extended; or (ii) the lease is converted to freehold land or a different type of lease; or (iii) the reserve is converted to freehold land or a different type of reserve.\n- (i) the lease is renewed or extended; or\n- (ii) the lease is converted to freehold land or a different type of lease; or\n- (iii) the reserve is converted to freehold land or a different type of reserve.\n- (i) the lease is renewed or extended; or\n- (ii) the lease is converted to freehold land or a different type of lease; or\n- (iii) the reserve is converted to freehold land or a different type of reserve.","sortOrder":117},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 ins 1994 No. 42 s 11 ; 2000 No. 44 s 39\namd 2013 No. 55 s 48\nom 2019 No. 8 s 15","sortOrder":118},{"sectionNumber":"pt.4-div.4A","sectionType":"division","heading":"Environmental impact statements","content":"## Environmental impact statements","sortOrder":119},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application of division","content":"### sec.53 Application of division\n\nThis division applies if a person seeks, under section 34 , 35 , 38 , 43F or 43G (1) , an interest in relation to land in a protected area.\nThis division applies despite any other Act under which the interest is to be created.\ns 53 prev s 53 amd 1994 No. 42 s 2 sch ; 2004 No. 48 s 165\nom 2013 No. 55 s 49\npres s 53 (prev s 39A) ins 2000 No. 44 s 21\namd 2019 No. 8 s 10\nrenum and reloc 2019 No. 8 s 11\n(sec.53-ssec.1) This division applies if a person seeks, under section 34 , 35 , 38 , 43F or 43G (1) , an interest in relation to land in a protected area.\n(sec.53-ssec.2) This division applies despite any other Act under which the interest is to be created.","sortOrder":120},{"sectionNumber":"sec.54","sectionType":"section","heading":"Chief executive may require EIS","content":"### sec.54 Chief executive may require EIS\n\nThe chief executive may, before the interest is created, require the person to give the chief executive an EIS for the use, or a stated use, of the land under the interest.\nThe EIS process under the Environmental Protection Act 1994 applies for the EIS as if the use or stated use were a project to which chapter 3 , part 1 of that Act applies.\nThe person must pay the costs of preparing the EIS.\ns 54 prev s 54 amd 1994 No. 42 s 2 sch\nom 2013 No. 55 s 49\npres s 54 (prev s 39B) ins 2000 No. 44 s 21\namd 1994 No. 62 s 616 (2) (as ins 2000 No. 64 s 52 )\nrenum and reloc 2019 No. 8 s 11\n(sec.54-ssec.1) The chief executive may, before the interest is created, require the person to give the chief executive an EIS for the use, or a stated use, of the land under the interest.\n(sec.54-ssec.2) The EIS process under the Environmental Protection Act 1994 applies for the EIS as if the use or stated use were a project to which chapter 3 , part 1 of that Act applies.\n(sec.54-ssec.3) The person must pay the costs of preparing the EIS.","sortOrder":121},{"sectionNumber":"sec.55","sectionType":"section","heading":"EIS must be considered","content":"### sec.55 EIS must be considered\n\nIf an EIS has been required, the interest must not be created before the EIS has been given to the chief executive.\nIf an EIS has been given, the chief executive or other person who may create the interest must take the EIS into account before deciding whether or not to create the interest.\ns 55 prev s 55 amd 1994 No. 42 s 2 sch\nom 2013 No. 55 s 49\npres s 55 (prev s 39C) ins 2000 No. 44 s 21\nrenum and reloc 2019 No. 8 s 11\n(sec.55-ssec.1) If an EIS has been required, the interest must not be created before the EIS has been given to the chief executive.\n(sec.55-ssec.2) If an EIS has been given, the chief executive or other person who may create the interest must take the EIS into account before deciding whether or not to create the interest.","sortOrder":122},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 amd 1994 No. 42 s 2 sch ; 2004 No. 48 s 166\nom 2013 No. 55 s 49","sortOrder":123},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 amd 1994 No. 42 s 2 sch ; 2004 No. 48 s 167\nom 2013 No. 55 s 49","sortOrder":124},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 amd 1994 No. 42 s 2 sch\nom 2013 No. 55 s 49","sortOrder":125},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 amd 1994 No. 42 s 2 sch\nom 2013 No. 55 s 49","sortOrder":126},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 amd 1995 No. 42 s 2 sch\nom 2013 No. 55 s 49","sortOrder":127},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Cultural and natural resources","content":"## Cultural and natural resources","sortOrder":128},{"sectionNumber":"sec.61","sectionType":"section","heading":"Property in cultural and natural resources","content":"### sec.61 Property in cultural and natural resources\n\nAll cultural and natural resources of a national park (scientific), national park, conservation park or resources reserve are the property of the State.\nHowever, if land in a protected area mentioned in subsection (1) was included in a forest reserve immediately before the dedication of the protected area, subsection (1) does not extinguish or affect native title or native title rights and interests in relation to the land.\nAlso, subsection (1) has effect subject to—\nthe Aboriginal Cultural Heritage Act 2003 to the extent it provides for the ownership of Aboriginal cultural heritage other than by the State; and\nthe Torres Strait Islander Cultural Heritage Act 2003 to the extent it provides for the ownership of Torres Strait Islander cultural heritage other than by the State.\ns 61 amd 2000 No. 44 s 23 ; 2003 No. 79 s 170 sch 1 ; 2013 No. 55 s 141 ; 2016 No. 22 s 20\n(sec.61-ssec.1) All cultural and natural resources of a national park (scientific), national park, conservation park or resources reserve are the property of the State.\n(sec.61-ssec.2) However, if land in a protected area mentioned in subsection (1) was included in a forest reserve immediately before the dedication of the protected area, subsection (1) does not extinguish or affect native title or native title rights and interests in relation to the land.\n(sec.61-ssec.3) Also, subsection (1) has effect subject to— the Aboriginal Cultural Heritage Act 2003 to the extent it provides for the ownership of Aboriginal cultural heritage other than by the State; and the Torres Strait Islander Cultural Heritage Act 2003 to the extent it provides for the ownership of Torres Strait Islander cultural heritage other than by the State.\n- (a) the Aboriginal Cultural Heritage Act 2003 to the extent it provides for the ownership of Aboriginal cultural heritage other than by the State; and\n- (b) the Torres Strait Islander Cultural Heritage Act 2003 to the extent it provides for the ownership of Torres Strait Islander cultural heritage other than by the State.","sortOrder":129},{"sectionNumber":"sec.62","sectionType":"section","heading":"Restriction on taking etc. of cultural and natural resources of protected areas","content":"### sec.62 Restriction on taking etc. of cultural and natural resources of protected areas\n\nA person, other than an authorised person, must not take, use, keep or interfere with a cultural or natural resource of a protected area, other than under—\nthe interim or declared management intent for the area; or\nan Indigenous management agreement in relation to the area or any conservation agreement, conservation covenant or management program applicable to the area; or\na lease, agreement, licence, permit or other authority granted, made, issued or given—\nby the chief executive under a prescribed provision; or\nunder the Forestry Act 1959 or Mineral Resources Act 1989 ; or\nunder another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or\na licence, permit or other authority issued or given under a regulation; or\nif the area is a conservation park, resources reserve, nature refuge or a coordinated conservation area—an exemption under a regulation.\nMaximum penalty—3,000 penalty units or 2 years imprisonment.\nIt is a defence to a charge of taking or interfering with a cultural or natural resource in contravention of subsection (1) to prove that—\nthe taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and\nthe taking or interference could not have been reasonably avoided.\nSubsection (2) does not allow a person to use or keep the resource.\nDespite subsection (1) and section 15 , but subject to the conditions prescribed under a regulation, a person may take—\na fish in a prescribed place; or\nan invertebrate animal in a prescribed place for use as bait to take fish under paragraph (a) ; or\na mud crab ( Scylla serrata ) in a prescribed place.\nHowever, subsection (4) does not authorise a person to take—\nan animal for a commercial purpose; or\nan animal prescribed under this Act as threatened or near threatened wildlife; or\nan animal prescribed under a regulation for this paragraph.\nAlso, subsection (4) does not, in itself, authorise a person to enter a prescribed place.\nIn this section—\nnational park includes a national park (Aboriginal land), national park (Torres Strait Islander land) and national park (Cape York Peninsula Aboriginal land).\nprescribed place means a national park, or part of a national park, prescribed under a regulation for subsection (4) (a) , (b) or (c) .\nprescribed provision means section 34 , 35 , 35A , 36 , 37 , 38 , 42AD , 42AE , 42AEA , 42AN , 42AO , 42AOA , 42AP , 43F , 43G or 43H .\ns 62 amd 1994 No. 42 s 12 ; 1997 No. 8 s 4 ; 2000 No. 44 s 24 ; 2004 No. 14 s 4 ; 2005 No. 53 s 133 ; 2007 No. 48 s 49A ; 2013 No. 55 ss 142 , 175 sch 1 pt 1 ; 2016 No. 22 s 21 ; 2019 No. 8 s 16 ; 2022 No. 21 s 10 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.62-ssec.1) A person, other than an authorised person, must not take, use, keep or interfere with a cultural or natural resource of a protected area, other than under— the interim or declared management intent for the area; or an Indigenous management agreement in relation to the area or any conservation agreement, conservation covenant or management program applicable to the area; or a lease, agreement, licence, permit or other authority granted, made, issued or given— by the chief executive under a prescribed provision; or under the Forestry Act 1959 or Mineral Resources Act 1989 ; or under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or a licence, permit or other authority issued or given under a regulation; or if the area is a conservation park, resources reserve, nature refuge or a coordinated conservation area—an exemption under a regulation. Maximum penalty—3,000 penalty units or 2 years imprisonment.\n(sec.62-ssec.2) It is a defence to a charge of taking or interfering with a cultural or natural resource in contravention of subsection (1) to prove that— the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and the taking or interference could not have been reasonably avoided.\n(sec.62-ssec.3) Subsection (2) does not allow a person to use or keep the resource.\n(sec.62-ssec.4) Despite subsection (1) and section 15 , but subject to the conditions prescribed under a regulation, a person may take— a fish in a prescribed place; or an invertebrate animal in a prescribed place for use as bait to take fish under paragraph (a) ; or a mud crab ( Scylla serrata ) in a prescribed place.\n(sec.62-ssec.5) However, subsection (4) does not authorise a person to take— an animal for a commercial purpose; or an animal prescribed under this Act as threatened or near threatened wildlife; or an animal prescribed under a regulation for this paragraph.\n(sec.62-ssec.6) Also, subsection (4) does not, in itself, authorise a person to enter a prescribed place.\n(sec.62-ssec.7) In this section— national park includes a national park (Aboriginal land), national park (Torres Strait Islander land) and national park (Cape York Peninsula Aboriginal land). prescribed place means a national park, or part of a national park, prescribed under a regulation for subsection (4) (a) , (b) or (c) . prescribed provision means section 34 , 35 , 35A , 36 , 37 , 38 , 42AD , 42AE , 42AEA , 42AN , 42AO , 42AOA , 42AP , 43F , 43G or 43H .\n- (a) the interim or declared management intent for the area; or\n- (b) an Indigenous management agreement in relation to the area or any conservation agreement, conservation covenant or management program applicable to the area; or\n- (c) a lease, agreement, licence, permit or other authority granted, made, issued or given— (i) by the chief executive under a prescribed provision; or (ii) under the Forestry Act 1959 or Mineral Resources Act 1989 ; or (iii) under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or\n- (i) by the chief executive under a prescribed provision; or\n- (ii) under the Forestry Act 1959 or Mineral Resources Act 1989 ; or\n- (iii) under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or\n- (d) a licence, permit or other authority issued or given under a regulation; or\n- (e) if the area is a conservation park, resources reserve, nature refuge or a coordinated conservation area—an exemption under a regulation.\n- (i) by the chief executive under a prescribed provision; or\n- (ii) under the Forestry Act 1959 or Mineral Resources Act 1989 ; or\n- (iii) under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or\n- (a) the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and\n- (b) the taking or interference could not have been reasonably avoided.\n- (a) a fish in a prescribed place; or\n- (b) an invertebrate animal in a prescribed place for use as bait to take fish under paragraph (a) ; or\n- (c) a mud crab ( Scylla serrata ) in a prescribed place.\n- (a) an animal for a commercial purpose; or\n- (b) an animal prescribed under this Act as threatened or near threatened wildlife; or\n- (c) an animal prescribed under a regulation for this paragraph.","sortOrder":130},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"General","content":"## General","sortOrder":131},{"sectionNumber":"sec.63","sectionType":"section","heading":"Meaning of landholder in division","content":"### sec.63 Meaning of landholder in division\n\nIn this division—\nlandholder includes a person having an interest in land.","sortOrder":132},{"sectionNumber":"sec.64","sectionType":"section","heading":"Naming of protected areas","content":"### sec.64 Naming of protected areas\n\nThe Governor in Council may, by regulation, assign a name to, or alter the name of, a protected area or aggregation of protected areas.\ns 64 amd 1994 No. 42 s 2 sch","sortOrder":133},{"sectionNumber":"sec.65","sectionType":"section","heading":"Effect of change in class of protected area","content":"### sec.65 Effect of change in class of protected area\n\nIf a protected area, or part of a protected area, is dedicated or declared under this Act to be a protected area of a different class, the later dedication or declaration revokes the earlier dedication or declaration of the area or the part of the area to which the dedication or declaration relates.\nTo allay any doubt—\nsubsection (1) applies subject to sections 32 , 33 and 43J ; and\nsubsection (1) does not apply to the declaration of a protected area that includes another class of protected area.\ns 65 amd 1994 No. 42 s 2 sch ; 2007 No. 56 s 34 ; 2019 No. 8 s 17\n(sec.65-ssec.1) If a protected area, or part of a protected area, is dedicated or declared under this Act to be a protected area of a different class, the later dedication or declaration revokes the earlier dedication or declaration of the area or the part of the area to which the dedication or declaration relates.\n(sec.65-ssec.2) To allay any doubt— subsection (1) applies subject to sections 32 , 33 and 43J ; and subsection (1) does not apply to the declaration of a protected area that includes another class of protected area.\n- (a) subsection (1) applies subject to sections 32 , 33 and 43J ; and\n- (b) subsection (1) does not apply to the declaration of a protected area that includes another class of protected area.","sortOrder":134},{"sectionNumber":"sec.66","sectionType":"section","heading":"Offset condition for protected area authority","content":"### sec.66 Offset condition for protected area authority\n\nA condition of a protected area authority may require or otherwise relate to an environmental offset (an offset condition ).\nThe Environmental Offsets Act 2014 , part 6 , states further conditions that apply to a protected area authority and those further conditions are called deemed conditions. A breach of a deemed condition may be dealt with under this Act.\nAn offset condition may require an environmental offset to be undertaken on land to which a protected area authority applies or on other land in the State.\nIf an applicant for a protected area authority has entered into an agreement about an environmental offset, an offset condition may require the applicant to comply with the agreement.\nAn agreement entered into under subsection (3) is not an environmental offset agreement under the Environmental Offsets Act 2014 .\nIn this section—\nenvironmental offset see the Environmental Offsets Act 2014 , schedule 2 .\nprotected area authority means a lease, agreement, licence, permit or other authority under this Act (including under a regulation) over, or in relation to, land in a protected area.\ns 66 prev s 66 amd 1994 No. 42 s 13\nom 2013 No. 55 s 51\npres s 66 ins 2014 No. 33 s 130\n(sec.66-ssec.1) A condition of a protected area authority may require or otherwise relate to an environmental offset (an offset condition ). The Environmental Offsets Act 2014 , part 6 , states further conditions that apply to a protected area authority and those further conditions are called deemed conditions. A breach of a deemed condition may be dealt with under this Act.\n(sec.66-ssec.2) An offset condition may require an environmental offset to be undertaken on land to which a protected area authority applies or on other land in the State.\n(sec.66-ssec.3) If an applicant for a protected area authority has entered into an agreement about an environmental offset, an offset condition may require the applicant to comply with the agreement.\n(sec.66-ssec.4) An agreement entered into under subsection (3) is not an environmental offset agreement under the Environmental Offsets Act 2014 .\n(sec.66-ssec.5) In this section— environmental offset see the Environmental Offsets Act 2014 , schedule 2 . protected area authority means a lease, agreement, licence, permit or other authority under this Act (including under a regulation) over, or in relation to, land in a protected area.","sortOrder":135},{"sectionNumber":"sec.66A","sectionType":"section","heading":"Conditions of protected area authority","content":"### sec.66A Conditions of protected area authority\n\nThis section applies if, on or after the commencement of this section, a protected area authority becomes, under this Act, subject to an offset condition.\nTo the extent the offset condition is inconsistent with a deemed condition, the deemed condition prevails.\nSee the Environmental Offsets Act 2014 , section 5 (3) . Under that provision, particular imposed conditions prevail over deemed conditions.\nIn this section—\ndeemed condition see the Environmental Offsets Act 2014 , schedule 2 .\noffset condition see section 66 (1) .\nprotected area authority see section 66 (5) .\ns 66A ins 2014 No. 33 s 130\n(sec.66A-ssec.1) This section applies if, on or after the commencement of this section, a protected area authority becomes, under this Act, subject to an offset condition.\n(sec.66A-ssec.2) To the extent the offset condition is inconsistent with a deemed condition, the deemed condition prevails. See the Environmental Offsets Act 2014 , section 5 (3) . Under that provision, particular imposed conditions prevail over deemed conditions.\n(sec.66A-ssec.3) In this section— deemed condition see the Environmental Offsets Act 2014 , schedule 2 . offset condition see section 66 (1) . protected area authority see section 66 (5) .","sortOrder":136},{"sectionNumber":"sec.67","sectionType":"section","heading":"Compensation when nature refuge declared","content":"### sec.67 Compensation when nature refuge declared\n\nThis section applies if a nature refuge is declared under section 49 .\nIf a landholder’s interest in land is injuriously affected by a restriction or prohibition imposed under the declaration on the landholder’s existing use of the land, the landholder is entitled to be paid by the State the reasonable compensation because of the restriction or prohibition that is agreed between the State and the landholder or, failing agreement, decided by the Land Court.\nThe landholder’s interest in the land is not injuriously affected if the restriction or prohibition under the declaration is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the declaration.\nCompensation is not payable if compensation has already been paid for—\nthe restriction or prohibition; or\na restriction or prohibition to the same effect.\nA claim for compensation must—\nbe made in a form approved by the chief executive; and\nbe made to the chief executive within 6 months after the declaration of the nature refuge, or the longer period the chief executive or Land Court in special circumstances allows.\nIn making a determination, the Land Court must have regard to the following matters—\nthe capacity of the land to sustain the existing use;\nany change in the value of the land because of the declaration;\nany change in the profitability of the land because of the declaration.\nSubsection (6) does not limit the matters to which the Land Court may have regard in making a determination.\nSubsection (2) does not apply to land if—\nwhen the nature refuge is declared, the area the subject of the declaration is identified as, or including, a critical habitat or an area of major interest in—\na regulation (the first regulation ); or\na conservation plan; and\nthe regulation making the declaration declares that the first regulation or conservation plan continues to apply to the area after the declaration; and\nthe landholder receives, or is entitled to receive, compensation under section 137A in relation to the land because of the making of the first regulation or approval of the conservation plan.\nIn this section—\nexisting use of land includes a lawful use made of the land immediately before the restriction or prohibition imposed under the declaration or regulation mentioned in subsection (1) started applying to the land.\ns 67 sub 1994 No. 42 s 14\namd 2000 No. 44 s 39 ; 2013 No. 55 s 143 ; 2013 No. 50 s 4 (1) – (3) (amdts could not be given effect); 2013 No. 50 s 4 (4)\n(sec.67-ssec.1) This section applies if a nature refuge is declared under section 49 .\n(sec.67-ssec.2) If a landholder’s interest in land is injuriously affected by a restriction or prohibition imposed under the declaration on the landholder’s existing use of the land, the landholder is entitled to be paid by the State the reasonable compensation because of the restriction or prohibition that is agreed between the State and the landholder or, failing agreement, decided by the Land Court.\n(sec.67-ssec.3) The landholder’s interest in the land is not injuriously affected if the restriction or prohibition under the declaration is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the declaration.\n(sec.67-ssec.4) Compensation is not payable if compensation has already been paid for— the restriction or prohibition; or a restriction or prohibition to the same effect.\n(sec.67-ssec.5) A claim for compensation must— be made in a form approved by the chief executive; and be made to the chief executive within 6 months after the declaration of the nature refuge, or the longer period the chief executive or Land Court in special circumstances allows.\n(sec.67-ssec.6) In making a determination, the Land Court must have regard to the following matters— the capacity of the land to sustain the existing use; any change in the value of the land because of the declaration; any change in the profitability of the land because of the declaration.\n(sec.67-ssec.7) Subsection (6) does not limit the matters to which the Land Court may have regard in making a determination.\n(sec.67-ssec.8) Subsection (2) does not apply to land if— when the nature refuge is declared, the area the subject of the declaration is identified as, or including, a critical habitat or an area of major interest in— a regulation (the first regulation ); or a conservation plan; and the regulation making the declaration declares that the first regulation or conservation plan continues to apply to the area after the declaration; and the landholder receives, or is entitled to receive, compensation under section 137A in relation to the land because of the making of the first regulation or approval of the conservation plan.\n(sec.67-ssec.9) In this section— existing use of land includes a lawful use made of the land immediately before the restriction or prohibition imposed under the declaration or regulation mentioned in subsection (1) started applying to the land.\n- (a) the restriction or prohibition; or\n- (b) a restriction or prohibition to the same effect.\n- (a) be made in a form approved by the chief executive; and\n- (b) be made to the chief executive within 6 months after the declaration of the nature refuge, or the longer period the chief executive or Land Court in special circumstances allows.\n- (a) the capacity of the land to sustain the existing use;\n- (b) any change in the value of the land because of the declaration;\n- (c) any change in the profitability of the land because of the declaration.\n- (a) when the nature refuge is declared, the area the subject of the declaration is identified as, or including, a critical habitat or an area of major interest in— (i) a regulation (the first regulation ); or (ii) a conservation plan; and\n- (i) a regulation (the first regulation ); or\n- (ii) a conservation plan; and\n- (b) the regulation making the declaration declares that the first regulation or conservation plan continues to apply to the area after the declaration; and\n- (c) the landholder receives, or is entitled to receive, compensation under section 137A in relation to the land because of the making of the first regulation or approval of the conservation plan.\n- (i) a regulation (the first regulation ); or\n- (ii) a conservation plan; and","sortOrder":137},{"sectionNumber":"sec.68","sectionType":"section","heading":"No compensation on termination of conservation agreements or revocation of protected areas","content":"### sec.68 No compensation on termination of conservation agreements or revocation of protected areas\n\nIf—\na conservation agreement is terminated under this Act; or\na declaration of a protected area is revoked, in whole or part;\nthe landholders concerned are not entitled to compensation because of the termination or revocation.\n- (a) a conservation agreement is terminated under this Act; or\n- (b) a declaration of a protected area is revoked, in whole or part;","sortOrder":138},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Liability of State","content":"### sec.68A Liability of State\n\nThe State is not legally liable for an act or omission on, or in relation to, private land merely because—\na conservation agreement has been entered into for the land; or\nthe land has been declared as, or as part of, a special wildlife reserve, nature refuge or coordinated conservation area.\nIn this section—\nprivate land means land other than State land.\ns 68A ins 2019 No. 8 s 18\n(sec.68A-ssec.1) The State is not legally liable for an act or omission on, or in relation to, private land merely because— a conservation agreement has been entered into for the land; or the land has been declared as, or as part of, a special wildlife reserve, nature refuge or coordinated conservation area.\n(sec.68A-ssec.2) In this section— private land means land other than State land.\n- (a) a conservation agreement has been entered into for the land; or\n- (b) the land has been declared as, or as part of, a special wildlife reserve, nature refuge or coordinated conservation area.","sortOrder":139},{"sectionNumber":"sec.69","sectionType":"section","heading":"Preservation of landholders’ interests","content":"### sec.69 Preservation of landholders’ interests\n\nThe interests of a landholder of land forming part of a protected area are not affected by—\nthe dedication or declaration of the protected area; or\nthe declaration of the protected area, or part of the protected area, as a special management area (controlled action).\nSubsection (1) does not apply to the extent—\nthe landholder is bound by a conservation agreement or conservation covenant in relation to the land; or\nof a regulation giving effect to a management plan for the protected area.\nSubsection (1) is subject to section 43L .\ns 69 amd 1994 No. 42 s 2 sch ; 2013 No. 55 s 175 sch 1 pt 1\nsub 2013 No. 55 s 144\namd 2016 No. 22 s 22; 2019 No. 8 s 19\n(sec.69-ssec.1) The interests of a landholder of land forming part of a protected area are not affected by— the dedication or declaration of the protected area; or the declaration of the protected area, or part of the protected area, as a special management area (controlled action).\n(sec.69-ssec.2) Subsection (1) does not apply to the extent— the landholder is bound by a conservation agreement or conservation covenant in relation to the land; or of a regulation giving effect to a management plan for the protected area.\n(sec.69-ssec.3) Subsection (1) is subject to section 43L .\n- (a) the dedication or declaration of the protected area; or\n- (b) the declaration of the protected area, or part of the protected area, as a special management area (controlled action).\n- (a) the landholder is bound by a conservation agreement or conservation covenant in relation to the land; or\n- (b) of a regulation giving effect to a management plan for the protected area.","sortOrder":140},{"sectionNumber":"sec.70","sectionType":"section","heading":"Unlawful use of certain words","content":"### sec.70 Unlawful use of certain words\n\nA person must not use words about an area that is not a protected area in a way that is likely to cause someone else reasonably to believe the area is a protected area.\nMaximum penalty—50 penalty units.\nA person must not use words about a protected area in a way that is likely to cause someone else reasonably to believe the area is a protected area of a different class.\nMaximum penalty—50 penalty units.\nHowever, subsections (1) and (2) do not stop a person using the words ‘national park’ or ‘conservation park’ in referring to the name of—\na zone of a marine park set apart and declared under the Marine Parks Act 1982 ; or\nan area declared to be part of the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .\ns 70 sub 1994 No. 42 s 15\namd 2003 No. 96 s 20 ; 2013 No. 55 s 145 ; 2016 No. 22 s 23\n(sec.70-ssec.1) A person must not use words about an area that is not a protected area in a way that is likely to cause someone else reasonably to believe the area is a protected area. Maximum penalty—50 penalty units.\n(sec.70-ssec.2) A person must not use words about a protected area in a way that is likely to cause someone else reasonably to believe the area is a protected area of a different class. Maximum penalty—50 penalty units.\n(sec.70-ssec.3) However, subsections (1) and (2) do not stop a person using the words ‘national park’ or ‘conservation park’ in referring to the name of— a zone of a marine park set apart and declared under the Marine Parks Act 1982 ; or an area declared to be part of the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .\n- (a) a zone of a marine park set apart and declared under the Marine Parks Act 1982 ; or\n- (b) an area declared to be part of the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .","sortOrder":141},{"sectionNumber":"sec.70AA","sectionType":"section","heading":"Regulations may define extent of area","content":"### sec.70AA Regulations may define extent of area\n\nThis section applies to a regulation made under a prescribed provision.\nThe regulation may define the extent of the area or land dedicated or declared under the regulation by reference to—\na specified depth below the surface of land; or\na specified height above the surface of land.\nIn this section—\nprescribed provision means section 29 (1) , 41 (5) , 42 (5) , 42AB (2) , 42AC (2) , 42AI (2) , 42AJ (2) , 43D or 46 (1) .\ns 70AA ins 2013 No. 55 s 146\namd 2016 No. 22 s 24 ; 2019 No. 8 s 20\n(sec.70AA-ssec.1) This section applies to a regulation made under a prescribed provision.\n(sec.70AA-ssec.2) The regulation may define the extent of the area or land dedicated or declared under the regulation by reference to— a specified depth below the surface of land; or a specified height above the surface of land.\n(sec.70AA-ssec.3) In this section— prescribed provision means section 29 (1) , 41 (5) , 42 (5) , 42AB (2) , 42AC (2) , 42AI (2) , 42AJ (2) , 43D or 46 (1) .\n- (a) a specified depth below the surface of land; or\n- (b) a specified height above the surface of land.","sortOrder":142},{"sectionNumber":"pt.4A","sectionType":"part","heading":null,"content":"","sortOrder":143},{"sectionNumber":"pt.4A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":144},{"sectionNumber":"sec.70A","sectionType":"section","heading":null,"content":"### Section sec.70A\n\ns 70A ins 2000 No. 44 s 25\namd 2007 No. 36 s 2 sch ; 2013 No. 55 s 52\nexp 31 December 2025 (see s 70R)","sortOrder":145},{"sectionNumber":"sec.70B","sectionType":"section","heading":null,"content":"### Section sec.70B\n\ns 70B ins 2000 No. 44 s 25\namd 2013 No. 55 s 53\nexp 31 December 2025 (see s 70R)","sortOrder":146},{"sectionNumber":"sec.70BA","sectionType":"section","heading":null,"content":"### Section sec.70BA\n\ns 70BA ins 2008 No. 52 s 94\nexp 31 December 2025 (see s 70R)","sortOrder":147},{"sectionNumber":"sec.70C","sectionType":"section","heading":null,"content":"### Section sec.70C\n\ns 70C ins 2000 No. 44 s 25\namd 2002 No. 72 s 27\nom 2013 No. 55 s 55","sortOrder":148},{"sectionNumber":"sec.70D","sectionType":"section","heading":null,"content":"### Section sec.70D\n\ns 70D ins 2000 No. 44 s 25\nom 2013 No. 55 s 56","sortOrder":149},{"sectionNumber":"pt.4A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":150},{"sectionNumber":"sec.70E","sectionType":"section","heading":null,"content":"### Section sec.70E\n\ns 70E ins 2000 No. 44 s 25\namd 2004 No. 48 s 168 ; 2011 No. 6 s 142 sch ; 2011 No. 26 s 189 sch (amdt could not be given effect); 2013 No. 55 s 57\nexp 31 December 2025 (see s 70R)","sortOrder":151},{"sectionNumber":"sec.70EA","sectionType":"section","heading":null,"content":"### Section sec.70EA\n\ns 70EA ins 2011 No. 31 s 346\namd 2013 No. 55 s 58 ; 2021 No. 12 s 148 sch 3\nexp 31 December 2025 (see s 70R)","sortOrder":152},{"sectionNumber":"sec.70EB","sectionType":"section","heading":null,"content":"### Section sec.70EB\n\ns 70EB ins 2011 No. 31 s 346\nom 2013 No. 55 s 59","sortOrder":153},{"sectionNumber":"pt.4A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":154},{"sectionNumber":"sec.70F","sectionType":"section","heading":null,"content":"### Section sec.70F\n\ns 70F ins 2000 No. 44 s 25\nexp 31 December 2025 (see s 70R)","sortOrder":155},{"sectionNumber":"sec.70G","sectionType":"section","heading":null,"content":"### Section sec.70G\n\ns 70G ins 2000 No. 44 s 25\namd 2013 No. 55 s 175 sch 1 pt 1\nexp 31 December 2025 (see s 70R)","sortOrder":156},{"sectionNumber":"sec.70H","sectionType":"section","heading":null,"content":"### Section sec.70H\n\ns 70H ins 2000 No. 44 s 25\nexp 31 December 2025 (see s 70R)","sortOrder":157},{"sectionNumber":"sec.70I","sectionType":"section","heading":null,"content":"### Section sec.70I\n\ns 70I ins 2000 No. 44 s 25\nexp 31 December 2025 (see s 70R)","sortOrder":158},{"sectionNumber":"pt.4A-div.4","sectionType":"division","heading":null,"content":"","sortOrder":159},{"sectionNumber":"sec.70J","sectionType":"section","heading":"Review","content":"### sec.70J Review\n\ns 70J ins 2000 No. 44 s 25\nexp 31 December 2025 (see s 70R)","sortOrder":160},{"sectionNumber":"sec.70JA","sectionType":"section","heading":null,"content":"### Section sec.70JA\n\ns 70JA ins 2008 No. 52 s 95\nexp 31 December 2025 (see s 70R)","sortOrder":161},{"sectionNumber":"sec.70JB","sectionType":"section","heading":null,"content":"### Section sec.70JB\n\ns 70JB ins 2008 No. 52 s 95\nexp 31 December 2025 (see s 70R)","sortOrder":162},{"sectionNumber":"sec.70K","sectionType":"section","heading":null,"content":"### Section sec.70K\n\ns 70K ins 2000 No. 44 s 25\namd 2008 No. 52 s 96\nexp 31 December 2025 (see s 70R)","sortOrder":163},{"sectionNumber":"sec.70L","sectionType":"section","heading":null,"content":"### Section sec.70L\n\ns 70L ins 2000 No. 44 s 25\nexp 31 December 2025 (see s 70R)","sortOrder":164},{"sectionNumber":"sec.70M","sectionType":"section","heading":null,"content":"### Section sec.70M\n\ns 70M ins 2000 No. 44 s 25\namd 2013 No. 55 s 60\nexp 31 December 2025 (see s 70R)","sortOrder":165},{"sectionNumber":"sec.70N","sectionType":"section","heading":null,"content":"### Section sec.70N\n\ns 70N ins 2000 No. 44 s 25\nexp 31 December 2025 (see s 70R)","sortOrder":166},{"sectionNumber":"sec.70O","sectionType":"section","heading":null,"content":"### Section sec.70O\n\ns 70O ins 2000 No. 44 s 25\nexp 31 December 2025 (see s 70R)","sortOrder":167},{"sectionNumber":"pt.4A-div.5","sectionType":"division","heading":null,"content":"","sortOrder":168},{"sectionNumber":"sec.70P","sectionType":"section","heading":null,"content":"### Section sec.70P\n\ns 70P ins 2000 No. 44 s 25\nexp 31 December 2025 (see s 70R)","sortOrder":169},{"sectionNumber":"sec.70Q","sectionType":"section","heading":null,"content":"### Section sec.70Q\n\ns 70Q ins 2000 No. 44 s 25\nexp 31 December 2025 (see s 70R)","sortOrder":170},{"sectionNumber":"sec.70QA","sectionType":"section","heading":null,"content":"### Section sec.70QA\n\ns 70QA ins 2004 No. 26 s 275\namd 2009 No. 3 s 521 ; 2010 No. 31 s 585 sch 2 pt 4\nexp 31 December 2025 (see s 70R)","sortOrder":171},{"sectionNumber":"pt.4A-div.6","sectionType":"division","heading":null,"content":"","sortOrder":172},{"sectionNumber":"sec.70R","sectionType":"section","heading":null,"content":"### Section sec.70R\n\ns 70R ins 2000 No. 44 s 25\nsub 2005 No. 53 s 134\nexp 31 December 2025 (see s 70R)","sortOrder":173},{"sectionNumber":"pt.5","sectionType":"part","heading":"Wildlife and habitat conservation","content":"# Wildlife and habitat conservation","sortOrder":174},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Basic concepts","content":"## Basic concepts","sortOrder":175},{"sectionNumber":"sec.71","sectionType":"section","heading":"Classes of wildlife to which Act applies","content":"### sec.71 Classes of wildlife to which Act applies\n\nThe classes of wildlife to which this Act applies are—\nprotected wildlife, that is—\nextinct wildlife; and\nextinct in the wild wildlife; and\ncritically endangered wildlife; and\nendangered wildlife; and\nvulnerable wildlife; and\nnear threatened wildlife; and\nleast concern wildlife; and\ninternational wildlife; and\nprohibited wildlife.\ns 71 amd 2004 No. 14 s 5 ; 2013 No. 55 s 175 sch 1 pt 1 ; 2019 No. 28 s 30\n- (a) protected wildlife, that is— (i) extinct wildlife; and (ii) extinct in the wild wildlife; and (iii) critically endangered wildlife; and (iv) endangered wildlife; and (v) vulnerable wildlife; and (vi) near threatened wildlife; and (vii) least concern wildlife; and\n- (i) extinct wildlife; and\n- (ii) extinct in the wild wildlife; and\n- (iii) critically endangered wildlife; and\n- (iv) endangered wildlife; and\n- (v) vulnerable wildlife; and\n- (vi) near threatened wildlife; and\n- (vii) least concern wildlife; and\n- (b) international wildlife; and\n- (c) prohibited wildlife.\n- (i) extinct wildlife; and\n- (ii) extinct in the wild wildlife; and\n- (iii) critically endangered wildlife; and\n- (iv) endangered wildlife; and\n- (v) vulnerable wildlife; and\n- (vi) near threatened wildlife; and\n- (vii) least concern wildlife; and","sortOrder":176},{"sectionNumber":"sec.72","sectionType":"section","heading":"Management of wildlife—general","content":"### sec.72 Management of wildlife—general\n\nWildlife is to be managed in accordance with—\nthe management principles prescribed by this division for the class of the wildlife; and\nthe declared management intent for the wildlife; and\nany conservation plan for the wildlife.\nThe declared management intent for wildlife is the management intent applicable to the wildlife under the regulations.\nThe declared management intent for wildlife must contain a statement of—\nthe significance of the wildlife to nature and its value; and\nthe proposed management intent for the wildlife; and\nthe principles relating to any proposed taking and use of the wildlife.\n(sec.72-ssec.1) Wildlife is to be managed in accordance with— the management principles prescribed by this division for the class of the wildlife; and the declared management intent for the wildlife; and any conservation plan for the wildlife.\n(sec.72-ssec.2) The declared management intent for wildlife is the management intent applicable to the wildlife under the regulations.\n(sec.72-ssec.3) The declared management intent for wildlife must contain a statement of— the significance of the wildlife to nature and its value; and the proposed management intent for the wildlife; and the principles relating to any proposed taking and use of the wildlife.\n- (a) the management principles prescribed by this division for the class of the wildlife; and\n- (b) the declared management intent for the wildlife; and\n- (c) any conservation plan for the wildlife.\n- (a) the significance of the wildlife to nature and its value; and\n- (b) the proposed management intent for the wildlife; and\n- (c) the principles relating to any proposed taking and use of the wildlife.","sortOrder":177},{"sectionNumber":"sec.73","sectionType":"section","heading":"Management principles of protected wildlife","content":"### sec.73 Management principles of protected wildlife\n\nProtected wildlife is to be managed to—\nconserve the wildlife and its values and, in particular to—\nensure the survival and natural development of the wildlife in the wild; and\nconserve the biological diversity of the wildlife to the greatest possible extent; and\nidentify, and reduce or remove, the effects of threatening processes relating to the wildlife; and\nidentify the wildlife’s critical habitat and conserve it to the greatest possible extent; and\nensure that any use of the wildlife—\nfor scientific study and monitoring; or\nfor educational, recreational, commercial and authorised purposes; or\nby Aboriginal peoples under Aboriginal tradition or Torres Strait Islander peoples under Ailan Kastom;\nis ecologically sustainable.\ns 73 amd 2024 No. 17 s 192 sch 1 pt 3\n- (a) conserve the wildlife and its values and, in particular to— (i) ensure the survival and natural development of the wildlife in the wild; and (ii) conserve the biological diversity of the wildlife to the greatest possible extent; and (iii) identify, and reduce or remove, the effects of threatening processes relating to the wildlife; and (iv) identify the wildlife’s critical habitat and conserve it to the greatest possible extent; and\n- (i) ensure the survival and natural development of the wildlife in the wild; and\n- (ii) conserve the biological diversity of the wildlife to the greatest possible extent; and\n- (iii) identify, and reduce or remove, the effects of threatening processes relating to the wildlife; and\n- (iv) identify the wildlife’s critical habitat and conserve it to the greatest possible extent; and\n- (b) ensure that any use of the wildlife— (i) for scientific study and monitoring; or (ii) for educational, recreational, commercial and authorised purposes; or (iii) by Aboriginal peoples under Aboriginal tradition or Torres Strait Islander peoples under Ailan Kastom; is ecologically sustainable.\n- (i) for scientific study and monitoring; or\n- (ii) for educational, recreational, commercial and authorised purposes; or\n- (iii) by Aboriginal peoples under Aboriginal tradition or Torres Strait Islander peoples under Ailan Kastom;\n- (i) ensure the survival and natural development of the wildlife in the wild; and\n- (ii) conserve the biological diversity of the wildlife to the greatest possible extent; and\n- (iii) identify, and reduce or remove, the effects of threatening processes relating to the wildlife; and\n- (iv) identify the wildlife’s critical habitat and conserve it to the greatest possible extent; and\n- (i) for scientific study and monitoring; or\n- (ii) for educational, recreational, commercial and authorised purposes; or\n- (iii) by Aboriginal peoples under Aboriginal tradition or Torres Strait Islander peoples under Ailan Kastom;","sortOrder":178},{"sectionNumber":"sec.74","sectionType":"section","heading":"Management principles of international wildlife","content":"### sec.74 Management principles of international wildlife\n\nInternational wildlife is to be managed in accordance with the wildlife’s international conservation significance and, in particular—\nto ensure the protection of protected wildlife from any threatening process that may be posed by the wildlife; and\nto prevent unlawful introduction of the wildlife into the State; and\nto prohibit the release of the wildlife into the wild except under a licence, permit or other authority issued or given under a regulation.\ns 74 amd 2004 No. 48 s 169 ; 2011 No. 6 s 142 sch ; 2011 No. 26 s 189 sch (amdt could not be given effect)\n- (a) to ensure the protection of protected wildlife from any threatening process that may be posed by the wildlife; and\n- (b) to prevent unlawful introduction of the wildlife into the State; and\n- (c) to prohibit the release of the wildlife into the wild except under a licence, permit or other authority issued or given under a regulation.","sortOrder":179},{"sectionNumber":"sec.75","sectionType":"section","heading":"Management principles of prohibited wildlife","content":"### sec.75 Management principles of prohibited wildlife\n\nProhibited wildlife is to be managed to—\nprohibit the release of the wildlife into the wild except under a licence, permit or other authority issued or given under a regulation; and\nidentify and, if practicable, control any threatening process caused by the wildlife; and\nreduce and, if possible, eliminate the population and distribution of the wildlife in the wild; and\nencourage the humane taking and use of the wildlife.\n- (a) prohibit the release of the wildlife into the wild except under a licence, permit or other authority issued or given under a regulation; and\n- (b) identify and, if practicable, control any threatening process caused by the wildlife; and\n- (c) reduce and, if possible, eliminate the population and distribution of the wildlife in the wild; and\n- (d) encourage the humane taking and use of the wildlife.","sortOrder":180},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Classes of wildlife","content":"## Classes of wildlife","sortOrder":181},{"sectionNumber":"sec.76","sectionType":"section","heading":"Native wildlife may be prescribed as extinct wildlife","content":"### sec.76 Native wildlife may be prescribed as extinct wildlife\n\nA regulation may prescribe native wildlife as extinct wildlife if there is no reasonable doubt the last member of the species has died.\ns 76 sub 2004 No. 14 s 6 ; 2019 No. 28 s 31","sortOrder":182},{"sectionNumber":"sec.77","sectionType":"section","heading":"Native wildlife may be prescribed as extinct in the wild wildlife","content":"### sec.77 Native wildlife may be prescribed as extinct in the wild wildlife\n\nA regulation may prescribe native wildlife as extinct in the wild wildlife if—\nthe wildlife is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range; or\nthe wildlife is not known to survive in its known or expected habitat, in its past range, over a period appropriate to the life cycle or form of the wildlife.\ns 77 sub 2004 No. 14 s 6 ; 2019 No. 28 s 31\n- (a) the wildlife is known only to survive in cultivation, in captivity or as a naturalised population well outside its past range; or\n- (b) the wildlife is not known to survive in its known or expected habitat, in its past range, over a period appropriate to the life cycle or form of the wildlife.","sortOrder":183},{"sectionNumber":"sec.78","sectionType":"section","heading":"Native wildlife may be prescribed as critically endangered wildlife","content":"### sec.78 Native wildlife may be prescribed as critically endangered wildlife\n\nA regulation may prescribe native wildlife as critically endangered wildlife if—\nthe wildlife has undergone or is suspected to have undergone a very large reduction in numbers; or\nit is likely that a very large reduction in the wildlife’s numbers is imminent; or\nthe wildlife’s geographic distribution is—\nprecarious for the survival of the wildlife; and\nvery restricted; or\nthe estimated total number of mature individuals is very low and it is likely the number will—\ncontinue to decline at a very high rate; or\ncontinue to decline and its geographic distribution is precarious for the survival of the wildlife; or\nthe estimated total number of mature individuals is extremely low; or\nthe probability of the wildlife’s extinction in the wild is at least 50% in the immediate future.\ns 78 sub 2004 No. 14 s 6 ; 2019 No. 28 s 31\n(sec.78-ssec) A regulation may prescribe native wildlife as critically endangered wildlife if— the wildlife has undergone or is suspected to have undergone a very large reduction in numbers; or it is likely that a very large reduction in the wildlife’s numbers is imminent; or the wildlife’s geographic distribution is— precarious for the survival of the wildlife; and very restricted; or the estimated total number of mature individuals is very low and it is likely the number will— continue to decline at a very high rate; or continue to decline and its geographic distribution is precarious for the survival of the wildlife; or the estimated total number of mature individuals is extremely low; or the probability of the wildlife’s extinction in the wild is at least 50% in the immediate future.\n- (a) the wildlife has undergone or is suspected to have undergone a very large reduction in numbers; or\n- (b) it is likely that a very large reduction in the wildlife’s numbers is imminent; or\n- (c) the wildlife’s geographic distribution is— (i) precarious for the survival of the wildlife; and (ii) very restricted; or\n- (i) precarious for the survival of the wildlife; and\n- (ii) very restricted; or\n- (d) the estimated total number of mature individuals is very low and it is likely the number will— (i) continue to decline at a very high rate; or (ii) continue to decline and its geographic distribution is precarious for the survival of the wildlife; or\n- (i) continue to decline at a very high rate; or\n- (ii) continue to decline and its geographic distribution is precarious for the survival of the wildlife; or\n- (e) the estimated total number of mature individuals is extremely low; or\n- (f) the probability of the wildlife’s extinction in the wild is at least 50% in the immediate future.\n- (i) precarious for the survival of the wildlife; and\n- (ii) very restricted; or\n- (i) continue to decline at a very high rate; or\n- (ii) continue to decline and its geographic distribution is precarious for the survival of the wildlife; or","sortOrder":184},{"sectionNumber":"sec.78A","sectionType":"section","heading":"Native wildlife may be prescribed as endangered wildlife","content":"### sec.78A Native wildlife may be prescribed as endangered wildlife\n\nA regulation may prescribe native wildlife as endangered wildlife if the wildlife is not critically endangered and any of the following apply—\nthe wildlife has undergone or is suspected to have undergone a large reduction in numbers;\nit is likely that a large reduction in the wildlife’s numbers is imminent;\nthe wildlife’s geographical distribution is—\nprecarious for the survival of the wildlife; and\nrestricted;\nthe estimated total number of mature individuals is low and it is likely the number will—\ncontinue to decline at a high rate; or\ncontinue to decline and its geographical distribution is precarious for the survival of the wildlife;\nthe estimated total number of mature individuals is very low;\nthe probability of the wildlife’s extinction in the wild is at least 20% in the near future.\nIn this section—\ncritically endangered , in relation to wildlife, means the wildlife falls within a description mentioned in section 78 .\ns 78A prev s 78A ins 2004 No. 14 s 6\nexp 25 June 2010 (see s 78A(3))\npres s 78A ins 2019 No. 28 s 31\n(sec.78A-ssec.1) A regulation may prescribe native wildlife as endangered wildlife if the wildlife is not critically endangered and any of the following apply— the wildlife has undergone or is suspected to have undergone a large reduction in numbers; it is likely that a large reduction in the wildlife’s numbers is imminent; the wildlife’s geographical distribution is— precarious for the survival of the wildlife; and restricted; the estimated total number of mature individuals is low and it is likely the number will— continue to decline at a high rate; or continue to decline and its geographical distribution is precarious for the survival of the wildlife; the estimated total number of mature individuals is very low; the probability of the wildlife’s extinction in the wild is at least 20% in the near future.\n(sec.78A-ssec.2) In this section— critically endangered , in relation to wildlife, means the wildlife falls within a description mentioned in section 78 .\n- (a) the wildlife has undergone or is suspected to have undergone a large reduction in numbers;\n- (b) it is likely that a large reduction in the wildlife’s numbers is imminent;\n- (c) the wildlife’s geographical distribution is— (i) precarious for the survival of the wildlife; and (ii) restricted;\n- (i) precarious for the survival of the wildlife; and\n- (ii) restricted;\n- (d) the estimated total number of mature individuals is low and it is likely the number will— (i) continue to decline at a high rate; or (ii) continue to decline and its geographical distribution is precarious for the survival of the wildlife;\n- (i) continue to decline at a high rate; or\n- (ii) continue to decline and its geographical distribution is precarious for the survival of the wildlife;\n- (e) the estimated total number of mature individuals is very low;\n- (f) the probability of the wildlife’s extinction in the wild is at least 20% in the near future.\n- (i) precarious for the survival of the wildlife; and\n- (ii) restricted;\n- (i) continue to decline at a high rate; or\n- (ii) continue to decline and its geographical distribution is precarious for the survival of the wildlife;","sortOrder":185},{"sectionNumber":"sec.78B","sectionType":"section","heading":"Native wildlife may be prescribed as vulnerable wildlife","content":"### sec.78B Native wildlife may be prescribed as vulnerable wildlife\n\nA regulation may prescribe native wildlife as vulnerable wildlife if the wildlife is not critically endangered or endangered and any of the following apply—\nthe wildlife has undergone or is suspected to have undergone a moderate reduction in numbers;\nit is likely a moderate reduction in the wildlife’s numbers is imminent;\nthe wildlife’s geographical distribution is—\nprecarious for the survival of the wildlife; and\nlimited;\nthe estimated total number of mature individuals is limited and it is likely the number will—\ncontinue to decline at a substantial rate; or\ncontinue to decline and its geographical distribution is precarious for the survival of the wildlife;\nthe estimated total number of mature individuals is low;\nthe probability of the wildlife’s extinction in the wild is at least 10% in the medium-term future.\nIn this section—\ncritically endangered , in relation to wildlife, means the wildlife falls within a description mentioned in section 78 .\nendangered , in relation to wildlife, means the wildlife falls within a description mentioned in section 78A (1) .\ns 78B ins 2019 No. 28 s 31\n(sec.78B-ssec.1) A regulation may prescribe native wildlife as vulnerable wildlife if the wildlife is not critically endangered or endangered and any of the following apply— the wildlife has undergone or is suspected to have undergone a moderate reduction in numbers; it is likely a moderate reduction in the wildlife’s numbers is imminent; the wildlife’s geographical distribution is— precarious for the survival of the wildlife; and limited; the estimated total number of mature individuals is limited and it is likely the number will— continue to decline at a substantial rate; or continue to decline and its geographical distribution is precarious for the survival of the wildlife; the estimated total number of mature individuals is low; the probability of the wildlife’s extinction in the wild is at least 10% in the medium-term future.\n(sec.78B-ssec.2) In this section— critically endangered , in relation to wildlife, means the wildlife falls within a description mentioned in section 78 . endangered , in relation to wildlife, means the wildlife falls within a description mentioned in section 78A (1) .\n- (a) the wildlife has undergone or is suspected to have undergone a moderate reduction in numbers;\n- (b) it is likely a moderate reduction in the wildlife’s numbers is imminent;\n- (c) the wildlife’s geographical distribution is— (i) precarious for the survival of the wildlife; and (ii) limited;\n- (i) precarious for the survival of the wildlife; and\n- (ii) limited;\n- (d) the estimated total number of mature individuals is limited and it is likely the number will— (i) continue to decline at a substantial rate; or (ii) continue to decline and its geographical distribution is precarious for the survival of the wildlife;\n- (i) continue to decline at a substantial rate; or\n- (ii) continue to decline and its geographical distribution is precarious for the survival of the wildlife;\n- (e) the estimated total number of mature individuals is low;\n- (f) the probability of the wildlife’s extinction in the wild is at least 10% in the medium-term future.\n- (i) precarious for the survival of the wildlife; and\n- (ii) limited;\n- (i) continue to decline at a substantial rate; or\n- (ii) continue to decline and its geographical distribution is precarious for the survival of the wildlife;","sortOrder":186},{"sectionNumber":"sec.79","sectionType":"section","heading":"Native wildlife may be prescribed as near threatened wildlife","content":"### sec.79 Native wildlife may be prescribed as near threatened wildlife\n\nA regulation may prescribe native wildlife as near threatened wildlife if—\nthe population size or distribution of the wildlife is small and may become smaller; or\nthe population size of the wildlife has declined, or is likely to decline, at a rate higher than the usual rate for population changes for the wildlife; or\nthe survival of the wildlife in the wild is affected to an extent that the wildlife is in danger of becoming vulnerable.\nNative wildlife may be prescribed as near threatened wildlife even if the wildlife is the subject of a threatening process.\nIn this section—\nvulnerable , in relation to wildlife, means the wildlife falls within a description mentioned in section 78B (1) .\ns 79 sub 2004 No. 14 s 6\namd 2019 No. 28 s 32\n(sec.79-ssec.1) A regulation may prescribe native wildlife as near threatened wildlife if— the population size or distribution of the wildlife is small and may become smaller; or the population size of the wildlife has declined, or is likely to decline, at a rate higher than the usual rate for population changes for the wildlife; or the survival of the wildlife in the wild is affected to an extent that the wildlife is in danger of becoming vulnerable.\n(sec.79-ssec.2) Native wildlife may be prescribed as near threatened wildlife even if the wildlife is the subject of a threatening process.\n(sec.79-ssec.3) In this section— vulnerable , in relation to wildlife, means the wildlife falls within a description mentioned in section 78B (1) .\n- (a) the population size or distribution of the wildlife is small and may become smaller; or\n- (b) the population size of the wildlife has declined, or is likely to decline, at a rate higher than the usual rate for population changes for the wildlife; or\n- (c) the survival of the wildlife in the wild is affected to an extent that the wildlife is in danger of becoming vulnerable.","sortOrder":187},{"sectionNumber":"sec.80","sectionType":"section","heading":"Native wildlife may be prescribed as least concern wildlife","content":"### sec.80 Native wildlife may be prescribed as least concern wildlife\n\nA regulation may prescribe native wildlife as least concern wildlife if the wildlife is common or abundant and is likely to survive in the wild.\nNative wildlife may be prescribed as least concern wildlife even if—\nthe wildlife is the subject of a threatening process; or\nthe population size or distribution of the wildlife has declined; or\nthere is insufficient information about the wildlife to conclude whether the wildlife is common or abundant or likely to survive in the wild.\ns 80 sub 2004 No. 14 s 6\n(sec.80-ssec.1) A regulation may prescribe native wildlife as least concern wildlife if the wildlife is common or abundant and is likely to survive in the wild.\n(sec.80-ssec.2) Native wildlife may be prescribed as least concern wildlife even if— the wildlife is the subject of a threatening process; or the population size or distribution of the wildlife has declined; or there is insufficient information about the wildlife to conclude whether the wildlife is common or abundant or likely to survive in the wild.\n- (a) the wildlife is the subject of a threatening process; or\n- (b) the population size or distribution of the wildlife has declined; or\n- (c) there is insufficient information about the wildlife to conclude whether the wildlife is common or abundant or likely to survive in the wild.","sortOrder":188},{"sectionNumber":"sec.81","sectionType":"section","heading":"Wildlife may be prescribed as international wildlife","content":"### sec.81 Wildlife may be prescribed as international wildlife\n\nIf the Governor in Council is of the opinion that wildlife included in appendix I or II of CITES is not indigenous to Australia, the wildlife may be prescribed as international wildlife.","sortOrder":189},{"sectionNumber":"sec.82","sectionType":"section","heading":"Wildlife may be prescribed as prohibited wildlife","content":"### sec.82 Wildlife may be prescribed as prohibited wildlife\n\nIf the Governor in Council is of the opinion that wildlife is—\nan unnatural hybrid or not indigenous to Australia; and\nlikely to constitute a threatening process to protected wildlife;\nthe wildlife may be prescribed as prohibited wildlife.\n- (a) an unnatural hybrid or not indigenous to Australia; and\n- (b) likely to constitute a threatening process to protected wildlife;","sortOrder":190},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Ownership of protected wildlife","content":"## Ownership of protected wildlife","sortOrder":191},{"sectionNumber":"sec.83","sectionType":"section","heading":"Property in protected animals","content":"### sec.83 Property in protected animals\n\nSubject to subsections (2) to (5) , sections 85 and 86 and the provisions of any captive breeding agreement, all protected animals are the property of the State.\nA protected animal ceases to be the property of the State if—\nthe animal is taken under a licence, permit or other authority issued or given under a regulation; and\nunder a conservation plan property in the animal passes from the State on that taking of the animal.\nA protected animal to which subsection (2) applies becomes the property of the holder of the authority, subject to the rights in the animal of any other person (other than the rights of the State under subsection (1) ).\nA protected animal that is the progeny of an animal to which subsection (2) applies is the property of the owner of the progeny’s female parent, subject to the rights in the animal of any other person (other than the rights of the State under subsection (1) ).\nIf—\na person is keeping an animal that is not a protected animal; and\nthe animal becomes a protected animal because of the making of a regulation under this Act;\nthe animal and its progeny do not become the property of the State merely because of the making of the regulation.\ns 83 amd 1994 No. 42 s 2 sch ; 2000 No. 44 s 39 ; 2004 No. 48 s 170\n(sec.83-ssec.1) Subject to subsections (2) to (5) , sections 85 and 86 and the provisions of any captive breeding agreement, all protected animals are the property of the State.\n(sec.83-ssec.2) A protected animal ceases to be the property of the State if— the animal is taken under a licence, permit or other authority issued or given under a regulation; and under a conservation plan property in the animal passes from the State on that taking of the animal.\n(sec.83-ssec.3) A protected animal to which subsection (2) applies becomes the property of the holder of the authority, subject to the rights in the animal of any other person (other than the rights of the State under subsection (1) ).\n(sec.83-ssec.4) A protected animal that is the progeny of an animal to which subsection (2) applies is the property of the owner of the progeny’s female parent, subject to the rights in the animal of any other person (other than the rights of the State under subsection (1) ).\n(sec.83-ssec.5) If— a person is keeping an animal that is not a protected animal; and the animal becomes a protected animal because of the making of a regulation under this Act; the animal and its progeny do not become the property of the State merely because of the making of the regulation.\n- (a) the animal is taken under a licence, permit or other authority issued or given under a regulation; and\n- (b) under a conservation plan property in the animal passes from the State on that taking of the animal.\n- (a) a person is keeping an animal that is not a protected animal; and\n- (b) the animal becomes a protected animal because of the making of a regulation under this Act;","sortOrder":192},{"sectionNumber":"sec.84","sectionType":"section","heading":"Property in protected plants","content":"### sec.84 Property in protected plants\n\nSubject to subsections (2) to (4) , section 86 and the provisions of any captive breeding agreement, all protected plants (other than protected plants on private land) are the property of the State.\nA protected plant ceases to be the property of the State if—\nthe plant is taken under a licence, permit or other authority issued or given under a regulation; and\nunder a regulation or conservation plan property in the plant passes from the State on that taking of the plant.\nA protected plant to which subsection (2) applies becomes the property of the holder of the authority, subject to the rights in the plant of any other person (other than the rights of the State under subsection (1) ).\nThe progeny of a plant to which subsection (2) applies is the property of the owner of the plant from which the progeny is propagated, subject to the rights in the plant of any other person (other than the rights of the State under subsection (1) ).\nIn this section—\nprivate land means—\nfreehold land; or\nland the subject of a lease under any Act containing an entitlement to a deed of grant in fee simple.\nprotected plant means a protected plant that is in the wild.\ns 84 amd 1994 No. 42 s 2 sch ; 2000 No. 44 s 39 ; 2004 No. 48 s 171 ; 2004 No. 14 s 7 ; 2013 No. 50 s 5\n(sec.84-ssec.1) Subject to subsections (2) to (4) , section 86 and the provisions of any captive breeding agreement, all protected plants (other than protected plants on private land) are the property of the State.\n(sec.84-ssec.2) A protected plant ceases to be the property of the State if— the plant is taken under a licence, permit or other authority issued or given under a regulation; and under a regulation or conservation plan property in the plant passes from the State on that taking of the plant.\n(sec.84-ssec.3) A protected plant to which subsection (2) applies becomes the property of the holder of the authority, subject to the rights in the plant of any other person (other than the rights of the State under subsection (1) ).\n(sec.84-ssec.4) The progeny of a plant to which subsection (2) applies is the property of the owner of the plant from which the progeny is propagated, subject to the rights in the plant of any other person (other than the rights of the State under subsection (1) ).\n(sec.84-ssec.5) In this section— private land means— freehold land; or land the subject of a lease under any Act containing an entitlement to a deed of grant in fee simple. protected plant means a protected plant that is in the wild.\n- (a) the plant is taken under a licence, permit or other authority issued or given under a regulation; and\n- (b) under a regulation or conservation plan property in the plant passes from the State on that taking of the plant.\n- (a) freehold land; or\n- (b) land the subject of a lease under any Act containing an entitlement to a deed of grant in fee simple.","sortOrder":193},{"sectionNumber":"sec.85","sectionType":"section","heading":"Property in newly protected animals","content":"### sec.85 Property in newly protected animals\n\nIn this section—\ncommencing day means the day on which this division commences.\ndeclaration day for an animal means the day on which the animal becomes a newly protected animal.\nnewly protected animal means a protected animal that, immediately before the commencing day, was not fauna under the Fauna Conservation Act 1974 .\nIf a person is keeping a newly protected animal at the beginning of the declaration day, the animal and its progeny do not become the property of the State merely because of the animal becoming a protected animal.\ns 85 ins 1994 No. 42 s 16\n(sec.85-ssec.1) In this section— commencing day means the day on which this division commences. declaration day for an animal means the day on which the animal becomes a newly protected animal. newly protected animal means a protected animal that, immediately before the commencing day, was not fauna under the Fauna Conservation Act 1974 .\n(sec.85-ssec.2) If a person is keeping a newly protected animal at the beginning of the declaration day, the animal and its progeny do not become the property of the State merely because of the animal becoming a protected animal.","sortOrder":194},{"sectionNumber":"sec.86","sectionType":"section","heading":"Preservation of existing property rights","content":"### sec.86 Preservation of existing property rights\n\nSections 83 and 84 do not affect property rights a person (other than the State) has in native wildlife immediately before the wildlife becomes protected wildlife.\ns 86 ins 1994 No. 42 s 16\namd 2000 No. 44 s 39","sortOrder":195},{"sectionNumber":"sec.87","sectionType":"section","heading":"Liability of State","content":"### sec.87 Liability of State\n\nThe State is not legally liable for an act or omission merely because protected animals and plants are the property of the State.","sortOrder":196},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Restrictions on activities relating to protected wildlife","content":"## Restrictions on activities relating to protected wildlife","sortOrder":197},{"sectionNumber":"sec.88","sectionType":"section","heading":"Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal","content":"### sec.88 Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal\n\nThis section—\nis subject to section 93 ; and\ndoes not apply to the taking of protected animals in a protected area.\nFor the taking of protected animals in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).\nA person must not take a protected animal unless the person is an authorised person or the taking is authorised under this Act.\nMaximum penalty—\nfor a class 1 offence—3,000 penalty units or 2 years imprisonment; or\nfor a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or\nfor a class 3 offence—225 penalty units; or\nfor a class 4 offence—100 penalty units.\nIt is a defence to a charge of taking a protected animal in contravention of subsection (2) to prove that—\nthe taking happened in the course of a lawful activity that was not directed towards the taking; and\nthe taking could not have been reasonably avoided.\nSubsection (3) does not allow a person to keep or use the animal.\nA person must not keep or use an animal that is either of the following unless the person is an authorised person or the keeping or use is authorised under this Act—\na protected animal if, at any time, it has been taken and the taking was not authorised under this Act or a law of another State;\na descendant of an animal mentioned in paragraph (a) .\nMaximum penalty—\nfor a class 1 offence—3,000 penalty units or 2 years imprisonment; or\nfor a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or\nfor a class 3 offence—225 penalty units; or\nfor a class 4 offence—100 penalty units.\nIn this section—\nclass 1 offence means an offence against this section that involves—\n1 or more animals that are extinct, extinct in the wild, critically endangered or endangered wildlife; or\n5 or more animals that are vulnerable or near threatened wildlife; or\n1 or more echidna, koala or platypus.\nclass 2 offence means an offence against this section that is not a class 1 offence and involves—\n3 or 4 animals that are vulnerable or near threatened wildlife; or\n10 or more animals that are least concern wildlife.\nclass 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves—\n1 or 2 animals that are vulnerable or near threatened wildlife; or\n5 or more, but less than 10, animals that are least concern wildlife.\nclass 4 offence means an offence against this section other than a class 1, 2 or 3 offence.\ns 88 amd 1994 No. 42 s 17 ; 2000 No. 44 s 26\nsub 2004 No. 48 s 172\namd 2004 No. 14 s 7A (amd 2004 No. 48 s 191 ); 2005 No. 53 s 135 ; 2007 No. 36 s 2 sch ; 2011 No. 6 s 142 sch ; 2011 No. 26 s 189 sch (amdt could not be given effect); 2013 No. 55 s 175 sch 1 pt 1 ; 2019 No. 28 s 33\n(sec.88-ssec.1) This section— is subject to section 93 ; and does not apply to the taking of protected animals in a protected area. For the taking of protected animals in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).\n(sec.88-ssec.2) A person must not take a protected animal unless the person is an authorised person or the taking is authorised under this Act. Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—100 penalty units.\n(sec.88-ssec.3) It is a defence to a charge of taking a protected animal in contravention of subsection (2) to prove that— the taking happened in the course of a lawful activity that was not directed towards the taking; and the taking could not have been reasonably avoided.\n(sec.88-ssec.4) Subsection (3) does not allow a person to keep or use the animal.\n(sec.88-ssec.5) A person must not keep or use an animal that is either of the following unless the person is an authorised person or the keeping or use is authorised under this Act— a protected animal if, at any time, it has been taken and the taking was not authorised under this Act or a law of another State; a descendant of an animal mentioned in paragraph (a) . Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—100 penalty units.\n(sec.88-ssec.6) In this section— class 1 offence means an offence against this section that involves— 1 or more animals that are extinct, extinct in the wild, critically endangered or endangered wildlife; or 5 or more animals that are vulnerable or near threatened wildlife; or 1 or more echidna, koala or platypus. class 2 offence means an offence against this section that is not a class 1 offence and involves— 3 or 4 animals that are vulnerable or near threatened wildlife; or 10 or more animals that are least concern wildlife. class 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves— 1 or 2 animals that are vulnerable or near threatened wildlife; or 5 or more, but less than 10, animals that are least concern wildlife. class 4 offence means an offence against this section other than a class 1, 2 or 3 offence.\n- (a) is subject to section 93 ; and\n- (b) does not apply to the taking of protected animals in a protected area. Note— For the taking of protected animals in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).\n- (a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or\n- (b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or\n- (c) for a class 3 offence—225 penalty units; or\n- (d) for a class 4 offence—100 penalty units.\n- (a) the taking happened in the course of a lawful activity that was not directed towards the taking; and\n- (b) the taking could not have been reasonably avoided.\n- (a) a protected animal if, at any time, it has been taken and the taking was not authorised under this Act or a law of another State;\n- (b) a descendant of an animal mentioned in paragraph (a) .\n- (a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or\n- (b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or\n- (c) for a class 3 offence—225 penalty units; or\n- (d) for a class 4 offence—100 penalty units.\n- (a) 1 or more animals that are extinct, extinct in the wild, critically endangered or endangered wildlife; or\n- (b) 5 or more animals that are vulnerable or near threatened wildlife; or\n- (c) 1 or more echidna, koala or platypus.\n- (a) 3 or 4 animals that are vulnerable or near threatened wildlife; or\n- (b) 10 or more animals that are least concern wildlife.\n- (a) 1 or 2 animals that are vulnerable or near threatened wildlife; or\n- (b) 5 or more, but less than 10, animals that are least concern wildlife.","sortOrder":198},{"sectionNumber":"sec.88A","sectionType":"section","heading":"Restriction on keeping or use of lawfully taken protected animal","content":"### sec.88A Restriction on keeping or use of lawfully taken protected animal\n\nSubject to section 93 , a person, other than an authorised person, must not keep or use a protected animal that is either of the following unless the keeping or use is authorised under this Act or the Exhibited Animals Act 2015 —\na protected animal, if the animal has, at any time, been taken and the taking was authorised under this Act or a law of another State;\na descendant of an animal mentioned in paragraph (a) .\nMaximum penalty—\ngenerally—1,000 penalty units; or\nif a circumstance mentioned in subsection (2) applies—100 penalty units.\nFor subsection (1) , the circumstances are that—\nin the 12 months before the commission of the offence, the person held a licence, permit or other authority (the former authority ) under this Act and—\nthe former authority is no longer in force; and\nhad the former authority still been in force, the offence would not have been committed; and\nthe former authority ceased to be in force for a reason other than its cancellation or suspension; and\nan application to renew the former authority has not been refused; or\nthe offence only relates to moving the animal.\ns 88A ins 2004 No. 48 s 172\namd 2005 No. 53 s 136 ; 2015 No. 5 s 279\n(sec.88A-ssec.1) Subject to section 93 , a person, other than an authorised person, must not keep or use a protected animal that is either of the following unless the keeping or use is authorised under this Act or the Exhibited Animals Act 2015 — a protected animal, if the animal has, at any time, been taken and the taking was authorised under this Act or a law of another State; a descendant of an animal mentioned in paragraph (a) . Maximum penalty— generally—1,000 penalty units; or if a circumstance mentioned in subsection (2) applies—100 penalty units.\n(sec.88A-ssec.2) For subsection (1) , the circumstances are that— in the 12 months before the commission of the offence, the person held a licence, permit or other authority (the former authority ) under this Act and— the former authority is no longer in force; and had the former authority still been in force, the offence would not have been committed; and the former authority ceased to be in force for a reason other than its cancellation or suspension; and an application to renew the former authority has not been refused; or the offence only relates to moving the animal.\n- (a) a protected animal, if the animal has, at any time, been taken and the taking was authorised under this Act or a law of another State;\n- (b) a descendant of an animal mentioned in paragraph (a) .\n- (a) generally—1,000 penalty units; or\n- (b) if a circumstance mentioned in subsection (2) applies—100 penalty units.\n- (a) in the 12 months before the commission of the offence, the person held a licence, permit or other authority (the former authority ) under this Act and— (i) the former authority is no longer in force; and (ii) had the former authority still been in force, the offence would not have been committed; and (iii) the former authority ceased to be in force for a reason other than its cancellation or suspension; and (iv) an application to renew the former authority has not been refused; or\n- (i) the former authority is no longer in force; and\n- (ii) had the former authority still been in force, the offence would not have been committed; and\n- (iii) the former authority ceased to be in force for a reason other than its cancellation or suspension; and\n- (iv) an application to renew the former authority has not been refused; or\n- (b) the offence only relates to moving the animal.\n- (i) the former authority is no longer in force; and\n- (ii) had the former authority still been in force, the offence would not have been committed; and\n- (iii) the former authority ceased to be in force for a reason other than its cancellation or suspension; and\n- (iv) an application to renew the former authority has not been refused; or","sortOrder":199},{"sectionNumber":"sec.88BA","sectionType":"section","heading":"Restrictions relating to dugongs and marine turtles","content":"### sec.88BA Restrictions relating to dugongs and marine turtles\n\nA person must not sell or give away, at commercial food premises, a prescribed animal or prescribed product.\nMaximum penalty—3,000 penalty units or 2 years imprisonment.\nIn this section—\ncommercial food premises —\nmeans premises on or from which food is sold or given away as a part of a business operating from the premises; but\nrestaurant, cafe, recreation club\ndoes not include premises—\nbeing used in association with a public event; and\non or from which the selling or giving away of food takes place only occasionally.\na hall at which a community fair is being held, a temporary stall at a cultural fair\ndugong means the mammal Dugong dugon.\nmarine turtle means a turtle of the family Cheloniidae or Dermochelyidae.\nprescribed animal means a protected marine turtle or dugong.\nprescribed product means anything made or derived from a prescribed animal.\ns 88BA ins 2013 No. 55 s 61\namd 2022 No. 21 s 64 s ch 1 pt 1\n(sec.88BA-ssec.1) A person must not sell or give away, at commercial food premises, a prescribed animal or prescribed product. Maximum penalty—3,000 penalty units or 2 years imprisonment.\n(sec.88BA-ssec.2) In this section— commercial food premises — means premises on or from which food is sold or given away as a part of a business operating from the premises; but restaurant, cafe, recreation club does not include premises— being used in association with a public event; and on or from which the selling or giving away of food takes place only occasionally. a hall at which a community fair is being held, a temporary stall at a cultural fair dugong means the mammal Dugong dugon. marine turtle means a turtle of the family Cheloniidae or Dermochelyidae. prescribed animal means a protected marine turtle or dugong. prescribed product means anything made or derived from a prescribed animal.\n- (a) means premises on or from which food is sold or given away as a part of a business operating from the premises; but Examples of a business for paragraph (a) — restaurant, cafe, recreation club\n- (b) does not include premises— (i) being used in association with a public event; and (ii) on or from which the selling or giving away of food takes place only occasionally. Examples of premises for paragraph (b) — a hall at which a community fair is being held, a temporary stall at a cultural fair\n- (i) being used in association with a public event; and\n- (ii) on or from which the selling or giving away of food takes place only occasionally.\n- (i) being used in association with a public event; and\n- (ii) on or from which the selling or giving away of food takes place only occasionally.","sortOrder":200},{"sectionNumber":"sec.88C","sectionType":"section","heading":"Restrictions relating to flying-foxes and flying-fox roosts","content":"### sec.88C Restrictions relating to flying-foxes and flying-fox roosts\n\nA person must not destroy a flying-fox roost unless the person is an authorised person or the destruction is authorised under this Act.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nA person must not drive away, or attempt to drive away, a flying-fox from a flying-fox roost unless the person is an authorised person or the driving away is authorised under this Act.\nMaximum penalty—1,000 penalty units or 1 year’s imprisonment.\nA person must not disturb a flying fox in a flying-fox roost unless the person is an authorised person or the disturbance is authorised under this Act.\nMaximum penalty—100 penalty units.\nThis section does not apply if the flying-fox roost is in a protected area.\nFor interfering with natural resources in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).\nAlso, this section does not apply for an Aboriginal or Torres Strait Islander person taking, using or keeping a flying-fox under section 93 .\nIn this section—\nbreeding includes gestating.\ndrive away , a flying-fox from a flying-fox roost, means—\ncause the flying-fox to move away from the roost; or\nif the flying-fox has moved away from the roost, deter the flying-fox from returning to the roost.\nusing sound, light, smoke, electric current or chemicals\nflying-fox means a protected animal of the genus Pteropus .\nflying-fox roost means a tree or other place where flying-foxes congregate from time to time for breeding or rearing their young.\ns 88C ins 2007 No. 56 s 35\namd 2024 No. 17 s 192 sch 1 pt 3\n(sec.88C-ssec.1) A person must not destroy a flying-fox roost unless the person is an authorised person or the destruction is authorised under this Act. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.88C-ssec.2) A person must not drive away, or attempt to drive away, a flying-fox from a flying-fox roost unless the person is an authorised person or the driving away is authorised under this Act. Maximum penalty—1,000 penalty units or 1 year’s imprisonment.\n(sec.88C-ssec.3) A person must not disturb a flying fox in a flying-fox roost unless the person is an authorised person or the disturbance is authorised under this Act. Maximum penalty—100 penalty units.\n(sec.88C-ssec.4) This section does not apply if the flying-fox roost is in a protected area. For interfering with natural resources in protected areas, see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).\n(sec.88C-ssec.5) Also, this section does not apply for an Aboriginal or Torres Strait Islander person taking, using or keeping a flying-fox under section 93 .\n(sec.88C-ssec.6) In this section— breeding includes gestating. drive away , a flying-fox from a flying-fox roost, means— cause the flying-fox to move away from the roost; or if the flying-fox has moved away from the roost, deter the flying-fox from returning to the roost. using sound, light, smoke, electric current or chemicals flying-fox means a protected animal of the genus Pteropus . flying-fox roost means a tree or other place where flying-foxes congregate from time to time for breeding or rearing their young.\n- (a) cause the flying-fox to move away from the roost; or\n- (b) if the flying-fox has moved away from the roost, deter the flying-fox from returning to the roost.","sortOrder":201},{"sectionNumber":"sec.88D","sectionType":"section","heading":"Regulation may prescribe special least concern plants","content":"### sec.88D Regulation may prescribe special least concern plants\n\nA regulation may prescribe a least concern plant to be a special least concern plant for this subdivision.\nA least concern plant may be prescribed under subsection (1) if the taking or use of the plant is at risk of not being ecologically sustainable, including, for example, because of—\nhigh commercial demand for the plant or a part of the plant; or\nthe biological traits of the plant.\ns 88D ins 2013 No. 50 s 8\n(sec.88D-ssec.1) A regulation may prescribe a least concern plant to be a special least concern plant for this subdivision.\n(sec.88D-ssec.2) A least concern plant may be prescribed under subsection (1) if the taking or use of the plant is at risk of not being ecologically sustainable, including, for example, because of— high commercial demand for the plant or a part of the plant; or the biological traits of the plant.\n- (a) high commercial demand for the plant or a part of the plant; or\n- (b) the biological traits of the plant.","sortOrder":202},{"sectionNumber":"sec.89","sectionType":"section","heading":"Restriction on taking etc. particular protected plants","content":"### sec.89 Restriction on taking etc. particular protected plants\n\nSubject to section 93 , a person, other than an authorised person, must not take a protected plant that is in the wild unless the plant is taken under—\na conservation plan applicable to the plant; or\na licence, permit or other authority issued or given under a regulation; or\nan exemption under a regulation.\nMaximum penalty—\nfor a class 1 offence—3,000 penalty units or 2 years imprisonment; or\nfor a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or\nfor a class 3 offence—225 penalty units; or\nfor a class 4 offence—165 penalty units.\nSubsection (1) does not apply to the taking of protected plants in a protected area.\nIt is a defence to a charge of taking a protected plant in contravention of subsection (1) to prove that—\nthe taking happened in the course of a lawful activity that was not directed towards the taking; and\nthe taking could not have been reasonably avoided.\nA person must not use or keep a protected plant that has been taken in contravention of subsection (1) .\nMaximum penalty—\nfor a class 1 offence—3,000 penalty units or 2 years imprisonment; or\nfor a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or\nfor a class 3 offence—225 penalty units; or\nfor a class 4 offence—165 penalty units.\nIn this section—\nclass 1 offence means an offence against this section that involves—\n1 or more plants that are extinct, extinct in the wild, critically endangered or endangered wildlife; or\n5 or more plants that are vulnerable or near threatened wildlife; or\n10 or more plants that are special least concern wildlife.\nclass 2 offence means an offence against this section that is not a class 1 offence and involves—\n3 or 4 plants that are vulnerable or near threatened wildlife; or\n4 or more, but no more than 9, plants that are special least concern wildlife.\nclass 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves—\n1 or 2 plants that are vulnerable or near threatened wildlife; or\n2 or 3 plants that are special least concern wildlife.\nclass 4 offence means an offence against this section other than a class 1, 2 or 3 offence.\ns 89 amd 1994 No. 42 s 18 ; 2000 No. 44 s 27 ; 2003 No. 96 s 28 sch ; 2004 No. 14 s 8 ; 2005 No. 53 s 138 ; 2007 No. 56 s 36 ; 2010 No. 52 s 34 ; 2013 No. 50 s 9 ; 2019 No. 28 s 34\n(sec.89-ssec.1) Subject to section 93 , a person, other than an authorised person, must not take a protected plant that is in the wild unless the plant is taken under— a conservation plan applicable to the plant; or a licence, permit or other authority issued or given under a regulation; or an exemption under a regulation. Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—165 penalty units.\n(sec.89-ssec.2) Subsection (1) does not apply to the taking of protected plants in a protected area.\n(sec.89-ssec.3) It is a defence to a charge of taking a protected plant in contravention of subsection (1) to prove that— the taking happened in the course of a lawful activity that was not directed towards the taking; and the taking could not have been reasonably avoided.\n(sec.89-ssec.4) A person must not use or keep a protected plant that has been taken in contravention of subsection (1) . Maximum penalty— for a class 1 offence—3,000 penalty units or 2 years imprisonment; or for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or for a class 3 offence—225 penalty units; or for a class 4 offence—165 penalty units.\n(sec.89-ssec.5) In this section— class 1 offence means an offence against this section that involves— 1 or more plants that are extinct, extinct in the wild, critically endangered or endangered wildlife; or 5 or more plants that are vulnerable or near threatened wildlife; or 10 or more plants that are special least concern wildlife. class 2 offence means an offence against this section that is not a class 1 offence and involves— 3 or 4 plants that are vulnerable or near threatened wildlife; or 4 or more, but no more than 9, plants that are special least concern wildlife. class 3 offence means an offence against this section that is not a class 1 or class 2 offence and involves— 1 or 2 plants that are vulnerable or near threatened wildlife; or 2 or 3 plants that are special least concern wildlife. class 4 offence means an offence against this section other than a class 1, 2 or 3 offence.\n- (a) a conservation plan applicable to the plant; or\n- (b) a licence, permit or other authority issued or given under a regulation; or\n- (c) an exemption under a regulation.\n- (a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or\n- (b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or\n- (c) for a class 3 offence—225 penalty units; or\n- (d) for a class 4 offence—165 penalty units.\n- (a) the taking happened in the course of a lawful activity that was not directed towards the taking; and\n- (b) the taking could not have been reasonably avoided.\n- (a) for a class 1 offence—3,000 penalty units or 2 years imprisonment; or\n- (b) for a class 2 offence—1,000 penalty units or 1 year’s imprisonment; or\n- (c) for a class 3 offence—225 penalty units; or\n- (d) for a class 4 offence—165 penalty units.\n- (a) 1 or more plants that are extinct, extinct in the wild, critically endangered or endangered wildlife; or\n- (b) 5 or more plants that are vulnerable or near threatened wildlife; or\n- (c) 10 or more plants that are special least concern wildlife.\n- (a) 3 or 4 plants that are vulnerable or near threatened wildlife; or\n- (b) 4 or more, but no more than 9, plants that are special least concern wildlife.\n- (a) 1 or 2 plants that are vulnerable or near threatened wildlife; or\n- (b) 2 or 3 plants that are special least concern wildlife.","sortOrder":203},{"sectionNumber":"sec.90","sectionType":"section","heading":"Restriction on using particular protected plants","content":"### sec.90 Restriction on using particular protected plants\n\nSubject to section 93 , a person, other than an authorised person, must not use a protected plant, other than under—\na licence, permit or other authority issued or given under a regulation; or\nan exemption under a regulation.\nMaximum penalty—\nfor a class 1 offence—1,000 penalty units; or\nfor a class 2 offence—165 penalty units.\nIn this section—\nclass 1 offence means an offence against this section that involves 1 or more plants that are threatened, near threatened or special least concern wildlife.\nclass 2 offence means an offence against this section other than a class 1 offence.\ns 90 ins 1994 No. 42 s 19\namd 2000 No. 44 ss 28 , 39 ; 2004 No. 14 s 9 ; 2005 No. 53 s 139 ; 2007 No. 56 s 37 ; 2013 No. 50 s 10\n(sec.90-ssec.1) Subject to section 93 , a person, other than an authorised person, must not use a protected plant, other than under— a licence, permit or other authority issued or given under a regulation; or an exemption under a regulation. Maximum penalty— for a class 1 offence—1,000 penalty units; or for a class 2 offence—165 penalty units.\n(sec.90-ssec.2) In this section— class 1 offence means an offence against this section that involves 1 or more plants that are threatened, near threatened or special least concern wildlife. class 2 offence means an offence against this section other than a class 1 offence.\n- (a) a licence, permit or other authority issued or given under a regulation; or\n- (b) an exemption under a regulation.\n- (a) for a class 1 offence—1,000 penalty units; or\n- (b) for a class 2 offence—165 penalty units.","sortOrder":204},{"sectionNumber":"sec.90A","sectionType":"section","heading":"Offence to keep or use native wildlife reasonably suspected to have been unlawfully taken","content":"### sec.90A Offence to keep or use native wildlife reasonably suspected to have been unlawfully taken\n\nA person must not keep or use native wildlife if a reasonable person in the person’s circumstances ought to have suspected that the wildlife may have been unlawfully taken unless—\nthe person is an authorised person; or\nthe State has, under this Act, disposed of the native wildlife to the person.\nMaximum penalty—\nif the wildlife ought to have been suspected to have been taken in contravention of section 88 (2) , 89 or 97 —the maximum penalty under that section that applies to an unlawful taking of the wildlife; or\nif the wildlife ought to have been suspected to have been taken in contravention of a law of another State—the maximum penalty under that law that applies to the unlawful taking of the wildlife.\nA buys and keeps the native wildlife mentioned in item 1 or 2, under the circumstances mentioned in the item. A is not an authorised person. A did not buy the wildlife from the State. A reasonable person in A’s circumstances ought to have suspected that the wildlife may have been unlawfully taken.\nA buys protected wildlife from B at a market stall. Before buying the wildlife A asked B for evidence that it had been lawfully taken. In response, B replied that B did not have that evidence and that B bought the wildlife from someone else whom B did not know.\nA holds a licence under this Act to keep particular protected wildlife. A buys protected wildlife of that type from B. Under this Act, to keep or deal with the wildlife, B must hold a particular type of licence. A regulation requires that B must, before the sale is completed, fill in a movement advice in the approved form for the movement of the wildlife because of the sale. The approved form requires a written acknowledgement by A as the person to whom the wildlife is being moved. B has not shown to A that B holds a licence to keep and deal with the wildlife. A did not give the acknowledgement.\nIf a person is charged with an offence against subsection (1) , it is a defence to the charge if the person satisfies the court that the person had no reasonable grounds for suspecting the wildlife was unlawfully taken.\nIn this section—\nunlawfully taken means taken in contravention of section 88 (2) , 89 or 97 or of a law of another State.\ns 90A (prev s 88B) ins 2004 No. 48 s 172\namd 2005 No. 53 s 137\nrenum and reloc 2013 No. 50 s 7\n(sec.90A-ssec.1) A person must not keep or use native wildlife if a reasonable person in the person’s circumstances ought to have suspected that the wildlife may have been unlawfully taken unless— the person is an authorised person; or the State has, under this Act, disposed of the native wildlife to the person. Maximum penalty— if the wildlife ought to have been suspected to have been taken in contravention of section 88 (2) , 89 or 97 —the maximum penalty under that section that applies to an unlawful taking of the wildlife; or if the wildlife ought to have been suspected to have been taken in contravention of a law of another State—the maximum penalty under that law that applies to the unlawful taking of the wildlife. A buys and keeps the native wildlife mentioned in item 1 or 2, under the circumstances mentioned in the item. A is not an authorised person. A did not buy the wildlife from the State. A reasonable person in A’s circumstances ought to have suspected that the wildlife may have been unlawfully taken. A buys protected wildlife from B at a market stall. Before buying the wildlife A asked B for evidence that it had been lawfully taken. In response, B replied that B did not have that evidence and that B bought the wildlife from someone else whom B did not know. A holds a licence under this Act to keep particular protected wildlife. A buys protected wildlife of that type from B. Under this Act, to keep or deal with the wildlife, B must hold a particular type of licence. A regulation requires that B must, before the sale is completed, fill in a movement advice in the approved form for the movement of the wildlife because of the sale. The approved form requires a written acknowledgement by A as the person to whom the wildlife is being moved. B has not shown to A that B holds a licence to keep and deal with the wildlife. A did not give the acknowledgement.\n(sec.90A-ssec.2) If a person is charged with an offence against subsection (1) , it is a defence to the charge if the person satisfies the court that the person had no reasonable grounds for suspecting the wildlife was unlawfully taken.\n(sec.90A-ssec.3) In this section— unlawfully taken means taken in contravention of section 88 (2) , 89 or 97 or of a law of another State.\n- (a) the person is an authorised person; or\n- (b) the State has, under this Act, disposed of the native wildlife to the person.\n- (a) if the wildlife ought to have been suspected to have been taken in contravention of section 88 (2) , 89 or 97 —the maximum penalty under that section that applies to an unlawful taking of the wildlife; or\n- (b) if the wildlife ought to have been suspected to have been taken in contravention of a law of another State—the maximum penalty under that law that applies to the unlawful taking of the wildlife.\n- 1 A buys protected wildlife from B at a market stall. Before buying the wildlife A asked B for evidence that it had been lawfully taken. In response, B replied that B did not have that evidence and that B bought the wildlife from someone else whom B did not know.\n- 2 A holds a licence under this Act to keep particular protected wildlife. A buys protected wildlife of that type from B. Under this Act, to keep or deal with the wildlife, B must hold a particular type of licence. A regulation requires that B must, before the sale is completed, fill in a movement advice in the approved form for the movement of the wildlife because of the sale. The approved form requires a written acknowledgement by A as the person to whom the wildlife is being moved. B has not shown to A that B holds a licence to keep and deal with the wildlife. A did not give the acknowledgement.","sortOrder":205},{"sectionNumber":"sec.91","sectionType":"section","heading":"Restriction on release etc. of international and prohibited wildlife","content":"### sec.91 Restriction on release etc. of international and prohibited wildlife\n\nA person, other than an authorised person, must not, unless authorised under this Act—\nabandon or release international or prohibited wildlife into the wild; or\nintroduce international or prohibited wildlife into the State; or\nkeep or use international or prohibited wildlife that, in contravention of paragraph (b) , has been introduced into the State.\nMaximum penalty—3,000 penalty units or 2 years imprisonment.\nA person, other than an authorised person, must not otherwise keep or use international or prohibited wildlife unless—\nthe wildlife is dead and, if the wildlife is international wildlife, an approved tag is, under a regulation, attached to the animal or the part of the animal that is being kept or used; or\nthe keeping or use is the keeping or use of milk obtained from prohibited wildlife; or\nthe keeping or use is otherwise authorised under this Act or the Exhibited Animals Act 2015 .\nMaximum penalty—100 penalty units.\ns 91 amd 2000 No. 44 s 29 ; 2004 No. 53 s 2 sch ; 2004 No. 48 s 173 ; 2005 No. 53 s 140 ; 2015 No. 5 s 280\n(sec.91-ssec.1) A person, other than an authorised person, must not, unless authorised under this Act— abandon or release international or prohibited wildlife into the wild; or introduce international or prohibited wildlife into the State; or keep or use international or prohibited wildlife that, in contravention of paragraph (b) , has been introduced into the State. Maximum penalty—3,000 penalty units or 2 years imprisonment.\n(sec.91-ssec.2) A person, other than an authorised person, must not otherwise keep or use international or prohibited wildlife unless— the wildlife is dead and, if the wildlife is international wildlife, an approved tag is, under a regulation, attached to the animal or the part of the animal that is being kept or used; or the keeping or use is the keeping or use of milk obtained from prohibited wildlife; or the keeping or use is otherwise authorised under this Act or the Exhibited Animals Act 2015 . Maximum penalty—100 penalty units.\n- (a) abandon or release international or prohibited wildlife into the wild; or\n- (b) introduce international or prohibited wildlife into the State; or\n- (c) keep or use international or prohibited wildlife that, in contravention of paragraph (b) , has been introduced into the State.\n- (a) the wildlife is dead and, if the wildlife is international wildlife, an approved tag is, under a regulation, attached to the animal or the part of the animal that is being kept or used; or\n- (b) the keeping or use is the keeping or use of milk obtained from prohibited wildlife; or\n- (c) the keeping or use is otherwise authorised under this Act or the Exhibited Animals Act 2015 .","sortOrder":206},{"sectionNumber":"sec.92","sectionType":"section","heading":"Restriction on breeding etc. hybrids of protected animals","content":"### sec.92 Restriction on breeding etc. hybrids of protected animals\n\nA person must not—\nknowingly breed a hybrid or mutation of a protected animal; or\nabandon a hybrid or mutation of a protected animal in the wild;\nother than under a regulation or exemption under a regulation.\nMaximum penalty—165 penalty units.\nA person must not release a hybrid or mutation of a protected animal into the wild other than under a conservation plan for the protected animal.\nMaximum penalty—165 penalty units or 1 year’s imprisonment.\ns 92 amd 1994 No. 42 s 2 sch ; 2004 No. 53 s 2 sch\n(sec.92-ssec.1) A person must not— knowingly breed a hybrid or mutation of a protected animal; or abandon a hybrid or mutation of a protected animal in the wild; other than under a regulation or exemption under a regulation. Maximum penalty—165 penalty units.\n(sec.92-ssec.2) A person must not release a hybrid or mutation of a protected animal into the wild other than under a conservation plan for the protected animal. Maximum penalty—165 penalty units or 1 year’s imprisonment.\n- (a) knowingly breed a hybrid or mutation of a protected animal; or\n- (b) abandon a hybrid or mutation of a protected animal in the wild;","sortOrder":207},{"sectionNumber":"sec.93","sectionType":"section","heading":"Aboriginal peoples’ and Torres Strait Islander peoples’ rights to take etc. protected wildlife","content":"### sec.93 Aboriginal peoples’ and Torres Strait Islander peoples’ rights to take etc. protected wildlife\n\nDespite any other Act, but subject to the Animal Care and Protection Act 2001 , an Aboriginal or Torres Strait Islander person may take, use or keep protected wildlife under Aboriginal tradition or Ailan Kastom.\nSubsection (1) applies subject to any provision of a conservation plan that expressly applies to the taking, using or keeping of protected wildlife under Aboriginal tradition or Ailan Kastom.\nAn Aboriginal or Torres Strait Islander person who takes, uses or keeps protected wildlife in contravention of a provision of a conservation plan that expressly prohibits the taking, using or keeping of protected wildlife under Aboriginal tradition or Ailan Kastom commits an offence against this Act.\nMaximum penalty—3,000 penalty units or imprisonment for 2 years.\nSubsection (1) does not apply to the taking, using or keeping of protected wildlife in a protected area.\ns 93 amd 1994 No. 42 s 20 ; 2012 No. 23 s 14 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.93-ssec.1) Despite any other Act, but subject to the Animal Care and Protection Act 2001 , an Aboriginal or Torres Strait Islander person may take, use or keep protected wildlife under Aboriginal tradition or Ailan Kastom.\n(sec.93-ssec.2) Subsection (1) applies subject to any provision of a conservation plan that expressly applies to the taking, using or keeping of protected wildlife under Aboriginal tradition or Ailan Kastom.\n(sec.93-ssec.3) An Aboriginal or Torres Strait Islander person who takes, uses or keeps protected wildlife in contravention of a provision of a conservation plan that expressly prohibits the taking, using or keeping of protected wildlife under Aboriginal tradition or Ailan Kastom commits an offence against this Act. Maximum penalty—3,000 penalty units or imprisonment for 2 years.\n(sec.93-ssec.4) Subsection (1) does not apply to the taking, using or keeping of protected wildlife in a protected area.","sortOrder":208},{"sectionNumber":"sec.94","sectionType":"section","heading":"Conservation officers prohibited in dealing with protected wildlife","content":"### sec.94 Conservation officers prohibited in dealing with protected wildlife\n\nA conservation officer must not acquire or hold an interest in—\na licence, permit or other authority issued or given under a regulation for the purpose of conducting the business of dealing in protected wildlife; or\nany business dealing in protected wildlife; or\nany place at or in which the business of dealing in protected wildlife is conducted; or\nany contract or arrangement made for the purpose of dealing in protected wildlife.\nMaximum penalty—50 penalty units.\n- (a) a licence, permit or other authority issued or given under a regulation for the purpose of conducting the business of dealing in protected wildlife; or\n- (b) any business dealing in protected wildlife; or\n- (c) any place at or in which the business of dealing in protected wildlife is conducted; or\n- (d) any contract or arrangement made for the purpose of dealing in protected wildlife.","sortOrder":209},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Conservation value for protected wildlife","content":"## Conservation value for protected wildlife","sortOrder":210},{"sectionNumber":"sec.95","sectionType":"section","heading":"Payment of conservation value","content":"### sec.95 Payment of conservation value\n\nSubject to subsections (8) and (9) , there is payable to the State for protected wildlife taken under a licence, permit or other authority issued or given under a regulation, the conservation value (if any) prescribed under this Act for the wildlife.\nThe conservation value of protected wildlife is an expression in monetary terms of the State’s conservation concern for the wildlife.\nDespite any Act or law, payment of the conservation value does not, of itself, transfer property in protected wildlife from the State.\nA person who lawfully takes protected wildlife must pay the conservation value for the wildlife within 30 days after the wildlife is taken.\nMaximum penalty—50 penalty units.\nA person who lawfully takes protected wildlife must not give up or surrender possession of the wildlife unless the conservation value for the wildlife has been paid.\nMaximum penalty—50 penalty units.\nA person must not keep protected wildlife knowing that the conservation value for the wildlife has not been paid.\nMaximum penalty—50 penalty units.\nIf a person lawfully takes wildlife, subsection (6) does not apply to the keeping of the wildlife by the person during the period allowed under subsection (4) for the payment of the conservation value for the wildlife.\nThe conservation value of wildlife is not payable by a person if the person—\nis exempt from the payment under a regulation; or\ntakes the wildlife for an authorised purpose under a conservation plan applicable to the wildlife; or\ntakes the wildlife under a captive breeding agreement and pays the amount that the agreement provides must be paid for the taking of the wildlife.\nAlso, the conservation value of a protected plant is not payable by a person if the person takes a protected plant under an authority and pays, within 30 days after the plant is taken, the amount, if any, that the authority states must be paid for the taking of the plant.\nFor subsection (9) , the amount stated on the authority must not be more than the conservation value for the protected plant.\nIn this section—\nauthority means a licence, permit or other authority issued or given under a regulation or conservation plan.\ns 95 amd 2004 No. 48 s 174 ; 2011 No. 6 s 142 sch ; 2011 No. 26 s 189 sch (amdt could not be given effect); 2013 No. 50 s 12\n(sec.95-ssec.1) Subject to subsections (8) and (9) , there is payable to the State for protected wildlife taken under a licence, permit or other authority issued or given under a regulation, the conservation value (if any) prescribed under this Act for the wildlife.\n(sec.95-ssec.2) The conservation value of protected wildlife is an expression in monetary terms of the State’s conservation concern for the wildlife.\n(sec.95-ssec.3) Despite any Act or law, payment of the conservation value does not, of itself, transfer property in protected wildlife from the State.\n(sec.95-ssec.4) A person who lawfully takes protected wildlife must pay the conservation value for the wildlife within 30 days after the wildlife is taken. Maximum penalty—50 penalty units.\n(sec.95-ssec.5) A person who lawfully takes protected wildlife must not give up or surrender possession of the wildlife unless the conservation value for the wildlife has been paid. Maximum penalty—50 penalty units.\n(sec.95-ssec.6) A person must not keep protected wildlife knowing that the conservation value for the wildlife has not been paid. Maximum penalty—50 penalty units.\n(sec.95-ssec.7) If a person lawfully takes wildlife, subsection (6) does not apply to the keeping of the wildlife by the person during the period allowed under subsection (4) for the payment of the conservation value for the wildlife.\n(sec.95-ssec.8) The conservation value of wildlife is not payable by a person if the person— is exempt from the payment under a regulation; or takes the wildlife for an authorised purpose under a conservation plan applicable to the wildlife; or takes the wildlife under a captive breeding agreement and pays the amount that the agreement provides must be paid for the taking of the wildlife.\n(sec.95-ssec.9) Also, the conservation value of a protected plant is not payable by a person if the person takes a protected plant under an authority and pays, within 30 days after the plant is taken, the amount, if any, that the authority states must be paid for the taking of the plant.\n(sec.95-ssec.10) For subsection (9) , the amount stated on the authority must not be more than the conservation value for the protected plant.\n(sec.95-ssec.11) In this section— authority means a licence, permit or other authority issued or given under a regulation or conservation plan.\n- (a) is exempt from the payment under a regulation; or\n- (b) takes the wildlife for an authorised purpose under a conservation plan applicable to the wildlife; or\n- (c) takes the wildlife under a captive breeding agreement and pays the amount that the agreement provides must be paid for the taking of the wildlife.","sortOrder":211},{"sectionNumber":"sec.96","sectionType":"section","heading":"Recovery of unpaid conservation value","content":"### sec.96 Recovery of unpaid conservation value\n\nAn amount of conservation value payable under this Act is a debt due to the State and may be recovered in a court having jurisdiction for the recovery of debts up to the amount concerned.\nA proceeding may be instituted against a person for the recovery of an amount of conservation value payable under this Act whether or not—\na prosecution has been instituted against the person for an offence in relation to the non-payment; or\nthe person has been convicted of an offence in relation to the non-payment.\n(sec.96-ssec.1) An amount of conservation value payable under this Act is a debt due to the State and may be recovered in a court having jurisdiction for the recovery of debts up to the amount concerned.\n(sec.96-ssec.2) A proceeding may be instituted against a person for the recovery of an amount of conservation value payable under this Act whether or not— a prosecution has been instituted against the person for an offence in relation to the non-payment; or the person has been convicted of an offence in relation to the non-payment.\n- (a) a prosecution has been instituted against the person for an offence in relation to the non-payment; or\n- (b) the person has been convicted of an offence in relation to the non-payment.","sortOrder":212},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Specific restriction on activities relating to native wildlife","content":"## Specific restriction on activities relating to native wildlife","sortOrder":213},{"sectionNumber":"sec.97","sectionType":"section","heading":"Restriction on taking etc. of native wildlife in areas of major interest and critical habitats","content":"### sec.97 Restriction on taking etc. of native wildlife in areas of major interest and critical habitats\n\nThis section applies to native wildlife (other than protected wildlife) in an area that is identified under a regulation or conservation plan as, or including—\na critical habitat; or\nan area of major interest.\nA person, other than an authorised person, must not take or interfere with the wildlife, other than under—\nthe regulation or conservation plan; or\na licence, permit or other authority issued or given under a regulation.\nMaximum penalty—3,000 penalty units or 2 years imprisonment.\nA person, other than an authorised person, must not use or keep the wildlife, other than under—\nthe regulation or conservation plan; or\na licence, permit or other authority issued or given under a regulation or the Exhibited Animals Act 2015 .\nMaximum penalty—3,000 penalty units or 2 years imprisonment.\nIt is a defence to a charge of taking or interfering with wildlife in contravention of subsection (2) to prove that—\nthe taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and\nthe taking or interference could not have been reasonably avoided.\nSubsection (4) does not allow a person to use or keep the wildlife.\ns 97 amd 2000 No. 44 s 30 ; 2005 No. 53 s 141 ; 2013 No. 50 s 13 ; 2015 No. 5 s 281\n(sec.97-ssec.1) This section applies to native wildlife (other than protected wildlife) in an area that is identified under a regulation or conservation plan as, or including— a critical habitat; or an area of major interest.\n(sec.97-ssec.2) A person, other than an authorised person, must not take or interfere with the wildlife, other than under— the regulation or conservation plan; or a licence, permit or other authority issued or given under a regulation. Maximum penalty—3,000 penalty units or 2 years imprisonment.\n(sec.97-ssec.3) A person, other than an authorised person, must not use or keep the wildlife, other than under— the regulation or conservation plan; or a licence, permit or other authority issued or given under a regulation or the Exhibited Animals Act 2015 . Maximum penalty—3,000 penalty units or 2 years imprisonment.\n(sec.97-ssec.4) It is a defence to a charge of taking or interfering with wildlife in contravention of subsection (2) to prove that— the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and the taking or interference could not have been reasonably avoided.\n(sec.97-ssec.5) Subsection (4) does not allow a person to use or keep the wildlife.\n- (a) a critical habitat; or\n- (b) an area of major interest.\n- (a) the regulation or conservation plan; or\n- (b) a licence, permit or other authority issued or given under a regulation.\n- (a) the regulation or conservation plan; or\n- (b) a licence, permit or other authority issued or given under a regulation or the Exhibited Animals Act 2015 .\n- (a) the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and\n- (b) the taking or interference could not have been reasonably avoided.","sortOrder":214},{"sectionNumber":"sec.97A","sectionType":"section","heading":"Additional restriction on hunting native ducks or native quails","content":"### sec.97A Additional restriction on hunting native ducks or native quails\n\nA regulation or conservation plan under this Act does not and can not authorise, whether directly or indirectly—\nthe recreational hunting of native ducks or native quails; or\nthe issue or giving of a licence, permit or other authority authorising the recreational hunting of native ducks or native quails; or\nthe entry into an agreement or other arrangement authorising the recreational hunting of native ducks or native quails.\nThe recreational hunting of native ducks or native quails is not and can not be authorised, for section 62 (1) , 88 (2) or another provision of this Act, in any other way provided for under this Act, including, for example, under anything mentioned in section 62 (1) (a) , (b) , (c) , (d) or (e) .\nAn authorisation, however called, under this Act that is in existence immediately before the commencement of this section is of no legal effect to the extent it authorises, or purports to authorise, the recreational hunting of native ducks or native quails.\nIn this section—\nrecreational hunting , of native ducks or native quails, means hunting directed at killing (including, for example, by shooting) native ducks or native quails for a recreational purpose.\ns 97A ins 2006 No. 47 s 3\n(sec.97A-ssec.1) A regulation or conservation plan under this Act does not and can not authorise, whether directly or indirectly— the recreational hunting of native ducks or native quails; or the issue or giving of a licence, permit or other authority authorising the recreational hunting of native ducks or native quails; or the entry into an agreement or other arrangement authorising the recreational hunting of native ducks or native quails.\n(sec.97A-ssec.2) The recreational hunting of native ducks or native quails is not and can not be authorised, for section 62 (1) , 88 (2) or another provision of this Act, in any other way provided for under this Act, including, for example, under anything mentioned in section 62 (1) (a) , (b) , (c) , (d) or (e) .\n(sec.97A-ssec.3) An authorisation, however called, under this Act that is in existence immediately before the commencement of this section is of no legal effect to the extent it authorises, or purports to authorise, the recreational hunting of native ducks or native quails.\n(sec.97A-ssec.4) In this section— recreational hunting , of native ducks or native quails, means hunting directed at killing (including, for example, by shooting) native ducks or native quails for a recreational purpose.\n- (a) the recreational hunting of native ducks or native quails; or\n- (b) the issue or giving of a licence, permit or other authority authorising the recreational hunting of native ducks or native quails; or\n- (c) the entry into an agreement or other arrangement authorising the recreational hunting of native ducks or native quails.","sortOrder":215},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Provisions for landholders","content":"## Provisions for landholders","sortOrder":216},{"sectionNumber":"sec.98","sectionType":"section","heading":"No right to enter land","content":"### sec.98 No right to enter land\n\nNothing in this Act gives—\nthe holder of a licence, permit or other authority issued or given under a regulation; or\nan Aboriginal or Torres Strait Islander person;\nthe right to enter any land for the purpose of taking wildlife without the landholder’s consent.\ns 98 amd 2024 No. 17 s 192 sch 1 pt 3\n- (a) the holder of a licence, permit or other authority issued or given under a regulation; or\n- (b) an Aboriginal or Torres Strait Islander person;","sortOrder":217},{"sectionNumber":"sec.99","sectionType":"section","heading":"Offence to trespass—general","content":"### sec.99 Offence to trespass—general\n\nA person must not—\ntake wildlife on any land; or\nenter or be on any land for the purpose of taking wildlife;\nwithout the landholder’s consent.\nMaximum penalty—165 penalty units.\nSubsection (1) does not apply to a conservation officer who—\nhas entered the land under part 9 ; and\nexercises a power under the part.\ns 99 amd 2000 No. 44 s 31\n(sec.99-ssec.1) A person must not— take wildlife on any land; or enter or be on any land for the purpose of taking wildlife; without the landholder’s consent. Maximum penalty—165 penalty units.\n(sec.99-ssec.2) Subsection (1) does not apply to a conservation officer who— has entered the land under part 9 ; and exercises a power under the part.\n- (a) take wildlife on any land; or\n- (b) enter or be on any land for the purpose of taking wildlife;\n- (a) has entered the land under part 9 ; and\n- (b) exercises a power under the part.","sortOrder":218},{"sectionNumber":"sec.100","sectionType":"section","heading":"Offence to trespass—landholders’ rights","content":"### sec.100 Offence to trespass—landholders’ rights\n\nThis section applies to a person who a landholder suspects on reasonable grounds—\nis trespassing on the landholder’s land; and\nis committing on the land, has committed on the land or is on the land for the purpose of committing, an offence against this Act.\nThe landholder may—\nrequire the person to state—\nthe person’s name and address; and\nthe person’s purpose for being on the land; and\nif the person is on the land without lawful authority—require the person to leave the land immediately.\nIf—\nthe person fails to give—\nhis or her name and address; or\nthe person’s purpose for being on the land;\nif required to do so by the landholder; or\nthe person—\nis on the land without lawful authority; and\nfails to leave the land immediately if required to do so by the landholder;\nthe person commits an offence against this Act.\nMaximum penalty—165 penalty units.\nThis section does not affect any other right or remedy that the landholder may have against the trespasser.\n(sec.100-ssec.1) This section applies to a person who a landholder suspects on reasonable grounds— is trespassing on the landholder’s land; and is committing on the land, has committed on the land or is on the land for the purpose of committing, an offence against this Act.\n(sec.100-ssec.2) The landholder may— require the person to state— the person’s name and address; and the person’s purpose for being on the land; and if the person is on the land without lawful authority—require the person to leave the land immediately.\n(sec.100-ssec.3) If— the person fails to give— his or her name and address; or the person’s purpose for being on the land; if required to do so by the landholder; or the person— is on the land without lawful authority; and fails to leave the land immediately if required to do so by the landholder; the person commits an offence against this Act. Maximum penalty—165 penalty units.\n(sec.100-ssec.4) This section does not affect any other right or remedy that the landholder may have against the trespasser.\n- (a) is trespassing on the landholder’s land; and\n- (b) is committing on the land, has committed on the land or is on the land for the purpose of committing, an offence against this Act.\n- (a) require the person to state— (i) the person’s name and address; and (ii) the person’s purpose for being on the land; and\n- (i) the person’s name and address; and\n- (ii) the person’s purpose for being on the land; and\n- (b) if the person is on the land without lawful authority—require the person to leave the land immediately.\n- (i) the person’s name and address; and\n- (ii) the person’s purpose for being on the land; and\n- (a) the person fails to give— (i) his or her name and address; or (ii) the person’s purpose for being on the land; if required to do so by the landholder; or\n- (i) his or her name and address; or\n- (ii) the person’s purpose for being on the land;\n- (b) the person— (i) is on the land without lawful authority; and (ii) fails to leave the land immediately if required to do so by the landholder;\n- (i) is on the land without lawful authority; and\n- (ii) fails to leave the land immediately if required to do so by the landholder;\n- (i) his or her name and address; or\n- (ii) the person’s purpose for being on the land;\n- (i) is on the land without lawful authority; and\n- (ii) fails to leave the land immediately if required to do so by the landholder;","sortOrder":219},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Captive breeding agreements and captive breeding for conservation","content":"## Captive breeding agreements and captive breeding for conservation","sortOrder":220},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Main purpose of div 8 and its achievement","content":"### sec.100A Main purpose of div 8 and its achievement\n\nThe main purpose of this division is to facilitate the conservation of native wildlife in the wild through captive breeding programs and the introduction of captive-bred wildlife into the wild.\nThe purpose is achieved by—\nproviding for agreements between the State and other entities about captive breeding; and\nauthorising the taking of protected wildlife in the wild for use in captive breeding programs.\ns 100A ins 2004 No. 48 s 176\namd 2011 No. 6 s 142 sch ; 2011 No. 26 s 189 sch (amdt could not be given effect)\n(sec.100A-ssec.1) The main purpose of this division is to facilitate the conservation of native wildlife in the wild through captive breeding programs and the introduction of captive-bred wildlife into the wild.\n(sec.100A-ssec.2) The purpose is achieved by— providing for agreements between the State and other entities about captive breeding; and authorising the taking of protected wildlife in the wild for use in captive breeding programs.\n- (a) providing for agreements between the State and other entities about captive breeding; and\n- (b) authorising the taking of protected wildlife in the wild for use in captive breeding programs.","sortOrder":221},{"sectionNumber":"sec.100B","sectionType":"section","heading":"Minister’s power to enter into captive breeding agreement","content":"### sec.100B Minister’s power to enter into captive breeding agreement\n\nThe Minister may, for the State, enter into an agreement (a captive breeding agreement ) with someone else about captive breeding of protected wildlife to—\nreintroduce it into the wild, in the State or elsewhere; or\notherwise ensure the survival in the wild of the protected wildlife or another species of wildlife.\nHowever, the agreement may provide for the reintroduction of the protected wildlife only if the Minister is satisfied—\nsuitable habitat exists, or will exist, for the wildlife at the place where it is to be released; and\nthreatening processes for the wildlife or its habitat will be minimised at the place.\nThe agreement may be made even though no conservation plan or recovery plan has been made for the wildlife.\nIn this section—\ncaptive breeding , of protected wildlife, means doing, in the State or elsewhere, any of the following for a purpose mentioned in subsection (1) —\ngrowing or propagating protected plants under controlled conditions;\nbreeding, hand-rearing or incubating protected animals in captivity;\nremoving eggs, sperm or other reproductive material from protected wildlife in captivity or the wild for embryo transfer, fertilisation, artificial insemination or incubation.\nprotected wildlife includes wildlife that, under a law of another State, is an equivalent (however called) of protected wildlife as defined under this Act.\nrecovery plan , for wildlife, is a document stating what research and management is necessary to stop the decline, support the recovery, or enhance the chance of long-term survival in the wild, of the wildlife.\na recovery plan made or adopted under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , section 269A\nreproductive material , of protected wildlife, means any part of the wildlife that is capable of, or contributes to, asexual or sexual reproduction.\nall or part of a bulb, rhizome, root, seed, stolon or tuber\ns 100B ins 2004 No. 48 s 176\namd 2011 No. 6 s 142 sch ; 2011 No. 26 s 189 sch (amdt could not be given effect)\n(sec.100B-ssec.1) The Minister may, for the State, enter into an agreement (a captive breeding agreement ) with someone else about captive breeding of protected wildlife to— reintroduce it into the wild, in the State or elsewhere; or otherwise ensure the survival in the wild of the protected wildlife or another species of wildlife.\n(sec.100B-ssec.2) However, the agreement may provide for the reintroduction of the protected wildlife only if the Minister is satisfied— suitable habitat exists, or will exist, for the wildlife at the place where it is to be released; and threatening processes for the wildlife or its habitat will be minimised at the place.\n(sec.100B-ssec.3) The agreement may be made even though no conservation plan or recovery plan has been made for the wildlife.\n(sec.100B-ssec.4) In this section— captive breeding , of protected wildlife, means doing, in the State or elsewhere, any of the following for a purpose mentioned in subsection (1) — growing or propagating protected plants under controlled conditions; breeding, hand-rearing or incubating protected animals in captivity; removing eggs, sperm or other reproductive material from protected wildlife in captivity or the wild for embryo transfer, fertilisation, artificial insemination or incubation. protected wildlife includes wildlife that, under a law of another State, is an equivalent (however called) of protected wildlife as defined under this Act. recovery plan , for wildlife, is a document stating what research and management is necessary to stop the decline, support the recovery, or enhance the chance of long-term survival in the wild, of the wildlife. a recovery plan made or adopted under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , section 269A reproductive material , of protected wildlife, means any part of the wildlife that is capable of, or contributes to, asexual or sexual reproduction. all or part of a bulb, rhizome, root, seed, stolon or tuber\n- (a) reintroduce it into the wild, in the State or elsewhere; or\n- (b) otherwise ensure the survival in the wild of the protected wildlife or another species of wildlife.\n- (a) suitable habitat exists, or will exist, for the wildlife at the place where it is to be released; and\n- (b) threatening processes for the wildlife or its habitat will be minimised at the place.\n- (a) growing or propagating protected plants under controlled conditions;\n- (b) breeding, hand-rearing or incubating protected animals in captivity;\n- (c) removing eggs, sperm or other reproductive material from protected wildlife in captivity or the wild for embryo transfer, fertilisation, artificial insemination or incubation.","sortOrder":222},{"sectionNumber":"sec.100C","sectionType":"section","heading":"Things a captive breeding agreement may provide for","content":"### sec.100C Things a captive breeding agreement may provide for\n\nA captive breeding agreement may do any of the following in relation to protected wildlife to which the agreement applies—\nauthorise, for this Act, a party to the agreement to—\ntake the wildlife in a protected or other area; or\nkeep or use the wildlife;\nprovide for the passing of property rights in relation to the wildlife to a party to the agreement.\nHowever, the authorisation is subject to section 100E .\nA captive breeding agreement may provide that wildlife that is the property of the State is, under the agreement, to pass to another party to the agreement.\ns 100C ins 2004 No. 48 s 176\n(sec.100C-ssec.1) A captive breeding agreement may do any of the following in relation to protected wildlife to which the agreement applies— authorise, for this Act, a party to the agreement to— take the wildlife in a protected or other area; or keep or use the wildlife; provide for the passing of property rights in relation to the wildlife to a party to the agreement.\n(sec.100C-ssec.2) However, the authorisation is subject to section 100E .\n(sec.100C-ssec.3) A captive breeding agreement may provide that wildlife that is the property of the State is, under the agreement, to pass to another party to the agreement.\n- (a) authorise, for this Act, a party to the agreement to— (i) take the wildlife in a protected or other area; or (ii) keep or use the wildlife;\n- (i) take the wildlife in a protected or other area; or\n- (ii) keep or use the wildlife;\n- (b) provide for the passing of property rights in relation to the wildlife to a party to the agreement.\n- (i) take the wildlife in a protected or other area; or\n- (ii) keep or use the wildlife;","sortOrder":223},{"sectionNumber":"sec.100D","sectionType":"section","heading":"Required provisions for captive breeding agreement","content":"### sec.100D Required provisions for captive breeding agreement\n\nA captive breeding agreement must state or provide for each of the following—\nthe species of wildlife to which the agreement applies;\nhow many of the wildlife are to be taken in the wild, their sex and place of taking;\nwhether the conservation value or a stated different amount must be paid for any of the wildlife that, under the agreement, is to be taken in the wild;\narrangements to be made to distinguish the wildlife from others of the same species;\nthe taking of tissue samples of the wildlife for genetic typing;\nwhere the wildlife are to be kept;\nrequirements for keeping stud books and other records;\narrangements to be made for releasing the wildlife or their descendants or to dispose of any of the wildlife that are no longer suitable for breeding or release;\nhow the agreement may be enforced or terminated;\nany other matter prescribed under a regulation.\nTo remove any doubt, it is declared that subsection (1) does not limit section 100B (1) .\ns 100D ins 2004 No. 48 s 176\n(sec.100D-ssec.1) A captive breeding agreement must state or provide for each of the following— the species of wildlife to which the agreement applies; how many of the wildlife are to be taken in the wild, their sex and place of taking; whether the conservation value or a stated different amount must be paid for any of the wildlife that, under the agreement, is to be taken in the wild; arrangements to be made to distinguish the wildlife from others of the same species; the taking of tissue samples of the wildlife for genetic typing; where the wildlife are to be kept; requirements for keeping stud books and other records; arrangements to be made for releasing the wildlife or their descendants or to dispose of any of the wildlife that are no longer suitable for breeding or release; how the agreement may be enforced or terminated; any other matter prescribed under a regulation.\n(sec.100D-ssec.2) To remove any doubt, it is declared that subsection (1) does not limit section 100B (1) .\n- (a) the species of wildlife to which the agreement applies;\n- (b) how many of the wildlife are to be taken in the wild, their sex and place of taking;\n- (c) whether the conservation value or a stated different amount must be paid for any of the wildlife that, under the agreement, is to be taken in the wild;\n- (d) arrangements to be made to distinguish the wildlife from others of the same species;\n- (e) the taking of tissue samples of the wildlife for genetic typing;\n- (f) where the wildlife are to be kept;\n- (g) requirements for keeping stud books and other records;\n- (h) arrangements to be made for releasing the wildlife or their descendants or to dispose of any of the wildlife that are no longer suitable for breeding or release;\n- (i) how the agreement may be enforced or terminated;\n- (j) any other matter prescribed under a regulation.","sortOrder":224},{"sectionNumber":"sec.100E","sectionType":"section","heading":"Restriction on the taking, under a captive breeding agreement, of wildlife in the wild","content":"### sec.100E Restriction on the taking, under a captive breeding agreement, of wildlife in the wild\n\nA person who, under a captive breeding agreement, takes wildlife in the wild must carry a copy of the agreement while taking or moving the wildlife.\nMaximum penalty—50 penalty units.\ns 100E ins 2004 No. 48 s 176","sortOrder":225},{"sectionNumber":"sec.100F","sectionType":"section","heading":"Additional provisions for termination of captive breeding agreement","content":"### sec.100F Additional provisions for termination of captive breeding agreement\n\nThe Minister may, by written notice to each other party to a captive breeding agreement, terminate the agreement if a party to the agreement is convicted of an offence against section 88 , 88A or 89 .\nA regulation may terminate a captive breeding agreement.\nThis section—\napplies despite any provision of a captive breeding agreement; and\ndoes not limit the ways in which a captive breeding agreement may be terminated.\ns 100F ins 2004 No. 48 s 176\n(sec.100F-ssec.1) The Minister may, by written notice to each other party to a captive breeding agreement, terminate the agreement if a party to the agreement is convicted of an offence against section 88 , 88A or 89 .\n(sec.100F-ssec.2) A regulation may terminate a captive breeding agreement.\n(sec.100F-ssec.3) This section— applies despite any provision of a captive breeding agreement; and does not limit the ways in which a captive breeding agreement may be terminated.\n- (a) applies despite any provision of a captive breeding agreement; and\n- (b) does not limit the ways in which a captive breeding agreement may be terminated.","sortOrder":226},{"sectionNumber":"sec.100G","sectionType":"section","heading":"Obligation to surrender protected wildlife on termination of captive breeding agreement","content":"### sec.100G Obligation to surrender protected wildlife on termination of captive breeding agreement\n\nIf a captive breeding agreement is terminated, the chief executive may give a written notice to any person who is, or who appears to be, in charge of protected wildlife that, under the agreement, is the property of the State, to surrender the wildlife to the State.\nThe notice may be given even if the wildlife is being kept or used at a place outside the State.\nThe person must comply with the notice.\nMaximum penalty—1,000 penalty units.\nThis section does not limit—\nsection 88 , 88A or 89 ; or\nthe State’s property in the wildlife; or\na conservation officer’s powers in relation to the wildlife.\ns 100G ins 2004 No. 48 s 176\n(sec.100G-ssec.1) If a captive breeding agreement is terminated, the chief executive may give a written notice to any person who is, or who appears to be, in charge of protected wildlife that, under the agreement, is the property of the State, to surrender the wildlife to the State.\n(sec.100G-ssec.2) The notice may be given even if the wildlife is being kept or used at a place outside the State.\n(sec.100G-ssec.3) The person must comply with the notice. Maximum penalty—1,000 penalty units.\n(sec.100G-ssec.4) This section does not limit— section 88 , 88A or 89 ; or the State’s property in the wildlife; or a conservation officer’s powers in relation to the wildlife.\n- (a) section 88 , 88A or 89 ; or\n- (b) the State’s property in the wildlife; or\n- (c) a conservation officer’s powers in relation to the wildlife.","sortOrder":227},{"sectionNumber":"sec.100H","sectionType":"section","heading":"Powers","content":"### sec.100H Powers\n\nThe chief executive may take, keep or use protected wildlife for captive breeding or to give effect to a captive breeding agreement.","sortOrder":228},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Offset conditions","content":"## Offset conditions","sortOrder":229},{"sectionNumber":"sec.100I","sectionType":"section","heading":"Offset condition for wildlife authority","content":"### sec.100I Offset condition for wildlife authority\n\nA condition of a wildlife authority may require or otherwise relate to an environmental offset (an offset condition ).\nThe Environmental Offsets Act 2014 , part 6 , states further conditions that apply to a wildlife authority and those further conditions are called deemed conditions. A breach of a deemed condition may be dealt with under this Act.\nAn offset condition may require an environmental offset to be undertaken on land to which a wildlife authority applies or on other land in the State.\nIf an applicant for a wildlife authority has entered into an agreement about an environmental offset, an offset condition may require the applicant to comply with the agreement.\nAn agreement entered into under subsection (3) is not an environmental offset agreement under the Environmental Offsets Act 2014 .\nIn this section—\nenvironmental offset see the Environmental Offsets Act 2014 , schedule 2 .\nwildlife authority means a lease, agreement, licence, permit or other authority under this Act (including under a regulation) in relation to a protected animal or protected plant.\ns 100I ins 2014 No. 33 s 131\n(sec.100I-ssec.1) A condition of a wildlife authority may require or otherwise relate to an environmental offset (an offset condition ). The Environmental Offsets Act 2014 , part 6 , states further conditions that apply to a wildlife authority and those further conditions are called deemed conditions. A breach of a deemed condition may be dealt with under this Act.\n(sec.100I-ssec.2) An offset condition may require an environmental offset to be undertaken on land to which a wildlife authority applies or on other land in the State.\n(sec.100I-ssec.3) If an applicant for a wildlife authority has entered into an agreement about an environmental offset, an offset condition may require the applicant to comply with the agreement.\n(sec.100I-ssec.4) An agreement entered into under subsection (3) is not an environmental offset agreement under the Environmental Offsets Act 2014 .\n(sec.100I-ssec.5) In this section— environmental offset see the Environmental Offsets Act 2014 , schedule 2 . wildlife authority means a lease, agreement, licence, permit or other authority under this Act (including under a regulation) in relation to a protected animal or protected plant.","sortOrder":230},{"sectionNumber":"sec.100J","sectionType":"section","heading":"Conditions of wildlife authority","content":"### sec.100J Conditions of wildlife authority\n\nThis section applies if, on or after the commencement of this section, a wildlife authority becomes, under this Act, subject to an offset condition.\nTo the extent the offset condition is inconsistent with a deemed condition, the deemed condition prevails.\nSee the Environmental Offsets Act 2014 , section 5 (3) . Under that provision, particular imposed conditions prevail over deemed conditions.\nIn this section—\ndeemed condition see the Environmental Offsets Act 2014 , schedule 2 .\noffset condition see section 100I (1) .\nwildlife authority see section 100I (5) .\ns 100J ins 2014 No. 33 s 131\n(sec.100J-ssec.1) This section applies if, on or after the commencement of this section, a wildlife authority becomes, under this Act, subject to an offset condition.\n(sec.100J-ssec.2) To the extent the offset condition is inconsistent with a deemed condition, the deemed condition prevails. See the Environmental Offsets Act 2014 , section 5 (3) . Under that provision, particular imposed conditions prevail over deemed conditions.\n(sec.100J-ssec.3) In this section— deemed condition see the Environmental Offsets Act 2014 , schedule 2 . offset condition see section 100I (1) . wildlife authority see section 100I (5) .","sortOrder":231},{"sectionNumber":"pt.5-div.10","sectionType":"division","heading":"Statements of management intent","content":"## Statements of management intent","sortOrder":232},{"sectionNumber":"sec.100K","sectionType":"section","heading":"Local government’s statement of management intent","content":"### sec.100K Local government’s statement of management intent\n\nThis section applies if a local government is lawfully dealing with protected wildlife in the local government area, other than under a wildlife authority.\nThe Minister may, by written notice, require the local government to prepare and publish a statement of management intent for the protected wildlife, within a reasonable period stated in the notice.\nThe notice may require that the statement of management intent include stated information.\nThe local government must, within the stated period—\nprepare a statement of management intent for the protected wildlife; and\npublish the statement on the local government’s website.\nThe statement of management intent must include—\nany information required under subsection (3) ; and\nany information prescribed by regulation.\nIn this section—\nstatement of management intent , for protected wildlife, means a statement about the local government’s proposed management intent for the protected wildlife.\ns 100K ins 2014 No. 59 s 144\n(sec.100K-ssec.1) This section applies if a local government is lawfully dealing with protected wildlife in the local government area, other than under a wildlife authority.\n(sec.100K-ssec.2) The Minister may, by written notice, require the local government to prepare and publish a statement of management intent for the protected wildlife, within a reasonable period stated in the notice.\n(sec.100K-ssec.3) The notice may require that the statement of management intent include stated information.\n(sec.100K-ssec.4) The local government must, within the stated period— prepare a statement of management intent for the protected wildlife; and publish the statement on the local government’s website.\n(sec.100K-ssec.5) The statement of management intent must include— any information required under subsection (3) ; and any information prescribed by regulation.\n(sec.100K-ssec.6) In this section— statement of management intent , for protected wildlife, means a statement about the local government’s proposed management intent for the protected wildlife.\n- (a) prepare a statement of management intent for the protected wildlife; and\n- (b) publish the statement on the local government’s website.\n- (a) any information required under subsection (3) ; and\n- (b) any information prescribed by regulation.","sortOrder":233},{"sectionNumber":"pt.6","sectionType":"part","heading":"Interim conservation orders","content":"# Interim conservation orders","sortOrder":234},{"sectionNumber":"sec.101","sectionType":"section","heading":"Definitions","content":"### sec.101 Definitions\n\nIn this part—\nlandholder includes a person having an interest in land.\nprotected area includes the wet tropics area within the meaning of the Wet Tropics World Heritage Protection and Management Act 1993 .\ns 101 def protected area amd 2011 No. 6 s 142 sch ; 2011 No. 26 s 189 sch (amdt could not be given effect)\ns 101 sub 1993 No. 50 s 86 sch 3","sortOrder":235},{"sectionNumber":"sec.102","sectionType":"section","heading":"Issue of order","content":"### sec.102 Issue of order\n\nIf the Minister is of the opinion that—\nthreatened or near threatened wildlife; or\na protected wildlife habitat that is, in the Minister’s opinion, a critical habitat; or\nan area of major interest; or\na protected area;\nis subject to a threatening process that is likely to have significant detrimental effect on the wildlife, habitat or area, the Minister may make an interim conservation order for the conservation, protection or management of the wildlife, habitat or area.\ns 102 amd 2004 No. 14 s 10 ; 2013 No. 55 s 175 sch 1 pt 1\n- (a) threatened or near threatened wildlife; or\n- (b) a protected wildlife habitat that is, in the Minister’s opinion, a critical habitat; or\n- (c) an area of major interest; or\n- (d) a protected area;","sortOrder":236},{"sectionNumber":"sec.103","sectionType":"section","heading":"Effect of order","content":"### sec.103 Effect of order\n\nAn interim conservation order may provide for—\nthe prohibition or control of a specified threatening process; or\nsuch other matters as are prescribed.\nAn order may be made in relation to land even though—\nthe wildlife or habitat is not within the land; or\nthe land is not within an area of major interest or protected area.\n(sec.103-ssec.1) An interim conservation order may provide for— the prohibition or control of a specified threatening process; or such other matters as are prescribed.\n(sec.103-ssec.2) An order may be made in relation to land even though— the wildlife or habitat is not within the land; or the land is not within an area of major interest or protected area.\n- (a) the prohibition or control of a specified threatening process; or\n- (b) such other matters as are prescribed.\n- (a) the wildlife or habitat is not within the land; or\n- (b) the land is not within an area of major interest or protected area.","sortOrder":237},{"sectionNumber":"sec.104","sectionType":"section","heading":"Notice of order","content":"### sec.104 Notice of order\n\nOn the day an interim conservation order is made, the Minister must give or send written notice to—\nall landholders of land to which the order relates; and\nthe local government for the area in which the land is situated;\nthat the order has been made and of the terms of the order.\nIt is sufficient compliance with subsection (1) (a) in relation to a landholder if the Minister gives notice of the order to the landholder by displaying the notice in a prominent place on the land.\ns 104 amd 1994 No. 42 s 2 sch\n(sec.104-ssec.1) On the day an interim conservation order is made, the Minister must give or send written notice to— all landholders of land to which the order relates; and the local government for the area in which the land is situated; that the order has been made and of the terms of the order.\n(sec.104-ssec.2) It is sufficient compliance with subsection (1) (a) in relation to a landholder if the Minister gives notice of the order to the landholder by displaying the notice in a prominent place on the land.\n- (a) all landholders of land to which the order relates; and\n- (b) the local government for the area in which the land is situated;","sortOrder":238},{"sectionNumber":"sec.105","sectionType":"section","heading":"Duration of order","content":"### sec.105 Duration of order\n\nAn interim conservation order has effect from the time it is made and continues in force for not more than 60 days.\nThe Governor in Council may, by gazette notice, extend the order by not more than 90 days.\ns 105 amd 1994 No. 42 s 2 sch\n(sec.105-ssec.1) An interim conservation order has effect from the time it is made and continues in force for not more than 60 days.\n(sec.105-ssec.2) The Governor in Council may, by gazette notice, extend the order by not more than 90 days.","sortOrder":239},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 om 2016 No. 27 s 334","sortOrder":240},{"sectionNumber":"sec.107","sectionType":"section","heading":"Suspension of licences etc.","content":"### sec.107 Suspension of licences etc.\n\nIf a licence, permit or other authority issued or given under any Act permits the holder to do an act that would contravene an interim conservation order, the Minister may, by order, suspend the operation of the authority to the extent that it permits the doing of the act.\nThe Minister must give written notice of the order to the authority holder.\nIf the Minister considers that it is impracticable to give notice to each holder of a particular class of authority, it is sufficient compliance with subsection (2) if the Minister gives notice of the order to the authority holders by publishing a notice in such newspapers as the Minister determines.\nThe suspension—\ntakes effect from—\nif notice is given under subsection (2) —the day the notice is received by the holder; or\nif notice is given under subsection (3) —the day the notice is first published in a newspaper; or\nif a later day is specified in the notice—the later day; and\nends—\nwhen the interim conservation order ends; or\nif an earlier day is specified in the notice—on the earlier day.\nThis section applies despite any other Act.\ns 107 amd 1994 No. 42 s 2 sch\n(sec.107-ssec.1) If a licence, permit or other authority issued or given under any Act permits the holder to do an act that would contravene an interim conservation order, the Minister may, by order, suspend the operation of the authority to the extent that it permits the doing of the act.\n(sec.107-ssec.2) The Minister must give written notice of the order to the authority holder.\n(sec.107-ssec.3) If the Minister considers that it is impracticable to give notice to each holder of a particular class of authority, it is sufficient compliance with subsection (2) if the Minister gives notice of the order to the authority holders by publishing a notice in such newspapers as the Minister determines.\n(sec.107-ssec.4) The suspension— takes effect from— if notice is given under subsection (2) —the day the notice is received by the holder; or if notice is given under subsection (3) —the day the notice is first published in a newspaper; or if a later day is specified in the notice—the later day; and ends— when the interim conservation order ends; or if an earlier day is specified in the notice—on the earlier day.\n(sec.107-ssec.5) This section applies despite any other Act.\n- (a) takes effect from— (i) if notice is given under subsection (2) —the day the notice is received by the holder; or (ii) if notice is given under subsection (3) —the day the notice is first published in a newspaper; or (iii) if a later day is specified in the notice—the later day; and\n- (i) if notice is given under subsection (2) —the day the notice is received by the holder; or\n- (ii) if notice is given under subsection (3) —the day the notice is first published in a newspaper; or\n- (iii) if a later day is specified in the notice—the later day; and\n- (b) ends— (i) when the interim conservation order ends; or (ii) if an earlier day is specified in the notice—on the earlier day.\n- (i) when the interim conservation order ends; or\n- (ii) if an earlier day is specified in the notice—on the earlier day.\n- (i) if notice is given under subsection (2) —the day the notice is received by the holder; or\n- (ii) if notice is given under subsection (3) —the day the notice is first published in a newspaper; or\n- (iii) if a later day is specified in the notice—the later day; and\n- (i) when the interim conservation order ends; or\n- (ii) if an earlier day is specified in the notice—on the earlier day.","sortOrder":241},{"sectionNumber":"sec.108","sectionType":"section","heading":"Compensation","content":"### sec.108 Compensation\n\nA landholder of land subject to an interim conservation order is entitled to be paid by the State such reasonable compensation because of the making of the order as is agreed between the State and the landholder or, failing agreement, as is determined by the Land Court.\nA claim for compensation must—\nbe made in a form approved by the chief executive; and\nbe made to the chief executive within 6 months after the making of the order or the longer period the chief executive or the Land Court in special circumstances allows.\ns 108 amd 1994 No. 42 s 21\n(sec.108-ssec.1) A landholder of land subject to an interim conservation order is entitled to be paid by the State such reasonable compensation because of the making of the order as is agreed between the State and the landholder or, failing agreement, as is determined by the Land Court.\n(sec.108-ssec.2) A claim for compensation must— be made in a form approved by the chief executive; and be made to the chief executive within 6 months after the making of the order or the longer period the chief executive or the Land Court in special circumstances allows.\n- (a) be made in a form approved by the chief executive; and\n- (b) be made to the chief executive within 6 months after the making of the order or the longer period the chief executive or the Land Court in special circumstances allows.","sortOrder":242},{"sectionNumber":"sec.109","sectionType":"section","heading":"Compliance with order","content":"### sec.109 Compliance with order\n\nA person must not contravene an interim conservation order.\nMaximum penalty—3,000 penalty units or 2 years imprisonment.","sortOrder":243},{"sectionNumber":"pt.7","sectionType":"part","heading":"Management statements, management plans , management programs and conservation plans","content":"# Management statements, management plans , management programs and conservation plans","sortOrder":244},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Preparing management statement or management plan","content":"## Preparing management statement or management plan","sortOrder":245},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 prev s 110 om 1994 No. 42 s 28\npres s 110 ins 1994 No. 42 s 22\nom 2019 No. 8 s 22","sortOrder":246},{"sectionNumber":"sec.111","sectionType":"section","heading":"Chief executive to prepare management statement","content":"### sec.111 Chief executive to prepare management statement\n\nThe chief executive must, as soon as practicable after—\nthe dedication of—\na national park (scientific); or\na national park; or\na national park (Cape York Peninsula Aboriginal land); or\na conservation park; or\na resources reserve; or\nthe declaration of—\na nature refuge, under section 49 ; or\na coordinated conservation area; or\nan Indigenous joint management area;\nprepare a management statement for the area.\nHowever, the chief executive is not required to prepare a management statement for the area (the newly dedicated protected area ) if—\nthe area is dedicated or declared as a protected area in connection with any of the following changes to a protected area (an existing protected area ) for which a management statement (an existing management statement ) or management plan (an existing management plan ) is in force—\nrenaming the existing protected area;\nchanging the class of the existing protected area;\nadding an area to the existing protected area;\nremoving an area from the existing protected area;\namalgamating the existing protected area with another protected area;\ndividing the existing protected area into 2 or more separate protected areas; and\nany of the following applies—\nthe regulation dedicating or declaring the newly dedicated protected area declares that the existing management statement or existing management plan applies to the newly dedicated protected area;\nif there is an existing management statement in effect for the existing protected area—the chief executive amends the existing management statement to apply to the newly dedicated protected area; or\nif there is an existing management plan in effect for the existing protected area—the Minister amends the existing management plan to apply to the newly dedicated protected area.\nAlso, the chief executive is not required to prepare a management statement for the area if the Minister notifies the chief executive that the Minister is preparing a management plan for the area.\nIf—\non or after the dedication or declaration of a protected area, the area is included in an aggregation of protected areas assigned a name under section 64 ; and\na management statement is required to be prepared for the area under this section;\nthe chief executive may prepare a management statement for the aggregation of areas instead of a statement for the area (whether or not statements have been prepared for other areas included in the aggregation of areas).\nIf the chief executive decides to prepare a management statement for an amalgamated area or aggregation of areas, this part applies to the preparation and approval of the statement.\nThe chief executive may after the declaration of a nature refuge, other than under section 49 , prepare a management statement for the area of the refuge if the landholder of the area agrees.\nA management statement for a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area must—\nbe prepared jointly with the Indigenous landholder for the protected area; and\nbe consistent with any Indigenous land use agreement, and the Indigenous management agreement, for the protected area.\nA management statement for an area may be combined with a management statement for another area dedicated or declared under this Act.\ns 111 amd 1994 No. 42 ss 23 , 2 sch ; 2000 No. 44 ss 32 , 39 ; 2005 No. 53 s 142 ; 2007 No. 48 s 50 ; 2007 No. 56 s 38 ; 2011 No. 11 s 45 ; 2011 No. 26 s 121 ; 2013 No. 55 ss 65 , 148 ; 2016 No. 22 s 26 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.111-ssec.1) The chief executive must, as soon as practicable after— the dedication of— a national park (scientific); or a national park; or a national park (Cape York Peninsula Aboriginal land); or a conservation park; or a resources reserve; or the declaration of— a nature refuge, under section 49 ; or a coordinated conservation area; or an Indigenous joint management area; prepare a management statement for the area.\n(sec.111-ssec.2) However, the chief executive is not required to prepare a management statement for the area (the newly dedicated protected area ) if— the area is dedicated or declared as a protected area in connection with any of the following changes to a protected area (an existing protected area ) for which a management statement (an existing management statement ) or management plan (an existing management plan ) is in force— renaming the existing protected area; changing the class of the existing protected area; adding an area to the existing protected area; removing an area from the existing protected area; amalgamating the existing protected area with another protected area; dividing the existing protected area into 2 or more separate protected areas; and any of the following applies— the regulation dedicating or declaring the newly dedicated protected area declares that the existing management statement or existing management plan applies to the newly dedicated protected area; if there is an existing management statement in effect for the existing protected area—the chief executive amends the existing management statement to apply to the newly dedicated protected area; or if there is an existing management plan in effect for the existing protected area—the Minister amends the existing management plan to apply to the newly dedicated protected area.\n(sec.111-ssec.3) Also, the chief executive is not required to prepare a management statement for the area if the Minister notifies the chief executive that the Minister is preparing a management plan for the area.\n(sec.111-ssec.4) If— on or after the dedication or declaration of a protected area, the area is included in an aggregation of protected areas assigned a name under section 64 ; and a management statement is required to be prepared for the area under this section; the chief executive may prepare a management statement for the aggregation of areas instead of a statement for the area (whether or not statements have been prepared for other areas included in the aggregation of areas).\n(sec.111-ssec.5) If the chief executive decides to prepare a management statement for an amalgamated area or aggregation of areas, this part applies to the preparation and approval of the statement.\n(sec.111-ssec.6) The chief executive may after the declaration of a nature refuge, other than under section 49 , prepare a management statement for the area of the refuge if the landholder of the area agrees.\n(sec.111-ssec.7) A management statement for a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area must— be prepared jointly with the Indigenous landholder for the protected area; and be consistent with any Indigenous land use agreement, and the Indigenous management agreement, for the protected area.\n(sec.111-ssec.8) A management statement for an area may be combined with a management statement for another area dedicated or declared under this Act.\n- (a) the dedication of— (i) a national park (scientific); or (ii) a national park; or (iii) a national park (Cape York Peninsula Aboriginal land); or (iv) a conservation park; or (v) a resources reserve; or\n- (i) a national park (scientific); or\n- (ii) a national park; or\n- (iii) a national park (Cape York Peninsula Aboriginal land); or\n- (iv) a conservation park; or\n- (v) a resources reserve; or\n- (b) the declaration of— (i) a nature refuge, under section 49 ; or (ii) a coordinated conservation area; or (iii) an Indigenous joint management area;\n- (i) a nature refuge, under section 49 ; or\n- (ii) a coordinated conservation area; or\n- (iii) an Indigenous joint management area;\n- (i) a national park (scientific); or\n- (ii) a national park; or\n- (iii) a national park (Cape York Peninsula Aboriginal land); or\n- (iv) a conservation park; or\n- (v) a resources reserve; or\n- (i) a nature refuge, under section 49 ; or\n- (ii) a coordinated conservation area; or\n- (iii) an Indigenous joint management area;\n- (a) the area is dedicated or declared as a protected area in connection with any of the following changes to a protected area (an existing protected area ) for which a management statement (an existing management statement ) or management plan (an existing management plan ) is in force— (i) renaming the existing protected area; (ii) changing the class of the existing protected area; (iii) adding an area to the existing protected area; (iv) removing an area from the existing protected area; (v) amalgamating the existing protected area with another protected area; (vi) dividing the existing protected area into 2 or more separate protected areas; and\n- (i) renaming the existing protected area;\n- (ii) changing the class of the existing protected area;\n- (iii) adding an area to the existing protected area;\n- (iv) removing an area from the existing protected area;\n- (v) amalgamating the existing protected area with another protected area;\n- (vi) dividing the existing protected area into 2 or more separate protected areas; and\n- (b) any of the following applies— (i) the regulation dedicating or declaring the newly dedicated protected area declares that the existing management statement or existing management plan applies to the newly dedicated protected area; (ii) if there is an existing management statement in effect for the existing protected area—the chief executive amends the existing management statement to apply to the newly dedicated protected area; or (iii) if there is an existing management plan in effect for the existing protected area—the Minister amends the existing management plan to apply to the newly dedicated protected area.\n- (i) the regulation dedicating or declaring the newly dedicated protected area declares that the existing management statement or existing management plan applies to the newly dedicated protected area;\n- (ii) if there is an existing management statement in effect for the existing protected area—the chief executive amends the existing management statement to apply to the newly dedicated protected area; or\n- (iii) if there is an existing management plan in effect for the existing protected area—the Minister amends the existing management plan to apply to the newly dedicated protected area.\n- (i) renaming the existing protected area;\n- (ii) changing the class of the existing protected area;\n- (iii) adding an area to the existing protected area;\n- (iv) removing an area from the existing protected area;\n- (v) amalgamating the existing protected area with another protected area;\n- (vi) dividing the existing protected area into 2 or more separate protected areas; and\n- (i) the regulation dedicating or declaring the newly dedicated protected area declares that the existing management statement or existing management plan applies to the newly dedicated protected area;\n- (ii) if there is an existing management statement in effect for the existing protected area—the chief executive amends the existing management statement to apply to the newly dedicated protected area; or\n- (iii) if there is an existing management plan in effect for the existing protected area—the Minister amends the existing management plan to apply to the newly dedicated protected area.\n- (a) on or after the dedication or declaration of a protected area, the area is included in an aggregation of protected areas assigned a name under section 64 ; and\n- (b) a management statement is required to be prepared for the area under this section;\n- (a) be prepared jointly with the Indigenous landholder for the protected area; and\n- (b) be consistent with any Indigenous land use agreement, and the Indigenous management agreement, for the protected area.","sortOrder":247},{"sectionNumber":"sec.112","sectionType":"section","heading":"Minister may prepare management plan","content":"### sec.112 Minister may prepare management plan\n\nThis section applies to—\nan area mentioned in section 111 (1) ; or\nan area that is an aggregation of areas assigned a name under section 64 .\nThe Minister may prepare a management plan for the area if the Minister is satisfied it is appropriate in the circumstances having regard to the following—\nthe importance of the area’s natural or cultural resources and values;\nany significant or particular threats to the area’s natural or cultural resources and values;\nany significant public interest concerns for the area’s natural or cultural resources and values;\nthe nature of any proposed commercial or recreational uses of, and opportunities for, the area and the proposed management of those uses.\nThe Minister may after the declaration of a nature refuge, other than under section 49 , prepare a management plan for the area of the refuge if the landholder of the area agrees.\nA management plan for a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area must—\nbe prepared jointly with the Indigenous landholder for the protected area; and\nbe consistent with any Indigenous land use agreement, and the Indigenous management agreement, for the protected area.\ns 112 ins 2013 No. 55 s 67\namd 2024 No. 17 s 192 sch 1 pt 3\n(sec.112-ssec.1) This section applies to— an area mentioned in section 111 (1) ; or an area that is an aggregation of areas assigned a name under section 64 .\n(sec.112-ssec.2) The Minister may prepare a management plan for the area if the Minister is satisfied it is appropriate in the circumstances having regard to the following— the importance of the area’s natural or cultural resources and values; any significant or particular threats to the area’s natural or cultural resources and values; any significant public interest concerns for the area’s natural or cultural resources and values; the nature of any proposed commercial or recreational uses of, and opportunities for, the area and the proposed management of those uses.\n(sec.112-ssec.3) The Minister may after the declaration of a nature refuge, other than under section 49 , prepare a management plan for the area of the refuge if the landholder of the area agrees.\n(sec.112-ssec.4) A management plan for a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area must— be prepared jointly with the Indigenous landholder for the protected area; and be consistent with any Indigenous land use agreement, and the Indigenous management agreement, for the protected area.\n- (a) an area mentioned in section 111 (1) ; or\n- (b) an area that is an aggregation of areas assigned a name under section 64 .\n- (a) the importance of the area’s natural or cultural resources and values;\n- (b) any significant or particular threats to the area’s natural or cultural resources and values;\n- (c) any significant public interest concerns for the area’s natural or cultural resources and values;\n- (d) the nature of any proposed commercial or recreational uses of, and opportunities for, the area and the proposed management of those uses.\n- (a) be prepared jointly with the Indigenous landholder for the protected area; and\n- (b) be consistent with any Indigenous land use agreement, and the Indigenous management agreement, for the protected area.","sortOrder":248},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Making and implementing management statements","content":"## Making and implementing management statements","sortOrder":249},{"sectionNumber":"sec.113","sectionType":"section","heading":"Management statements to be consistent with management principles etc.","content":"### sec.113 Management statements to be consistent with management principles etc.\n\nA management statement for an area must—\nbe consistent with the management principles for the class of the area; and\nif the area is a nature refuge or coordinated conservation area—be consistent with any conservation agreement or conservation covenant for the area; and\nstate management outcomes for the protection, presentation and use of the area and the policies, guidelines and actions to achieve the outcomes.\ns 113 amd 1994 No. 42 s 2 sch\nsub 2013 No. 55 s 68\namd 2014 No. 40 s 154 sch 1 pt 2\n- (a) be consistent with the management principles for the class of the area; and\n- (b) if the area is a nature refuge or coordinated conservation area—be consistent with any conservation agreement or conservation covenant for the area; and\n- (c) state management outcomes for the protection, presentation and use of the area and the policies, guidelines and actions to achieve the outcomes.","sortOrder":250},{"sectionNumber":"sec.113A","sectionType":"section","heading":"Notice of making of management statement","content":"### sec.113A Notice of making of management statement\n\nThe chief executive must notify the making of a management statement by gazette notice.\nThe gazette notice must state where a copy of the management statement is available for inspection.\ns 113A ins 2013 No. 55 s 68\n(sec.113A-ssec.1) The chief executive must notify the making of a management statement by gazette notice.\n(sec.113A-ssec.2) The gazette notice must state where a copy of the management statement is available for inspection.","sortOrder":251},{"sectionNumber":"sec.113B","sectionType":"section","heading":"When management statement has effect","content":"### sec.113B When management statement has effect\n\nA management statement has effect on and from the later of the following days—\nthe day the gazette notice for the statement is published under section 113A ;\nthe commencement day stated in the statement.\nSee, however, section 119B .\ns 113B ins 2013 No. 55 s 68\n- (a) the day the gazette notice for the statement is published under section 113A ;\n- (b) the commencement day stated in the statement.","sortOrder":252},{"sectionNumber":"sec.113C","sectionType":"section","heading":"Implementation of management statement","content":"### sec.113C Implementation of management statement\n\nOn the making of a management statement for an area, the following persons must give effect to the statement—\nif the area is a national park (Aboriginal land) or national park (Torres Strait Islander land)—the board of management for the area;\nif the area is a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—the Indigenous landholder for the area and the chief executive;\nif the area is under the control of trustees appointed under section 31 —the trustees;\nif paragraphs (a) , (b) and (c) do not apply—the chief executive.\ns 113C ins 2013 No. 55 s 68\namd 2024 No. 17 s 192 sch 1 pt 3\n- (a) if the area is a national park (Aboriginal land) or national park (Torres Strait Islander land)—the board of management for the area;\n- (b) if the area is a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—the Indigenous landholder for the area and the chief executive;\n- (c) if the area is under the control of trustees appointed under section 31 —the trustees;\n- (d) if paragraphs (a) , (b) and (c) do not apply—the chief executive.","sortOrder":253},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Preparing, approving and implementing management plans","content":"## Preparing, approving and implementing management plans","sortOrder":254},{"sectionNumber":"sec.114","sectionType":"section","heading":"Application of division","content":"### sec.114 Application of division\n\nThis division applies if the Minister decides to prepare a management plan for an area under section 112 .\ns 114 amd 1994 No. 42 s 2 sch\nsub 2013 No. 55 s 68\namd 2019 No. 8 s 23","sortOrder":255},{"sectionNumber":"sec.115","sectionType":"section","heading":"Preparation of draft plan","content":"### sec.115 Preparation of draft plan\n\nThe Minister must prepare a draft of the management plan (a draft plan ).\ns 115 amd 1994 No. 42 ss 25 , 2 sch\nsub 2013 No. 55 s 68","sortOrder":256},{"sectionNumber":"sec.115A","sectionType":"section","heading":"Notice of draft plan","content":"### sec.115A Notice of draft plan\n\nThis section applies to a draft plan other than a draft plan for a nature refuge that is subject to a conservation agreement.\nThe Minister must—\npublish a notice about the draft plan on the department’s website; and\nensure the draft plan is available for inspection as stated in the notice.\nThe notice must—\nstate the area to which the draft plan relates; and\nstate that a copy of the draft plan is available for inspection without charge—\nduring business hours at the department’s head office and at each departmental office in the general area in which the area is located; and\non the department’s website; and\ninvite members of the public, including landholders and Aboriginal peoples and Torres Strait Islander peoples with an interest in the area, to make written submissions about the draft plan to the Minister, within a stated period.\nThe stated period must be at least 20 business days after the notice is published.\nSubsection (3) (c) does not apply if—\nthe draft plan is substantially uniform or complementary with—\nanother Act; or\na law of the Commonwealth or another State; or\nthe following applies—\nthe draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument;\nan assessment of the benefits and costs associated with the plan has already been made;\nthe assessment was made for, or is relevant to, Queensland; or\nthe Minister considers there has already been adequate other public consultation about the matters the subject of the plan.\nIn this section—\nlandholder includes a person having an interest in land.\ns 115A ins 2013 No. 55 s 68\namd 2019 No. 8 s 24 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.115A-ssec.1) This section applies to a draft plan other than a draft plan for a nature refuge that is subject to a conservation agreement.\n(sec.115A-ssec.2) The Minister must— publish a notice about the draft plan on the department’s website; and ensure the draft plan is available for inspection as stated in the notice.\n(sec.115A-ssec.3) The notice must— state the area to which the draft plan relates; and state that a copy of the draft plan is available for inspection without charge— during business hours at the department’s head office and at each departmental office in the general area in which the area is located; and on the department’s website; and invite members of the public, including landholders and Aboriginal peoples and Torres Strait Islander peoples with an interest in the area, to make written submissions about the draft plan to the Minister, within a stated period.\n(sec.115A-ssec.4) The stated period must be at least 20 business days after the notice is published.\n(sec.115A-ssec.5) Subsection (3) (c) does not apply if— the draft plan is substantially uniform or complementary with— another Act; or a law of the Commonwealth or another State; or the following applies— the draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument; an assessment of the benefits and costs associated with the plan has already been made; the assessment was made for, or is relevant to, Queensland; or the Minister considers there has already been adequate other public consultation about the matters the subject of the plan.\n(sec.115A-ssec.6) In this section— landholder includes a person having an interest in land.\n- (a) publish a notice about the draft plan on the department’s website; and\n- (b) ensure the draft plan is available for inspection as stated in the notice.\n- (a) state the area to which the draft plan relates; and\n- (b) state that a copy of the draft plan is available for inspection without charge— (i) during business hours at the department’s head office and at each departmental office in the general area in which the area is located; and (ii) on the department’s website; and\n- (i) during business hours at the department’s head office and at each departmental office in the general area in which the area is located; and\n- (ii) on the department’s website; and\n- (c) invite members of the public, including landholders and Aboriginal peoples and Torres Strait Islander peoples with an interest in the area, to make written submissions about the draft plan to the Minister, within a stated period.\n- (i) during business hours at the department’s head office and at each departmental office in the general area in which the area is located; and\n- (ii) on the department’s website; and\n- (a) the draft plan is substantially uniform or complementary with— (i) another Act; or (ii) a law of the Commonwealth or another State; or\n- (i) another Act; or\n- (ii) a law of the Commonwealth or another State; or\n- (b) the following applies— (i) the draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument; (ii) an assessment of the benefits and costs associated with the plan has already been made; (iii) the assessment was made for, or is relevant to, Queensland; or\n- (i) the draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument;\n- (ii) an assessment of the benefits and costs associated with the plan has already been made;\n- (iii) the assessment was made for, or is relevant to, Queensland; or\n- (c) the Minister considers there has already been adequate other public consultation about the matters the subject of the plan.\n- (i) another Act; or\n- (ii) a law of the Commonwealth or another State; or\n- (i) the draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument;\n- (ii) an assessment of the benefits and costs associated with the plan has already been made;\n- (iii) the assessment was made for, or is relevant to, Queensland; or","sortOrder":257},{"sectionNumber":"sec.115B","sectionType":"section","heading":"Obtaining copy of draft plan","content":"### sec.115B Obtaining copy of draft plan\n\nOn payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the draft plan from the chief executive.\nThe fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person.\nFor subsection (2) , if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person.\ns 115B ins 2013 No. 55 s 68\n(sec.115B-ssec.1) On payment of the fee, if any, decided by the chief executive, a person may obtain a copy of the draft plan from the chief executive.\n(sec.115B-ssec.2) The fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person.\n(sec.115B-ssec.3) For subsection (2) , if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person.","sortOrder":258},{"sectionNumber":"sec.116","sectionType":"section","heading":"Submissions to be considered when preparing final management plan","content":"### sec.116 Submissions to be considered when preparing final management plan\n\nWhen preparing a final management plan, the Minister must consider all submissions made to the Minister about the draft plan under section 115A (3) (c) .\ns 116 sub 1994 No. 42 s 26 ; 2013 No. 55 s 68","sortOrder":259},{"sectionNumber":"sec.117","sectionType":"section","heading":"Final management plans","content":"### sec.117 Final management plans\n\nA final management plan for a protected area must—\nbe consistent with the management principles for the class of the area and, if the area is a nature refuge or coordinated conservation area, any conservation agreement or covenant for the area; and\nspecify management outcomes for the protection, presentation and use of the area and the policies, guidelines and actions to achieve the outcomes.\nA final management plan for a protected area may divide the area into management zones.\ns 117 ins 1994 No. 42 s 26\namd 2005 No. 42 s 52 sch 1 ; 2013 No. 55 s 69 ; 2014 No. 40 s 154 sch 1 pt 2\n(sec.117-ssec.1) A final management plan for a protected area must— be consistent with the management principles for the class of the area and, if the area is a nature refuge or coordinated conservation area, any conservation agreement or covenant for the area; and specify management outcomes for the protection, presentation and use of the area and the policies, guidelines and actions to achieve the outcomes.\n(sec.117-ssec.2) A final management plan for a protected area may divide the area into management zones.\n- (a) be consistent with the management principles for the class of the area and, if the area is a nature refuge or coordinated conservation area, any conservation agreement or covenant for the area; and\n- (b) specify management outcomes for the protection, presentation and use of the area and the policies, guidelines and actions to achieve the outcomes.","sortOrder":260},{"sectionNumber":"sec.118","sectionType":"section","heading":"Approval of final management plan","content":"### sec.118 Approval of final management plan\n\nThe Governor in Council may, by gazette notice, approve a final management plan.\nThe gazette notice must state—\nwhere a copy of the management plan is available for inspection; and\nif, immediately before the approval of the management plan, a management statement is in effect for the area—the management statement ceases to have effect on the day the management plan takes effect.\ns 118 ins 1994 No. 42 s 26\nsub 2013 No. 55 s 70\n(sec.118-ssec.1) The Governor in Council may, by gazette notice, approve a final management plan.\n(sec.118-ssec.2) The gazette notice must state— where a copy of the management plan is available for inspection; and if, immediately before the approval of the management plan, a management statement is in effect for the area—the management statement ceases to have effect on the day the management plan takes effect.\n- (a) where a copy of the management plan is available for inspection; and\n- (b) if, immediately before the approval of the management plan, a management statement is in effect for the area—the management statement ceases to have effect on the day the management plan takes effect.","sortOrder":261},{"sectionNumber":"sec.119","sectionType":"section","heading":"Management plan may be combined with another plan","content":"### sec.119 Management plan may be combined with another plan\n\nA management plan for an area may be combined with 1 or more of the following—\na management plan for another area dedicated or declared under this Act;\na management plan for a marine park under the Marine Parks Act 2004 ;\na management plan for a recreation area under the Recreation Areas Management Act 2006 .\ns 119 amd 1994 No. 42 s 27\nsub 2013 No. 55 s 70\n- (a) a management plan for another area dedicated or declared under this Act;\n- (b) a management plan for a marine park under the Marine Parks Act 2004 ;\n- (c) a management plan for a recreation area under the Recreation Areas Management Act 2006 .","sortOrder":262},{"sectionNumber":"sec.119A","sectionType":"section","heading":"When management plan has effect","content":"### sec.119A When management plan has effect\n\nA management plan has effect on and from the later of the following days—\nthe day the gazette notice approving the plan is published;\nthe commencement day stated in the plan.\ns 119A ins 2013 No. 55 s 70\n- (a) the day the gazette notice approving the plan is published;\n- (b) the commencement day stated in the plan.","sortOrder":263},{"sectionNumber":"sec.119B","sectionType":"section","heading":"Management statement ceases to have effect if management plan takes effect","content":"### sec.119B Management statement ceases to have effect if management plan takes effect\n\nThis section applies if—\na management statement is in effect for an area; and\na management plan for the area takes effect under section 119A .\nOn the management plan taking effect, the management statement ceases to have effect for the area.\ns 119B ins 2013 No. 55 s 70\n(sec.119B-ssec.1) This section applies if— a management statement is in effect for an area; and a management plan for the area takes effect under section 119A .\n(sec.119B-ssec.2) On the management plan taking effect, the management statement ceases to have effect for the area.\n- (a) a management statement is in effect for an area; and\n- (b) a management plan for the area takes effect under section 119A .","sortOrder":264},{"sectionNumber":"sec.120","sectionType":"section","heading":"Implementation of management plan","content":"### sec.120 Implementation of management plan\n\nOn approval of a management plan for a protected area or an Indigenous joint management area, the following persons must give effect to the plan—\nif the area is a national park (Aboriginal land) or national park (Torres Strait Islander land)—the board of management for the area;\nif the area is a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—the Indigenous landholder for the area and the chief executive;\nif the area is under the control of trustees appointed under section 31 —the trustees;\nif paragraphs (a) , (b) and (c) do not apply—the chief executive.\ns 120 amd 1994 No. 42 s 2 sch ; 2007 No. 48 s 51 ; 2011 No. 11 s 46 ; 2011 No. 26 s 122 ; 2013 No. 55 s 71 ; 2024 No. 17 s 192 sch 1 pt 3\n- (a) if the area is a national park (Aboriginal land) or national park (Torres Strait Islander land)—the board of management for the area;\n- (b) if the area is a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area—the Indigenous landholder for the area and the chief executive;\n- (c) if the area is under the control of trustees appointed under section 31 —the trustees;\n- (d) if paragraphs (a) , (b) and (c) do not apply—the chief executive.","sortOrder":265},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Amendment of management plans","content":"## Amendment of management plans","sortOrder":266},{"sectionNumber":"sec.120A","sectionType":"section","heading":"Procedures for amending management plan","content":"### sec.120A Procedures for amending management plan\n\nSections 114 to 117 apply to the amendment of a management plan as if a reference to a management plan were a reference to an amendment of a management plan.\nHowever, sections 115 to 116 do not apply to the amendment of a management plan if—\nthe amendment contains only amendments to—\ncorrect an error in the plan; or\nmake a change other than a change of substance in the plan; or\nif the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type; or\nfor a management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment contains only amendments needed to ensure the plan remains substantially uniform or complementary; or\nthe amendment only adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the amendment has already been made and the assessment was made for, or is relevant to, Queensland; or\nthe Minister considers there has already been adequate other public consultation about the matters the subject of the amendment.\ns 120A ins 2013 No. 55 s 72\namd 2016 No. 22 s 27\n(sec.120A-ssec.1) Sections 114 to 117 apply to the amendment of a management plan as if a reference to a management plan were a reference to an amendment of a management plan.\n(sec.120A-ssec.2) However, sections 115 to 116 do not apply to the amendment of a management plan if— the amendment contains only amendments to— correct an error in the plan; or make a change other than a change of substance in the plan; or if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type; or for a management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment contains only amendments needed to ensure the plan remains substantially uniform or complementary; or the amendment only adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the amendment has already been made and the assessment was made for, or is relevant to, Queensland; or the Minister considers there has already been adequate other public consultation about the matters the subject of the amendment.\n- (a) the amendment contains only amendments to— (i) correct an error in the plan; or (ii) make a change other than a change of substance in the plan; or (iii) if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type; or\n- (i) correct an error in the plan; or\n- (ii) make a change other than a change of substance in the plan; or\n- (iii) if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type; or\n- (b) for a management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment contains only amendments needed to ensure the plan remains substantially uniform or complementary; or\n- (c) the amendment only adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the amendment has already been made and the assessment was made for, or is relevant to, Queensland; or\n- (d) the Minister considers there has already been adequate other public consultation about the matters the subject of the amendment.\n- (i) correct an error in the plan; or\n- (ii) make a change other than a change of substance in the plan; or\n- (iii) if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type; or","sortOrder":267},{"sectionNumber":"sec.120AB","sectionType":"section","heading":"Amendment of management plans for particular land","content":"### sec.120AB Amendment of management plans for particular land\n\nThis section applies in relation to the amendment of a management plan for land in a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area.\nThe amendment of the management plan must be prepared jointly with the Indigenous landholder for the land.\nThe management plan as amended must be consistent with any Indigenous land use agreement or Indigenous management agreement for the land.\nThis section does not limit section 120A .\ns 120AB ins 2016 No. 22 s 27 A\namd 2024 No. 17 s 192 sch 1 pt 3\n(sec.120AB-ssec.1) This section applies in relation to the amendment of a management plan for land in a national park (Cape York Peninsula Aboriginal land) or an Indigenous joint management area.\n(sec.120AB-ssec.2) The amendment of the management plan must be prepared jointly with the Indigenous landholder for the land.\n(sec.120AB-ssec.3) The management plan as amended must be consistent with any Indigenous land use agreement or Indigenous management agreement for the land.\n(sec.120AB-ssec.4) This section does not limit section 120A .","sortOrder":268},{"sectionNumber":"sec.120B","sectionType":"section","heading":"Approval of amendment","content":"### sec.120B Approval of amendment\n\nAn amendment of a management plan may be approved, by gazette notice, by—\nfor an amendment to which section 120A (2) applies—the Minister; or\notherwise—the Governor in Council.\nThe gazette notice must state where a copy of each of the following is available for inspection—\nthe amendment of the management plan;\nthe management plan as amended.\ns 120B ins 2013 No. 55 s 72\n(sec.120B-ssec.1) An amendment of a management plan may be approved, by gazette notice, by— for an amendment to which section 120A (2) applies—the Minister; or otherwise—the Governor in Council.\n(sec.120B-ssec.2) The gazette notice must state where a copy of each of the following is available for inspection— the amendment of the management plan; the management plan as amended.\n- (a) for an amendment to which section 120A (2) applies—the Minister; or\n- (b) otherwise—the Governor in Council.\n- (a) the amendment of the management plan;\n- (b) the management plan as amended.","sortOrder":269},{"sectionNumber":"sec.120C","sectionType":"section","heading":"When amendment has effect","content":"### sec.120C When amendment has effect\n\nThe amendment of a management plan has effect on and from the later of the following days—\nthe day the gazette notice approving the amendment is published;\nthe commencement day stated in the amendment.\ns 120C ins 2013 No. 55 s 72\n- (a) the day the gazette notice approving the amendment is published;\n- (b) the commencement day stated in the amendment.","sortOrder":270},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Publication of management statements and management plans","content":"## Publication of management statements and management plans","sortOrder":271},{"sectionNumber":"sec.120D","sectionType":"section","heading":"Publication and availability of management statements and management plans","content":"### sec.120D Publication and availability of management statements and management plans\n\nThe chief executive must publish a copy of each management statement and management plan, as amended from time to time, on the department’s website.\nThe copy must be published—\nwithin 20 business days after the statement or plan first takes effect under this part; or\nfor a copy incorporating an amendment of the statement or plan—within 20 business days after the day on which the amendment takes effect.\nAlso, the chief executive must keep a copy of each management statement and management plan, as amended from time to time, available for inspection, without charge by the chief executive, by members of the public during normal business hours at—\nthe department’s head office; and\neach departmental office in the general area in which the area the subject of the statement or plan is located.\ns 120D ins 2013 No. 55 s 72\n(sec.120D-ssec.1) The chief executive must publish a copy of each management statement and management plan, as amended from time to time, on the department’s website.\n(sec.120D-ssec.2) The copy must be published— within 20 business days after the statement or plan first takes effect under this part; or for a copy incorporating an amendment of the statement or plan—within 20 business days after the day on which the amendment takes effect.\n(sec.120D-ssec.3) Also, the chief executive must keep a copy of each management statement and management plan, as amended from time to time, available for inspection, without charge by the chief executive, by members of the public during normal business hours at— the department’s head office; and each departmental office in the general area in which the area the subject of the statement or plan is located.\n- (a) within 20 business days after the statement or plan first takes effect under this part; or\n- (b) for a copy incorporating an amendment of the statement or plan—within 20 business days after the day on which the amendment takes effect.\n- (a) the department’s head office; and\n- (b) each departmental office in the general area in which the area the subject of the statement or plan is located.","sortOrder":272},{"sectionNumber":"sec.120E","sectionType":"section","heading":"Obtaining copies of management statements or management plans","content":"### sec.120E Obtaining copies of management statements or management plans\n\nOn payment of the fee decided by the chief executive, a person may obtain a copy of a management statement or management plan, as in effect at a particular time, from the chief executive.\nThe fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person.\nFor subsection (2) , if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person.\ns 120E ins 2013 No. 55 s 72\n(sec.120E-ssec.1) On payment of the fee decided by the chief executive, a person may obtain a copy of a management statement or management plan, as in effect at a particular time, from the chief executive.\n(sec.120E-ssec.2) The fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person.\n(sec.120E-ssec.3) For subsection (2) , if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person.","sortOrder":273},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Management programs","content":"## Management programs","sortOrder":274},{"sectionNumber":"sec.120EA","sectionType":"section","heading":"Preparation of management program","content":"### sec.120EA Preparation of management program\n\nA landholder who intends to enter into a conservation agreement for a special wildlife reserve must prepare and give the Minister a management program for the reserve.\ns 120EA ins 2019 No. 8 s 25","sortOrder":275},{"sectionNumber":"sec.120EB","sectionType":"section","heading":"Content of management program","content":"### sec.120EB Content of management program\n\nA management program must state management outcomes for the protection, presentation and use of the special wildlife reserve and actions to achieve the outcomes.\nA management program may also—\ndivide the area of the special wildlife reserve into management zones; and\nauthorise or restrict the taking, using or keeping of, or interfering with, a cultural or natural resource of the reserve.\ns 120EB ins 2019 No. 8 s 25\n(sec.120EB-ssec.1) A management program must state management outcomes for the protection, presentation and use of the special wildlife reserve and actions to achieve the outcomes.\n(sec.120EB-ssec.2) A management program may also— divide the area of the special wildlife reserve into management zones; and authorise or restrict the taking, using or keeping of, or interfering with, a cultural or natural resource of the reserve.\n- (a) divide the area of the special wildlife reserve into management zones; and\n- (b) authorise or restrict the taking, using or keeping of, or interfering with, a cultural or natural resource of the reserve.","sortOrder":276},{"sectionNumber":"sec.120EC","sectionType":"section","heading":"Approval of management program","content":"### sec.120EC Approval of management program\n\nThe Minister may approve a management program for a special wildlife reserve only if the Minister is satisfied—\nthe program is consistent with the management principles and proposed conservation agreement for the reserve; and\nthe program states appropriate management outcomes for the protection, presentation and use of the reserve and appropriate actions to achieve the outcomes; and\nif the program authorises or restricts the taking, using or keeping of, or interfering with, a cultural or natural resource—that the authorisation or restriction is ecologically sustainable.\ns 120EC ins 2019 No. 8 s 25\n- (a) the program is consistent with the management principles and proposed conservation agreement for the reserve; and\n- (b) the program states appropriate management outcomes for the protection, presentation and use of the reserve and appropriate actions to achieve the outcomes; and\n- (c) if the program authorises or restricts the taking, using or keeping of, or interfering with, a cultural or natural resource—that the authorisation or restriction is ecologically sustainable.","sortOrder":277},{"sectionNumber":"sec.120ED","sectionType":"section","heading":"When management program has effect","content":"### sec.120ED When management program has effect\n\nA management program for a special wildlife reserve has effect when the reserve is declared under this Act.\ns 120ED ins 2019 No. 8 s 25","sortOrder":278},{"sectionNumber":"sec.120EE","sectionType":"section","heading":"Implementation of management program","content":"### sec.120EE Implementation of management program\n\nThe landholder of land in a special wildlife reserve must give effect to the management program for the reserve.\ns 120EE ins 2019 No. 8 s 25","sortOrder":279},{"sectionNumber":"sec.120EF","sectionType":"section","heading":"Amendment of management program","content":"### sec.120EF Amendment of management program\n\nThe landholder of land in a special wildlife reserve may, at any time, prepare an amended management program for the reserve for approval by the chief executive.\nSection 120EC applies to the amended management program as if—\na reference to the Minister were a reference to the chief executive; and\na reference to a management program were a reference to the amended management program.\nAn amended management program for a special wildlife reserve has effect when it is approved by the chief executive.\ns 120EF ins 2019 No. 8 s 25\n(sec.120EF-ssec.1) The landholder of land in a special wildlife reserve may, at any time, prepare an amended management program for the reserve for approval by the chief executive.\n(sec.120EF-ssec.2) Section 120EC applies to the amended management program as if— a reference to the Minister were a reference to the chief executive; and a reference to a management program were a reference to the amended management program.\n(sec.120EF-ssec.3) An amended management program for a special wildlife reserve has effect when it is approved by the chief executive.\n- (a) a reference to the Minister were a reference to the chief executive; and\n- (b) a reference to a management program were a reference to the amended management program.","sortOrder":280},{"sectionNumber":"pt.7-div.7","sectionType":"division","heading":"Reviewing management statements, management plans and management programs","content":"## Reviewing management statements, management plans and management programs","sortOrder":281},{"sectionNumber":"sec.120F","sectionType":"section","heading":"Review of management statements","content":"### sec.120F Review of management statements\n\nThe chief executive must review the management statement for an area not later than 10 years after it is made.\nOn completing the review, the chief executive may—\nprepare a new management statement for the area; or\namend the existing management statement for the area; or\nleave the existing management statement for the area unchanged.\ns 120F ins 2013 No. 55 s 72\n(sec.120F-ssec.1) The chief executive must review the management statement for an area not later than 10 years after it is made.\n(sec.120F-ssec.2) On completing the review, the chief executive may— prepare a new management statement for the area; or amend the existing management statement for the area; or leave the existing management statement for the area unchanged.\n- (a) prepare a new management statement for the area; or\n- (b) amend the existing management statement for the area; or\n- (c) leave the existing management statement for the area unchanged.","sortOrder":282},{"sectionNumber":"sec.120G","sectionType":"section","heading":"Review of management plans","content":"### sec.120G Review of management plans\n\nThe Minister must review the operation of a management plan for an area not later than 10 years after its approval.\nOn completing the review, the Minister may—\nprepare a new management plan for the area; or\namend the existing management plan for the area; or\nleave the existing management plan for the area unchanged; or\nif the Minister is satisfied it is appropriate in the circumstances, decide that the existing management plan be replaced with a management statement for the area.\nIf the Minister decides, under subsection (2) (d) , that the existing management plan be replaced with a management statement for the area—\nthe Governor in Council may revoke the approval of the existing management plan; and\nif the approval is revoked—the chief executive must prepare a management statement for the area under this part to take effect immediately after the revocation.\nSubsection (3) (b) does not apply if the area is amalgamated with another area for which a management statement is required under section 111 , and either—\nthe regulation dedicating or declaring the amalgamated area declares that an existing management statement or existing management plan applies to the amalgamated area; or\nan existing management statement or existing management plan is amended to apply it to the amalgamated area.\nAlso, if the area is a protected area, section 111 (4) applies to the area as if section 111 (4) (b) also included a reference to a management statement required to be prepared under subsection (3) (b) .\ns 120G ins 2013 No. 55 s 72\n(sec.120G-ssec.1) The Minister must review the operation of a management plan for an area not later than 10 years after its approval.\n(sec.120G-ssec.2) On completing the review, the Minister may— prepare a new management plan for the area; or amend the existing management plan for the area; or leave the existing management plan for the area unchanged; or if the Minister is satisfied it is appropriate in the circumstances, decide that the existing management plan be replaced with a management statement for the area.\n(sec.120G-ssec.3) If the Minister decides, under subsection (2) (d) , that the existing management plan be replaced with a management statement for the area— the Governor in Council may revoke the approval of the existing management plan; and if the approval is revoked—the chief executive must prepare a management statement for the area under this part to take effect immediately after the revocation.\n(sec.120G-ssec.4) Subsection (3) (b) does not apply if the area is amalgamated with another area for which a management statement is required under section 111 , and either— the regulation dedicating or declaring the amalgamated area declares that an existing management statement or existing management plan applies to the amalgamated area; or an existing management statement or existing management plan is amended to apply it to the amalgamated area.\n(sec.120G-ssec.5) Also, if the area is a protected area, section 111 (4) applies to the area as if section 111 (4) (b) also included a reference to a management statement required to be prepared under subsection (3) (b) .\n- (a) prepare a new management plan for the area; or\n- (b) amend the existing management plan for the area; or\n- (c) leave the existing management plan for the area unchanged; or\n- (d) if the Minister is satisfied it is appropriate in the circumstances, decide that the existing management plan be replaced with a management statement for the area.\n- (a) the Governor in Council may revoke the approval of the existing management plan; and\n- (b) if the approval is revoked—the chief executive must prepare a management statement for the area under this part to take effect immediately after the revocation.\n- (a) the regulation dedicating or declaring the amalgamated area declares that an existing management statement or existing management plan applies to the amalgamated area; or\n- (b) an existing management statement or existing management plan is amended to apply it to the amalgamated area.","sortOrder":283},{"sectionNumber":"sec.120GA","sectionType":"section","heading":"Review of management program","content":"### sec.120GA Review of management program\n\nThe chief executive and the landholder of land in a special wildlife reserve must jointly review the management program for the reserve—\nno later than 5 years after the program first takes effect (the first review ); and\nsubsequently, at intervals of not more than 5 years after the first review.\nSubsection (1) applies even if the management program has been amended in the period before the review is required.\nOn completing a review under subsection (1) , the chief executive and landholder may agree—\nthat the landholder will prepare an amended management program under section 120EF ; or\nto leave the management program unchanged.\ns 120GA ins 2019 No. 8 s 28\n(sec.120GA-ssec.1) The chief executive and the landholder of land in a special wildlife reserve must jointly review the management program for the reserve— no later than 5 years after the program first takes effect (the first review ); and subsequently, at intervals of not more than 5 years after the first review.\n(sec.120GA-ssec.2) Subsection (1) applies even if the management program has been amended in the period before the review is required.\n(sec.120GA-ssec.3) On completing a review under subsection (1) , the chief executive and landholder may agree— that the landholder will prepare an amended management program under section 120EF ; or to leave the management program unchanged.\n- (a) no later than 5 years after the program first takes effect (the first review ); and\n- (b) subsequently, at intervals of not more than 5 years after the first review.\n- (a) that the landholder will prepare an amended management program under section 120EF ; or\n- (b) to leave the management program unchanged.","sortOrder":284},{"sectionNumber":"pt.7-div.8","sectionType":"division","heading":"Conservation plans","content":"## Conservation plans","sortOrder":285},{"sectionNumber":"sec.120H","sectionType":"section","heading":"Preparation of conservation plans","content":"### sec.120H Preparation of conservation plans\n\nThe Minister may prepare a conservation plan for any native wildlife, class of wildlife, native wildlife habitat or area that is, in the Minister’s opinion, an area of major interest.\nIf a person applies for a licence, permit or other authority under a regulation to—\ntake or use protected wildlife; or\nrelease international or prohibited wildlife into the wild; or\nintroduce international or prohibited wildlife into the State;\nthe Minister may, before the authority is given—\nrequire the person, at the person’s cost, to prepare a draft conservation plan; or\nprepare a draft conservation plan;\nfor the taking, use, release or introduction of the wildlife.\nThe Minister may require the person to pay—\nif subsection (2) (d) applies—the reasonable costs incurred by the Minister in relation to the preparation and approval of a final conservation plan; or\nif subsection (2) (e) applies—the reasonable costs incurred by the Minister in relation to—\nthe preparation of the draft and final conservation plans; and\nthe approval of the final conservation plan.\nIf the conservation plan is to provide for matters for which a regulation may be made under this Act, subsection (3) only applies if the Minister is satisfied it is more appropriate in the circumstances for a conservation plan to provide for the matters.\nA conservation plan may make provision about the following matters—\nany matter for which a regulation may be made under this Act, including, for example, prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention;\nthe use or development of land, and activities, in an area identified under the plan as, or including, a critical habitat or an area of major interest.\ns 120H (prev s 112) amd 1994 No. 42 s 24 ; 1995 No. 40 s 15 ; 2004 No. 48 s 177 ; 2013 No. 55 s 66\nreloc and renum 2013 No. 55 s 66 (5)\n(sec.120H-ssec.1) The Minister may prepare a conservation plan for any native wildlife, class of wildlife, native wildlife habitat or area that is, in the Minister’s opinion, an area of major interest.\n(sec.120H-ssec.2) If a person applies for a licence, permit or other authority under a regulation to— take or use protected wildlife; or release international or prohibited wildlife into the wild; or introduce international or prohibited wildlife into the State; the Minister may, before the authority is given— require the person, at the person’s cost, to prepare a draft conservation plan; or prepare a draft conservation plan; for the taking, use, release or introduction of the wildlife.\n(sec.120H-ssec.3) The Minister may require the person to pay— if subsection (2) (d) applies—the reasonable costs incurred by the Minister in relation to the preparation and approval of a final conservation plan; or if subsection (2) (e) applies—the reasonable costs incurred by the Minister in relation to— the preparation of the draft and final conservation plans; and the approval of the final conservation plan.\n(sec.120H-ssec.4) If the conservation plan is to provide for matters for which a regulation may be made under this Act, subsection (3) only applies if the Minister is satisfied it is more appropriate in the circumstances for a conservation plan to provide for the matters.\n(sec.120H-ssec.5) A conservation plan may make provision about the following matters— any matter for which a regulation may be made under this Act, including, for example, prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; the use or development of land, and activities, in an area identified under the plan as, or including, a critical habitat or an area of major interest.\n- (a) take or use protected wildlife; or\n- (b) release international or prohibited wildlife into the wild; or\n- (c) introduce international or prohibited wildlife into the State;\n- (d) require the person, at the person’s cost, to prepare a draft conservation plan; or\n- (e) prepare a draft conservation plan;\n- (a) if subsection (2) (d) applies—the reasonable costs incurred by the Minister in relation to the preparation and approval of a final conservation plan; or\n- (b) if subsection (2) (e) applies—the reasonable costs incurred by the Minister in relation to— (i) the preparation of the draft and final conservation plans; and (ii) the approval of the final conservation plan.\n- (i) the preparation of the draft and final conservation plans; and\n- (ii) the approval of the final conservation plan.\n- (i) the preparation of the draft and final conservation plans; and\n- (ii) the approval of the final conservation plan.\n- (a) any matter for which a regulation may be made under this Act, including, for example, prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention;\n- (b) the use or development of land, and activities, in an area identified under the plan as, or including, a critical habitat or an area of major interest.","sortOrder":286},{"sectionNumber":"sec.120I","sectionType":"section","heading":"Conservation plans to be consistent with management principles etc.","content":"### sec.120I Conservation plans to be consistent with management principles etc.\n\nA conservation plan for wildlife must be consistent with the management principles for the class of wildlife.\nA conservation plan for wildlife, or a class of wildlife, may provide for the State to be divided into wildlife districts.\ns 120I ins 2013 No. 55 s 72\n(sec.120I-ssec.1) A conservation plan for wildlife must be consistent with the management principles for the class of wildlife.\n(sec.120I-ssec.2) A conservation plan for wildlife, or a class of wildlife, may provide for the State to be divided into wildlife districts.","sortOrder":287},{"sectionNumber":"sec.120J","sectionType":"section","heading":"Approval of conservation plan","content":"### sec.120J Approval of conservation plan\n\nA conservation plan does not have effect until it has been approved by the Governor in Council.\nA conservation plan is subordinate legislation.\ns 120J ins 2013 No. 55 s 72\n(sec.120J-ssec.1) A conservation plan does not have effect until it has been approved by the Governor in Council.\n(sec.120J-ssec.2) A conservation plan is subordinate legislation.","sortOrder":288},{"sectionNumber":"sec.120K","sectionType":"section","heading":"Implementation of conservation plan","content":"### sec.120K Implementation of conservation plan\n\nOn approval of a conservation plan, the chief executive must give effect to the plan.\ns 120K ins 2013 No. 55 s 72","sortOrder":289},{"sectionNumber":"pt.7-div.9","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":290},{"sectionNumber":"sec.121","sectionType":"section","heading":"Plan replaces interim or declared management intent","content":"### sec.121 Plan replaces interim or declared management intent\n\nA management statement or management plan for a coordinated conservation area replaces the interim management intent for the area.\nA conservation plan for wildlife, or a class of wildlife, replaces the declared management intent for the wildlife, or class of wildlife, unless the plan declares that this subsection does not apply to the plan.\ns 121 sub 1994 No. 42 s 29\namd 2013 No. 55 s 73\n(sec.121-ssec.1) A management statement or management plan for a coordinated conservation area replaces the interim management intent for the area.\n(sec.121-ssec.2) A conservation plan for wildlife, or a class of wildlife, replaces the declared management intent for the wildlife, or class of wildlife, unless the plan declares that this subsection does not apply to the plan.","sortOrder":291},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 sub 1994 No. 42 s 30\nom 2016 No. 27 s 335","sortOrder":292},{"sectionNumber":"sec.123","sectionType":"section","heading":"Local governments’ decisions to be consistent with plans","content":"### sec.123 Local governments’ decisions to be consistent with plans\n\nThis section applies to land in—\na protected area for which a regulation is in force giving effect to a management plan for the area; or\nan area identified under a conservation plan as, or including, a critical habitat or an area of major interest.\nA local government must not issue or give any approval, consent, permit or other authority for a use of, or a development on, the land that is inconsistent with the regulation or plan.\ns 123 ins 1994 No. 42 s 30\namd 1995 No. 40 s 16\n(sec.123-ssec.1) This section applies to land in— a protected area for which a regulation is in force giving effect to a management plan for the area; or an area identified under a conservation plan as, or including, a critical habitat or an area of major interest.\n(sec.123-ssec.2) A local government must not issue or give any approval, consent, permit or other authority for a use of, or a development on, the land that is inconsistent with the regulation or plan.\n- (a) a protected area for which a regulation is in force giving effect to a management plan for the area; or\n- (b) an area identified under a conservation plan as, or including, a critical habitat or an area of major interest.","sortOrder":293},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 amd 1994 No. 42 s 2 sch ; 1995 No. 40 s 17 ; 2007 No. 56 s 39\nsub 2011 No. 3 s 21\nom 2013 No. 55 s 74","sortOrder":294},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 amd 1994 No. 42 s 31\nom 2013 No. 55 s 74","sortOrder":295},{"sectionNumber":"pt.7A","sectionType":"part","heading":"Regulations identifying critical habitats or areas of major interest","content":"# Regulations identifying critical habitats or areas of major interest","sortOrder":296},{"sectionNumber":"sec.126A","sectionType":"section","heading":"Local governments’ decisions to be consistent with regulations","content":"### sec.126A Local governments’ decisions to be consistent with regulations\n\nThis section applies to land in an area identified under a regulation as, or including, a critical habitat or an area of major interest.\nA local government must not issue or give any approval, consent, permit or other authority for a use of, or a development on, the land that is inconsistent with the regulation.\ns 126A ins 2013 No. 50 s 15\n(sec.126A-ssec.1) This section applies to land in an area identified under a regulation as, or including, a critical habitat or an area of major interest.\n(sec.126A-ssec.2) A local government must not issue or give any approval, consent, permit or other authority for a use of, or a development on, the land that is inconsistent with the regulation.","sortOrder":297},{"sectionNumber":"pt.8","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":298},{"sectionNumber":"sec.127","sectionType":"section","heading":"Appointment of conservation officers","content":"### sec.127 Appointment of conservation officers\n\nThe Minister may—\nappoint an employee of the department; or\nappoint an officer of the public service; or\nappoint a police officer; or\nwith the person’s consent, appoint another person;\nto be a conservation officer.\nUnder the Police Powers and Responsibilities Act 2000 , section 13 , a police officer may be appointed as a conservation officer only with the written approval of the commissioner of the police service.\nThe Minister may appoint a conservation officer, who has satisfactorily completed a course of training approved by the Minister, to be a special conservation officer.\nAn appointment under subsection (1) or (2) must be in, or evidenced by, writing signed by the Minister.\nA conservation officer appointed under subsection (1) (a) or (b) holds office subject to the conditions specified in the instrument of appointment.\nA conservation officer appointed under subsection (1) (d) —\nholds office for the term, and subject to the conditions, specified in the instrument of appointment; and\nmay resign office by writing signed and given to the Minister.\ns 127 amd 1994 No. 42 s 33 ; 2000 No. 5 s 373 sch 3 ; 2011 No. 6 s 142 sch\n(sec.127-ssec.1) The Minister may— appoint an employee of the department; or appoint an officer of the public service; or appoint a police officer; or with the person’s consent, appoint another person; to be a conservation officer. Under the Police Powers and Responsibilities Act 2000 , section 13 , a police officer may be appointed as a conservation officer only with the written approval of the commissioner of the police service.\n(sec.127-ssec.2) The Minister may appoint a conservation officer, who has satisfactorily completed a course of training approved by the Minister, to be a special conservation officer.\n(sec.127-ssec.3) An appointment under subsection (1) or (2) must be in, or evidenced by, writing signed by the Minister.\n(sec.127-ssec.4) A conservation officer appointed under subsection (1) (a) or (b) holds office subject to the conditions specified in the instrument of appointment.\n(sec.127-ssec.5) A conservation officer appointed under subsection (1) (d) — holds office for the term, and subject to the conditions, specified in the instrument of appointment; and may resign office by writing signed and given to the Minister.\n- (a) appoint an employee of the department; or\n- (b) appoint an officer of the public service; or\n- (c) appoint a police officer; or\n- (d) with the person’s consent, appoint another person;\n- (a) holds office for the term, and subject to the conditions, specified in the instrument of appointment; and\n- (b) may resign office by writing signed and given to the Minister.","sortOrder":299},{"sectionNumber":"sec.127A","sectionType":"section","heading":"Functions of conservation officers","content":"### sec.127A Functions of conservation officers\n\nA conservation officer has the following functions—\nto investigate, monitor and enforce compliance with this Act;\nto investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\nto facilitate the exercise of powers under this Act;\nto help achieve the object of this Act by providing advice and information on how the object may be achieved.\nSubject to this Act, a conservation officer may exercise the powers under this Act for the purpose of these functions.\ns 127A ins 2022 No. 21 s 11\n(sec.127A-ssec.1) A conservation officer has the following functions— to investigate, monitor and enforce compliance with this Act; to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act; to facilitate the exercise of powers under this Act; to help achieve the object of this Act by providing advice and information on how the object may be achieved.\n(sec.127A-ssec.2) Subject to this Act, a conservation officer may exercise the powers under this Act for the purpose of these functions.\n- (a) to investigate, monitor and enforce compliance with this Act;\n- (b) to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;\n- (c) to facilitate the exercise of powers under this Act;\n- (d) to help achieve the object of this Act by providing advice and information on how the object may be achieved.","sortOrder":300},{"sectionNumber":"sec.128","sectionType":"section","heading":"Appointment of honorary protectors","content":"### sec.128 Appointment of honorary protectors\n\nThe Minister may, by signed writing, appoint a qualified person, with the person’s consent, to be an honorary protector.\nAn honorary protector—\nholds office for the term, and subject to the conditions, specified in the instrument of appointment; and\nhas the powers of a conservation officer under section 151 and such other powers as may be prescribed; and\nmay resign by writing signed and given to the Minister.\nIn this section—\nqualified person means a person who—\nin the Minister’s opinion, has the necessary expertise or experience to be an honorary protector; or\nhas satisfactorily completed a course of training approved by the Minister.\n(sec.128-ssec.1) The Minister may, by signed writing, appoint a qualified person, with the person’s consent, to be an honorary protector.\n(sec.128-ssec.2) An honorary protector— holds office for the term, and subject to the conditions, specified in the instrument of appointment; and has the powers of a conservation officer under section 151 and such other powers as may be prescribed; and may resign by writing signed and given to the Minister.\n(sec.128-ssec.3) In this section— qualified person means a person who— in the Minister’s opinion, has the necessary expertise or experience to be an honorary protector; or has satisfactorily completed a course of training approved by the Minister.\n- (a) holds office for the term, and subject to the conditions, specified in the instrument of appointment; and\n- (b) has the powers of a conservation officer under section 151 and such other powers as may be prescribed; and\n- (c) may resign by writing signed and given to the Minister.\n- (a) in the Minister’s opinion, has the necessary expertise or experience to be an honorary protector; or\n- (b) has satisfactorily completed a course of training approved by the Minister.","sortOrder":301},{"sectionNumber":"sec.129","sectionType":"section","heading":"Minister may inquire into suitability of proposed appointees","content":"### sec.129 Minister may inquire into suitability of proposed appointees\n\nBefore appointing a person as a conservation officer or honorary protector, the Minister may inquire into the suitability of the person.\nThe Minister may obtain a report from the commissioner of the police service about the criminal history of the person.\nThe report must include reference to, or disclosure of, convictions mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\ns 129 ins 1994 No. 42 s 34\namd 2003 No. 96 s 28 sch\n(sec.129-ssec.1) Before appointing a person as a conservation officer or honorary protector, the Minister may inquire into the suitability of the person.\n(sec.129-ssec.2) The Minister may obtain a report from the commissioner of the police service about the criminal history of the person.\n(sec.129-ssec.3) The report must include reference to, or disclosure of, convictions mentioned in the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .","sortOrder":302},{"sectionNumber":"sec.130","sectionType":"section","heading":"Identity cards","content":"### sec.130 Identity cards\n\nThe Minister must issue an identity card to—\neach conservation officer; and\neach honorary protector.\nThe identity card must—\ncontain a recent photograph of the conservation officer or honorary protector; and\nbe in a form approved, in writing, by the Minister; and\nin the case of a conservation officer who is a special conservation officer—state that the officer is a special conservation officer; and\nbe signed by the conservation officer or honorary protector.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\nWithout limiting subsection (3) , if the person holds an office under another Act administered by the department, the identity card may identify the other office.\nDespite subsection (1) , the Minister is not required to issue an identity card to—\na conservation officer who is a police officer; or\na person who holds an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a conservation officer.\nA person who ceases to be a conservation officer or honorary protector must, as soon as practicable, return an identity card issued under subsection (1) to the Minister.\nMaximum penalty for subsection (3) —50 penalty units.\ns 130 amd 2000 No. 5 s 373 sch 3 ; 2022 No. 9 s 61\n(sec.130-ssec.1) The Minister must issue an identity card to— each conservation officer; and each honorary protector.\n(sec.130-ssec.2) The identity card must— contain a recent photograph of the conservation officer or honorary protector; and be in a form approved, in writing, by the Minister; and in the case of a conservation officer who is a special conservation officer—state that the officer is a special conservation officer; and be signed by the conservation officer or honorary protector.\n(sec.130-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.130-ssec.4) Without limiting subsection (3) , if the person holds an office under another Act administered by the department, the identity card may identify the other office.\n(sec.130-ssec.5) Despite subsection (1) , the Minister is not required to issue an identity card to— a conservation officer who is a police officer; or a person who holds an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a conservation officer.\n(sec.130-ssec.6) A person who ceases to be a conservation officer or honorary protector must, as soon as practicable, return an identity card issued under subsection (1) to the Minister. Maximum penalty for subsection (3) —50 penalty units.\n- (a) each conservation officer; and\n- (b) each honorary protector.\n- (a) contain a recent photograph of the conservation officer or honorary protector; and\n- (b) be in a form approved, in writing, by the Minister; and\n- (c) in the case of a conservation officer who is a special conservation officer—state that the officer is a special conservation officer; and\n- (d) be signed by the conservation officer or honorary protector.\n- (a) a conservation officer who is a police officer; or\n- (b) a person who holds an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a conservation officer.","sortOrder":303},{"sectionNumber":"sec.131","sectionType":"section","heading":"Production or display of identity card","content":"### sec.131 Production or display of identity card\n\nA conservation officer or an honorary protector must not exercise any power under this Act in relation to a person unless the conservation officer or honorary protector—\nproduces his or her identity card for the person’s inspection before exercising the power; or\nhas his or her identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the conservation officer or honorary protector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , a conservation officer or honorary protector does not exercise a power in relation to a person only because the conservation officer or honorary protector has entered a place as mentioned in section 145 (2) (c) or (d) .\nThis section does not apply to a conservation officer who is a police officer.\nSubsection (4) does not limit or otherwise affect the Police Powers and Responsibilities Act 2000 , section 637 .\nIn this section—\nidentity card means—\nan identity card issued under section 130 ; or\nan identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a conservation officer under this Act.\ns 131 amd 2013 No. 55 s 75 ; 2022 No. 9 s 62\n(sec.131-ssec.1) A conservation officer or an honorary protector must not exercise any power under this Act in relation to a person unless the conservation officer or honorary protector— produces his or her identity card for the person’s inspection before exercising the power; or has his or her identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.131-ssec.2) However, if it is not practicable to comply with subsection (1) , the conservation officer or honorary protector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.131-ssec.3) For subsection (1) , a conservation officer or honorary protector does not exercise a power in relation to a person only because the conservation officer or honorary protector has entered a place as mentioned in section 145 (2) (c) or (d) .\n(sec.131-ssec.4) This section does not apply to a conservation officer who is a police officer.\n(sec.131-ssec.5) Subsection (4) does not limit or otherwise affect the Police Powers and Responsibilities Act 2000 , section 637 .\n(sec.131-ssec.6) In this section— identity card means— an identity card issued under section 130 ; or an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a conservation officer under this Act.\n- (a) produces his or her identity card for the person’s inspection before exercising the power; or\n- (b) has his or her identity card displayed so it is clearly visible to the person when exercising the power.\n- (a) an identity card issued under section 130 ; or\n- (b) an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a conservation officer under this Act.","sortOrder":304},{"sectionNumber":"sec.132","sectionType":"section","heading":"Advisory committees","content":"### sec.132 Advisory committees\n\nThe Minister may establish as many advisory committees as the Minister considers appropriate for the purposes of the administration of this Act, including, for example—\nscientific advisory committees; and\nprotected area management advisory committees; and\nwildlife management advisory committees.\nAn advisory committee is to have the functions that the Minister specifies, including, for example, the function of advising the Minister on—\nthe identification, classification and management of protected areas; and\nthe classification of wildlife; and\nthe suitability of management and conservation plans.\nA member of an advisory committee may be paid such fees and allowances as are approved by the Governor in Council.\ns 132 amd 1994 No. 42 s 2 sch ; 2013 No. 55 s 76\n(sec.132-ssec.1) The Minister may establish as many advisory committees as the Minister considers appropriate for the purposes of the administration of this Act, including, for example— scientific advisory committees; and protected area management advisory committees; and wildlife management advisory committees.\n(sec.132-ssec.2) An advisory committee is to have the functions that the Minister specifies, including, for example, the function of advising the Minister on— the identification, classification and management of protected areas; and the classification of wildlife; and the suitability of management and conservation plans.\n(sec.132-ssec.3) A member of an advisory committee may be paid such fees and allowances as are approved by the Governor in Council.\n- (a) scientific advisory committees; and\n- (b) protected area management advisory committees; and\n- (c) wildlife management advisory committees.\n- (a) the identification, classification and management of protected areas; and\n- (b) the classification of wildlife; and\n- (c) the suitability of management and conservation plans.","sortOrder":305},{"sectionNumber":"sec.132A","sectionType":"section","heading":"Committees for protected areas in Cape York Peninsula Region","content":"### sec.132A Committees for protected areas in Cape York Peninsula Region\n\nThe Minister may establish committees to advise the Minister about matters relating to particular protected areas in the Cape York Peninsula Region, including, for example, matters about the preparation of management plans, and matters about implementing the plans, for the areas.\nAlso, the Minister must establish a committee of Aboriginal peoples or Torres Strait Islander peoples who have an interest in a protected area in the Cape York Peninsula Region (the Regional Protected Area Management Committee ) to advise the Minister about matters relating to protected areas in the region, including, for example, matters about—\nemployment opportunities for Aboriginal peoples or Torres Strait Islander peoples in the areas; and\nany management plans for the areas; and\nthe provision of resources for the management of the areas.\nEach committee established under subsection (1) must consist of representatives of Aboriginal peoples or Torres Strait Islander peoples the Minister is satisfied have an interest in the protected areas for which the committee is established.\nThe Regional Protected Area Management Committee may consist of representatives of—\nthe committees established under subsection (1) ; or\nregional organisations representing Aboriginal peoples or Torres Strait Islander peoples in the Cape York Peninsula Region.\ns 132A ins 2007 No. 48 s 52\namd 2013 No. 55 s 175 sch 1 pt 1 ; 2019 No. 8 s 28A ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.132A-ssec.1) The Minister may establish committees to advise the Minister about matters relating to particular protected areas in the Cape York Peninsula Region, including, for example, matters about the preparation of management plans, and matters about implementing the plans, for the areas.\n(sec.132A-ssec.2) Also, the Minister must establish a committee of Aboriginal peoples or Torres Strait Islander peoples who have an interest in a protected area in the Cape York Peninsula Region (the Regional Protected Area Management Committee ) to advise the Minister about matters relating to protected areas in the region, including, for example, matters about— employment opportunities for Aboriginal peoples or Torres Strait Islander peoples in the areas; and any management plans for the areas; and the provision of resources for the management of the areas.\n(sec.132A-ssec.3) Each committee established under subsection (1) must consist of representatives of Aboriginal peoples or Torres Strait Islander peoples the Minister is satisfied have an interest in the protected areas for which the committee is established.\n(sec.132A-ssec.4) The Regional Protected Area Management Committee may consist of representatives of— the committees established under subsection (1) ; or regional organisations representing Aboriginal peoples or Torres Strait Islander peoples in the Cape York Peninsula Region.\n- (a) employment opportunities for Aboriginal peoples or Torres Strait Islander peoples in the areas; and\n- (b) any management plans for the areas; and\n- (c) the provision of resources for the management of the areas.\n- (a) the committees established under subsection (1) ; or\n- (b) regional organisations representing Aboriginal peoples or Torres Strait Islander peoples in the Cape York Peninsula Region.","sortOrder":306},{"sectionNumber":"sec.132B","sectionType":"section","heading":"Decision about prescription of wildlife in particular circumstances","content":"### sec.132B Decision about prescription of wildlife in particular circumstances\n\nThis section applies if the species technical committee makes a recommendation to the Minister about the classification of particular native wildlife.\nWithin 30 business days after receiving the recommendation from the  committee, the Minister must decide whether to recommend to the Governor in Council the making of a regulation under part 5 , division 2 prescribing the native wildlife to be a particular class of wildlife.\nIn this section—\nspecies technical committee means the advisory committee, established under section 132 , that has the function of advising the Minister on the classification of wildlife.\ns 132B ins 2020 No. 3 s 122\n(sec.132B-ssec.1) This section applies if the species technical committee makes a recommendation to the Minister about the classification of particular native wildlife.\n(sec.132B-ssec.2) Within 30 business days after receiving the recommendation from the  committee, the Minister must decide whether to recommend to the Governor in Council the making of a regulation under part 5 , division 2 prescribing the native wildlife to be a particular class of wildlife.\n(sec.132B-ssec.3) In this section— species technical committee means the advisory committee, established under section 132 , that has the function of advising the Minister on the classification of wildlife.","sortOrder":307},{"sectionNumber":"sec.133","sectionType":"section","heading":"Chief executive to keep register","content":"### sec.133 Chief executive to keep register\n\nThe chief executive must keep a register of—\nmanagement statements, management plans and conservation plans; and\ncritical habitats; and\nareas of major interest; and\ncaptive breeding agreements that are in force; and\ninterim conservation orders; and\nconservation officers; and\nhonorary protectors.\nSubject to subsection (3) , the chief executive must—\nkeep the registers open for inspection by members of the public during office hours on business days at—\nthe department’s head office; and\nsuch other places as the chief executive considers appropriate; and\non payment of the prescribed fee by a person—\npermit the person to take extracts from a register; or\ngive the person a copy of a part of a register.\nA person must not be given information that is declared under section 136 to be confidential information.\ns 133 amd 1994 No. 42 s 2 sch ; 2000 No. 44 s 33 ; 2002 No. 72 s 28 ; 2004 No. 48 s 178 ; 2007 No. 48 s 53 ; 2011 No. 31 s 347 ; 2013 No. 55 s 77\n(sec.133-ssec.1) The chief executive must keep a register of— management statements, management plans and conservation plans; and critical habitats; and areas of major interest; and captive breeding agreements that are in force; and interim conservation orders; and conservation officers; and honorary protectors.\n(sec.133-ssec.2) Subject to subsection (3) , the chief executive must— keep the registers open for inspection by members of the public during office hours on business days at— the department’s head office; and such other places as the chief executive considers appropriate; and on payment of the prescribed fee by a person— permit the person to take extracts from a register; or give the person a copy of a part of a register.\n(sec.133-ssec.3) A person must not be given information that is declared under section 136 to be confidential information.\n- (a) management statements, management plans and conservation plans; and\n- (b) critical habitats; and\n- (c) areas of major interest; and\n- (d) captive breeding agreements that are in force; and\n- (e) interim conservation orders; and\n- (f) conservation officers; and\n- (g) honorary protectors.\n- (a) keep the registers open for inspection by members of the public during office hours on business days at— (i) the department’s head office; and (ii) such other places as the chief executive considers appropriate; and\n- (i) the department’s head office; and\n- (ii) such other places as the chief executive considers appropriate; and\n- (b) on payment of the prescribed fee by a person— (i) permit the person to take extracts from a register; or (ii) give the person a copy of a part of a register.\n- (i) permit the person to take extracts from a register; or\n- (ii) give the person a copy of a part of a register.\n- (i) the department’s head office; and\n- (ii) such other places as the chief executive considers appropriate; and\n- (i) permit the person to take extracts from a register; or\n- (ii) give the person a copy of a part of a register.","sortOrder":308},{"sectionNumber":"sec.134","sectionType":"section","heading":"Records to be kept by registrar of titles","content":"### sec.134 Records to be kept by registrar of titles\n\nSubsections (2) to (4) apply in relation to the following instruments—\na conservation agreement, including an amended conservation agreement;\na regulation or conservation plan identifying an area as, or including—\na critical habitat; or\nan area of major interest;\na regulation declaring a protected area.\nThe chief executive must, within 14 days after the instrument is made, give the registrar of titles a compliant document for the instrument.\nThe registrar of titles must record the information in the compliant document about the instrument, and the land to which it relates, in the appropriate register for the land in a way that a search of the register will show the existence of the instrument in relation to the land.\nThe record must also state where the instrument may be inspected.\nSubsections (6) and (7) apply in relation to the following actions—\nthe ending of a conservation agreement;\nthe removal of an area as, or including, a critical habitat or an area of major interest from a regulation or conservation plan;\nthe revocation of a protected area, in whole or part.\nThe chief executive must, within 14 days after the action happens, give the registrar of titles a compliant document for the action.\nThe registrar of titles must record the happening of the action in the appropriate register for the land.\nIn this section—\nappropriate register means—\nfor freehold land—the freehold land register; or\nfor other land—the appropriate register under the Land Act 1994 .\ncompliant document , for an instrument or action, means a document stating the information about the instrument or action, and the land to which it applies, required by the registrar of titles for recording the information in the appropriate register for the land.\ns 134 amd 1994 No. 42 s 35 ; 2011 No. 26 s 189 sch; 2013 No. 55 s 149 ; 2013 No. 50 s 16\nsub 2019 No. 8 s 29\namd 2021 No. 12 s 148 sch 3\n(sec.134-ssec.1) Subsections (2) to (4) apply in relation to the following instruments— a conservation agreement, including an amended conservation agreement; a regulation or conservation plan identifying an area as, or including— a critical habitat; or an area of major interest; a regulation declaring a protected area.\n(sec.134-ssec.2) The chief executive must, within 14 days after the instrument is made, give the registrar of titles a compliant document for the instrument.\n(sec.134-ssec.3) The registrar of titles must record the information in the compliant document about the instrument, and the land to which it relates, in the appropriate register for the land in a way that a search of the register will show the existence of the instrument in relation to the land.\n(sec.134-ssec.4) The record must also state where the instrument may be inspected.\n(sec.134-ssec.5) Subsections (6) and (7) apply in relation to the following actions— the ending of a conservation agreement; the removal of an area as, or including, a critical habitat or an area of major interest from a regulation or conservation plan; the revocation of a protected area, in whole or part.\n(sec.134-ssec.6) The chief executive must, within 14 days after the action happens, give the registrar of titles a compliant document for the action.\n(sec.134-ssec.7) The registrar of titles must record the happening of the action in the appropriate register for the land.\n(sec.134-ssec.8) In this section— appropriate register means— for freehold land—the freehold land register; or for other land—the appropriate register under the Land Act 1994 . compliant document , for an instrument or action, means a document stating the information about the instrument or action, and the land to which it applies, required by the registrar of titles for recording the information in the appropriate register for the land.\n- (a) a conservation agreement, including an amended conservation agreement;\n- (b) a regulation or conservation plan identifying an area as, or including— (i) a critical habitat; or (ii) an area of major interest;\n- (i) a critical habitat; or\n- (ii) an area of major interest;\n- (c) a regulation declaring a protected area.\n- (i) a critical habitat; or\n- (ii) an area of major interest;\n- (a) the ending of a conservation agreement;\n- (b) the removal of an area as, or including, a critical habitat or an area of major interest from a regulation or conservation plan;\n- (c) the revocation of a protected area, in whole or part.\n- (a) for freehold land—the freehold land register; or\n- (b) for other land—the appropriate register under the Land Act 1994 .","sortOrder":309},{"sectionNumber":"sec.135","sectionType":"section","heading":"Chief executive may inquire into applications","content":"### sec.135 Chief executive may inquire into applications\n\nThe chief executive may, in relation to—\nan application for, or for the renewal of, a lease, agreement, licence, permit or other authority; or\nan application for the consent of the Minister to, or to the renewal of, a lease, agreement, licence, permit or other authority;\ninquire into—\nif the applicant is an individual—the fame, character and suitability of the applicant; or\nif the applicant is a corporation—the fame, character and suitability of each executive officer of the corporation.\nThe chief executive may obtain—\na report from the commissioner of the police service in respect of the criminal history of the applicant and, if the applicant is a corporation, in respect of each executive officer of the corporation; and\nif the applicant, or an executive officer of a corporation that is an applicant, holds or previously held in another State a relevant lease, licence, permit or other authority—a report from the appropriate authority in the State.\nA report under subsection (2) (a) must include reference to or disclosure of convictions mentioned in of the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\nIn this section—\napplicant , in relation to an expression of interest, means the person who has submitted to the chief executive the expression of interest.\napplication , for a lease, agreement, licence, permit or other authority, includes an expression of interest for the lease, agreement, licence, permit or other authority.\ns 135 amd 2003 No. 96 s 28 sch ; 2004 No. 48 s 179 ; 2005 No. 53 s 143\n(sec.135-ssec.1) The chief executive may, in relation to— an application for, or for the renewal of, a lease, agreement, licence, permit or other authority; or an application for the consent of the Minister to, or to the renewal of, a lease, agreement, licence, permit or other authority; inquire into— if the applicant is an individual—the fame, character and suitability of the applicant; or if the applicant is a corporation—the fame, character and suitability of each executive officer of the corporation.\n(sec.135-ssec.2) The chief executive may obtain— a report from the commissioner of the police service in respect of the criminal history of the applicant and, if the applicant is a corporation, in respect of each executive officer of the corporation; and if the applicant, or an executive officer of a corporation that is an applicant, holds or previously held in another State a relevant lease, licence, permit or other authority—a report from the appropriate authority in the State.\n(sec.135-ssec.3) A report under subsection (2) (a) must include reference to or disclosure of convictions mentioned in of the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 6 .\n(sec.135-ssec.4) In this section— applicant , in relation to an expression of interest, means the person who has submitted to the chief executive the expression of interest. application , for a lease, agreement, licence, permit or other authority, includes an expression of interest for the lease, agreement, licence, permit or other authority.\n- (a) an application for, or for the renewal of, a lease, agreement, licence, permit or other authority; or\n- (b) an application for the consent of the Minister to, or to the renewal of, a lease, agreement, licence, permit or other authority;\n- (c) if the applicant is an individual—the fame, character and suitability of the applicant; or\n- (d) if the applicant is a corporation—the fame, character and suitability of each executive officer of the corporation.\n- (a) a report from the commissioner of the police service in respect of the criminal history of the applicant and, if the applicant is a corporation, in respect of each executive officer of the corporation; and\n- (b) if the applicant, or an executive officer of a corporation that is an applicant, holds or previously held in another State a relevant lease, licence, permit or other authority—a report from the appropriate authority in the State.","sortOrder":310},{"sectionNumber":"sec.136","sectionType":"section","heading":"Confidentiality of information","content":"### sec.136 Confidentiality of information\n\nThe chief executive may declare information acquired in the administration of this Act to be confidential information if the chief executive is of the opinion that disclosure of the information may result in an unreasonable level of risk to the wellbeing of a cultural or natural resource or critical habitat.\nIf, while performing duties under, or in relation to, this Act, a person gets—\nconfidential information; or\ninformation obtained under section 129 or 135 ;\nthe person must not, whether directly or indirectly, disclose or make use of the information except to the extent necessary to perform the person’s duties under or in relation to this Act.\nMaximum penalty—165 penalty units.\nIn this section—\nthis Act includes the Acts repealed by this Act.\ns 136 amd 1994 No. 42 s 36 ; 2000 No. 44 s 39\n(sec.136-ssec.1) The chief executive may declare information acquired in the administration of this Act to be confidential information if the chief executive is of the opinion that disclosure of the information may result in an unreasonable level of risk to the wellbeing of a cultural or natural resource or critical habitat.\n(sec.136-ssec.2) If, while performing duties under, or in relation to, this Act, a person gets— confidential information; or information obtained under section 129 or 135 ; the person must not, whether directly or indirectly, disclose or make use of the information except to the extent necessary to perform the person’s duties under or in relation to this Act. Maximum penalty—165 penalty units.\n(sec.136-ssec.3) In this section— this Act includes the Acts repealed by this Act.\n- (a) confidential information; or\n- (b) information obtained under section 129 or 135 ;","sortOrder":311},{"sectionNumber":"sec.137","sectionType":"section","heading":"Licences to be consistent with management principles, and management intent, management plan or conservation agreement","content":"### sec.137 Licences to be consistent with management principles, and management intent, management plan or conservation agreement\n\nA licence, permit or other authority issued or given under a regulation or another Act to take, use, keep or interfere with a cultural or natural resource of a protected area must be consistent with—\nthe management principles for the area; and\nany of the following for the area—\nthe interim or declared management intent;\na management plan;\na conservation agreement.\nA licence, permit or other authority issued or given under a regulation to—\ntake, use or keep protected wildlife; or\nabandon, release, keep, use or introduce international or prohibited wildlife;\nmust be consistent with—\nthe management principles for the wildlife; and\nthe declared management intent, or conservation plan, applicable to the wildlife.\ns 137 amd 1994 No. 42 s 2 sch ; 2013 No. 55 s 78 ; 2019 No. 8 s 30\n(sec.137-ssec.1) A licence, permit or other authority issued or given under a regulation or another Act to take, use, keep or interfere with a cultural or natural resource of a protected area must be consistent with— the management principles for the area; and any of the following for the area— the interim or declared management intent; a management plan; a conservation agreement.\n(sec.137-ssec.2) A licence, permit or other authority issued or given under a regulation to— take, use or keep protected wildlife; or abandon, release, keep, use or introduce international or prohibited wildlife; must be consistent with— the management principles for the wildlife; and the declared management intent, or conservation plan, applicable to the wildlife.\n- (a) the management principles for the area; and\n- (b) any of the following for the area— (i) the interim or declared management intent; (ii) a management plan; (iii) a conservation agreement.\n- (i) the interim or declared management intent;\n- (ii) a management plan;\n- (iii) a conservation agreement.\n- (i) the interim or declared management intent;\n- (ii) a management plan;\n- (iii) a conservation agreement.\n- (a) take, use or keep protected wildlife; or\n- (b) abandon, release, keep, use or introduce international or prohibited wildlife;\n- (c) the management principles for the wildlife; and\n- (d) the declared management intent, or conservation plan, applicable to the wildlife.","sortOrder":312},{"sectionNumber":"sec.137A","sectionType":"section","heading":"Compensation if landholder’s interest in land injuriously affected","content":"### sec.137A Compensation if landholder’s interest in land injuriously affected\n\nThis section applies if—\na regulation is made, or a conservation plan is approved, for an area identified under the regulation or plan as, or including, a critical habitat or an area of major interest; and\na landholder’s interest in land in the area is injuriously affected by a restriction or prohibition imposed under the regulation or plan on the landholder’s existing use of the land.\nThe landholder is entitled to be paid by the State the reasonable compensation because of the restriction or prohibition that is agreed between the State and the landholder or, failing agreement, decided by the Land Court.\nThe landholder’s interest in the land is not injuriously affected if the restriction or prohibition under the regulation or conservation plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the restriction or prohibition started applying to the land.\nCompensation is not payable if compensation has already been paid for—\nthe restriction or prohibition; or\na restriction or prohibition to the same effect.\nA claim for compensation must—\nbe made in a form approved by the chief executive; and\nbe made to the chief executive within 6 months after the making of the regulation or approval of the conservation plan, or the longer period the chief executive or Land Court in special circumstances allows.\nIn making a determination, the Land Court must have regard to the following matters—\nthe capacity of the land to sustain the existing use;\nany change in the value of the land because of the making of the regulation or approval of the conservation plan;\nany change in the profitability of the land because of the making of the regulation or approval of the conservation plan;\nany conservation agreement with the landholder.\nSubsection (6) does not limit the matters to which the Land Court may have regard in making a determination.\nIn this section—\nexisting use of land includes a lawful use made of the land immediately before the restriction or prohibition imposed under the regulation or conservation plan mentioned in subsection (1) started applying to the land.\ns 137A (prev s 126) sub 1994 No. 42 s 32\namd 2013 No. 50 s 14 (1) – (7)\nrenum and reloc 2013 No. 50 s 14 (8)\n(sec.137A-ssec.1) This section applies if— a regulation is made, or a conservation plan is approved, for an area identified under the regulation or plan as, or including, a critical habitat or an area of major interest; and a landholder’s interest in land in the area is injuriously affected by a restriction or prohibition imposed under the regulation or plan on the landholder’s existing use of the land.\n(sec.137A-ssec.2) The landholder is entitled to be paid by the State the reasonable compensation because of the restriction or prohibition that is agreed between the State and the landholder or, failing agreement, decided by the Land Court.\n(sec.137A-ssec.3) The landholder’s interest in the land is not injuriously affected if the restriction or prohibition under the regulation or conservation plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the restriction or prohibition started applying to the land.\n(sec.137A-ssec.4) Compensation is not payable if compensation has already been paid for— the restriction or prohibition; or a restriction or prohibition to the same effect.\n(sec.137A-ssec.5) A claim for compensation must— be made in a form approved by the chief executive; and be made to the chief executive within 6 months after the making of the regulation or approval of the conservation plan, or the longer period the chief executive or Land Court in special circumstances allows.\n(sec.137A-ssec.6) In making a determination, the Land Court must have regard to the following matters— the capacity of the land to sustain the existing use; any change in the value of the land because of the making of the regulation or approval of the conservation plan; any change in the profitability of the land because of the making of the regulation or approval of the conservation plan; any conservation agreement with the landholder.\n(sec.137A-ssec.7) Subsection (6) does not limit the matters to which the Land Court may have regard in making a determination.\n(sec.137A-ssec.8) In this section— existing use of land includes a lawful use made of the land immediately before the restriction or prohibition imposed under the regulation or conservation plan mentioned in subsection (1) started applying to the land.\n- (a) a regulation is made, or a conservation plan is approved, for an area identified under the regulation or plan as, or including, a critical habitat or an area of major interest; and\n- (b) a landholder’s interest in land in the area is injuriously affected by a restriction or prohibition imposed under the regulation or plan on the landholder’s existing use of the land.\n- (a) the restriction or prohibition; or\n- (b) a restriction or prohibition to the same effect.\n- (a) be made in a form approved by the chief executive; and\n- (b) be made to the chief executive within 6 months after the making of the regulation or approval of the conservation plan, or the longer period the chief executive or Land Court in special circumstances allows.\n- (a) the capacity of the land to sustain the existing use;\n- (b) any change in the value of the land because of the making of the regulation or approval of the conservation plan;\n- (c) any change in the profitability of the land because of the making of the regulation or approval of the conservation plan;\n- (d) any conservation agreement with the landholder.","sortOrder":313},{"sectionNumber":"sec.138","sectionType":"section","heading":"Compensation not payable if authority not renewed etc.","content":"### sec.138 Compensation not payable if authority not renewed etc.\n\nIn this section—\nauthority means a licence, permit or other authority issued or given under a regulation or conservation plan.\nCompensation is not payable if, under a regulation or conservation plan—\nthe renewal of an authority is refused; or\nconditions are imposed on an authority, or anything previously permitted under an authority is prohibited or regulated; or\nan authority is amended, or anything previously permitted under an authority is prohibited or regulated; or\nan authority is suspended or cancelled.\nHowever, subsection (2) does not prevent a regulation or conservation plan providing for payment of compensation.\ns 138 ins 1994 No. 42 s 37\namd 2013 No. 50 s 17\n(sec.138-ssec.1) In this section— authority means a licence, permit or other authority issued or given under a regulation or conservation plan.\n(sec.138-ssec.2) Compensation is not payable if, under a regulation or conservation plan— the renewal of an authority is refused; or conditions are imposed on an authority, or anything previously permitted under an authority is prohibited or regulated; or an authority is amended, or anything previously permitted under an authority is prohibited or regulated; or an authority is suspended or cancelled.\n(sec.138-ssec.3) However, subsection (2) does not prevent a regulation or conservation plan providing for payment of compensation.\n- (a) the renewal of an authority is refused; or\n- (b) conditions are imposed on an authority, or anything previously permitted under an authority is prohibited or regulated; or\n- (c) an authority is amended, or anything previously permitted under an authority is prohibited or regulated; or\n- (d) an authority is suspended or cancelled.","sortOrder":314},{"sectionNumber":"sec.139","sectionType":"section","heading":"Annual report","content":"### sec.139 Annual report\n\nThe chief executive must, within 4 months after the end of each financial year, give to the Minister a report on the administration of this Act during the year.\nThe Minister must lay a copy of the report before the Legislative Assembly within 14 sitting days after its receipt by the Minister.\ns 139 amd 2002 No. 72 s 29\n(sec.139-ssec.1) The chief executive must, within 4 months after the end of each financial year, give to the Minister a report on the administration of this Act during the year.\n(sec.139-ssec.2) The Minister must lay a copy of the report before the Legislative Assembly within 14 sitting days after its receipt by the Minister.","sortOrder":315},{"sectionNumber":"sec.140","sectionType":"section","heading":"Delegation by Minister","content":"### sec.140 Delegation by Minister\n\nThe Minister may delegate to an officer of the public service powers under this Act (other than sections 102 and 107 ).","sortOrder":316},{"sectionNumber":"sec.141","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.141 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to a conservation officer or an officer of the public service.\nHowever, the chief executive may not delegate powers under a prescribed provision.\nIn this section—\nprescribed provision means section 34 , 35 , 35A , 36 , 37 , 38 , 39G , 42AD , 42AE , 42AEA , 42AN , 42AO , 42AOA , 42AP , 42A , 43F , 43G , 43H or 136 .\ns 141 sub 1994 No. 42 s 38\namd 2000 No. 44 s 39 ; 2007 No. 48 s 54 ; 2013 No. 18 s 16 ; 2013 No. 55 ss 79 , 150 ; 2019 No. 8 s 31\n(sec.141-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to a conservation officer or an officer of the public service.\n(sec.141-ssec.2) However, the chief executive may not delegate powers under a prescribed provision.\n(sec.141-ssec.3) In this section— prescribed provision means section 34 , 35 , 35A , 36 , 37 , 38 , 39G , 42AD , 42AE , 42AEA , 42AN , 42AO , 42AOA , 42AP , 42A , 43F , 43G , 43H or 136 .","sortOrder":317},{"sectionNumber":"sec.142","sectionType":"section","heading":"Protection from liability","content":"### sec.142 Protection from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nAlso, the State or an official is not civilly liable in a proceeding for an act done, or omission made, in—\nthe performance or purported performance of a function under this Act in relation to a State protected area; or\nthe exercise or purported exercise of a power under this Act in relation to a State protected area; or\nthe management or operation of a State protected area.\nHowever, subsection (3) does not apply to any liability of the State or an official arising from the State’s or official’s—\nconstruction, installation or maintenance of a State fixture, or State road, that is defective other than because of a natural event; or\nfailure to give adequate notice of a State fixture, or State road, that is defective other than because of a natural event; or\ncarrying out of a State management activity.\na storm, flood, period of heavy rain\nAlso, subsection (3) does not apply in relation to—\nany liability of the State or an official for an MAIA injury incurred by the State or official as an insured person; or\nany liability of the State or an official for an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 incurred by the State or official in the State’s or official’s capacity as an employer.\nFor subsection (5) (b) , the following is immaterial—\nwhether compensation for the injury is actually claimed under the Workers’ Compensation and Rehabilitation Act 2003 ;\nwhether the entitlement to seek damages for the injury is regulated under that Act.\nIn this section—\ncompensation see the Workers’ Compensation and Rehabilitation Act 2003 , section 9 .\ndamages includes any form of monetary compensation.\ndefective includes damaged or destroyed.\ninsured person see the Motor Accident Insurance Act 1994 , section 4 .\nMAIA injury means a personal injury to which the Motor Accident Insurance Act 1994 applies.\nofficial means each of the following—\nthe Minister;\nthe chief executive;\nfor a State protected area for which an Indigenous management agreement has been entered into—the Indigenous landholder with whom the Indigenous management agreement has been entered into for the land;\na conservation officer;\na public service employee or another employee of the State authorised to carry out functions under this Act;\na person acting under a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) , (d) or (e) .\npersonal injury see the Civil Liability Act 2003 , schedule 2 .\nproceeding means a proceeding for damages based on a liability for personal injury, damage to property or economic loss resulting from personal injury or damage to property, and, for a fatal injury, includes a proceeding for the deceased’s dependants or estate.\nState fixture means a building, structure or other thing constructed or installed by the State including, for example, the following—\na boardwalk, jetty, lookout or mooring;\na stairway;\na fence or other barrier;\na thing used for a recreational purpose.\na flying fox ride or zipline ride\na rope or swing over a river or waterhole\na ramp or jump on a mountain bike trail\nan anchor point for rock climbing\nState management activity means—\nprogrammed shooting or poisoning of animals; or\nprogrammed burning or poisoning of vegetation.\nState protected area means—\na national park (scientific); or\na national park; or\na national park (Aboriginal land); or\na national park (Torres Strait Islander land); or\na national park (Cape York Peninsula Aboriginal land); or\na conservation park; or\na resources reserve.\nState road means—\na State-controlled road within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or\nanother road, within the meaning of the Transport Operations (Road Use Management) Act 1995 , constructed by the State.\ns 142 amd 1994 No. 42 s 2 sch\nsub 2013 No. 55 s 80\namd 2013 No. 55 s 151 ; 2016 No. 22 s 28 ; 2024 No. 17 s 192 sch 1 pt 3\n(sec.142-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.142-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.142-ssec.3) Also, the State or an official is not civilly liable in a proceeding for an act done, or omission made, in— the performance or purported performance of a function under this Act in relation to a State protected area; or the exercise or purported exercise of a power under this Act in relation to a State protected area; or the management or operation of a State protected area.\n(sec.142-ssec.4) However, subsection (3) does not apply to any liability of the State or an official arising from the State’s or official’s— construction, installation or maintenance of a State fixture, or State road, that is defective other than because of a natural event; or failure to give adequate notice of a State fixture, or State road, that is defective other than because of a natural event; or carrying out of a State management activity. a storm, flood, period of heavy rain\n(sec.142-ssec.5) Also, subsection (3) does not apply in relation to— any liability of the State or an official for an MAIA injury incurred by the State or official as an insured person; or any liability of the State or an official for an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 incurred by the State or official in the State’s or official’s capacity as an employer.\n(sec.142-ssec.6) For subsection (5) (b) , the following is immaterial— whether compensation for the injury is actually claimed under the Workers’ Compensation and Rehabilitation Act 2003 ; whether the entitlement to seek damages for the injury is regulated under that Act.\n(sec.142-ssec.7) In this section— compensation see the Workers’ Compensation and Rehabilitation Act 2003 , section 9 . damages includes any form of monetary compensation. defective includes damaged or destroyed. insured person see the Motor Accident Insurance Act 1994 , section 4 . MAIA injury means a personal injury to which the Motor Accident Insurance Act 1994 applies. official means each of the following— the Minister; the chief executive; for a State protected area for which an Indigenous management agreement has been entered into—the Indigenous landholder with whom the Indigenous management agreement has been entered into for the land; a conservation officer; a public service employee or another employee of the State authorised to carry out functions under this Act; a person acting under a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) , (d) or (e) . personal injury see the Civil Liability Act 2003 , schedule 2 . proceeding means a proceeding for damages based on a liability for personal injury, damage to property or economic loss resulting from personal injury or damage to property, and, for a fatal injury, includes a proceeding for the deceased’s dependants or estate. State fixture means a building, structure or other thing constructed or installed by the State including, for example, the following— a boardwalk, jetty, lookout or mooring; a stairway; a fence or other barrier; a thing used for a recreational purpose. a flying fox ride or zipline ride a rope or swing over a river or waterhole a ramp or jump on a mountain bike trail an anchor point for rock climbing State management activity means— programmed shooting or poisoning of animals; or programmed burning or poisoning of vegetation. State protected area means— a national park (scientific); or a national park; or a national park (Aboriginal land); or a national park (Torres Strait Islander land); or a national park (Cape York Peninsula Aboriginal land); or a conservation park; or a resources reserve. State road means— a State-controlled road within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or another road, within the meaning of the Transport Operations (Road Use Management) Act 1995 , constructed by the State.\n- (a) the performance or purported performance of a function under this Act in relation to a State protected area; or\n- (b) the exercise or purported exercise of a power under this Act in relation to a State protected area; or\n- (c) the management or operation of a State protected area.\n- (a) construction, installation or maintenance of a State fixture, or State road, that is defective other than because of a natural event; or\n- (b) failure to give adequate notice of a State fixture, or State road, that is defective other than because of a natural event; or\n- (c) carrying out of a State management activity.\n- (a) any liability of the State or an official for an MAIA injury incurred by the State or official as an insured person; or\n- (b) any liability of the State or an official for an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 incurred by the State or official in the State’s or official’s capacity as an employer.\n- (a) whether compensation for the injury is actually claimed under the Workers’ Compensation and Rehabilitation Act 2003 ;\n- (b) whether the entitlement to seek damages for the injury is regulated under that Act.\n- (a) the Minister;\n- (b) the chief executive;\n- (c) for a State protected area for which an Indigenous management agreement has been entered into—the Indigenous landholder with whom the Indigenous management agreement has been entered into for the land;\n- (d) a conservation officer;\n- (e) a public service employee or another employee of the State authorised to carry out functions under this Act;\n- (f) a person acting under a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) , (d) or (e) .\n- (a) a boardwalk, jetty, lookout or mooring;\n- (b) a stairway;\n- (c) a fence or other barrier;\n- (d) a thing used for a recreational purpose. Examples for paragraph (d) — • a flying fox ride or zipline ride • a rope or swing over a river or waterhole • a ramp or jump on a mountain bike trail • an anchor point for rock climbing\n- • a flying fox ride or zipline ride\n- • a rope or swing over a river or waterhole\n- • a ramp or jump on a mountain bike trail\n- • an anchor point for rock climbing\n- • a flying fox ride or zipline ride\n- • a rope or swing over a river or waterhole\n- • a ramp or jump on a mountain bike trail\n- • an anchor point for rock climbing\n- (a) programmed shooting or poisoning of animals; or\n- (b) programmed burning or poisoning of vegetation.\n- (a) a national park (scientific); or\n- (b) a national park; or\n- (c) a national park (Aboriginal land); or\n- (d) a national park (Torres Strait Islander land); or\n- (e) a national park (Cape York Peninsula Aboriginal land); or\n- (f) a conservation park; or\n- (g) a resources reserve.\n- (a) a State-controlled road within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or\n- (b) another road, within the meaning of the Transport Operations (Road Use Management) Act 1995 , constructed by the State.","sortOrder":318},{"sectionNumber":"sec.143","sectionType":"section","heading":"Immunity from prosecution","content":"### sec.143 Immunity from prosecution\n\nA conservation officer is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done—\nunder the direction of the Minister or chief executive; or\nin the exercise of a power or performance of a function conferred or imposed on the officer under this Act.\nA person acting under the direction of the Minister, chief executive or a conservation officer is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done under the direction.\ns 143 ins 1994 No. 42 s 39\n(sec.143-ssec.1) A conservation officer is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done— under the direction of the Minister or chief executive; or in the exercise of a power or performance of a function conferred or imposed on the officer under this Act.\n(sec.143-ssec.2) A person acting under the direction of the Minister, chief executive or a conservation officer is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done under the direction.\n- (a) under the direction of the Minister or chief executive; or\n- (b) in the exercise of a power or performance of a function conferred or imposed on the officer under this Act.","sortOrder":319},{"sectionNumber":"sec.143A","sectionType":"section","heading":"False or misleading documents","content":"### sec.143A False or misleading documents\n\nA person must not give an authorised person a document containing information that the person knows is false, misleading or incomplete in a material particular without—\nindicating to the authorised person that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and\ngiving the correct information to the authorised person if the person has, or can reasonably obtain, the correct information.\nMaximum penalty—100 penalty units.\nSubsection (1) applies in relation to a document given to an authorised person by any means, including by using an electronic system.\nSee also section 157 in relation to making a false or misleading statement to a conservation officer.\ns 143A (prev s 158) amd 2013 No. 55 s 81 (1) – (2)\nreloc and renum 2013 No. 55 s 81 (3)\namd 2025 No. 19 s 15\n(sec.143A-ssec.1) A person must not give an authorised person a document containing information that the person knows is false, misleading or incomplete in a material particular without— indicating to the authorised person that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and giving the correct information to the authorised person if the person has, or can reasonably obtain, the correct information. Maximum penalty—100 penalty units.\n(sec.143A-ssec.2) Subsection (1) applies in relation to a document given to an authorised person by any means, including by using an electronic system. See also section 157 in relation to making a false or misleading statement to a conservation officer.\n- (a) indicating to the authorised person that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and\n- (b) giving the correct information to the authorised person if the person has, or can reasonably obtain, the correct information.","sortOrder":320},{"sectionNumber":"sec.143B","sectionType":"section","heading":"Authorisation for automatic dealing with particular authorities","content":"### sec.143B Authorisation for automatic dealing with particular authorities\n\nA regulation may prescribe any of the following matters—\na type of relevant authority that may be automatically issued, given or granted to a person by the operation of an electronic system;\na type of relevant authority that may be automatically amended, cancelled or renewed by the operation of an electronic system;\nthe way in which a relevant authority mentioned in paragraph (a) or (b) may be automatically issued, given, granted, amended, cancelled or renewed by the operation of an electronic system.\nThe Minister may recommend to the Governor in Council the making of a regulation prescribing a matter under subsection (1) only if the Minister is satisfied prescribing the matter would not have a detrimental effect on achieving the object of this Act.\nIn this section—\nprescribed provision see section 141 (3) .\nrelevant authority —\nmeans a licence, permit or other authority under the Act ; but\ndoes not include a licence, permit or other authority mentioned in a prescribed provision for which the chief executive may not, under section 141 (2) , delegate the chief executive’s powers.\ns 143B ins 2019 No. 28 s 35\nsub 2025 No. 19 s 16\n(sec.143B-ssec.1) A regulation may prescribe any of the following matters— a type of relevant authority that may be automatically issued, given or granted to a person by the operation of an electronic system; a type of relevant authority that may be automatically amended, cancelled or renewed by the operation of an electronic system; the way in which a relevant authority mentioned in paragraph (a) or (b) may be automatically issued, given, granted, amended, cancelled or renewed by the operation of an electronic system.\n(sec.143B-ssec.2) The Minister may recommend to the Governor in Council the making of a regulation prescribing a matter under subsection (1) only if the Minister is satisfied prescribing the matter would not have a detrimental effect on achieving the object of this Act.\n(sec.143B-ssec.3) In this section— prescribed provision see section 141 (3) . relevant authority — means a licence, permit or other authority under the Act ; but does not include a licence, permit or other authority mentioned in a prescribed provision for which the chief executive may not, under section 141 (2) , delegate the chief executive’s powers.\n- (a) a type of relevant authority that may be automatically issued, given or granted to a person by the operation of an electronic system;\n- (b) a type of relevant authority that may be automatically amended, cancelled or renewed by the operation of an electronic system;\n- (c) the way in which a relevant authority mentioned in paragraph (a) or (b) may be automatically issued, given, granted, amended, cancelled or renewed by the operation of an electronic system.\n- (a) means a licence, permit or other authority under the Act ; but\n- (b) does not include a licence, permit or other authority mentioned in a prescribed provision for which the chief executive may not, under section 141 (2) , delegate the chief executive’s powers.","sortOrder":321},{"sectionNumber":"sec.143BA","sectionType":"section","heading":"Electronic system for automatic dealing with particular authorities","content":"### sec.143BA Electronic system for automatic dealing with particular authorities\n\nAn electronic system must not be used to deal with a relevant authority under a regulation made under section 143B (1) unless the chief executive approves the use of the system for that purpose.\nThe chief executive must take all reasonable steps to ensure the approved electronic system operates, and continues to operate, in compliance with the requirements of this Act.\nA relevant authority that is automatically dealt with by the operation of the approved electronic system is taken to have been dealt with by a decision of the chief executive.\nSubsection (1) does not prevent the approved electronic system being used for another purpose relating to the administration of this Act.\nIn this section—\ndeal with , a relevant authority, means issue, give, grant, amend, cancel or renew the authority.\nrelevant authority see section 143B (3) .\ns 143BA ins 2025 No. 19 s 16\n(sec.143BA-ssec.1) An electronic system must not be used to deal with a relevant authority under a regulation made under section 143B (1) unless the chief executive approves the use of the system for that purpose.\n(sec.143BA-ssec.2) The chief executive must take all reasonable steps to ensure the approved electronic system operates, and continues to operate, in compliance with the requirements of this Act.\n(sec.143BA-ssec.3) A relevant authority that is automatically dealt with by the operation of the approved electronic system is taken to have been dealt with by a decision of the chief executive.\n(sec.143BA-ssec.4) Subsection (1) does not prevent the approved electronic system being used for another purpose relating to the administration of this Act.\n(sec.143BA-ssec.5) In this section— deal with , a relevant authority, means issue, give, grant, amend, cancel or renew the authority. relevant authority see section 143B (3) .","sortOrder":322},{"sectionNumber":"pt.8A","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":323},{"sectionNumber":"pt.8A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":324},{"sectionNumber":"sec.143C","sectionType":"section","heading":"Definitions for part","content":"### sec.143C Definitions for part\n\nIn this part—\naffected person , in relation to a decision, means—\nif the decision is an original decision—\na person who is given, or is entitled to be given, an information notice for the decision; or\na person whose interests are otherwise affected by the decision; or\nif the decision is an internal review decision—the person who applied for the internal review.\ninternal review , of an original decision, see section 143E (1) .\ninternal review decision means a decision made, or taken to have been made, under section 143G on an application for internal review of an original decision.\noriginal decision means a decision for which an information notice must be given under this Act.\nQCAT information notice , for an internal review decision, means a notice complying with the QCAT Act , section 157 (2) .\ns 143C ins 2022 No. 21 s 12\n- (a) if the decision is an original decision— (i) a person who is given, or is entitled to be given, an information notice for the decision; or (ii) a person whose interests are otherwise affected by the decision; or\n- (i) a person who is given, or is entitled to be given, an information notice for the decision; or\n- (ii) a person whose interests are otherwise affected by the decision; or\n- (b) if the decision is an internal review decision—the person who applied for the internal review.\n- (i) a person who is given, or is entitled to be given, an information notice for the decision; or\n- (ii) a person whose interests are otherwise affected by the decision; or","sortOrder":325},{"sectionNumber":"pt.8A-div.2","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":326},{"sectionNumber":"sec.143D","sectionType":"section","heading":"Review process must start with internal review","content":"### sec.143D Review process must start with internal review\n\nAn affected person for an original decision may apply to QCAT for a review of the decision only if a decision on an application for internal review of the decision has been made, or taken to have been made, under this division.\ns 143D ins 2022 No. 21 s 12","sortOrder":327},{"sectionNumber":"sec.143E","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.143E Who may apply for internal review\n\nAn affected person for an original decision may apply to the chief executive for a review of the decision under this division (an internal review ).\nIf the affected person has not been given an information notice for the original decision, the affected person may ask the chief executive for an information notice for the decision.\nA failure by the chief executive to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.\ns 143E ins 2022 No. 21 s 12\n(sec.143E-ssec.1) An affected person for an original decision may apply to the chief executive for a review of the decision under this division (an internal review ).\n(sec.143E-ssec.2) If the affected person has not been given an information notice for the original decision, the affected person may ask the chief executive for an information notice for the decision.\n(sec.143E-ssec.3) A failure by the chief executive to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.","sortOrder":328},{"sectionNumber":"sec.143F","sectionType":"section","heading":"Requirements for application","content":"### sec.143F Requirements for application\n\nAn application for internal review of an original decision must—\nbe in the approved form; and\nfor a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and\nbe made to the chief executive within—\nfor a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\nfor a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\nThe chief executive may, at any time, extend the period within which the application may be made.\nThe making of the application does not affect the operation of the original decision or prevent the decision being implemented.\nHowever, subsection (3) does not apply to the extent the operation of the original decision is stayed under section 143H .\ns 143F ins 2022 No. 21 s 12\n(sec.143F-ssec.1) An application for internal review of an original decision must— be in the approved form; and for a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and be made to the chief executive within— for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n(sec.143F-ssec.2) The chief executive may, at any time, extend the period within which the application may be made.\n(sec.143F-ssec.3) The making of the application does not affect the operation of the original decision or prevent the decision being implemented.\n(sec.143F-ssec.4) However, subsection (3) does not apply to the extent the operation of the original decision is stayed under section 143H .\n- (a) be in the approved form; and\n- (b) for a person who has been given an information notice for the decision—include enough information to enable the chief executive to decide the application; and\n- (c) be made to the chief executive within— (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.\n- (i) for a person who has been given an information notice for the decision—28 days after the day the person is given the notice; or\n- (ii) for a person who has not been given an information notice for the decision—28 days after the day the person becomes aware of the decision.","sortOrder":329},{"sectionNumber":"sec.143G","sectionType":"section","heading":"Internal review","content":"### sec.143G Internal review\n\nThe chief executive must, within 28 days after receiving an application for internal review of an original decision—\nreview the original decision; and\ndecide to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive the affected person for the original decision a QCAT information notice for the decision under paragraph (b) .\nThe chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection.\nThe application may be dealt with only by—\nfor an original decision about a relevant authority taken to be dealt with by a decision of the chief executive under section 143BA (3) —an authorised person; or\nfor another original decision—a person who—\ndid not make the original decision; and\nholds a more senior office than the person who made the original decision.\nSubsection (3) (b) does not apply to an original decision made by the chief executive personally.\nIf the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the chief executive is taken to confirm the original decision.\ns 143G ins 2022 No. 21 s 12\namd 2025 No. 19 s 17\n(sec.143G-ssec.1) The chief executive must, within 28 days after receiving an application for internal review of an original decision— review the original decision; and decide to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the affected person for the original decision a QCAT information notice for the decision under paragraph (b) .\n(sec.143G-ssec.2) The chief executive and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for the chief executive to comply with the subsection.\n(sec.143G-ssec.3) The application may be dealt with only by— for an original decision about a relevant authority taken to be dealt with by a decision of the chief executive under section 143BA (3) —an authorised person; or for another original decision—a person who— did not make the original decision; and holds a more senior office than the person who made the original decision.\n(sec.143G-ssec.4) Subsection (3) (b) does not apply to an original decision made by the chief executive personally.\n(sec.143G-ssec.5) If the chief executive does not give the affected person a QCAT information notice within the period required under subsection (1) or a longer period agreed under subsection (2) , the chief executive is taken to confirm the original decision.\n- (a) review the original decision; and\n- (b) decide to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give the affected person for the original decision a QCAT information notice for the decision under paragraph (b) .\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (a) for an original decision about a relevant authority taken to be dealt with by a decision of the chief executive under section 143BA (3) —an authorised person; or\n- (b) for another original decision—a person who— (i) did not make the original decision; and (ii) holds a more senior office than the person who made the original decision.\n- (i) did not make the original decision; and\n- (ii) holds a more senior office than the person who made the original decision.\n- (i) did not make the original decision; and\n- (ii) holds a more senior office than the person who made the original decision.","sortOrder":330},{"sectionNumber":"pt.8A-div.3","sectionType":"division","heading":"Staying operation of original decision","content":"## Staying operation of original decision","sortOrder":331},{"sectionNumber":"sec.143H","sectionType":"section","heading":"QCAT may stay operation of original decision","content":"### sec.143H QCAT may stay operation of original decision\n\nThis section applies in relation to an original decision, other than a discontinuation decision.\nAn affected person for the original decision may apply to QCAT, in the way provided under the QCAT Act , for a stay of the operation of the decision.\nThe application may be made at any time within the period within which an application for an internal review of the original decision may be made under division 2 .\nQCAT may make an order staying the operation of the original decision only if QCAT considers the order is desirable after having regard to the following—\nthe interests of any person whose interests may be affected by the making of the order or the order not being made;\nany submission made to QCAT by the entity that made the original decision;\nthe public interest.\nSubsection (4) (a) does not require QCAT to give a person whose interests may be affected by the making of the order, or the order not being made, an opportunity to make submissions for QCAT’s consideration if QCAT is satisfied it is not practicable because of the urgency of the case or for another reason.\nA stay by QCAT under this section—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be amended or revoked by QCAT.\nThe period of a stay by QCAT under this section must not extend past—\nthe end of the period within which an application for an internal review of the original decision may be made under division 2 ; or\nif an application for an internal review of the original decision is made under division 2 within the period allowed under that division—the end of the period within which an application for a review of the internal review decision may be made under the QCAT Act .\nThe QCAT Act , section 22 (3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.\nIn this section—\ndiscontinuation decision means a decision to suspend or cancel a licence, permit or other authority that authorises—\ntaking or interfering with a cultural or natural resource of a protected area; or\ntaking protected wildlife.\ns 143H ins 2022 No. 21 s 12\n(sec.143H-ssec.1) This section applies in relation to an original decision, other than a discontinuation decision.\n(sec.143H-ssec.2) An affected person for the original decision may apply to QCAT, in the way provided under the QCAT Act , for a stay of the operation of the decision.\n(sec.143H-ssec.3) The application may be made at any time within the period within which an application for an internal review of the original decision may be made under division 2 .\n(sec.143H-ssec.4) QCAT may make an order staying the operation of the original decision only if QCAT considers the order is desirable after having regard to the following— the interests of any person whose interests may be affected by the making of the order or the order not being made; any submission made to QCAT by the entity that made the original decision; the public interest.\n(sec.143H-ssec.5) Subsection (4) (a) does not require QCAT to give a person whose interests may be affected by the making of the order, or the order not being made, an opportunity to make submissions for QCAT’s consideration if QCAT is satisfied it is not practicable because of the urgency of the case or for another reason.\n(sec.143H-ssec.6) A stay by QCAT under this section— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be amended or revoked by QCAT.\n(sec.143H-ssec.7) The period of a stay by QCAT under this section must not extend past— the end of the period within which an application for an internal review of the original decision may be made under division 2 ; or if an application for an internal review of the original decision is made under division 2 within the period allowed under that division—the end of the period within which an application for a review of the internal review decision may be made under the QCAT Act . The QCAT Act , section 22 (3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.\n(sec.143H-ssec.8) In this section— discontinuation decision means a decision to suspend or cancel a licence, permit or other authority that authorises— taking or interfering with a cultural or natural resource of a protected area; or taking protected wildlife.\n- (a) the interests of any person whose interests may be affected by the making of the order or the order not being made;\n- (b) any submission made to QCAT by the entity that made the original decision;\n- (c) the public interest.\n- (a) may be given on conditions QCAT considers appropriate; and\n- (b) operates for the period fixed by QCAT; and\n- (c) may be amended or revoked by QCAT.\n- (a) the end of the period within which an application for an internal review of the original decision may be made under division 2 ; or\n- (b) if an application for an internal review of the original decision is made under division 2 within the period allowed under that division—the end of the period within which an application for a review of the internal review decision may be made under the QCAT Act . Note— The QCAT Act , section 22 (3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.\n- (a) taking or interfering with a cultural or natural resource of a protected area; or\n- (b) taking protected wildlife.","sortOrder":332},{"sectionNumber":"pt.8A-div.4","sectionType":"division","heading":"External review","content":"## External review","sortOrder":333},{"sectionNumber":"sec.143I","sectionType":"section","heading":"Applying for external review","content":"### sec.143I Applying for external review\n\nThis section applies to a person who is given, or is entitled to be given, a QCAT information notice for an internal review decision.\nThe person may apply to QCAT, as provided under the QCAT Act , for a review of the internal review decision.\nThe QCAT Act , section 22 (3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.\nHowever, QCAT may not stay the operation of an internal review decision that is a discontinuation decision.\nIn this section—\ndiscontinuation decision see section 143H (8) .\ns 143I ins 2022 No. 21 s 12\n(sec.143I-ssec.1) This section applies to a person who is given, or is entitled to be given, a QCAT information notice for an internal review decision.\n(sec.143I-ssec.2) The person may apply to QCAT, as provided under the QCAT Act , for a review of the internal review decision. The QCAT Act , section 22 (3) enables QCAT to stay the operation of the internal review decision, either on application by a person or on its own initiative.\n(sec.143I-ssec.3) However, QCAT may not stay the operation of an internal review decision that is a discontinuation decision.\n(sec.143I-ssec.4) In this section— discontinuation decision see section 143H (8) .","sortOrder":334},{"sectionNumber":"pt.9","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":335},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":336},{"sectionNumber":"sec.144","sectionType":"section","heading":"Power to stop and search vehicles etc.","content":"### sec.144 Power to stop and search vehicles etc.\n\nThis section applies if a conservation officer suspects on reasonable grounds that—\na vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or\na vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act.\nThe conservation officer may, with such assistance and by such force as is necessary and reasonable—\nenter or board the vehicle, boat or aircraft; and\nexercise the powers set out in section 147 .\nIf—\nthe vehicle or boat is moving or about to move; or\nthe aircraft is moving, or about to move, on the ground;\nthe conservation officer may signal the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft, to stop or not to move the vehicle, boat or aircraft.\nA person must not, without reasonable excuse, disobey a signal under subsection (3) .\nMaximum penalty—165 penalty units or 1 year’s imprisonment.\nIt is a reasonable excuse for the person to fail to stop or to move the vehicle, boat or aircraft if—\nto immediately obey the signal would have endangered the person or another person; and\nthe person obeys the signal as soon as it is practicable to obey the signal.\nThe conservation officer may require the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft—\nto provide such reasonable assistance as the officer requires to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or\nto bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle, boat or aircraft.\nA person must not, without reasonable excuse, contravene a requirement under subsection (6) .\nMaximum penalty—165 penalty units or 1 year’s imprisonment.\nIf, while searching the vehicle, boat or aircraft, the conservation officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 146 (2) (a) to (c) apply to the thing.\nIf, after searching the vehicle, boat or aircraft, the conservation officer believes on reasonable grounds that the vehicle, boat or aircraft will afford evidence of the commission of an offence against this Act, section 146 (2) (a) and (b) apply to the vehicle, boat or aircraft.\ns 144 amd 1994 No. 42 s 40\n(sec.144-ssec.1) This section applies if a conservation officer suspects on reasonable grounds that— a vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act.\n(sec.144-ssec.2) The conservation officer may, with such assistance and by such force as is necessary and reasonable— enter or board the vehicle, boat or aircraft; and exercise the powers set out in section 147 .\n(sec.144-ssec.3) If— the vehicle or boat is moving or about to move; or the aircraft is moving, or about to move, on the ground; the conservation officer may signal the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft, to stop or not to move the vehicle, boat or aircraft.\n(sec.144-ssec.4) A person must not, without reasonable excuse, disobey a signal under subsection (3) . Maximum penalty—165 penalty units or 1 year’s imprisonment.\n(sec.144-ssec.5) It is a reasonable excuse for the person to fail to stop or to move the vehicle, boat or aircraft if— to immediately obey the signal would have endangered the person or another person; and the person obeys the signal as soon as it is practicable to obey the signal.\n(sec.144-ssec.6) The conservation officer may require the driver or the person in command or control, or who appears to be in command or control, of the vehicle, boat or aircraft— to provide such reasonable assistance as the officer requires to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or to bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle, boat or aircraft.\n(sec.144-ssec.7) A person must not, without reasonable excuse, contravene a requirement under subsection (6) . Maximum penalty—165 penalty units or 1 year’s imprisonment.\n(sec.144-ssec.8) If, while searching the vehicle, boat or aircraft, the conservation officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 146 (2) (a) to (c) apply to the thing.\n(sec.144-ssec.9) If, after searching the vehicle, boat or aircraft, the conservation officer believes on reasonable grounds that the vehicle, boat or aircraft will afford evidence of the commission of an offence against this Act, section 146 (2) (a) and (b) apply to the vehicle, boat or aircraft.\n- (a) a vehicle, boat or aircraft is being, or has been, used in the commission of an offence against this Act; or\n- (b) a vehicle, boat or aircraft, or anything on or in, a vehicle, boat or aircraft may afford evidence of the commission of an offence against this Act.\n- (a) enter or board the vehicle, boat or aircraft; and\n- (b) exercise the powers set out in section 147 .\n- (a) the vehicle or boat is moving or about to move; or\n- (b) the aircraft is moving, or about to move, on the ground;\n- (a) to immediately obey the signal would have endangered the person or another person; and\n- (b) the person obeys the signal as soon as it is practicable to obey the signal.\n- (a) to provide such reasonable assistance as the officer requires to enable the vehicle, boat or aircraft to be entered or boarded under subsection (2) ; or\n- (b) to bring the vehicle, boat or aircraft to a specified place and remain in control of the vehicle, boat or aircraft at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle, boat or aircraft.","sortOrder":337},{"sectionNumber":"sec.145","sectionType":"section","heading":"Entry and search—monitoring compliance","content":"### sec.145 Entry and search—monitoring compliance\n\nSubject to subsection (2) , a conservation officer may, for the purpose of finding out whether this Act is being complied with—\nenter any place at any reasonable time of the day or night; and\nexercise the powers set out in section 147 .\nThe conservation officer must not enter a place, or exercise a power under subsection (1) , unless—\nthe occupier of the place consents to the entry or exercise of the power; or\na warrant under section 148 authorises the entry or exercise of the power; or\nthe place is a place to which the public are admitted (whether or not for consideration) and the entry is made when members of the public attend or the premises are open for admission by the public; or\nthe place is premises, or the part of premises, that—\nare licensed under a regulation and the entry is made when the premises are open for conduct of business or otherwise open for entry; and\nare not used exclusively for residential purposes.\nIn this section—\nplace does not include a vehicle, boat or aircraft.\n(sec.145-ssec.1) Subject to subsection (2) , a conservation officer may, for the purpose of finding out whether this Act is being complied with— enter any place at any reasonable time of the day or night; and exercise the powers set out in section 147 .\n(sec.145-ssec.2) The conservation officer must not enter a place, or exercise a power under subsection (1) , unless— the occupier of the place consents to the entry or exercise of the power; or a warrant under section 148 authorises the entry or exercise of the power; or the place is a place to which the public are admitted (whether or not for consideration) and the entry is made when members of the public attend or the premises are open for admission by the public; or the place is premises, or the part of premises, that— are licensed under a regulation and the entry is made when the premises are open for conduct of business or otherwise open for entry; and are not used exclusively for residential purposes.\n(sec.145-ssec.3) In this section— place does not include a vehicle, boat or aircraft.\n- (a) enter any place at any reasonable time of the day or night; and\n- (b) exercise the powers set out in section 147 .\n- (a) the occupier of the place consents to the entry or exercise of the power; or\n- (b) a warrant under section 148 authorises the entry or exercise of the power; or\n- (c) the place is a place to which the public are admitted (whether or not for consideration) and the entry is made when members of the public attend or the premises are open for admission by the public; or\n- (d) the place is premises, or the part of premises, that— (i) are licensed under a regulation and the entry is made when the premises are open for conduct of business or otherwise open for entry; and (ii) are not used exclusively for residential purposes.\n- (i) are licensed under a regulation and the entry is made when the premises are open for conduct of business or otherwise open for entry; and\n- (ii) are not used exclusively for residential purposes.\n- (i) are licensed under a regulation and the entry is made when the premises are open for conduct of business or otherwise open for entry; and\n- (ii) are not used exclusively for residential purposes.","sortOrder":338},{"sectionNumber":"sec.146","sectionType":"section","heading":"Entry and search—evidence of offences","content":"### sec.146 Entry and search—evidence of offences\n\nSubject to subsection (3) , if a conservation officer has reasonable grounds for suspecting that there is in a place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act, the officer may—\nenter the place; and\nexercise the powers set out in section 147 .\nIf the conservation officer enters the place and finds the evidence, the following provisions have effect—\nthe officer may seize the evidence;\nthe officer may keep the evidence for 6 months or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceeding for the offence and any appeal in relation to the proceeding;\nif the evidence is a document—while the officer has possession of the document, the officer may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.\nA conservation officer must not enter the place or exercise a power under subsection (1) unless—\nthe occupier of the place consents to the entry or exercise of the power; or\na warrant under section 149 that was issued in relation to the evidence authorises the entry or exercise of the power.\nIf, while searching the place under subsection (1) under a warrant under section 149 —\na conservation officer finds a thing that the officer believes, on reasonable grounds, to be—\na thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or\na thing that will afford evidence of the commission of another offence against this Act; and\nthe officer believes, on reasonable grounds, that it is necessary to seize the thing to prevent—\nits concealment, loss or destruction; or\nits use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be;\nsubsection (2) applies to the thing as if it were the evidence.\nIn this section—\nplace does not include a vehicle, boat or aircraft.\ns 146 amd 1994 No. 42 s 2 sch\n(sec.146-ssec.1) Subject to subsection (3) , if a conservation officer has reasonable grounds for suspecting that there is in a place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act, the officer may— enter the place; and exercise the powers set out in section 147 .\n(sec.146-ssec.2) If the conservation officer enters the place and finds the evidence, the following provisions have effect— the officer may seize the evidence; the officer may keep the evidence for 6 months or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceeding for the offence and any appeal in relation to the proceeding; if the evidence is a document—while the officer has possession of the document, the officer may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.\n(sec.146-ssec.3) A conservation officer must not enter the place or exercise a power under subsection (1) unless— the occupier of the place consents to the entry or exercise of the power; or a warrant under section 149 that was issued in relation to the evidence authorises the entry or exercise of the power.\n(sec.146-ssec.4) If, while searching the place under subsection (1) under a warrant under section 149 — a conservation officer finds a thing that the officer believes, on reasonable grounds, to be— a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or a thing that will afford evidence of the commission of another offence against this Act; and the officer believes, on reasonable grounds, that it is necessary to seize the thing to prevent— its concealment, loss or destruction; or its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be; subsection (2) applies to the thing as if it were the evidence.\n(sec.146-ssec.5) In this section— place does not include a vehicle, boat or aircraft.\n- (a) enter the place; and\n- (b) exercise the powers set out in section 147 .\n- (a) the officer may seize the evidence;\n- (b) the officer may keep the evidence for 6 months or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceeding for the offence and any appeal in relation to the proceeding;\n- (c) if the evidence is a document—while the officer has possession of the document, the officer may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.\n- (a) the occupier of the place consents to the entry or exercise of the power; or\n- (b) a warrant under section 149 that was issued in relation to the evidence authorises the entry or exercise of the power.\n- (a) a conservation officer finds a thing that the officer believes, on reasonable grounds, to be— (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or (ii) a thing that will afford evidence of the commission of another offence against this Act; and\n- (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or\n- (ii) a thing that will afford evidence of the commission of another offence against this Act; and\n- (b) the officer believes, on reasonable grounds, that it is necessary to seize the thing to prevent— (i) its concealment, loss or destruction; or (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be;\n- (i) its concealment, loss or destruction; or\n- (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be;\n- (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or\n- (ii) a thing that will afford evidence of the commission of another offence against this Act; and\n- (i) its concealment, loss or destruction; or\n- (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be;","sortOrder":339},{"sectionNumber":"sec.147","sectionType":"section","heading":"General powers of conservation officer in relation to places","content":"### sec.147 General powers of conservation officer in relation to places\n\nA conservation officer who enters or boards a place under this division may exercise any of the following powers—\nsearch any part of the place;\ninspect, examine, photograph or film anything in or on the place;\ntake extracts from, and make copies of, any documents in or on the place;\ntake into or onto the place such persons, equipment and materials as the conservation officer reasonably requires for the purpose of exercising any powers in relation to the place;\nrequire the occupier or any person in or on the place to give to the conservation officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d) ;\nthe powers mentioned in the following provisions—\nsection 151 ;\nsection 152 ;\nsection 154 (1) (b) to (e) .\nA person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (e) .\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for a person to fail to answer a question or produce a document (other than a document required to be kept by the person under a regulation) if answering the question, or producing the document, might tend to incriminate the person.\nA conservation officer who seizes or damages anything under this division must, as soon as it is reasonably practicable after seizing or damaging the thing, give written notice of particulars of the thing or damage.\nThe notice must be given to—\nif anything is seized—the person from whom the thing was seized; or\nif damage was caused to anything—the person who appears to the conservation officer to be the owner of the thing.\nThis section does not limit any power that a conservation officer has apart from this section.\ns 147 amd 1994 No. 42 s 2 sch ; 2000 No. 44 s 39 ; 2022 No. 21 s 64 s ch 1 pt 1\n(sec.147-ssec.1) A conservation officer who enters or boards a place under this division may exercise any of the following powers— search any part of the place; inspect, examine, photograph or film anything in or on the place; take extracts from, and make copies of, any documents in or on the place; take into or onto the place such persons, equipment and materials as the conservation officer reasonably requires for the purpose of exercising any powers in relation to the place; require the occupier or any person in or on the place to give to the conservation officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d) ; the powers mentioned in the following provisions— section 151 ; section 152 ; section 154 (1) (b) to (e) .\n(sec.147-ssec.2) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (e) . Maximum penalty—50 penalty units.\n(sec.147-ssec.3) It is a reasonable excuse for a person to fail to answer a question or produce a document (other than a document required to be kept by the person under a regulation) if answering the question, or producing the document, might tend to incriminate the person.\n(sec.147-ssec.4) A conservation officer who seizes or damages anything under this division must, as soon as it is reasonably practicable after seizing or damaging the thing, give written notice of particulars of the thing or damage.\n(sec.147-ssec.5) The notice must be given to— if anything is seized—the person from whom the thing was seized; or if damage was caused to anything—the person who appears to the conservation officer to be the owner of the thing.\n(sec.147-ssec.6) This section does not limit any power that a conservation officer has apart from this section.\n- (a) search any part of the place;\n- (b) inspect, examine, photograph or film anything in or on the place;\n- (c) take extracts from, and make copies of, any documents in or on the place;\n- (d) take into or onto the place such persons, equipment and materials as the conservation officer reasonably requires for the purpose of exercising any powers in relation to the place;\n- (e) require the occupier or any person in or on the place to give to the conservation officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d) ;\n- (f) the powers mentioned in the following provisions— (i) section 151 ; (ii) section 152 ; (iii) section 154 (1) (b) to (e) .\n- (i) section 151 ;\n- (ii) section 152 ;\n- (iii) section 154 (1) (b) to (e) .\n- (i) section 151 ;\n- (ii) section 152 ;\n- (iii) section 154 (1) (b) to (e) .\n- (a) if anything is seized—the person from whom the thing was seized; or\n- (b) if damage was caused to anything—the person who appears to the conservation officer to be the owner of the thing.","sortOrder":340},{"sectionNumber":"sec.148","sectionType":"section","heading":"Monitoring warrants","content":"### sec.148 Monitoring warrants\n\nA conservation officer may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes).\nSubject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that the conservation officer should have access to the place for the purpose of finding out whether this Act is being complied with.\nIf the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the conservation officer or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\nThe warrant must—\nauthorise any conservation officer or a stated conservation officer, with such assistance and by such force as is necessary and reasonable—\nto enter the place; and\nto exercise the powers set out in section 147 (1) (a) to (e) ; and\nstate whether the entry is authorised to be made at any reasonable time of the day or night or only during specified reasonable hours of the day or night; and\nspecify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and\nstate the purpose for which the warrant is issued.\ns 148 amd 2011 No. 6 s 103\n(sec.148-ssec.1) A conservation officer may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes).\n(sec.148-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is reasonably necessary that the conservation officer should have access to the place for the purpose of finding out whether this Act is being complied with.\n(sec.148-ssec.3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the conservation officer or some other person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\n(sec.148-ssec.4) The warrant must— authorise any conservation officer or a stated conservation officer, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 147 (1) (a) to (e) ; and state whether the entry is authorised to be made at any reasonable time of the day or night or only during specified reasonable hours of the day or night; and specify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purpose for which the warrant is issued.\n- (a) authorise any conservation officer or a stated conservation officer, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 147 (1) (a) to (e) ; and\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 147 (1) (a) to (e) ; and\n- (b) state whether the entry is authorised to be made at any reasonable time of the day or night or only during specified reasonable hours of the day or night; and\n- (c) specify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and\n- (d) state the purpose for which the warrant is issued.\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 147 (1) (a) to (e) ; and","sortOrder":341},{"sectionNumber":"sec.149","sectionType":"section","heading":"Offence related warrants","content":"### sec.149 Offence related warrants\n\nA conservation officer may apply to a magistrate for a warrant under this section in relation to a particular place.\nSubject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in or on the place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act.\nIf the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the conservation officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\nThe warrant must—\nauthorise any conservation officer or a stated conservation officer, with such assistance and by such force as is necessary and reasonable—\nto enter the place; and\nto exercise the powers set out in section 147 (1) (a) to (e) ; and\nto seize the evidence; and\nstate whether the entry is authorised to be made at any time of the day or night or only during specified hours of the day or night; and\nspecify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and\nstate the purpose for which the warrant is issued.\ns 149 prev s 149 om 1994 No. 42 s 2 sch\npres s 149 amd 2011 No. 6 s 104\n(sec.149-ssec.1) A conservation officer may apply to a magistrate for a warrant under this section in relation to a particular place.\n(sec.149-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in or on the place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act.\n(sec.149-ssec.3) If the magistrate requires further information concerning the grounds on which the issue of the warrant is being sought, the magistrate must not issue the warrant unless the conservation officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\n(sec.149-ssec.4) The warrant must— authorise any conservation officer or a stated conservation officer, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 147 (1) (a) to (e) ; and to seize the evidence; and state whether the entry is authorised to be made at any time of the day or night or only during specified hours of the day or night; and specify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purpose for which the warrant is issued.\n- (a) authorise any conservation officer or a stated conservation officer, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 147 (1) (a) to (e) ; and (iii) to seize the evidence; and\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 147 (1) (a) to (e) ; and\n- (iii) to seize the evidence; and\n- (b) state whether the entry is authorised to be made at any time of the day or night or only during specified hours of the day or night; and\n- (c) specify the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and\n- (d) state the purpose for which the warrant is issued.\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section 147 (1) (a) to (e) ; and\n- (iii) to seize the evidence; and","sortOrder":342},{"sectionNumber":"sec.150","sectionType":"section","heading":"Warrants may be granted by telephone, facsimile, radio etc.","content":"### sec.150 Warrants may be granted by telephone, facsimile, radio etc.\n\nIf a conservation officer considers it necessary to do so because of—\nurgent circumstances; or\nother special circumstances, including, for example, the officer’s remote location;\nthe officer may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section 148 or 149 .\nBefore applying for the warrant, the conservation officer must prepare information of the kind mentioned in section 148 (2) or 149 (2) that sets out the grounds on which the issue of the warrant is sought.\nIf it is necessary to do so, a conservation officer may apply for the warrant before the information has been sworn.\nIf the magistrate is satisfied—\nafter having considered the terms of the information; and\nafter having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;\nthat there are reasonable grounds for issuing the warrant, the magistrate may, under section 148 or 149 , complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section.\nIf the magistrate completes and signs the warrant, the magistrate must immediately send a copy of the warrant to the conservation officer by facsimile or, if it is not reasonably practicable to do so—\nthe magistrate must—\ntell the officer what the terms of the warrant are; and\ntell the officer the day and time when the warrant was signed; and\nrecord on the warrant the reasons for granting the warrant; and\nthe officer must—\ncomplete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\nwrite on the form of warrant the name of the magistrate and the day and time when the magistrate signed the warrant.\nThe conservation officer must also—\nnot later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or\nif it is not practicable to comply with paragraph (a) —as soon as practicable after the day mentioned in the paragraph;\nsend to the magistrate—\nthe information mentioned in subsection (2) , which must have been properly sworn; and\nif a form of warrant was completed by the conservation officer under subsection (5) (b) —the completed form of warrant.\nWhen the magistrate receives the documents mentioned in subsection (6) , the magistrate must—\nattach them to the warrant that the magistrate completed and signed; and\ndeal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 148 or 149 .\nA facsimile copy of a warrant, or a form of warrant properly completed by the conservation officer under subsection (5) (b) , is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.\nIf—\nit is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and\nthe warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;\nthe court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.\n(sec.150-ssec.1) If a conservation officer considers it necessary to do so because of— urgent circumstances; or other special circumstances, including, for example, the officer’s remote location; the officer may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section 148 or 149 .\n(sec.150-ssec.2) Before applying for the warrant, the conservation officer must prepare information of the kind mentioned in section 148 (2) or 149 (2) that sets out the grounds on which the issue of the warrant is sought.\n(sec.150-ssec.3) If it is necessary to do so, a conservation officer may apply for the warrant before the information has been sworn.\n(sec.150-ssec.4) If the magistrate is satisfied— after having considered the terms of the information; and after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; that there are reasonable grounds for issuing the warrant, the magistrate may, under section 148 or 149 , complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section.\n(sec.150-ssec.5) If the magistrate completes and signs the warrant, the magistrate must immediately send a copy of the warrant to the conservation officer by facsimile or, if it is not reasonably practicable to do so— the magistrate must— tell the officer what the terms of the warrant are; and tell the officer the day and time when the warrant was signed; and record on the warrant the reasons for granting the warrant; and the officer must— complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and write on the form of warrant the name of the magistrate and the day and time when the magistrate signed the warrant.\n(sec.150-ssec.6) The conservation officer must also— not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or if it is not practicable to comply with paragraph (a) —as soon as practicable after the day mentioned in the paragraph; send to the magistrate— the information mentioned in subsection (2) , which must have been properly sworn; and if a form of warrant was completed by the conservation officer under subsection (5) (b) —the completed form of warrant.\n(sec.150-ssec.7) When the magistrate receives the documents mentioned in subsection (6) , the magistrate must— attach them to the warrant that the magistrate completed and signed; and deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 148 or 149 .\n(sec.150-ssec.8) A facsimile copy of a warrant, or a form of warrant properly completed by the conservation officer under subsection (5) (b) , is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.\n(sec.150-ssec.9) If— it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the officer’s remote location;\n- (a) after having considered the terms of the information; and\n- (b) after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought;\n- (a) the magistrate must— (i) tell the officer what the terms of the warrant are; and (ii) tell the officer the day and time when the warrant was signed; and (iii) record on the warrant the reasons for granting the warrant; and\n- (i) tell the officer what the terms of the warrant are; and\n- (ii) tell the officer the day and time when the warrant was signed; and\n- (iii) record on the warrant the reasons for granting the warrant; and\n- (b) the officer must— (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and (ii) write on the form of warrant the name of the magistrate and the day and time when the magistrate signed the warrant.\n- (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\n- (ii) write on the form of warrant the name of the magistrate and the day and time when the magistrate signed the warrant.\n- (i) tell the officer what the terms of the warrant are; and\n- (ii) tell the officer the day and time when the warrant was signed; and\n- (iii) record on the warrant the reasons for granting the warrant; and\n- (i) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\n- (ii) write on the form of warrant the name of the magistrate and the day and time when the magistrate signed the warrant.\n- (a) not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or\n- (b) if it is not practicable to comply with paragraph (a) —as soon as practicable after the day mentioned in the paragraph;\n- (c) the information mentioned in subsection (2) , which must have been properly sworn; and\n- (d) if a form of warrant was completed by the conservation officer under subsection (5) (b) —the completed form of warrant.\n- (a) attach them to the warrant that the magistrate completed and signed; and\n- (b) deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 148 or 149 .\n- (a) it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and\n- (b) the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;","sortOrder":343},{"sectionNumber":"sec.151","sectionType":"section","heading":"Conservation officer may require name and address","content":"### sec.151 Conservation officer may require name and address\n\nThis section applies if a conservation officer—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the officer to suspect, on reasonable grounds, that the person has just committed an offence against this Act; or\nhas information that leads the officer to suspect, on reasonable grounds, that a person has just committed an offence against this Act; or\nbelieves, on reasonable grounds, that the name and address of a person is required for the administration or enforcement of this Act.\nThe conservation officer may require the person to state the person’s name and address.\nWhen making the requirement, the conservation officer must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.\nThe conservation officer may require the person to give evidence of the correctness of the person’s name or address if the officer suspects, on reasonable grounds, that the name or address given is false.\nA person must comply with a conservation officer’s requirement under subsection (2) or (4) , unless the person has a reasonable excuse for not complying with the requirement.\nMaximum penalty—100 penalty units.\nThe person does not commit an offence against this section if—\nthe conservation officer required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and\nthe person is not proved to have committed the offence.\ns 151 sub 1994 No. 42 s 41\n(sec.151-ssec.1) This section applies if a conservation officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead the officer to suspect, on reasonable grounds, that the person has just committed an offence against this Act; or has information that leads the officer to suspect, on reasonable grounds, that a person has just committed an offence against this Act; or believes, on reasonable grounds, that the name and address of a person is required for the administration or enforcement of this Act.\n(sec.151-ssec.2) The conservation officer may require the person to state the person’s name and address.\n(sec.151-ssec.3) When making the requirement, the conservation officer must warn the person it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.\n(sec.151-ssec.4) The conservation officer may require the person to give evidence of the correctness of the person’s name or address if the officer suspects, on reasonable grounds, that the name or address given is false.\n(sec.151-ssec.5) A person must comply with a conservation officer’s requirement under subsection (2) or (4) , unless the person has a reasonable excuse for not complying with the requirement. Maximum penalty—100 penalty units.\n(sec.151-ssec.6) The person does not commit an offence against this section if— the conservation officer required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the officer to suspect, on reasonable grounds, that the person has just committed an offence against this Act; or\n- (c) has information that leads the officer to suspect, on reasonable grounds, that a person has just committed an offence against this Act; or\n- (d) believes, on reasonable grounds, that the name and address of a person is required for the administration or enforcement of this Act.\n- (a) the conservation officer required the person to state the person’s name and address on suspicion of the person having committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":344},{"sectionNumber":"sec.152","sectionType":"section","heading":"Power to require information from certain persons","content":"### sec.152 Power to require information from certain persons\n\nThis section applies if a conservation officer suspects, on reasonable grounds, that—\nan offence against this Act has happened; and\na person may be able to give information about the offence.\nThe conservation officer may require the person to give information about the offence.\nWhen making the requirement, the conservation officer must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse.\nThe person must comply with the requirement, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for the person to fail to give information if giving the information might tend to incriminate the person.\nThe person does not commit an offence against this section if the information sought by the conservation officer is not in fact relevant to the offence.\ns 152 sub 1994 No. 42 s 42\n(sec.152-ssec.1) This section applies if a conservation officer suspects, on reasonable grounds, that— an offence against this Act has happened; and a person may be able to give information about the offence.\n(sec.152-ssec.2) The conservation officer may require the person to give information about the offence.\n(sec.152-ssec.3) When making the requirement, the conservation officer must warn the person it is an offence to fail to give the information, unless the person has a reasonable excuse.\n(sec.152-ssec.4) The person must comply with the requirement, unless the person has a reasonable excuse for not complying with it. Maximum penalty—100 penalty units.\n(sec.152-ssec.5) It is a reasonable excuse for the person to fail to give information if giving the information might tend to incriminate the person.\n(sec.152-ssec.6) The person does not commit an offence against this section if the information sought by the conservation officer is not in fact relevant to the offence.\n- (a) an offence against this Act has happened; and\n- (b) a person may be able to give information about the offence.","sortOrder":345},{"sectionNumber":"sec.152A","sectionType":"section","heading":"General powers for things seized","content":"### sec.152A General powers for things seized\n\nHaving seized a thing under this division or division 2 , the chief executive or a conservation officer (each an officer ) may—\nmove the thing from its place of seizure; or\nleave the thing at its place of seizure and take reasonable action to restrict access to it.\nFor subsection (1) (b) , the officer may, for example—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nif the thing is equipment—make the equipment inoperable.\ndismantling the equipment or removing a component from the equipment without which the equipment can not be used\nIf the thing is, or contains, wildlife, the officer may, as is appropriate to ensure the survival of the wildlife—\ntake the wildlife to a place the officer considers appropriate; or\ngive the wildlife accommodation, food, rest, water or other appropriate living conditions; or\nif the officer reasonably believes the wildlife requires veterinary or other treatment—arrange for the treatment; or\nleave the wildlife at the place of seizure and take any action mentioned in paragraphs (a) to (c) ; or\nif the wildlife is left at the place of seizure—give the person from whom the wildlife was seized a direction to—\nkeep, or continue to keep, the wildlife in the person’s custody; and\nlook after, or continue to look after, the wildlife; or\nif the wildlife is left at the place of seizure and the person from whom the wildlife was seized does not comply with a direction under paragraph (e) —take any action mentioned in paragraphs (a) to (c) .\nFor the Animal Care and Protection Act 2001 , section 12 , an officer is not in charge of wildlife that is subject to a direction given by the officer under subsection (3) (e) merely because the officer has seized the wildlife.\ns 152A ins 2004 No. 48 s 180\namd 2011 No. 26 s 189 sch\nsub 2022 No. 21 s 14\n(sec.152A-ssec.1) Having seized a thing under this division or division 2 , the chief executive or a conservation officer (each an officer ) may— move the thing from its place of seizure; or leave the thing at its place of seizure and take reasonable action to restrict access to it.\n(sec.152A-ssec.2) For subsection (1) (b) , the officer may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or if the thing is equipment—make the equipment inoperable. dismantling the equipment or removing a component from the equipment without which the equipment can not be used\n(sec.152A-ssec.3) If the thing is, or contains, wildlife, the officer may, as is appropriate to ensure the survival of the wildlife— take the wildlife to a place the officer considers appropriate; or give the wildlife accommodation, food, rest, water or other appropriate living conditions; or if the officer reasonably believes the wildlife requires veterinary or other treatment—arrange for the treatment; or leave the wildlife at the place of seizure and take any action mentioned in paragraphs (a) to (c) ; or if the wildlife is left at the place of seizure—give the person from whom the wildlife was seized a direction to— keep, or continue to keep, the wildlife in the person’s custody; and look after, or continue to look after, the wildlife; or if the wildlife is left at the place of seizure and the person from whom the wildlife was seized does not comply with a direction under paragraph (e) —take any action mentioned in paragraphs (a) to (c) .\n(sec.152A-ssec.4) For the Animal Care and Protection Act 2001 , section 12 , an officer is not in charge of wildlife that is subject to a direction given by the officer under subsection (3) (e) merely because the officer has seized the wildlife.\n- (a) move the thing from its place of seizure; or\n- (b) leave the thing at its place of seizure and take reasonable action to restrict access to it.\n- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) if the thing is equipment—make the equipment inoperable. Example of making equipment inoperable— dismantling the equipment or removing a component from the equipment without which the equipment can not be used\n- (a) take the wildlife to a place the officer considers appropriate; or\n- (b) give the wildlife accommodation, food, rest, water or other appropriate living conditions; or\n- (c) if the officer reasonably believes the wildlife requires veterinary or other treatment—arrange for the treatment; or\n- (d) leave the wildlife at the place of seizure and take any action mentioned in paragraphs (a) to (c) ; or\n- (e) if the wildlife is left at the place of seizure—give the person from whom the wildlife was seized a direction to— (i) keep, or continue to keep, the wildlife in the person’s custody; and (ii) look after, or continue to look after, the wildlife; or\n- (i) keep, or continue to keep, the wildlife in the person’s custody; and\n- (ii) look after, or continue to look after, the wildlife; or\n- (f) if the wildlife is left at the place of seizure and the person from whom the wildlife was seized does not comply with a direction under paragraph (e) —take any action mentioned in paragraphs (a) to (c) .\n- (i) keep, or continue to keep, the wildlife in the person’s custody; and\n- (ii) look after, or continue to look after, the wildlife; or","sortOrder":346},{"sectionNumber":"sec.152B","sectionType":"section","heading":null,"content":"### Section sec.152B\n\ns 152B ins 2004 No. 48 s 180\nom 2022 No. 21 s 14","sortOrder":347},{"sectionNumber":"sec.153","sectionType":"section","heading":"Keeping seized protected wildlife until conservation value paid","content":"### sec.153 Keeping seized protected wildlife until conservation value paid\n\nThis section applies in relation to a thing seized under this division or division 2 —\nthat is protected wildlife; and\nfor which an amount of conservation value remains unpaid.\nThe conservation officer may keep the protected wildlife until the conservation value for the wildlife is paid.\nIf the amount is not paid within 30 days after the seizure, the protected wildlife may be disposed of in the way the chief executive directs.\nThe seizure and keeping of protected wildlife does not affect any proceeding under this Act for—\nthe recovery of an amount of conservation value for the wildlife; or\nan offence in relation to the non-payment of the amount.\ns 153 sub 2022 No. 21 s 14\n(sec.153-ssec.1) This section applies in relation to a thing seized under this division or division 2 — that is protected wildlife; and for which an amount of conservation value remains unpaid.\n(sec.153-ssec.2) The conservation officer may keep the protected wildlife until the conservation value for the wildlife is paid.\n(sec.153-ssec.3) If the amount is not paid within 30 days after the seizure, the protected wildlife may be disposed of in the way the chief executive directs.\n(sec.153-ssec.4) The seizure and keeping of protected wildlife does not affect any proceeding under this Act for— the recovery of an amount of conservation value for the wildlife; or an offence in relation to the non-payment of the amount.\n- (a) that is protected wildlife; and\n- (b) for which an amount of conservation value remains unpaid.\n- (a) the recovery of an amount of conservation value for the wildlife; or\n- (b) an offence in relation to the non-payment of the amount.","sortOrder":348},{"sectionNumber":"sec.154","sectionType":"section","heading":"Other powers of conservation officers","content":"### sec.154 Other powers of conservation officers\n\nSubject to subsections (2) to (5) , a conservation officer may, for the purposes of this Act, exercise any of the following powers—\nenter any land at any reasonable time for the purpose of—\ninspecting, researching or reporting on protected areas, protected, international or prohibited wildlife, critical habitats or areas of major interest; or\ninspecting an area to ascertain—\nits suitability for dedication or declaration as a protected area; or\nwhether a conservation agreement should be entered into in relation to the area; or\ninvestigating or monitoring compliance with a conservation agreement for a protected area;\nrequire a person to produce to the officer—\nany licence, permit or other authority held by the person under a regulation; or\nany document required to be kept by the person under a regulation;\ninspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (b) ;\nif the officer is a special conservation officer—\narrest a person found by the officer committing an offence against this Act; or\narrest a person whom the officer suspects on reasonable grounds of having committed an offence against this Act;\nif the officer believes on reasonable grounds that proceedings by way of complaint and summons against the person would be ineffective;\nsuch other powers as are prescribed.\nBefore exercising the power mentioned in subsection (1) (a) , a conservation officer must—\nobtain or, in urgent circumstances, take all reasonable steps to obtain, the consent of the landholder concerned; or\ngive at least 14 days written notice to the landholder concerned of—\nthe officer’s intention to enter the land; and\nthe proposed purpose in entering the land; and\nthe day and time when the officer proposes to enter the land.\nIn exercising the power mentioned in subsection (1) (a) , a conservation officer must take all reasonable steps to ensure that the officer causes as little inconvenience, and does as little damage, as is practicable.\nA conservation officer may keep a document under subsection (1) (c) only for the purpose of taking copies of the document and must, as soon as practicable after taking the copies, return the document to the person who produced it.\nIf a special conservation officer arrests a person under subsection (1) (d) , the officer must, as soon as it is reasonably practicable to do so, deliver the person into the custody of a police officer at the nearest accessible police station or watch house to be dealt with according to law.\ns 154 amd 2000 No. 5 s 373 sch 3 ; 2019 No. 8 s 32\n(sec.154-ssec.1) Subject to subsections (2) to (5) , a conservation officer may, for the purposes of this Act, exercise any of the following powers— enter any land at any reasonable time for the purpose of— inspecting, researching or reporting on protected areas, protected, international or prohibited wildlife, critical habitats or areas of major interest; or inspecting an area to ascertain— its suitability for dedication or declaration as a protected area; or whether a conservation agreement should be entered into in relation to the area; or investigating or monitoring compliance with a conservation agreement for a protected area; require a person to produce to the officer— any licence, permit or other authority held by the person under a regulation; or any document required to be kept by the person under a regulation; inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (b) ; if the officer is a special conservation officer— arrest a person found by the officer committing an offence against this Act; or arrest a person whom the officer suspects on reasonable grounds of having committed an offence against this Act; if the officer believes on reasonable grounds that proceedings by way of complaint and summons against the person would be ineffective; such other powers as are prescribed.\n(sec.154-ssec.2) Before exercising the power mentioned in subsection (1) (a) , a conservation officer must— obtain or, in urgent circumstances, take all reasonable steps to obtain, the consent of the landholder concerned; or give at least 14 days written notice to the landholder concerned of— the officer’s intention to enter the land; and the proposed purpose in entering the land; and the day and time when the officer proposes to enter the land.\n(sec.154-ssec.3) In exercising the power mentioned in subsection (1) (a) , a conservation officer must take all reasonable steps to ensure that the officer causes as little inconvenience, and does as little damage, as is practicable.\n(sec.154-ssec.4) A conservation officer may keep a document under subsection (1) (c) only for the purpose of taking copies of the document and must, as soon as practicable after taking the copies, return the document to the person who produced it.\n(sec.154-ssec.5) If a special conservation officer arrests a person under subsection (1) (d) , the officer must, as soon as it is reasonably practicable to do so, deliver the person into the custody of a police officer at the nearest accessible police station or watch house to be dealt with according to law.\n- (a) enter any land at any reasonable time for the purpose of— (i) inspecting, researching or reporting on protected areas, protected, international or prohibited wildlife, critical habitats or areas of major interest; or (ii) inspecting an area to ascertain— (A) its suitability for dedication or declaration as a protected area; or (B) whether a conservation agreement should be entered into in relation to the area; or (iii) investigating or monitoring compliance with a conservation agreement for a protected area;\n- (i) inspecting, researching or reporting on protected areas, protected, international or prohibited wildlife, critical habitats or areas of major interest; or\n- (ii) inspecting an area to ascertain— (A) its suitability for dedication or declaration as a protected area; or (B) whether a conservation agreement should be entered into in relation to the area; or\n- (A) its suitability for dedication or declaration as a protected area; or\n- (B) whether a conservation agreement should be entered into in relation to the area; or\n- (iii) investigating or monitoring compliance with a conservation agreement for a protected area;\n- (b) require a person to produce to the officer— (i) any licence, permit or other authority held by the person under a regulation; or (ii) any document required to be kept by the person under a regulation;\n- (i) any licence, permit or other authority held by the person under a regulation; or\n- (ii) any document required to be kept by the person under a regulation;\n- (c) inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (b) ;\n- (d) if the officer is a special conservation officer— (i) arrest a person found by the officer committing an offence against this Act; or (ii) arrest a person whom the officer suspects on reasonable grounds of having committed an offence against this Act; if the officer believes on reasonable grounds that proceedings by way of complaint and summons against the person would be ineffective;\n- (i) arrest a person found by the officer committing an offence against this Act; or\n- (ii) arrest a person whom the officer suspects on reasonable grounds of having committed an offence against this Act;\n- (e) such other powers as are prescribed.\n- (i) inspecting, researching or reporting on protected areas, protected, international or prohibited wildlife, critical habitats or areas of major interest; or\n- (ii) inspecting an area to ascertain— (A) its suitability for dedication or declaration as a protected area; or (B) whether a conservation agreement should be entered into in relation to the area; or\n- (A) its suitability for dedication or declaration as a protected area; or\n- (B) whether a conservation agreement should be entered into in relation to the area; or\n- (iii) investigating or monitoring compliance with a conservation agreement for a protected area;\n- (A) its suitability for dedication or declaration as a protected area; or\n- (B) whether a conservation agreement should be entered into in relation to the area; or\n- (i) any licence, permit or other authority held by the person under a regulation; or\n- (ii) any document required to be kept by the person under a regulation;\n- (i) arrest a person found by the officer committing an offence against this Act; or\n- (ii) arrest a person whom the officer suspects on reasonable grounds of having committed an offence against this Act;\n- (a) obtain or, in urgent circumstances, take all reasonable steps to obtain, the consent of the landholder concerned; or\n- (b) give at least 14 days written notice to the landholder concerned of— (i) the officer’s intention to enter the land; and (ii) the proposed purpose in entering the land; and (iii) the day and time when the officer proposes to enter the land.\n- (i) the officer’s intention to enter the land; and\n- (ii) the proposed purpose in entering the land; and\n- (iii) the day and time when the officer proposes to enter the land.\n- (i) the officer’s intention to enter the land; and\n- (ii) the proposed purpose in entering the land; and\n- (iii) the day and time when the officer proposes to enter the land.","sortOrder":349},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Special provisions for native wildlife and protected areas","content":"## Special provisions for native wildlife and protected areas","sortOrder":350},{"sectionNumber":"sec.154A","sectionType":"section","heading":"Definitions for division","content":"### sec.154A Definitions for division\n\nIn this division—\nclaim period , for a seized thing, means—\nif the thing is stock—2 weeks after the seizure notice is given for the stock; or\notherwise—\nif a seizure notice is not required to be given for the thing—2 months after the day the thing is seized; or\nif a seizure notice is required to be given for the thing—2 months after the date stated in the seizure notice.\ndangerous seized thing see section 154G (1) .\nowner , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.\nseized thing means a thing seized in the exercise of a power under this division.\nseizure notice , for a seized thing, means a notice given under section 154I for the thing.\ns 154A ins 2022 No. 21 s 15\n- (a) if the thing is stock—2 weeks after the seizure notice is given for the stock; or\n- (b) otherwise— (i) if a seizure notice is not required to be given for the thing—2 months after the day the thing is seized; or (ii) if a seizure notice is required to be given for the thing—2 months after the date stated in the seizure notice.\n- (i) if a seizure notice is not required to be given for the thing—2 months after the day the thing is seized; or\n- (ii) if a seizure notice is required to be given for the thing—2 months after the date stated in the seizure notice.\n- (i) if a seizure notice is not required to be given for the thing—2 months after the day the thing is seized; or\n- (ii) if a seizure notice is required to be given for the thing—2 months after the date stated in the seizure notice.","sortOrder":351},{"sectionNumber":"sec.154B","sectionType":"section","heading":"Application of division","content":"### sec.154B Application of division\n\nA power to seize a thing under this division does not limit, and is not limited by, another power to seize a thing under division 1 .\ns 154B ins 2022 No. 21 s 15","sortOrder":352},{"sectionNumber":"sec.154C","sectionType":"section","heading":"Seizure by conservation officer of thing for protection of native wildlife outside protected area","content":"### sec.154C Seizure by conservation officer of thing for protection of native wildlife outside protected area\n\nThis section applies if a conservation officer knows, or reasonably believes—\na relevant thing on land that is not in a protected area—\nis on the land without the consent of the landholder; or\nis abandoned; or\nis being, or will be, used to commit an offence against this Act; and\nit is necessary or desirable to remove the thing for the protection of native wildlife.\nThe conservation officer may—\nseize the relevant thing and anything attached to or contained in it; and\nremove the thing, and anything attached to or contained in it, from the land.\nIn this section—\nrelevant thing means a thing that is an appliance, vehicle, boat or aircraft.\ns 154C ins 2022 No. 21 s 15\n(sec.154C-ssec.1) This section applies if a conservation officer knows, or reasonably believes— a relevant thing on land that is not in a protected area— is on the land without the consent of the landholder; or is abandoned; or is being, or will be, used to commit an offence against this Act; and it is necessary or desirable to remove the thing for the protection of native wildlife.\n(sec.154C-ssec.2) The conservation officer may— seize the relevant thing and anything attached to or contained in it; and remove the thing, and anything attached to or contained in it, from the land.\n(sec.154C-ssec.3) In this section— relevant thing means a thing that is an appliance, vehicle, boat or aircraft.\n- (a) a relevant thing on land that is not in a protected area— (i) is on the land without the consent of the landholder; or (ii) is abandoned; or (iii) is being, or will be, used to commit an offence against this Act; and\n- (i) is on the land without the consent of the landholder; or\n- (ii) is abandoned; or\n- (iii) is being, or will be, used to commit an offence against this Act; and\n- (b) it is necessary or desirable to remove the thing for the protection of native wildlife.\n- (i) is on the land without the consent of the landholder; or\n- (ii) is abandoned; or\n- (iii) is being, or will be, used to commit an offence against this Act; and\n- (a) seize the relevant thing and anything attached to or contained in it; and\n- (b) remove the thing, and anything attached to or contained in it, from the land.","sortOrder":353},{"sectionNumber":"sec.154D","sectionType":"section","heading":"Seizure by conservation officer of thing in protected area","content":"### sec.154D Seizure by conservation officer of thing in protected area\n\nThis section applies if a conservation officer knows, or reasonably believes, that—\na thing in a protected area—\nis abandoned; or\nis being, or will be, used to commit an offence against this Act; or\nis otherwise not authorised to be in the area under this Act (an unauthorised thing ); or\nit is necessary or desirable to remove a thing from a protected area for the protection of a cultural or natural resource of the area.\nappliances, equipment, stock, structures, works, vehicles\nThe conservation officer may—\nseize the thing, and anything in, on or attached to the thing; and\nremove the thing, and anything in, on or attached to the thing, from the protected area.\nHowever, subsections (4) to (6) apply if the thing is an unauthorised thing, other than stock.\nIf the conservation officer knows, or ought reasonably to know, a person is the owner of the thing, the conservation officer may exercise the powers under subsection (2) only if—\nthe conservation officer gives the person a direction to remove the thing from the protected area; and\nthe person does not comply with the direction.\nSubsection (4) does not apply if—\nthe person would be required to use a vehicle to comply with the direction; and\nthe conservation officer reasonably believes the person would not be able to lawfully use a vehicle.\nIf the thing is a vehicle, the conservation officer may exercise the powers under subsection (2) only if the officer reasonably believes it is necessary or desirable to do so having regard to—\nthe safety of people in the protected area; and\nthe need to protect the cultural and natural resources of the protected area; and\nthe orderly or proper management of the protected area.\nThis section does not apply to the extent the chief executive is exercising a power under section 154E in relation to a thing that is stock.\nIn this section—\nvehicle includes an aircraft, boat or recreational craft.\ns 154D ins 2022 No. 21 s 15\n(sec.154D-ssec.1) This section applies if a conservation officer knows, or reasonably believes, that— a thing in a protected area— is abandoned; or is being, or will be, used to commit an offence against this Act; or is otherwise not authorised to be in the area under this Act (an unauthorised thing ); or it is necessary or desirable to remove a thing from a protected area for the protection of a cultural or natural resource of the area. appliances, equipment, stock, structures, works, vehicles\n(sec.154D-ssec.2) The conservation officer may— seize the thing, and anything in, on or attached to the thing; and remove the thing, and anything in, on or attached to the thing, from the protected area.\n(sec.154D-ssec.3) However, subsections (4) to (6) apply if the thing is an unauthorised thing, other than stock.\n(sec.154D-ssec.4) If the conservation officer knows, or ought reasonably to know, a person is the owner of the thing, the conservation officer may exercise the powers under subsection (2) only if— the conservation officer gives the person a direction to remove the thing from the protected area; and the person does not comply with the direction.\n(sec.154D-ssec.5) Subsection (4) does not apply if— the person would be required to use a vehicle to comply with the direction; and the conservation officer reasonably believes the person would not be able to lawfully use a vehicle.\n(sec.154D-ssec.6) If the thing is a vehicle, the conservation officer may exercise the powers under subsection (2) only if the officer reasonably believes it is necessary or desirable to do so having regard to— the safety of people in the protected area; and the need to protect the cultural and natural resources of the protected area; and the orderly or proper management of the protected area.\n(sec.154D-ssec.7) This section does not apply to the extent the chief executive is exercising a power under section 154E in relation to a thing that is stock.\n(sec.154D-ssec.8) In this section— vehicle includes an aircraft, boat or recreational craft.\n- (a) a thing in a protected area— (i) is abandoned; or (ii) is being, or will be, used to commit an offence against this Act; or (iii) is otherwise not authorised to be in the area under this Act (an unauthorised thing ); or\n- (i) is abandoned; or\n- (ii) is being, or will be, used to commit an offence against this Act; or\n- (iii) is otherwise not authorised to be in the area under this Act (an unauthorised thing ); or\n- (b) it is necessary or desirable to remove a thing from a protected area for the protection of a cultural or natural resource of the area.\n- (i) is abandoned; or\n- (ii) is being, or will be, used to commit an offence against this Act; or\n- (iii) is otherwise not authorised to be in the area under this Act (an unauthorised thing ); or\n- (a) seize the thing, and anything in, on or attached to the thing; and\n- (b) remove the thing, and anything in, on or attached to the thing, from the protected area.\n- (a) the conservation officer gives the person a direction to remove the thing from the protected area; and\n- (b) the person does not comply with the direction.\n- (a) the person would be required to use a vehicle to comply with the direction; and\n- (b) the conservation officer reasonably believes the person would not be able to lawfully use a vehicle.\n- (a) the safety of people in the protected area; and\n- (b) the need to protect the cultural and natural resources of the protected area; and\n- (c) the orderly or proper management of the protected area.","sortOrder":354},{"sectionNumber":"sec.154E","sectionType":"section","heading":"Seizure by chief executive of stock found during muster in protected area","content":"### sec.154E Seizure by chief executive of stock found during muster in protected area\n\nThis section applies if—\nthe chief executive, under this Act, conducts a muster of stock in a protected area; and\nduring the muster, stock are found on the protected area; and\nthe owner of the stock—\nis unable to be contacted by the chief executive; or\ndoes not remove the stock from the area when asked by the chief executive.\nThe chief executive may seize the stock and remove the seized stock from the protected area.\ns 154E ins 2022 No. 21 s 15\n(sec.154E-ssec.1) This section applies if— the chief executive, under this Act, conducts a muster of stock in a protected area; and during the muster, stock are found on the protected area; and the owner of the stock— is unable to be contacted by the chief executive; or does not remove the stock from the area when asked by the chief executive.\n(sec.154E-ssec.2) The chief executive may seize the stock and remove the seized stock from the protected area.\n- (a) the chief executive, under this Act, conducts a muster of stock in a protected area; and\n- (b) during the muster, stock are found on the protected area; and\n- (c) the owner of the stock— (i) is unable to be contacted by the chief executive; or (ii) does not remove the stock from the area when asked by the chief executive.\n- (i) is unable to be contacted by the chief executive; or\n- (ii) does not remove the stock from the area when asked by the chief executive.\n- (i) is unable to be contacted by the chief executive; or\n- (ii) does not remove the stock from the area when asked by the chief executive.","sortOrder":355},{"sectionNumber":"sec.154F","sectionType":"section","heading":"Application of subdivision","content":"### sec.154F Application of subdivision\n\nThis subdivision does not apply in relation to a seized thing that is protected wildlife for which an amount of conservation value remains unpaid.\nSee section 154B .\ns 154F ins 2022 No. 21 s 15","sortOrder":356},{"sectionNumber":"sec.154G","sectionType":"section","heading":"Dangerous seized thing must be destroyed","content":"### sec.154G Dangerous seized thing must be destroyed\n\nThis section applies to a seized thing (a dangerous seized thing ) that is—\nan explosive under the Explosives Act 1999 ; or\na trap, snare, net or birdlime; or\na decoy; or\na poison.\nThe chief executive must destroy the dangerous seized thing at the time the chief executive considers appropriate, having regard to the reason for the seizure and any other matter relevant to the risks posed by the thing.\ns 154G ins 2022 No. 21 s 15\n(sec.154G-ssec.1) This section applies to a seized thing (a dangerous seized thing ) that is— an explosive under the Explosives Act 1999 ; or a trap, snare, net or birdlime; or a decoy; or a poison.\n(sec.154G-ssec.2) The chief executive must destroy the dangerous seized thing at the time the chief executive considers appropriate, having regard to the reason for the seizure and any other matter relevant to the risks posed by the thing.\n- (a) an explosive under the Explosives Act 1999 ; or\n- (b) a trap, snare, net or birdlime; or\n- (c) a decoy; or\n- (d) a poison.","sortOrder":357},{"sectionNumber":"sec.154H","sectionType":"section","heading":"Way seized thing must be kept","content":"### sec.154H Way seized thing must be kept\n\nThis section applies in relation to a seized thing, other than a dangerous seized thing, whether or not the thing is removed from its place of seizure.\nThe chief executive must ensure the seized thing is kept in a reasonably secure way at all times until it is returned to the owner or otherwise dealt with under this subdivision.\ns 154H ins 2022 No. 21 s 15\n(sec.154H-ssec.1) This section applies in relation to a seized thing, other than a dangerous seized thing, whether or not the thing is removed from its place of seizure.\n(sec.154H-ssec.2) The chief executive must ensure the seized thing is kept in a reasonably secure way at all times until it is returned to the owner or otherwise dealt with under this subdivision.","sortOrder":358},{"sectionNumber":"sec.154I","sectionType":"section","heading":"Seizure notice","content":"### sec.154I Seizure notice\n\nThis section applies in relation to a seized thing, other than a dangerous seized thing, if—\nthe thing is seized by the chief executive or a conservation officer (each an officer ); and\nthe officer reasonably believes the thing has a market value of more than $500.\nThe officer must—\nif the officer knows who the owner of the seized thing is—give notice of the seizure to the owner; or\notherwise—publish notice of the seizure on the department’s website.\nIf the owner is not known, the notice may also be displayed in a prominent position on a permanent fixture as close as possible to the place of seizure of the seized thing.\nThe notice must state—\nthe date of the notice; and\nthat the owner may claim the seized thing within the claim period for the thing; and\nthat the seized thing may be disposed of if not claimed within the claim period.\ns 154I ins 2022 No. 21 s 15\n(sec.154I-ssec.1) This section applies in relation to a seized thing, other than a dangerous seized thing, if— the thing is seized by the chief executive or a conservation officer (each an officer ); and the officer reasonably believes the thing has a market value of more than $500.\n(sec.154I-ssec.2) The officer must— if the officer knows who the owner of the seized thing is—give notice of the seizure to the owner; or otherwise—publish notice of the seizure on the department’s website.\n(sec.154I-ssec.3) If the owner is not known, the notice may also be displayed in a prominent position on a permanent fixture as close as possible to the place of seizure of the seized thing.\n(sec.154I-ssec.4) The notice must state— the date of the notice; and that the owner may claim the seized thing within the claim period for the thing; and that the seized thing may be disposed of if not claimed within the claim period.\n- (a) the thing is seized by the chief executive or a conservation officer (each an officer ); and\n- (b) the officer reasonably believes the thing has a market value of more than $500.\n- (a) if the officer knows who the owner of the seized thing is—give notice of the seizure to the owner; or\n- (b) otherwise—publish notice of the seizure on the department’s website.\n- (a) the date of the notice; and\n- (b) that the owner may claim the seized thing within the claim period for the thing; and\n- (c) that the seized thing may be disposed of if not claimed within the claim period.","sortOrder":359},{"sectionNumber":"sec.154J","sectionType":"section","heading":"Release of seized thing","content":"### sec.154J Release of seized thing\n\nIf a person claims a seized thing, other than a dangerous seized thing, the chief executive may release the thing to the person only if—\nthe chief executive is satisfied the person has a right to the thing; and\nthe person pays the chief executive’s reasonable costs of—\nseizing, removing and holding the thing; and\ngiving a seizure notice for the thing; and\nrestoring the place of seizure of the thing, as nearly as practicable, to its former state.\nThe chief executive may require a person to verify the person’s right to a seized thing by a statutory declaration before releasing the thing to the person.\ns 154J ins 2022 No. 21 s 15\n(sec.154J-ssec.1) If a person claims a seized thing, other than a dangerous seized thing, the chief executive may release the thing to the person only if— the chief executive is satisfied the person has a right to the thing; and the person pays the chief executive’s reasonable costs of— seizing, removing and holding the thing; and giving a seizure notice for the thing; and restoring the place of seizure of the thing, as nearly as practicable, to its former state.\n(sec.154J-ssec.2) The chief executive may require a person to verify the person’s right to a seized thing by a statutory declaration before releasing the thing to the person.\n- (a) the chief executive is satisfied the person has a right to the thing; and\n- (b) the person pays the chief executive’s reasonable costs of— (i) seizing, removing and holding the thing; and (ii) giving a seizure notice for the thing; and (iii) restoring the place of seizure of the thing, as nearly as practicable, to its former state.\n- (i) seizing, removing and holding the thing; and\n- (ii) giving a seizure notice for the thing; and\n- (iii) restoring the place of seizure of the thing, as nearly as practicable, to its former state.\n- (i) seizing, removing and holding the thing; and\n- (ii) giving a seizure notice for the thing; and\n- (iii) restoring the place of seizure of the thing, as nearly as practicable, to its former state.","sortOrder":360},{"sectionNumber":"sec.154K","sectionType":"section","heading":"Sale and disposal of seized thing with market value of more than $500","content":"### sec.154K Sale and disposal of seized thing with market value of more than $500\n\nThis section applies to a seized thing, other than a dangerous seized thing, if—\na seizure notice is given for the thing; and\nthe owner of the thing does not claim it within the claim period for the thing; and\nthe chief executive reasonably believes the thing has a market value of more than $500.\nThe chief executive may sell the seized thing in the way the chief executive considers will best realise its market value.\nBefore selling the seized thing, the chief executive must publish a notice on the department’s website—\nidentifying the thing; and\nstating how and when it is to be sold.\nIf the seized thing is not sold, the chief executive may dispose of it in the way the chief executive considers appropriate.\ns 154K ins 2022 No. 21 s 15\n(sec.154K-ssec.1) This section applies to a seized thing, other than a dangerous seized thing, if— a seizure notice is given for the thing; and the owner of the thing does not claim it within the claim period for the thing; and the chief executive reasonably believes the thing has a market value of more than $500.\n(sec.154K-ssec.2) The chief executive may sell the seized thing in the way the chief executive considers will best realise its market value.\n(sec.154K-ssec.3) Before selling the seized thing, the chief executive must publish a notice on the department’s website— identifying the thing; and stating how and when it is to be sold.\n(sec.154K-ssec.4) If the seized thing is not sold, the chief executive may dispose of it in the way the chief executive considers appropriate.\n- (a) a seizure notice is given for the thing; and\n- (b) the owner of the thing does not claim it within the claim period for the thing; and\n- (c) the chief executive reasonably believes the thing has a market value of more than $500.\n- (a) identifying the thing; and\n- (b) stating how and when it is to be sold.","sortOrder":361},{"sectionNumber":"sec.154L","sectionType":"section","heading":"Sale and disposal of seized thing with market value of $500 or less","content":"### sec.154L Sale and disposal of seized thing with market value of $500 or less\n\nThis section applies to a seized thing, other than a dangerous seized thing, if the chief executive reasonably believes the thing does not have a market value of more than $500.\nThe chief executive may—\nsell the thing in the way the chief executive considers will best realise its market value; or\nif the chief executive considers the thing does not have a market value—dispose of it.\ns 154L ins 2022 No. 21 s 15\n(sec.154L-ssec.1) This section applies to a seized thing, other than a dangerous seized thing, if the chief executive reasonably believes the thing does not have a market value of more than $500.\n(sec.154L-ssec.2) The chief executive may— sell the thing in the way the chief executive considers will best realise its market value; or if the chief executive considers the thing does not have a market value—dispose of it.\n- (a) sell the thing in the way the chief executive considers will best realise its market value; or\n- (b) if the chief executive considers the thing does not have a market value—dispose of it.","sortOrder":362},{"sectionNumber":"sec.154M","sectionType":"section","heading":"Application of proceeds of sale","content":"### sec.154M Application of proceeds of sale\n\nIf the chief executive sells a seized thing under this subdivision, the proceeds of the sale must be applied in the following order—\nin payment of the reasonable expenses of the chief executive incurred in the sale;\nin payment of the reasonable costs of the following activities—\nseizing, removing and holding the thing;\ngiving a seizure notice for the thing;\nrestoring the place of seizure of the thing, as nearly as practicable, to its former state;\nin payment of any balance to the owner of the thing.\ns 154M ins 2022 No. 21 s 15\n- (a) in payment of the reasonable expenses of the chief executive incurred in the sale;\n- (b) in payment of the reasonable costs of the following activities— (i) seizing, removing and holding the thing; (ii) giving a seizure notice for the thing; (iii) restoring the place of seizure of the thing, as nearly as practicable, to its former state;\n- (i) seizing, removing and holding the thing;\n- (ii) giving a seizure notice for the thing;\n- (iii) restoring the place of seizure of the thing, as nearly as practicable, to its former state;\n- (c) in payment of any balance to the owner of the thing.\n- (i) seizing, removing and holding the thing;\n- (ii) giving a seizure notice for the thing;\n- (iii) restoring the place of seizure of the thing, as nearly as practicable, to its former state;","sortOrder":363},{"sectionNumber":"sec.154N","sectionType":"section","heading":"Compensation not payable","content":"### sec.154N Compensation not payable\n\nCompensation is not payable for the sale or disposal, under this subdivision, of a seized thing by the chief executive.\ns 154N ins 2022 No. 21 s 15","sortOrder":364},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":365},{"sectionNumber":"sec.154O","sectionType":"section","heading":"Offence to interfere","content":"### sec.154O Offence to interfere\n\nThis section applies in relation to a thing seized under division 1 or 2 .\nA person must not do, or attempt to do, any of the following, unless the person has a reasonable excuse—\ntamper with the thing;\ntamper with an action taken under section 152A (1) (b) to restrict access to the thing;\nenter, or be at, the place where the thing is being kept;\nmove the thing from the place where it is being kept;\nhave the thing in the person’s possession.\nMaximum penalty—\nfor a thing seized under division 1 —500 penalty units; or\notherwise—100 penalty units.\nSubsection (2) does not apply if—\nthe person is the chief executive or a conservation officer; or\nthe person is doing something mentioned in subsection (2) that the person is asked, or authorised, by a conservation officer to do; or\nin relation to wildlife—the person from whom the wildlife is seized—\nis complying with a direction for the wildlife given under section 152A (3) (e) ; and\ndoes not, without the written authority of a conservation officer, take the wildlife from its place of seizure.\ns 154O ins 2022 No. 21 s 15\n(sec.154O-ssec.1) This section applies in relation to a thing seized under division 1 or 2 .\n(sec.154O-ssec.2) A person must not do, or attempt to do, any of the following, unless the person has a reasonable excuse— tamper with the thing; tamper with an action taken under section 152A (1) (b) to restrict access to the thing; enter, or be at, the place where the thing is being kept; move the thing from the place where it is being kept; have the thing in the person’s possession. Maximum penalty— for a thing seized under division 1 —500 penalty units; or otherwise—100 penalty units.\n(sec.154O-ssec.3) Subsection (2) does not apply if— the person is the chief executive or a conservation officer; or the person is doing something mentioned in subsection (2) that the person is asked, or authorised, by a conservation officer to do; or in relation to wildlife—the person from whom the wildlife is seized— is complying with a direction for the wildlife given under section 152A (3) (e) ; and does not, without the written authority of a conservation officer, take the wildlife from its place of seizure.\n- (a) tamper with the thing;\n- (b) tamper with an action taken under section 152A (1) (b) to restrict access to the thing;\n- (c) enter, or be at, the place where the thing is being kept;\n- (d) move the thing from the place where it is being kept;\n- (e) have the thing in the person’s possession.\n- (a) for a thing seized under division 1 —500 penalty units; or\n- (b) otherwise—100 penalty units.\n- (a) the person is the chief executive or a conservation officer; or\n- (b) the person is doing something mentioned in subsection (2) that the person is asked, or authorised, by a conservation officer to do; or\n- (c) in relation to wildlife—the person from whom the wildlife is seized— (i) is complying with a direction for the wildlife given under section 152A (3) (e) ; and (ii) does not, without the written authority of a conservation officer, take the wildlife from its place of seizure.\n- (i) is complying with a direction for the wildlife given under section 152A (3) (e) ; and\n- (ii) does not, without the written authority of a conservation officer, take the wildlife from its place of seizure.\n- (i) is complying with a direction for the wildlife given under section 152A (3) (e) ; and\n- (ii) does not, without the written authority of a conservation officer, take the wildlife from its place of seizure.","sortOrder":366},{"sectionNumber":"sec.155","sectionType":"section","heading":"Obstructing conservation officer","content":"### sec.155 Obstructing conservation officer\n\nA person must not obstruct a conservation officer in the performance of a function or the exercise of a power under this Act.\nA person is taken to obstruct a conservation officer in the performance of a function or the exercise of a power under this Act if the person—\nassaults, abuses, hinders, resists or intimidates the officer or a person assisting the officer in the performance of the officer’s functions or exercise of the officer’s powers under this Act; or\ndeliberately prevents or attempts to prevent (whether directly or indirectly) a person from—\nbeing questioned by a conservation officer; or\ngiving, under this Act, any information or document to a conservation officer; or\nin any other way obstructs, or attempts to obstruct, a conservation officer in the performance of the officer’s functions or exercise of the officer’s powers under this Act.\nMaximum penalty—165 penalty units or 1 year’s imprisonment.\ns 155 amd 2022 No. 21 s 16\n(sec.155-ssec.1) A person must not obstruct a conservation officer in the performance of a function or the exercise of a power under this Act.\n(sec.155-ssec.2) A person is taken to obstruct a conservation officer in the performance of a function or the exercise of a power under this Act if the person— assaults, abuses, hinders, resists or intimidates the officer or a person assisting the officer in the performance of the officer’s functions or exercise of the officer’s powers under this Act; or deliberately prevents or attempts to prevent (whether directly or indirectly) a person from— being questioned by a conservation officer; or giving, under this Act, any information or document to a conservation officer; or in any other way obstructs, or attempts to obstruct, a conservation officer in the performance of the officer’s functions or exercise of the officer’s powers under this Act. Maximum penalty—165 penalty units or 1 year’s imprisonment.\n- (a) assaults, abuses, hinders, resists or intimidates the officer or a person assisting the officer in the performance of the officer’s functions or exercise of the officer’s powers under this Act; or\n- (b) deliberately prevents or attempts to prevent (whether directly or indirectly) a person from— (i) being questioned by a conservation officer; or (ii) giving, under this Act, any information or document to a conservation officer; or\n- (i) being questioned by a conservation officer; or\n- (ii) giving, under this Act, any information or document to a conservation officer; or\n- (c) in any other way obstructs, or attempts to obstruct, a conservation officer in the performance of the officer’s functions or exercise of the officer’s powers under this Act.\n- (i) being questioned by a conservation officer; or\n- (ii) giving, under this Act, any information or document to a conservation officer; or","sortOrder":367},{"sectionNumber":"sec.157","sectionType":"section","heading":"False or misleading information","content":"### sec.157 False or misleading information\n\nA person must not—\nmake a statement to a conservation officer that the person knows is false or misleading in a material particular; or\nomit from a statement made to a conservation officer anything without which the statement is, to the person’s knowledge, misleading in a material particular.\nMaximum penalty—100 penalty units.\nA complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states that the information given was false or misleading to the person’s knowledge.\n(sec.157-ssec.1) A person must not— make a statement to a conservation officer that the person knows is false or misleading in a material particular; or omit from a statement made to a conservation officer anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.157-ssec.2) A complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states that the information given was false or misleading to the person’s knowledge.\n- (a) make a statement to a conservation officer that the person knows is false or misleading in a material particular; or\n- (b) omit from a statement made to a conservation officer anything without which the statement is, to the person’s knowledge, misleading in a material particular.","sortOrder":368},{"sectionNumber":"sec.159","sectionType":"section","heading":"Impersonating conservation officer","content":"### sec.159 Impersonating conservation officer\n\nA person must not pretend to be a conservation officer.\nMaximum penalty—50 penalty units.\ns 159 amd 2022 No. 21 s 64 s ch 1 pt 1","sortOrder":369},{"sectionNumber":"sec.159A","sectionType":"section","heading":"Impersonating ranger","content":"### sec.159A Impersonating ranger\n\nA person who is not a ranger must not, in any way, hold out that the person is a ranger in or for a protected area.\nMaximum penalty—50 penalty units.\nIn this section—\nauthorised , by the State, means—\nemployed or engaged by the State; or\nauthorised under an arrangement entered into by or for the State.\nranger means a person who is authorised by the State—\nto act in a position as a ranger; or\nto perform a function ordinarily performed by a person mentioned in paragraph (a) .\ns 159A ins 2022 No. 21 s 18\n(sec.159A-ssec.1) A person who is not a ranger must not, in any way, hold out that the person is a ranger in or for a protected area. Maximum penalty—50 penalty units.\n(sec.159A-ssec.2) In this section— authorised , by the State, means— employed or engaged by the State; or authorised under an arrangement entered into by or for the State. ranger means a person who is authorised by the State— to act in a position as a ranger; or to perform a function ordinarily performed by a person mentioned in paragraph (a) .\n- (a) employed or engaged by the State; or\n- (b) authorised under an arrangement entered into by or for the State.\n- (a) to act in a position as a ranger; or\n- (b) to perform a function ordinarily performed by a person mentioned in paragraph (a) .","sortOrder":370},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":371},{"sectionNumber":"sec.159B","sectionType":"section","heading":"Court may order compensation","content":"### sec.159B Court may order compensation\n\nA person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this part, including, for example, in complying with a requirement made of the person under this part.\nPayment of compensation may be claimed and ordered in a proceeding for—\ncompensation brought in a court of competent jurisdiction; or\nan offence against this Act brought against the person making the claim for compensation.\nA court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.\nThis section is subject to section 154N .\ns 159B (prev s 156) ins 1994 No. 42 s 43\namd 2022 No. 21 s 17 (1)\nreloc and renum 2022 No. 21 s 17 (2)\n(sec.159B-ssec.1) A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under this part, including, for example, in complying with a requirement made of the person under this part.\n(sec.159B-ssec.2) Payment of compensation may be claimed and ordered in a proceeding for— compensation brought in a court of competent jurisdiction; or an offence against this Act brought against the person making the claim for compensation.\n(sec.159B-ssec.3) A court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.159B-ssec.4) This section is subject to section 154N .\n- (a) compensation brought in a court of competent jurisdiction; or\n- (b) an offence against this Act brought against the person making the claim for compensation.","sortOrder":372},{"sectionNumber":"pt.10","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":373},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Proceedings and offences generally","content":"## Proceedings and offences generally","sortOrder":374},{"sectionNumber":"sec.160","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.160 Evidentiary provisions\n\nThis section applies to any proceeding under or in relation to this Act.\nIt is not necessary to prove the appointment of a conservation officer or the authority of a conservation officer to do any act under this Act.\nA signature purporting to be that of the chief executive or a conservation officer is evidence of the signature it purports to be.\nA certificate purporting to be signed by the chief executive stating that—\na stated document is a copy of a notice, order, licence, permit or other authority issued or given under this Act; or\non a stated day, or during a stated period, a stated person was or was not the holder of a licence, permit or other authority issued or given under this or another Act; or\na licence, permit or other authority was or was not issued or given for a stated term, or was or was not subject to stated conditions; or\non a day mentioned in the certificate, a stated person was given a notice under this Act; or\na stated document is a copy of a part of a register kept under this Act; or\nan amount payable under this Act has not been paid by a stated person;\nis evidence of the matter stated in the certificate.\nA statement in a complaint starting the proceeding of any of the following matters is evidence of the matters—\nthat the matter of the complaint came to the knowledge of the complainant on a stated day;\nthat stated wildlife is a stated class of wildlife under this Act;\nthat the whole or any part of—\nthe progeny, larvae, pupae, eggs or genetic or reproductive material of an animal; or\nthe carcass or another part of an animal; or\nthe flowers, seeds or genetic or reproductive material of a plant;\nis, or is from, a stated taxon, species or class of wildlife;\nthat wildlife is or is not indigenous to Australia or indigenous to the State;\nthat the place where the offence was committed was in a stated protected area or in a stated zone in a stated protected area.\nIn a proceeding for an offence that an act or omission was committed in a protected area, it is not necessary to prove the particular protected area in which the offence was committed.\nIn this section—\nindigenous to the State in relation to wildlife, means—\nwildlife that was not originally introduced to the State by human intervention (other than wildlife introduced before the year 1600); or\na migratory animal that periodically or occasionally migrates to, or visits, the State;\nbut does not include wildlife that was introduced to another part of Australia by human intervention after the year 1600 and later spread naturally to the State.\ns 160 amd 1994 No. 42 s 2 sch ; 2004 No. 53 s 2 sch ; 2004 No. 48 s 181\n(sec.160-ssec.1) This section applies to any proceeding under or in relation to this Act.\n(sec.160-ssec.2) It is not necessary to prove the appointment of a conservation officer or the authority of a conservation officer to do any act under this Act.\n(sec.160-ssec.3) A signature purporting to be that of the chief executive or a conservation officer is evidence of the signature it purports to be.\n(sec.160-ssec.4) A certificate purporting to be signed by the chief executive stating that— a stated document is a copy of a notice, order, licence, permit or other authority issued or given under this Act; or on a stated day, or during a stated period, a stated person was or was not the holder of a licence, permit or other authority issued or given under this or another Act; or a licence, permit or other authority was or was not issued or given for a stated term, or was or was not subject to stated conditions; or on a day mentioned in the certificate, a stated person was given a notice under this Act; or a stated document is a copy of a part of a register kept under this Act; or an amount payable under this Act has not been paid by a stated person; is evidence of the matter stated in the certificate.\n(sec.160-ssec.5) A statement in a complaint starting the proceeding of any of the following matters is evidence of the matters— that the matter of the complaint came to the knowledge of the complainant on a stated day; that stated wildlife is a stated class of wildlife under this Act; that the whole or any part of— the progeny, larvae, pupae, eggs or genetic or reproductive material of an animal; or the carcass or another part of an animal; or the flowers, seeds or genetic or reproductive material of a plant; is, or is from, a stated taxon, species or class of wildlife; that wildlife is or is not indigenous to Australia or indigenous to the State; that the place where the offence was committed was in a stated protected area or in a stated zone in a stated protected area.\n(sec.160-ssec.6) In a proceeding for an offence that an act or omission was committed in a protected area, it is not necessary to prove the particular protected area in which the offence was committed.\n(sec.160-ssec.7) In this section— indigenous to the State in relation to wildlife, means— wildlife that was not originally introduced to the State by human intervention (other than wildlife introduced before the year 1600); or a migratory animal that periodically or occasionally migrates to, or visits, the State; but does not include wildlife that was introduced to another part of Australia by human intervention after the year 1600 and later spread naturally to the State.\n- (a) a stated document is a copy of a notice, order, licence, permit or other authority issued or given under this Act; or\n- (b) on a stated day, or during a stated period, a stated person was or was not the holder of a licence, permit or other authority issued or given under this or another Act; or\n- (c) a licence, permit or other authority was or was not issued or given for a stated term, or was or was not subject to stated conditions; or\n- (d) on a day mentioned in the certificate, a stated person was given a notice under this Act; or\n- (e) a stated document is a copy of a part of a register kept under this Act; or\n- (f) an amount payable under this Act has not been paid by a stated person;\n- (a) that the matter of the complaint came to the knowledge of the complainant on a stated day;\n- (b) that stated wildlife is a stated class of wildlife under this Act;\n- (c) that the whole or any part of— (i) the progeny, larvae, pupae, eggs or genetic or reproductive material of an animal; or (ii) the carcass or another part of an animal; or (iii) the flowers, seeds or genetic or reproductive material of a plant; is, or is from, a stated taxon, species or class of wildlife;\n- (i) the progeny, larvae, pupae, eggs or genetic or reproductive material of an animal; or\n- (ii) the carcass or another part of an animal; or\n- (iii) the flowers, seeds or genetic or reproductive material of a plant;\n- (d) that wildlife is or is not indigenous to Australia or indigenous to the State;\n- (e) that the place where the offence was committed was in a stated protected area or in a stated zone in a stated protected area.\n- (i) the progeny, larvae, pupae, eggs or genetic or reproductive material of an animal; or\n- (ii) the carcass or another part of an animal; or\n- (iii) the flowers, seeds or genetic or reproductive material of a plant;\n- (a) wildlife that was not originally introduced to the State by human intervention (other than wildlife introduced before the year 1600); or\n- (b) a migratory animal that periodically or occasionally migrates to, or visits, the State;","sortOrder":375},{"sectionNumber":"sec.161","sectionType":"section","heading":"Conduct of executive officers, servants and agents","content":"### sec.161 Conduct of executive officers, servants and agents\n\nIf, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a corporation in relation to particular conduct, it is sufficient to show—\nthat the conduct was engaged in by an executive officer, servant or agent of the corporation within the scope of his or her actual or apparent authority; and\nthat the executive officer, servant or agent had the state of mind.\nAny conduct engaged in on behalf of a corporation by an executive officer, servant or agent of the corporation within the scope of his or her actual or apparent authority is to be taken, in a proceeding for an offence against this Act, to have been engaged in also by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\nIf, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a person other than a corporation in relation to particular conduct, it is sufficient to show—\nthat the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and\nthat the servant or agent had the state of mind.\nAny conduct engaged in on behalf of a person other than a corporation by a servant or agent of the person within the scope of his or her actual or apparent authority is to be taken, in a proceeding for an offence against this Act, to have been engaged in also by the first person unless the first person establishes that the person took reasonable precautions and exercised due diligence to avoid the conduct.\nIf—\na person other than a corporation is convicted of an offence; and\nthe person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\nthe person is not liable to be punished by imprisonment for the offence.\nIn this section—\nengaging in conduct includes failing to engage in conduct.\nstate of mind of a person includes a reference to—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\ns 161 prev s 161 exp 19 December 1994 (see s 180(1))\n(sec.161-ssec.1) If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a corporation in relation to particular conduct, it is sufficient to show— that the conduct was engaged in by an executive officer, servant or agent of the corporation within the scope of his or her actual or apparent authority; and that the executive officer, servant or agent had the state of mind.\n(sec.161-ssec.2) Any conduct engaged in on behalf of a corporation by an executive officer, servant or agent of the corporation within the scope of his or her actual or apparent authority is to be taken, in a proceeding for an offence against this Act, to have been engaged in also by the corporation unless the corporation establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n(sec.161-ssec.3) If, in a proceeding for an offence against this Act, it is necessary to establish the state of mind of a person other than a corporation in relation to particular conduct, it is sufficient to show— that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and that the servant or agent had the state of mind.\n(sec.161-ssec.4) Any conduct engaged in on behalf of a person other than a corporation by a servant or agent of the person within the scope of his or her actual or apparent authority is to be taken, in a proceeding for an offence against this Act, to have been engaged in also by the first person unless the first person establishes that the person took reasonable precautions and exercised due diligence to avoid the conduct.\n(sec.161-ssec.5) If— a person other than a corporation is convicted of an offence; and the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted; the person is not liable to be punished by imprisonment for the offence.\n(sec.161-ssec.6) In this section— engaging in conduct includes failing to engage in conduct. state of mind of a person includes a reference to— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) that the conduct was engaged in by an executive officer, servant or agent of the corporation within the scope of his or her actual or apparent authority; and\n- (b) that the executive officer, servant or agent had the state of mind.\n- (a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and\n- (b) that the servant or agent had the state of mind.\n- (a) a person other than a corporation is convicted of an offence; and\n- (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":376},{"sectionNumber":"sec.162","sectionType":"section","heading":"Executive officers must ensure corporation complies with Act","content":"### sec.162 Executive officers must ensure corporation complies with Act\n\nThe executive officers of a corporation must ensure that the corporation complies with this Act.\nIf a corporation commits an offence against a provision of this Act, each of the executive officers of the corporation also commit an offence, namely, the offence of failing to ensure that the corporation complies with this Act.\nMaximum penalty—the penalty for the contravention of the provision by an individual.\nEvidence that the corporation has committed an offence against this Act is evidence that each of the executive officers committed the offence of failing to ensure that the corporation complies with this Act.\nHowever, it is a defence for an executive officer to prove that—\nthe corporation’s offence was committed without the officer’s knowledge or consent; and\nthe officer took all reasonable steps to ensure that the corporation complied with this Act.\ns 162 prev s 162 exp 19 December 1994 (see s 180(1))\npres s 162 ins 1994 No. 42 s 44\n(sec.162-ssec.1) The executive officers of a corporation must ensure that the corporation complies with this Act.\n(sec.162-ssec.2) If a corporation commits an offence against a provision of this Act, each of the executive officers of the corporation also commit an offence, namely, the offence of failing to ensure that the corporation complies with this Act. Maximum penalty—the penalty for the contravention of the provision by an individual.\n(sec.162-ssec.3) Evidence that the corporation has committed an offence against this Act is evidence that each of the executive officers committed the offence of failing to ensure that the corporation complies with this Act.\n(sec.162-ssec.4) However, it is a defence for an executive officer to prove that— the corporation’s offence was committed without the officer’s knowledge or consent; and the officer took all reasonable steps to ensure that the corporation complied with this Act.\n- (a) the corporation’s offence was committed without the officer’s knowledge or consent; and\n- (b) the officer took all reasonable steps to ensure that the corporation complied with this Act.","sortOrder":377},{"sectionNumber":"sec.163","sectionType":"section","heading":"Offence committed over a period","content":"### sec.163 Offence committed over a period\n\nThis section applies to the offence of taking—\na cultural or natural resource in contravention of section 62 ; or\nprotected wildlife in contravention of section 88 or 89 ; or\nnative wildlife in contravention of section 97 .\nIf the day or days on which a person is alleged to have committed the offence can not be established, the person may—\nbe charged with 1 offence of taking the resource or wildlife over, or at some unknown time during, a specified period; and\nbe convicted and punished accordingly.\ns 163 prev s 163 exp 19 December 1994 (see s 180(1))\n(sec.163-ssec.1) This section applies to the offence of taking— a cultural or natural resource in contravention of section 62 ; or protected wildlife in contravention of section 88 or 89 ; or native wildlife in contravention of section 97 .\n(sec.163-ssec.2) If the day or days on which a person is alleged to have committed the offence can not be established, the person may— be charged with 1 offence of taking the resource or wildlife over, or at some unknown time during, a specified period; and be convicted and punished accordingly.\n- (a) a cultural or natural resource in contravention of section 62 ; or\n- (b) protected wildlife in contravention of section 88 or 89 ; or\n- (c) native wildlife in contravention of section 97 .\n- (a) be charged with 1 offence of taking the resource or wildlife over, or at some unknown time during, a specified period; and\n- (b) be convicted and punished accordingly.","sortOrder":378},{"sectionNumber":"sec.164","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.164 Indictable and summary offences\n\nAn offence against this Act for which the maximum penalty of imprisonment is 2 years or more is an indictable offence, and is a misdemeanour.\nAny other offence against this Act is a summary offence.\nTo remove any doubt, it is declared that a class 2, 3 or 4 offence under section 88 or 89 is a summary offence.\ns 164 prev s 164 exp 19 December 1994 (see s 180(1))\npres s 164 sub 1994 No. 42 s 45\namd 2003 No. 96 s 22 ; 2004 No. 48 s 182 ; 2007 No. 56 s 40\n(sec.164-ssec.1) An offence against this Act for which the maximum penalty of imprisonment is 2 years or more is an indictable offence, and is a misdemeanour.\n(sec.164-ssec.2) Any other offence against this Act is a summary offence.\n(sec.164-ssec.3) To remove any doubt, it is declared that a class 2, 3 or 4 offence under section 88 or 89 is a summary offence.","sortOrder":379},{"sectionNumber":"sec.164A","sectionType":"section","heading":null,"content":"### Section sec.164A\n\ns 164A ins 1994 No. 42 s 48\nexp 19 December 1994 (see s 180(1))","sortOrder":380},{"sectionNumber":"sec.165","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.165 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate considers that the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by section 104 (2) (b) of the Justices Act 1886 .\nThe maximum penalty of imprisonment that may be summarily imposed for an indictable offence is 1 year’s imprisonment.\ns 165 prev s 165 sub 1994 No. 42 s 49\nexp 19 December 1994 (see s 180(1))\npres s 165 ins 1994 No. 42 s 45\namd 2004 No. 48 s 183\n(sec.165-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.165-ssec.2) A magistrate must not hear an indictable offence summarily if— the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or the magistrate considers that the charge should be prosecuted on indictment.\n(sec.165-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by section 104 (2) (b) of the Justices Act 1886 .\n(sec.165-ssec.4) The maximum penalty of imprisonment that may be summarily imposed for an indictable offence is 1 year’s imprisonment.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate considers that the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by section 104 (2) (b) of the Justices Act 1886 .","sortOrder":381},{"sectionNumber":"sec.166","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.166 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\ns 166 prev s 166 exp 19 December 1994 (see s 180(1))\npres s 166 ins 1994 No. 42 s 45\n(sec.166-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.166-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":382},{"sectionNumber":"sec.167","sectionType":"section","heading":"Limitation on time for starting summary proceedings","content":"### sec.167 Limitation on time for starting summary proceedings\n\nA proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 must start—\nwithin 1 year after—\nthe commission of the offence; or\nthe offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence;\nwhichever is the later; or\nif section 163 applies to the offence—within 1 year after—\nthe end of the relevant period; or\nthe offence comes to the complainant’s knowledge, but not later than 2 years after the end of the relevant period;\nwhichever is the later.\ns 167 prev s 167 om 1994 No. 42 s 2 sch\npres s 167 ins 1994 No. 42 s 45\namd 2000 No. 44 s 39 ; 2011 No. 6 s 142 sch ; 2011 No. 26 s 189 sch (amdt could not be given effect)\n- (a) within 1 year after— (i) the commission of the offence; or (ii) the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence; whichever is the later; or\n- (i) the commission of the offence; or\n- (ii) the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence;\n- (b) if section 163 applies to the offence—within 1 year after— (i) the end of the relevant period; or (ii) the offence comes to the complainant’s knowledge, but not later than 2 years after the end of the relevant period; whichever is the later.\n- (i) the end of the relevant period; or\n- (ii) the offence comes to the complainant’s knowledge, but not later than 2 years after the end of the relevant period;\n- (i) the commission of the offence; or\n- (ii) the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence;\n- (i) the end of the relevant period; or\n- (ii) the offence comes to the complainant’s knowledge, but not later than 2 years after the end of the relevant period;","sortOrder":383},{"sectionNumber":"sec.168","sectionType":"section","heading":"Court may order costs of rehabilitation or restoration","content":"### sec.168 Court may order costs of rehabilitation or restoration\n\nOn a conviction of a person for an offence against this Act, the court may order the person to pay to the State such amount as it considers appropriate for, or towards, the cost of rehabilitation or restoration of a critical habitat, cultural or natural resource or protected area.\ns 168 prev s 168 exp 19 December 1994 (see s 180(1))","sortOrder":384},{"sectionNumber":"sec.169","sectionType":"section","heading":"Additional penalty—conservation value of protected wildlife","content":"### sec.169 Additional penalty—conservation value of protected wildlife\n\nA person who is convicted of an offence of taking—\na natural resource that is protected wildlife in contravention of section 62 ; or\nprotected wildlife in contravention of section 88 or 89 ;\nis liable to an additional penalty of not more than twice the conservation value of the protected wildlife in relation to which the offence is committed.\ns 169 prev s 169 exp 19 December 1994 (see s 180(1))\n- (a) a natural resource that is protected wildlife in contravention of section 62 ; or\n- (b) protected wildlife in contravention of section 88 or 89 ;","sortOrder":385},{"sectionNumber":"sec.169A","sectionType":"section","heading":null,"content":"### Section sec.169A\n\ns 169A ins 1994 No. 42 s 51\nexp 19 December 1994 (see s 180(1))","sortOrder":386},{"sectionNumber":"sec.170","sectionType":"section","heading":null,"content":"### Section sec.170\n\ns 170 amd 1994 No. 42 s 2 sch\nom 2000 No. 5 s 373 sch 3","sortOrder":387},{"sectionNumber":"sec.171","sectionType":"section","heading":"Disposal of cultural or natural resources and protected wildlife owned by State","content":"### sec.171 Disposal of cultural or natural resources and protected wildlife owned by State\n\nThis section applies to a cultural or natural resource or protected wildlife that—\nis the property of the State; and\nhas been seized under this Act in relation to an offence against this Act.\nDespite any other provision of this Act, if the chief executive is satisfied that it is necessary to do so—\nin the interests of the welfare of the resource or wildlife; or\nfor the protection of the resource or wildlife;\nthe chief executive may direct that the resource or wildlife be disposed of in such a way as the chief executive considers appropriate.\nSubsection (2) applies even though a proceeding has not been taken for, or a person convicted of, the offence.\n(sec.171-ssec.1) This section applies to a cultural or natural resource or protected wildlife that— is the property of the State; and has been seized under this Act in relation to an offence against this Act.\n(sec.171-ssec.2) Despite any other provision of this Act, if the chief executive is satisfied that it is necessary to do so— in the interests of the welfare of the resource or wildlife; or for the protection of the resource or wildlife; the chief executive may direct that the resource or wildlife be disposed of in such a way as the chief executive considers appropriate.\n(sec.171-ssec.3) Subsection (2) applies even though a proceeding has not been taken for, or a person convicted of, the offence.\n- (a) is the property of the State; and\n- (b) has been seized under this Act in relation to an offence against this Act.\n- (a) in the interests of the welfare of the resource or wildlife; or\n- (b) for the protection of the resource or wildlife;","sortOrder":388},{"sectionNumber":"sec.172","sectionType":"section","heading":"Disposal of wildlife etc. not owned by State","content":"### sec.172 Disposal of wildlife etc. not owned by State\n\nIf a person is convicted of an offence against this Act, any wildlife in relation to which the offence was committed that is not already the property of the State—\nis forfeited to the State; and\nmust be disposed of in such a way as the chief executive directs.\nIf—\na person is convicted of an offence against this Act; and\na direction is not given under section 171 for the disposal of any cultural or natural resource in relation to which the offence was committed;\nthe court may make such order, as it considers appropriate, for the disposal of the cultural or natural resource.\nForfeiture of wildlife under subsection (1) (a) does not confer a right to compensation on any person.\nSubject to subsection (5) , if a person is convicted of an offence against this Act, the court may order that anything in relation to which the offence was committed that has been seized be forfeited to the State.\nIf the court is satisfied that—\nthe thing is another person’s property and the other person has exercised due diligence to prevent a contravention of this Act; and\nthe offence has been committed without the person’s knowledge, consent or help;\nthe court may order that the thing be given to the person on such conditions as the court considers appropriate.\nA person who contravenes a condition of a court order made under subsection (5) commits an offence against this Act.\nMaximum penalty for subsection (6) —50 penalty units.\ns 172 ins 1994 No. 42 s 52\n(sec.172-ssec.1) If a person is convicted of an offence against this Act, any wildlife in relation to which the offence was committed that is not already the property of the State— is forfeited to the State; and must be disposed of in such a way as the chief executive directs.\n(sec.172-ssec.2) If— a person is convicted of an offence against this Act; and a direction is not given under section 171 for the disposal of any cultural or natural resource in relation to which the offence was committed; the court may make such order, as it considers appropriate, for the disposal of the cultural or natural resource.\n(sec.172-ssec.3) Forfeiture of wildlife under subsection (1) (a) does not confer a right to compensation on any person.\n(sec.172-ssec.4) Subject to subsection (5) , if a person is convicted of an offence against this Act, the court may order that anything in relation to which the offence was committed that has been seized be forfeited to the State.\n(sec.172-ssec.5) If the court is satisfied that— the thing is another person’s property and the other person has exercised due diligence to prevent a contravention of this Act; and the offence has been committed without the person’s knowledge, consent or help; the court may order that the thing be given to the person on such conditions as the court considers appropriate.\n(sec.172-ssec.6) A person who contravenes a condition of a court order made under subsection (5) commits an offence against this Act. Maximum penalty for subsection (6) —50 penalty units.\n- (a) is forfeited to the State; and\n- (b) must be disposed of in such a way as the chief executive directs.\n- (a) a person is convicted of an offence against this Act; and\n- (b) a direction is not given under section 171 for the disposal of any cultural or natural resource in relation to which the offence was committed;\n- (a) the thing is another person’s property and the other person has exercised due diligence to prevent a contravention of this Act; and\n- (b) the offence has been committed without the person’s knowledge, consent or help;","sortOrder":389},{"sectionNumber":"sec.173","sectionType":"section","heading":"Penalties payable to consolidated fund","content":"### sec.173 Penalties payable to consolidated fund\n\nAll penalties ordered to be paid in relation to offences against this Act must be paid into the consolidated fund.","sortOrder":390},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Proceedings for declarations and enforcement orders","content":"## Proceedings for declarations and enforcement orders","sortOrder":391},{"sectionNumber":"sec.173A","sectionType":"section","heading":"Definitions for div 2","content":"### sec.173A Definitions for div 2\n\nIn this division—\ncourt means the Planning and Environment Court.\nnominated offence means an offence against section 62 , 88 , 88A , 89 , 90 , 91 , 92 , 94 , 97 or 109 .\ns 173A def nominated offence amd 2004 No. 48 s 184\nperson includes a body of persons, whether incorporated or unincorporated.\ns 173A ins 2003 No. 96 s 23","sortOrder":392},{"sectionNumber":"sec.173B","sectionType":"section","heading":"Court may make declarations","content":"### sec.173B Court may make declarations\n\nA person may bring a proceeding in the court for a declaration about a following matter, other than an excluded matter—\na matter that has been, is to be or should have been done for this Act;\nthe construction of—\nthis Act, including, for example, a conservation plan or a management plan; or\nan authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or\na licence, permit or other authority issued or given under a regulation;\nthe lawfulness under this Act of an activity.\nThe court has jurisdiction to hear and decide a proceeding for a declaration under this section.\nA person who starts a proceeding under this section must, within 7 days after the person starts the proceeding, give the chief executive written notice of the proceeding.\nMaximum penalty—20 penalty units.\nThe Minister or the chief executive may choose to be a party to the proceeding by filing in the court a notice of election in the form approved by the chief executive.\nIn this section—\nexcluded matter means a matter relating to—\na licence, permit or other authority issued or given under a regulation authorising—\nthe recreational keeping of wildlife; or\nthe care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or\ncamping in protected areas.\ns 173B ins 2003 No. 96 s 23\n(sec.173B-ssec.1) A person may bring a proceeding in the court for a declaration about a following matter, other than an excluded matter— a matter that has been, is to be or should have been done for this Act; the construction of— this Act, including, for example, a conservation plan or a management plan; or an authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or a licence, permit or other authority issued or given under a regulation; the lawfulness under this Act of an activity.\n(sec.173B-ssec.2) The court has jurisdiction to hear and decide a proceeding for a declaration under this section.\n(sec.173B-ssec.3) A person who starts a proceeding under this section must, within 7 days after the person starts the proceeding, give the chief executive written notice of the proceeding. Maximum penalty—20 penalty units.\n(sec.173B-ssec.4) The Minister or the chief executive may choose to be a party to the proceeding by filing in the court a notice of election in the form approved by the chief executive.\n(sec.173B-ssec.5) In this section— excluded matter means a matter relating to— a licence, permit or other authority issued or given under a regulation authorising— the recreational keeping of wildlife; or the care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or camping in protected areas.\n- (a) a matter that has been, is to be or should have been done for this Act;\n- (b) the construction of— (i) this Act, including, for example, a conservation plan or a management plan; or (ii) an authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or (iii) a licence, permit or other authority issued or given under a regulation;\n- (i) this Act, including, for example, a conservation plan or a management plan; or\n- (ii) an authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or\n- (iii) a licence, permit or other authority issued or given under a regulation;\n- (c) the lawfulness under this Act of an activity.\n- (i) this Act, including, for example, a conservation plan or a management plan; or\n- (ii) an authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or\n- (iii) a licence, permit or other authority issued or given under a regulation;\n- (a) a licence, permit or other authority issued or given under a regulation authorising— (i) the recreational keeping of wildlife; or (ii) the care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or\n- (i) the recreational keeping of wildlife; or\n- (ii) the care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or\n- (b) camping in protected areas.\n- (i) the recreational keeping of wildlife; or\n- (ii) the care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or","sortOrder":393},{"sectionNumber":"sec.173C","sectionType":"section","heading":"Court may make orders about declarations","content":"### sec.173C Court may make orders about declarations\n\nThe court may also make an order about a declaration made under section 173B .\ns 173C ins 2003 No. 96 s 23","sortOrder":394},{"sectionNumber":"sec.173D","sectionType":"section","heading":"Proceeding for enforcement orders","content":"### sec.173D Proceeding for enforcement orders\n\nA person may bring a proceeding in the court—\nfor an order to remedy or restrain the commission of a nominated offence (an enforcement order ); or\nif the person has brought a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 173E (an interim enforcement order ); or\nfor an order to cancel or change an enforcement order or interim enforcement order.\nThe person may bring a proceeding for an enforcement order whether or not any right of the person has been, or may be, infringed by, or because of, the commission of the offence.\nIf the chief executive is not a party to a proceeding for an enforcement order, the person must, within 7 days after the person starts the proceeding, give the chief executive written notice of the proceeding.\nMaximum penalty—20 penalty units.\nThe Minister or the chief executive may choose to be a party to the proceeding by filing in the court a notice of election in the form approved by the chief executive.\ns 173D ins 2003 No. 96 s 23\n(sec.173D-ssec.1) A person may bring a proceeding in the court— for an order to remedy or restrain the commission of a nominated offence (an enforcement order ); or if the person has brought a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 173E (an interim enforcement order ); or for an order to cancel or change an enforcement order or interim enforcement order.\n(sec.173D-ssec.2) The person may bring a proceeding for an enforcement order whether or not any right of the person has been, or may be, infringed by, or because of, the commission of the offence.\n(sec.173D-ssec.3) If the chief executive is not a party to a proceeding for an enforcement order, the person must, within 7 days after the person starts the proceeding, give the chief executive written notice of the proceeding. Maximum penalty—20 penalty units.\n(sec.173D-ssec.4) The Minister or the chief executive may choose to be a party to the proceeding by filing in the court a notice of election in the form approved by the chief executive.\n- (a) for an order to remedy or restrain the commission of a nominated offence (an enforcement order ); or\n- (b) if the person has brought a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 173E (an interim enforcement order ); or\n- (c) for an order to cancel or change an enforcement order or interim enforcement order.","sortOrder":395},{"sectionNumber":"sec.173E","sectionType":"section","heading":"Making interim enforcement order","content":"### sec.173E Making interim enforcement order\n\nThe court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order.\nThe court may make the order subject to conditions.\nHowever, the court may not require as a condition of the order that the applicant for the order give an undertaking about damages.\ns 173E ins 2003 No. 96 s 23\n(sec.173E-ssec.1) The court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order.\n(sec.173E-ssec.2) The court may make the order subject to conditions.\n(sec.173E-ssec.3) However, the court may not require as a condition of the order that the applicant for the order give an undertaking about damages.","sortOrder":396},{"sectionNumber":"sec.173F","sectionType":"section","heading":"Making enforcement order","content":"### sec.173F Making enforcement order\n\nThe court may make an enforcement order if the court is satisfied the nominated offence—\nis being or has been committed; or\nwill be committed unless the enforcement order is made.\nIf the court is satisfied the offence is being or has been committed, the court may make an enforcement order whether or not there has been a prosecution for the offence under this Act.\ns 173F ins 2003 No. 96 s 23\n(sec.173F-ssec.1) The court may make an enforcement order if the court is satisfied the nominated offence— is being or has been committed; or will be committed unless the enforcement order is made.\n(sec.173F-ssec.2) If the court is satisfied the offence is being or has been committed, the court may make an enforcement order whether or not there has been a prosecution for the offence under this Act.\n- (a) is being or has been committed; or\n- (b) will be committed unless the enforcement order is made.","sortOrder":397},{"sectionNumber":"sec.173G","sectionType":"section","heading":"Effect of orders","content":"### sec.173G Effect of orders\n\nAn enforcement order or an interim enforcement order may direct a party to the proceeding for the order—\nto stop an activity that constitutes, or will constitute, a nominated offence; or\nnot to start an activity that will constitute a nominated offence; or\nto do anything required to stop committing a nominated offence; or\nto return anything to a condition as close as practicable to the condition it was in immediately before a nominated offence was committed; or\nto do anything to comply with this Act.\nWithout limiting the court’s powers, an enforcement order or an interim enforcement order may require—\nthe repair, demolition or removal of a building; or\nfor a relevant nominated offence—\nthe rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an affected area ); or\nif an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or\nthe planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants.\nAn enforcement order or an interim enforcement order—\nmay be in terms the court considers appropriate to secure compliance with this Act; and\nmust state the time by which the order is to be complied with.\nA person must not contravene an enforcement order or an interim enforcement order.\nMaximum penalty—3,000 penalty units or 2 years imprisonment.\nIn this section—\nrelevant nominated offence means a nominated offence relating to any of the following—\ntaking or interfering with natural or cultural resources of a protected area;\ntaking protected wildlife, other than in a protected area;\ntaking or interfering with native wildlife, other than protected wildlife, in a critical habitat or area of major interest.\nFor paragraph (a) , see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).\nFor paragraph (b) , see sections 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) and 89 (Restriction on taking etc. particular protected plants).\nFor paragraph (c) , see section 97 (Restriction on taking etc. of native wildlife in areas of major interest and critical habitats).\ns 173G ins 2003 No. 96 s 23\namd 2013 No. 50 s 18\n(sec.173G-ssec.1) An enforcement order or an interim enforcement order may direct a party to the proceeding for the order— to stop an activity that constitutes, or will constitute, a nominated offence; or not to start an activity that will constitute a nominated offence; or to do anything required to stop committing a nominated offence; or to return anything to a condition as close as practicable to the condition it was in immediately before a nominated offence was committed; or to do anything to comply with this Act.\n(sec.173G-ssec.2) Without limiting the court’s powers, an enforcement order or an interim enforcement order may require— the repair, demolition or removal of a building; or for a relevant nominated offence— the rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an affected area ); or if an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or the planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants.\n(sec.173G-ssec.3) An enforcement order or an interim enforcement order— may be in terms the court considers appropriate to secure compliance with this Act; and must state the time by which the order is to be complied with.\n(sec.173G-ssec.4) A person must not contravene an enforcement order or an interim enforcement order. Maximum penalty—3,000 penalty units or 2 years imprisonment.\n(sec.173G-ssec.5) In this section— relevant nominated offence means a nominated offence relating to any of the following— taking or interfering with natural or cultural resources of a protected area; taking protected wildlife, other than in a protected area; taking or interfering with native wildlife, other than protected wildlife, in a critical habitat or area of major interest. For paragraph (a) , see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas). For paragraph (b) , see sections 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) and 89 (Restriction on taking etc. particular protected plants). For paragraph (c) , see section 97 (Restriction on taking etc. of native wildlife in areas of major interest and critical habitats).\n- (a) to stop an activity that constitutes, or will constitute, a nominated offence; or\n- (b) not to start an activity that will constitute a nominated offence; or\n- (c) to do anything required to stop committing a nominated offence; or\n- (d) to return anything to a condition as close as practicable to the condition it was in immediately before a nominated offence was committed; or\n- (e) to do anything to comply with this Act.\n- (a) the repair, demolition or removal of a building; or\n- (b) for a relevant nominated offence— (i) the rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an affected area ); or (ii) if an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or (iii) the planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants.\n- (i) the rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an affected area ); or\n- (ii) if an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or\n- (iii) the planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants.\n- (i) the rehabilitation or restoration of a protected area, the habitat of protected wildlife, a critical habitat or an area of major interest (an affected area ); or\n- (ii) if an affected area is not capable of being rehabilitated or restored—the planting and nurturing of cultural or natural resources, wildlife or the habitat of protected wildlife in a stated area of equivalent size to the affected area; or\n- (iii) the planting and nurturing of, or the restoration and rehabilitation of, a protected plant or population of protected plants.\n- (a) may be in terms the court considers appropriate to secure compliance with this Act; and\n- (b) must state the time by which the order is to be complied with.\n- (a) taking or interfering with natural or cultural resources of a protected area;\n- (b) taking protected wildlife, other than in a protected area;\n- (c) taking or interfering with native wildlife, other than protected wildlife, in a critical habitat or area of major interest.\n- 1 For paragraph (a) , see section 62 (Restriction on taking etc. of cultural and natural resources of protected areas).\n- 2 For paragraph (b) , see sections 88 (Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal) and 89 (Restriction on taking etc. particular protected plants).\n- 3 For paragraph (c) , see section 97 (Restriction on taking etc. of native wildlife in areas of major interest and critical habitats).","sortOrder":398},{"sectionNumber":"sec.173H","sectionType":"section","heading":"Court’s powers about orders","content":"### sec.173H Court’s powers about orders\n\nThe court’s power to make an enforcement order or interim enforcement order to stop, or not to start, an activity may be exercised—\nwhether or not it appears to the court that the person against whom the order is made intends to engage, or to continue to engage, in the activity; and\nwhether or not the person against whom the order is made has previously engaged in an activity of the kind; and\nwhether or not there is danger of substantial damage to nature or injury to another person if the person against whom the order is made engages, or continues to engage, in the activity.\nThe court’s power to make an enforcement order or interim enforcement order to do anything may be exercised—\nwhether or not it appears to the court that the person against whom the order is made intends to fail, or to continue to fail, to do the thing; and\nwhether or not the person against whom the order is made has previously failed to do a thing of the kind; and\nwhether or not there is danger of substantial damage to nature or injury to another person if the person against whom the order is made fails, or continues to fail, to do the thing.\nThe court may make an order to cancel or change an enforcement order or interim enforcement order.\nThe court’s power under this section is in addition to its other powers.\ns 173H ins 2003 No. 96 s 23\n(sec.173H-ssec.1) The court’s power to make an enforcement order or interim enforcement order to stop, or not to start, an activity may be exercised— whether or not it appears to the court that the person against whom the order is made intends to engage, or to continue to engage, in the activity; and whether or not the person against whom the order is made has previously engaged in an activity of the kind; and whether or not there is danger of substantial damage to nature or injury to another person if the person against whom the order is made engages, or continues to engage, in the activity.\n(sec.173H-ssec.2) The court’s power to make an enforcement order or interim enforcement order to do anything may be exercised— whether or not it appears to the court that the person against whom the order is made intends to fail, or to continue to fail, to do the thing; and whether or not the person against whom the order is made has previously failed to do a thing of the kind; and whether or not there is danger of substantial damage to nature or injury to another person if the person against whom the order is made fails, or continues to fail, to do the thing.\n(sec.173H-ssec.3) The court may make an order to cancel or change an enforcement order or interim enforcement order.\n(sec.173H-ssec.4) The court’s power under this section is in addition to its other powers.\n- (a) whether or not it appears to the court that the person against whom the order is made intends to engage, or to continue to engage, in the activity; and\n- (b) whether or not the person against whom the order is made has previously engaged in an activity of the kind; and\n- (c) whether or not there is danger of substantial damage to nature or injury to another person if the person against whom the order is made engages, or continues to engage, in the activity.\n- (a) whether or not it appears to the court that the person against whom the order is made intends to fail, or to continue to fail, to do the thing; and\n- (b) whether or not the person against whom the order is made has previously failed to do a thing of the kind; and\n- (c) whether or not there is danger of substantial damage to nature or injury to another person if the person against whom the order is made fails, or continues to fail, to do the thing.","sortOrder":399},{"sectionNumber":"sec.173I","sectionType":"section","heading":"Effect of enforcement order requiring restoration or rehabilitation of land","content":"### sec.173I Effect of enforcement order requiring restoration or rehabilitation of land\n\nThis section applies if—\nthe court makes an enforcement order directing a person (the declared person ) to restore or rehabilitate land; and\nthe declared person has an interest in the land; and\nthe order states that this section applies to the land.\nThe person who started the proceeding for the enforcement order must, as soon as practicable after the enforcement order is made, give the chief executive—\nwritten notice stating that the order has been made; and\na copy of the order.\nMaximum penalty—20 penalty units.\nSubsection (4) applies if the declared person transfers to another person (the transferee ), in any way, all or part of the declared person’s interest in the land.\nTo the extent the land is the subject of the enforcement order, on the transfer—\na reference in the enforcement order to the declared person is taken to be a reference to the transferee; and\nthe enforcement order is taken to have been made against the transferee on the transfer of the interest; and\nany outstanding liability, other than criminal liability, of the declared person becomes a liability of the transferee.\nIf it is not reasonably practical for the transferee to comply with the enforcement order within the time stated in the order, the transferee may apply to the court, under section 173D (1) (c) , for an order to change the enforcement order by extending the time for compliance with the enforcement order.\nTo remove any doubt, it is declared that on the transfer of the interest, the declared person is not criminally liable for any contravention of the enforcement order that happens on or after the transfer of the interest.\nSubsections (4) to (6) have effect in relation to each successor in title to the transferee’s interest in the same way the subsections had effect in relation to the transferee.\ns 173I ins 2003 No. 96 s 23\n(sec.173I-ssec.1) This section applies if— the court makes an enforcement order directing a person (the declared person ) to restore or rehabilitate land; and the declared person has an interest in the land; and the order states that this section applies to the land.\n(sec.173I-ssec.2) The person who started the proceeding for the enforcement order must, as soon as practicable after the enforcement order is made, give the chief executive— written notice stating that the order has been made; and a copy of the order. Maximum penalty—20 penalty units.\n(sec.173I-ssec.3) Subsection (4) applies if the declared person transfers to another person (the transferee ), in any way, all or part of the declared person’s interest in the land.\n(sec.173I-ssec.4) To the extent the land is the subject of the enforcement order, on the transfer— a reference in the enforcement order to the declared person is taken to be a reference to the transferee; and the enforcement order is taken to have been made against the transferee on the transfer of the interest; and any outstanding liability, other than criminal liability, of the declared person becomes a liability of the transferee.\n(sec.173I-ssec.5) If it is not reasonably practical for the transferee to comply with the enforcement order within the time stated in the order, the transferee may apply to the court, under section 173D (1) (c) , for an order to change the enforcement order by extending the time for compliance with the enforcement order.\n(sec.173I-ssec.6) To remove any doubt, it is declared that on the transfer of the interest, the declared person is not criminally liable for any contravention of the enforcement order that happens on or after the transfer of the interest.\n(sec.173I-ssec.7) Subsections (4) to (6) have effect in relation to each successor in title to the transferee’s interest in the same way the subsections had effect in relation to the transferee.\n- (a) the court makes an enforcement order directing a person (the declared person ) to restore or rehabilitate land; and\n- (b) the declared person has an interest in the land; and\n- (c) the order states that this section applies to the land.\n- (a) written notice stating that the order has been made; and\n- (b) a copy of the order.\n- (a) a reference in the enforcement order to the declared person is taken to be a reference to the transferee; and\n- (b) the enforcement order is taken to have been made against the transferee on the transfer of the interest; and\n- (c) any outstanding liability, other than criminal liability, of the declared person becomes a liability of the transferee.","sortOrder":400},{"sectionNumber":"sec.173J","sectionType":"section","heading":"Record in land registry of enforcement order requiring restoration or rehabilitation of land","content":"### sec.173J Record in land registry of enforcement order requiring restoration or rehabilitation of land\n\nAs soon as practicable after receiving a notice under section 173I (2) that the enforcement order has been made, the chief executive must give the registrar of titles written notice of the making of the order.\nThe registrar of titles must keep records showing the enforcement order has been made.\nThe registrar of titles must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land the subject of the enforcement order will show the enforcement order has been made.\ns 173J ins 2003 No. 96 s 23\namd 2021 No. 12 s 148 sch 3\n(sec.173J-ssec.1) As soon as practicable after receiving a notice under section 173I (2) that the enforcement order has been made, the chief executive must give the registrar of titles written notice of the making of the order.\n(sec.173J-ssec.2) The registrar of titles must keep records showing the enforcement order has been made.\n(sec.173J-ssec.3) The registrar of titles must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land the subject of the enforcement order will show the enforcement order has been made.","sortOrder":401},{"sectionNumber":"sec.173K","sectionType":"section","heading":"Application for removal of particulars of enforcement order from registrar of titles’ records","content":"### sec.173K Application for removal of particulars of enforcement order from registrar of titles’ records\n\nThis section applies to a person who—\nhas an interest in land that is the subject of an enforcement order to which section 173I applies; and\nwishes to have the particulars of the enforcement order removed from the registrar of titles’ records because—\nthe enforcement order has been cancelled by the court; or\nthe enforcement order has been substantially complied with; or\nthe person proposes alternative measures for ensuring the land is restored or rehabilitated.\na covenant registered under the Land Title Act 1994\nThe person may apply to the chief executive for the particulars of the enforcement order to be removed from the registrar of titles’ records.\nThe application must be—\nin writing; and\naccompanied by, according to the circumstances—\na copy of the order made by the court cancelling the enforcement order; or\nthe information or documents the person relies on to establish the enforcement order has been substantially complied with; or\ndetails of the alternative measures proposed by the person to ensure the land will be restored or rehabilitated.\ns 173K ins 2003 No. 96 s 23\namd 2021 No. 12 s 148 sch 3\n(sec.173K-ssec.1) This section applies to a person who— has an interest in land that is the subject of an enforcement order to which section 173I applies; and wishes to have the particulars of the enforcement order removed from the registrar of titles’ records because— the enforcement order has been cancelled by the court; or the enforcement order has been substantially complied with; or the person proposes alternative measures for ensuring the land is restored or rehabilitated. a covenant registered under the Land Title Act 1994\n(sec.173K-ssec.2) The person may apply to the chief executive for the particulars of the enforcement order to be removed from the registrar of titles’ records.\n(sec.173K-ssec.3) The application must be— in writing; and accompanied by, according to the circumstances— a copy of the order made by the court cancelling the enforcement order; or the information or documents the person relies on to establish the enforcement order has been substantially complied with; or details of the alternative measures proposed by the person to ensure the land will be restored or rehabilitated.\n- (a) has an interest in land that is the subject of an enforcement order to which section 173I applies; and\n- (b) wishes to have the particulars of the enforcement order removed from the registrar of titles’ records because— (i) the enforcement order has been cancelled by the court; or (ii) the enforcement order has been substantially complied with; or (iii) the person proposes alternative measures for ensuring the land is restored or rehabilitated. Example of alternative measures— a covenant registered under the Land Title Act 1994\n- (i) the enforcement order has been cancelled by the court; or\n- (ii) the enforcement order has been substantially complied with; or\n- (iii) the person proposes alternative measures for ensuring the land is restored or rehabilitated. Example of alternative measures— a covenant registered under the Land Title Act 1994\n- (i) the enforcement order has been cancelled by the court; or\n- (ii) the enforcement order has been substantially complied with; or\n- (iii) the person proposes alternative measures for ensuring the land is restored or rehabilitated. Example of alternative measures— a covenant registered under the Land Title Act 1994\n- (a) in writing; and\n- (b) accompanied by, according to the circumstances— (i) a copy of the order made by the court cancelling the enforcement order; or (ii) the information or documents the person relies on to establish the enforcement order has been substantially complied with; or (iii) details of the alternative measures proposed by the person to ensure the land will be restored or rehabilitated.\n- (i) a copy of the order made by the court cancelling the enforcement order; or\n- (ii) the information or documents the person relies on to establish the enforcement order has been substantially complied with; or\n- (iii) details of the alternative measures proposed by the person to ensure the land will be restored or rehabilitated.\n- (i) a copy of the order made by the court cancelling the enforcement order; or\n- (ii) the information or documents the person relies on to establish the enforcement order has been substantially complied with; or\n- (iii) details of the alternative measures proposed by the person to ensure the land will be restored or rehabilitated.","sortOrder":402},{"sectionNumber":"sec.173L","sectionType":"section","heading":"How chief executive must deal with application","content":"### sec.173L How chief executive must deal with application\n\nIf the chief executive receives an application under section 173K , the chief executive must, within 6 weeks after receiving the application—\ndecide whether the chief executive is reasonably satisfied, according to the circumstances—\nthe enforcement order has been cancelled by the court; or\nthe enforcement order has been substantially complied with; or\nthe alternative measures proposed by the applicant will ensure the land will be restored or rehabilitated; and\neither—\napprove the application, with or without conditions to be complied with before particulars of the enforcement order may be removed from the registrar of titles’ records; or\nrefuse to approve the application.\nAs soon as practicable after acting under subsection (1) , the chief executive must—\ngive the applicant written notice stating—\nthe decision and the reasons for it; and\nif the chief executive refuses to approve the application or approves the application with conditions—\nthat the applicant may appeal against the decision to the court within 28 days after the person receives the notice; and\nhow to appeal; and\nif the chief executive approves the application without conditions—give written notice of the fact to the registrar of titles.\nIf the chief executive approves the application with conditions and the chief executive is reasonably satisfied the conditions have been complied with, the chief executive must, as soon as practicable, give written notice of the fact to the registrar of titles.\nAs soon as practicable after receiving a notice under subsection (2) (b) or (3) , the registrar of titles must remove the particulars of the enforcement order from the registrar’s records.\nAs soon as the particulars of the enforcement order have been removed from the registrar of titles’ records, the enforcement order is taken to have been complied with.\ns 173L ins 2003 No. 96 s 23\namd 2021 No. 12 s 148 sch 3\n(sec.173L-ssec.1) If the chief executive receives an application under section 173K , the chief executive must, within 6 weeks after receiving the application— decide whether the chief executive is reasonably satisfied, according to the circumstances— the enforcement order has been cancelled by the court; or the enforcement order has been substantially complied with; or the alternative measures proposed by the applicant will ensure the land will be restored or rehabilitated; and either— approve the application, with or without conditions to be complied with before particulars of the enforcement order may be removed from the registrar of titles’ records; or refuse to approve the application.\n(sec.173L-ssec.2) As soon as practicable after acting under subsection (1) , the chief executive must— give the applicant written notice stating— the decision and the reasons for it; and if the chief executive refuses to approve the application or approves the application with conditions— that the applicant may appeal against the decision to the court within 28 days after the person receives the notice; and how to appeal; and if the chief executive approves the application without conditions—give written notice of the fact to the registrar of titles.\n(sec.173L-ssec.3) If the chief executive approves the application with conditions and the chief executive is reasonably satisfied the conditions have been complied with, the chief executive must, as soon as practicable, give written notice of the fact to the registrar of titles.\n(sec.173L-ssec.4) As soon as practicable after receiving a notice under subsection (2) (b) or (3) , the registrar of titles must remove the particulars of the enforcement order from the registrar’s records.\n(sec.173L-ssec.5) As soon as the particulars of the enforcement order have been removed from the registrar of titles’ records, the enforcement order is taken to have been complied with.\n- (a) decide whether the chief executive is reasonably satisfied, according to the circumstances— (i) the enforcement order has been cancelled by the court; or (ii) the enforcement order has been substantially complied with; or (iii) the alternative measures proposed by the applicant will ensure the land will be restored or rehabilitated; and\n- (i) the enforcement order has been cancelled by the court; or\n- (ii) the enforcement order has been substantially complied with; or\n- (iii) the alternative measures proposed by the applicant will ensure the land will be restored or rehabilitated; and\n- (b) either— (i) approve the application, with or without conditions to be complied with before particulars of the enforcement order may be removed from the registrar of titles’ records; or (ii) refuse to approve the application.\n- (i) approve the application, with or without conditions to be complied with before particulars of the enforcement order may be removed from the registrar of titles’ records; or\n- (ii) refuse to approve the application.\n- (i) the enforcement order has been cancelled by the court; or\n- (ii) the enforcement order has been substantially complied with; or\n- (iii) the alternative measures proposed by the applicant will ensure the land will be restored or rehabilitated; and\n- (i) approve the application, with or without conditions to be complied with before particulars of the enforcement order may be removed from the registrar of titles’ records; or\n- (ii) refuse to approve the application.\n- (a) give the applicant written notice stating— (i) the decision and the reasons for it; and (ii) if the chief executive refuses to approve the application or approves the application with conditions— (A) that the applicant may appeal against the decision to the court within 28 days after the person receives the notice; and (B) how to appeal; and\n- (i) the decision and the reasons for it; and\n- (ii) if the chief executive refuses to approve the application or approves the application with conditions— (A) that the applicant may appeal against the decision to the court within 28 days after the person receives the notice; and (B) how to appeal; and\n- (A) that the applicant may appeal against the decision to the court within 28 days after the person receives the notice; and\n- (B) how to appeal; and\n- (b) if the chief executive approves the application without conditions—give written notice of the fact to the registrar of titles.\n- (i) the decision and the reasons for it; and\n- (ii) if the chief executive refuses to approve the application or approves the application with conditions— (A) that the applicant may appeal against the decision to the court within 28 days after the person receives the notice; and (B) how to appeal; and\n- (A) that the applicant may appeal against the decision to the court within 28 days after the person receives the notice; and\n- (B) how to appeal; and\n- (A) that the applicant may appeal against the decision to the court within 28 days after the person receives the notice; and\n- (B) how to appeal; and","sortOrder":403},{"sectionNumber":"sec.173M","sectionType":"section","heading":"Appeal against refusal to approve application or approval of application with conditions","content":"### sec.173M Appeal against refusal to approve application or approval of application with conditions\n\nThis section applies if—\na person who has an interest in land that is the subject of an enforcement order applies, as required under section 173K , for the enforcement order to be removed from the registrar of titles’ records; and\nthe chief executive refuses to approve the application or approves the application with conditions.\nThe applicant may appeal against the chief executive’s decision to the court within 28 days after the applicant receives notice of the decision under section 173L .\nIf the applicant appeals against the decision, the court may make any order it considers appropriate, including, for example, an order directing the registrar of titles to remove the particulars of the enforcement order from the registrar’s records.\ns 173M ins 2003 No. 96 s 23\namd 2021 No. 12 s 148 sch 3\n(sec.173M-ssec.1) This section applies if— a person who has an interest in land that is the subject of an enforcement order applies, as required under section 173K , for the enforcement order to be removed from the registrar of titles’ records; and the chief executive refuses to approve the application or approves the application with conditions.\n(sec.173M-ssec.2) The applicant may appeal against the chief executive’s decision to the court within 28 days after the applicant receives notice of the decision under section 173L .\n(sec.173M-ssec.3) If the applicant appeals against the decision, the court may make any order it considers appropriate, including, for example, an order directing the registrar of titles to remove the particulars of the enforcement order from the registrar’s records.\n- (a) a person who has an interest in land that is the subject of an enforcement order applies, as required under section 173K , for the enforcement order to be removed from the registrar of titles’ records; and\n- (b) the chief executive refuses to approve the application or approves the application with conditions.","sortOrder":404},{"sectionNumber":"sec.173N","sectionType":"section","heading":"Proceeding brought in representative capacity","content":"### sec.173N Proceeding brought in representative capacity\n\nA proceeding under this division may be brought by a person on behalf of an entity with the entity’s consent.\nThe person who brings the proceeding is a party to the proceeding, despite the proceeding being brought on behalf of another entity.\nThe entity on whose behalf the proceeding is brought is not a party to the proceeding.\nIf the entity on whose behalf the proceeding is brought is an unincorporated body, the body’s committee or other controlling or governing body must give the consent.\nThe entity on whose behalf the proceeding is brought may contribute to, or pay, the legal costs incurred by the person bringing the proceeding.\ns 173N ins 2003 No. 96 s 23\n(sec.173N-ssec.1) A proceeding under this division may be brought by a person on behalf of an entity with the entity’s consent.\n(sec.173N-ssec.2) The person who brings the proceeding is a party to the proceeding, despite the proceeding being brought on behalf of another entity.\n(sec.173N-ssec.3) The entity on whose behalf the proceeding is brought is not a party to the proceeding.\n(sec.173N-ssec.4) If the entity on whose behalf the proceeding is brought is an unincorporated body, the body’s committee or other controlling or governing body must give the consent.\n(sec.173N-ssec.5) The entity on whose behalf the proceeding is brought may contribute to, or pay, the legal costs incurred by the person bringing the proceeding.","sortOrder":405},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Judicial review of administrative decisions","content":"## Judicial review of administrative decisions","sortOrder":406},{"sectionNumber":"sec.173O","sectionType":"section","heading":"Extended standing for judicial review","content":"### sec.173O Extended standing for judicial review\n\nThis section applies, for the Judicial Review Act 1991 , to any of the following—\na decision made under this Act;\na failure to make a decision under this Act;\nconduct engaged in for the purpose of making a decision under this Act.\nAn individual is taken to be a person aggrieved by a decision, failure or conduct mentioned in subsection (1) if—\nthe individual is—\nan Australian citizen; or\nordinarily resident in Australia; and\nat any time in the 2 years immediately before the decision, failure or conduct, the individual engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment.\nA corporation or association, whether or not incorporated, and a person acting for an unincorporated association, is taken to be a person aggrieved by a decision, failure or conduct mentioned in subsection (1) if—\nthe corporation or association is incorporated, or was otherwise established, in Australia; and\nat any time in the 2 years immediately before the decision, failure or conduct, the corporation or association engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment; and\nat the time of the decision, failure or conduct, the objects or purposes of the corporation or association include protection or conservation of, or research into, the environment.\nA term used in this section that is defined in the Judicial Review Act 1991 has the meaning given to it by that Act.\ns 173O ins 2003 No. 96 s 23\n(sec.173O-ssec.1) This section applies, for the Judicial Review Act 1991 , to any of the following— a decision made under this Act; a failure to make a decision under this Act; conduct engaged in for the purpose of making a decision under this Act.\n(sec.173O-ssec.2) An individual is taken to be a person aggrieved by a decision, failure or conduct mentioned in subsection (1) if— the individual is— an Australian citizen; or ordinarily resident in Australia; and at any time in the 2 years immediately before the decision, failure or conduct, the individual engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment.\n(sec.173O-ssec.3) A corporation or association, whether or not incorporated, and a person acting for an unincorporated association, is taken to be a person aggrieved by a decision, failure or conduct mentioned in subsection (1) if— the corporation or association is incorporated, or was otherwise established, in Australia; and at any time in the 2 years immediately before the decision, failure or conduct, the corporation or association engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment; and at the time of the decision, failure or conduct, the objects or purposes of the corporation or association include protection or conservation of, or research into, the environment.\n(sec.173O-ssec.4) A term used in this section that is defined in the Judicial Review Act 1991 has the meaning given to it by that Act.\n- (a) a decision made under this Act;\n- (b) a failure to make a decision under this Act;\n- (c) conduct engaged in for the purpose of making a decision under this Act.\n- (a) the individual is— (i) an Australian citizen; or (ii) ordinarily resident in Australia; and\n- (i) an Australian citizen; or\n- (ii) ordinarily resident in Australia; and\n- (b) at any time in the 2 years immediately before the decision, failure or conduct, the individual engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment.\n- (i) an Australian citizen; or\n- (ii) ordinarily resident in Australia; and\n- (a) the corporation or association is incorporated, or was otherwise established, in Australia; and\n- (b) at any time in the 2 years immediately before the decision, failure or conduct, the corporation or association engaged in a series of activities in Australia for the protection or conservation of, or research into, the environment; and\n- (c) at the time of the decision, failure or conduct, the objects or purposes of the corporation or association include protection or conservation of, or research into, the environment.","sortOrder":407},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":null,"content":"","sortOrder":408},{"sectionNumber":"sec.173OA","sectionType":"section","heading":null,"content":"### Section sec.173OA\n\ns 173OA ins 2009 No. 24 s 897\nom 2022 No. 21 s 20","sortOrder":409},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":410},{"sectionNumber":"sec.173P","sectionType":"section","heading":"Chief executive’s general powers","content":"### sec.173P Chief executive’s general powers\n\nThe chief executive may do any thing the chief executive reasonably considers is necessary to administer, or achieve the object of, this Act, including, for example—\ntake, keep, use, or interfere with, any wildlife in a protected or other area; or\ninterfere with the cultural or natural resources of a protected area or forest reserve.\nTo remove any doubt, it is declared that the chief executive does not require a licence, permit or authority under this Act to carry out an activity authorised under subsection (1) .\ns 173P ins 2004 No. 48 s 185\n(sec.173P-ssec.1) The chief executive may do any thing the chief executive reasonably considers is necessary to administer, or achieve the object of, this Act, including, for example— take, keep, use, or interfere with, any wildlife in a protected or other area; or interfere with the cultural or natural resources of a protected area or forest reserve.\n(sec.173P-ssec.2) To remove any doubt, it is declared that the chief executive does not require a licence, permit or authority under this Act to carry out an activity authorised under subsection (1) .\n- (a) take, keep, use, or interfere with, any wildlife in a protected or other area; or\n- (b) interfere with the cultural or natural resources of a protected area or forest reserve.","sortOrder":411},{"sectionNumber":"sec.173Q","sectionType":"section","heading":"Publication of notice for revocation under s 30 , 32 or 70E or particular amalgamations under s 33","content":"### sec.173Q Publication of notice for revocation under s 30 , 32 or 70E or particular amalgamations under s 33\n\nThis section applies for—\na revocation under section 30 , 32 or 70E ; or\nan amalgamation under section 33 that involves a change in the class, or the boundaries, of a protected area.\nWithin 10 days after the notice of motion for the revocation or amalgamation is given, the chief executive must publish notice of the proposed revocation or amalgamation in—\na newspaper circulating in the locality of the relevant area; and\na newspaper circulating generally throughout the State.\nThe notice must state—\nthe name of the relevant area; and\nfor a revocation—\nwhether all or part of the relevant area is proposed to be revoked; and\nif only part of the relevant area is proposed to be revoked—a description, by map or otherwise, of the part of the relevant area proposed to be revoked; and\nfor an amalgamation—the proposed change in the class, or the boundaries, of a protected area.\nIn this section—\nrelevant area means the State forest, timber reserve, protected area or forest reserve the subject of the motion.\ns 173Q ins 2004 No. 48 s 185\namd 2013 No. 55 s 175 sch 1 pt 1\n(sec.173Q-ssec.1) This section applies for— a revocation under section 30 , 32 or 70E ; or an amalgamation under section 33 that involves a change in the class, or the boundaries, of a protected area.\n(sec.173Q-ssec.2) Within 10 days after the notice of motion for the revocation or amalgamation is given, the chief executive must publish notice of the proposed revocation or amalgamation in— a newspaper circulating in the locality of the relevant area; and a newspaper circulating generally throughout the State.\n(sec.173Q-ssec.3) The notice must state— the name of the relevant area; and for a revocation— whether all or part of the relevant area is proposed to be revoked; and if only part of the relevant area is proposed to be revoked—a description, by map or otherwise, of the part of the relevant area proposed to be revoked; and for an amalgamation—the proposed change in the class, or the boundaries, of a protected area.\n(sec.173Q-ssec.4) In this section— relevant area means the State forest, timber reserve, protected area or forest reserve the subject of the motion.\n- (a) a revocation under section 30 , 32 or 70E ; or\n- (b) an amalgamation under section 33 that involves a change in the class, or the boundaries, of a protected area.\n- (a) a newspaper circulating in the locality of the relevant area; and\n- (b) a newspaper circulating generally throughout the State.\n- (a) the name of the relevant area; and\n- (b) for a revocation— (i) whether all or part of the relevant area is proposed to be revoked; and (ii) if only part of the relevant area is proposed to be revoked—a description, by map or otherwise, of the part of the relevant area proposed to be revoked; and\n- (i) whether all or part of the relevant area is proposed to be revoked; and\n- (ii) if only part of the relevant area is proposed to be revoked—a description, by map or otherwise, of the part of the relevant area proposed to be revoked; and\n- (c) for an amalgamation—the proposed change in the class, or the boundaries, of a protected area.\n- (i) whether all or part of the relevant area is proposed to be revoked; and\n- (ii) if only part of the relevant area is proposed to be revoked—a description, by map or otherwise, of the part of the relevant area proposed to be revoked; and","sortOrder":412},{"sectionNumber":"sec.173R","sectionType":"section","heading":null,"content":"### Section sec.173R\n\ns 173R ins 2007 No. 56 s 41\nom 2013 No. 55 s 152","sortOrder":413},{"sectionNumber":"sec.173S","sectionType":"section","heading":null,"content":"### Section sec.173S\n\ns 173S ins 2013 No. 24 s 71B\nom 2016 No. 22 s 29","sortOrder":414},{"sectionNumber":"sec.174","sectionType":"section","heading":"Application of Statutory Instruments Act","content":"### sec.174 Application of Statutory Instruments Act\n\nThe Statutory Instruments Act 1992 , sections 49 and 50 do not apply to a regulation mentioned in the following provisions of this Act—\nsection 30\nsection 32 (2)\nsection 33 (2)\nsection 43J (1)\nsection 70E (2).\nSubsection (1) has effect despite the Statutory Instruments Act 1992 , section 52 .\ns 174 sub 1994 No. 42 s 46 ; 1995 No. 57 s 4 sch 1\namd 2000 No. 44 ss 34 , 39 ; 2013 No. 55 s 175 s ch 1 pt 1 ; 2019 No. 8 s 33\n(sec.174-ssec.1) The Statutory Instruments Act 1992 , sections 49 and 50 do not apply to a regulation mentioned in the following provisions of this Act— section 30 section 32 (2) section 33 (2) section 43J (1) section 70E (2).\n(sec.174-ssec.2) Subsection (1) has effect despite the Statutory Instruments Act 1992 , section 52 .\n- • section 30\n- • section 32 (2)\n- • section 33 (2)\n- • section 43J (1)\n- • section 70E (2).","sortOrder":415},{"sectionNumber":"sec.174A","sectionType":"section","heading":"Chief executive may make codes of practice","content":"### sec.174A Chief executive may make codes of practice\n\nThe chief executive may, by gazette notice, approve or make codes of practice for—\nprotected areas; or\nforest reserves under part 4A ; or\nprotected wildlife.\nThe Statutory Instruments Act 1992 , sections 49 , 50 and 51 apply to a code of practice as if it were subordinate legislation.\nThe chief executive must keep copies of each code of practice open for public inspection during office hours on business days at—\nthe department’s head office; and\neach regional office of the department; and\nother places the chief executive considers appropriate.\ns 174A ins 2000 No. 44 s 35\n(sec.174A-ssec.1) The chief executive may, by gazette notice, approve or make codes of practice for— protected areas; or forest reserves under part 4A ; or protected wildlife.\n(sec.174A-ssec.2) The Statutory Instruments Act 1992 , sections 49 , 50 and 51 apply to a code of practice as if it were subordinate legislation.\n(sec.174A-ssec.3) The chief executive must keep copies of each code of practice open for public inspection during office hours on business days at— the department’s head office; and each regional office of the department; and other places the chief executive considers appropriate.\n- (a) protected areas; or\n- (b) forest reserves under part 4A ; or\n- (c) protected wildlife.\n- (a) the department’s head office; and\n- (b) each regional office of the department; and\n- (c) other places the chief executive considers appropriate.","sortOrder":416},{"sectionNumber":"sec.174B","sectionType":"section","heading":"Chief executive may make assessment guidelines","content":"### sec.174B Chief executive may make assessment guidelines\n\nThe chief executive may, by gazette notice, approve or make guidelines (the assessment guidelines ) about considering an application under this Act.\nThe chief executive must publish the assessment guidelines, and any instrument amending or repealing the assessment guidelines, in the gazette.\nThe chief executive must publish a copy of the assessment guidelines as in force from time to time on the department’s website.\nIn considering an application for an authority, the chief executive must have regard to the assessment guidelines.\nIn this section—\nauthority means a licence, permit or other authority for protected wildlife issued or given under a regulation or conservation plan.\ns 174B ins 2013 No. 50 s 19\n(sec.174B-ssec.1) The chief executive may, by gazette notice, approve or make guidelines (the assessment guidelines ) about considering an application under this Act.\n(sec.174B-ssec.2) The chief executive must publish the assessment guidelines, and any instrument amending or repealing the assessment guidelines, in the gazette.\n(sec.174B-ssec.3) The chief executive must publish a copy of the assessment guidelines as in force from time to time on the department’s website.\n(sec.174B-ssec.4) In considering an application for an authority, the chief executive must have regard to the assessment guidelines.\n(sec.174B-ssec.5) In this section— authority means a licence, permit or other authority for protected wildlife issued or given under a regulation or conservation plan.","sortOrder":417},{"sectionNumber":"sec.174C","sectionType":"section","heading":"No fee for instrument, information or notice","content":"### sec.174C No fee for instrument, information or notice\n\nThis section applies if the chief executive is required, under this Act, to do any of the following—\ngive an instrument to, or lodge an instrument with, the registrar of titles;\ngive information in relation to an instrument to the registrar of titles;\ngive notice, under section 134 , about an action to the registrar of titles.\nNo titles registry fee under the Land Title Act 1994 is payable by the chief executive in relation to the instrument, information or notice.\ns 174C ins 2019 No. 8 s 34\namd 2021 No. 12 s 148 sch 3\n(sec.174C-ssec.1) This section applies if the chief executive is required, under this Act, to do any of the following— give an instrument to, or lodge an instrument with, the registrar of titles; give information in relation to an instrument to the registrar of titles; give notice, under section 134 , about an action to the registrar of titles.\n(sec.174C-ssec.2) No titles registry fee under the Land Title Act 1994 is payable by the chief executive in relation to the instrument, information or notice.\n- (a) give an instrument to, or lodge an instrument with, the registrar of titles;\n- (b) give information in relation to an instrument to the registrar of titles;\n- (c) give notice, under section 134 , about an action to the registrar of titles.","sortOrder":418},{"sectionNumber":"sec.174D","sectionType":"section","heading":"Approved forms","content":"### sec.174D Approved forms\n\nThe chief executive may approve forms for use under this Act .\ns 174D ins 2022 No. 21 s 21","sortOrder":419},{"sectionNumber":"sec.174AA","sectionType":"section","heading":null,"content":"### Section sec.174AA\n\ns 174AA ins 2006 No. 11 s 99\nAIA s 20A applies (see s 174AA(4))\nexp 31 March 2006 (see s 174AA(3))","sortOrder":420},{"sectionNumber":"sec.175","sectionType":"section","heading":"Regulation-making power","content":"### sec.175 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made with respect to any of the following matters—\naccess to protected areas by persons or animals;\nthe use of land, and activities, in protected areas;\nproviding for the safety of persons in protected areas, including the regulation of access to, and activities in, protected areas by persons or classes of persons;\nA regulation might regulate camping in a protected area by children, or adults accompanying children, to protect children from injury by animals.\nthe removal from protected areas of—\ntrespassers; or\npersons who are believed on reasonable grounds to have contravened this Act;\nthe presence and use of vehicles and boats in, and the flight of aircraft over, protected areas;\nthe taking of animals or plants into, or out of, protected areas, and the impounding, removal, destruction or disposal of animals found straying in protected areas;\nthe use or development of land, and activities, in an area identified under the regulation as, or including, a critical habitat or an area of major interest;\ngiving effect to, and enforcing compliance with, management and conservation plans or codes of practice approved or made under section 174A ;\nthe taking, keeping or use of wildlife, the moving of wildlife into, in and out of the State, the release of wildlife into the wild and other dealing with wildlife;\nthe records to be kept and returns to be lodged by the holders of licences, permits and other authorities and requirements as to the inspection of the records;\nthe disqualification of persons from holding a licence, permit or other authority;\nthe matters in respect of which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay the fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any amount of the fees, costs and charges not paid;\nthe matters in respect of which royalties are payable under this Act, the amounts of the royalties, the persons who are liable to pay the royalties, when the royalties are payable, and the recovery of any amount of the royalties not paid;\nthe institution and conduct of appeals against decisions under a regulation;\nauthorising the taking, keeping or use of a protected animal;\nexemption from compliance with provisions of a regulation or a conservation plan;\nprescribing offences for contraventions of a regulation, and fixing a maximum penalty of a fine of not more than 165 penalty units for such a contravention.\ns 175 amd 1994 No. 42 s 47 ; 1995 No. 57 s 4 sch 1 ; 2000 No. 44 s 36 ; 2003 No. 96 ss 24 , 28 sch ; 2004 No. 48 s 186 ; 2005 No. 53 s 159 sch ; 2011 No. 6 s 105 ; 2013 No. 50 s 20 ; 2019 No. 8 s 35 ; 2022 No. 21 s 22\n(sec.175-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.175-ssec.2) A regulation may be made with respect to any of the following matters— access to protected areas by persons or animals; the use of land, and activities, in protected areas; providing for the safety of persons in protected areas, including the regulation of access to, and activities in, protected areas by persons or classes of persons; A regulation might regulate camping in a protected area by children, or adults accompanying children, to protect children from injury by animals. the removal from protected areas of— trespassers; or persons who are believed on reasonable grounds to have contravened this Act; the presence and use of vehicles and boats in, and the flight of aircraft over, protected areas; the taking of animals or plants into, or out of, protected areas, and the impounding, removal, destruction or disposal of animals found straying in protected areas; the use or development of land, and activities, in an area identified under the regulation as, or including, a critical habitat or an area of major interest; giving effect to, and enforcing compliance with, management and conservation plans or codes of practice approved or made under section 174A ; the taking, keeping or use of wildlife, the moving of wildlife into, in and out of the State, the release of wildlife into the wild and other dealing with wildlife; the records to be kept and returns to be lodged by the holders of licences, permits and other authorities and requirements as to the inspection of the records; the disqualification of persons from holding a licence, permit or other authority; the matters in respect of which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay the fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any amount of the fees, costs and charges not paid; the matters in respect of which royalties are payable under this Act, the amounts of the royalties, the persons who are liable to pay the royalties, when the royalties are payable, and the recovery of any amount of the royalties not paid; the institution and conduct of appeals against decisions under a regulation; authorising the taking, keeping or use of a protected animal; exemption from compliance with provisions of a regulation or a conservation plan; prescribing offences for contraventions of a regulation, and fixing a maximum penalty of a fine of not more than 165 penalty units for such a contravention.\n- (a) access to protected areas by persons or animals;\n- (b) the use of land, and activities, in protected areas;\n- (c) providing for the safety of persons in protected areas, including the regulation of access to, and activities in, protected areas by persons or classes of persons; Example for paragraph (c) — A regulation might regulate camping in a protected area by children, or adults accompanying children, to protect children from injury by animals.\n- (d) the removal from protected areas of— (i) trespassers; or (ii) persons who are believed on reasonable grounds to have contravened this Act;\n- (i) trespassers; or\n- (ii) persons who are believed on reasonable grounds to have contravened this Act;\n- (e) the presence and use of vehicles and boats in, and the flight of aircraft over, protected areas;\n- (f) the taking of animals or plants into, or out of, protected areas, and the impounding, removal, destruction or disposal of animals found straying in protected areas;\n- (g) the use or development of land, and activities, in an area identified under the regulation as, or including, a critical habitat or an area of major interest;\n- (h) giving effect to, and enforcing compliance with, management and conservation plans or codes of practice approved or made under section 174A ;\n- (i) the taking, keeping or use of wildlife, the moving of wildlife into, in and out of the State, the release of wildlife into the wild and other dealing with wildlife;\n- (j) the records to be kept and returns to be lodged by the holders of licences, permits and other authorities and requirements as to the inspection of the records;\n- (k) the disqualification of persons from holding a licence, permit or other authority;\n- (l) the matters in respect of which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay the fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any amount of the fees, costs and charges not paid;\n- (m) the matters in respect of which royalties are payable under this Act, the amounts of the royalties, the persons who are liable to pay the royalties, when the royalties are payable, and the recovery of any amount of the royalties not paid;\n- (n) the institution and conduct of appeals against decisions under a regulation;\n- (o) authorising the taking, keeping or use of a protected animal;\n- (p) exemption from compliance with provisions of a regulation or a conservation plan;\n- (q) prescribing offences for contraventions of a regulation, and fixing a maximum penalty of a fine of not more than 165 penalty units for such a contravention.\n- (i) trespassers; or\n- (ii) persons who are believed on reasonable grounds to have contravened this Act;","sortOrder":421},{"sectionNumber":"pt.12","sectionType":"part","heading":"Savings and transitional","content":"# Savings and transitional","sortOrder":422},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Savings and transitional provisions for Act No. 20 of 1992","content":"## Savings and transitional provisions for Act No. 20 of 1992","sortOrder":423},{"sectionNumber":"sec.176","sectionType":"section","heading":null,"content":"### Section sec.176\n\ns 176 exp 19 December 1995 (see s 180(2))","sortOrder":424},{"sectionNumber":"sec.177","sectionType":"section","heading":null,"content":"### Section sec.177\n\ns 177 ins 1994 No. 42 s 50\nexp 19 December 1995 (see s 177(4))","sortOrder":425},{"sectionNumber":"sec.178","sectionType":"section","heading":null,"content":"### Section sec.178\n\ns 178 om 2000 No. 44 s 42 sch","sortOrder":426},{"sectionNumber":"sec.179","sectionType":"section","heading":null,"content":"### Section sec.179\n\ns 179 ins 1994 No. 42 s 52\nexp 19 December 1995 (see s 180(2))","sortOrder":427},{"sectionNumber":"sec.180","sectionType":"section","heading":null,"content":"### Section sec.180\n\ns 180 ins 1994 No. 42 s 52\nexp 19 December 1995 (see s 180(2))","sortOrder":428},{"sectionNumber":"sec.181","sectionType":"section","heading":"References to repealed Acts","content":"### sec.181 References to repealed Acts\n\nIn an Act or document, a reference to any of the following Acts may, if the context permits, be taken to be a reference to this Act—\nFauna Conservation Act 1952\nFauna Conservation Act 1974\nNational Parks and Wildlife Act 1975\nNative Plants Protection Act 1930 .\ns 181 amd 1995 No. 57 s 4 sch 1\n- • Fauna Conservation Act 1952\n- • Fauna Conservation Act 1974\n- • National Parks and Wildlife Act 1975\n- • Native Plants Protection Act 1930 .","sortOrder":429},{"sectionNumber":"sec.182","sectionType":"section","heading":"References to Crown land under Act","content":"### sec.182 References to Crown land under Act\n\nIn an Act or document, a reference to Crown land under this Act may, if the context permits, be taken to be a reference to State land under this Act.\ns 182 ins 1995 No. 57 s 4 sch 1","sortOrder":430},{"sectionNumber":"sec.183","sectionType":"section","heading":"Authorities under former Act about national parks","content":"### sec.183 Authorities under former Act about national parks\n\nAn authority given or made under section 33 or 35 of the former Act and in force immediately before 19 December 1994 is taken to have continued in force until it expires, or is earlier terminated, under its terms.\nThe former Act, other than the power to extend or renew the authority, continues to apply to the authority as if this Act had not been enacted.\nFor applying subsections (1) and (2), the chief executive is taken to be the director of national parks and wildlife under the former Act.\nA reference in the authority to the director is taken to be a reference to the chief executive.\nIn this section—\nauthority means an agreement or a lease or permit or other authority.\nformer Act means the repealed National Parks and Wildlife Act 1975 .\ns 183 ins 2000 No. 44 s 37\n(sec.183-ssec.1) An authority given or made under section 33 or 35 of the former Act and in force immediately before 19 December 1994 is taken to have continued in force until it expires, or is earlier terminated, under its terms.\n(sec.183-ssec.2) The former Act, other than the power to extend or renew the authority, continues to apply to the authority as if this Act had not been enacted.\n(sec.183-ssec.3) For applying subsections (1) and (2), the chief executive is taken to be the director of national parks and wildlife under the former Act.\n(sec.183-ssec.4) A reference in the authority to the director is taken to be a reference to the chief executive.\n(sec.183-ssec.5) In this section— authority means an agreement or a lease or permit or other authority. former Act means the repealed National Parks and Wildlife Act 1975 .","sortOrder":431},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Savings and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2000","content":"## Savings and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2000","sortOrder":432},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 ins 2004 No. 48 s 188\nom 2022 No. 21 s 26","sortOrder":433},{"sectionNumber":"sec.184A","sectionType":"section","heading":null,"content":"### Section sec.184A\n\ns 184A ins 2005 No. 53 s 144\nexp 23 November 2013 (see s 184A(3))","sortOrder":434},{"sectionNumber":"sec.184B","sectionType":"section","heading":"Provision for stock grazing permits for former SEQFA forest reserves","content":"### sec.184B Provision for stock grazing permits for former SEQFA forest reserves\n\nThis section applies if—\nland in an SEQFA forest reserve is, after the commencement of this section, dedicated as a national park or national park (recovery); and\nimmediately before the dedication, a stock grazing permit (the former permit ) under the Forestry Act 1959 , section 35, was in force for the land.\nOn the dedication—\nthe former permit ends; and\nthe chief executive is taken to have granted the holder of the former permit a previous use authority under section 36.\nThe previous use authority is taken to—\nallow the use of the land, as provided for under the former permit, to continue only for the rest of the term stated in the permit; and\nrequire its grantee to continue to comply with all conditions of the former permit and requirements under the Forestry Act 1959 , or of the chief executive of the department in which that Act is administered, that relate to stock grazing permits or the use as if—\nthe former permit had continued in force; and\nthe land were land in an SEQFA forest reserve.\nIn this section—\nSEQFA forest reserve means a forest reserve the dedication of which was in force immediately before the commencement of this definition.\ns 184B ins 2005 No. 53 s 144\n(sec.184B-ssec.1) This section applies if— land in an SEQFA forest reserve is, after the commencement of this section, dedicated as a national park or national park (recovery); and immediately before the dedication, a stock grazing permit (the former permit ) under the Forestry Act 1959 , section 35, was in force for the land.\n(sec.184B-ssec.2) On the dedication— the former permit ends; and the chief executive is taken to have granted the holder of the former permit a previous use authority under section 36.\n(sec.184B-ssec.3) The previous use authority is taken to— allow the use of the land, as provided for under the former permit, to continue only for the rest of the term stated in the permit; and require its grantee to continue to comply with all conditions of the former permit and requirements under the Forestry Act 1959 , or of the chief executive of the department in which that Act is administered, that relate to stock grazing permits or the use as if— the former permit had continued in force; and the land were land in an SEQFA forest reserve.\n(sec.184B-ssec.4) In this section— SEQFA forest reserve means a forest reserve the dedication of which was in force immediately before the commencement of this definition.\n- (a) land in an SEQFA forest reserve is, after the commencement of this section, dedicated as a national park or national park (recovery); and\n- (b) immediately before the dedication, a stock grazing permit (the former permit ) under the Forestry Act 1959 , section 35, was in force for the land.\n- (a) the former permit ends; and\n- (b) the chief executive is taken to have granted the holder of the former permit a previous use authority under section 36.\n- (a) allow the use of the land, as provided for under the former permit, to continue only for the rest of the term stated in the permit; and\n- (b) require its grantee to continue to comply with all conditions of the former permit and requirements under the Forestry Act 1959 , or of the chief executive of the department in which that Act is administered, that relate to stock grazing permits or the use as if— (i) the former permit had continued in force; and (ii) the land were land in an SEQFA forest reserve.\n- (i) the former permit had continued in force; and\n- (ii) the land were land in an SEQFA forest reserve.\n- (i) the former permit had continued in force; and\n- (ii) the land were land in an SEQFA forest reserve.","sortOrder":435},{"sectionNumber":"sec.185","sectionType":"section","heading":"Provision for commercial activity permits for former forest reserves","content":"### sec.185 Provision for commercial activity permits for former forest reserves\n\nThis section applies if—\nland in a forest reserve is dedicated as a protected area; and\nimmediately before the dedication, a person was, under a commercial activity permit (the former permit ) granted under the Forestry Act 1959 , carrying out commercial activities on the land.\nOn the dedication—\nthe former permit ceases to be a permit under the Forestry Act 1959 and becomes a commercial activity permit under this Act to carry out the activities in the protected area; and\nthe holder of the former permit becomes the holder of the commercial activity permit; and\nthe commercial activity permit continues, subject to this Act, for the balance of the term of the former permit.\nTo remove any doubt, it is declared that subsection (2) applies even if the carrying out of the commercial activities under the former permit is not consistent with the management principles for the protected area.\nHowever, the grounds on which the chief executive may refuse an application to renew the commercial activity permit include the ground that the carrying out of the commercial activities under the permit is not consistent with the management principles or a management plan for the protected area.\ns 185 ins 2004 No. 48 s 188\n(sec.185-ssec.1) This section applies if— land in a forest reserve is dedicated as a protected area; and immediately before the dedication, a person was, under a commercial activity permit (the former permit ) granted under the Forestry Act 1959 , carrying out commercial activities on the land.\n(sec.185-ssec.2) On the dedication— the former permit ceases to be a permit under the Forestry Act 1959 and becomes a commercial activity permit under this Act to carry out the activities in the protected area; and the holder of the former permit becomes the holder of the commercial activity permit; and the commercial activity permit continues, subject to this Act, for the balance of the term of the former permit.\n(sec.185-ssec.3) To remove any doubt, it is declared that subsection (2) applies even if the carrying out of the commercial activities under the former permit is not consistent with the management principles for the protected area.\n(sec.185-ssec.4) However, the grounds on which the chief executive may refuse an application to renew the commercial activity permit include the ground that the carrying out of the commercial activities under the permit is not consistent with the management principles or a management plan for the protected area.\n- (a) land in a forest reserve is dedicated as a protected area; and\n- (b) immediately before the dedication, a person was, under a commercial activity permit (the former permit ) granted under the Forestry Act 1959 , carrying out commercial activities on the land.\n- (a) the former permit ceases to be a permit under the Forestry Act 1959 and becomes a commercial activity permit under this Act to carry out the activities in the protected area; and\n- (b) the holder of the former permit becomes the holder of the commercial activity permit; and\n- (c) the commercial activity permit continues, subject to this Act, for the balance of the term of the former permit.","sortOrder":436},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Transitional provision for the Nature Conservation Amendment Act 2004","content":"## Transitional provision for the Nature Conservation Amendment Act 2004","sortOrder":437},{"sectionNumber":"sec.186","sectionType":"section","heading":"Abolition of class of rare wildlife","content":"### sec.186 Abolition of class of rare wildlife\n\nAfter section 78A expires—\nthe class of rare wildlife is abolished; and\na reference in an Act or document to rare wildlife is, if the context permits, redundant.\ns 186 ins 2004 No. 14 s 12 (amd 2004 No. 48 s 193 (3) )\n- (a) the class of rare wildlife is abolished; and\n- (b) a reference in an Act or document to rare wildlife is, if the context permits, redundant.","sortOrder":438},{"sectionNumber":"pt.12-div.4","sectionType":"division","heading":"Transitional provisions for amendments under Waste Reduction and Recycling Act 2011","content":"## Transitional provisions for amendments under Waste Reduction and Recycling Act 2011","sortOrder":439},{"sectionNumber":"sec.187","sectionType":"section","heading":"Existing protected areas and indigenous joint management areas","content":"### sec.187 Existing protected areas and indigenous joint management areas\n\nThis section applies to a protected area or indigenous joint management area dedicated or declared under this Act as in force immediately before the commencement of this section.\nAs soon as practicable after the commencement, the chief executive must give the chief executive (lands) written notice of the existence of the protected area or indigenous joint management area.\nSee section 215 in relation to the application of this section.\nTo remove any doubt, it is declared that sections 33B, 42AR and 70EB do not apply to the protected area or indigenous joint management area.\ns 187 ins 2011 No. 31 s 348\namd 2021 No. 12 s 148 sch 3\n(sec.187-ssec.1) This section applies to a protected area or indigenous joint management area dedicated or declared under this Act as in force immediately before the commencement of this section.\n(sec.187-ssec.2) As soon as practicable after the commencement, the chief executive must give the chief executive (lands) written notice of the existence of the protected area or indigenous joint management area. See section 215 in relation to the application of this section.\n(sec.187-ssec.3) To remove any doubt, it is declared that sections 33B, 42AR and 70EB do not apply to the protected area or indigenous joint management area.","sortOrder":440},{"sectionNumber":"sec.188","sectionType":"section","heading":"Existing leases and conservation agreements must still be registered","content":"### sec.188 Existing leases and conservation agreements must still be registered\n\nThis section applies for a lease granted under any of the following provisions as in force immediately before the commencement of this section (the commencement ), if the lease is still in force after the commencement—\nsection 34;\nsection 42AD(1);\nsection 42AE(1);\nsection 42AN(1).\nAlso, this section applies for a conservation agreement entered into before the commencement, if the agreement—\nis still in force after the commencement; and\nrelates to relevant land under section 50A.\nAs soon as practicable after the commencement, the chief executive must lodge the lease or agreement with the chief executive (lands) for registration.\nSee section 215 in relation to the application of this section.\nFor the Land Act 1994 , chapter 6, part 2, the lease or agreement is taken to have been registered on the day the lease was granted or the agreement was entered into.\ns 188 ins 2011 No. 31 s 348\namd 2021 No. 12 s 148 sch 3\n(sec.188-ssec.1) This section applies for a lease granted under any of the following provisions as in force immediately before the commencement of this section (the commencement ), if the lease is still in force after the commencement— section 34; section 42AD(1); section 42AE(1); section 42AN(1).\n(sec.188-ssec.2) Also, this section applies for a conservation agreement entered into before the commencement, if the agreement— is still in force after the commencement; and relates to relevant land under section 50A.\n(sec.188-ssec.3) As soon as practicable after the commencement, the chief executive must lodge the lease or agreement with the chief executive (lands) for registration. See section 215 in relation to the application of this section.\n(sec.188-ssec.4) For the Land Act 1994 , chapter 6, part 2, the lease or agreement is taken to have been registered on the day the lease was granted or the agreement was entered into.\n- (a) section 34;\n- (b) section 42AD(1);\n- (c) section 42AE(1);\n- (d) section 42AN(1).\n- (a) is still in force after the commencement; and\n- (b) relates to relevant land under section 50A.","sortOrder":441},{"sectionNumber":"pt.12-div.5","sectionType":"division","heading":"Transitional provisions for Nature Conservation and Other Legislation Amendment Act (No. 2) 2013","content":"## Transitional provisions for Nature Conservation and Other Legislation Amendment Act (No. 2) 2013","sortOrder":442},{"sectionNumber":"sec.189","sectionType":"section","heading":"Definitions for sdiv 1","content":"### sec.189 Definitions for sdiv 1\n\nIn this subdivision—\namended part 7 means part 7 as in force at the commencement.\ncommencement means the commencement of this subdivision.\nprevious part 7 means part 7 as in force before the commencement.\nproperly made submission , for a public notice under previous part 7 about a proposal to prepare a draft management plan or conservation plan, or about a draft management plan or conservation plan, means a submission made in response to the notice before the day specified in the notice as the day by which submissions may be made (whether or not the submission was made before or after the commencement).\ns 189 ins 2013 No. 55 s 82","sortOrder":443},{"sectionNumber":"sec.190","sectionType":"section","heading":"Application of amended part 7 to existing dedications or declarations","content":"### sec.190 Application of amended part 7 to existing dedications or declarations\n\nThis section applies if—\nbefore the commencement, a management plan was required to be prepared for a protected area or indigenous joint management area; and\nat the commencement, a management plan is not in effect for the area.\nFrom the commencement—\nthe requirement under previous part 7 to prepare a management plan for the area stops applying for the area; and\namended part 7 applies for the area, subject to subsections (3) to (5) and section 191, as if it had been in force when the area was dedicated or declared.\nSubsections (4) and (5) apply if the Minister had started the process for preparing a management plan for the area under previous part 7 before the commencement.\nAnything done by the Minister for preparing the plan under previous part 7 is taken to have been done by—\nthe chief executive; or\nif the Minister decides to prepare a management plan for the area under amended part 7—the Minister.\nIf the Minister had given a public notice under previous part 7 about a proposal to prepare a draft management plan, or about a draft management plan, for the area—\nthe chief executive must have regard to any properly made submissions for the notice in preparing a management statement under amended part 7 for the area; or\nif the Minister decides to prepare a management plan for the area—the Minister must have regard to any properly made submissions for the notice in preparing the management plan.\ns 190 ins 2013 No. 55 s 82\n(sec.190-ssec.1) This section applies if— before the commencement, a management plan was required to be prepared for a protected area or indigenous joint management area; and at the commencement, a management plan is not in effect for the area.\n(sec.190-ssec.2) From the commencement— the requirement under previous part 7 to prepare a management plan for the area stops applying for the area; and amended part 7 applies for the area, subject to subsections (3) to (5) and section 191, as if it had been in force when the area was dedicated or declared.\n(sec.190-ssec.3) Subsections (4) and (5) apply if the Minister had started the process for preparing a management plan for the area under previous part 7 before the commencement.\n(sec.190-ssec.4) Anything done by the Minister for preparing the plan under previous part 7 is taken to have been done by— the chief executive; or if the Minister decides to prepare a management plan for the area under amended part 7—the Minister.\n(sec.190-ssec.5) If the Minister had given a public notice under previous part 7 about a proposal to prepare a draft management plan, or about a draft management plan, for the area— the chief executive must have regard to any properly made submissions for the notice in preparing a management statement under amended part 7 for the area; or if the Minister decides to prepare a management plan for the area—the Minister must have regard to any properly made submissions for the notice in preparing the management plan.\n- (a) before the commencement, a management plan was required to be prepared for a protected area or indigenous joint management area; and\n- (b) at the commencement, a management plan is not in effect for the area.\n- (a) the requirement under previous part 7 to prepare a management plan for the area stops applying for the area; and\n- (b) amended part 7 applies for the area, subject to subsections (3) to (5) and section 191, as if it had been in force when the area was dedicated or declared.\n- (a) the chief executive; or\n- (b) if the Minister decides to prepare a management plan for the area under amended part 7—the Minister.\n- (a) the chief executive must have regard to any properly made submissions for the notice in preparing a management statement under amended part 7 for the area; or\n- (b) if the Minister decides to prepare a management plan for the area—the Minister must have regard to any properly made submissions for the notice in preparing the management plan.","sortOrder":444},{"sectionNumber":"sec.191","sectionType":"section","heading":"Existing management statements","content":"### sec.191 Existing management statements\n\nThis section applies to a document about an area prepared by the chief executive that—\nis consistent with the requirements for a management statement under section 113; and\nat the commencement, is published on the department’s website.\nThe document—\nis taken to be a management statement made by the chief executive under amended part 7; and\ntakes effect as a management statement for the area on the commencement.\nTo remove any doubt, it is declared that sections 113A and 113B do not apply to the management statement.\ns 191 ins 2013 No. 55 s 82\n(sec.191-ssec.1) This section applies to a document about an area prepared by the chief executive that— is consistent with the requirements for a management statement under section 113; and at the commencement, is published on the department’s website.\n(sec.191-ssec.2) The document— is taken to be a management statement made by the chief executive under amended part 7; and takes effect as a management statement for the area on the commencement.\n(sec.191-ssec.3) To remove any doubt, it is declared that sections 113A and 113B do not apply to the management statement.\n- (a) is consistent with the requirements for a management statement under section 113; and\n- (b) at the commencement, is published on the department’s website.\n- (a) is taken to be a management statement made by the chief executive under amended part 7; and\n- (b) takes effect as a management statement for the area on the commencement.","sortOrder":445},{"sectionNumber":"sec.192","sectionType":"section","heading":"Preparation of other plans not completed at commencement","content":"### sec.192 Preparation of other plans not completed at commencement\n\nThis section applies if, before the commencement, the Minister had started, but not completed, the process for preparing a plan for an area or wildlife under previous part 7.\nFrom the commencement, amended part 7 applies for the preparation of the plan, subject to subsections (3) and (4).\nAnything done by the Minister for preparing the plan under previous part 7 is taken to have been done by the Minister under amended part 7.\nIf the Minister had given a public notice under previous part 7 about a proposal to prepare the draft plan, or about the draft plan, for the area or wildlife, the Minister must have regard to any properly made submissions for the notice in preparing the final plan for the area or wildlife.\nIn this section—\nplan means—\na management plan to amend another management plan; or\na conservation plan; or\na conservation plan to amend another conservation plan.\nwildlife includes a class of wildlife.\ns 192 ins 2013 No. 55 s 82\n(sec.192-ssec.1) This section applies if, before the commencement, the Minister had started, but not completed, the process for preparing a plan for an area or wildlife under previous part 7.\n(sec.192-ssec.2) From the commencement, amended part 7 applies for the preparation of the plan, subject to subsections (3) and (4).\n(sec.192-ssec.3) Anything done by the Minister for preparing the plan under previous part 7 is taken to have been done by the Minister under amended part 7.\n(sec.192-ssec.4) If the Minister had given a public notice under previous part 7 about a proposal to prepare the draft plan, or about the draft plan, for the area or wildlife, the Minister must have regard to any properly made submissions for the notice in preparing the final plan for the area or wildlife.\n(sec.192-ssec.5) In this section— plan means— a management plan to amend another management plan; or a conservation plan; or a conservation plan to amend another conservation plan. wildlife includes a class of wildlife.\n- (a) a management plan to amend another management plan; or\n- (b) a conservation plan; or\n- (c) a conservation plan to amend another conservation plan.","sortOrder":446},{"sectionNumber":"sec.193","sectionType":"section","heading":"References to particular protected areas","content":"### sec.193 References to particular protected areas\n\nA reference in an Act or document to any of the following is, if the context permits, redundant—\na wilderness area under this Act;\na World Heritage management area under this Act;\nan international agreement area under this Act.\ns 193 ins 2013 No. 55 s 82\n- (a) a wilderness area under this Act;\n- (b) a World Heritage management area under this Act;\n- (c) an international agreement area under this Act.","sortOrder":447},{"sectionNumber":"sec.194","sectionType":"section","heading":"Existing leases must still be registered","content":"### sec.194 Existing leases must still be registered\n\nThis section applies for a lease granted under any of the following provisions as in force before the commencement, if the lease is still in force at the commencement—\nsection 35;\nsection 35A;\nsection 36;\nsection 42AEA;\nsection 42AO;\nsection 42AOA.\nAs soon as practicable after the commencement, the chief executive must lodge the lease with the chief executive (lands) for registration.\nSee section 215 in relation to the application of this section.\nFor the Land Act 1994 , chapter 6, part 2, the lease is taken to have been registered on the day the lease was granted.\ns 194 ins 2013 No. 55 s 82\namd 2021 No. 12 s 148 sch 3\n(sec.194-ssec.1) This section applies for a lease granted under any of the following provisions as in force before the commencement, if the lease is still in force at the commencement— section 35; section 35A; section 36; section 42AEA; section 42AO; section 42AOA.\n(sec.194-ssec.2) As soon as practicable after the commencement, the chief executive must lodge the lease with the chief executive (lands) for registration. See section 215 in relation to the application of this section.\n(sec.194-ssec.3) For the Land Act 1994 , chapter 6, part 2, the lease is taken to have been registered on the day the lease was granted.\n- (a) section 35;\n- (b) section 35A;\n- (c) section 36;\n- (d) section 42AEA;\n- (e) section 42AO;\n- (f) section 42AOA.","sortOrder":448},{"sectionNumber":"sec.195","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sec.195 Definitions for sdiv 2\n\nIn this subdivision—\namendment Act means the Nature Conservation Act 1992 .\ncommencement means the commencement of this subdivision.\nold class , of protected area, means any of the following classes of protected area under the unamended Act—\nnational park (scientific);\nnational park (recovery);\nconservation park;\nresources reserve.\nunamended Act means this Act as in force before the commencement.\ns 195 ins 2013 No. 55 s 153\n- (a) national park (scientific);\n- (b) national park (recovery);\n- (c) conservation park;\n- (d) resources reserve.","sortOrder":449},{"sectionNumber":"sec.196","sectionType":"section","heading":"National parks (scientific) taken to be national parks and special management areas (scientific)","content":"### sec.196 National parks (scientific) taken to be national parks and special management areas (scientific)\n\nOn the commencement, the area of each national park (scientific)—\ncontinues as a national park under this Act as if it had been dedicated under this Act as a national park; and\nis taken to be declared under this Act as a special management area (scientific).\nAs soon as practicable after the commencement, the chief executive must—\nerect or display a notice for the special management area complying with the requirements stated in section 42A(2); and\npublish a copy of the notice on the department’s website and in the gazette.\nIn this section—\nnational park (scientific) means an area that, immediately before the commencement, was a national park (scientific) under this Act.\ns 196 ins 2013 No. 55 s 153\n(sec.196-ssec.1) On the commencement, the area of each national park (scientific)— continues as a national park under this Act as if it had been dedicated under this Act as a national park; and is taken to be declared under this Act as a special management area (scientific).\n(sec.196-ssec.2) As soon as practicable after the commencement, the chief executive must— erect or display a notice for the special management area complying with the requirements stated in section 42A(2); and publish a copy of the notice on the department’s website and in the gazette.\n(sec.196-ssec.3) In this section— national park (scientific) means an area that, immediately before the commencement, was a national park (scientific) under this Act.\n- (a) continues as a national park under this Act as if it had been dedicated under this Act as a national park; and\n- (b) is taken to be declared under this Act as a special management area (scientific).\n- (a) erect or display a notice for the special management area complying with the requirements stated in section 42A(2); and\n- (b) publish a copy of the notice on the department’s website and in the gazette.","sortOrder":450},{"sectionNumber":"sec.197","sectionType":"section","heading":"National parks (recovery) taken to be national parks and special management areas (controlled action)","content":"### sec.197 National parks (recovery) taken to be national parks and special management areas (controlled action)\n\nOn the commencement, the area of each national park (recovery)—\ncontinues as a national park under this Act as if it had been dedicated under this Act as a national park; and\nis taken to be declared under this Act as a special management area (controlled action) to allow activities of the type, or for the purpose, stated in section 17(1A)(a)(i).\nAs soon as practicable after the commencement, the chief executive must—\nerect or display a notice for the special management area complying with the requirements stated in section 42A(2); and\npublish a copy of the notice on the department’s website and in the gazette.\nIn this section—\nnational park (recovery) means an area that, immediately before the commencement, was a national park (recovery) under this Act.\ns 197 ins 2013 No. 55 s 153\n(sec.197-ssec.1) On the commencement, the area of each national park (recovery)— continues as a national park under this Act as if it had been dedicated under this Act as a national park; and is taken to be declared under this Act as a special management area (controlled action) to allow activities of the type, or for the purpose, stated in section 17(1A)(a)(i).\n(sec.197-ssec.2) As soon as practicable after the commencement, the chief executive must— erect or display a notice for the special management area complying with the requirements stated in section 42A(2); and publish a copy of the notice on the department’s website and in the gazette.\n(sec.197-ssec.3) In this section— national park (recovery) means an area that, immediately before the commencement, was a national park (recovery) under this Act.\n- (a) continues as a national park under this Act as if it had been dedicated under this Act as a national park; and\n- (b) is taken to be declared under this Act as a special management area (controlled action) to allow activities of the type, or for the purpose, stated in section 17(1A)(a)(i).\n- (a) erect or display a notice for the special management area complying with the requirements stated in section 42A(2); and\n- (b) publish a copy of the notice on the department’s website and in the gazette.","sortOrder":451},{"sectionNumber":"sec.198","sectionType":"section","heading":"Conservation parks taken to be regional parks","content":"### sec.198 Conservation parks taken to be regional parks\n\nOn the commencement, the area of each conservation park continues under this Act as a regional park as if it had been dedicated under this Act as a regional park.\nIn this section—\nconservation park means an area that, immediately before the commencement, was a conservation park under this Act.\ns 198 ins 2013 No. 55 s 153\n(sec.198-ssec.1) On the commencement, the area of each conservation park continues under this Act as a regional park as if it had been dedicated under this Act as a regional park.\n(sec.198-ssec.2) In this section— conservation park means an area that, immediately before the commencement, was a conservation park under this Act.","sortOrder":452},{"sectionNumber":"sec.199","sectionType":"section","heading":"Resources reserves taken to be regional parks and regional park (resource use area)","content":"### sec.199 Resources reserves taken to be regional parks and regional park (resource use area)\n\nOn the commencement, the area of each resources reserve—\ncontinues under this Act as a regional park as if it had been dedicated under this Act as a regional park; and\ndespite section 42C, is taken to be declared under this Act as a regional park (resource use area).\nIn this section—\nresources reserve means an area that, immediately before the commencement, was a resources reserve under this Act.\ns 199 ins 2013 No. 55 s 153\n(sec.199-ssec.1) On the commencement, the area of each resources reserve— continues under this Act as a regional park as if it had been dedicated under this Act as a regional park; and despite section 42C, is taken to be declared under this Act as a regional park (resource use area).\n(sec.199-ssec.2) In this section— resources reserve means an area that, immediately before the commencement, was a resources reserve under this Act.\n- (a) continues under this Act as a regional park as if it had been dedicated under this Act as a regional park; and\n- (b) despite section 42C, is taken to be declared under this Act as a regional park (resource use area).","sortOrder":453},{"sectionNumber":"sec.200","sectionType":"section","heading":"References to particular protected areas","content":"### sec.200 References to particular protected areas\n\nFrom the commencement, in an Act or document—\na reference to a national park (scientific) may, if the context permits, be taken to be a reference to—\na national park; or\na special management area (scientific); and\na reference to a national park (recovery) may, if the context permits, be taken to be a reference to—\na national park; or\na special management area (controlled action); and\na reference to a conservation park may, if the context permits, be taken to be a reference to—\na regional park; or\na regional park (general); and\na reference to a resources reserve may, if the context permits, be taken to be a reference to—\na regional park; or\na regional park (resource use area).\ns 200 ins 2013 No. 55 s 153\n- (a) a reference to a national park (scientific) may, if the context permits, be taken to be a reference to— (i) a national park; or (ii) a special management area (scientific); and\n- (i) a national park; or\n- (ii) a special management area (scientific); and\n- (b) a reference to a national park (recovery) may, if the context permits, be taken to be a reference to— (i) a national park; or (ii) a special management area (controlled action); and\n- (i) a national park; or\n- (ii) a special management area (controlled action); and\n- (c) a reference to a conservation park may, if the context permits, be taken to be a reference to— (i) a regional park; or (ii) a regional park (general); and\n- (i) a regional park; or\n- (ii) a regional park (general); and\n- (d) a reference to a resources reserve may, if the context permits, be taken to be a reference to— (i) a regional park; or (ii) a regional park (resource use area).\n- (i) a regional park; or\n- (ii) a regional park (resource use area).\n- (i) a national park; or\n- (ii) a special management area (scientific); and\n- (i) a national park; or\n- (ii) a special management area (controlled action); and\n- (i) a regional park; or\n- (ii) a regional park (general); and\n- (i) a regional park; or\n- (ii) a regional park (resource use area).","sortOrder":454},{"sectionNumber":"sec.201","sectionType":"section","heading":"Trustees of conservation parks and resources reserves continue","content":"### sec.201 Trustees of conservation parks and resources reserves continue\n\nThis section applies if, immediately before the commencement, an area was a conservation park or resources reserve under the management of trustees under this Act.\nA person who was, immediately before the commencement, a trustee of the area under this Act, continues to be a trustee of the area as a regional park under this Act.\nThe trust over the area continues as a trust under this Act over the area as a regional park.\ns 201 ins 2013 No. 55 s 153\n(sec.201-ssec.1) This section applies if, immediately before the commencement, an area was a conservation park or resources reserve under the management of trustees under this Act.\n(sec.201-ssec.2) A person who was, immediately before the commencement, a trustee of the area under this Act, continues to be a trustee of the area as a regional park under this Act.\n(sec.201-ssec.3) The trust over the area continues as a trust under this Act over the area as a regional park.","sortOrder":455},{"sectionNumber":"sec.202","sectionType":"section","heading":"Change in class does not affect instruments applying to an area","content":"### sec.202 Change in class does not affect instruments applying to an area\n\nThis section applies if, under this subdivision, an area is changed from an old class of protected area to another class of protected area (the new class ).\nAny of the following (each a relevant instrument ) in force for the area immediately before the commencement continues to apply to the area as a protected area of the new class—\na lease, agreement, licence, permit or other authority;\na management statement;\na management plan;\na direction, requirement, notice or decision given or made, in writing, under this Act.\nThe relevant instrument continues in force for the area until it expires, is terminated or repealed or otherwise ends under its terms or this Act.\nSubsections (2) and (3) apply even if the relevant instrument authorises the carrying out of activities in the area that are not consistent with the management principles for protected areas of the new class.\ns 202 ins 2013 No. 55 s 153\n(sec.202-ssec.1) This section applies if, under this subdivision, an area is changed from an old class of protected area to another class of protected area (the new class ).\n(sec.202-ssec.2) Any of the following (each a relevant instrument ) in force for the area immediately before the commencement continues to apply to the area as a protected area of the new class— a lease, agreement, licence, permit or other authority; a management statement; a management plan; a direction, requirement, notice or decision given or made, in writing, under this Act.\n(sec.202-ssec.3) The relevant instrument continues in force for the area until it expires, is terminated or repealed or otherwise ends under its terms or this Act.\n(sec.202-ssec.4) Subsections (2) and (3) apply even if the relevant instrument authorises the carrying out of activities in the area that are not consistent with the management principles for protected areas of the new class.\n- (a) a lease, agreement, licence, permit or other authority;\n- (b) a management statement;\n- (c) a management plan;\n- (d) a direction, requirement, notice or decision given or made, in writing, under this Act.","sortOrder":456},{"sectionNumber":"sec.203","sectionType":"section","heading":"Particular previous use authorities continue","content":"### sec.203 Particular previous use authorities continue\n\nThis section applies to a previous use authority taken to have been granted by the chief executive under section 173R(2) as in force before the commencement if the authority is still in force immediately before the commencement.\nSection 173R(3) and (4) of the unamended Act continue to apply to the previous use authority as if the amendment Act had not been enacted.\ns 203 ins 2013 No. 55 s 153\n(sec.203-ssec.1) This section applies to a previous use authority taken to have been granted by the chief executive under section 173R(2) as in force before the commencement if the authority is still in force immediately before the commencement.\n(sec.203-ssec.2) Section 173R(3) and (4) of the unamended Act continue to apply to the previous use authority as if the amendment Act had not been enacted.","sortOrder":457},{"sectionNumber":"sec.204","sectionType":"section","heading":"Deciding application for lease etc. for a protected area of an old class","content":"### sec.204 Deciding application for lease etc. for a protected area of an old class\n\nThis section applies to an application for a lease, agreement, licence, permit or other authority (the relevant authority ) that—\nwas made, but not decided, under this Act before the commencement; and\nis for a protected area of an old class that, under this subdivision, is changed to a protected area of another class (the new class ).\nThe application is to be decided, as an application for the relevant authority for a protected area of the old class, under the unamended Act, as if the amendment Act had not been enacted.\nIf the application is granted, the chief executive must give or grant to the applicant the relevant authority for the area as a protected area of the new class.\nTo remove any doubt, it is declared that subsection (3) applies even if the carrying out of the activities under the relevant authority is not consistent with the management principles for protected areas of the new class.\nHowever, the grounds on which the chief executive may refuse an application to renew the relevant authority include the ground that the carrying out of the activities under the authority is not consistent with the management principles for protected areas of the new class.\ns 204 ins 2013 No. 55 s 153\n(sec.204-ssec.1) This section applies to an application for a lease, agreement, licence, permit or other authority (the relevant authority ) that— was made, but not decided, under this Act before the commencement; and is for a protected area of an old class that, under this subdivision, is changed to a protected area of another class (the new class ).\n(sec.204-ssec.2) The application is to be decided, as an application for the relevant authority for a protected area of the old class, under the unamended Act, as if the amendment Act had not been enacted.\n(sec.204-ssec.3) If the application is granted, the chief executive must give or grant to the applicant the relevant authority for the area as a protected area of the new class.\n(sec.204-ssec.4) To remove any doubt, it is declared that subsection (3) applies even if the carrying out of the activities under the relevant authority is not consistent with the management principles for protected areas of the new class.\n(sec.204-ssec.5) However, the grounds on which the chief executive may refuse an application to renew the relevant authority include the ground that the carrying out of the activities under the authority is not consistent with the management principles for protected areas of the new class.\n- (a) was made, but not decided, under this Act before the commencement; and\n- (b) is for a protected area of an old class that, under this subdivision, is changed to a protected area of another class (the new class ).","sortOrder":458},{"sectionNumber":"pt.12-div.6","sectionType":"division","heading":"Transitional provisions for Nature Conservation and Other Legislation Amendment Act 2016","content":"## Transitional provisions for Nature Conservation and Other Legislation Amendment Act 2016","sortOrder":459},{"sectionNumber":"sec.205","sectionType":"section","heading":"Definitions for division","content":"### sec.205 Definitions for division\n\nIn this division—\nold class , of protected area, means—\na national park in which an area of the national park was declared as a special management area (scientific) under the unamended Act; or\na regional park under the unamended Act.\nunamended Act means this Act as in force immediately before the commencement.\ns 205 prev s 205 ins 2013 No. 55 s 153\nexp 28 March 2015 (see s 205(4))\npres s 205 ins 2016 No. 22 s 30\n- (a) a national park in which an area of the national park was declared as a special management area (scientific) under the unamended Act; or\n- (b) a regional park under the unamended Act.","sortOrder":460},{"sectionNumber":"sec.206","sectionType":"section","heading":"Application of division","content":"### sec.206 Application of division\n\nThis division applies despite any provision of division 5.\ns 206 prev s 206 ins 2014 No. 33 s 132\nexp 1 July 2015 (see s 206(4))\npres s 206 ins 2016 No. 22 s 30","sortOrder":461},{"sectionNumber":"sec.207","sectionType":"section","heading":"Special management area (scientific) taken to be national park (scientific)","content":"### sec.207 Special management area (scientific) taken to be national park (scientific)\n\nOn the commencement, each special management area (scientific) under the unamended Act is taken to be a national park (scientific).\ns 207 ins 2016 No. 22 s 30","sortOrder":462},{"sectionNumber":"sec.208","sectionType":"section","heading":"Regional park (general) taken to be conservation park","content":"### sec.208 Regional park (general) taken to be conservation park\n\nOn the commencement, each regional park (general) under the unamended Act is taken to be a conservation park.\ns 208 ins 2016 No. 22 s 30","sortOrder":463},{"sectionNumber":"sec.209","sectionType":"section","heading":"Regional park (resource use area) taken to be resources reserve","content":"### sec.209 Regional park (resource use area) taken to be resources reserve\n\nOn the commencement, each regional park (resource use area) under the unamended Act is taken to be a resources reserve.\ns 209 ins 2016 No. 22 s 30","sortOrder":464},{"sectionNumber":"sec.210","sectionType":"section","heading":"References to particular protected areas","content":"### sec.210 References to particular protected areas\n\nFrom the commencement, in an Act or document—\na reference to a special management area (scientific) may, if the context permits, be taken to be a reference to a national park (scientific); and\na reference to a regional park may, if the context permits, be taken to be a reference to a conservation park or resources reserve; and\na reference to a regional park (general) may, if the context permits, be taken to be a reference to a conservation park; and\na reference to a regional park (resource use area) may, if the context permits, be taken to be a reference to a resources reserve.\ns 210 ins 2016 No. 22 s 30\n- (a) a reference to a special management area (scientific) may, if the context permits, be taken to be a reference to a national park (scientific); and\n- (b) a reference to a regional park may, if the context permits, be taken to be a reference to a conservation park or resources reserve; and\n- (c) a reference to a regional park (general) may, if the context permits, be taken to be a reference to a conservation park; and\n- (d) a reference to a regional park (resource use area) may, if the context permits, be taken to be a reference to a resources reserve.","sortOrder":465},{"sectionNumber":"sec.211","sectionType":"section","heading":"Trustees of regional park (general)","content":"### sec.211 Trustees of regional park (general)\n\nThis section applies if, immediately before the commencement, an area was a regional park (general) under the management of trustees under this Act.\nA person who was, immediately before the commencement, a trustee of the area under this Act, continues to be a trustee of the area as a conservation park under this Act.\nThe trust over the area continues as a trust under this Act over the area as a conservation park.\ns 211 ins 2016 No. 22 s 30\n(sec.211-ssec.1) This section applies if, immediately before the commencement, an area was a regional park (general) under the management of trustees under this Act.\n(sec.211-ssec.2) A person who was, immediately before the commencement, a trustee of the area under this Act, continues to be a trustee of the area as a conservation park under this Act.\n(sec.211-ssec.3) The trust over the area continues as a trust under this Act over the area as a conservation park. s 211 ins 2016 No. 22 s 30","sortOrder":466},{"sectionNumber":"sec.212","sectionType":"section","heading":"Trustees of regional park (resource use area)","content":"### sec.212 Trustees of regional park (resource use area)\n\nThis section applies if, immediately before the commencement, an area was a regional park (resource use area) under the management of trustees under this Act.\nA person who was, immediately before the commencement, a trustee of the area under this Act, continues to be a trustee of the area as a resources reserve under this Act.\nThe trust over the area continues as a trust under this Act over the area as a resources reserve.\ns 212 ins 2016 No. 22 s 30\n(sec.212-ssec.1) This section applies if, immediately before the commencement, an area was a regional park (resource use area) under the management of trustees under this Act.\n(sec.212-ssec.2) A person who was, immediately before the commencement, a trustee of the area under this Act, continues to be a trustee of the area as a resources reserve under this Act.\n(sec.212-ssec.3) The trust over the area continues as a trust under this Act over the area as a resources reserve.","sortOrder":467},{"sectionNumber":"sec.213","sectionType":"section","heading":"Change in class does not affect instruments applying to an area","content":"### sec.213 Change in class does not affect instruments applying to an area\n\nThis section applies if, under this division, an area is changed from an old class of protected area to another class of protected area (the new class ).\nAny of the following (each a relevant instrument ) in force for the area immediately before the commencement continues to apply to the area as a protected area of the new class—\na lease, agreement, licence, permit or other authority under this Act or another Act;\na management statement;\na management plan;\na direction, requirement, notice or decision given or made, in writing, under this Act.\nThe relevant instrument continues in force for the area until it expires, is terminated or repealed or otherwise ends under its terms, under this Act or another Act.\nSubsections (2) and (3) apply even if the relevant instrument authorises the carrying out of activities in the area that are not consistent with the management principles for protected areas of the new class.\ns 213 ins 2016 No. 22 s 30\n(sec.213-ssec.1) This section applies if, under this division, an area is changed from an old class of protected area to another class of protected area (the new class ).\n(sec.213-ssec.2) Any of the following (each a relevant instrument ) in force for the area immediately before the commencement continues to apply to the area as a protected area of the new class— a lease, agreement, licence, permit or other authority under this Act or another Act; a management statement; a management plan; a direction, requirement, notice or decision given or made, in writing, under this Act.\n(sec.213-ssec.3) The relevant instrument continues in force for the area until it expires, is terminated or repealed or otherwise ends under its terms, under this Act or another Act.\n(sec.213-ssec.4) Subsections (2) and (3) apply even if the relevant instrument authorises the carrying out of activities in the area that are not consistent with the management principles for protected areas of the new class. s 213 ins 2016 No. 22 s 30\n- (a) a lease, agreement, licence, permit or other authority under this Act or another Act;\n- (b) a management statement;\n- (c) a management plan;\n- (d) a direction, requirement, notice or decision given or made, in writing, under this Act.","sortOrder":468},{"sectionNumber":"sec.214","sectionType":"section","heading":"Deciding application for relevant authorities","content":"### sec.214 Deciding application for relevant authorities\n\nThis section applies to an application for a lease, agreement, licence, permit or other authority (the relevant authority ) that—\nwas made, but not decided, under this Act before the commencement; and\nis for a protected area of an old class that, under this division, is changed to a protected area of another class (the new class ).\nThe application is to be decided, as an application for the relevant authority for a protected area of the old class—\nunder this Act as in force before the commencement; and\nas if the Nature Conservation and Other Legislation Amendment Act 2016 had not been enacted.\nIf the application is granted, the chief executive must give or grant to the applicant the relevant authority for the area as a protected area of the new class.\nTo remove any doubt, it is declared that subsection (3) applies even if the carrying out of the activities under the relevant authority is not consistent with the management principles for protected areas of the new class.\nHowever, the grounds on which the chief executive may refuse an application to renew the relevant authority include the ground that the carrying out of the activities under the authority is not consistent with the management principles for protected areas of the new class.\ns 214 ins 2016 No. 22 s 30\n(sec.214-ssec.1) This section applies to an application for a lease, agreement, licence, permit or other authority (the relevant authority ) that— was made, but not decided, under this Act before the commencement; and is for a protected area of an old class that, under this division, is changed to a protected area of another class (the new class ).\n(sec.214-ssec.2) The application is to be decided, as an application for the relevant authority for a protected area of the old class— under this Act as in force before the commencement; and as if the Nature Conservation and Other Legislation Amendment Act 2016 had not been enacted.\n(sec.214-ssec.3) If the application is granted, the chief executive must give or grant to the applicant the relevant authority for the area as a protected area of the new class.\n(sec.214-ssec.4) To remove any doubt, it is declared that subsection (3) applies even if the carrying out of the activities under the relevant authority is not consistent with the management principles for protected areas of the new class.\n(sec.214-ssec.5) However, the grounds on which the chief executive may refuse an application to renew the relevant authority include the ground that the carrying out of the activities under the authority is not consistent with the management principles for protected areas of the new class.\n- (a) was made, but not decided, under this Act before the commencement; and\n- (b) is for a protected area of an old class that, under this division, is changed to a protected area of another class (the new class ).\n- (a) under this Act as in force before the commencement; and\n- (b) as if the Nature Conservation and Other Legislation Amendment Act 2016 had not been enacted.","sortOrder":469},{"sectionNumber":"pt.12-div.7","sectionType":"division","heading":"Transitional provision for Queensland Future Fund (Titles Registry) Act 2021","content":"## Transitional provision for Queensland Future Fund (Titles Registry) Act 2021","sortOrder":470},{"sectionNumber":"sec.215","sectionType":"section","heading":"Application of ss 187, 188 and 194","content":"### sec.215 Application of ss 187, 188 and 194\n\nSections 187, 188 and 194 apply as if a reference in the provisions to the chief executive (lands) were a reference to the registrar of titles.\ns 215 ins 2021 No. 12 s 148 sch 3","sortOrder":471},{"sectionNumber":"pt.12-div.8","sectionType":"division","heading":"Transitional provisions for Nature Conservation and Other Legislation Amendment Act 2022","content":"## Transitional provisions for Nature Conservation and Other Legislation Amendment Act 2022","sortOrder":472},{"sectionNumber":"sec.216","sectionType":"section","heading":"Review of existing original decisions","content":"### sec.216 Review of existing original decisions\n\nThis section applies if—\nbefore the commencement, a decision was made that was an original decision under a former review provision; and\nimmediately before the commencement, any of the following circumstances applied, under a former review provision, in relation to the decision—\nthe period during which an application for internal review, external review or a stay of the decision could be made had not ended;\nan application made under a former review provision had not been decided.\nThe application may be decided, or made and decided, under the former review provision as if the Nature Conservation and Other Legislation Amendment Act 2022 , part 4, division 2 had not been enacted.\nIn this section—\nformer review provision means each of the following provisions, as in force immediately before the commencement—\nthe Nature Conservation (Animals) Regulation 2020 , chapter 11, part 1;\nthe Nature Conservation (Plants) Regulation 2020 , chapter 11, part 1;\nthe Nature Conservation (Protected Areas Management) Regulation 2017 , chapter 8B, part 1.\ns 216 ins 2022 No. 21 s 23\n(sec.216-ssec.1) This section applies if— before the commencement, a decision was made that was an original decision under a former review provision; and immediately before the commencement, any of the following circumstances applied, under a former review provision, in relation to the decision— the period during which an application for internal review, external review or a stay of the decision could be made had not ended; an application made under a former review provision had not been decided.\n(sec.216-ssec.2) The application may be decided, or made and decided, under the former review provision as if the Nature Conservation and Other Legislation Amendment Act 2022 , part 4, division 2 had not been enacted.\n(sec.216-ssec.3) In this section— former review provision means each of the following provisions, as in force immediately before the commencement— the Nature Conservation (Animals) Regulation 2020 , chapter 11, part 1; the Nature Conservation (Plants) Regulation 2020 , chapter 11, part 1; the Nature Conservation (Protected Areas Management) Regulation 2017 , chapter 8B, part 1.\n- (a) before the commencement, a decision was made that was an original decision under a former review provision; and\n- (b) immediately before the commencement, any of the following circumstances applied, under a former review provision, in relation to the decision— (i) the period during which an application for internal review, external review or a stay of the decision could be made had not ended; (ii) an application made under a former review provision had not been decided.\n- (i) the period during which an application for internal review, external review or a stay of the decision could be made had not ended;\n- (ii) an application made under a former review provision had not been decided.\n- (i) the period during which an application for internal review, external review or a stay of the decision could be made had not ended;\n- (ii) an application made under a former review provision had not been decided.\n- (a) the Nature Conservation (Animals) Regulation 2020 , chapter 11, part 1;\n- (b) the Nature Conservation (Plants) Regulation 2020 , chapter 11, part 1;\n- (c) the Nature Conservation (Protected Areas Management) Regulation 2017 , chapter 8B, part 1.","sortOrder":473},{"sectionNumber":"sec.217","sectionType":"section","heading":"Things seized before commencement","content":"### sec.217 Things seized before commencement\n\nThis section applies if—\nbefore the commencement, a thing was seized under the Act ; and\nimmediately before the commencement, the thing had not been released, sold, disposed of or otherwise dealt with in the way required under a former seizure provision.\nThe thing may be released, sold, disposed of or otherwise dealt with under the former seizure provision as if the Nature Conservation and Other Legislation Amendment Act 2022 , part 4, division 2 had not been enacted.\nIn this section—\nformer seizure provision means each of the following provisions, as in force immediately before the commencement—\npart 9;\nthe Nature Conservation (Animals) Regulation 2020 , chapter 11, part 2;\nthe Nature Conservation (Plants) Regulation 2020 , chapter 11, part 2;\nthe Nature Conservation (Protected Areas Management) Regulation 2017 , chapter 8.\ns 217 ins 2022 No. 21 s 23\n(sec.217-ssec.1) This section applies if— before the commencement, a thing was seized under the Act ; and immediately before the commencement, the thing had not been released, sold, disposed of or otherwise dealt with in the way required under a former seizure provision.\n(sec.217-ssec.2) The thing may be released, sold, disposed of or otherwise dealt with under the former seizure provision as if the Nature Conservation and Other Legislation Amendment Act 2022 , part 4, division 2 had not been enacted.\n(sec.217-ssec.3) In this section— former seizure provision means each of the following provisions, as in force immediately before the commencement— part 9; the Nature Conservation (Animals) Regulation 2020 , chapter 11, part 2; the Nature Conservation (Plants) Regulation 2020 , chapter 11, part 2; the Nature Conservation (Protected Areas Management) Regulation 2017 , chapter 8.\n- (a) before the commencement, a thing was seized under the Act ; and\n- (b) immediately before the commencement, the thing had not been released, sold, disposed of or otherwise dealt with in the way required under a former seizure provision.\n- (a) part 9;\n- (b) the Nature Conservation (Animals) Regulation 2020 , chapter 11, part 2;\n- (c) the Nature Conservation (Plants) Regulation 2020 , chapter 11, part 2;\n- (d) the Nature Conservation (Protected Areas Management) Regulation 2017 , chapter 8.","sortOrder":474},{"sectionNumber":"sec.218","sectionType":"section","heading":"Existing approved forms","content":"### sec.218 Existing approved forms\n\nThis section applies in relation to a form that was—\napproved by the chief executive under a former relevant provision; and\nin effect immediately before the commencement.\nOn the commencement, the form is taken to be approved by the chief executive under section 174D for the purpose for which it was approved under the former relevant provision.\nIn this section—\nformer relevant provision means each of the following provisions, as in force from time to time before the commencement—\nthe Nature Conservation (Animals) Regulation 2020 , section 396;\nthe Nature Conservation (Plants) Regulation 2020 , section 207;\nthe Nature Conservation (Protected Areas Management) Regulation 2017 , section 159BL.\ns 218 ins 2022 No. 21 s 23\n(sec.218-ssec.1) This section applies in relation to a form that was— approved by the chief executive under a former relevant provision; and in effect immediately before the commencement.\n(sec.218-ssec.2) On the commencement, the form is taken to be approved by the chief executive under section 174D for the purpose for which it was approved under the former relevant provision.\n(sec.218-ssec.3) In this section— former relevant provision means each of the following provisions, as in force from time to time before the commencement— the Nature Conservation (Animals) Regulation 2020 , section 396; the Nature Conservation (Plants) Regulation 2020 , section 207; the Nature Conservation (Protected Areas Management) Regulation 2017 , section 159BL.\n- (a) approved by the chief executive under a former relevant provision; and\n- (b) in effect immediately before the commencement.\n- (a) the Nature Conservation (Animals) Regulation 2020 , section 396;\n- (b) the Nature Conservation (Plants) Regulation 2020 , section 207;\n- (c) the Nature Conservation (Protected Areas Management) Regulation 2017 , section 159BL.","sortOrder":475},{"sectionNumber":"sec.219","sectionType":"section","heading":"Existing apiary permits continue","content":"### sec.219 Existing apiary permits continue\n\nAn existing apiary permit continues in effect, subject to any conditions applying to the permit immediately before the commencement, until the earliest of the following—\nthe surrender of the permit;\nthe term of the permit ends;\nthe permit is suspended or cancelled.\nFor applying subsection (1), former section 184 and a former regulation provision continue to apply to the existing apiary permit as if former section 184 had not been repealed.\nIn this section—\nexisting apiary permit means an authorisation that—\nwas granted to a person under a former regulation provision; and\nauthorised the person to take, use, keep or interfere with a cultural or natural resource for an apiary in a national park or national park (recovery); and\nwas in effect immediately before the commencement.\nformer regulation provision means a provision of a regulation, as in force immediately before the commencement—\nmade under former section 184; or\nthat applied because of former section 184.\nformer section 184 means section 184 as in force immediately before the commencement.\ns 219 ins 2022 No. 21 s 27\n(sec.219-ssec.1) An existing apiary permit continues in effect, subject to any conditions applying to the permit immediately before the commencement, until the earliest of the following— the surrender of the permit; the term of the permit ends; the permit is suspended or cancelled.\n(sec.219-ssec.2) For applying subsection (1), former section 184 and a former regulation provision continue to apply to the existing apiary permit as if former section 184 had not been repealed.\n(sec.219-ssec.3) In this section— existing apiary permit means an authorisation that— was granted to a person under a former regulation provision; and authorised the person to take, use, keep or interfere with a cultural or natural resource for an apiary in a national park or national park (recovery); and was in effect immediately before the commencement. former regulation provision means a provision of a regulation, as in force immediately before the commencement— made under former section 184; or that applied because of former section 184. former section 184 means section 184 as in force immediately before the commencement.\n- (a) the surrender of the permit;\n- (b) the term of the permit ends;\n- (c) the permit is suspended or cancelled.\n- (a) was granted to a person under a former regulation provision; and\n- (b) authorised the person to take, use, keep or interfere with a cultural or natural resource for an apiary in a national park or national park (recovery); and\n- (c) was in effect immediately before the commencement.\n- (a) made under former section 184; or\n- (b) that applied because of former section 184.","sortOrder":476},{"sectionNumber":"pt.12-div.9","sectionType":"division","heading":"Validation and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2025","content":"## Validation and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2025","sortOrder":477},{"sectionNumber":"sec.220","sectionType":"section","heading":"Validation of regulation authorities","content":"### sec.220 Validation of regulation authorities\n\nThis section applies if—\nbefore the commencement, a regulation authority was purportedly dealt with by the operation of an automated system; and\nat the relevant time, the authority could have been lawfully dealt with by the chief executive under the relevant Act.\nThe regulation authority is taken to be as valid and lawful as if the authority had been lawfully dealt with at the relevant time by the chief executive under the relevant Act.\nFor applying subsection (2), a matter required to have been considered by the chief executive under the relevant Act is taken to have been considered by the chief executive at the relevant time when the regulation authority was dealt with.\nAnything done or omitted to be done that would have been valid and lawful under this Act or another Act, had the regulation authority been lawfully dealt with, is taken to be, and always to have been, valid and lawful.\nIn this section—\nautomated system means an electronic system operated from time to time by public service employees of the department.\ndealt with , in relation to a regulation authority, means the authority was issued, given, granted, amended or renewed.\nregulation authority means a licence, permit or other authority mentioned in a regulation made under the relevant Act.\nrelevant Act , in relation to a regulation authority, means the Act as in force at the relevant time.\nrelevant time , in relation to a regulation authority, means the time the authority was purportedly dealt with.\ns 220 ins 2025 No. 19 s 18\n(sec.220-ssec.1) This section applies if— before the commencement, a regulation authority was purportedly dealt with by the operation of an automated system; and at the relevant time, the authority could have been lawfully dealt with by the chief executive under the relevant Act.\n(sec.220-ssec.2) The regulation authority is taken to be as valid and lawful as if the authority had been lawfully dealt with at the relevant time by the chief executive under the relevant Act.\n(sec.220-ssec.3) For applying subsection (2), a matter required to have been considered by the chief executive under the relevant Act is taken to have been considered by the chief executive at the relevant time when the regulation authority was dealt with.\n(sec.220-ssec.4) Anything done or omitted to be done that would have been valid and lawful under this Act or another Act, had the regulation authority been lawfully dealt with, is taken to be, and always to have been, valid and lawful.\n(sec.220-ssec.5) In this section— automated system means an electronic system operated from time to time by public service employees of the department. dealt with , in relation to a regulation authority, means the authority was issued, given, granted, amended or renewed. regulation authority means a licence, permit or other authority mentioned in a regulation made under the relevant Act. relevant Act , in relation to a regulation authority, means the Act as in force at the relevant time. relevant time , in relation to a regulation authority, means the time the authority was purportedly dealt with.\n- (a) before the commencement, a regulation authority was purportedly dealt with by the operation of an automated system; and\n- (b) at the relevant time, the authority could have been lawfully dealt with by the chief executive under the relevant Act.","sortOrder":478},{"sectionNumber":"sec.221","sectionType":"section","heading":"Electronic system approved before commencement","content":"### sec.221 Electronic system approved before commencement\n\nThis section applies if—\nbefore the commencement, the chief executive approved the use of an electronic system for an automated purpose; and\nimmediately before the commencement, the approval was in effect.\nThe electronic system is taken to be approved by the chief executive under section 143BA(1) for the same automated purpose for the period—\nstarting on the commencement; and\nending when the chief executive cancels the approval, whether to give a new approval under section 143BA(1) or otherwise.\nIn this section—\nautomated purpose means automatically issuing, giving, granting, amending, cancelling or renewing, by the operation of an electronic system, a licence, permit or other authority mentioned in a regulation made under this Act.\ns 221 ins 2025 No. 19 s 18\n(sec.221-ssec.1) This section applies if— before the commencement, the chief executive approved the use of an electronic system for an automated purpose; and immediately before the commencement, the approval was in effect.\n(sec.221-ssec.2) The electronic system is taken to be approved by the chief executive under section 143BA(1) for the same automated purpose for the period— starting on the commencement; and ending when the chief executive cancels the approval, whether to give a new approval under section 143BA(1) or otherwise.\n(sec.221-ssec.3) In this section— automated purpose means automatically issuing, giving, granting, amending, cancelling or renewing, by the operation of an electronic system, a licence, permit or other authority mentioned in a regulation made under this Act.\n- (a) before the commencement, the chief executive approved the use of an electronic system for an automated purpose; and\n- (b) immediately before the commencement, the approval was in effect.\n- (a) starting on the commencement; and\n- (b) ending when the chief executive cancels the approval, whether to give a new approval under section 143BA(1) or otherwise.","sortOrder":479}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1992 Act focused primarily on conserving nature through protected areas and wildlife management. Over time, significant amendments have expanded its scope considerably: Indigenous land rights and joint management frameworks (particularly for Aboriginal and Torres Strait Islander peoples) have been deeply integrated; new categories of protected areas have been added (e.g., special wildlife reserves in 2019, resources reserves as a distinct category in 2016, national parks for Cape York Peninsula Aboriginal land in 2007); the mining prohibition has been extended to cover geothermal and greenhouse gas storage activities; extraterritorial application was added in 2003; and beekeeping-specific provisions were introduced in 2022. The Act has evolved from a relatively straightforward conservation statute into a complex land management framework that intersects significantly with Indigenous rights law, resource law, and property law."},"complexity_factors":["Multiple overlapping categories of protected areas (10 classes), each with distinct management principles and different rules for leases, authorities, and revocations","Extensive cross-referencing between sections (e.g., sections 34, 35, 35A, 36, 37, 42AD, 42AE, 42AK–42AP, 42AO, 42AOA), requiring the reader to navigate many provisions simultaneously","Intersections with numerous other Queensland Acts including the Forestry Act 1959, Land Act 1994, Mineral Resources Act 1989, Petroleum Act 1923, Petroleum and Gas (Production and Safety) Act 2004, and Trusts Act 1973","Indigenous land management provisions create parallel regulatory tracks (Indigenous joint management areas, Indigenous land use agreements, Indigenous management agreements) that operate alongside the standard framework","Special carve-outs and exceptions for existing uses, beekeeping, pipeline licences, and ecotourism add layers of conditional rules","Parliamentary resolution requirements for certain regulatory actions (dedication revocation, boundary changes, class downgrades) impose procedural complexity beyond typical administrative law","The Act has been heavily amended multiple times since 1992 (at least 15+ amending Acts referenced in the excerpts), creating interpretive challenges from legislative history","Extraterritorial application of the Act adds constitutional complexity","Broad, philosophically layered definitions (e.g., 'nature', 'biological diversity', 'ecologically sustainable use', 'threatening process') that are legally significant but not always intuitive"],"plain_english_summary":"## Queensland's Nature Conservation Act 1992: What You Need to Know\n\nThis is Queensland's primary law for protecting nature — wildlife, ecosystems, habitats, and natural landscapes — across the state and even beyond its borders.\n\n### What does it do?\n\n**Protects nature through a system of \"protected areas\"**, including:\n- **National parks** (the highest protection — no mining, no commercial development, nature-based use only)\n- **National parks (scientific)** (for research; public access very restricted)\n- **National parks on Aboriginal and Torres Strait Islander land** (managed as national parks but also consistent with Aboriginal tradition and Ailan Kastom — the customary laws and practices of Torres Strait Islander peoples)\n- **Conservation parks** (some commercial use like fishing and grazing allowed if sustainable)\n- **Resources reserves** (controlled use of natural resources; no commercial logging)\n- **Special wildlife reserves** (privately-owned land with exceptional natural values, protected by agreement)\n- **Nature refuges** (privately-owned land where conservation is voluntarily agreed to)\n- **Coordinated conservation areas** (multiple landholders working together)\n\n### Who does it affect?\n\n- **Everyone in Queensland** — the Act binds all people, businesses, and governments (though governments can't be criminally prosecuted under it)\n- **Landholders near or within protected areas** — your land may be subject to conservation agreements or coordinated management\n- **Farmers and graziers** — limited commercial grazing is allowed in some areas but is tightly controlled\n- **Miners and resources companies** — **mining, geothermal energy, and greenhouse gas storage activities are outright banned** in national parks, conservation parks, and special wildlife reserves. Very limited pipeline-related exceptions apply.\n- **Ecotourism operators** — can apply for permits to operate in national parks, but only if the use is ecologically sustainable and in the public interest\n- **Beekeepers** — a specific permit system exists for beekeeping in some national parks (formerly forest reserves), but it expires on 1 January 2045\n- **Aboriginal peoples and Torres Strait Islander peoples** — the Act formally recognises your interests in protected areas and native wildlife, and requires your cooperative involvement in managing those areas\n\n### Key protections\n- **No downgrading without Parliament's approval**: A national park can't be de-listed, reduced in size, or downgraded to a lower protection class unless the Queensland Parliament specifically votes for it (after at least 28 days' notice of the motion).\n- **Ecologically sustainable use** (meaning: use that doesn't compromise nature's ability to renew itself for future generations) is the benchmark for any permitted activity.\n- **Mining is banned** in the most protected areas — full stop (with a very narrow exception for pipeline survey activities).\n\n### Why does it matter?\nThis law shapes what can and can't happen across millions of hectares of Queensland land. If you own property near a protected area, work in resources or tourism, or are an Aboriginal or Torres Strait Islander person with cultural connections to land, this Act directly affects your rights and responsibilities."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.8","severity":"medium","reasoning":"Section 8(1) states 'Nature includes all aspects of nature.' This is a tautology — the word being defined appears in the definition itself. While subsection (2) provides examples, these are introduced as being 'without limiting subsection (1)', meaning the circular definition in (1) is the operative provision. A court asked to determine whether something is 'nature' for the purposes of the Act must first determine whether it is 'nature', creating an infinite regress.","confidence":0.92,"description":"Circular definition of 'nature': 'Nature includes all aspects of nature.' The definition of the term uses the term itself without meaningful elaboration in subsection (1), rendering it logically circular before the non-exhaustive list in subsection (2) partially rescues it."},{"type":"self_contradicting","section":"sec.3","severity":"medium","reasoning":"Binding a party to a legal instrument ordinarily means that party is subject to its obligations and sanctions. Here, the Commonwealth and other States are expressly bound but expressly immunised from prosecution. This creates a situation where those entities have legal obligations under the Act but face no criminal consequence for breach, making the binding of those entities largely symbolic and potentially unenforceable in practice.","confidence":0.85,"description":"The Act 'binds' the Commonwealth and other States (sec.3(1)) but simultaneously declares they cannot be prosecuted for any offence under the Act (sec.3(2)). The binding effect is therefore illusory for criminal enforcement purposes against those entities."},{"type":"self_contradicting","section":"sec.16","severity":"high","reasoning":"The cardinal management obligation for a national park (scientific) is to ensure processes of nature continue 'unaffected'. Habitat manipulation and active control of threatening processes (including control of other wildlife) are, by definition, human interventions that affect natural processes. The exception in subsection (2) directly undermines the absolute nature of the obligation in subsection (1)(a)(i). The word 'unaffected' is unqualified in subsection (1), yet subsection (2) permits affecting those processes.","confidence":0.88,"description":"A national park (scientific) must be managed so that 'the processes of nature continue unaffected' (sec.16(1)(a)(i)), yet the same section expressly permits manipulation of wildlife habitat and control of threatening processes (sec.16(2)). These two requirements are mutually inconsistent."},{"type":"self_contradicting","section":"sec.17","severity":"medium","reasoning":"Declaring permanent preservation as the 'cardinal' (paramount) principle, while simultaneously mandating in the same subsection the provision of recreational and ecotourism opportunities, creates an internal hierarchy problem. The cardinal principle should override the other principles in cases of conflict, yet the other principles are drafted as mandatory ('is to be managed to'), not discretionary. This makes compliance with all five principles simultaneously potentially impossible, particularly where ecotourism infrastructure degrades natural condition.","confidence":0.8,"description":"The 'cardinal principle' for national parks is permanent preservation of natural condition to the greatest possible extent (sec.17(2)), yet sec.17(1)(c) mandates that 'the only use of the area is nature-based and ecologically sustainable' — implying some use is permitted — while sec.17(1)(d) and (e) mandate providing opportunities for recreational activities and ecotourism, both of which involve human activity inconsistent with strict preservation."},{"type":"other","section":"sec.36A","severity":"medium","reasoning":"The section creates a class of authorisations that are expressly permitted to be inconsistent with the applicable management strategy — the very instrument designed to give effect to the Act's conservation objectives. While there is a practical rationale (transitional beekeeping rights), the drafting creates a permanent class of potentially non-compliant activities for up to 23 years. Furthermore, the sunset clause in subsection (6) ceases the section's application but does not address the legal status of permits validly granted under it that may still be in force after 1 January 2045.","confidence":0.75,"description":"Section 36A(1) permits apiary permits to be granted 'even if the permit is inconsistent with the management strategy for the park', which directly conflicts with the Act's core conservation object and the management principles in sec.17. The section then self-terminates on 1 January 2045 (sec.36A(6)) without explaining what happens to existing permits granted under the section after that date."},{"type":"circular_definition","section":"sec.13","severity":"low","reasoning":"The phrase 'whether or not special management considerations and protection are required' in the definition of critical habitat means that an area can be designated as 'critical' even if it needs no special protection. If no special protection is required, the habitat may be critical in name only, with the designation carrying no practical protective effect beyond what would exist without it. This undermines the purpose of the designation.","confidence":0.7,"description":"Critical habitat is defined as habitat 'essential for the conservation of a viable population of protected wildlife... whether or not special management considerations and protection are required' — meaning land can be critical habitat even if no protection is actually needed, making the 'critical' designation potentially meaningless in those circumstances."},{"type":"other","section":"sec.11","severity":"low","reasoning":"Reading the section as rendered, the structure is: 'Ecologically sustainable use is — (a)... or (b)... (c) maintaining... and (d) ensuring...'. Paragraphs (c) and (d) appear to be conditions on (a) and (b) but the transitional phrase 'within their capacity to sustain natural processes while' is syntactically ambiguous as to whether it modifies (a) and (b) together or stands as a separate element. The drafting is confusing and a court would need to strain to give it coherent meaning.","confidence":0.65,"description":"The structural drafting of section 11 creates an incomplete logical sentence. Paragraphs (a) and (b) define 'ecologically sustainable use' in relation to wildlife and protected areas respectively, but the concluding conditions in (c) and (d) — 'within their capacity to sustain natural processes while maintaining...' — appear to be syntactically floating elements that do not grammatically connect to paragraphs (a) and (b) through any clear operative verb or connector."}],"contradictions":[{"severity":"high","section_a":"sec.16(1)(a)(i)","section_b":"sec.16(2)","confidence":0.9,"description":"Section 16(1)(a)(i) requires that 'the processes of nature continue unaffected' in a national park (scientific), while section 16(2) expressly permits habitat manipulation and control of threatening processes (including killing other wildlife), which are direct interventions that affect natural processes."},{"severity":"medium","section_a":"sec.17(1)(a)","section_b":"sec.17(1)(c)-(e)","confidence":0.82,"description":"Section 17(1)(a) (the 'cardinal principle') requires permanent preservation of natural condition to the greatest possible extent, while sections 17(1)(c), (d) and (e) require the provision of nature-based use, educational/recreational activities and ecotourism opportunities — all of which involve human use that inherently degrades natural condition over time."},{"severity":"medium","section_a":"sec.3(1)","section_b":"sec.3(2)","confidence":0.88,"description":"Section 3(1) binds the Commonwealth, the State and other States to the Act, while section 3(2) provides that nothing in the Act makes the Commonwealth, the State or another State liable to be prosecuted for an offence. The binding effect for criminal enforcement purposes is therefore hollow for government entities."},{"severity":"medium","section_a":"sec.36A(1)","section_b":"sec.4 and sec.17","confidence":0.78,"description":"Section 36A(1) expressly permits apiary permits to be granted 'even if the permit is inconsistent with the management strategy for the park', which includes the management principles mandated by section 17. This directly contradicts the Act's object in section 4 (conservation of nature) and the mandatory management principles in section 17 for national parks."},{"severity":"low","section_a":"sec.21A(1)(b)","section_b":"sec.21A(1)(c)","confidence":0.65,"description":"Section 21A(1)(b) requires a resources reserve to 'provide for the controlled use of the area's cultural and natural resources' while section 21A(1)(c) requires that 'the area is maintained predominantly in its natural condition'. Controlled use of natural resources — which may include extraction or exploitation — is in tension with maintaining the area predominantly in its natural condition, particularly if the use is intensive."},{"severity":"medium","section_a":"sec.34(2)","section_b":"sec.35(2)(a) and sec.35A(2) and sec.36(5)(a) and sec.37(5)","confidence":0.85,"description":"Section 34(2) requires all leases and authorities over protected areas to be consistent with management principles and any management plan. Sections 35, 35A, 36 and 37 each expressly override section 15 and/or section 34(2), creating a regime where authorities can be granted that are inconsistent with management principles — directly contradicting the compliance requirement in section 34(2)."},{"severity":"low","section_a":"sec.9","section_b":"sec.17(1)(c)","confidence":0.6,"description":"Section 9 defines conservation as 'the protection and maintenance of nature while allowing for its ecologically sustainable use'. Section 17(1)(c) requires that 'the only use' of a national park 'is nature-based and ecologically sustainable'. The definition of conservation contemplates use as a permissible element, but the restriction to 'the only use' being nature-based in national parks is narrower than the definition of conservation itself, potentially excluding uses that would be permissible under the conservation definition."}]},"kimi_summary":{"_metrics":{"completionTokens":704},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1992 scope. Originally focused on establishing national parks and basic wildlife protection, it now includes: (1) multiple Indigenous joint management models (Aboriginal land, Torres Strait Islander land, Cape York Peninsula Aboriginal land, and Indigenous joint management areas); (2) special wildlife reserves on private land with conservation agreements; (3) carbon abatement provisions; (4) environmental offsets integration; (5) detailed captive breeding frameworks; and (6) complex apiary permit transitional arrangements. The 2024 amendments further expanded Indigenous involvement provisions."},"complexity_factors":["Multiple overlapping categories of protected areas (10 classes) with different management principles and approval pathways","Extensive cross-referencing between sections and other legislation (Land Act 1994, Aboriginal Land Act 1991, Torres Strait Islander Land Act 1991, Environmental Protection Act 1994, etc.)","Nested conditional logic for Indigenous joint management areas requiring multiple agreements (Indigenous land use agreements, Indigenous management agreements)","Detailed wildlife classification system with 9 categories and specific criteria for each","Numerous exceptions and special provisions (apiary permits, previous use authorities, service facilities, ecotourism facilities)","Sunsetting provisions and transitional arrangements scattered throughout","Complex consent and approval structures involving Governor in Council, Minister, chief executive, and Indigenous landholders","Binding effect of conservation agreements on successors in title creating property law complexities"],"plain_english_summary":"This is Queensland's **Nature Conservation Act 1992**, the primary law for protecting nature and wildlife in the state.\n\n**What it does:**\n- **Establishes protected areas** like national parks, conservation parks, and nature refuges, each with different levels of protection and management rules\n- **Protects wildlife** by classifying species into categories (extinct, critically endangered, endangered, vulnerable, near threatened, least concern) and restricting how they can be taken, kept, or used\n- **Recognises Indigenous rights** by allowing Aboriginal and Torres Strait Islander peoples to take and use protected wildlife under traditional customs (Aboriginal tradition and Ailan Kastom), and providing for joint management of certain protected areas\n- **Creates conservation agreements** with landholders to protect nature on private land through nature refuges and special wildlife reserves\n- **Bans mining** in the highest protection areas (national parks, special wildlife reserves)\n- **Sets up a framework** for managing threats to wildlife through interim conservation orders and requiring environmental impact statements for certain activities\n\n**Who it affects:**\n- Anyone who owns or manages land, especially near protected areas\n- People who keep, trade, or interact with native wildlife\n- Tourist operators, researchers, and businesses wanting to use protected areas\n- Aboriginal and Torres Strait Islander communities with traditional interests in land and wildlife\n\n**Why it matters:**\nThis Act is the legal backbone for conserving Queensland's unique biodiversity—from the Great Barrier Reef catchment to the outback. It balances strict protection with sustainable use, and increasingly recognises that Indigenous peoples have been managing these landscapes for millennia. The Act has been heavily amended over 30+ years, growing from a relatively simple parks-and-wildlife law into a complex system with multiple land tenure types, Indigenous joint management arrangements, and detailed wildlife classification schemes."}},"importantCases":[],"_links":{"self":"/api/acts/nature-conservation-act-1992","history":"/api/acts/nature-conservation-act-1992/history","analysis":"/api/acts/nature-conservation-act-1992/analysis","conflicts":"/api/acts/nature-conservation-act-1992/conflicts","importantCases":"/api/acts/nature-conservation-act-1992/important-cases","documents":"/api/acts/nature-conservation-act-1992/documents"}}