{"id":"qld:act-2006-020","name":"Recreation Areas Management Act 2006","slug":"recreation-areas-management-act-2006","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"20 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30306,"registerId":"qld-act-2006-020-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 Recreation Areas Management Act 2006 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Purpose of Act","content":"### sec.4 Purpose of Act\n\nThe main purpose of this Act is—\nthe establishment, maintenance and use of recreation areas; and\nto provide, coordinate, integrate and improve recreational planning, recreational facilities and recreational management for recreation areas, having regard to—\nthe conservation, cultural, educational, production and recreational values of the areas; and\nthe interests of area land-holders.\nThe purpose is to be achieved mainly by—\nproviding for the declaration, planning and management of recreation areas, as far as practicable, in consultation with, and having regard to the views and interests of, area land-holders and other interested groups and persons, including relevant Aboriginal and Torres Strait Islander entities for the area; and\nrecognising the rights and obligations of area land-holders; and\nensuring the management of, and activities permitted in, a recreation area are not incompatible with the tenure of all land in the recreation area; and\nproviding for access to recreation areas, including the use of recreation areas and facilities and services for recreation; and\nproviding for the payment of fees and charges for the use of recreation areas and facilities and services for recreation; and\npublishing information about recreation areas and facilities and services for recreation; and\nenforcing compliance with this Act.\n(sec.4-ssec.1) The main purpose of this Act is— the establishment, maintenance and use of recreation areas; and to provide, coordinate, integrate and improve recreational planning, recreational facilities and recreational management for recreation areas, having regard to— the conservation, cultural, educational, production and recreational values of the areas; and the interests of area land-holders.\n(sec.4-ssec.2) The purpose is to be achieved mainly by— providing for the declaration, planning and management of recreation areas, as far as practicable, in consultation with, and having regard to the views and interests of, area land-holders and other interested groups and persons, including relevant Aboriginal and Torres Strait Islander entities for the area; and recognising the rights and obligations of area land-holders; and ensuring the management of, and activities permitted in, a recreation area are not incompatible with the tenure of all land in the recreation area; and providing for access to recreation areas, including the use of recreation areas and facilities and services for recreation; and providing for the payment of fees and charges for the use of recreation areas and facilities and services for recreation; and publishing information about recreation areas and facilities and services for recreation; and enforcing compliance with this Act.\n- (a) the establishment, maintenance and use of recreation areas; and\n- (b) to provide, coordinate, integrate and improve recreational planning, recreational facilities and recreational management for recreation areas, having regard to— (i) the conservation, cultural, educational, production and recreational values of the areas; and (ii) the interests of area land-holders.\n- (i) the conservation, cultural, educational, production and recreational values of the areas; and\n- (ii) the interests of area land-holders.\n- (i) the conservation, cultural, educational, production and recreational values of the areas; and\n- (ii) the interests of area land-holders.\n- (a) providing for the declaration, planning and management of recreation areas, as far as practicable, in consultation with, and having regard to the views and interests of, area land-holders and other interested groups and persons, including relevant Aboriginal and Torres Strait Islander entities for the area; and\n- (b) recognising the rights and obligations of area land-holders; and\n- (c) ensuring the management of, and activities permitted in, a recreation area are not incompatible with the tenure of all land in the recreation area; and\n- (d) providing for access to recreation areas, including the use of recreation areas and facilities and services for recreation; and\n- (e) providing for the payment of fees and charges for the use of recreation areas and facilities and services for recreation; and\n- (f) publishing information about recreation areas and facilities and services for recreation; and\n- (g) enforcing compliance with this Act.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nThis Act does not make the Commonwealth, the State or another State liable to be prosecuted for an offence.\n(sec.5-ssec.1) This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.5-ssec.2) This Act does not make the Commonwealth, the State or another State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Recreation areas","content":"# Recreation areas","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishing recreation areas","content":"## Establishing recreation areas","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Agreement for inclusion of land in recreation area","content":"### sec.6 Agreement for inclusion of land in recreation area\n\nAny land may be included in a recreation area.\nHowever, land other than State land can not be included in a recreation area unless the land-holder enters into a written agreement (a recreation area agreement ) with the State for its inclusion.\nA recreation area agreement must—\ninclude any conditions of the inclusion; and\nbe consistent with this Act; and\nnot be incompatible with the tenure of the land and any conditions of the tenure; and\nin relation to land subject to an exclusive possession determination—be in the form of an indigenous land use agreement under the Native Title Act 1993 (Cwlth) .\nIn this section—\nland-holder means a person who would be an area land-holder if the land were included in a recreation area.\n(sec.6-ssec.1) Any land may be included in a recreation area.\n(sec.6-ssec.2) However, land other than State land can not be included in a recreation area unless the land-holder enters into a written agreement (a recreation area agreement ) with the State for its inclusion.\n(sec.6-ssec.3) A recreation area agreement must— include any conditions of the inclusion; and be consistent with this Act; and not be incompatible with the tenure of the land and any conditions of the tenure; and in relation to land subject to an exclusive possession determination—be in the form of an indigenous land use agreement under the Native Title Act 1993 (Cwlth) .\n(sec.6-ssec.4) In this section— land-holder means a person who would be an area land-holder if the land were included in a recreation area.\n- (a) include any conditions of the inclusion; and\n- (b) be consistent with this Act; and\n- (c) not be incompatible with the tenure of the land and any conditions of the tenure; and\n- (d) in relation to land subject to an exclusive possession determination—be in the form of an indigenous land use agreement under the Native Title Act 1993 (Cwlth) .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Declaration of recreation area","content":"### sec.7 Declaration of recreation area\n\nSubject to section 6 , a regulation may declare an area to be a recreation area.\nThe regulation must—\ndescribe the land included in the recreation area; and\ngive a name to the recreation area; and\nstate the management intent for the recreation area.\n(sec.7-ssec.1) Subject to section 6 , a regulation may declare an area to be a recreation area.\n(sec.7-ssec.2) The regulation must— describe the land included in the recreation area; and give a name to the recreation area; and state the management intent for the recreation area.\n- (a) describe the land included in the recreation area; and\n- (b) give a name to the recreation area; and\n- (c) state the management intent for the recreation area.","sortOrder":9},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Changing, renaming or revoking recreation areas","content":"## Changing, renaming or revoking recreation areas","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Amalgamating or dividing recreation areas","content":"### sec.8 Amalgamating or dividing recreation areas\n\nA regulation may—\namalgamate recreation areas and give a name to the amalgamated area; or\ndivide a recreation area into 2 or more recreation areas and give a name to each of the areas.\nThe regulation must also describe the land included in each resulting recreation area.\nA recreation area agreement for land in the area amalgamated or divided still has effect for the land to which it relates.\n(sec.8-ssec.1) A regulation may— amalgamate recreation areas and give a name to the amalgamated area; or divide a recreation area into 2 or more recreation areas and give a name to each of the areas.\n(sec.8-ssec.2) The regulation must also describe the land included in each resulting recreation area.\n(sec.8-ssec.3) A recreation area agreement for land in the area amalgamated or divided still has effect for the land to which it relates.\n- (a) amalgamate recreation areas and give a name to the amalgamated area; or\n- (b) divide a recreation area into 2 or more recreation areas and give a name to each of the areas.","sortOrder":11},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Renaming recreation area","content":"### sec.8A Renaming recreation area\n\nA regulation may change the name of a recreation area.\ns 8A ins 2024 No. 12 s 130","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Revoking recreation areas","content":"### sec.9 Revoking recreation areas\n\nA regulation may revoke all or part of the declaration of a recreation area, whether or not an area land-holder asks for the revocation.","sortOrder":13},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Recreation area agreements","content":"## Recreation area agreements","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Recording particulars of agreements","content":"### sec.10 Recording particulars of agreements\n\nAs soon as practicable after entering into a recreation area agreement, the chief executive must give notice of the agreement to the registrar of titles.\nThe registrar of titles must record details of the notice in a way that a search of the relevant register will show the existence of the agreement.\ns 10 amd 2021 No. 12 s 148 sch 3\n(sec.10-ssec.1) As soon as practicable after entering into a recreation area agreement, the chief executive must give notice of the agreement to the registrar of titles.\n(sec.10-ssec.2) The registrar of titles must record details of the notice in a way that a search of the relevant register will show the existence of the agreement.","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Agreements attach to land","content":"### sec.11 Agreements attach to land\n\nA recreation area agreement, notice of which is recorded under section 10 , attaches to the land and binds—\nthe land-holder who entered into the agreement and the land-holder’s successors in title; and\neach other person who has an interest in the land.\nIn this section—\nland-holder’s successor in title , for land, includes a person who acquires title to the land whether or not the title is of a different tenure.\n(sec.11-ssec.1) A recreation area agreement, notice of which is recorded under section 10 , attaches to the land and binds— the land-holder who entered into the agreement and the land-holder’s successors in title; and each other person who has an interest in the land.\n(sec.11-ssec.2) In this section— land-holder’s successor in title , for land, includes a person who acquires title to the land whether or not the title is of a different tenure.\n- (a) the land-holder who entered into the agreement and the land-holder’s successors in title; and\n- (b) each other person who has an interest in the land.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Amending or cancelling agreements","content":"### sec.12 Amending or cancelling agreements\n\nAll of the parties to a recreation area agreement may, by signing another agreement, amend or cancel the recreation area agreement.\nIf the other agreement does not require land to be removed from the recreation area, the amendment has effect—\nif the other agreement states a day the amendment takes effect—from the day stated; or\nif no day is stated—from the day the other agreement is signed.\nIf the other agreement requires land to be removed from the recreation area or cancels the recreation area agreement, the Governor in Council must, by regulation, revoke the declaration of the recreation area to the extent required by the amendment or cancellation.\nThe amendment or cancellation has effect from the day the regulation has effect.\nIf all or part of the land the subject of a recreation area agreement becomes State land, other than for an immediate dealing with the land under the Land Act 1994 by which the land will not remain State land, the agreement is cancelled to the extent the land becomes State land.\nAlso, if subsection (3) does not apply and all or part of the land the subject of a recreation area agreement is removed from the recreation area under section 9 , the agreement is taken to be amended or cancelled to the extent of the removal.\nIn this section—\nparties , to a recreation agreement, means—\nthe State; and\nthe land-holder who entered into the agreement or, if the land-holder no longer holds the title, the land-holder’s current successor in title.\n(sec.12-ssec.1) All of the parties to a recreation area agreement may, by signing another agreement, amend or cancel the recreation area agreement.\n(sec.12-ssec.2) If the other agreement does not require land to be removed from the recreation area, the amendment has effect— if the other agreement states a day the amendment takes effect—from the day stated; or if no day is stated—from the day the other agreement is signed.\n(sec.12-ssec.3) If the other agreement requires land to be removed from the recreation area or cancels the recreation area agreement, the Governor in Council must, by regulation, revoke the declaration of the recreation area to the extent required by the amendment or cancellation.\n(sec.12-ssec.4) The amendment or cancellation has effect from the day the regulation has effect.\n(sec.12-ssec.5) If all or part of the land the subject of a recreation area agreement becomes State land, other than for an immediate dealing with the land under the Land Act 1994 by which the land will not remain State land, the agreement is cancelled to the extent the land becomes State land.\n(sec.12-ssec.6) Also, if subsection (3) does not apply and all or part of the land the subject of a recreation area agreement is removed from the recreation area under section 9 , the agreement is taken to be amended or cancelled to the extent of the removal.\n(sec.12-ssec.7) In this section— parties , to a recreation agreement, means— the State; and the land-holder who entered into the agreement or, if the land-holder no longer holds the title, the land-holder’s current successor in title.\n- (a) if the other agreement states a day the amendment takes effect—from the day stated; or\n- (b) if no day is stated—from the day the other agreement is signed.\n- (a) the State; and\n- (b) the land-holder who entered into the agreement or, if the land-holder no longer holds the title, the land-holder’s current successor in title.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Recording amendment or cancellation of agreement","content":"### sec.13 Recording amendment or cancellation of agreement\n\nAfter a recreation area agreement is amended or cancelled under section 12 (3) , (5) or (6) , the chief executive must give notice of the amendment or cancellation to the registrar of titles.\nThe registrar of titles must—\nif the agreement is cancelled—remove reference to the agreement from the relevant register; or\nif the agreement is amended to remove its application from the whole of a lot—remove reference to the agreement in relation to the lot from the register.\ns 13 amd 2021 No. 12 s 148 sch 3\n(sec.13-ssec.1) After a recreation area agreement is amended or cancelled under section 12 (3) , (5) or (6) , the chief executive must give notice of the amendment or cancellation to the registrar of titles.\n(sec.13-ssec.2) The registrar of titles must— if the agreement is cancelled—remove reference to the agreement from the relevant register; or if the agreement is amended to remove its application from the whole of a lot—remove reference to the agreement in relation to the lot from the register. s 13 amd 2021 No. 12 s 148 sch 3\n- (a) if the agreement is cancelled—remove reference to the agreement from the relevant register; or\n- (b) if the agreement is amended to remove its application from the whole of a lot—remove reference to the agreement in relation to the lot from the register.","sortOrder":18},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Effect of declaration on land-holders and native title rights","content":"## Effect of declaration on land-holders and native title rights","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Rights and obligations of area land-holders not affected","content":"### sec.14 Rights and obligations of area land-holders not affected\n\nUnless a recreation area agreement expressly states otherwise, this Act does not affect the rights and obligations of an area land-holder concerning the land-holder’s land included in the recreation area.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Rights and obligations of interest holders not affected","content":"### sec.15 Rights and obligations of interest holders not affected\n\nThis Act does not affect the rights and obligations of a person who, in relation to land included in a recreation area, has—\nan interest recorded in a relevant register; or\na prospecting permit or an exploration permit under the Mineral Resources Act 1989 ; or\nan authority to prospect under the Petroleum Act 1923 ; or\nan authority of a type mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 18 .\n- (a) an interest recorded in a relevant register; or\n- (b) a prospecting permit or an exploration permit under the Mineral Resources Act 1989 ; or\n- (c) an authority to prospect under the Petroleum Act 1923 ; or\n- (d) an authority of a type mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 18 .","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Native title rights and interests not affected","content":"### sec.16 Native title rights and interests not affected\n\nTo remove any doubt, it is declared that the declaration of an area as a recreation area does not extinguish or affect native title or native title rights and interests in relation to land included in the area.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Effect of declaration of recreation area on mining interests","content":"### sec.17 Effect of declaration of recreation area on mining interests\n\nThe inclusion of land in a recreation area does not prevent a person from obtaining a mining interest over the land if the person could otherwise have obtained the interest.\nAlso, this Act does not operate to restrict the entry of a person on land in a recreation area under the authority of a mining interest over the land.\nIn this section—\nmining interest includes—\na prospecting permit or an exploration permit under the Mineral Resources Act 1989 ; and\nan authority to prospect under the Petroleum Act 1923 ; and\nan authority of a type mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 18 .\n(sec.17-ssec.1) The inclusion of land in a recreation area does not prevent a person from obtaining a mining interest over the land if the person could otherwise have obtained the interest.\n(sec.17-ssec.2) Also, this Act does not operate to restrict the entry of a person on land in a recreation area under the authority of a mining interest over the land.\n(sec.17-ssec.3) In this section— mining interest includes— a prospecting permit or an exploration permit under the Mineral Resources Act 1989 ; and an authority to prospect under the Petroleum Act 1923 ; and an authority of a type mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 18 .\n- (a) a prospecting permit or an exploration permit under the Mineral Resources Act 1989 ; and\n- (b) an authority to prospect under the Petroleum Act 1923 ; and\n- (c) an authority of a type mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 18 .","sortOrder":23},{"sectionNumber":"pt.3","sectionType":"part","heading":"Management plans","content":"# Management plans","sortOrder":24},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preparing and approving management plans","content":"## Preparing and approving management plans","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Preparing draft management plan","content":"### sec.18 Preparing draft management plan\n\nAs soon as practicable after a recreation area is established, the Minister must prepare a draft management plan for the area.\nThe draft plan may apply, adopt, or incorporate (with or without modification) the provisions of another document, whether of the same or a different kind.\nA provision of another document applied, adopted or incorporated is the provision as in force from time to time, unless the draft plan expressly states otherwise.\n(sec.18-ssec.1) As soon as practicable after a recreation area is established, the Minister must prepare a draft management plan for the area.\n(sec.18-ssec.2) The draft plan may apply, adopt, or incorporate (with or without modification) the provisions of another document, whether of the same or a different kind.\n(sec.18-ssec.3) A provision of another document applied, adopted or incorporated is the provision as in force from time to time, unless the draft plan expressly states otherwise.","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Notice of draft management plan","content":"### sec.19 Notice of draft management plan\n\nThe Minister must publish a notice about the draft plan on the department’s website.\nThe notice must—\nstate—\nthe recreation area the draft plan relates to; and\nthat a copy of the draft plan and the provisions of any document applied, adopted or incorporated by the plan are available for inspection, without charge—\nduring normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and\non the department’s website; and\ninvite members of the public, including area land-holders and relevant Aboriginal and Torres Strait Islander entities for 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 (2) (b) 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 draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the plan has already been made and the assessment was made for, or is relevant to, Queensland; or\nthere has already been other public consultation about the matters, the subject of the plan, and the Minister is satisfied the public has been adequately consulted about the matters.\nOn payment of the fee 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 (6) , 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 19 amd 2011 No. 6 s 124 ; 2013 No. 55 s 85\n(sec.19-ssec.1) The Minister must publish a notice about the draft plan on the department’s website.\n(sec.19-ssec.2) The notice must— state— the recreation area the draft plan relates to; and that a copy of the draft plan and the provisions of any document applied, adopted or incorporated by the plan are available for inspection, without charge— during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and on the department’s website; and invite members of the public, including area land-holders and relevant Aboriginal and Torres Strait Islander entities for the area, to make written submissions about the draft plan to the Minister, within a stated period.\n(sec.19-ssec.3) The stated period must be at least 20 business days after the notice is published.\n(sec.19-ssec.4) Subsection (2) (b) 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 draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the plan has already been made and the assessment was made for, or is relevant to, Queensland; or there has already been other public consultation about the matters, the subject of the plan, and the Minister is satisfied the public has been adequately consulted about the matters.\n(sec.19-ssec.5) On payment of the fee decided by the chief executive, a person may obtain a copy of the draft plan from the chief executive.\n(sec.19-ssec.6) 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.19-ssec.7) For subsection (6) , 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.\n- (a) state— (i) the recreation area the draft plan relates to; and (ii) that a copy of the draft plan and the provisions of any document applied, adopted or incorporated by the plan are available for inspection, without charge— (A) during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and (B) on the department’s website; and\n- (i) the recreation area the draft plan relates to; and\n- (ii) that a copy of the draft plan and the provisions of any document applied, adopted or incorporated by the plan are available for inspection, without charge— (A) during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and (B) on the department’s website; and\n- (A) during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and\n- (B) on the department’s website; and\n- (b) invite members of the public, including area land-holders and relevant Aboriginal and Torres Strait Islander entities for the area, to make written submissions about the draft plan to the Minister, within a stated period.\n- (i) the recreation area the draft plan relates to; and\n- (ii) that a copy of the draft plan and the provisions of any document applied, adopted or incorporated by the plan are available for inspection, without charge— (A) during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and (B) on the department’s website; and\n- (A) during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and\n- (B) on the department’s website; and\n- (A) during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and\n- (B) 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 draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the plan has already been made and the assessment was made for, or is relevant to, Queensland; or\n- (c) there has already been other public consultation about the matters, the subject of the plan, and the Minister is satisfied the public has been adequately consulted about the matters.\n- (i) another Act; or\n- (ii) a law of the Commonwealth or another State; or","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Content of draft management plan","content":"### sec.20 Content of draft management plan\n\nThe draft management plan must state—\nthe name of the recreation area; and\nthe recreational objects to be achieved for planning, developing and managing the area.\nSubsection (1) does not limit the matters for which the draft plan may provide.\n(sec.20-ssec.1) The draft management plan must state— the name of the recreation area; and the recreational objects to be achieved for planning, developing and managing the area.\n(sec.20-ssec.2) Subsection (1) does not limit the matters for which the draft plan may provide.\n- (a) the name of the recreation area; and\n- (b) the recreational objects to be achieved for planning, developing and managing the area.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Minister to prepare final management plan","content":"### sec.21 Minister to prepare final management plan\n\nAfter considering each submission made under section 19 (2) , the Minister must, having regard to the purpose of this Act, prepare a final management plan.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Approval of final management plan","content":"### sec.22 Approval of final management plan\n\nIf the final management plan has been prepared under sections 18 to 21 , the Governor in Council may, by gazette notice, approve the final management plan.\nThe gazette notice must state where a copy of the approved final management plan is available for inspection.\n(sec.22-ssec.1) If the final management plan has been prepared under sections 18 to 21 , the Governor in Council may, by gazette notice, approve the final management plan.\n(sec.22-ssec.2) The gazette notice must state where a copy of the approved final management plan is available for inspection.","sortOrder":30},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Management plan may form part of another document","content":"### sec.22A Management plan may form part of another document\n\nA management plan may be combined with 1 or more of the following—\na management plan for another recreation area;\na management plan for a marine park under the Marine Parks Act 2004 ;\na management plan for an area dedicated or declared under the Nature Conservation Act 1992 .\ns 22A ins 2013 No. 55 s 86\n- (a) a management plan for another recreation area;\n- (b) a management plan for a marine park under the Marine Parks Act 2004 ;\n- (c) a management plan for an area dedicated or declared under the Nature Conservation Act 1992 .","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"When approved management plan has effect","content":"### sec.23 When approved management plan has effect\n\nThe approved 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 approved plan.\n- (a) the day the gazette notice approving the plan is published;\n- (b) the commencement day stated in the approved plan.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Effect of management plan if there is an amalgamation or division","content":"### sec.24 Effect of management plan if there is an amalgamation or division\n\nA regulation amalgamating recreation areas may state that an approved management plan for 1 of the areas included in the amalgamated area is the approved management plan for the amalgamated area and applies for all, or a stated part, of the amalgamated area.\nA regulation dividing a recreation area may state that the approved management plan for the undivided area is the approved management plan for each divided area and applies for each divided area to the extent stated in the regulation.\n(sec.24-ssec.1) A regulation amalgamating recreation areas may state that an approved management plan for 1 of the areas included in the amalgamated area is the approved management plan for the amalgamated area and applies for all, or a stated part, of the amalgamated area.\n(sec.24-ssec.2) A regulation dividing a recreation area may state that the approved management plan for the undivided area is the approved management plan for each divided area and applies for each divided area to the extent stated in the regulation.","sortOrder":33},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Amending and reviewing management plans","content":"## Amending and reviewing management plans","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Preparing draft amendment","content":"### sec.25 Preparing draft amendment\n\nThe Minister may prepare a draft amendment of an approved management plan.\nThe draft amendment may apply, adopt, or incorporate (with or without modification) the provisions of another document, whether of the same or a different kind.\nA provision of another document applied, adopted or incorporated is the provision as in force from time to time, unless the draft amendment expressly provides otherwise.\n(sec.25-ssec.1) The Minister may prepare a draft amendment of an approved management plan.\n(sec.25-ssec.2) The draft amendment may apply, adopt, or incorporate (with or without modification) the provisions of another document, whether of the same or a different kind.\n(sec.25-ssec.3) A provision of another document applied, adopted or incorporated is the provision as in force from time to time, unless the draft amendment expressly provides otherwise.","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Notice of draft amendment","content":"### sec.26 Notice of draft amendment\n\nThe Minister must publish a notice about the draft amendment on the department’s website.\nThe notice must—\nidentify the management plan proposed to be amended; and\nstate that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive—\nduring normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and\non the department’s website; and\ninvite members of the public, including area land-holders and relevant Aboriginal and Torres Strait Islander entities for the area, to make written submissions about the draft amendment to the Minister, within a stated period.\nThe stated period must be at least 20 business days after the notice is published.\nOn payment of the fee decided by the chief executive, a person may obtain a copy of the draft amendment 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 (5) , 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 26 amd 2011 No. 6 s 125 ; 2013 No. 55 s 87\n(sec.26-ssec.1) The Minister must publish a notice about the draft amendment on the department’s website.\n(sec.26-ssec.2) The notice must— identify the management plan proposed to be amended; and state that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive— during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and on the department’s website; and invite members of the public, including area land-holders and relevant Aboriginal and Torres Strait Islander entities for the area, to make written submissions about the draft amendment to the Minister, within a stated period.\n(sec.26-ssec.3) The stated period must be at least 20 business days after the notice is published.\n(sec.26-ssec.4) On payment of the fee decided by the chief executive, a person may obtain a copy of the draft amendment from the chief executive.\n(sec.26-ssec.5) 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.26-ssec.6) For subsection (5) , 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.\n- (a) identify the management plan proposed to be amended; and\n- (b) state that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive— (i) during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and (ii) on the department’s website; and\n- (i) during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and\n- (ii) on the department’s website; and\n- (c) invite members of the public, including area land-holders and relevant Aboriginal and Torres Strait Islander entities for the area, to make written submissions about the draft amendment to the Minister, within a stated period.\n- (i) during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and\n- (ii) on the department’s website; and","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Exceptions from ss 25 and 26","content":"### sec.27 Exceptions from ss 25 and 26\n\nSections 25 and 26 do not apply if the proposed amendment prepared by the Minister is—\na minor amendment—\nto correct an error in the approved management plan; or\nto make a change, other than a change of substance, in the plan; or\nof a type that the plan states may be made under this subsection.\nAlso, the sections do not apply if—\nfor an approved management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment is needed to ensure the plan remains substantially uniform or complementary; or\nthe amendment 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\nthere has already been other public consultation about the matters, the subject of the amendment, and the Minister is satisfied the public has been adequately consulted about the matters.\ns 27 amd 2013 No. 55 s 88 ; 2016 No. 22 s 47\n(sec.27-ssec.1) Sections 25 and 26 do not apply if the proposed amendment prepared by the Minister is— a minor amendment— to correct an error in the approved management plan; or to make a change, other than a change of substance, in the plan; or of a type that the plan states may be made under this subsection.\n(sec.27-ssec.2) Also, the sections do not apply if— for an approved management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment is needed to ensure the plan remains substantially uniform or complementary; or the amendment 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 there has already been other public consultation about the matters, the subject of the amendment, and the Minister is satisfied the public has been adequately consulted about the matters.\n- (a) a minor amendment— (i) to correct an error in the approved management plan; or (ii) to make a change, other than a change of substance, in the plan; or\n- (i) to correct an error in the approved management plan; or\n- (ii) to make a change, other than a change of substance, in the plan; or\n- (b) of a type that the plan states may be made under this subsection.\n- (i) to correct an error in the approved management plan; or\n- (ii) to make a change, other than a change of substance, in the plan; or\n- (a) for an approved management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment is needed to ensure the plan remains substantially uniform or complementary; or\n- (b) the amendment 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- (c) there has already been other public consultation about the matters, the subject of the amendment, and the Minister is satisfied the public has been adequately consulted about the matters.","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Preparing final amendment","content":"### sec.28 Preparing final amendment\n\nFor an amendment to which section 26 applies, the Minister must consider each submission made under that section and having regard to the purpose of this Act, prepare a final amendment.\nFor an amendment to which section 26 does not apply, the Minister must, having regard to the purpose of this Act, prepare a final amendment.\n(sec.28-ssec.1) For an amendment to which section 26 applies, the Minister must consider each submission made under that section and having regard to the purpose of this Act, prepare a final amendment.\n(sec.28-ssec.2) For an amendment to which section 26 does not apply, the Minister must, having regard to the purpose of this Act, prepare a final amendment.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Approval of amendment","content":"### sec.29 Approval of amendment\n\nIf the final amendment has been prepared under this division, the following person may, by gazette notice, approve the final amendment—\nif the final amendment is an amendment to which section 27 applies—the Minister; or\notherwise—the Governor in Council.\nThe gazette notice must state where a copy of the approved final amendment is available for inspection.\ns 29 sub 2013 No. 55 s 89\n(sec.29-ssec.1) If the final amendment has been prepared under this division, the following person may, by gazette notice, approve the final amendment— if the final amendment is an amendment to which section 27 applies—the Minister; or otherwise—the Governor in Council.\n(sec.29-ssec.2) The gazette notice must state where a copy of the approved final amendment is available for inspection.\n- (a) if the final amendment is an amendment to which section 27 applies—the Minister; or\n- (b) otherwise—the Governor in Council.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"When approved amendment has effect","content":"### sec.30 When approved amendment has effect\n\nThe approved amendment 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.\n- (a) the day the gazette notice approving the amendment is published;\n- (b) the commencement day stated in the amendment.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Review of management plans","content":"### sec.31 Review of management plans\n\nThe Minister must review the operation of the management plan for each recreation area not later than 10 years after its approval.\nOn completion of the review, the Minister may—\nprepare a new management plan for the recreation area; or\namend the existing management plan for the recreation area; or\nleave the existing management plan for the recreation area unchanged.\ns 31 sub 2013 No. 55 s 90\n(sec.31-ssec.1) The Minister must review the operation of the management plan for each recreation area not later than 10 years after its approval.\n(sec.31-ssec.2) On completion of the review, the Minister may— prepare a new management plan for the recreation area; or amend the existing management plan for the recreation area; or leave the existing management plan for the recreation area unchanged.\n- (a) prepare a new management plan for the recreation area; or\n- (b) amend the existing management plan for the recreation area; or\n- (c) leave the existing management plan for the recreation area unchanged.","sortOrder":41},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Other matters about management plans","content":"## Other matters about management plans","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Public access to approved management plans","content":"### sec.32 Public access to approved management plans\n\nThe chief executive must keep a copy of each current approved management plan available for inspection, without charge, by members of the public—\nduring normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and\non the department’s website.\nOn payment of the fee decided by the chief executive, a person may obtain a copy of the approved management 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 (3) , 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 32 amd 2011 No. 6 s 126\n(sec.32-ssec.1) The chief executive must keep a copy of each current approved management plan available for inspection, without charge, by members of the public— during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and on the department’s website.\n(sec.32-ssec.2) On payment of the fee decided by the chief executive, a person may obtain a copy of the approved management plan from the chief executive.\n(sec.32-ssec.3) 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.32-ssec.4) For subsection (3) , 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.\n- (a) during normal business hours at the department’s head office and at each department office in the general area in which the recreation area is located; and\n- (b) on the department’s website.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Chief executive may enter into cooperative arrangement for approved management plan","content":"### sec.33 Chief executive may enter into cooperative arrangement for approved management plan\n\nThe chief executive may enter into an agreement or other arrangement with the following persons about the preparation, amendment, review or implementation of an approved management plan for a recreation area—\na person, or group of persons, including relevant Aboriginal and Torres Strait Islander entities for the area, having a special interest in the area; or\na person representing a person or group mentioned in paragraph (a) .\n- (a) a person, or group of persons, including relevant Aboriginal and Torres Strait Islander entities for the area, having a special interest in the area; or\n- (b) a person representing a person or group mentioned in paragraph (a) .","sortOrder":44},{"sectionNumber":"pt.4","sectionType":"part","heading":"Access to, and permits for, recreation areas","content":"# Access to, and permits for, recreation areas","sortOrder":45},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Types of permits","content":"### sec.34 Types of permits\n\nThe chief executive may issue the following permits for a recreation area—\ncamping permit;\nvehicle access permit;\norganised event permit;\ncommercial activity permit.\nAs well as authorising the activity for which a permit is issued, a permit may also authorise another activity related to the authorised activity.\ns 34 amd 2014 No. 63 s 7\n(sec.34-ssec.1) The chief executive may issue the following permits for a recreation area— camping permit; vehicle access permit; organised event permit; commercial activity permit.\n(sec.34-ssec.2) As well as authorising the activity for which a permit is issued, a permit may also authorise another activity related to the authorised activity.\n- (a) camping permit;\n- (b) vehicle access permit;\n- (c) organised event permit;\n- (d) commercial activity permit.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Terms of permits","content":"### sec.35 Terms of permits\n\nA permit is given for the term stated in it.\nThe term must not be more than the following—\nfor a camping permit—30 days;\nfor a vehicle access permit—1 year;\nfor an organised event permit—1 year;\nfor a commercial activity permit—\nif the commercial activity permit forms part of a joint permission—the term stated on the joint permission; or\notherwise—3 years.\nThe permit expires—\nfor a commercial activity permit—\nif an application is made under section 55B —on whichever is the earliest of when the application is decided or 3 months after the day when the permit would otherwise have expired; or\notherwise—at the end of the term of the permit; or\nfor any other type of permit—at the end of the term of the permit.\ns 35 amd 2014 No. 41 s 43 ; 2014 No. 63 s 8\n(sec.35-ssec.1) A permit is given for the term stated in it.\n(sec.35-ssec.2) The term must not be more than the following— for a camping permit—30 days; for a vehicle access permit—1 year; for an organised event permit—1 year; for a commercial activity permit— if the commercial activity permit forms part of a joint permission—the term stated on the joint permission; or otherwise—3 years.\n(sec.35-ssec.3) The permit expires— for a commercial activity permit— if an application is made under section 55B —on whichever is the earliest of when the application is decided or 3 months after the day when the permit would otherwise have expired; or otherwise—at the end of the term of the permit; or for any other type of permit—at the end of the term of the permit.\n- (a) for a camping permit—30 days;\n- (b) for a vehicle access permit—1 year;\n- (c) for an organised event permit—1 year;\n- (d) for a commercial activity permit— (i) if the commercial activity permit forms part of a joint permission—the term stated on the joint permission; or (ii) otherwise—3 years.\n- (i) if the commercial activity permit forms part of a joint permission—the term stated on the joint permission; or\n- (ii) otherwise—3 years.\n- (i) if the commercial activity permit forms part of a joint permission—the term stated on the joint permission; or\n- (ii) otherwise—3 years.\n- (a) for a commercial activity permit— (i) if an application is made under section 55B —on whichever is the earliest of when the application is decided or 3 months after the day when the permit would otherwise have expired; or (ii) otherwise—at the end of the term of the permit; or\n- (i) if an application is made under section 55B —on whichever is the earliest of when the application is decided or 3 months after the day when the permit would otherwise have expired; or\n- (ii) otherwise—at the end of the term of the permit; or\n- (b) for any other type of permit—at the end of the term of the permit.\n- (i) if an application is made under section 55B —on whichever is the earliest of when the application is decided or 3 months after the day when the permit would otherwise have expired; or\n- (ii) otherwise—at the end of the term of the permit; or","sortOrder":48},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Restriction on issuing permits—indigenous joint management areas","content":"### sec.35A Restriction on issuing permits—indigenous joint management areas\n\nThe chief executive may issue a permit for a recreation area situated in an indigenous joint management area only if all requirements relating to issuing the permit under the indigenous management agreement for the area have been satisfied.\na requirement to consult with the indigenous landholder\na requirement to obtain the prior written consent of the indigenous landholder for the issuing of the permit\ns 35A ins 2021 No. 11 s 23\n- • a requirement to consult with the indigenous landholder\n- • a requirement to obtain the prior written consent of the indigenous landholder for the issuing of the permit","sortOrder":49},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Camping permits","content":"## Camping permits","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"How to obtain a camping permit","content":"### sec.36 How to obtain a camping permit\n\nSubject to subsection (3) , an application for a camping permit must be—\nmade to the chief executive; and\nsupported by sufficient information to enable the application to be decided.\nThe applicant must also pay the permit fee before the application is decided.\nFor a self-registration camping area a person may—\nfill in a camping form for the area in the way stated on the form; and\neither—\nplace the camping fee in cash or a cheque in the camping fee envelope and seal the envelope; or\nproperly complete and sign the credit card payment section of the camping form; and\nput the envelope in the camping fee container.\n(sec.36-ssec.1) Subject to subsection (3) , an application for a camping permit must be— made to the chief executive; and supported by sufficient information to enable the application to be decided.\n(sec.36-ssec.2) The applicant must also pay the permit fee before the application is decided.\n(sec.36-ssec.3) For a self-registration camping area a person may— fill in a camping form for the area in the way stated on the form; and either— place the camping fee in cash or a cheque in the camping fee envelope and seal the envelope; or properly complete and sign the credit card payment section of the camping form; and put the envelope in the camping fee container.\n- (a) made to the chief executive; and\n- (b) supported by sufficient information to enable the application to be decided.\n- (a) fill in a camping form for the area in the way stated on the form; and\n- (b) either— (i) place the camping fee in cash or a cheque in the camping fee envelope and seal the envelope; or (ii) properly complete and sign the credit card payment section of the camping form; and\n- (i) place the camping fee in cash or a cheque in the camping fee envelope and seal the envelope; or\n- (ii) properly complete and sign the credit card payment section of the camping form; and\n- (c) put the envelope in the camping fee container.\n- (i) place the camping fee in cash or a cheque in the camping fee envelope and seal the envelope; or\n- (ii) properly complete and sign the credit card payment section of the camping form; and","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"When a camping permit granted","content":"### sec.37 When a camping permit granted\n\nSubject to subsections (2) and (3) , a camping permit is granted when the chief executive decides the application and gives the applicant a permit.\nA person who applies for a camping permit for an e-permit camping area by way of the internet website authorised by the chief executive is taken to have been granted a permit when the person receives a notice stating the number identifying the permit.\nA person who applies by phone for a camping permit for an e-permit camping area is taken to have been granted a permit when all of the following steps have been completed—\nthe person gives the information required on the approved form;\nthe person states that the person understands and accepts the conditions of the permit;\nthe person pays the correct permit fee by giving the person’s credit card details;\nthe person is issued a number identifying the permit.\nFor a self-registration camping area, a person is taken to have been granted a camping permit for the area and period stated in the camping form when the person complies with section 36 (3) .\nHowever, a camping permit for a self-registration camping area is taken not to have been granted if—\nthe person pays the camping fee by cheque and the cheque is dishonoured; or\nthe person completes the credit card payment section of the camping fee envelope and the person’s financial institution does not authorise the payment.\nSubsections (2) and (3) have effect subject to section 38 .\n(sec.37-ssec.1) Subject to subsections (2) and (3) , a camping permit is granted when the chief executive decides the application and gives the applicant a permit.\n(sec.37-ssec.2) A person who applies for a camping permit for an e-permit camping area by way of the internet website authorised by the chief executive is taken to have been granted a permit when the person receives a notice stating the number identifying the permit.\n(sec.37-ssec.3) A person who applies by phone for a camping permit for an e-permit camping area is taken to have been granted a permit when all of the following steps have been completed— the person gives the information required on the approved form; the person states that the person understands and accepts the conditions of the permit; the person pays the correct permit fee by giving the person’s credit card details; the person is issued a number identifying the permit.\n(sec.37-ssec.4) For a self-registration camping area, a person is taken to have been granted a camping permit for the area and period stated in the camping form when the person complies with section 36 (3) .\n(sec.37-ssec.5) However, a camping permit for a self-registration camping area is taken not to have been granted if— the person pays the camping fee by cheque and the cheque is dishonoured; or the person completes the credit card payment section of the camping fee envelope and the person’s financial institution does not authorise the payment.\n(sec.37-ssec.6) Subsections (2) and (3) have effect subject to section 38 .\n- (a) the person gives the information required on the approved form;\n- (b) the person states that the person understands and accepts the conditions of the permit;\n- (c) the person pays the correct permit fee by giving the person’s credit card details;\n- (d) the person is issued a number identifying the permit.\n- (a) the person pays the camping fee by cheque and the cheque is dishonoured; or\n- (b) the person completes the credit card payment section of the camping fee envelope and the person’s financial institution does not authorise the payment.","sortOrder":52},{"sectionNumber":"sec.38","sectionType":"section","heading":"Extent to which camping permit granted","content":"### sec.38 Extent to which camping permit granted\n\nA camping permit taken to have been granted under section 37 (2) or (3) is taken to have been granted only—\nfor the number of people stated by the person when applying for the permit; and\nfor the number of days stated by the person when applying for the permit; and\nfor the time when the area, the subject of the permit, is an e-permit camping area; and\nfor not longer than 30 days or, if the e-permit camping notice or any additional conditions notice for the area states a shorter period as the longest period for which anyone may camp in the area, the shorter period.\nA camping permit taken to have been granted under section 37 (4) is taken to have been granted only—\nfor the number of people stated on the camping form; and\nfor not more than the number of people stated on the self-registration camping notice; and\nfor the time when the area, the subject of the permit, is a self-registration camping area; and\nfor not longer than 30 days or, if the self-registration camping notice states a shorter period as the longest period for which anyone may camp in the area, the shorter period.\n(sec.38-ssec.1) A camping permit taken to have been granted under section 37 (2) or (3) is taken to have been granted only— for the number of people stated by the person when applying for the permit; and for the number of days stated by the person when applying for the permit; and for the time when the area, the subject of the permit, is an e-permit camping area; and for not longer than 30 days or, if the e-permit camping notice or any additional conditions notice for the area states a shorter period as the longest period for which anyone may camp in the area, the shorter period.\n(sec.38-ssec.2) A camping permit taken to have been granted under section 37 (4) is taken to have been granted only— for the number of people stated on the camping form; and for not more than the number of people stated on the self-registration camping notice; and for the time when the area, the subject of the permit, is a self-registration camping area; and for not longer than 30 days or, if the self-registration camping notice states a shorter period as the longest period for which anyone may camp in the area, the shorter period.\n- (a) for the number of people stated by the person when applying for the permit; and\n- (b) for the number of days stated by the person when applying for the permit; and\n- (c) for the time when the area, the subject of the permit, is an e-permit camping area; and\n- (d) for not longer than 30 days or, if the e-permit camping notice or any additional conditions notice for the area states a shorter period as the longest period for which anyone may camp in the area, the shorter period.\n- (a) for the number of people stated on the camping form; and\n- (b) for not more than the number of people stated on the self-registration camping notice; and\n- (c) for the time when the area, the subject of the permit, is a self-registration camping area; and\n- (d) for not longer than 30 days or, if the self-registration camping notice states a shorter period as the longest period for which anyone may camp in the area, the shorter period.","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Conditions of camping permit","content":"### sec.39 Conditions of camping permit\n\nFor an e-permit camping area, the conditions stated in the e-permit camping notice, and any additional conditions notice, for the area are taken to be conditions of each camping permit for the area.\nFor a self-registration camping area, the conditions stated in the self-registration camping notice for the area are taken to be conditions of each camping permit for the area.\n(sec.39-ssec.1) For an e-permit camping area, the conditions stated in the e-permit camping notice, and any additional conditions notice, for the area are taken to be conditions of each camping permit for the area.\n(sec.39-ssec.2) For a self-registration camping area, the conditions stated in the self-registration camping notice for the area are taken to be conditions of each camping permit for the area.","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":"Camping permit taken to be authorisation under other Acts","content":"### sec.40 Camping permit taken to be authorisation under other Acts\n\nA camping permit for a recreation area is, for the Nature Conservation Act 1992 , the Forestry Act 1959 and the Marine Parks Act 1982 , taken to be an authorisation permitting camping in the area under those Acts.","sortOrder":55},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Vehicle access permits","content":"## Vehicle access permits","sortOrder":56},{"sectionNumber":"sec.41","sectionType":"section","heading":"How to obtain a vehicle access permit","content":"### sec.41 How to obtain a vehicle access permit\n\nAn application for a vehicle access permit must be—\nmade to the chief executive; and\nsupported by sufficient information to enable the application to be decided.\nThe applicant must also pay the permit fee before the application is decided.\nOn each occasion a rental vehicle is in a recreation area, the person who hired the vehicle for that occasion must be the person who applies for the vehicle access permit.\nIn this section—\nrental vehicle means a vehicle that is rented without a driver for the vehicle being offered or made available by, through, or on behalf of, the person providing the vehicle for rent.\n(sec.41-ssec.1) An application for a vehicle access permit must be— made to the chief executive; and supported by sufficient information to enable the application to be decided.\n(sec.41-ssec.2) The applicant must also pay the permit fee before the application is decided.\n(sec.41-ssec.3) On each occasion a rental vehicle is in a recreation area, the person who hired the vehicle for that occasion must be the person who applies for the vehicle access permit.\n(sec.41-ssec.4) In this section— rental vehicle means a vehicle that is rented without a driver for the vehicle being offered or made available by, through, or on behalf of, the person providing the vehicle for rent.\n- (a) made to the chief executive; and\n- (b) supported by sufficient information to enable the application to be decided.","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"When a vehicle access permit granted","content":"### sec.42 When a vehicle access permit granted\n\nSubject to subsections (2) and (3) , a vehicle access permit is granted when the chief executive decides the application and gives the applicant a permit.\nA person who applies for a vehicle access permit on the internet website authorised by the chief executive is taken to have been granted a permit when the person receives a notice stating the number identifying the permit.\nA person who applies by phone for a vehicle access permit is taken to have been granted a permit when all of the following steps have been completed—\nthe person gives the information required on the approved form;\nthe person states that the person understands and accepts the conditions of the permit;\nthe person pays the correct fee by giving the person’s credit card details;\nthe person is issued a number identifying the permit.\n(sec.42-ssec.1) Subject to subsections (2) and (3) , a vehicle access permit is granted when the chief executive decides the application and gives the applicant a permit.\n(sec.42-ssec.2) A person who applies for a vehicle access permit on the internet website authorised by the chief executive is taken to have been granted a permit when the person receives a notice stating the number identifying the permit.\n(sec.42-ssec.3) A person who applies by phone for a vehicle access permit is taken to have been granted a permit when all of the following steps have been completed— the person gives the information required on the approved form; the person states that the person understands and accepts the conditions of the permit; the person pays the correct fee by giving the person’s credit card details; the person is issued a number identifying the permit.\n- (a) the person gives the information required on the approved form;\n- (b) the person states that the person understands and accepts the conditions of the permit;\n- (c) the person pays the correct fee by giving the person’s credit card details;\n- (d) the person is issued a number identifying the permit.","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Extent to which vehicle access permit granted","content":"### sec.43 Extent to which vehicle access permit granted\n\nA vehicle access permit taken to have been granted under sections 42 (2) or 42 (3) is taken to have been granted only—\nfor the vehicle stated by the person when applying for the permit; and\nfor the period stated by the person when applying for the permit.\n- (a) for the vehicle stated by the person when applying for the permit; and\n- (b) for the period stated by the person when applying for the permit.","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"Vehicle access permit taken to be authorisation under Forestry Act 1959","content":"### sec.44 Vehicle access permit taken to be authorisation under Forestry Act 1959\n\nA vehicle access permit for a recreation area is, for the Forestry Act 1959 , taken to be an authorisation under that Act for the person in control of the vehicle to traverse a road in the area.\nSubsection (1) does not apply if a regulatory notice or other sign prohibits—\nthe use of the vehicle on the road; or\naccess to the area.\n(sec.44-ssec.1) A vehicle access permit for a recreation area is, for the Forestry Act 1959 , taken to be an authorisation under that Act for the person in control of the vehicle to traverse a road in the area.\n(sec.44-ssec.2) Subsection (1) does not apply if a regulatory notice or other sign prohibits— the use of the vehicle on the road; or access to the area.\n- (a) the use of the vehicle on the road; or\n- (b) access to the area.","sortOrder":60},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Organised event permits","content":"## Organised event permits","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"How to obtain an organised event permit","content":"### sec.45 How to obtain an organised event permit\n\nAn application for an organised event permit must be—\nmade to the chief executive in the approved form; and\nsupported by sufficient information to enable the application to be decided.\nThe applicant must also pay the application fee before the application is decided.\ns 45 amd 2007 No. 56 s 44 ; 2014 No. 63 s 10\n(sec.45-ssec.1) An application for an organised event permit must be— made to the chief executive in the approved form; and supported by sufficient information to enable the application to be decided.\n(sec.45-ssec.2) The applicant must also pay the application fee before the application is decided.\n- (a) made to the chief executive in the approved form; and\n- (b) supported by sufficient information to enable the application to be decided.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Requirements for grant of application for organised event permit","content":"### sec.46 Requirements for grant of application for organised event permit\n\nThe chief executive may grant an application for an organised event permit only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit.\nHowever, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities.\ns 46 amd 2014 No. 63 s 11\n(sec.46-ssec.1) The chief executive may grant an application for an organised event permit only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit.\n(sec.46-ssec.2) However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"When an organised event permit granted","content":"### sec.47 When an organised event permit granted\n\nAn organised event permit is granted when the chief executive decides the application and gives the applicant a permit.\ns 47 amd 2014 No. 63 s 12","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Organised event permit taken to be authorisation under other Acts","content":"### sec.48 Organised event permit taken to be authorisation under other Acts\n\nAn organised event permit authorising an activity in a recreation area is, for the Nature Conservation Act 1992 and the Forestry Act 1959 , taken to be an authorisation permitting the activity in the area under those Acts.\ns 48 amd 2014 No. 63 s 13","sortOrder":65},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Commercial activity permits","content":"## Commercial activity permits","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"How to obtain a commercial activity permit","content":"### sec.49 How to obtain a commercial activity permit\n\nAn application for a commercial activity permit must be—\nmade to the chief executive in the approved form; and\nsupported by sufficient information to enable the chief executive to decide the application; and\naccompanied by the application and permit fees.\nInformation in the application must, if the approved form requires, be verified by a statutory declaration.\n(sec.49-ssec.1) An application for a commercial activity permit must be— made to the chief executive in the approved form; and supported by sufficient information to enable the chief executive to decide the application; and accompanied by the application and permit fees.\n(sec.49-ssec.2) Information in the application must, if the approved form requires, be verified by a statutory declaration.\n- (a) made to the chief executive in the approved form; and\n- (b) supported by sufficient information to enable the chief executive to decide the application; and\n- (c) accompanied by the application and permit fees.","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Requirements for holding commercial activity permit","content":"### sec.50 Requirements for holding commercial activity permit\n\nThe chief executive may grant the application if the chief executive is satisfied—\nthe applicant is a suitable person to hold the permit; and\nthere is adequate insurance cover for the activities proposed to be conducted under the permit.\nHowever, subsection (1) (b) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities.\nIn deciding whether the applicant is a suitable person to hold the permit, the chief executive may—\ninquire about the applicant and an associated person of the applicant; and\nhave regard to any matter relevant to the applicant’s ability to carry on the commercial activities for which the permit is sought in a competent and ethical way.\nIn this section—\nassociated person , of the applicant, means—\nif the applicant is a corporation—each executive officer of the corporation; or\nif the applicant is not a corporation, a person who—\nis regularly or usually in charge of the applicant’s business; or\nregularly directs staff of the applicant’s business in their duties; or\nis in a position to control or substantially influence the applicant’s business.\n(sec.50-ssec.1) The chief executive may grant the application if the chief executive is satisfied— the applicant is a suitable person to hold the permit; and there is adequate insurance cover for the activities proposed to be conducted under the permit.\n(sec.50-ssec.2) However, subsection (1) (b) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities.\n(sec.50-ssec.3) In deciding whether the applicant is a suitable person to hold the permit, the chief executive may— inquire about the applicant and an associated person of the applicant; and have regard to any matter relevant to the applicant’s ability to carry on the commercial activities for which the permit is sought in a competent and ethical way.\n(sec.50-ssec.4) In this section— associated person , of the applicant, means— if the applicant is a corporation—each executive officer of the corporation; or if the applicant is not a corporation, a person who— is regularly or usually in charge of the applicant’s business; or regularly directs staff of the applicant’s business in their duties; or is in a position to control or substantially influence the applicant’s business.\n- (a) the applicant is a suitable person to hold the permit; and\n- (b) there is adequate insurance cover for the activities proposed to be conducted under the permit.\n- (a) inquire about the applicant and an associated person of the applicant; and\n- (b) have regard to any matter relevant to the applicant’s ability to carry on the commercial activities for which the permit is sought in a competent and ethical way.\n- (a) if the applicant is a corporation—each executive officer of the corporation; or\n- (b) if the applicant is not a corporation, a person who— (i) is regularly or usually in charge of the applicant’s business; or (ii) regularly directs staff of the applicant’s business in their duties; or (iii) is in a position to control or substantially influence the applicant’s business.\n- (i) is regularly or usually in charge of the applicant’s business; or\n- (ii) regularly directs staff of the applicant’s business in their duties; or\n- (iii) is in a position to control or substantially influence the applicant’s business.\n- (i) is regularly or usually in charge of the applicant’s business; or\n- (ii) regularly directs staff of the applicant’s business in their duties; or\n- (iii) is in a position to control or substantially influence the applicant’s business.","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Chief executive may request public notice of application for commercial activity permit","content":"### sec.51 Chief executive may request public notice of application for commercial activity permit\n\nThis section applies if the chief executive considers the grant of an application for a commercial activity permit for a recreation area may restrict the reasonable use of a part of the area by persons other than the applicant.\nThe chief executive may give the applicant a written notice stating—\nthe applicant must give public notice of the application within a stated period; and\nthe information that must be included in the public notice; and\nthe number of times, being not more than 2, the public notice must be given.\nThe applicant must give the public notice and ensure it—\nincludes the stated information; and\ninvites interested persons to make written submissions to the chief executive, in relation to the application—\nat an address stated in the public notice; and\nwithin a stated period of not less than 20 business days.\nBefore deciding whether or not to grant the permit, the chief executive must consider any written submissions received by the chief executive in response to the public notice.\n(sec.51-ssec.1) This section applies if the chief executive considers the grant of an application for a commercial activity permit for a recreation area may restrict the reasonable use of a part of the area by persons other than the applicant.\n(sec.51-ssec.2) The chief executive may give the applicant a written notice stating— the applicant must give public notice of the application within a stated period; and the information that must be included in the public notice; and the number of times, being not more than 2, the public notice must be given.\n(sec.51-ssec.3) The applicant must give the public notice and ensure it— includes the stated information; and invites interested persons to make written submissions to the chief executive, in relation to the application— at an address stated in the public notice; and within a stated period of not less than 20 business days.\n(sec.51-ssec.4) Before deciding whether or not to grant the permit, the chief executive must consider any written submissions received by the chief executive in response to the public notice.\n- (a) the applicant must give public notice of the application within a stated period; and\n- (b) the information that must be included in the public notice; and\n- (c) the number of times, being not more than 2, the public notice must be given.\n- (a) includes the stated information; and\n- (b) invites interested persons to make written submissions to the chief executive, in relation to the application— (i) at an address stated in the public notice; and (ii) within a stated period of not less than 20 business days.\n- (i) at an address stated in the public notice; and\n- (ii) within a stated period of not less than 20 business days.\n- (i) at an address stated in the public notice; and\n- (ii) within a stated period of not less than 20 business days.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Deciding application for commercial activity permit","content":"### sec.52 Deciding application for commercial activity permit\n\nThe chief executive must consider the application and decide—\nto grant the application, with or without conditions decided by the chief executive, including, for example—\nlimiting the activities that may be carried out under the permit; or\nallowing activities that may be carried out under the permit to be monitored; or\nto grant the application for a shorter period than applied for; or\nto refuse the application.\nSubsection (3) applies if the application is for a new commercial activity permit to commence immediately after an existing commercial activity permit expires.\nWithout limiting subsection (1) , when deciding the application, the chief executive may refuse to grant the application if the chief executive reasonably believes—\nthe existing permit was obtained on the basis of incorrect or misleading information; or\nthe holder of the existing permit has contravened a condition of the permit.\nThe chief executive must make the decision—\nif the chief executive asks for further information about the application under section 56 —within 40 business days after receiving the information requested; or\notherwise—within 40 business days after receiving the application.\nHowever, if the application is for a commercial activity permit that is to form part of a joint permission—\nsubsection (4) does not apply for deciding the application; and\nthe chief executive must decide the application within a reasonable period.\nIf the chief executive decides to grant the application the chief executive must, as soon as practicable after making the decision, issue a permit to the applicant.\nIf the chief executive decides to grant the application with conditions, or to refuse the application, the chief executive must as soon as practicable after making the decision give the applicant an information notice about the decision.\ns 52 amd 2014 No. 63 s 14\n(sec.52-ssec.1) The chief executive must consider the application and decide— to grant the application, with or without conditions decided by the chief executive, including, for example— limiting the activities that may be carried out under the permit; or allowing activities that may be carried out under the permit to be monitored; or to grant the application for a shorter period than applied for; or to refuse the application.\n(sec.52-ssec.2) Subsection (3) applies if the application is for a new commercial activity permit to commence immediately after an existing commercial activity permit expires.\n(sec.52-ssec.3) Without limiting subsection (1) , when deciding the application, the chief executive may refuse to grant the application if the chief executive reasonably believes— the existing permit was obtained on the basis of incorrect or misleading information; or the holder of the existing permit has contravened a condition of the permit.\n(sec.52-ssec.4) The chief executive must make the decision— if the chief executive asks for further information about the application under section 56 —within 40 business days after receiving the information requested; or otherwise—within 40 business days after receiving the application.\n(sec.52-ssec.5) However, if the application is for a commercial activity permit that is to form part of a joint permission— subsection (4) does not apply for deciding the application; and the chief executive must decide the application within a reasonable period.\n(sec.52-ssec.6) If the chief executive decides to grant the application the chief executive must, as soon as practicable after making the decision, issue a permit to the applicant.\n(sec.52-ssec.7) If the chief executive decides to grant the application with conditions, or to refuse the application, the chief executive must as soon as practicable after making the decision give the applicant an information notice about the decision.\n- (a) to grant the application, with or without conditions decided by the chief executive, including, for example— (i) limiting the activities that may be carried out under the permit; or (ii) allowing activities that may be carried out under the permit to be monitored; or\n- (i) limiting the activities that may be carried out under the permit; or\n- (ii) allowing activities that may be carried out under the permit to be monitored; or\n- (b) to grant the application for a shorter period than applied for; or\n- (c) to refuse the application.\n- (i) limiting the activities that may be carried out under the permit; or\n- (ii) allowing activities that may be carried out under the permit to be monitored; or\n- (a) the existing permit was obtained on the basis of incorrect or misleading information; or\n- (b) the holder of the existing permit has contravened a condition of the permit.\n- (a) if the chief executive asks for further information about the application under section 56 —within 40 business days after receiving the information requested; or\n- (b) otherwise—within 40 business days after receiving the application.\n- (a) subsection (4) does not apply for deciding the application; and\n- (b) the chief executive must decide the application within a reasonable period.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Additional matters to be considered under s 52","content":"### sec.53 Additional matters to be considered under s 52\n\nIn deciding an application under section 52 , the chief executive must have regard to each of the following—\nthe purpose of this Act;\nthe management intent for the recreation area, and the area’s current draft or approved management plan;\nconservation of the area’s cultural and natural resources;\nthe amenity of the area and adjacent areas;\nthe size, extent and location of the proposed use in relation to other uses of the area or adjacent areas;\nthe likely cumulative effect of the proposed use and other uses on the area;\npublic health and safety;\nany relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;\nthe requirements mentioned in section 50 ;\nif the proposed permit relates to a recreation area situated in an indigenous joint management area—whether the requirements mentioned in section 35A have been satisfied;\nwhether there are any grounds for refusing the application.\nWithout limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the purpose of this Act.\nFor subsection (1) (k) , the following are grounds for refusing the application to the extent the chief executive is satisfied they are relevant to the activities to be carried out under the permit applied for—\nthe applicant has accumulated 10 or more demerit points in the 3 years immediately before the day the application is decided;\nthe applicant is the former holder of a commercial activity permit, the permit was cancelled because the applicant accumulated 10 or more demerit points, and the application is made within 2 years after the permit was cancelled;\nthe applicant has had an equivalent permit or other authority (however described) in another State or country suspended or cancelled in the 3 years immediately before the day the application is made;\nthe applicant has, in the 3 years immediately before the day the application is made, been convicted of—\nan offence against this Act or the repealed Act; or\nan offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or\nan offence against the Forestry Act 1959 relating to a State forest or timber reserve; or\nan offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or\nan offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country.\ns 53 amd 2021 No. 11 s 24\n(sec.53-ssec.1) In deciding an application under section 52 , the chief executive must have regard to each of the following— the purpose of this Act; the management intent for the recreation area, and the area’s current draft or approved management plan; conservation of the area’s cultural and natural resources; the amenity of the area and adjacent areas; the size, extent and location of the proposed use in relation to other uses of the area or adjacent areas; the likely cumulative effect of the proposed use and other uses on the area; public health and safety; any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; the requirements mentioned in section 50 ; if the proposed permit relates to a recreation area situated in an indigenous joint management area—whether the requirements mentioned in section 35A have been satisfied; whether there are any grounds for refusing the application.\n(sec.53-ssec.2) Without limiting subsection (1) , the chief executive may have regard to anything else the chief executive considers appropriate to achieve the purpose of this Act.\n(sec.53-ssec.3) For subsection (1) (k) , the following are grounds for refusing the application to the extent the chief executive is satisfied they are relevant to the activities to be carried out under the permit applied for— the applicant has accumulated 10 or more demerit points in the 3 years immediately before the day the application is decided; the applicant is the former holder of a commercial activity permit, the permit was cancelled because the applicant accumulated 10 or more demerit points, and the application is made within 2 years after the permit was cancelled; the applicant has had an equivalent permit or other authority (however described) in another State or country suspended or cancelled in the 3 years immediately before the day the application is made; the applicant has, in the 3 years immediately before the day the application is made, been convicted of— an offence against this Act or the repealed Act; or an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country.\n- (a) the purpose of this Act;\n- (b) the management intent for the recreation area, and the area’s current draft or approved management plan;\n- (c) conservation of the area’s cultural and natural resources;\n- (d) the amenity of the area and adjacent areas;\n- (e) the size, extent and location of the proposed use in relation to other uses of the area or adjacent areas;\n- (f) the likely cumulative effect of the proposed use and other uses on the area;\n- (g) public health and safety;\n- (h) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;\n- (i) the requirements mentioned in section 50 ;\n- (j) if the proposed permit relates to a recreation area situated in an indigenous joint management area—whether the requirements mentioned in section 35A have been satisfied;\n- (k) whether there are any grounds for refusing the application.\n- (a) the applicant has accumulated 10 or more demerit points in the 3 years immediately before the day the application is decided;\n- (b) the applicant is the former holder of a commercial activity permit, the permit was cancelled because the applicant accumulated 10 or more demerit points, and the application is made within 2 years after the permit was cancelled;\n- (c) the applicant has had an equivalent permit or other authority (however described) in another State or country suspended or cancelled in the 3 years immediately before the day the application is made;\n- (d) the applicant has, in the 3 years immediately before the day the application is made, been convicted of— (i) an offence against this Act or the repealed Act; or (ii) an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or (iii) an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or (iv) an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or (v) an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country.\n- (i) an offence against this Act or the repealed Act; or\n- (ii) an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or\n- (iii) an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or\n- (iv) an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or\n- (v) an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country.\n- (i) an offence against this Act or the repealed Act; or\n- (ii) an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or\n- (iii) an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or\n- (iv) an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or\n- (v) an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country.","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"Existing commercial activity permit taken to be in force while new application is considered","content":"### sec.54 Existing commercial activity permit taken to be in force while new application is considered\n\nThis section applies if an application is made under section 49 for a new commercial activity permit intended to commence immediately after an existing commercial activity permit expires.\nThe existing permit is taken to continue in force from the day it would otherwise have expired until the day on which the earliest of the following happens—\nthe chief executive grants the new permit;\nthe chief executive decides to refuse the application and gives the applicant an information notice about the decision;\nthe applicant is taken to have withdrawn the application under section 56 (5) ;\nif the existing permit is a permit other than a joint permission permit—the existing permit has continued for 3 months after the day it would otherwise have expired.\nIf the chief executive grants the new permit, it is taken to have commenced immediately after the existing permit would otherwise have expired.\nSubsection (2) does not stop the existing permit from being cancelled or suspended under this Act.\ns 54 amd 2014 No. 63 s 15\n(sec.54-ssec.1) This section applies if an application is made under section 49 for a new commercial activity permit intended to commence immediately after an existing commercial activity permit expires.\n(sec.54-ssec.2) The existing permit is taken to continue in force from the day it would otherwise have expired until the day on which the earliest of the following happens— the chief executive grants the new permit; the chief executive decides to refuse the application and gives the applicant an information notice about the decision; the applicant is taken to have withdrawn the application under section 56 (5) ; if the existing permit is a permit other than a joint permission permit—the existing permit has continued for 3 months after the day it would otherwise have expired.\n(sec.54-ssec.3) If the chief executive grants the new permit, it is taken to have commenced immediately after the existing permit would otherwise have expired.\n(sec.54-ssec.4) Subsection (2) does not stop the existing permit from being cancelled or suspended under this Act.\n- (a) the chief executive grants the new permit;\n- (b) the chief executive decides to refuse the application and gives the applicant an information notice about the decision;\n- (c) the applicant is taken to have withdrawn the application under section 56 (5) ;\n- (d) if the existing permit is a permit other than a joint permission permit—the existing permit has continued for 3 months after the day it would otherwise have expired.","sortOrder":72},{"sectionNumber":"sec.55","sectionType":"section","heading":"Commercial activity permit taken to be authorisation under other Acts","content":"### sec.55 Commercial activity permit taken to be authorisation under other Acts\n\nA commercial activity permit authorising an activity in a recreation area is, for the Nature Conservation Act 1992 and the Forestry Act 1959 , taken to be an authorisation permitting the activity in the area under those Acts.","sortOrder":73},{"sectionNumber":"sec.55A","sectionType":"section","heading":"Form of commercial activity permit","content":"### sec.55A Form of commercial activity permit\n\nA commercial activity permit may be combined with either or both of the following—\na commercial activity permit granted under the Nature Conservation Act 1992 ;\na permit to conduct a commercial activity in a State forest or timber reserve granted under the Forestry Act 1959 .\nAlso, the chief executive may use a document that has been used for the grant of a marine park permission for the grant of a commercial activity permit.\ns 55A ins 2013 No. 55 s 91\namd 2014 No. 41 s 44 ; 2014 No. 63 s 16\n(sec.55A-ssec.1) A commercial activity permit may be combined with either or both of the following— a commercial activity permit granted under the Nature Conservation Act 1992 ; a permit to conduct a commercial activity in a State forest or timber reserve granted under the Forestry Act 1959 .\n(sec.55A-ssec.2) Also, the chief executive may use a document that has been used for the grant of a marine park permission for the grant of a commercial activity permit.\n- (a) a commercial activity permit granted under the Nature Conservation Act 1992 ;\n- (b) a permit to conduct a commercial activity in a State forest or timber reserve granted under the Forestry Act 1959 .","sortOrder":74},{"sectionNumber":"sec.55B","sectionType":"section","heading":"Application to renew permit","content":"### sec.55B Application to renew permit\n\nA person who holds a commercial activity permit may apply to the chief executive, before the permit expires, to renew the permit.\nThe application must—\nbe in the approved form; and\ninclude the information (if any) prescribed by regulation.\nThe application must be accompanied by the fees, prescribed by regulation, for the application and the permit.\nIf a person applies to renew a commercial activity permit in accordance with subsections (1) to (3) , the permit continues in force until whichever of the following happens first—\nthe application is decided;\nthe application is withdrawn;\n3 months has elapsed after the day when the permit would otherwise have expired;\nthe permit is suspended or cancelled.\ns 55B ins 2014 No. 41 s 45\n(sec.55B-ssec.1) A person who holds a commercial activity permit may apply to the chief executive, before the permit expires, to renew the permit.\n(sec.55B-ssec.2) The application must— be in the approved form; and include the information (if any) prescribed by regulation.\n(sec.55B-ssec.3) The application must be accompanied by the fees, prescribed by regulation, for the application and the permit.\n(sec.55B-ssec.4) If a person applies to renew a commercial activity permit in accordance with subsections (1) to (3) , the permit continues in force until whichever of the following happens first— the application is decided; the application is withdrawn; 3 months has elapsed after the day when the permit would otherwise have expired; the permit is suspended or cancelled.\n- (a) be in the approved form; and\n- (b) include the information (if any) prescribed by regulation.\n- (a) the application is decided;\n- (b) the application is withdrawn;\n- (c) 3 months has elapsed after the day when the permit would otherwise have expired;\n- (d) the permit is suspended or cancelled.","sortOrder":75},{"sectionNumber":"sec.55C","sectionType":"section","heading":"Amending conditions of permit","content":"### sec.55C Amending conditions of permit\n\nThe chief executive may amend or omit a condition of a commercial activity permit, when the permit is renewed—\nat the request of the permit holder; or\non the chief executive’s own initiative.\nHowever, the chief executive may amend or omit a condition, subject to section 55D (3) (b) , only if the chief executive reasonably considers it is necessary because of an amendment that may be made to a commercial activity permit under section 61 , 63 or 64 .\ns 55C ins 2014 No. 41 s 45\n(sec.55C-ssec.1) The chief executive may amend or omit a condition of a commercial activity permit, when the permit is renewed— at the request of the permit holder; or on the chief executive’s own initiative.\n(sec.55C-ssec.2) However, the chief executive may amend or omit a condition, subject to section 55D (3) (b) , only if the chief executive reasonably considers it is necessary because of an amendment that may be made to a commercial activity permit under section 61 , 63 or 64 .\n- (a) at the request of the permit holder; or\n- (b) on the chief executive’s own initiative.","sortOrder":76},{"sectionNumber":"sec.55D","sectionType":"section","heading":"Deciding application to renew permit","content":"### sec.55D Deciding application to renew permit\n\nThe chief executive may grant an application to renew a commercial activity permit (an existing permit ) if—\nthe chief executive is not aware of information that is likely to change the chief executive’s consideration of a matter mentioned in section 53 for the existing permit; and\nthe chief executive is satisfied the permit holder has in relation to the existing permit—\ngiven the chief executive the information prescribed by regulation; and\npaid the fee for the existing permit or agreed to pay the fee by instalments and has complied with the agreement; and\nfor a permit relating to a recreation area situated in an indigenous joint management area—all requirements relating to the permit under the indigenous management agreement for the area have been satisfied in relation to the renewal.\nSubsection (1) (b) does not apply to an application for an existing permit for filming or photography.\nIf the chief executive grants the application—\nthe chief executive must give the applicant a renewed commercial activity permit that is effective from the day after the permit would otherwise have expired; and\nthe renewed commercial activity permit must not authorise the person to carry out any of the following—\nactivities not authorised under the existing permit;\nactivities at locations not authorised under the existing permit;\nactivities to a scale (such as in relation to numbers of people, vehicles, structures or animals) that is greater than the scale of activities authorised under the existing permit.\nIf the chief executive refuses to grant an application to renew a commercial activity permit, the chief executive must give the applicant a notice stating—\nthe reasons for the refusal; and\nthat the refusal does not stop the applicant from applying for a new commercial activity permit.\ns 55D ins 2014 No. 41 s 45\namd 2021 No. 11 s 25\n(sec.55D-ssec.1) The chief executive may grant an application to renew a commercial activity permit (an existing permit ) if— the chief executive is not aware of information that is likely to change the chief executive’s consideration of a matter mentioned in section 53 for the existing permit; and the chief executive is satisfied the permit holder has in relation to the existing permit— given the chief executive the information prescribed by regulation; and paid the fee for the existing permit or agreed to pay the fee by instalments and has complied with the agreement; and for a permit relating to a recreation area situated in an indigenous joint management area—all requirements relating to the permit under the indigenous management agreement for the area have been satisfied in relation to the renewal.\n(sec.55D-ssec.2) Subsection (1) (b) does not apply to an application for an existing permit for filming or photography.\n(sec.55D-ssec.3) If the chief executive grants the application— the chief executive must give the applicant a renewed commercial activity permit that is effective from the day after the permit would otherwise have expired; and the renewed commercial activity permit must not authorise the person to carry out any of the following— activities not authorised under the existing permit; activities at locations not authorised under the existing permit; activities to a scale (such as in relation to numbers of people, vehicles, structures or animals) that is greater than the scale of activities authorised under the existing permit.\n(sec.55D-ssec.4) If the chief executive refuses to grant an application to renew a commercial activity permit, the chief executive must give the applicant a notice stating— the reasons for the refusal; and that the refusal does not stop the applicant from applying for a new commercial activity permit.\n- (a) the chief executive is not aware of information that is likely to change the chief executive’s consideration of a matter mentioned in section 53 for the existing permit; and\n- (b) the chief executive is satisfied the permit holder has in relation to the existing permit— (i) given the chief executive the information prescribed by regulation; and (ii) paid the fee for the existing permit or agreed to pay the fee by instalments and has complied with the agreement; and\n- (i) given the chief executive the information prescribed by regulation; and\n- (ii) paid the fee for the existing permit or agreed to pay the fee by instalments and has complied with the agreement; and\n- (c) for a permit relating to a recreation area situated in an indigenous joint management area—all requirements relating to the permit under the indigenous management agreement for the area have been satisfied in relation to the renewal.\n- (i) given the chief executive the information prescribed by regulation; and\n- (ii) paid the fee for the existing permit or agreed to pay the fee by instalments and has complied with the agreement; and\n- (a) the chief executive must give the applicant a renewed commercial activity permit that is effective from the day after the permit would otherwise have expired; and\n- (b) the renewed commercial activity permit must not authorise the person to carry out any of the following— (i) activities not authorised under the existing permit; (ii) activities at locations not authorised under the existing permit; (iii) activities to a scale (such as in relation to numbers of people, vehicles, structures or animals) that is greater than the scale of activities authorised under the existing permit.\n- (i) activities not authorised under the existing permit;\n- (ii) activities at locations not authorised under the existing permit;\n- (iii) activities to a scale (such as in relation to numbers of people, vehicles, structures or animals) that is greater than the scale of activities authorised under the existing permit.\n- (i) activities not authorised under the existing permit;\n- (ii) activities at locations not authorised under the existing permit;\n- (iii) activities to a scale (such as in relation to numbers of people, vehicles, structures or animals) that is greater than the scale of activities authorised under the existing permit.\n- (a) the reasons for the refusal; and\n- (b) that the refusal does not stop the applicant from applying for a new commercial activity permit.","sortOrder":77},{"sectionNumber":"sec.55E","sectionType":"section","heading":"Information notice not required","content":"### sec.55E Information notice not required\n\nThe chief executive is not required to give the permit holder an information notice about the renewal of, or refusal to renew, a commercial activity permit under this division.\ns 55E ins 2014 No. 41 s 45","sortOrder":78},{"sectionNumber":"pt.4-div.5A","sectionType":"division","heading":"Transfer of particular commercial activity permits","content":"## Transfer of particular commercial activity permits","sortOrder":79},{"sectionNumber":"sec.55F","sectionType":"section","heading":"Application of div 5A","content":"### sec.55F Application of div 5A\n\nThis division applies to a joint permission permit, including a joint permission permit continued in force under section 54 .\ns 55F ins 2014 No. 63 s 17","sortOrder":80},{"sectionNumber":"sec.55G","sectionType":"section","heading":"Joint permission permit transferable","content":"### sec.55G Joint permission permit transferable\n\nThe joint permission permit is transferable.\ns 55G ins 2014 No. 63 s 17","sortOrder":81},{"sectionNumber":"sec.55H","sectionType":"section","heading":"Application to transfer joint permit","content":"### sec.55H Application to transfer joint permit\n\nThe holder of the joint permission permit and a proposed transferee may apply to the chief executive to transfer the permit.\nThe application must be—\nin the approved form; and\nsigned by the holder and the proposed transferee; and\ngiven to the chief executive at least 28 days before the day on which the transfer is intended to take effect; and\naccompanied by the prescribed fee for the transfer.\ns 55H ins 2014 No. 63 s 17\n(sec.55H-ssec.1) The holder of the joint permission permit and a proposed transferee may apply to the chief executive to transfer the permit.\n(sec.55H-ssec.2) The application must be— in the approved form; and signed by the holder and the proposed transferee; and given to the chief executive at least 28 days before the day on which the transfer is intended to take effect; and accompanied by the prescribed fee for the transfer.\n- (a) in the approved form; and\n- (b) signed by the holder and the proposed transferee; and\n- (c) given to the chief executive at least 28 days before the day on which the transfer is intended to take effect; and\n- (d) accompanied by the prescribed fee for the transfer.","sortOrder":82},{"sectionNumber":"sec.55I","sectionType":"section","heading":"Deciding transfer application","content":"### sec.55I Deciding transfer application\n\nIn deciding the application, the chief executive must have regard to the following—\nwhether the proposed transferee is a suitable person to hold the joint permission permit;\nwhether there is adequate insurance cover for the activities proposed to be conducted under the permit;\nwhether the holder of the permit, or the proposed transferee, owes any fee or other amount payable under the Act ;\nall matters relevant to ensuring the orderly and proper management of the recreation area to which the permit applies.\nHowever, subsection (1) (b) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities.\nFor deciding whether the proposed transferee is a suitable person to hold the joint permission permit, section 50 (3) and (4) applies as if—\na reference to the applicant were a reference to the proposed transferee; and\na reference to the commercial activity permit were a reference to the joint permission permit.\ns 55I ins 2014 No. 63 s 17\n(sec.55I-ssec.1) In deciding the application, the chief executive must have regard to the following— whether the proposed transferee is a suitable person to hold the joint permission permit; whether there is adequate insurance cover for the activities proposed to be conducted under the permit; whether the holder of the permit, or the proposed transferee, owes any fee or other amount payable under the Act ; all matters relevant to ensuring the orderly and proper management of the recreation area to which the permit applies.\n(sec.55I-ssec.2) However, subsection (1) (b) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities.\n(sec.55I-ssec.3) For deciding whether the proposed transferee is a suitable person to hold the joint permission permit, section 50 (3) and (4) applies as if— a reference to the applicant were a reference to the proposed transferee; and a reference to the commercial activity permit were a reference to the joint permission permit.\n- (a) whether the proposed transferee is a suitable person to hold the joint permission permit;\n- (b) whether there is adequate insurance cover for the activities proposed to be conducted under the permit;\n- (c) whether the holder of the permit, or the proposed transferee, owes any fee or other amount payable under the Act ;\n- (d) all matters relevant to ensuring the orderly and proper management of the recreation area to which the permit applies.\n- (a) a reference to the applicant were a reference to the proposed transferee; and\n- (b) a reference to the commercial activity permit were a reference to the joint permission permit.","sortOrder":83},{"sectionNumber":"sec.55J","sectionType":"section","heading":"Chief executive’s power to require further information","content":"### sec.55J Chief executive’s power to require further information\n\nBefore deciding the application, the chief executive may, by notice, ask the holder of the joint permission permit or the proposed transferee to give the chief executive any further information the chief executive reasonably requires to decide the application.\nThe holder and proposed transferee are taken to have withdrawn the application if the request is not complied with within 60 days after the person to whom the notice is given receives the notice.\ns 55J ins 2014 No. 63 s 17\n(sec.55J-ssec.1) Before deciding the application, the chief executive may, by notice, ask the holder of the joint permission permit or the proposed transferee to give the chief executive any further information the chief executive reasonably requires to decide the application.\n(sec.55J-ssec.2) The holder and proposed transferee are taken to have withdrawn the application if the request is not complied with within 60 days after the person to whom the notice is given receives the notice.","sortOrder":84},{"sectionNumber":"sec.55K","sectionType":"section","heading":"Approval or non-approval of transfer","content":"### sec.55K Approval or non-approval of transfer\n\nThe chief executive must decide the application within 28 days after the chief executive—\nreceives the application; or\nif the chief executive has asked for further information under section 55J —receives the information.\nThe chief executive may approve the transfer of the joint permission permit only if the chief executive is satisfied—\nthe proposed transferee is a suitable person to hold the joint permission permit; and\nthe holder of the permit, or the proposed transferee, does not owe any fee or other amount payable under the Act .\nIf the chief executive refuses to approve the transfer, the chief executive must give the holder of the permit and the proposed transferee an information notice about the decision.\ns 55K ins 2014 No. 63 s 17\n(sec.55K-ssec.1) The chief executive must decide the application within 28 days after the chief executive— receives the application; or if the chief executive has asked for further information under section 55J —receives the information.\n(sec.55K-ssec.2) The chief executive may approve the transfer of the joint permission permit only if the chief executive is satisfied— the proposed transferee is a suitable person to hold the joint permission permit; and the holder of the permit, or the proposed transferee, does not owe any fee or other amount payable under the Act .\n(sec.55K-ssec.3) If the chief executive refuses to approve the transfer, the chief executive must give the holder of the permit and the proposed transferee an information notice about the decision.\n- (a) receives the application; or\n- (b) if the chief executive has asked for further information under section 55J —receives the information.\n- (a) the proposed transferee is a suitable person to hold the joint permission permit; and\n- (b) the holder of the permit, or the proposed transferee, does not owe any fee or other amount payable under the Act .","sortOrder":85},{"sectionNumber":"sec.55L","sectionType":"section","heading":"Steps after approval of transfer","content":"### sec.55L Steps after approval of transfer\n\nThis section applies if the chief executive decides to approve the transfer of the joint permission permit.\nThe chief executive must cancel the permit and give the proposed transferee a new joint permission permit (the new permit) authorising the same activities as the cancelled permit immediately before it was cancelled under this section.\nThe new permit—\nstarts on the later of the following days (the transfer day )—\nthe day the application is decided;\nthe day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and\nends on the day the cancelled permit would have ended if it were not cancelled under this section.\nThe new permit is subject to the same conditions as the cancelled permit immediately before it was cancelled under this section.\nDespite subsection (4) , the chief executive may impose a new or different condition on the new permit if—\nthe proposed transferee consents to the new or different condition; or\nit is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permit; or\nit is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permit.\nThe holder of the permit cancelled under subsection (2) must return it to the chief executive before the end of the day after the transfer day.\ns 55L ins 2014 No. 63 s 17\n(sec.55L-ssec.1) This section applies if the chief executive decides to approve the transfer of the joint permission permit.\n(sec.55L-ssec.2) The chief executive must cancel the permit and give the proposed transferee a new joint permission permit (the new permit) authorising the same activities as the cancelled permit immediately before it was cancelled under this section.\n(sec.55L-ssec.3) The new permit— starts on the later of the following days (the transfer day )— the day the application is decided; the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and ends on the day the cancelled permit would have ended if it were not cancelled under this section.\n(sec.55L-ssec.4) The new permit is subject to the same conditions as the cancelled permit immediately before it was cancelled under this section.\n(sec.55L-ssec.5) Despite subsection (4) , the chief executive may impose a new or different condition on the new permit if— the proposed transferee consents to the new or different condition; or it is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permit; or it is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permit.\n(sec.55L-ssec.6) The holder of the permit cancelled under subsection (2) must return it to the chief executive before the end of the day after the transfer day.\n- (a) starts on the later of the following days (the transfer day )— (i) the day the application is decided; (ii) the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and\n- (i) the day the application is decided;\n- (ii) the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and\n- (b) ends on the day the cancelled permit would have ended if it were not cancelled under this section.\n- (i) the day the application is decided;\n- (ii) the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and\n- (a) the proposed transferee consents to the new or different condition; or\n- (b) it is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permit; or\n- (c) it is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permit.","sortOrder":86},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"General provisions about permits","content":"## General provisions about permits","sortOrder":87},{"sectionNumber":"sec.56","sectionType":"section","heading":"Chief executive’s power to require further information about permit application","content":"### sec.56 Chief executive’s power to require further information about permit application\n\nBefore deciding an application for a permit, the chief executive may ask the applicant for any further information or document the chief executive reasonably requires to decide the application.\nThe chief executive may require the information or document to be verified by a statutory declaration.\nIf the application is for a commercial activity permit, the chief executive may give the applicant a written notice asking the applicant to give the information or document by the day stated in the notice.\nThe notice must—\nbe given to the applicant within 20 business days after the chief executive receives the application; and\nstate a reasonable period of at least 20 business days after it is given within which the information or document must be given.\nSubsection (4) (a) does not apply if the application is for a commercial activity permit that is to form part of a joint permission.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the request within—\nfor a commercial activity permit—the period stated in the notice; or\nin any other case—a reasonable period.\nThe chief executive may extend a period mentioned in subsection (5) .\ns 56 amd 2014 No. 63 s 18\n(sec.56-ssec.1) Before deciding an application for a permit, the chief executive may ask the applicant for any further information or document the chief executive reasonably requires to decide the application.\n(sec.56-ssec.2) The chief executive may require the information or document to be verified by a statutory declaration.\n(sec.56-ssec.3) If the application is for a commercial activity permit, the chief executive may give the applicant a written notice asking the applicant to give the information or document by the day stated in the notice.\n(sec.56-ssec.4) The notice must— be given to the applicant within 20 business days after the chief executive receives the application; and state a reasonable period of at least 20 business days after it is given within which the information or document must be given.\n(sec.56-ssec.4A) Subsection (4) (a) does not apply if the application is for a commercial activity permit that is to form part of a joint permission.\n(sec.56-ssec.5) The applicant is taken to have withdrawn the application if the applicant does not comply with the request within— for a commercial activity permit—the period stated in the notice; or in any other case—a reasonable period.\n(sec.56-ssec.6) The chief executive may extend a period mentioned in subsection (5) .\n- (a) be given to the applicant within 20 business days after the chief executive receives the application; and\n- (b) state a reasonable period of at least 20 business days after it is given within which the information or document must be given.\n- (a) for a commercial activity permit—the period stated in the notice; or\n- (b) in any other case—a reasonable period.","sortOrder":88},{"sectionNumber":"sec.57","sectionType":"section","heading":"Amending permit application","content":"### sec.57 Amending permit application\n\nIf the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.","sortOrder":89},{"sectionNumber":"sec.58","sectionType":"section","heading":"Deciding permit application (other than commercial activity permit)","content":"### sec.58 Deciding permit application (other than commercial activity permit)\n\nThe chief executive must consider the application and decide—\nto grant the application, with or without conditions decided by the chief executive; or\nto refuse the application.\nIn making the decision, the chief executive—\nmust have regard to each of the following—\nthe purpose of this Act;\nthe management intent for the recreation area, or the area’s current draft or approved management plan;\nconservation of the area’s cultural and natural resources;\nthe amenity of the area and adjacent areas;\nthe size, extent and location of the proposed use in relation to other use of the area or adjacent areas;\nthe likely cumulative effect of the proposed use and other uses on the area;\npublic health and safety;\nany relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; and\nmay have regard to anything else the chief executive considers appropriate to achieve the purpose of this Act.\nThe chief executive must make the decision—\nif the chief executive asks for further information about the application under section 56 —within 40 business days after receiving the information requested; or\notherwise—within 40 business days after receiving the application.\nThis section does not apply for an application for a commercial activity permit.\n(sec.58-ssec.1) The chief executive must consider the application and decide— to grant the application, with or without conditions decided by the chief executive; or to refuse the application.\n(sec.58-ssec.2) In making the decision, the chief executive— must have regard to each of the following— the purpose of this Act; the management intent for the recreation area, or the area’s current draft or approved management plan; conservation of the area’s cultural and natural resources; the amenity of the area and adjacent areas; the size, extent and location of the proposed use in relation to other use of the area or adjacent areas; the likely cumulative effect of the proposed use and other uses on the area; public health and safety; any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; and may have regard to anything else the chief executive considers appropriate to achieve the purpose of this Act.\n(sec.58-ssec.3) The chief executive must make the decision— if the chief executive asks for further information about the application under section 56 —within 40 business days after receiving the information requested; or otherwise—within 40 business days after receiving the application.\n(sec.58-ssec.4) This section does not apply for an application for a commercial activity permit.\n- (a) to grant the application, with or without conditions decided by the chief executive; or\n- (b) to refuse the application.\n- (a) must have regard to each of the following— (i) the purpose of this Act; (ii) the management intent for the recreation area, or the area’s current draft or approved management plan; (iii) conservation of the area’s cultural and natural resources; (iv) the amenity of the area and adjacent areas; (v) the size, extent and location of the proposed use in relation to other use of the area or adjacent areas; (vi) the likely cumulative effect of the proposed use and other uses on the area; (vii) public health and safety; (viii) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; and\n- (i) the purpose of this Act;\n- (ii) the management intent for the recreation area, or the area’s current draft or approved management plan;\n- (iii) conservation of the area’s cultural and natural resources;\n- (iv) the amenity of the area and adjacent areas;\n- (v) the size, extent and location of the proposed use in relation to other use of the area or adjacent areas;\n- (vi) the likely cumulative effect of the proposed use and other uses on the area;\n- (vii) public health and safety;\n- (viii) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; and\n- (b) may have regard to anything else the chief executive considers appropriate to achieve the purpose of this Act.\n- (i) the purpose of this Act;\n- (ii) the management intent for the recreation area, or the area’s current draft or approved management plan;\n- (iii) conservation of the area’s cultural and natural resources;\n- (iv) the amenity of the area and adjacent areas;\n- (v) the size, extent and location of the proposed use in relation to other use of the area or adjacent areas;\n- (vi) the likely cumulative effect of the proposed use and other uses on the area;\n- (vii) public health and safety;\n- (viii) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; and\n- (a) if the chief executive asks for further information about the application under section 56 —within 40 business days after receiving the information requested; or\n- (b) otherwise—within 40 business days after receiving the application.","sortOrder":90},{"sectionNumber":"sec.59","sectionType":"section","heading":"Steps to be taken after permit application decided (other than commercial activity permit)","content":"### sec.59 Steps to be taken after permit application decided (other than commercial activity permit)\n\nIf the chief executive decides to grant the application, with or without conditions, the chief executive must, as soon as practicable after making the decision—\nfor an organised event permit to be issued with conditions—issue a permit to the applicant and give the applicant an information notice about the decision; or\nfor any other permit—issue a permit to the applicant.\nIf the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision—\nfor an organised event permit—give the applicant an information notice about the decision; or\nfor any other permit—tell the applicant about the refusal.\nThis section does not apply for an application for a commercial activity permit.\ns 59 amd 2014 No. 63 s 19\n(sec.59-ssec.1) If the chief executive decides to grant the application, with or without conditions, the chief executive must, as soon as practicable after making the decision— for an organised event permit to be issued with conditions—issue a permit to the applicant and give the applicant an information notice about the decision; or for any other permit—issue a permit to the applicant.\n(sec.59-ssec.2) If the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision— for an organised event permit—give the applicant an information notice about the decision; or for any other permit—tell the applicant about the refusal.\n(sec.59-ssec.3) This section does not apply for an application for a commercial activity permit.\n- (a) for an organised event permit to be issued with conditions—issue a permit to the applicant and give the applicant an information notice about the decision; or\n- (b) for any other permit—issue a permit to the applicant.\n- (a) for an organised event permit—give the applicant an information notice about the decision; or\n- (b) for any other permit—tell the applicant about the refusal.","sortOrder":91},{"sectionNumber":"sec.60","sectionType":"section","heading":"Permits","content":"### sec.60 Permits\n\nA permit must be in writing and state each of the following—\nits issue date;\nif it does not commence on the issue date—its commencement date;\nits term or expiry date;\nthe following information about the permit holder—\nthe holder’s name and, if the holder is a corporation, its ABN or ACN;\nthe holder’s place of business;\nthe recreation area to which the permit relates;\nthe purpose for which the permit is issued;\nany conditions imposed by the chief executive, under section 58 (1) (a) , on the permit.\nSubsection (1) does not apply to a permit issued under section 37 (2) , (3) or (4) or section 42 (2) or (3) .\n(sec.60-ssec.1) A permit must be in writing and state each of the following— its issue date; if it does not commence on the issue date—its commencement date; its term or expiry date; the following information about the permit holder— the holder’s name and, if the holder is a corporation, its ABN or ACN; the holder’s place of business; the recreation area to which the permit relates; the purpose for which the permit is issued; any conditions imposed by the chief executive, under section 58 (1) (a) , on the permit.\n(sec.60-ssec.2) Subsection (1) does not apply to a permit issued under section 37 (2) , (3) or (4) or section 42 (2) or (3) .\n- (a) its issue date;\n- (b) if it does not commence on the issue date—its commencement date;\n- (c) its term or expiry date;\n- (d) the following information about the permit holder— (i) the holder’s name and, if the holder is a corporation, its ABN or ACN; (ii) the holder’s place of business;\n- (i) the holder’s name and, if the holder is a corporation, its ABN or ACN;\n- (ii) the holder’s place of business;\n- (e) the recreation area to which the permit relates;\n- (f) the purpose for which the permit is issued;\n- (g) any conditions imposed by the chief executive, under section 58 (1) (a) , on the permit.\n- (i) the holder’s name and, if the holder is a corporation, its ABN or ACN;\n- (ii) the holder’s place of business;","sortOrder":92},{"sectionNumber":"sec.61","sectionType":"section","heading":"Minor amendments","content":"### sec.61 Minor amendments\n\nThis section applies if—\nthe chief executive reasonably considers a permit should be amended; and\nthe proposed amendment is a minor amendment.\nThe chief executive may amend the permit by—\nfor a camping or vehicle access permit—advising the permit holder of the amendment; or\nfor an organised event or commercial activity permit—giving the holder written notice of the amendment.\nThe advice or notice must state the reasons for the amendment.\nSections 62 to 64 do not apply to the amendment.\nThe amendment takes effect on the later of the following days—\nthe day when the advice or notice is given to the holder;\nthe day of effect advised or stated in the notice.\nThe effect of the amendment does not depend on the amendment being noted on the permit.\nIn this section—\nminor amendment means an amendment that—\nomits a condition; or\ncorrects an error; or\nmakes another change, other than a change of substance, that does not adversely affect the holder’s interests.\ns 61 amd 2014 No. 63 s 20\n(sec.61-ssec.1) This section applies if— the chief executive reasonably considers a permit should be amended; and the proposed amendment is a minor amendment.\n(sec.61-ssec.2) The chief executive may amend the permit by— for a camping or vehicle access permit—advising the permit holder of the amendment; or for an organised event or commercial activity permit—giving the holder written notice of the amendment.\n(sec.61-ssec.3) The advice or notice must state the reasons for the amendment.\n(sec.61-ssec.4) Sections 62 to 64 do not apply to the amendment.\n(sec.61-ssec.5) The amendment takes effect on the later of the following days— the day when the advice or notice is given to the holder; the day of effect advised or stated in the notice.\n(sec.61-ssec.6) The effect of the amendment does not depend on the amendment being noted on the permit.\n(sec.61-ssec.7) In this section— minor amendment means an amendment that— omits a condition; or corrects an error; or makes another change, other than a change of substance, that does not adversely affect the holder’s interests.\n- (a) the chief executive reasonably considers a permit should be amended; and\n- (b) the proposed amendment is a minor amendment.\n- (a) for a camping or vehicle access permit—advising the permit holder of the amendment; or\n- (b) for an organised event or commercial activity permit—giving the holder written notice of the amendment.\n- (a) the day when the advice or notice is given to the holder;\n- (b) the day of effect advised or stated in the notice.\n- (a) omits a condition; or\n- (b) corrects an error; or\n- (c) makes another change, other than a change of substance, that does not adversely affect the holder’s interests.","sortOrder":93},{"sectionNumber":"sec.62","sectionType":"section","heading":"Amendments by application","content":"### sec.62 Amendments by application\n\nThe holder of a permit may apply to the chief executive for an amendment of the permit.\nThe application must be—\naccompanied by the fee prescribed under a regulation; and\nif the application relates to an organised event or commercial activity permit—made in writing.\nIf the chief executive decides to make the amendment, the chief executive must—\nfor a camping or vehicle access permit—advise the holder of the amendment; or\nfor an organised event or commercial activity permit—give the holder written notice of the amendment.\nThe amendment takes effect on the later of the following days—\nthe day when the advice or notice is given to the holder;\nthe day of effect advised or stated in the notice.\nThe effect of the amendment does not depend on the amendment being noted on the permit.\nIf the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision—\nfor a camping or vehicle access permit—advise the holder of the decision; or\nfor an organised event or commercial activity permit—give the holder an information notice about the decision.\ns 62 amd 2014 No. 63 s 21\n(sec.62-ssec.1) The holder of a permit may apply to the chief executive for an amendment of the permit.\n(sec.62-ssec.2) The application must be— accompanied by the fee prescribed under a regulation; and if the application relates to an organised event or commercial activity permit—made in writing.\n(sec.62-ssec.3) If the chief executive decides to make the amendment, the chief executive must— for a camping or vehicle access permit—advise the holder of the amendment; or for an organised event or commercial activity permit—give the holder written notice of the amendment.\n(sec.62-ssec.4) The amendment takes effect on the later of the following days— the day when the advice or notice is given to the holder; the day of effect advised or stated in the notice.\n(sec.62-ssec.5) The effect of the amendment does not depend on the amendment being noted on the permit.\n(sec.62-ssec.6) If the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision— for a camping or vehicle access permit—advise the holder of the decision; or for an organised event or commercial activity permit—give the holder an information notice about the decision.\n- (a) accompanied by the fee prescribed under a regulation; and\n- (b) if the application relates to an organised event or commercial activity permit—made in writing.\n- (a) for a camping or vehicle access permit—advise the holder of the amendment; or\n- (b) for an organised event or commercial activity permit—give the holder written notice of the amendment.\n- (a) the day when the advice or notice is given to the holder;\n- (b) the day of effect advised or stated in the notice.\n- (a) for a camping or vehicle access permit—advise the holder of the decision; or\n- (b) for an organised event or commercial activity permit—give the holder an information notice about the decision.","sortOrder":94},{"sectionNumber":"sec.63","sectionType":"section","heading":"Other amendments (other than immediately)","content":"### sec.63 Other amendments (other than immediately)\n\nThe chief executive may amend a permit—\nif the chief executive reasonably believes—\nthe permit was obtained because of incorrect or misleading information; or\nthe holder has contravened a condition of the permit; or\nfor a commercial activity permit—the holder is no longer a suitable person to hold the permit; or\nfor a joint permission permit—a related permission for the permit has been, or is about to be—\namended to an extent that is no longer consistent with the permit; or\nreplaced with another permission that is not consistent with the permit; or\nsuspended or cancelled; or\nthe amendment is necessary having regard to the purpose of this Act; or\nif the holder has failed to—\npay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or\ngive the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or\nif the holder is convicted of an offence against this Act or the repealed Act; or\nto secure the safety of a person or a person’s property; or\nto conserve or protect the cultural or natural resources of the recreation area; or\nif the permit relates to an area that has been declared as a restricted access area or an area closed to the public.\nIf the chief executive proposes to make the amendment and the address of the holder is shown on the permit, the chief executive must give the holder a notice stating each of the following—\nthe proposed amendment;\nthe ground for the proposed amendment;\nan outline of the facts and circumstances forming the basis for the ground;\nan invitation to make representations, within a stated period, about why the proposed amendment should not be made.\nIf the permit is an organised event or commercial activity permit—\nthe notice must be in writing; and\nthe stated period must be at least 20 business days after the notice is given; and\nthe representations must be in writing.\nThe chief executive may amend the permit, if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made—\nin the way stated in the notice; or\nin another way, having regard to the representations.\nIf the chief executive amends the permit, the chief executive must—\nfor a camping or vehicle access permit—advise the holder of the amendment; or\nfor an organised event or commercial activity permit—give the holder an information notice about the decision.\nThe amendment takes effect on the later of the following days—\nthe day when the advice or information notice is given to the holder;\nthe day of effect stated in the advice or information notice.\nThe effect of the amendment does not depend on the amendment being noted on the permit.\nIf the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision—\nfor a camping or vehicle access permit—advise the holder of the decision; or\nfor an organised event or commercial activity permit—give the holder written notice of the decision.\ns 63 amd 2014 No. 63 s 22\n(sec.63-ssec.1) The chief executive may amend a permit— if the chief executive reasonably believes— the permit was obtained because of incorrect or misleading information; or the holder has contravened a condition of the permit; or for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or for a joint permission permit—a related permission for the permit has been, or is about to be— amended to an extent that is no longer consistent with the permit; or replaced with another permission that is not consistent with the permit; or suspended or cancelled; or the amendment is necessary having regard to the purpose of this Act; or if the holder has failed to— pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or if the holder is convicted of an offence against this Act or the repealed Act; or to secure the safety of a person or a person’s property; or to conserve or protect the cultural or natural resources of the recreation area; or if the permit relates to an area that has been declared as a restricted access area or an area closed to the public.\n(sec.63-ssec.2) If the chief executive proposes to make the amendment and the address of the holder is shown on the permit, the chief executive must give the holder a notice stating each of the following— the proposed amendment; the ground for the proposed amendment; an outline of the facts and circumstances forming the basis for the ground; an invitation to make representations, within a stated period, about why the proposed amendment should not be made.\n(sec.63-ssec.3) If the permit is an organised event or commercial activity permit— the notice must be in writing; and the stated period must be at least 20 business days after the notice is given; and the representations must be in writing.\n(sec.63-ssec.4) The chief executive may amend the permit, if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made— in the way stated in the notice; or in another way, having regard to the representations.\n(sec.63-ssec.5) If the chief executive amends the permit, the chief executive must— for a camping or vehicle access permit—advise the holder of the amendment; or for an organised event or commercial activity permit—give the holder an information notice about the decision.\n(sec.63-ssec.6) The amendment takes effect on the later of the following days— the day when the advice or information notice is given to the holder; the day of effect stated in the advice or information notice.\n(sec.63-ssec.7) The effect of the amendment does not depend on the amendment being noted on the permit.\n(sec.63-ssec.8) If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision— for a camping or vehicle access permit—advise the holder of the decision; or for an organised event or commercial activity permit—give the holder written notice of the decision.\n- (a) if the chief executive reasonably believes— (i) the permit was obtained because of incorrect or misleading information; or (ii) the holder has contravened a condition of the permit; or (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or (v) the amendment is necessary having regard to the purpose of this Act; or\n- (i) the permit was obtained because of incorrect or misleading information; or\n- (ii) the holder has contravened a condition of the permit; or\n- (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or\n- (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or\n- (A) amended to an extent that is no longer consistent with the permit; or\n- (B) replaced with another permission that is not consistent with the permit; or\n- (C) suspended or cancelled; or\n- (v) the amendment is necessary having regard to the purpose of this Act; or\n- (b) if the holder has failed to— (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or\n- (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or\n- (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or\n- (c) if the holder is convicted of an offence against this Act or the repealed Act; or\n- (d) to secure the safety of a person or a person’s property; or\n- (e) to conserve or protect the cultural or natural resources of the recreation area; or\n- (f) if the permit relates to an area that has been declared as a restricted access area or an area closed to the public.\n- (i) the permit was obtained because of incorrect or misleading information; or\n- (ii) the holder has contravened a condition of the permit; or\n- (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or\n- (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or\n- (A) amended to an extent that is no longer consistent with the permit; or\n- (B) replaced with another permission that is not consistent with the permit; or\n- (C) suspended or cancelled; or\n- (v) the amendment is necessary having regard to the purpose of this Act; or\n- (A) amended to an extent that is no longer consistent with the permit; or\n- (B) replaced with another permission that is not consistent with the permit; or\n- (C) suspended or cancelled; or\n- (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or\n- (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or\n- (a) the proposed amendment;\n- (b) the ground for the proposed amendment;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) an invitation to make representations, within a stated period, about why the proposed amendment should not be made.\n- (a) the notice must be in writing; and\n- (b) the stated period must be at least 20 business days after the notice is given; and\n- (c) the representations must be in writing.\n- (a) in the way stated in the notice; or\n- (b) in another way, having regard to the representations.\n- (a) for a camping or vehicle access permit—advise the holder of the amendment; or\n- (b) for an organised event or commercial activity permit—give the holder an information notice about the decision.\n- (a) the day when the advice or information notice is given to the holder;\n- (b) the day of effect stated in the advice or information notice.\n- (a) for a camping or vehicle access permit—advise the holder of the decision; or\n- (b) for an organised event or commercial activity permit—give the holder written notice of the decision.","sortOrder":95},{"sectionNumber":"sec.64","sectionType":"section","heading":"Immediate amendment or suspension of permits for safety or conservation","content":"### sec.64 Immediate amendment or suspension of permits for safety or conservation\n\nThis section applies if the chief executive reasonably believes a permit should be amended or suspended—\nto secure the safety of a person or a person’s property; or\nbecause of a fire or other natural disaster; or\nto conserve or protect the cultural or natural resources of the recreation area to which the permit applies.\nThe chief executive may, verbally or by signs, advise the permit holder that—\nthe permit is taken to be amended in the way the chief executive advises; or\nthe permit is suspended, to the extent the chief executive advises.\nIf the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the holder is advised of the amendment or suspension and continues until the chief executive advises that the chief executive is satisfied the reason for the amendment or suspension no longer exists.\nThe effect of the amendment does not depend on the amendment being noted on the permit.\nThe chief executive must as soon as practicable put a notice on the department’s website advising when the amendment or suspension no longer applies.\nIn this section—\nsign includes a sign erected—\nat or near a usual access point to the recreation area; or\nin a position that would normally be seen by a person accessing the area.\n(sec.64-ssec.1) This section applies if the chief executive reasonably believes a permit should be amended or suspended— to secure the safety of a person or a person’s property; or because of a fire or other natural disaster; or to conserve or protect the cultural or natural resources of the recreation area to which the permit applies.\n(sec.64-ssec.2) The chief executive may, verbally or by signs, advise the permit holder that— the permit is taken to be amended in the way the chief executive advises; or the permit is suspended, to the extent the chief executive advises.\n(sec.64-ssec.3) If the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the holder is advised of the amendment or suspension and continues until the chief executive advises that the chief executive is satisfied the reason for the amendment or suspension no longer exists.\n(sec.64-ssec.4) The effect of the amendment does not depend on the amendment being noted on the permit.\n(sec.64-ssec.5) The chief executive must as soon as practicable put a notice on the department’s website advising when the amendment or suspension no longer applies.\n(sec.64-ssec.6) In this section— sign includes a sign erected— at or near a usual access point to the recreation area; or in a position that would normally be seen by a person accessing the area.\n- (a) to secure the safety of a person or a person’s property; or\n- (b) because of a fire or other natural disaster; or\n- (c) to conserve or protect the cultural or natural resources of the recreation area to which the permit applies.\n- (a) the permit is taken to be amended in the way the chief executive advises; or\n- (b) the permit is suspended, to the extent the chief executive advises.\n- (a) at or near a usual access point to the recreation area; or\n- (b) in a position that would normally be seen by a person accessing the area.","sortOrder":96},{"sectionNumber":"sec.65","sectionType":"section","heading":"Cancelling a permit or suspending a permit (other than immediately)","content":"### sec.65 Cancelling a permit or suspending a permit (other than immediately)\n\nThe chief executive may cancel a permit or suspend a permit other than immediately—\nfor a reason mentioned in section 64 ; or\nif the chief executive reasonably believes—\nthe permit was obtained because of incorrect or misleading information; or\nthe permit holder has contravened a condition of the permit; or\nfor a commercial activity permit—the holder is no longer a suitable person to hold the permit; or\nfor a joint permission permit—a related permission for the permit has been, or is about to be—\namended to an extent that is no longer consistent with the permit; or\nreplaced with another permission that is not consistent with the permit; or\nsuspended or cancelled; or\nif the holder of the permit has failed to—\npay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or\ngive the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or\nif the holder is convicted of an offence against this Act or the repealed Act.\nThe chief executive may take action (the proposed action ) under subsection (1) by giving the holder of the permit a notice stating each of the following—\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is suspension of the permit—the proposed suspension period;\nan invitation to make representations, within a stated period, about why the proposed action should not be taken.\nIf the permit is an organised event or commercial activity permit—\nthe notice must be in writing; and\nthe stated period must not be less than 20 business days after the notice is given; and\nthe representations must be in writing.\nIf, after considering any representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—\nif the proposed action was to suspend the permit—to suspend it for not longer than the proposed suspension period; or\nif the proposed action was to cancel the permit—either to cancel it or to suspend it for a period.\nIf the chief executive decides to suspend or cancel the permit, the chief executive must—\nfor a camping or vehicle access permit—advise the holder of the action taken; or\nfor an organised event or commercial activity permit—give the holder an information notice about the decision.\nA decision to suspend or cancel the permit takes effect on the later of the following days—\nthe day when the advice or information notice is given to the holder;\nthe day of effect stated in the advice or information notice.\nIf the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision—\nfor a camping or vehicle access permit—advise the holder of the decision; or\nfor an organised event or commercial activity permit—give the holder written notice of the decision.\ns 65 amd 2014 No. 63 s 23\n(sec.65-ssec.1) The chief executive may cancel a permit or suspend a permit other than immediately— for a reason mentioned in section 64 ; or if the chief executive reasonably believes— the permit was obtained because of incorrect or misleading information; or the permit holder has contravened a condition of the permit; or for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or for a joint permission permit—a related permission for the permit has been, or is about to be— amended to an extent that is no longer consistent with the permit; or replaced with another permission that is not consistent with the permit; or suspended or cancelled; or if the holder of the permit has failed to— pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or if the holder is convicted of an offence against this Act or the repealed Act.\n(sec.65-ssec.2) The chief executive may take action (the proposed action ) under subsection (1) by giving the holder of the permit a notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the permit—the proposed suspension period; an invitation to make representations, within a stated period, about why the proposed action should not be taken.\n(sec.65-ssec.3) If the permit is an organised event or commercial activity permit— the notice must be in writing; and the stated period must not be less than 20 business days after the notice is given; and the representations must be in writing.\n(sec.65-ssec.4) If, after considering any representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to suspend the permit—to suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the permit—either to cancel it or to suspend it for a period.\n(sec.65-ssec.5) If the chief executive decides to suspend or cancel the permit, the chief executive must— for a camping or vehicle access permit—advise the holder of the action taken; or for an organised event or commercial activity permit—give the holder an information notice about the decision.\n(sec.65-ssec.6) A decision to suspend or cancel the permit takes effect on the later of the following days— the day when the advice or information notice is given to the holder; the day of effect stated in the advice or information notice.\n(sec.65-ssec.7) If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision— for a camping or vehicle access permit—advise the holder of the decision; or for an organised event or commercial activity permit—give the holder written notice of the decision.\n- (a) for a reason mentioned in section 64 ; or\n- (b) if the chief executive reasonably believes— (i) the permit was obtained because of incorrect or misleading information; or (ii) the permit holder has contravened a condition of the permit; or (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or\n- (i) the permit was obtained because of incorrect or misleading information; or\n- (ii) the permit holder has contravened a condition of the permit; or\n- (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or\n- (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or\n- (A) amended to an extent that is no longer consistent with the permit; or\n- (B) replaced with another permission that is not consistent with the permit; or\n- (C) suspended or cancelled; or\n- (c) if the holder of the permit has failed to— (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or\n- (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or\n- (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or\n- (d) if the holder is convicted of an offence against this Act or the repealed Act.\n- (i) the permit was obtained because of incorrect or misleading information; or\n- (ii) the permit holder has contravened a condition of the permit; or\n- (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or\n- (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or\n- (A) amended to an extent that is no longer consistent with the permit; or\n- (B) replaced with another permission that is not consistent with the permit; or\n- (C) suspended or cancelled; or\n- (A) amended to an extent that is no longer consistent with the permit; or\n- (B) replaced with another permission that is not consistent with the permit; or\n- (C) suspended or cancelled; or\n- (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or\n- (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or\n- (a) the proposed action;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is suspension of the permit—the proposed suspension period;\n- (e) an invitation to make representations, within a stated period, about why the proposed action should not be taken.\n- (a) the notice must be in writing; and\n- (b) the stated period must not be less than 20 business days after the notice is given; and\n- (c) the representations must be in writing.\n- (a) if the proposed action was to suspend the permit—to suspend it for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the permit—either to cancel it or to suspend it for a period.\n- (a) for a camping or vehicle access permit—advise the holder of the action taken; or\n- (b) for an organised event or commercial activity permit—give the holder an information notice about the decision.\n- (a) the day when the advice or information notice is given to the holder;\n- (b) the day of effect stated in the advice or information notice.\n- (a) for a camping or vehicle access permit—advise the holder of the decision; or\n- (b) for an organised event or commercial activity permit—give the holder written notice of the decision.","sortOrder":97},{"sectionNumber":"sec.66","sectionType":"section","heading":"Surrendering permits","content":"### sec.66 Surrendering permits\n\nThe holder of a permit may surrender it by returning it and giving written notice of surrender to the chief executive.\nA permit surrendered under subsection (1) no longer has effect from—\nthe day for surrender stated in the notice; or\nif paragraph (a) does not apply—the day the notice is received.\n(sec.66-ssec.1) The holder of a permit may surrender it by returning it and giving written notice of surrender to the chief executive.\n(sec.66-ssec.2) A permit surrendered under subsection (1) no longer has effect from— the day for surrender stated in the notice; or if paragraph (a) does not apply—the day the notice is received.\n- (a) the day for surrender stated in the notice; or\n- (b) if paragraph (a) does not apply—the day the notice is received.","sortOrder":98},{"sectionNumber":"sec.67","sectionType":"section","heading":"Replacing permits","content":"### sec.67 Replacing permits\n\nA permit holder may apply to the chief executive for the replacement of a damaged, destroyed, lost, or stolen permit.\nThe application must be made in writing and be accompanied by the fee prescribed under a regulation.\nThe chief executive must grant the application if the chief executive is satisfied the permit has been—\ndamaged in a way that requires its replacement; or\ndestroyed, lost, or stolen.\nIf the chief executive grants the application, the chief executive must issue another permit to the holder to replace the damaged, destroyed, lost, or stolen permit.\n(sec.67-ssec.1) A permit holder may apply to the chief executive for the replacement of a damaged, destroyed, lost, or stolen permit.\n(sec.67-ssec.2) The application must be made in writing and be accompanied by the fee prescribed under a regulation.\n(sec.67-ssec.3) The chief executive must grant the application if the chief executive is satisfied the permit has been— damaged in a way that requires its replacement; or destroyed, lost, or stolen.\n(sec.67-ssec.4) If the chief executive grants the application, the chief executive must issue another permit to the holder to replace the damaged, destroyed, lost, or stolen permit.\n- (a) damaged in a way that requires its replacement; or\n- (b) destroyed, lost, or stolen.","sortOrder":99},{"sectionNumber":"sec.68","sectionType":"section","heading":"Permits generally not transferable","content":"### sec.68 Permits generally not transferable\n\nA permit, other than a joint permission permit, is not transferable.\ns 68 sub 2014 No. 63 s 24","sortOrder":100},{"sectionNumber":"pt.5","sectionType":"part","heading":"Commercial activity agreements for recreation areas","content":"# Commercial activity agreements for recreation areas","sortOrder":101},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":102},{"sectionNumber":"sec.69","sectionType":"section","heading":"Chief executive may enter into commercial activity agreement","content":"### sec.69 Chief executive may enter into commercial activity agreement\n\nThe chief executive may, for the State, enter into an agreement (a commercial activity agreement ) with a person authorising the person to conduct a commercial activity in a recreation area.\nThe chief executive may enter into the agreement in any 1 or more of the following ways—\nby using an expression of interest process under division 2 for entering into the agreement;\nby using an application process under division 3 for entering into the agreement;\nby entering into the agreement with the holder of a commercial activity permit for the activity for the area.\nThe commercial activity agreement may be combined with either or both of the following—\na commercial activity agreement entered into with the person under the Nature Conservation Act 1992 ;\na commercial activity agreement entered into with the person under the Marine Parks Act 2004 .\ns 69 amd 2013 No. 55 s 92\n(sec.69-ssec.1) The chief executive may, for the State, enter into an agreement (a commercial activity agreement ) with a person authorising the person to conduct a commercial activity in a recreation area.\n(sec.69-ssec.2) The chief executive may enter into the agreement in any 1 or more of the following ways— by using an expression of interest process under division 2 for entering into the agreement; by using an application process under division 3 for entering into the agreement; by entering into the agreement with the holder of a commercial activity permit for the activity for the area.\n(sec.69-ssec.3) The commercial activity agreement may be combined with either or both of the following— a commercial activity agreement entered into with the person under the Nature Conservation Act 1992 ; a commercial activity agreement entered into with the person under the Marine Parks Act 2004 .\n- (a) by using an expression of interest process under division 2 for entering into the agreement;\n- (b) by using an application process under division 3 for entering into the agreement;\n- (c) by entering into the agreement with the holder of a commercial activity permit for the activity for the area.\n- (a) a commercial activity agreement entered into with the person under the Nature Conservation Act 1992 ;\n- (b) a commercial activity agreement entered into with the person under the Marine Parks Act 2004 .","sortOrder":103},{"sectionNumber":"sec.70","sectionType":"section","heading":"Restrictions on entering into commercial activity agreement","content":"### sec.70 Restrictions on entering into commercial activity agreement\n\nA commercial activity agreement must be consistent with this Act and the management intent for the recreation area it concerns.\nAlso, a commercial activity agreement must not—\ncreate an interest in land in a recreation area; or\nauthorise the carrying out of major earthworks, or the installation of a permanent structure, in a recreation area.\nSections 50 , 52 , 53 and 56 apply for the chief executive when entering into a commercial activity agreement as if—\na reference in those sections to a permit or the application were a reference to a commercial activity agreement; and\na reference in those sections to the applicant were a reference to the person seeking to enter into the agreement with the chief executive.\nIn this section—\nmajor earthworks means earthworks that cause a major disturbance to the cultural or natural resources of a recreation area.\nconstruction of a road, drainage channels\ns 70 amd 2021 No. 11 s 26\n(sec.70-ssec.1) A commercial activity agreement must be consistent with this Act and the management intent for the recreation area it concerns.\n(sec.70-ssec.2) Also, a commercial activity agreement must not— create an interest in land in a recreation area; or authorise the carrying out of major earthworks, or the installation of a permanent structure, in a recreation area.\n(sec.70-ssec.3) Sections 50 , 52 , 53 and 56 apply for the chief executive when entering into a commercial activity agreement as if— a reference in those sections to a permit or the application were a reference to a commercial activity agreement; and a reference in those sections to the applicant were a reference to the person seeking to enter into the agreement with the chief executive.\n(sec.70-ssec.4) In this section— major earthworks means earthworks that cause a major disturbance to the cultural or natural resources of a recreation area. construction of a road, drainage channels\n- (a) create an interest in land in a recreation area; or\n- (b) authorise the carrying out of major earthworks, or the installation of a permanent structure, in a recreation area.\n- (a) a reference in those sections to a permit or the application were a reference to a commercial activity agreement; and\n- (b) a reference in those sections to the applicant were a reference to the person seeking to enter into the agreement with the chief executive.","sortOrder":104},{"sectionNumber":"sec.71","sectionType":"section","heading":"Content of commercial activity agreements","content":"### sec.71 Content of commercial activity agreements\n\nA commercial activity agreement must be written and must include each of the following details—\nthe name of the recreation area it concerns;\nthe date the agreement is entered into;\nits term;\nthe name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN;\nthe person’s place of business;\nthe activities authorised under the agreement;\nany conditions of the agreement;\nthe amount payable to the State under the agreement, or a way of working out the amount.\nSubsection (1) does not limit the matters that may be included in the agreement.\nThe parties to the agreement may amend it at any time.\n(sec.71-ssec.1) A commercial activity agreement must be written and must include each of the following details— the name of the recreation area it concerns; the date the agreement is entered into; its term; the name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN; the person’s place of business; the activities authorised under the agreement; any conditions of the agreement; the amount payable to the State under the agreement, or a way of working out the amount.\n(sec.71-ssec.2) Subsection (1) does not limit the matters that may be included in the agreement.\n(sec.71-ssec.3) The parties to the agreement may amend it at any time.\n- (a) the name of the recreation area it concerns;\n- (b) the date the agreement is entered into;\n- (c) its term;\n- (d) the name of the person with whom it is entered into and, if the person is a corporation, its ABN or ACN;\n- (e) the person’s place of business;\n- (f) the activities authorised under the agreement;\n- (g) any conditions of the agreement;\n- (h) the amount payable to the State under the agreement, or a way of working out the amount.","sortOrder":105},{"sectionNumber":"sec.72","sectionType":"section","heading":"Mandatory conditions of commercial activity agreements","content":"### sec.72 Mandatory conditions of commercial activity agreements\n\nThis section applies if the chief executive reasonably believes a commercial activity agreement should be subject to a condition that will assist in achieving the purpose of this Act (a recreation management condition ).\nThe chief executive must not enter into the agreement unless—\nthe agreement is made subject to the condition; and\nthe agreement identifies the condition as a recreation management condition and states that a breach of the condition is an offence against this Act.\n(sec.72-ssec.1) This section applies if the chief executive reasonably believes a commercial activity agreement should be subject to a condition that will assist in achieving the purpose of this Act (a recreation management condition ).\n(sec.72-ssec.2) The chief executive must not enter into the agreement unless— the agreement is made subject to the condition; and the agreement identifies the condition as a recreation management condition and states that a breach of the condition is an offence against this Act.\n- (a) the agreement is made subject to the condition; and\n- (b) the agreement identifies the condition as a recreation management condition and states that a breach of the condition is an offence against this Act.","sortOrder":106},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Expression of interest process","content":"## Expression of interest process","sortOrder":107},{"sectionNumber":"sec.73","sectionType":"section","heading":"Application of div 2","content":"### sec.73 Application of div 2\n\nThis division applies if the chief executive uses an expression of interest process for entering into a commercial activity agreement for conducting a commercial activity in a recreation area.","sortOrder":108},{"sectionNumber":"sec.74","sectionType":"section","heading":"Invitation for submissions","content":"### sec.74 Invitation for submissions\n\nThe chief executive may invite expressions of interest for a commercial activity agreement for the activity for the area from—\nonly the holders of a commercial activity permit for the activity for the area; or\nthe members of the public the chief executive reasonably believes would be interested in submitting an expression of interest for the agreement.\nThe invitation must be made in the way the chief executive considers appropriate having regard to the need to ensure the invitees—\nare made aware that the process is being conducted; and\nhave enough time to make an appropriate submission.\nThe invitation must state the following—\nthe commercial activity and the recreation area that will be the subject of the agreement;\nif the commercial activity is a prescribed commercial activity for the area—\nthat the commercial activity is a prescribed commercial activity for the area; and\nthat, under section 111 (2) , a person may only conduct the prescribed commercial activity in the area under a commercial activity agreement;\nif the expression of interest process is only open to the holders of a commercial activity permit for the activity for the area—that only those holders may submit an expression of interest for the agreement;\nhow the expression of interest may be submitted to the chief executive;\nthe day and time by which the expression of interest must be submitted to the chief executive;\nthat a fee prescribed under a regulation is payable for submitting the expression of interest;\nthat details of each of the following are available at a stated place—\nthe matters the chief executive will consider to decide whether to enter into the agreement;\nany proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.\n(sec.74-ssec.1) The chief executive may invite expressions of interest for a commercial activity agreement for the activity for the area from— only the holders of a commercial activity permit for the activity for the area; or the members of the public the chief executive reasonably believes would be interested in submitting an expression of interest for the agreement.\n(sec.74-ssec.2) The invitation must be made in the way the chief executive considers appropriate having regard to the need to ensure the invitees— are made aware that the process is being conducted; and have enough time to make an appropriate submission.\n(sec.74-ssec.3) The invitation must state the following— the commercial activity and the recreation area that will be the subject of the agreement; if the commercial activity is a prescribed commercial activity for the area— that the commercial activity is a prescribed commercial activity for the area; and that, under section 111 (2) , a person may only conduct the prescribed commercial activity in the area under a commercial activity agreement; if the expression of interest process is only open to the holders of a commercial activity permit for the activity for the area—that only those holders may submit an expression of interest for the agreement; how the expression of interest may be submitted to the chief executive; the day and time by which the expression of interest must be submitted to the chief executive; that a fee prescribed under a regulation is payable for submitting the expression of interest; that details of each of the following are available at a stated place— the matters the chief executive will consider to decide whether to enter into the agreement; any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.\n- (a) only the holders of a commercial activity permit for the activity for the area; or\n- (b) the members of the public the chief executive reasonably believes would be interested in submitting an expression of interest for the agreement.\n- (a) are made aware that the process is being conducted; and\n- (b) have enough time to make an appropriate submission.\n- (a) the commercial activity and the recreation area that will be the subject of the agreement;\n- (b) if the commercial activity is a prescribed commercial activity for the area— (i) that the commercial activity is a prescribed commercial activity for the area; and (ii) that, under section 111 (2) , a person may only conduct the prescribed commercial activity in the area under a commercial activity agreement;\n- (i) that the commercial activity is a prescribed commercial activity for the area; and\n- (ii) that, under section 111 (2) , a person may only conduct the prescribed commercial activity in the area under a commercial activity agreement;\n- (c) if the expression of interest process is only open to the holders of a commercial activity permit for the activity for the area—that only those holders may submit an expression of interest for the agreement;\n- (d) how the expression of interest may be submitted to the chief executive;\n- (e) the day and time by which the expression of interest must be submitted to the chief executive;\n- (f) that a fee prescribed under a regulation is payable for submitting the expression of interest;\n- (g) that details of each of the following are available at a stated place— (i) the matters the chief executive will consider to decide whether to enter into the agreement; (ii) any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.\n- (i) the matters the chief executive will consider to decide whether to enter into the agreement;\n- (ii) any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.\n- (i) that the commercial activity is a prescribed commercial activity for the area; and\n- (ii) that, under section 111 (2) , a person may only conduct the prescribed commercial activity in the area under a commercial activity agreement;\n- (i) the matters the chief executive will consider to decide whether to enter into the agreement;\n- (ii) any proposed conditions of the agreement that are likely to impact on the conducting of the activity under the agreement.","sortOrder":109},{"sectionNumber":"sec.75","sectionType":"section","heading":"Requirements for submissions","content":"### sec.75 Requirements for submissions\n\nAn expression of interest for a commercial activity agreement must be—\nin writing; and\naccompanied by the fee prescribed under a regulation; and\nsubmitted in the way, and by the day and time, stated in the invitation under section 74 .\n- (a) in writing; and\n- (b) accompanied by the fee prescribed under a regulation; and\n- (c) submitted in the way, and by the day and time, stated in the invitation under section 74 .","sortOrder":110},{"sectionNumber":"sec.76","sectionType":"section","heading":"Requirements for process of deciding","content":"### sec.76 Requirements for process of deciding\n\nSubject to section 70 (3) , any process the chief executive considers appropriate may be used to decide which expressions of interest should be further negotiated toward a commercial activity agreement.\nWithout limiting subsection (1) , in considering an expression of interest, the chief executive must have regard to—\nthe matters the chief executive must have regard to for considering an application for a commercial activity permit; and\nany other matter the chief executive reasonably considers relevant.\n(sec.76-ssec.1) Subject to section 70 (3) , any process the chief executive considers appropriate may be used to decide which expressions of interest should be further negotiated toward a commercial activity agreement.\n(sec.76-ssec.2) Without limiting subsection (1) , in considering an expression of interest, the chief executive must have regard to— the matters the chief executive must have regard to for considering an application for a commercial activity permit; and any other matter the chief executive reasonably considers relevant.\n- (a) the matters the chief executive must have regard to for considering an application for a commercial activity permit; and\n- (b) any other matter the chief executive reasonably considers relevant.","sortOrder":111},{"sectionNumber":"sec.77","sectionType":"section","heading":"Chief executive may request further information","content":"### sec.77 Chief executive may request further information\n\nWithout limiting section 76 (1) , the chief executive may also, by written notice, ask the submitter to give the chief executive further reasonable information by the date, not less than 20 business days after the submitter receives the notice, stated in the notice.\nIf the submitter does not, without reasonable excuse, give the chief executive the further information by the stated day—\nthe submission is taken to have been withdrawn; and\nthe chief executive must give the submitter a written notice stating that—\nunder this section the submission is taken to be withdrawn; and\nthe submitter may make a new submission.\nHowever, the chief executive may extend the period for the submitter to give the further information.\ns 77 amd 2007 No. 36 s 2 sch\n(sec.77-ssec.1) Without limiting section 76 (1) , the chief executive may also, by written notice, ask the submitter to give the chief executive further reasonable information by the date, not less than 20 business days after the submitter receives the notice, stated in the notice.\n(sec.77-ssec.2) If the submitter does not, without reasonable excuse, give the chief executive the further information by the stated day— the submission is taken to have been withdrawn; and the chief executive must give the submitter a written notice stating that— under this section the submission is taken to be withdrawn; and the submitter may make a new submission.\n(sec.77-ssec.3) However, the chief executive may extend the period for the submitter to give the further information.\n- (a) the submission is taken to have been withdrawn; and\n- (b) the chief executive must give the submitter a written notice stating that— (i) under this section the submission is taken to be withdrawn; and (ii) the submitter may make a new submission.\n- (i) under this section the submission is taken to be withdrawn; and\n- (ii) the submitter may make a new submission.\n- (i) under this section the submission is taken to be withdrawn; and\n- (ii) the submitter may make a new submission.","sortOrder":112},{"sectionNumber":"sec.78","sectionType":"section","heading":"Amending the submission","content":"### sec.78 Amending the submission\n\nIf the chief executive agrees, the submitter may amend the submission before the chief executive has finished considering it.","sortOrder":113},{"sectionNumber":"sec.79","sectionType":"section","heading":"Notice to unsuccessful submitters","content":"### sec.79 Notice to unsuccessful submitters\n\nThe chief executive must, within 14 days after making a decision under section 76 , give each unsuccessful submitter a written notice about the decision.","sortOrder":114},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Application process","content":"## Application process","sortOrder":115},{"sectionNumber":"sec.80","sectionType":"section","heading":"Application of div 3","content":"### sec.80 Application of div 3\n\nThis division applies if the chief executive uses an application process for entering into a commercial activity agreement for conducting a commercial activity in a recreation area.","sortOrder":116},{"sectionNumber":"sec.81","sectionType":"section","heading":"Applying for commercial activity agreement","content":"### sec.81 Applying for commercial activity agreement\n\nA person may apply to the chief executive for a commercial activity agreement for conducting a commercial activity in recreation area.\nThe application must be—\nin writing; and\naccompanied by the fee prescribed under a regulation.\n(sec.81-ssec.1) A person may apply to the chief executive for a commercial activity agreement for conducting a commercial activity in recreation area.\n(sec.81-ssec.2) The application must be— in writing; and accompanied by the fee prescribed under a regulation.\n- (a) in writing; and\n- (b) accompanied by the fee prescribed under a regulation.","sortOrder":117},{"sectionNumber":"sec.82","sectionType":"section","heading":"Matters to be considered for application","content":"### sec.82 Matters to be considered for application\n\nIn considering the application, the chief executive must have regard to—\nthe matters the chief executive must have regard to for considering an application for a commercial activity permit; and\nany other matter the chief executive reasonably considers relevant.\n- (a) the matters the chief executive must have regard to for considering an application for a commercial activity permit; and\n- (b) any other matter the chief executive reasonably considers relevant.","sortOrder":118},{"sectionNumber":"sec.83","sectionType":"section","heading":"Chief executive may request further information","content":"### sec.83 Chief executive may request further information\n\nThe chief executive may, by written notice, ask the applicant to give the chief executive further reasonable information by the date, not less than 20 business days after the applicant receives the notice, stated in the notice.\nIf the applicant does not, without reasonable excuse, give the chief executive the further information by the stated day—\nthe application is taken to have been withdrawn; and\nthe chief executive must give the applicant written notice stating that—\nunder this section the application is taken to be withdrawn; and\nthe applicant may make a new application.\nHowever, the chief executive may extend the period for the applicant to give the further information.\n(sec.83-ssec.1) The chief executive may, by written notice, ask the applicant to give the chief executive further reasonable information by the date, not less than 20 business days after the applicant receives the notice, stated in the notice.\n(sec.83-ssec.2) If the applicant does not, without reasonable excuse, give the chief executive the further information by the stated day— the application is taken to have been withdrawn; and the chief executive must give the applicant written notice stating that— under this section the application is taken to be withdrawn; and the applicant may make a new application.\n(sec.83-ssec.3) However, the chief executive may extend the period for the applicant to give the further information.\n- (a) the application is taken to have been withdrawn; and\n- (b) the chief executive must give the applicant written notice stating that— (i) under this section the application is taken to be withdrawn; and (ii) the applicant may make a new application.\n- (i) under this section the application is taken to be withdrawn; and\n- (ii) the applicant may make a new application.\n- (i) under this section the application is taken to be withdrawn; and\n- (ii) the applicant may make a new application.","sortOrder":119},{"sectionNumber":"sec.84","sectionType":"section","heading":"Amending the application","content":"### sec.84 Amending the application\n\nIf the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it.","sortOrder":120},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application of s 51 to commercial activity agreements","content":"### sec.85 Application of s 51 to commercial activity agreements\n\nSection 51 applies for the chief executive when considering the grant of an application for a commercial activity agreement as if—\na reference in section 51 to a permit were a reference to a commercial activity agreement; and\na reference in section 51 to the applicant were a reference to the person seeking to enter into the agreement with the chief executive.\n- (a) a reference in section 51 to a permit were a reference to a commercial activity agreement; and\n- (b) a reference in section 51 to the applicant were a reference to the person seeking to enter into the agreement with the chief executive.","sortOrder":121},{"sectionNumber":"sec.86","sectionType":"section","heading":"Negotiating application for commercial activity agreement","content":"### sec.86 Negotiating application for commercial activity agreement\n\nThe chief executive must consider each application for a commercial activity agreement and decide—\nto negotiate the signing of a commercial activity agreement for the application; or\nto refuse to negotiate the signing of a commercial activity agreement for the application.\nThe chief executive must give the applicant written notice of the decision within 10 business days of making the decision.\nIf the decision is a refusal under subsection (1) (b) , the notice must be an information notice.\n(sec.86-ssec.1) The chief executive must consider each application for a commercial activity agreement and decide— to negotiate the signing of a commercial activity agreement for the application; or to refuse to negotiate the signing of a commercial activity agreement for the application.\n(sec.86-ssec.2) The chief executive must give the applicant written notice of the decision within 10 business days of making the decision.\n(sec.86-ssec.3) If the decision is a refusal under subsection (1) (b) , the notice must be an information notice.\n- (a) to negotiate the signing of a commercial activity agreement for the application; or\n- (b) to refuse to negotiate the signing of a commercial activity agreement for the application.","sortOrder":122},{"sectionNumber":"sec.87","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.87 Steps to be taken after application decided\n\nIf, after negotiation, the chief executive decides to enter into a commercial activity agreement, the chief executive must, as soon as practicable after making the decision, enter into the agreement with the applicant.\nIf, after negotiation, the chief executive decides to refuse to enter into a commercial activity agreement, the chief executive must, within 10 business days after making the decision, give the applicant an information notice for the decision.\n(sec.87-ssec.1) If, after negotiation, the chief executive decides to enter into a commercial activity agreement, the chief executive must, as soon as practicable after making the decision, enter into the agreement with the applicant.\n(sec.87-ssec.2) If, after negotiation, the chief executive decides to refuse to enter into a commercial activity agreement, the chief executive must, within 10 business days after making the decision, give the applicant an information notice for the decision.","sortOrder":123},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Requirements applying to and nature of agreements","content":"## Requirements applying to and nature of agreements","sortOrder":124},{"sectionNumber":"sec.88","sectionType":"section","heading":"Term and review of commercial activity agreements","content":"### sec.88 Term and review of commercial activity agreements\n\nA commercial activity agreement must not be for a term longer than 15 years from the day the agreement commences.\nHowever, the agreement may allow for the term of the agreement to be extended at any time, so long as the term of the agreement is not, at any time, longer than 15 years.\nThe agreement may also provide for—\nreviews of the agreement to be conducted at stated intervals; and\nthe matters to be considered at the review.\ns 88 amd 2011 No. 6 s 127\n(sec.88-ssec.1) A commercial activity agreement must not be for a term longer than 15 years from the day the agreement commences.\n(sec.88-ssec.2) However, the agreement may allow for the term of the agreement to be extended at any time, so long as the term of the agreement is not, at any time, longer than 15 years.\n(sec.88-ssec.3) The agreement may also provide for— reviews of the agreement to be conducted at stated intervals; and the matters to be considered at the review.\n- (a) reviews of the agreement to be conducted at stated intervals; and\n- (b) the matters to be considered at the review.","sortOrder":125},{"sectionNumber":"sec.89","sectionType":"section","heading":"Nature of commercial activity agreements","content":"### sec.89 Nature of commercial activity agreements\n\nA commercial activity agreement—\nauthorises the party to the agreement other than the chief executive (the other party for the agreement) to conduct, subject to the conditions stated in the agreement, the commercial activity stated in the agreement in the recreation area, or the part of the recreation area, stated in the agreement; and\nmay be transferred in the way mentioned in division 6 .\n- (a) authorises the party to the agreement other than the chief executive (the other party for the agreement) to conduct, subject to the conditions stated in the agreement, the commercial activity stated in the agreement in the recreation area, or the part of the recreation area, stated in the agreement; and\n- (b) may be transferred in the way mentioned in division 6 .","sortOrder":126},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Amendment, termination and suspension of agreement by chief executive","content":"## Amendment, termination and suspension of agreement by chief executive","sortOrder":127},{"sectionNumber":"sec.90","sectionType":"section","heading":"Immediate amendment or suspension of commercial activity agreements for safety or conservation","content":"### sec.90 Immediate amendment or suspension of commercial activity agreements for safety or conservation\n\nThis section applies if the chief executive reasonably believes a commercial activity agreement should be amended or the authorisation under it suspended—\nto secure the safety of a person or a person’s property; or\nbecause of a fire or other natural disaster; or\nto conserve or protect the cultural or natural resources of the recreation area to which the agreement applies.\nThe chief executive may, verbally or by signs, advise the other party to the agreement that—\nthe agreement is taken to be amended in the way the chief executive advises; or\nthe authorisation under the agreement is suspended, to the extent the chief executive advises.\nIf the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the other party is advised of the amendment or suspension and continues until the chief executive advises that the chief executive is satisfied the reason for the amendment or suspension no longer exists.\nThe effect of the amendment does not depend on the amendment being noted on the agreement.\nThe chief executive must as soon as practicable put a notice on the department’s website advising when the amendment or suspension no longer applies.\nIn this section—\nsign includes a sign erected—\nat or near a usual access point to the recreation area; or\nin a position that would normally be seen by a person accessing the area.\n(sec.90-ssec.1) This section applies if the chief executive reasonably believes a commercial activity agreement should be amended or the authorisation under it suspended— to secure the safety of a person or a person’s property; or because of a fire or other natural disaster; or to conserve or protect the cultural or natural resources of the recreation area to which the agreement applies.\n(sec.90-ssec.2) The chief executive may, verbally or by signs, advise the other party to the agreement that— the agreement is taken to be amended in the way the chief executive advises; or the authorisation under the agreement is suspended, to the extent the chief executive advises.\n(sec.90-ssec.3) If the chief executive acts under subsection (2) , the amendment or suspension takes effect immediately after the other party is advised of the amendment or suspension and continues until the chief executive advises that the chief executive is satisfied the reason for the amendment or suspension no longer exists.\n(sec.90-ssec.4) The effect of the amendment does not depend on the amendment being noted on the agreement.\n(sec.90-ssec.5) The chief executive must as soon as practicable put a notice on the department’s website advising when the amendment or suspension no longer applies.\n(sec.90-ssec.6) In this section— sign includes a sign erected— at or near a usual access point to the recreation area; or in a position that would normally be seen by a person accessing the area.\n- (a) to secure the safety of a person or a person’s property; or\n- (b) because of a fire or other natural disaster; or\n- (c) to conserve or protect the cultural or natural resources of the recreation area to which the agreement applies.\n- (a) the agreement is taken to be amended in the way the chief executive advises; or\n- (b) the authorisation under the agreement is suspended, to the extent the chief executive advises.\n- (a) at or near a usual access point to the recreation area; or\n- (b) in a position that would normally be seen by a person accessing the area.","sortOrder":128},{"sectionNumber":"sec.91","sectionType":"section","heading":"Amending commercial activity agreements (other than immediately)","content":"### sec.91 Amending commercial activity agreements (other than immediately)\n\nThe chief executive may amend a commercial activity agreement other than immediately—\nif the chief executive reasonably believes—\nthe agreement was obtained because of incorrect or misleading information; or\nthe other party to the agreement has contravened a condition of the agreement; or\nthe other party to the agreement is no longer a suitable person to be a party to the agreement; or\nthe amendment is necessary having regard to the purpose of this Act; or\nif the other party to the agreement is convicted of an offence against this Act or the repealed Act; or\nto secure the safety of a person or a person’s property; or\nto conserve or protect the cultural or natural resources of the recreation area to which the agreement applies; or\nif the agreement relates to an area that has been declared as a restricted access area or an area closed to the public.\nIf the chief executive decides to make the amendment, the chief executive may give the other party to the agreement a written notice stating each of the following—\nthe proposed amendment;\nthe ground for the proposed amendment;\nan outline of the facts and circumstances forming the basis for the ground;\nan invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\nThe chief executive may amend the agreement, if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made—\nin the way stated in the notice; or\nin another way, having regard to the representations.\nIf the chief executive amends the agreement, the chief executive must give the other party an information notice about the decision.\nThe amendment takes effect on the later of the following days—\nthe day when the information notice is given to the other party;\nthe day of effect stated in the information notice.\nThe effect of the amendment does not depend on the amendment being noted on the agreement.\nIf the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the other party written notice of the decision.\n(sec.91-ssec.1) The chief executive may amend a commercial activity agreement other than immediately— if the chief executive reasonably believes— the agreement was obtained because of incorrect or misleading information; or the other party to the agreement has contravened a condition of the agreement; or the other party to the agreement is no longer a suitable person to be a party to the agreement; or the amendment is necessary having regard to the purpose of this Act; or if the other party to the agreement is convicted of an offence against this Act or the repealed Act; or to secure the safety of a person or a person’s property; or to conserve or protect the cultural or natural resources of the recreation area to which the agreement applies; or if the agreement relates to an area that has been declared as a restricted access area or an area closed to the public.\n(sec.91-ssec.2) If the chief executive decides to make the amendment, the chief executive may give the other party to the agreement a written notice stating each of the following— the proposed amendment; the ground for the proposed amendment; an outline of the facts and circumstances forming the basis for the ground; an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\n(sec.91-ssec.3) The chief executive may amend the agreement, if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made— in the way stated in the notice; or in another way, having regard to the representations.\n(sec.91-ssec.4) If the chief executive amends the agreement, the chief executive must give the other party an information notice about the decision.\n(sec.91-ssec.5) The amendment takes effect on the later of the following days— the day when the information notice is given to the other party; the day of effect stated in the information notice.\n(sec.91-ssec.6) The effect of the amendment does not depend on the amendment being noted on the agreement.\n(sec.91-ssec.7) If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision give the other party written notice of the decision.\n- (a) if the chief executive reasonably believes— (i) the agreement was obtained because of incorrect or misleading information; or (ii) the other party to the agreement has contravened a condition of the agreement; or (iii) the other party to the agreement is no longer a suitable person to be a party to the agreement; or (iv) the amendment is necessary having regard to the purpose of this Act; or\n- (i) the agreement was obtained because of incorrect or misleading information; or\n- (ii) the other party to the agreement has contravened a condition of the agreement; or\n- (iii) the other party to the agreement is no longer a suitable person to be a party to the agreement; or\n- (iv) the amendment is necessary having regard to the purpose of this Act; or\n- (b) if the other party to the agreement is convicted of an offence against this Act or the repealed Act; or\n- (c) to secure the safety of a person or a person’s property; or\n- (d) to conserve or protect the cultural or natural resources of the recreation area to which the agreement applies; or\n- (e) if the agreement relates to an area that has been declared as a restricted access area or an area closed to the public.\n- (i) the agreement was obtained because of incorrect or misleading information; or\n- (ii) the other party to the agreement has contravened a condition of the agreement; or\n- (iii) the other party to the agreement is no longer a suitable person to be a party to the agreement; or\n- (iv) the amendment is necessary having regard to the purpose of this Act; or\n- (a) the proposed amendment;\n- (b) the ground for the proposed amendment;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed amendment should not be made.\n- (a) in the way stated in the notice; or\n- (b) in another way, having regard to the representations.\n- (a) the day when the information notice is given to the other party;\n- (b) the day of effect stated in the information notice.","sortOrder":129},{"sectionNumber":"sec.92","sectionType":"section","heading":"Cancelling commercial activity agreements or suspending authorisations under agreements (other than immediately)","content":"### sec.92 Cancelling commercial activity agreements or suspending authorisations under agreements (other than immediately)\n\nThe chief executive may cancel a commercial activity agreement or suspend the authorisation under the agreement other than immediately—\nfor a reason mentioned in section 90 (1) ; or\nif the chief executive reasonably believes—\nthe agreement was obtained because of incorrect or misleading information; or\nthe other party to the agreement has contravened a condition of the agreement; or\nthe other party to the agreement is no longer a suitable person to be a party to the agreement; or\nif the other party to the agreement is convicted of an offence against this Act; or\nif the chief executive reasonably believes the activities being conducted under the agreement are having an unacceptable impact on—\nthe conservation of cultural or natural resources of the recreation area to which it applies; or\nthe amenity of the recreation area to which it applies and areas adjacent to the area; or\nif the chief executive reasonably believes the activities being conducted under the agreement are threatening public health or safety; or\nif the chief executive reasonably believes the cancellation or suspension is necessary to ensure the fair and equitable access to the area.\nenvironmental factors have affected the availability of public access to a recreation area to which the commercial activity agreement applies and the agreement currently restricts the remaining access to the area\n- (a) for a reason mentioned in section 90 (1) ; or\n- (b) if the chief executive reasonably believes— (i) the agreement was obtained because of incorrect or misleading information; or (ii) the other party to the agreement has contravened a condition of the agreement; or (iii) the other party to the agreement is no longer a suitable person to be a party to the agreement; or\n- (i) the agreement was obtained because of incorrect or misleading information; or\n- (ii) the other party to the agreement has contravened a condition of the agreement; or\n- (iii) the other party to the agreement is no longer a suitable person to be a party to the agreement; or\n- (c) if the other party to the agreement is convicted of an offence against this Act; or\n- (d) if the chief executive reasonably believes the activities being conducted under the agreement are having an unacceptable impact on— (i) the conservation of cultural or natural resources of the recreation area to which it applies; or (ii) the amenity of the recreation area to which it applies and areas adjacent to the area; or\n- (i) the conservation of cultural or natural resources of the recreation area to which it applies; or\n- (ii) the amenity of the recreation area to which it applies and areas adjacent to the area; or\n- (e) if the chief executive reasonably believes the activities being conducted under the agreement are threatening public health or safety; or\n- (f) if the chief executive reasonably believes the cancellation or suspension is necessary to ensure the fair and equitable access to the area. Example for paragraph (f) — environmental factors have affected the availability of public access to a recreation area to which the commercial activity agreement applies and the agreement currently restricts the remaining access to the area\n- (i) the agreement was obtained because of incorrect or misleading information; or\n- (ii) the other party to the agreement has contravened a condition of the agreement; or\n- (iii) the other party to the agreement is no longer a suitable person to be a party to the agreement; or\n- (i) the conservation of cultural or natural resources of the recreation area to which it applies; or\n- (ii) the amenity of the recreation area to which it applies and areas adjacent to the area; or","sortOrder":130},{"sectionNumber":"sec.93","sectionType":"section","heading":"Process for cancelling or suspending under s 92","content":"### sec.93 Process for cancelling or suspending under s 92\n\nThe chief executive may take action (the proposed action ) under section 92 by giving the other party to the agreement a written notice stating each of the following—\nthe proposed action;\nthe ground for the proposed action;\nan outline of the facts and circumstances forming the basis for the ground;\nif the proposed action is suspension of the agreement—the proposed suspension period;\nan invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\nIf, after considering any representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide—\nif the proposed action was to suspend the authorisation under the agreement—to suspend the authorisation for not longer than the proposed suspension period; or\nif the proposed action was to cancel the agreement—either to cancel it or to suspend the authorisation under it for a period.\nIf the chief executive decides to cancel or suspend the authorisation under the agreement, the chief executive must give the other party to the agreement an information notice about the decision.\nA decision to cancel or suspend the authorisation under the agreement takes effect on the later of the following days—\nthe day when the information notice is given to the other party to the agreement;\nthe day of effect stated in the information notice.\nIf the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the other party to the agreement written notice of the decision.\nDespite subsections (3) and (4) , if the authorisation under a commercial activity agreement is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.\nAlso, despite subsections (3) and (4) , if a commercial activity agreement is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.\n(sec.93-ssec.1) The chief executive may take action (the proposed action ) under section 92 by giving the other party to the agreement a written notice stating each of the following— the proposed action; the ground for the proposed action; an outline of the facts and circumstances forming the basis for the ground; if the proposed action is suspension of the agreement—the proposed suspension period; an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\n(sec.93-ssec.2) If, after considering any representations made within the stated period, the chief executive still considers the ground to take the proposed action exists, the chief executive may decide— if the proposed action was to suspend the authorisation under the agreement—to suspend the authorisation for not longer than the proposed suspension period; or if the proposed action was to cancel the agreement—either to cancel it or to suspend the authorisation under it for a period.\n(sec.93-ssec.3) If the chief executive decides to cancel or suspend the authorisation under the agreement, the chief executive must give the other party to the agreement an information notice about the decision.\n(sec.93-ssec.4) A decision to cancel or suspend the authorisation under the agreement takes effect on the later of the following days— the day when the information notice is given to the other party to the agreement; the day of effect stated in the information notice.\n(sec.93-ssec.5) If the chief executive decides not to take the proposed action, the chief executive must as soon as practicable after making the decision give the other party to the agreement written notice of the decision.\n(sec.93-ssec.6) Despite subsections (3) and (4) , if the authorisation under a commercial activity agreement is suspended because of the conviction of a person for an offence and the conviction is quashed, the suspension period ends on the day the conviction is quashed.\n(sec.93-ssec.7) Also, despite subsections (3) and (4) , if a commercial activity agreement is cancelled because of the conviction of a person for an offence and the conviction is quashed, the cancellation has no further effect.\n- (a) the proposed action;\n- (b) the ground for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the ground;\n- (d) if the proposed action is suspension of the agreement—the proposed suspension period;\n- (e) an invitation to make written representations, within a stated period of at least 20 business days after the notice is given, about why the proposed action should not be taken.\n- (a) if the proposed action was to suspend the authorisation under the agreement—to suspend the authorisation for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the agreement—either to cancel it or to suspend the authorisation under it for a period.\n- (a) the day when the information notice is given to the other party to the agreement;\n- (b) the day of effect stated in the information notice.","sortOrder":131},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Transfer of authorisations under commercial activity agreements","content":"## Transfer of authorisations under commercial activity agreements","sortOrder":132},{"sectionNumber":"sec.94","sectionType":"section","heading":"Application to transfer authorisation under commercial activity agreement","content":"### sec.94 Application to transfer authorisation under commercial activity agreement\n\nThe other party to a commercial activity agreement (the seller ) may transfer the authorisation under the agreement to another person (the buyer ).\nThe seller and the buyer must apply to the chief executive to—\napprove the transfer; and\nif the chief executive approves the transfer, give effect to the transfer under this division.\n(sec.94-ssec.1) The other party to a commercial activity agreement (the seller ) may transfer the authorisation under the agreement to another person (the buyer ).\n(sec.94-ssec.2) The seller and the buyer must apply to the chief executive to— approve the transfer; and if the chief executive approves the transfer, give effect to the transfer under this division.\n- (a) approve the transfer; and\n- (b) if the chief executive approves the transfer, give effect to the transfer under this division.","sortOrder":133},{"sectionNumber":"sec.95","sectionType":"section","heading":"Approval or non approval of transfer","content":"### sec.95 Approval or non approval of transfer\n\nThe chief executive may approve the transfer only if the chief executive is satisfied the buyer is a suitable person for the commercial activity the subject of the authorisation.\nIf the chief executive refuses to approve the transfer, the chief executive must give the seller and buyer an information notice for the decision.\n(sec.95-ssec.1) The chief executive may approve the transfer only if the chief executive is satisfied the buyer is a suitable person for the commercial activity the subject of the authorisation.\n(sec.95-ssec.2) If the chief executive refuses to approve the transfer, the chief executive must give the seller and buyer an information notice for the decision.","sortOrder":134},{"sectionNumber":"sec.96","sectionType":"section","heading":"Giving effect to transfer","content":"### sec.96 Giving effect to transfer\n\nThis section applies if—\nthe chief executive approves the transfer; and\nthe fee prescribed under a regulation for amending a commercial activity agreement to give effect to the transfer has been paid; and\nif the buyer has to enter into a commercial activity agreement with the chief executive—the fee prescribed under a regulation for an application for the commercial activity agreement has been paid; and\nall fees payable by the seller under the seller’s commercial activity agreement have been paid.\nIf the seller transfers all of the authorisation under the agreement, the chief executive must give effect to the transfer by cancelling the seller’s agreement and—\nif the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or\nif the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for conducting the commercial activity the subject of the authorisation.\nIf the seller transfers only part of the authorisation under the agreement, the chief executive must give effect to the transfer by amending the seller’s commercial activity agreement to reflect the transfer and—\nif the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or\nif the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.\n(sec.96-ssec.1) This section applies if— the chief executive approves the transfer; and the fee prescribed under a regulation for amending a commercial activity agreement to give effect to the transfer has been paid; and if the buyer has to enter into a commercial activity agreement with the chief executive—the fee prescribed under a regulation for an application for the commercial activity agreement has been paid; and all fees payable by the seller under the seller’s commercial activity agreement have been paid.\n(sec.96-ssec.2) If the seller transfers all of the authorisation under the agreement, the chief executive must give effect to the transfer by cancelling the seller’s agreement and— if the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or if the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for conducting the commercial activity the subject of the authorisation.\n(sec.96-ssec.3) If the seller transfers only part of the authorisation under the agreement, the chief executive must give effect to the transfer by amending the seller’s commercial activity agreement to reflect the transfer and— if the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or if the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.\n- (a) the chief executive approves the transfer; and\n- (b) the fee prescribed under a regulation for amending a commercial activity agreement to give effect to the transfer has been paid; and\n- (c) if the buyer has to enter into a commercial activity agreement with the chief executive—the fee prescribed under a regulation for an application for the commercial activity agreement has been paid; and\n- (d) all fees payable by the seller under the seller’s commercial activity agreement have been paid.\n- (a) if the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or\n- (b) if the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for conducting the commercial activity the subject of the authorisation.\n- (a) if the buyer is the other party to another commercial activity agreement—amending the other agreement to reflect the transfer; or\n- (b) if the buyer is not the other party to another commercial activity agreement—entering into, with the buyer, a commercial activity agreement for the conducting of the commercial activity the subject of the authorisation.","sortOrder":135},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"General provisions about commercial activity agreements","content":"## General provisions about commercial activity agreements","sortOrder":136},{"sectionNumber":"sec.97","sectionType":"section","heading":"Declaration of prescribed commercial activity","content":"### sec.97 Declaration of prescribed commercial activity\n\nThe chief executive may, by public notice, declare a commercial activity to be a prescribed commercial activity for a recreation area.\nThe notice must state the following—\nthe stated commercial activity is a prescribed commercial activity for the stated recreation area;\nthat, under section 111 (2) , a person may conduct the prescribed commercial activity in the area only under a commercial activity agreement;\nhow the person may obtain further information about entering into a commercial activity agreement for the conducting of the prescribed commercial activity in the area.\nThe chief executive must also publish the notice on the department’s website.\nIn deciding whether to make the declaration, the chief executive must have regard to the following—\nthe purpose of this Act;\nthe orderly and proper management of the area;\nthe conservation of the cultural and natural resources of the area;\nthe existing use and amenity, and the future or desirable use and amenity, of the recreation area, and areas adjacent to the recreation area, including the likely cumulative effect of the proposed use and other uses on the area;\nthe likely contributions that potential parties to commercial activity agreements applying to the recreation area will make to the management of the area, including for example, contributions to the conservation and presentation of the values of the area.\n(sec.97-ssec.1) The chief executive may, by public notice, declare a commercial activity to be a prescribed commercial activity for a recreation area.\n(sec.97-ssec.2) The notice must state the following— the stated commercial activity is a prescribed commercial activity for the stated recreation area; that, under section 111 (2) , a person may conduct the prescribed commercial activity in the area only under a commercial activity agreement; how the person may obtain further information about entering into a commercial activity agreement for the conducting of the prescribed commercial activity in the area.\n(sec.97-ssec.3) The chief executive must also publish the notice on the department’s website.\n(sec.97-ssec.4) In deciding whether to make the declaration, the chief executive must have regard to the following— the purpose of this Act; the orderly and proper management of the area; the conservation of the cultural and natural resources of the area; the existing use and amenity, and the future or desirable use and amenity, of the recreation area, and areas adjacent to the recreation area, including the likely cumulative effect of the proposed use and other uses on the area; the likely contributions that potential parties to commercial activity agreements applying to the recreation area will make to the management of the area, including for example, contributions to the conservation and presentation of the values of the area.\n- (a) the stated commercial activity is a prescribed commercial activity for the stated recreation area;\n- (b) that, under section 111 (2) , a person may conduct the prescribed commercial activity in the area only under a commercial activity agreement;\n- (c) how the person may obtain further information about entering into a commercial activity agreement for the conducting of the prescribed commercial activity in the area.\n- (a) the purpose of this Act;\n- (b) the orderly and proper management of the area;\n- (c) the conservation of the cultural and natural resources of the area;\n- (d) the existing use and amenity, and the future or desirable use and amenity, of the recreation area, and areas adjacent to the recreation area, including the likely cumulative effect of the proposed use and other uses on the area;\n- (e) the likely contributions that potential parties to commercial activity agreements applying to the recreation area will make to the management of the area, including for example, contributions to the conservation and presentation of the values of the area.","sortOrder":137},{"sectionNumber":"sec.98","sectionType":"section","heading":"Commercial activity agreement taken to be authorisation under other Acts","content":"### sec.98 Commercial activity agreement taken to be authorisation under other Acts\n\nA commercial activity agreement authorising an activity in a recreation area is, for the Nature Conservation Act 1992 and the Forestry Act 1959 , taken to be an authorisation permitting the activity in the area under those Acts.","sortOrder":138},{"sectionNumber":"pt.6","sectionType":"part","heading":"Regulatory and other notices and restricted access areas","content":"# Regulatory and other notices and restricted access areas","sortOrder":139},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Regulatory and other notices","content":"## Regulatory and other notices","sortOrder":140},{"sectionNumber":"sec.99","sectionType":"section","heading":"Regulatory notices","content":"### sec.99 Regulatory notices\n\nThis section applies for an activity that—\nrelates to a public health and safety act; or\nunder this Act may be authorised, regulated or prohibited by a regulatory notice.\nThe chief executive may erect or display a notice (a regulatory notice ) in, at or near the entrance to a recreation area or part of the area to which the notice relates.\nIf the chief executive erects a regulatory notice, the notice must—\nbe easily visible to passers-by; and\nspecify the limits of the area to which the notice applies; and\nstate the activity to which it applies and how the activity is authorised, regulated or prohibited.\nThe notice may expressly state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\n(sec.99-ssec.1) This section applies for an activity that— relates to a public health and safety act; or under this Act may be authorised, regulated or prohibited by a regulatory notice.\n(sec.99-ssec.2) The chief executive may erect or display a notice (a regulatory notice ) in, at or near the entrance to a recreation area or part of the area to which the notice relates.\n(sec.99-ssec.3) If the chief executive erects a regulatory notice, the notice must— be easily visible to passers-by; and specify the limits of the area to which the notice applies; and state the activity to which it applies and how the activity is authorised, regulated or prohibited.\n(sec.99-ssec.4) The notice may expressly state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\n- (a) relates to a public health and safety act; or\n- (b) under this Act may be authorised, regulated or prohibited by a regulatory notice.\n- (a) be easily visible to passers-by; and\n- (b) specify the limits of the area to which the notice applies; and\n- (c) state the activity to which it applies and how the activity is authorised, regulated or prohibited.","sortOrder":141},{"sectionNumber":"sec.100","sectionType":"section","heading":"Regulatory information notices","content":"### sec.100 Regulatory information notices\n\nThis section applies if a regulatory notice for a recreation area or part of the area does not expressly state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\nThe chief executive must erect or display in, at or near an entrance to the recreation area, or the part of the area, to which the regulatory notice relates, and other places the chief executive considers appropriate, a notice (a regulatory information notice ) expressly stating—\nthat a contravention of a requirement of the regulatory notice is an offence against this Act; and\nthe penalty for the offence.\nThe regulatory information notice must be easily visible to passers-by.\nThe regulatory information notice may contain other information about the recreation area the chief executive considers appropriate.\n(sec.100-ssec.1) This section applies if a regulatory notice for a recreation area or part of the area does not expressly state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\n(sec.100-ssec.2) The chief executive must erect or display in, at or near an entrance to the recreation area, or the part of the area, to which the regulatory notice relates, and other places the chief executive considers appropriate, a notice (a regulatory information notice ) expressly stating— that a contravention of a requirement of the regulatory notice is an offence against this Act; and the penalty for the offence.\n(sec.100-ssec.3) The regulatory information notice must be easily visible to passers-by.\n(sec.100-ssec.4) The regulatory information notice may contain other information about the recreation area the chief executive considers appropriate.\n- (a) that a contravention of a requirement of the regulatory notice is an offence against this Act; and\n- (b) the penalty for the offence.","sortOrder":142},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Restricted access areas","content":"## Restricted access areas","sortOrder":143},{"sectionNumber":"sec.101","sectionType":"section","heading":"Immediate declaration of restricted access area","content":"### sec.101 Immediate declaration of restricted access area\n\nThe chief executive may declare all or part of a recreation area to be a restricted access area by erecting or displaying a notice (a restricted access area notice ) in, at or near an entrance to the restricted access area.\nThe chief executive may make the declaration only if the chief executive considers that access to, or activity in, the restricted access area should immediately be restricted or prohibited—\nto secure the safety of a person or a person’s property; or\nbecause of a fire or other natural disaster; or\nto conserve or protect the cultural or natural resources of the recreation area or native wildlife.\nThe restricted access area notice must—\nbe easily visible to passers-by; and\nspecify the limits of the area to which the notice applies; and\nstate how access to, or activity in, the area is restricted or prohibited; and\nstate that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\nWhen the notice is erected or displayed, the chief executive—\nmust publish a copy of the notice on the department’s website; and\nmay publish the notice in other ways the chief executive considers appropriate.\nIf the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must remove the restricted access area notice as soon as practicable.\n(sec.101-ssec.1) The chief executive may declare all or part of a recreation area to be a restricted access area by erecting or displaying a notice (a restricted access area notice ) in, at or near an entrance to the restricted access area.\n(sec.101-ssec.2) The chief executive may make the declaration only if the chief executive considers that access to, or activity in, the restricted access area should immediately be restricted or prohibited— to secure the safety of a person or a person’s property; or because of a fire or other natural disaster; or to conserve or protect the cultural or natural resources of the recreation area or native wildlife.\n(sec.101-ssec.3) The restricted access area notice must— be easily visible to passers-by; and specify the limits of the area to which the notice applies; and state how access to, or activity in, the area is restricted or prohibited; and state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\n(sec.101-ssec.4) When the notice is erected or displayed, the chief executive— must publish a copy of the notice on the department’s website; and may publish the notice in other ways the chief executive considers appropriate.\n(sec.101-ssec.5) If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must remove the restricted access area notice as soon as practicable.\n- (a) to secure the safety of a person or a person’s property; or\n- (b) because of a fire or other natural disaster; or\n- (c) to conserve or protect the cultural or natural resources of the recreation area or native wildlife.\n- (a) be easily visible to passers-by; and\n- (b) specify the limits of the area to which the notice applies; and\n- (c) state how access to, or activity in, the area is restricted or prohibited; and\n- (d) state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.\n- (a) must publish a copy of the notice on the department’s website; and\n- (b) may publish the notice in other ways the chief executive considers appropriate.","sortOrder":144},{"sectionNumber":"sec.102","sectionType":"section","heading":"Declaration of restricted access area (other than immediately)","content":"### sec.102 Declaration of restricted access area (other than immediately)\n\nA regulation may, for a purpose mentioned in subsection (2) declare—\nall or part of a recreation area to be a restricted access area; or\nan area that is under section 101 a restricted access area to continue to be a restricted access area under this section.\nThe following are purposes for subsection (1) —\nthe conservation of the cultural or natural resources of the area, including, for example—\nto protect significant cultural or natural resources; or\nto enable the restoration or rehabilitation of the area or part; or\nto protect a breeding area for native wildlife; or\nto manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or\nto manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom;\nprotection of individuals from potential danger;\nprotection of a facility or service in the area, including, for example, infrastructure, water supply facilities or power generating equipment;\nprotection of the amenity of an area adjacent to the area;\nthe orderly or proper management of the area.\nThe regulation may be made only after the consultation process mentioned in section 103 has been completed for the declaration.\nThe declaration has effect—\non the day stated in the regulation; or\nif no day is stated in the regulation—on the day the regulation is notified.\nThe chief executive must, as soon as possible after the declaration has effect, erect or display a restricted access area notice in, at or near an entrance to the restricted access area.\nSection 101 (3) and (4) applies for the notice.\nIn this section—\nsignificant Aboriginal area see the Aboriginal Cultural Heritage Act 2003 , section 9 .\nsignificant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003 , section 9 .\ns 102 amd 2013 No. 39 s 110 (2) sch 3 pt 2\n(sec.102-ssec.1) A regulation may, for a purpose mentioned in subsection (2) declare— all or part of a recreation area to be a restricted access area; or an area that is under section 101 a restricted access area to continue to be a restricted access area under this section.\n(sec.102-ssec.2) The following are purposes for subsection (1) — the conservation of the cultural or natural resources of the area, including, for example— to protect significant cultural or natural resources; or to enable the restoration or rehabilitation of the area or part; or to protect a breeding area for native wildlife; or to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or to manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom; protection of individuals from potential danger; protection of a facility or service in the area, including, for example, infrastructure, water supply facilities or power generating equipment; protection of the amenity of an area adjacent to the area; the orderly or proper management of the area.\n(sec.102-ssec.3) The regulation may be made only after the consultation process mentioned in section 103 has been completed for the declaration.\n(sec.102-ssec.4) The declaration has effect— on the day stated in the regulation; or if no day is stated in the regulation—on the day the regulation is notified.\n(sec.102-ssec.5) The chief executive must, as soon as possible after the declaration has effect, erect or display a restricted access area notice in, at or near an entrance to the restricted access area.\n(sec.102-ssec.6) Section 101 (3) and (4) applies for the notice.\n(sec.102-ssec.7) In this section— significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003 , section 9 . significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003 , section 9 .\n- (a) all or part of a recreation area to be a restricted access area; or\n- (b) an area that is under section 101 a restricted access area to continue to be a restricted access area under this section.\n- (a) the conservation of the cultural or natural resources of the area, including, for example— (i) to protect significant cultural or natural resources; or (ii) to enable the restoration or rehabilitation of the area or part; or (iii) to protect a breeding area for native wildlife; or (iv) to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or (v) to manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom;\n- (i) to protect significant cultural or natural resources; or\n- (ii) to enable the restoration or rehabilitation of the area or part; or\n- (iii) to protect a breeding area for native wildlife; or\n- (iv) to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or\n- (v) to manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom;\n- (b) protection of individuals from potential danger;\n- (c) protection of a facility or service in the area, including, for example, infrastructure, water supply facilities or power generating equipment;\n- (d) protection of the amenity of an area adjacent to the area;\n- (e) the orderly or proper management of the area.\n- (i) to protect significant cultural or natural resources; or\n- (ii) to enable the restoration or rehabilitation of the area or part; or\n- (iii) to protect a breeding area for native wildlife; or\n- (iv) to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or\n- (v) to manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom;\n- (a) on the day stated in the regulation; or\n- (b) if no day is stated in the regulation—on the day the regulation is notified.","sortOrder":145},{"sectionNumber":"sec.103","sectionType":"section","heading":"Consultation with stakeholders about declarations (other than immediately)","content":"### sec.103 Consultation with stakeholders about declarations (other than immediately)\n\nThis section applies if the nature or extent of activities being conducted, or to be conducted under a commercial activity permit or a commercial activity agreement would be significantly affected by the making of a regulation under section 102 .\nThe chief executive must, give the holder of the permit or the other party to the agreement a written notice stating the following—\nconsideration is being given to the making of a regulation under section 102 ;\nthe holder or other party is invited to make written submissions, in relation to the proposed declaration.\nThe submissions must be made to the chief executive—\nat the address stated in the notice; and\nwithin the period, of at least 20 business days, stated in the notice.\nThe chief executive must consider all submissions received in response to the notice.\n(sec.103-ssec.1) This section applies if the nature or extent of activities being conducted, or to be conducted under a commercial activity permit or a commercial activity agreement would be significantly affected by the making of a regulation under section 102 .\n(sec.103-ssec.2) The chief executive must, give the holder of the permit or the other party to the agreement a written notice stating the following— consideration is being given to the making of a regulation under section 102 ; the holder or other party is invited to make written submissions, in relation to the proposed declaration.\n(sec.103-ssec.3) The submissions must be made to the chief executive— at the address stated in the notice; and within the period, of at least 20 business days, stated in the notice.\n(sec.103-ssec.4) The chief executive must consider all submissions received in response to the notice.\n- (a) consideration is being given to the making of a regulation under section 102 ;\n- (b) the holder or other party is invited to make written submissions, in relation to the proposed declaration.\n- (a) at the address stated in the notice; and\n- (b) within the period, of at least 20 business days, stated in the notice.","sortOrder":146},{"sectionNumber":"sec.104","sectionType":"section","heading":"When declarations end","content":"### sec.104 When declarations end\n\nA declaration made under section 101 for a restricted access area ends on the day the earlier of the following happens—\nthe chief executive removes the restricted access area notice for the area;\n6 months after the notice was erected or displayed.\nA declaration made under section 102 for a restricted access area ends on the day the declaration is revoked.\nIf under subsection (1) (b) or (2) a declaration ends, the chief executive must remove the restricted access area notice for the restricted access area as soon as practicable.\nWhen a restricted access area notice for a restricted access area is removed, the chief executive—\nmust remove the copy of the notice on the department’s website; and\nmust publish notice of the removal in the same way the chief executive published the notice under section 101 (4) .\n(sec.104-ssec.1) A declaration made under section 101 for a restricted access area ends on the day the earlier of the following happens— the chief executive removes the restricted access area notice for the area; 6 months after the notice was erected or displayed.\n(sec.104-ssec.2) A declaration made under section 102 for a restricted access area ends on the day the declaration is revoked.\n(sec.104-ssec.3) If under subsection (1) (b) or (2) a declaration ends, the chief executive must remove the restricted access area notice for the restricted access area as soon as practicable.\n(sec.104-ssec.4) When a restricted access area notice for a restricted access area is removed, the chief executive— must remove the copy of the notice on the department’s website; and must publish notice of the removal in the same way the chief executive published the notice under section 101 (4) .\n- (a) the chief executive removes the restricted access area notice for the area;\n- (b) 6 months after the notice was erected or displayed.\n- (a) must remove the copy of the notice on the department’s website; and\n- (b) must publish notice of the removal in the same way the chief executive published the notice under section 101 (4) .","sortOrder":147},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Effect of notices","content":"## Effect of notices","sortOrder":148},{"sectionNumber":"sec.105","sectionType":"section","heading":"Restricted access area notices and regulatory notices prevail over permits, agreements, or authorities","content":"### sec.105 Restricted access area notices and regulatory notices prevail over permits, agreements, or authorities\n\nIf there is an inconsistency between a restricted access area notice or a regulatory notice and any of the following, the notice prevails to the extent of the inconsistency—\na permit;\na commercial activity agreement;\nan authority issued under this or another Act.\n- (a) a permit;\n- (b) a commercial activity agreement;\n- (c) an authority issued under this or another Act.","sortOrder":149},{"sectionNumber":"pt.7","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":150},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Access to, using and conduct in recreation areas","content":"## Access to, using and conduct in recreation areas","sortOrder":151},{"sectionNumber":"sec.106","sectionType":"section","heading":"Unlawfully entering restricted access area","content":"### sec.106 Unlawfully entering restricted access area\n\nA person must not enter or remain in a restricted access area unless the person—\nenters the area under a written approval from the chief executive; or\nenters the area under a commercial activity permit or commercial activity agreement that specifically authorises entry to the restricted access area; or\nhas a reasonable excuse.\nMaximum penalty—80 penalty units.\n- (a) enters the area under a written approval from the chief executive; or\n- (b) enters the area under a commercial activity permit or commercial activity agreement that specifically authorises entry to the restricted access area; or\n- (c) has a reasonable excuse.","sortOrder":152},{"sectionNumber":"sec.107","sectionType":"section","heading":"Failing to comply with particular regulatory notices","content":"### sec.107 Failing to comply with particular regulatory notices\n\nA person in a recreation area must comply with a regulatory notice regulating or prohibiting a public health and safety act, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":153},{"sectionNumber":"sec.108","sectionType":"section","heading":"Unlawful camping","content":"### sec.108 Unlawful camping\n\nA person must not camp in a recreation area unless authorised by a camping permit, organised event permit, commercial activity permit or commercial activity agreement.\nMaximum penalty—20 penalty units.\nHowever, subsection (1) does not apply if—\na corresponding authority authorises the person to camp in an area that is also a recreation area and the person complies with the authority and the Act under which the authority was issued; or\nthe person is camping in a vessel anchored or moored below low water mark in the area.\nThe holder of a camping permit must not allow more people to camp under the permit than the number authorised under the permit.\nMaximum penalty—20 penalty units.\nA person must not camp in a recreation area contrary to a regulatory notice.\nMaximum penalty—80 penalty units.\ns 108 amd 2014 No. 63 s 25\n(sec.108-ssec.1) A person must not camp in a recreation area unless authorised by a camping permit, organised event permit, commercial activity permit or commercial activity agreement. Maximum penalty—20 penalty units.\n(sec.108-ssec.2) However, subsection (1) does not apply if— a corresponding authority authorises the person to camp in an area that is also a recreation area and the person complies with the authority and the Act under which the authority was issued; or the person is camping in a vessel anchored or moored below low water mark in the area.\n(sec.108-ssec.3) The holder of a camping permit must not allow more people to camp under the permit than the number authorised under the permit. Maximum penalty—20 penalty units.\n(sec.108-ssec.4) A person must not camp in a recreation area contrary to a regulatory notice. Maximum penalty—80 penalty units.\n- (a) a corresponding authority authorises the person to camp in an area that is also a recreation area and the person complies with the authority and the Act under which the authority was issued; or\n- (b) the person is camping in a vessel anchored or moored below low water mark in the area.","sortOrder":154},{"sectionNumber":"sec.109","sectionType":"section","heading":"Unlawful use of motor vehicles","content":"### sec.109 Unlawful use of motor vehicles\n\nA person must not take a motor vehicle into a recreation area or drive or ride a motor vehicle in a recreation area unless the taking, driving or riding is authorised by a vehicle access permit, commercial activity permit or commercial activity agreement.\nMaximum penalty—20 penalty units.\nHowever, subsection (1) does not apply for—\nthe Inskip Peninsula recreation area; or\na recreation area or part of a recreation area prescribed under a regulation; or\nan emergency vehicle or another class of vehicle prescribed under a regulation.\nIn this section—\nemergency vehicle includes the following—\nan ambulance;\na fire-engine;\na police vehicle;\nanother vehicle, including a tow truck, helicopter or mobile crane, if used in circumstances of an emergency.\n(sec.109-ssec.1) A person must not take a motor vehicle into a recreation area or drive or ride a motor vehicle in a recreation area unless the taking, driving or riding is authorised by a vehicle access permit, commercial activity permit or commercial activity agreement. Maximum penalty—20 penalty units.\n(sec.109-ssec.2) However, subsection (1) does not apply for— the Inskip Peninsula recreation area; or a recreation area or part of a recreation area prescribed under a regulation; or an emergency vehicle or another class of vehicle prescribed under a regulation.\n(sec.109-ssec.3) In this section— emergency vehicle includes the following— an ambulance; a fire-engine; a police vehicle; another vehicle, including a tow truck, helicopter or mobile crane, if used in circumstances of an emergency.\n- (a) the Inskip Peninsula recreation area; or\n- (b) a recreation area or part of a recreation area prescribed under a regulation; or\n- (c) an emergency vehicle or another class of vehicle prescribed under a regulation.\n- (a) an ambulance;\n- (b) a fire-engine;\n- (c) a police vehicle;\n- (d) another vehicle, including a tow truck, helicopter or mobile crane, if used in circumstances of an emergency.","sortOrder":155},{"sectionNumber":"sec.110","sectionType":"section","heading":"Unlawful conduct of organised event","content":"### sec.110 Unlawful conduct of organised event\n\nA person must not conduct an organised event in a recreation area unless the person conducts the organised event under an organised event permit.\nMaximum penalty—50 penalty units.\ns 110 amd 2014 No. 63 s 26","sortOrder":156},{"sectionNumber":"sec.111","sectionType":"section","heading":"Unlawfully conducting commercial activity","content":"### sec.111 Unlawfully conducting commercial activity\n\nA person must not conduct a commercial activity in a recreation area unless the person is authorised to conduct the activity under—\na commercial activity permit; or\na commercial activity agreement.\nIf a commercial activity is a prescribed commercial activity for a recreation area, a person must not conduct the activity in the area except under—\na commercial activity agreement; or\na commercial activity permit that is in force when the prescribed commercial activity is declared under section 97 and is still in force.\nMaximum penalty—165 penalty units.\ns 111 amd 2011 No. 6 s 128 ; 2013 No. 55 s 93\n(sec.111-ssec.1) A person must not conduct a commercial activity in a recreation area unless the person is authorised to conduct the activity under— a commercial activity permit; or a commercial activity agreement.\n(sec.111-ssec.2) If a commercial activity is a prescribed commercial activity for a recreation area, a person must not conduct the activity in the area except under— a commercial activity agreement; or a commercial activity permit that is in force when the prescribed commercial activity is declared under section 97 and is still in force. Maximum penalty—165 penalty units.\n- (a) a commercial activity permit; or\n- (b) a commercial activity agreement.\n- (a) a commercial activity agreement; or\n- (b) a commercial activity permit that is in force when the prescribed commercial activity is declared under section 97 and is still in force.","sortOrder":157},{"sectionNumber":"sec.112","sectionType":"section","heading":"Compliance with recreation management conditions","content":"### sec.112 Compliance with recreation management conditions\n\nA person acting under a commercial activity agreement must comply with each recreation management condition of the agreement.\nMaximum penalty—80 penalty units.","sortOrder":158},{"sectionNumber":"sec.113","sectionType":"section","heading":"Unauthorised interference with cultural or natural resources","content":"### sec.113 Unauthorised interference with cultural or natural resources\n\nA person must not interfere with a cultural or natural resource of a recreation area unless the person has the chief executive’s written approval.\nMaximum penalty—165 penalty units.\nHowever, subsection (1) does not apply if a corresponding authority authorises the person to interfere with the resource in the area and the person complies with the authority and the Act under which the authority was issued.\nAlso, taking a fish in accordance with the Fisheries Act 1994 , is not interfering with a cultural or natural resource, unless the taking is prohibited in the area by another Act.\nIn this section—\ninterfere with , in relation to a cultural or natural resource, includes destroy, damage, mark, move or dig up the resource.\n(sec.113-ssec.1) A person must not interfere with a cultural or natural resource of a recreation area unless the person has the chief executive’s written approval. Maximum penalty—165 penalty units.\n(sec.113-ssec.2) However, subsection (1) does not apply if a corresponding authority authorises the person to interfere with the resource in the area and the person complies with the authority and the Act under which the authority was issued.\n(sec.113-ssec.3) Also, taking a fish in accordance with the Fisheries Act 1994 , is not interfering with a cultural or natural resource, unless the taking is prohibited in the area by another Act.\n(sec.113-ssec.4) In this section— interfere with , in relation to a cultural or natural resource, includes destroy, damage, mark, move or dig up the resource.","sortOrder":159},{"sectionNumber":"sec.114","sectionType":"section","heading":"Unauthorised structures and works","content":"### sec.114 Unauthorised structures and works\n\nA person must not erect or keep a structure, other than a camping structure under a camping permit, or carry out works in a recreation area—\nwithout the chief executive’s written approval; or\nin contravention of the approval.\nMaximum penalty—165 penalty units.\nHowever, subsection (1) does not apply if a corresponding authority authorises the person to erect or keep the structure or carry out the works in the area and the person complies with the authority and the Act under which the authority was issued.\nAlso, subsection (1) does not apply to a tripod, or a portable hide large enough to shelter only one person, that is used for conducting a prescribed filming or photography activity.\nIn this section—\nprescribed filming or photography activity means an activity consisting of only filming or photography if no more than 2 people are involved in conducting the activity.\ns 114 amd 2011 No. 6 s 129\n(sec.114-ssec.1) A person must not erect or keep a structure, other than a camping structure under a camping permit, or carry out works in a recreation area— without the chief executive’s written approval; or in contravention of the approval. Maximum penalty—165 penalty units.\n(sec.114-ssec.2) However, subsection (1) does not apply if a corresponding authority authorises the person to erect or keep the structure or carry out the works in the area and the person complies with the authority and the Act under which the authority was issued.\n(sec.114-ssec.3) Also, subsection (1) does not apply to a tripod, or a portable hide large enough to shelter only one person, that is used for conducting a prescribed filming or photography activity.\n(sec.114-ssec.4) In this section— prescribed filming or photography activity means an activity consisting of only filming or photography if no more than 2 people are involved in conducting the activity.\n- (a) without the chief executive’s written approval; or\n- (b) in contravention of the approval.","sortOrder":160},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Fires","content":"## Fires","sortOrder":161},{"sectionNumber":"sec.115","sectionType":"section","heading":"Unlawful lighting of fires","content":"### sec.115 Unlawful lighting of fires\n\nA person must not, at any time, light, keep or use a fire on a beach adjoining a lake in a recreation area.\nMaximum penalty—80 penalty units.\nA person must not light, keep or use a fire, or a type of fire, in a recreation area, or part of a recreation area, if lighting, keeping or using a fire, or the type of fire, is prohibited, in the area or part, by—\na regulatory notice; or\na condition of a permit; or\nanother authority held by the person.\na fire using a material other than sawn timber\na fire using a material other than timber provided in the recreation area for making fires\nMaximum penalty—165 penalty units.\nA person must not light, keep or use a fire in a place, in a recreation area, other than—\na barbecue or fireplace provided by the chief executive; or\nif a barbecue or fireplace is not provided—a place that is more than 2m from flammable material.\nMaximum penalty—165 penalty units.\nThis section does not apply to—\na person lighting, keeping or using a fire with the written approval of the chief executive; or\na person lighting or using a specified cooking or heating appliance or lighting or smoking a smoking product if the person takes reasonable steps to ensure the lighting, using or smoking does not result in damage to—\na cultural or natural resource of the recreation area; or\nproperty, other than property owned by the person, in the recreation area.\nIn this section—\nsmoking product see the Tobacco and Other Smoking Products Act 1998 , schedule 1 .\ns 115 amd 2011 No. 6 s 130 ; 1998 No. 1 s 240 (3) (amd 2023 No. 16 s 64 )\n(sec.115-ssec.1) A person must not, at any time, light, keep or use a fire on a beach adjoining a lake in a recreation area. Maximum penalty—80 penalty units.\n(sec.115-ssec.2) A person must not light, keep or use a fire, or a type of fire, in a recreation area, or part of a recreation area, if lighting, keeping or using a fire, or the type of fire, is prohibited, in the area or part, by— a regulatory notice; or a condition of a permit; or another authority held by the person. a fire using a material other than sawn timber a fire using a material other than timber provided in the recreation area for making fires Maximum penalty—165 penalty units.\n(sec.115-ssec.3) A person must not light, keep or use a fire in a place, in a recreation area, other than— a barbecue or fireplace provided by the chief executive; or if a barbecue or fireplace is not provided—a place that is more than 2m from flammable material. Maximum penalty—165 penalty units.\n(sec.115-ssec.4) This section does not apply to— a person lighting, keeping or using a fire with the written approval of the chief executive; or a person lighting or using a specified cooking or heating appliance or lighting or smoking a smoking product if the person takes reasonable steps to ensure the lighting, using or smoking does not result in damage to— a cultural or natural resource of the recreation area; or property, other than property owned by the person, in the recreation area.\n(sec.115-ssec.5) In this section— smoking product see the Tobacco and Other Smoking Products Act 1998 , schedule 1 .\n- (a) a regulatory notice; or\n- (b) a condition of a permit; or\n- (c) another authority held by the person.\n- • a fire using a material other than sawn timber\n- • a fire using a material other than timber provided in the recreation area for making fires\n- (a) a barbecue or fireplace provided by the chief executive; or\n- (b) if a barbecue or fireplace is not provided—a place that is more than 2m from flammable material.\n- (a) a person lighting, keeping or using a fire with the written approval of the chief executive; or\n- (b) a person lighting or using a specified cooking or heating appliance or lighting or smoking a smoking product if the person takes reasonable steps to ensure the lighting, using or smoking does not result in damage to— (i) a cultural or natural resource of the recreation area; or (ii) property, other than property owned by the person, in the recreation area.\n- (i) a cultural or natural resource of the recreation area; or\n- (ii) property, other than property owned by the person, in the recreation area.\n- (i) a cultural or natural resource of the recreation area; or\n- (ii) property, other than property owned by the person, in the recreation area.","sortOrder":162},{"sectionNumber":"sec.116","sectionType":"section","heading":"Unattended fires","content":"### sec.116 Unattended fires\n\nA person who lights or assumes control of a fire in a recreation area must put the fire out before leaving the fire.\nMaximum penalty—165 penalty units.\nSubsection (1) does not apply to the person if another person assumes control of the fire before the person mentioned in subsection (1) leaves the fire.\n(sec.116-ssec.1) A person who lights or assumes control of a fire in a recreation area must put the fire out before leaving the fire. Maximum penalty—165 penalty units.\n(sec.116-ssec.2) Subsection (1) does not apply to the person if another person assumes control of the fire before the person mentioned in subsection (1) leaves the fire.","sortOrder":163},{"sectionNumber":"sec.117","sectionType":"section","heading":"Unauthorised things relating to fires","content":"### sec.117 Unauthorised things relating to fires\n\nA person must not deposit any of the following in a recreation area—\na lit match, pipe, cigar, cigarette or tobacco;\nhot ashes;\na burning or smouldering substance;\na substance or device that ignites on impact or by spontaneous combustion.\nMaximum penalty—165 penalty units.\nSubsection (1) does not apply to a person depositing a thing mentioned in subsection (1) for—\nlighting or using a specified cooking or heating appliance; or\nlighting a fire in a barbecue or fireplace provided by the chief executive; or\nif a barbecue or fireplace is not provided by the chief executive for the area—lighting a fire in a place that is more than 2m from flammable material.\n(sec.117-ssec.1) A person must not deposit any of the following in a recreation area— a lit match, pipe, cigar, cigarette or tobacco; hot ashes; a burning or smouldering substance; a substance or device that ignites on impact or by spontaneous combustion. Maximum penalty—165 penalty units.\n(sec.117-ssec.2) Subsection (1) does not apply to a person depositing a thing mentioned in subsection (1) for— lighting or using a specified cooking or heating appliance; or lighting a fire in a barbecue or fireplace provided by the chief executive; or if a barbecue or fireplace is not provided by the chief executive for the area—lighting a fire in a place that is more than 2m from flammable material.\n- (a) a lit match, pipe, cigar, cigarette or tobacco;\n- (b) hot ashes;\n- (c) a burning or smouldering substance;\n- (d) a substance or device that ignites on impact or by spontaneous combustion.\n- (a) lighting or using a specified cooking or heating appliance; or\n- (b) lighting a fire in a barbecue or fireplace provided by the chief executive; or\n- (c) if a barbecue or fireplace is not provided by the chief executive for the area—lighting a fire in a place that is more than 2m from flammable material.","sortOrder":164},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Animals and plants","content":"## Animals and plants","sortOrder":165},{"sectionNumber":"sec.118","sectionType":"section","heading":"Unauthorised feeding of animals","content":"### sec.118 Unauthorised feeding of animals\n\nA person in a recreation area must not, without the chief executive’s written approval, feed an animal that is dangerous, venomous or capable of injuring a person.\nMaximum penalty—40 penalty units.\nA person in a recreation area must not, without the chief executive’s written approval, feed an animal if a regulatory notice prohibits the feeding of the animal.\nMaximum penalty—40 penalty units.\nHowever, a person may, without the chief executive’s written approval, feed—\na support dog in a recreation area; or\nanother domesticated dog under control in the Inskip Peninsula recreation area or another recreation area prescribed under a regulation; or\nan animal taken into the recreation area under a corresponding authority or a regulatory notice.\nIn this section—\nfeed , in relation to an animal, includes—\nuse food to tease or lure the animal; and\nattempt to feed the animal.\ns 118 amd 2009 No. 4 s 124 (2) sch 3 ; 2013 No. 55 s 94\n(sec.118-ssec.1) A person in a recreation area must not, without the chief executive’s written approval, feed an animal that is dangerous, venomous or capable of injuring a person. Maximum penalty—40 penalty units.\n(sec.118-ssec.2) A person in a recreation area must not, without the chief executive’s written approval, feed an animal if a regulatory notice prohibits the feeding of the animal. Maximum penalty—40 penalty units.\n(sec.118-ssec.3) However, a person may, without the chief executive’s written approval, feed— a support dog in a recreation area; or another domesticated dog under control in the Inskip Peninsula recreation area or another recreation area prescribed under a regulation; or an animal taken into the recreation area under a corresponding authority or a regulatory notice.\n(sec.118-ssec.4) In this section— feed , in relation to an animal, includes— use food to tease or lure the animal; and attempt to feed the animal.\n- (a) a support dog in a recreation area; or\n- (b) another domesticated dog under control in the Inskip Peninsula recreation area or another recreation area prescribed under a regulation; or\n- (c) an animal taken into the recreation area under a corresponding authority or a regulatory notice.\n- (a) use food to tease or lure the animal; and\n- (b) attempt to feed the animal.","sortOrder":166},{"sectionNumber":"sec.119","sectionType":"section","heading":"Unauthorised disturbance of animals","content":"### sec.119 Unauthorised disturbance of animals\n\nA person in a recreation area must not disturb an animal if—\nit is dangerous, venomous or capable of injuring a person; or\na regulatory notice prohibits the disturbance of the animal.\nMaximum penalty—40 penalty units.\nSubsection (1) does not apply to a person who disturbs an animal—\nwith the chief executive’s written approval; or\nin the course of a lawful activity that was not directed towards the disturbance if the disturbance could not have been reasonably avoided.\nIn this section—\ndisturb , an animal, means approach, lure, pursue, tease or attempt to disturb the animal.\n(sec.119-ssec.1) A person in a recreation area must not disturb an animal if— it is dangerous, venomous or capable of injuring a person; or a regulatory notice prohibits the disturbance of the animal. Maximum penalty—40 penalty units.\n(sec.119-ssec.2) Subsection (1) does not apply to a person who disturbs an animal— with the chief executive’s written approval; or in the course of a lawful activity that was not directed towards the disturbance if the disturbance could not have been reasonably avoided.\n(sec.119-ssec.3) In this section— disturb , an animal, means approach, lure, pursue, tease or attempt to disturb the animal.\n- (a) it is dangerous, venomous or capable of injuring a person; or\n- (b) a regulatory notice prohibits the disturbance of the animal.\n- (a) with the chief executive’s written approval; or\n- (b) in the course of a lawful activity that was not directed towards the disturbance if the disturbance could not have been reasonably avoided.","sortOrder":167},{"sectionNumber":"sec.120","sectionType":"section","heading":"Food to be kept from animals","content":"### sec.120 Food to be kept from animals\n\nA person in a recreation area must ensure food in the person’s possession or under the person’s control is kept—\nin a way that prevents an animal that is dangerous, venomous or capable of injuring a person from gaining access to the food; or\nif a regulatory notice states the way in which the food must be kept—in the stated way.\nMaximum penalty—40 penalty units.\nIn subsection (1) —\nfood does not include food—\nat the time it is being consumed by a person or prepared for human consumption; or\nthat is lawfully deposited or disposed of under this Act; or\ngiven to a support dog; or\ngiven to another domesticated dog under control in the Inskip Peninsula recreation area or another recreation area prescribed under a regulation; or\ngiven to an animal taken into the recreation area in accordance with a corresponding authority or regulatory notice.\ns 120 amd 2009 No. 4 s 124 (2) sch 3 ; 2013 No. 55 s 95\n(sec.120-ssec.1) A person in a recreation area must ensure food in the person’s possession or under the person’s control is kept— in a way that prevents an animal that is dangerous, venomous or capable of injuring a person from gaining access to the food; or if a regulatory notice states the way in which the food must be kept—in the stated way. Maximum penalty—40 penalty units.\n(sec.120-ssec.2) In subsection (1) — food does not include food— at the time it is being consumed by a person or prepared for human consumption; or that is lawfully deposited or disposed of under this Act; or given to a support dog; or given to another domesticated dog under control in the Inskip Peninsula recreation area or another recreation area prescribed under a regulation; or given to an animal taken into the recreation area in accordance with a corresponding authority or regulatory notice.\n- (a) in a way that prevents an animal that is dangerous, venomous or capable of injuring a person from gaining access to the food; or\n- (b) if a regulatory notice states the way in which the food must be kept—in the stated way.\n- (a) at the time it is being consumed by a person or prepared for human consumption; or\n- (b) that is lawfully deposited or disposed of under this Act; or\n- (c) given to a support dog; or\n- (d) given to another domesticated dog under control in the Inskip Peninsula recreation area or another recreation area prescribed under a regulation; or\n- (e) given to an animal taken into the recreation area in accordance with a corresponding authority or regulatory notice.","sortOrder":168},{"sectionNumber":"sec.121","sectionType":"section","heading":"Restriction on animals in recreation area","content":"### sec.121 Restriction on animals in recreation area\n\nA person must not, other than in accordance with the chief executive’s written approval or a corresponding authority—\ntake a live animal into a recreation area; or\nkeep a live animal in a recreation area.\nMaximum penalty—20 penalty units.\nIn subsection (1) —\nanimal does not include—\na support dog; or\na fish, sand crab or mud crab lawfully taken in a recreation area or a place adjacent to the area; or\nan invertebrate animal lawfully taken in a recreation area or a place adjacent to the area for use as bait for fishing; or\nan animal taken into the recreation area in the way prescribed under a regulatory notice or a regulation.\ns 121 amd 2009 No. 4 s 124 (2) sch 3 ; 2013 No. 55 s 96\n(sec.121-ssec.1) A person must not, other than in accordance with the chief executive’s written approval or a corresponding authority— take a live animal into a recreation area; or keep a live animal in a recreation area. Maximum penalty—20 penalty units.\n(sec.121-ssec.2) In subsection (1) — animal does not include— a support dog; or a fish, sand crab or mud crab lawfully taken in a recreation area or a place adjacent to the area; or an invertebrate animal lawfully taken in a recreation area or a place adjacent to the area for use as bait for fishing; or an animal taken into the recreation area in the way prescribed under a regulatory notice or a regulation.\n- (a) take a live animal into a recreation area; or\n- (b) keep a live animal in a recreation area.\n- (a) a support dog; or\n- (b) a fish, sand crab or mud crab lawfully taken in a recreation area or a place adjacent to the area; or\n- (c) an invertebrate animal lawfully taken in a recreation area or a place adjacent to the area for use as bait for fishing; or\n- (d) an animal taken into the recreation area in the way prescribed under a regulatory notice or a regulation.","sortOrder":169},{"sectionNumber":"sec.122","sectionType":"section","heading":"Taking into and keeping of dogs in recreation areas","content":"### sec.122 Taking into and keeping of dogs in recreation areas\n\nA person must not take a dog into, or keep a dog in, a recreation area unless the dog is under control.\nMaximum penalty—20 penalty units.\nA person who takes a dog into, or keeps a dog in, a recreation area must, if the dog defecates in the area—\nimmediately collect the faeces deposited by the dog and enclose them in a secure bag or wrapping; and\ndeposit the enclosed faeces in 1 of the bins provided in the area or in the way prescribed under a regulatory notice.\nMaximum penalty—20 penalty units.\n(sec.122-ssec.1) A person must not take a dog into, or keep a dog in, a recreation area unless the dog is under control. Maximum penalty—20 penalty units.\n(sec.122-ssec.2) A person who takes a dog into, or keeps a dog in, a recreation area must, if the dog defecates in the area— immediately collect the faeces deposited by the dog and enclose them in a secure bag or wrapping; and deposit the enclosed faeces in 1 of the bins provided in the area or in the way prescribed under a regulatory notice. Maximum penalty—20 penalty units.\n- (a) immediately collect the faeces deposited by the dog and enclose them in a secure bag or wrapping; and\n- (b) deposit the enclosed faeces in 1 of the bins provided in the area or in the way prescribed under a regulatory notice.","sortOrder":170},{"sectionNumber":"sec.123","sectionType":"section","heading":"Unlawfully bringing plants into recreation areas","content":"### sec.123 Unlawfully bringing plants into recreation areas\n\nA person must not take a plant into a recreation area unless—\nit is for consumption by humans as food; or\nthe person takes the plant into the area in accordance with—\nthe chief executive’s written approval; or\na regulatory notice; or\na corresponding authority; or\na regulation.\nMaximum penalty—50 penalty units.\nIn this section—\nplant includes part of a plant.\n(sec.123-ssec.1) A person must not take a plant into a recreation area unless— it is for consumption by humans as food; or the person takes the plant into the area in accordance with— the chief executive’s written approval; or a regulatory notice; or a corresponding authority; or a regulation. Maximum penalty—50 penalty units.\n(sec.123-ssec.2) In this section— plant includes part of a plant.\n- (a) it is for consumption by humans as food; or\n- (b) the person takes the plant into the area in accordance with— (i) the chief executive’s written approval; or (ii) a regulatory notice; or (iii) a corresponding authority; or (iv) a regulation.\n- (i) the chief executive’s written approval; or\n- (ii) a regulatory notice; or\n- (iii) a corresponding authority; or\n- (iv) a regulation.\n- (i) the chief executive’s written approval; or\n- (ii) a regulatory notice; or\n- (iii) a corresponding authority; or\n- (iv) a regulation.","sortOrder":171},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Pollution and waste","content":"## Pollution and waste","sortOrder":172},{"sectionNumber":"sec.124","sectionType":"section","heading":"Polluting and misusing water","content":"### sec.124 Polluting and misusing water\n\nA person must not pollute a dam, lake or watercourse in a recreation area.\nMaximum penalty—50 penalty units.\nWithout limiting subsection (1) , a person pollutes a dam, lake or watercourse if the person—\ndischarges waste from a boat into the dam, lake or watercourse; or\nuses soap, detergent or shampoo in the dam, lake or watercourse; or\nputs oil, grease or a harmful or dangerous substance in the dam, lake or watercourse; or\nwashes a vehicle, clothing, cooking utensils or another thing in the dam, lake or watercourse.\nA person must not, in a recreation area—\ntake water from a lake, watercourse or other water storage, other than for personal use within the area; or\ndam or divert a watercourse; or\ntamper with or damage a water supply or water storage facility; or\nallow water from a tap to run to waste.\nMaximum penalty—50 penalty units.\nSubsection (3) does not apply to the person doing a thing mentioned in subsection (3) if—\nthe person has the written approval of the chief executive to do the thing; or\nthe person has a corresponding authority authorising the person to do the thing and the person complies with the authority and the Act under which the authority was given.\n(sec.124-ssec.1) A person must not pollute a dam, lake or watercourse in a recreation area. Maximum penalty—50 penalty units.\n(sec.124-ssec.2) Without limiting subsection (1) , a person pollutes a dam, lake or watercourse if the person— discharges waste from a boat into the dam, lake or watercourse; or uses soap, detergent or shampoo in the dam, lake or watercourse; or puts oil, grease or a harmful or dangerous substance in the dam, lake or watercourse; or washes a vehicle, clothing, cooking utensils or another thing in the dam, lake or watercourse.\n(sec.124-ssec.3) A person must not, in a recreation area— take water from a lake, watercourse or other water storage, other than for personal use within the area; or dam or divert a watercourse; or tamper with or damage a water supply or water storage facility; or allow water from a tap to run to waste. Maximum penalty—50 penalty units.\n(sec.124-ssec.4) Subsection (3) does not apply to the person doing a thing mentioned in subsection (3) if— the person has the written approval of the chief executive to do the thing; or the person has a corresponding authority authorising the person to do the thing and the person complies with the authority and the Act under which the authority was given.\n- (a) discharges waste from a boat into the dam, lake or watercourse; or\n- (b) uses soap, detergent or shampoo in the dam, lake or watercourse; or\n- (c) puts oil, grease or a harmful or dangerous substance in the dam, lake or watercourse; or\n- (d) washes a vehicle, clothing, cooking utensils or another thing in the dam, lake or watercourse.\n- (a) take water from a lake, watercourse or other water storage, other than for personal use within the area; or\n- (b) dam or divert a watercourse; or\n- (c) tamper with or damage a water supply or water storage facility; or\n- (d) allow water from a tap to run to waste.\n- (a) the person has the written approval of the chief executive to do the thing; or\n- (b) the person has a corresponding authority authorising the person to do the thing and the person complies with the authority and the Act under which the authority was given.","sortOrder":173},{"sectionNumber":"sec.125","sectionType":"section","heading":"Unlawful disposal of offensive or harmful substances","content":"### sec.125 Unlawful disposal of offensive or harmful substances\n\nA person must not bury or otherwise dispose of, or leave, a noxious, offensive or harmful substance or animal waste in a recreation area.\nMaximum penalty—120 penalty units.\nSubsection (1) does not apply to the animal waste of a fish or crab taken in a recreation area, or a place adjacent to a recreation area, if a person deposits or disposes of the waste—\nin a receptacle provided by the chief executive specifically for depositing or disposing of the waste; or\nin the way required by a regulatory notice; or\nin the way prescribed under a regulation.\nIn this section—\nanimal waste means offal, a carcass or skeleton.\n(sec.125-ssec.1) A person must not bury or otherwise dispose of, or leave, a noxious, offensive or harmful substance or animal waste in a recreation area. Maximum penalty—120 penalty units.\n(sec.125-ssec.2) Subsection (1) does not apply to the animal waste of a fish or crab taken in a recreation area, or a place adjacent to a recreation area, if a person deposits or disposes of the waste— in a receptacle provided by the chief executive specifically for depositing or disposing of the waste; or in the way required by a regulatory notice; or in the way prescribed under a regulation.\n(sec.125-ssec.3) In this section— animal waste means offal, a carcass or skeleton.\n- (a) in a receptacle provided by the chief executive specifically for depositing or disposing of the waste; or\n- (b) in the way required by a regulatory notice; or\n- (c) in the way prescribed under a regulation.","sortOrder":174},{"sectionNumber":"sec.126","sectionType":"section","heading":"Dumping or abandoning vehicles or vessels","content":"### sec.126 Dumping or abandoning vehicles or vessels\n\nA person must not dump or abandon a vehicle or vessel, or part of a vehicle or vessel, in a recreation area.\nMaximum penalty—120 penalty units.","sortOrder":175},{"sectionNumber":"sec.127","sectionType":"section","heading":"Dumping or abandoning waste material","content":"### sec.127 Dumping or abandoning waste material\n\nA person must not dump or abandon used or waste materials, including for example, building materials, fencing materials, drums or vegetation, in a recreation area.\nMaximum penalty—120 penalty units.","sortOrder":176},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Other conduct","content":"## Other conduct","sortOrder":177},{"sectionNumber":"sec.128","sectionType":"section","heading":"Unauthorised use of generators, compressors or motors","content":"### sec.128 Unauthorised use of generators, compressors or motors\n\nA person must not use a generator, compressor or other similar motor in a recreation area unless its use is permitted under, and it is used in accordance with—\na regulatory notice; or\nthe chief executive’s written approval; or\na corresponding authority; or\na regulation.\nMaximum penalty—50 penalty units.\n- (a) a regulatory notice; or\n- (b) the chief executive’s written approval; or\n- (c) a corresponding authority; or\n- (d) a regulation.","sortOrder":178},{"sectionNumber":"sec.129","sectionType":"section","heading":"Disturbance by radio, tape recorder or sound system","content":"### sec.129 Disturbance by radio, tape recorder or sound system\n\nA person must not use a radio, tape recorder or other sound or amplifier system in a way that may cause unreasonable disturbance to a person or native animal in a recreation area.\nMaximum penalty—50 penalty units.","sortOrder":179},{"sectionNumber":"sec.130","sectionType":"section","heading":"Unlawful possession or use of weapons, explosives or traps","content":"### sec.130 Unlawful possession or use of weapons, explosives or traps\n\nA person must not possess or use in a recreation area—\na bow, catapult or weapon; or\nan explosive device; or\na net, snare or trap.\nMaximum penalty—120 penalty units.\nSubsection (1) does not apply if the possession or use is authorised under—\nthe chief executive’s written approval; or\na regulation; or\nanother Act and the person complies with the Act and the possession or use is not prohibited in the area by a further Act.\na crab pot, net or other fishing apparatus possessed and used in accordance with the Fisheries Act 1994 , the possession or use of which is not prohibited in a particular area, for example, a marine park, under a further Act\nA person must not, in a recreation area, carry a loaded spear gun or discharge a spear gun, unless the person is in tidal waters where spear fishing is permitted under an Act.\nMaximum penalty—120 penalty units.\nIn this section—\ntidal waters means waters that are within the ebb and flow of the tide at spring tides.\nweapon see the Weapons Act 1990 , schedule 2 .\n(sec.130-ssec.1) A person must not possess or use in a recreation area— a bow, catapult or weapon; or an explosive device; or a net, snare or trap. Maximum penalty—120 penalty units.\n(sec.130-ssec.2) Subsection (1) does not apply if the possession or use is authorised under— the chief executive’s written approval; or a regulation; or another Act and the person complies with the Act and the possession or use is not prohibited in the area by a further Act. a crab pot, net or other fishing apparatus possessed and used in accordance with the Fisheries Act 1994 , the possession or use of which is not prohibited in a particular area, for example, a marine park, under a further Act\n(sec.130-ssec.3) A person must not, in a recreation area, carry a loaded spear gun or discharge a spear gun, unless the person is in tidal waters where spear fishing is permitted under an Act. Maximum penalty—120 penalty units.\n(sec.130-ssec.4) In this section— tidal waters means waters that are within the ebb and flow of the tide at spring tides. weapon see the Weapons Act 1990 , schedule 2 .\n- (a) a bow, catapult or weapon; or\n- (b) an explosive device; or\n- (c) a net, snare or trap.\n- (a) the chief executive’s written approval; or\n- (b) a regulation; or\n- (c) another Act and the person complies with the Act and the possession or use is not prohibited in the area by a further Act. Example for paragraph (c) — a crab pot, net or other fishing apparatus possessed and used in accordance with the Fisheries Act 1994 , the possession or use of which is not prohibited in a particular area, for example, a marine park, under a further Act","sortOrder":180},{"sectionNumber":"sec.131","sectionType":"section","heading":"Unauthorised use of recreational craft","content":"### sec.131 Unauthorised use of recreational craft\n\nA person must not use or operate a recreational craft in a recreation area unless the use or operation is authorised—\nby the chief executive’s written approval; or\nunder a regulation.\nMaximum penalty—80 penalty units.\n- (a) by the chief executive’s written approval; or\n- (b) under a regulation.","sortOrder":181},{"sectionNumber":"sec.132","sectionType":"section","heading":"Unauthorised landing of aircraft","content":"### sec.132 Unauthorised landing of aircraft\n\nA person must not land an aircraft in a recreation area, other than on a designated landing area, unless the landing is authorised by—\nthe chief executive’s written approval; or\na permit, agreement or other authority under the Forestry Act 1959 , the Marine Parks Act 1982 or the Nature Conservation Act 1992 .\nMaximum penalty—120 penalty units\nIn this section—\ndesignated landing area , for an aircraft or a type of aircraft, means the area—\ndesignated by the chief executive as an appropriate landing area for the aircraft; and\ndetails of which are published on the department’s website.\n(sec.132-ssec.1) A person must not land an aircraft in a recreation area, other than on a designated landing area, unless the landing is authorised by— the chief executive’s written approval; or a permit, agreement or other authority under the Forestry Act 1959 , the Marine Parks Act 1982 or the Nature Conservation Act 1992 . Maximum penalty—120 penalty units\n(sec.132-ssec.2) In this section— designated landing area , for an aircraft or a type of aircraft, means the area— designated by the chief executive as an appropriate landing area for the aircraft; and details of which are published on the department’s website.\n- (a) the chief executive’s written approval; or\n- (b) a permit, agreement or other authority under the Forestry Act 1959 , the Marine Parks Act 1982 or the Nature Conservation Act 1992 .\n- (a) designated by the chief executive as an appropriate landing area for the aircraft; and\n- (b) details of which are published on the department’s website.","sortOrder":182},{"sectionNumber":"sec.133","sectionType":"section","heading":"General misconduct","content":"### sec.133 General misconduct\n\nA person in a recreation area must not, unless the person has a reasonable excuse—\nbe disorderly or create a disturbance; or\ndo anything that interferes, or is likely to interfere, with the safety or health of the person or someone else in the area.\nMaximum penalty—50 penalty units.\nA person in a recreation area must not, unless the person has a reasonable excuse or the chief executive’s written approval—\nrestrict access to, for example, by cordoning off, a part of the area or a barbecue, table or other facility in the area; or\nclaim to have an exclusive right to use a part of the area or a barbecue, table or other facility in the area.\nMaximum penalty—50 penalty units.\nA person in a recreation area must not, unless the person has a reasonable excuse—\ndefecate within 10m of a lake, watercourse, natural water storage, walking track or other facility, other than in a facility provided by the chief executive for the purpose; or\nbury human waste, other than in a facility provided by the chief executive for the purpose, within 10m of any of the following—\na lake, watercourse or natural water storage;\nan occupied or established camp site;\na site designated by a regulatory notice as a camp site;\na walking track or other public facility; or\nleave human waste unburied.\nMaximum penalty—50 penalty units.\nA person must not tamper with a building, fence, gate, notice, sign or structure in a recreation area unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\n(sec.133-ssec.1) A person in a recreation area must not, unless the person has a reasonable excuse— be disorderly or create a disturbance; or do anything that interferes, or is likely to interfere, with the safety or health of the person or someone else in the area. Maximum penalty—50 penalty units.\n(sec.133-ssec.2) A person in a recreation area must not, unless the person has a reasonable excuse or the chief executive’s written approval— restrict access to, for example, by cordoning off, a part of the area or a barbecue, table or other facility in the area; or claim to have an exclusive right to use a part of the area or a barbecue, table or other facility in the area. Maximum penalty—50 penalty units.\n(sec.133-ssec.3) A person in a recreation area must not, unless the person has a reasonable excuse— defecate within 10m of a lake, watercourse, natural water storage, walking track or other facility, other than in a facility provided by the chief executive for the purpose; or bury human waste, other than in a facility provided by the chief executive for the purpose, within 10m of any of the following— a lake, watercourse or natural water storage; an occupied or established camp site; a site designated by a regulatory notice as a camp site; a walking track or other public facility; or leave human waste unburied. Maximum penalty—50 penalty units.\n(sec.133-ssec.4) A person must not tamper with a building, fence, gate, notice, sign or structure in a recreation area unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) be disorderly or create a disturbance; or\n- (b) do anything that interferes, or is likely to interfere, with the safety or health of the person or someone else in the area.\n- (a) restrict access to, for example, by cordoning off, a part of the area or a barbecue, table or other facility in the area; or\n- (b) claim to have an exclusive right to use a part of the area or a barbecue, table or other facility in the area.\n- (a) defecate within 10m of a lake, watercourse, natural water storage, walking track or other facility, other than in a facility provided by the chief executive for the purpose; or\n- (b) bury human waste, other than in a facility provided by the chief executive for the purpose, within 10m of any of the following— (i) a lake, watercourse or natural water storage; (ii) an occupied or established camp site; (iii) a site designated by a regulatory notice as a camp site; (iv) a walking track or other public facility; or\n- (i) a lake, watercourse or natural water storage;\n- (ii) an occupied or established camp site;\n- (iii) a site designated by a regulatory notice as a camp site;\n- (iv) a walking track or other public facility; or\n- (c) leave human waste unburied.\n- (i) a lake, watercourse or natural water storage;\n- (ii) an occupied or established camp site;\n- (iii) a site designated by a regulatory notice as a camp site;\n- (iv) a walking track or other public facility; or","sortOrder":183},{"sectionNumber":"sec.134","sectionType":"section","heading":"False or misleading information given by applicant","content":"### sec.134 False or misleading information given by applicant\n\nA person who applies for a permit or other authority or seeks a commercial activity agreement, must not state anything to the chief executive that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":184},{"sectionNumber":"sec.135","sectionType":"section","heading":"False or misleading documents given by applicant","content":"### sec.135 False or misleading documents given by applicant\n\nA person who applies for a permit or other authority or seeks a commercial activity agreement, must not give the chief executive a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the chief executive, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.\n(sec.135-ssec.1) A person who applies for a permit or other authority or seeks a commercial activity agreement, must not give the chief executive a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.135-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the chief executive, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.\n- (a) informs the chief executive, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the chief executive if the person has, or can reasonably obtain, the correct information.","sortOrder":185},{"sectionNumber":"sec.136","sectionType":"section","heading":"Fraudulent claims for replacement permit","content":"### sec.136 Fraudulent claims for replacement permit\n\nA person must not fraudulently claim that a permit or other authority has been damaged, destroyed, lost or stolen.\nMaximum penalty—20 penalty units.","sortOrder":186},{"sectionNumber":"sec.137","sectionType":"section","heading":"Permit or corresponding authority must be available for inspection","content":"### sec.137 Permit or corresponding authority must be available for inspection\n\nThis section applies to a person while the person is conducting an activity in a recreation area under an organised event permit, a commercial activity permit or a corresponding authority.\nIf asked by an authorised officer, the person must, unless the person has a reasonable excuse, produce for inspection by the authorised officer—\nthe permit or authority, or a copy of it, or a copy of the relevant details for the permit or authority; and\na form of identification that shows a recent colour photograph of the person.\nMaximum penalty—50 penalty units.\ns 137 amd 2014 No. 63 s 27\n(sec.137-ssec.1) This section applies to a person while the person is conducting an activity in a recreation area under an organised event permit, a commercial activity permit or a corresponding authority.\n(sec.137-ssec.2) If asked by an authorised officer, the person must, unless the person has a reasonable excuse, produce for inspection by the authorised officer— the permit or authority, or a copy of it, or a copy of the relevant details for the permit or authority; and a form of identification that shows a recent colour photograph of the person. Maximum penalty—50 penalty units.\n- (a) the permit or authority, or a copy of it, or a copy of the relevant details for the permit or authority; and\n- (b) a form of identification that shows a recent colour photograph of the person.","sortOrder":187},{"sectionNumber":"sec.138","sectionType":"section","heading":"Written approval must be available for inspection","content":"### sec.138 Written approval must be available for inspection\n\nThis section applies to a person while the person is conducting an activity in a recreation area under a written approval.\nIf asked by an authorised officer, the person must, unless the person has a reasonable excuse, produce the approval, or a copy of it, for inspection by the authorised officer.\nMaximum penalty—50 penalty units.\n(sec.138-ssec.1) This section applies to a person while the person is conducting an activity in a recreation area under a written approval.\n(sec.138-ssec.2) If asked by an authorised officer, the person must, unless the person has a reasonable excuse, produce the approval, or a copy of it, for inspection by the authorised officer. Maximum penalty—50 penalty units.","sortOrder":188},{"sectionNumber":"sec.139","sectionType":"section","heading":"Commercial activity agreement must be available for inspection","content":"### sec.139 Commercial activity agreement must be available for inspection\n\nThis section applies to a person while the person is conducting an activity in a recreation area under a commercial activity agreement.\nIf asked by an authorised officer, the person must, unless the person has a reasonable excuse, produce for inspection by the authorised officer—\nthe agreement, a copy of the agreement, or a copy of the relevant details for the agreement; and\na form of identification that shows a recent colour photograph of the person.\nMaximum penalty—50 penalty units.\n(sec.139-ssec.1) This section applies to a person while the person is conducting an activity in a recreation area under a commercial activity agreement.\n(sec.139-ssec.2) If asked by an authorised officer, the person must, unless the person has a reasonable excuse, produce for inspection by the authorised officer— the agreement, a copy of the agreement, or a copy of the relevant details for the agreement; and a form of identification that shows a recent colour photograph of the person. Maximum penalty—50 penalty units.\n- (a) the agreement, a copy of the agreement, or a copy of the relevant details for the agreement; and\n- (b) a form of identification that shows a recent colour photograph of the person.","sortOrder":189},{"sectionNumber":"sec.140","sectionType":"section","heading":"Failing to comply with conditions of permit or authority","content":"### sec.140 Failing to comply with conditions of permit or authority\n\nA person acting under a permit or other authority must comply with the conditions of the permit or authority, unless the person has a reasonable excuse.\nMaximum penalty—80 penalty units.","sortOrder":190},{"sectionNumber":"sec.141","sectionType":"section","heading":"Requirement to notify chief executive of particular changes","content":"### sec.141 Requirement to notify chief executive of particular changes\n\nThis section applies to the holder of an authority if a change of any of the following happens—\nthe holder’s name;\nthe holder’s postal, residential or business address;\nif the holder is a corporation—the person in charge of the activity carried out under the authority.\nThe holder must before, or immediately after, the change happens—\ngive the chief executive a written notice stating the nature of the change; and\nif the change relates to a matter stated on the authority—apply to the chief executive for an amendment of the authority to reflect the change.\nMaximum penalty—10 penalty units.\nIn this section—\nauthority means a permit, commercial activity agreement or other authority.\nholder , of an authority that is a commercial activity agreement, means the other party to the agreement.\n(sec.141-ssec.1) This section applies to the holder of an authority if a change of any of the following happens— the holder’s name; the holder’s postal, residential or business address; if the holder is a corporation—the person in charge of the activity carried out under the authority.\n(sec.141-ssec.2) The holder must before, or immediately after, the change happens— give the chief executive a written notice stating the nature of the change; and if the change relates to a matter stated on the authority—apply to the chief executive for an amendment of the authority to reflect the change. Maximum penalty—10 penalty units.\n(sec.141-ssec.3) In this section— authority means a permit, commercial activity agreement or other authority. holder , of an authority that is a commercial activity agreement, means the other party to the agreement.\n- (a) the holder’s name;\n- (b) the holder’s postal, residential or business address;\n- (c) if the holder is a corporation—the person in charge of the activity carried out under the authority.\n- (a) give the chief executive a written notice stating the nature of the change; and\n- (b) if the change relates to a matter stated on the authority—apply to the chief executive for an amendment of the authority to reflect the change.","sortOrder":191},{"sectionNumber":"pt.7-div.6","sectionType":"division","heading":"Demerit points for offences","content":"## Demerit points for offences","sortOrder":192},{"sectionNumber":"sec.142","sectionType":"section","heading":"Demerit points","content":"### sec.142 Demerit points\n\nThis section applies to a person who is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against this Act and pays the infringement notice penalty for the offence.\nThe person accumulates demerit points under this Act for the offence.\nThe number of demerit points the person accumulates is—\nif the maximum penalty specified for the offence is no more than 20 penalty units—1 demerit point; or\nif the maximum penalty specified for the offence is more than 20 penalty units but not more than 50 penalty units—2 demerit points; or\nif the maximum penalty specified for the offence is more than 50 penalty units but not more than 80 penalty units—3 demerit points; or\nif the maximum penalty specified for the offence is more than 80 penalty units but not more than 120 penalty units—4 demerit points; or\nif the maximum penalty specified for the offence is more than 120 penalty units but not more than 165 penalty units—5 demerit points.\n(sec.142-ssec.1) This section applies to a person who is given an infringement notice under the State Penalties Enforcement Act 1999 for an offence against this Act and pays the infringement notice penalty for the offence.\n(sec.142-ssec.2) The person accumulates demerit points under this Act for the offence.\n(sec.142-ssec.3) The number of demerit points the person accumulates is— if the maximum penalty specified for the offence is no more than 20 penalty units—1 demerit point; or if the maximum penalty specified for the offence is more than 20 penalty units but not more than 50 penalty units—2 demerit points; or if the maximum penalty specified for the offence is more than 50 penalty units but not more than 80 penalty units—3 demerit points; or if the maximum penalty specified for the offence is more than 80 penalty units but not more than 120 penalty units—4 demerit points; or if the maximum penalty specified for the offence is more than 120 penalty units but not more than 165 penalty units—5 demerit points.\n- (a) if the maximum penalty specified for the offence is no more than 20 penalty units—1 demerit point; or\n- (b) if the maximum penalty specified for the offence is more than 20 penalty units but not more than 50 penalty units—2 demerit points; or\n- (c) if the maximum penalty specified for the offence is more than 50 penalty units but not more than 80 penalty units—3 demerit points; or\n- (d) if the maximum penalty specified for the offence is more than 80 penalty units but not more than 120 penalty units—4 demerit points; or\n- (e) if the maximum penalty specified for the offence is more than 120 penalty units but not more than 165 penalty units—5 demerit points.","sortOrder":193},{"sectionNumber":"pt.8","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":194},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Authorised officers","content":"## Authorised officers","sortOrder":195},{"sectionNumber":"sec.143","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.143 Appointment and qualifications\n\nThe chief executive may appoint any of the following individuals as an authorised officer—\na public service employee;\nwith the individual’s consent, another individual.\nHowever, the chief executive may appoint a person as an authorised officer only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.143-ssec.1) The chief executive may appoint any of the following individuals as an authorised officer— a public service employee; with the individual’s consent, another individual.\n(sec.143-ssec.2) However, the chief executive may appoint a person as an authorised officer only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) a public service employee;\n- (b) with the individual’s consent, another individual.","sortOrder":196},{"sectionNumber":"sec.143A","sectionType":"section","heading":"Functions of authorised officers","content":"### sec.143A Functions of authorised officers\n\nAn authorised 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 main purpose of this Act by providing advice and information on how the purpose may be achieved.\nSubject to this Act, an authorised officer may exercise the powers under this Act for the purpose of these functions.\ns 143A ins 2022 No. 21 s 44\n(sec.143A-ssec.1) An authorised 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 main purpose of this Act by providing advice and information on how the purpose may be achieved.\n(sec.143A-ssec.2) Subject to this Act, an authorised 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 main purpose of this Act by providing advice and information on how the purpose may be achieved.","sortOrder":197},{"sectionNumber":"sec.144","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.144 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe officer’s instrument of appointment; or\na signed notice given to the officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the officer or a regulation may limit the officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.144-ssec.1) An authorised officer holds office on any conditions stated in— the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.\n(sec.144-ssec.2) The instrument of appointment, a signed notice given to the officer or a regulation may limit the officer’s powers under this Act.\n(sec.144-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the officer’s instrument of appointment; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.","sortOrder":198},{"sectionNumber":"sec.145","sectionType":"section","heading":"Issue of identity card","content":"### sec.145 Issue of identity card\n\nThe chief executive must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the officer; and\ncontain a copy of the officer’s signature; and\nidentify the individual as an authorised officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to an individual 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 chief executive is not required to issue an identity card to—\nan authorised 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 an authorised officer.\ns 145 amd 2022 No. 9 s 64\n(sec.145-ssec.1) The chief executive must issue an identity card to each authorised officer.\n(sec.145-ssec.2) The identity card must— contain a recent photo of the officer; and contain a copy of the officer’s signature; and identify the individual as an authorised officer under this Act; and state an expiry date for the card.\n(sec.145-ssec.3) This section does not prevent the issue of a single identity card to an individual for this Act and other purposes.\n(sec.145-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.145-ssec.5) Despite subsection (1) , the chief executive is not required to issue an identity card to— an authorised 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 an authorised officer.\n- (a) contain a recent photo of the officer; and\n- (b) contain a copy of the officer’s signature; and\n- (c) identify the individual as an authorised officer under this Act; and\n- (d) state an expiry date for the card.\n- (a) an authorised 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 an authorised officer.","sortOrder":199},{"sectionNumber":"sec.146","sectionType":"section","heading":"Production or display of identity card","content":"### sec.146 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an authorised officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the 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 officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 150 (1) (b) or (2) .\nThis section does not apply to an authorised 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 145 ; or\nan identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an authorised officer under this Act.\ns 146 amd 2022 No. 9 s 65\n(sec.146-ssec.1) In exercising a power under this Act in relation to a person, an authorised officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.146-ssec.2) However, if it is not practicable to comply with subsection (1) , the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.146-ssec.3) For subsection (1) , an authorised officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 150 (1) (b) or (2) .\n(sec.146-ssec.4) This section does not apply to an authorised officer who is a police officer.\n(sec.146-ssec.5) Subsection (4) does not limit or otherwise affect the Police Powers and Responsibilities Act 2000 , section 637 .\n(sec.146-ssec.6) In this section— identity card means— an identity card issued under section 145 ; or an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an authorised officer under this Act.\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.\n- (a) an identity card issued under section 145 ; or\n- (b) an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an authorised officer under this Act.","sortOrder":200},{"sectionNumber":"sec.147","sectionType":"section","heading":"When authorised officer ceases to hold office","content":"### sec.147 When authorised officer ceases to hold office\n\nAn authorised officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the officer ceases to hold office;\nthe officer’s resignation under section 148 takes effect.\nSubsection (1) does not limit the ways an authorised officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised officer holds office.\n(sec.147-ssec.1) An authorised officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the officer ceases to hold office; the officer’s resignation under section 148 takes effect.\n(sec.147-ssec.2) Subsection (1) does not limit the ways an authorised officer may cease to hold office.\n(sec.147-ssec.3) In this section— condition of office means a condition on which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the officer ceases to hold office;\n- (c) the officer’s resignation under section 148 takes effect.","sortOrder":201},{"sectionNumber":"sec.148","sectionType":"section","heading":"Resignation","content":"### sec.148 Resignation\n\nAn authorised officer may resign by signed notice given to the chief executive.","sortOrder":202},{"sectionNumber":"sec.149","sectionType":"section","heading":"Return of identity card","content":"### sec.149 Return of identity card\n\nAn individual who ceases to be an authorised officer must return an identity card issued to the individual under section 145 to the chief executive within 21 days after ceasing to be an authorised officer, unless the individual has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 149 amd 2022 No. 9 s 66","sortOrder":203},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Powers of authorised officers","content":"## Powers of authorised officers","sortOrder":204},{"sectionNumber":"sec.150","sectionType":"section","heading":"Power to enter places","content":"### sec.150 Power to enter places\n\nAn authorised officer may enter a place if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is the place of business of a commercial activity permit holder or a party to a commercial activity agreement and is—\nopen for carrying on the business; or\notherwise open for entry; or\nrequired to be open for inspection under the permit or agreement.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (d) , a place of business does not include a part of the place where an individual resides.\n(sec.150-ssec.1) An authorised officer may enter a place if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is the place of business of a commercial activity permit holder or a party to a commercial activity agreement and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the permit or agreement.\n(sec.150-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.150-ssec.3) For subsection (1) (d) , a place of business does not include a part of the place where an individual resides.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is the place of business of a commercial activity permit holder or a party to a commercial activity agreement and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under the permit or agreement.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the permit or agreement.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the permit or agreement.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":205},{"sectionNumber":"sec.151","sectionType":"section","heading":"Entry with consent","content":"### sec.151 Entry with consent\n\nThis section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 150 (1) (a) .\nBefore asking for the consent, the officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the officer consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgment, the officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgment complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.151-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 150 (1) (a) .\n(sec.151-ssec.2) Before asking for the consent, the officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.151-ssec.3) If the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent.\n(sec.151-ssec.4) The acknowledgment must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.151-ssec.5) If the occupier signs the acknowledgment, the officer must immediately give a copy to the occupier.\n(sec.151-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgment complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the officer consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence;","sortOrder":206},{"sectionNumber":"sec.152","sectionType":"section","heading":"Application for warrant","content":"### sec.152 Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe officer must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.152-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.152-ssec.2) The officer must prepare a written application that states the grounds on which the warrant is sought.\n(sec.152-ssec.3) The written application must be sworn.\n(sec.152-ssec.4) The magistrate may refuse to consider the application until the officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":207},{"sectionNumber":"sec.153","sectionType":"section","heading":"Issue of warrant","content":"### sec.153 Issue of warrant\n\nThe magistrate may issue a warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place, or, within the next 7 days, will be at the place.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat any authorised officer or a stated authorised officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the officer’s powers under this part; and\nparticulars of the offence that the magistrate considers appropriate in the circumstances; and\nthe name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe extent of re-entry permitted; and\nthe magistrate’s name; and\nthe date and time of the warrant’s issue; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\nA provision of this part applying to entry authorised under a warrant is taken also to apply to any re-entry authorised under the warrant.\ns 153 amd 2011 No. 6 s 131\n(sec.153-ssec.1) The magistrate may issue a warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place, or, within the next 7 days, will be at the place.\n(sec.153-ssec.2) The warrant must state— the place to which the warrant applies; and that any authorised officer or a stated authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the officer’s powers under this part; and particulars of the offence that the magistrate considers appropriate in the circumstances; and the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the extent of re-entry permitted; and the magistrate’s name; and the date and time of the warrant’s issue; and the date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.153-ssec.3) A provision of this part applying to entry authorised under a warrant is taken also to apply to any re-entry authorised under the warrant.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place, or, within the next 7 days, will be at the place.\n- (a) the place to which the warrant applies; and\n- (b) that any authorised officer or a stated authorised officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the officer’s powers under this part; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the officer’s powers under this part; and\n- (c) particulars of the offence that the magistrate considers appropriate in the circumstances; and\n- (d) the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the extent of re-entry permitted; and\n- (h) the magistrate’s name; and\n- (i) the date and time of the warrant’s issue; and\n- (j) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the officer’s powers under this part; and","sortOrder":208},{"sectionNumber":"sec.154","sectionType":"section","heading":"Application by electronic communication and duplicate warrant","content":"### sec.154 Application by electronic communication and duplicate warrant\n\nAn application under section 152 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the officer’s remote location.\nThe application—\nmay not be made before the officer prepares the written application under section 152 (2) ; but\nmay be made before the written application is sworn.\nThe magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under subsection (1) ; and\nthe way the application was made under subsection (1) was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the officer; or\notherwise—\nthe magistrate must tell the officer the date and time the warrant is issued and the other terms of the warrant; and\nthe officer must complete a form of warrant, including by writing on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe other terms of the warrant.\nThe copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ) is a duplicate of, and as effectual as, the original warrant.\nThe officer must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 152 (2) and (3) ; and\nif the officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (6) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (5) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does limit section 152 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.154-ssec.1) An application under section 152 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the officer’s remote location.\n(sec.154-ssec.2) The application— may not be made before the officer prepares the written application under section 152 (2) ; but may be made before the written application is sworn.\n(sec.154-ssec.3) The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate.\n(sec.154-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the officer; or otherwise— the magistrate must tell the officer the date and time the warrant is issued and the other terms of the warrant; and the officer must complete a form of warrant, including by writing on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the other terms of the warrant.\n(sec.154-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ) is a duplicate of, and as effectual as, the original warrant.\n(sec.154-ssec.6) The officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 152 (2) and (3) ; and if the officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n(sec.154-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.154-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.154-ssec.9) This section does limit section 152 .\n(sec.154-ssec.10) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the officer’s remote location.\n- (a) may not be made before the officer prepares the written application under section 152 (2) ; but\n- (b) may be made before the written application is sworn.\n- (a) it was necessary to make the application under subsection (1) ; and\n- (b) the way the application was made under subsection (1) was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the officer; or\n- (b) otherwise— (i) the magistrate must tell the officer the date and time the warrant is issued and the other terms of the warrant; and (ii) the officer must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (i) the magistrate must tell the officer the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the officer must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (i) the magistrate must tell the officer the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the officer must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (a) the written application complying with section 152 (2) and (3) ; and\n- (b) if the officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":209},{"sectionNumber":"sec.155","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.155 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant or in compliance with section 152 , 153 or 154 unless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 154 (5) .\n(sec.155-ssec.1) A warrant is not invalidated by a defect in the warrant or in compliance with section 152 , 153 or 154 unless the defect affects the substance of the warrant in a material particular.\n(sec.155-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 154 (5) .","sortOrder":210},{"sectionNumber":"sec.156","sectionType":"section","heading":"Warrants procedure before entry","content":"### sec.156 Warrants procedure before entry\n\nThis section applies if an authorised officer is intending to enter a place under a warrant issued under this part.\nBefore entering the place, the officer must do or make a reasonable attempt to do each of the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the officer’s identity card, or having the identity card displayed, as mentioned in section 146 (1) ;\ngive the person a copy of the warrant;\ntell the person the officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the officer immediate entry to the place without using force.\nHowever, the officer need not comply with subsection (2) if the officer believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\nThis section does not apply to an authorised 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 145 ; or\nan identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an authorised officer under this Act.\nwarrant includes a duplicate warrant mentioned in section 154 (5) .\ns 156 amd 2011 No. 6 s 132 ; 2022 No. 9 s 67\n(sec.156-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this part.\n(sec.156-ssec.2) Before entering the place, the officer must do or make a reasonable attempt to do each of the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the officer’s identity card, or having the identity card displayed, as mentioned in section 146 (1) ; give the person a copy of the warrant; tell the person the officer is permitted by the warrant to enter the place; give the person an opportunity to allow the officer immediate entry to the place without using force.\n(sec.156-ssec.3) However, the officer need not comply with subsection (2) if the officer believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.156-ssec.4) This section does not apply to an authorised officer who is a police officer.\n(sec.156-ssec.5) Subsection (4) does not limit or otherwise affect the Police Powers and Responsibilities Act 2000 , section 637 .\n(sec.156-ssec.6) In this section— identity card means— an identity card issued under section 145 ; or an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an authorised officer under this Act. warrant includes a duplicate warrant mentioned in section 154 (5) .\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the officer’s identity card, or having the identity card displayed, as mentioned in section 146 (1) ;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the officer immediate entry to the place without using force.\n- (a) an identity card issued under section 145 ; or\n- (b) an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as an authorised officer under this Act.","sortOrder":211},{"sectionNumber":"sec.157","sectionType":"section","heading":"General powers after entering places","content":"### sec.157 General powers after entering places\n\nThis section applies to an authorised officer who enters a place under section 150 .\nHowever, if an authorised officer enters a place to ask the occupier’s consent to enter premises, this section applies to the officer only if the consent is given or the entry is otherwise authorised.\nFor investigating and enforcing compliance with this Act, the officer may do all or any of the following—\nsearch any part of the place;\ninspect, measure, test, photograph or film any part of the place or anything at the place;\nmark or seal a container or other thing at the place;\nopen a container if the officer considers it is necessary for exercising a power;\ntake a sample of, or from, anything at the place;\ntake an extract from, or copy, a document at the place;\ntake into, or onto, the place any person, equipment and materials the officer reasonably requires for exercising a power under this division.\n(sec.157-ssec.1) This section applies to an authorised officer who enters a place under section 150 .\n(sec.157-ssec.2) However, if an authorised officer enters a place to ask the occupier’s consent to enter premises, this section applies to the officer only if the consent is given or the entry is otherwise authorised.\n(sec.157-ssec.3) For investigating and enforcing compliance with this Act, the officer may do all or any of the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; mark or seal a container or other thing at the place; open a container if the officer considers it is necessary for exercising a power; take a sample of, or from, anything at the place; take an extract from, or copy, a document at the place; take into, or onto, the place any person, equipment and materials the officer reasonably requires for exercising a power under this division.\n- (a) search any part of the place;\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place;\n- (c) mark or seal a container or other thing at the place;\n- (d) open a container if the officer considers it is necessary for exercising a power;\n- (e) take a sample of, or from, anything at the place;\n- (f) take an extract from, or copy, a document at the place;\n- (g) take into, or onto, the place any person, equipment and materials the officer reasonably requires for exercising a power under this division.","sortOrder":212},{"sectionNumber":"sec.158","sectionType":"section","heading":"Power to require reasonable help or information","content":"### sec.158 Power to require reasonable help or information\n\nAn authorised officer may require the occupier of the place, or a person at the place, to give the officer—\nreasonable help to exercise a power under section 157 (3) ; or\ninformation, in a stated reasonable way, to help the officer ascertain whether this Act is being complied with.\nby production of a permit or record entry\nWhen making a requirement under subsection (1) , the officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nA person required to give reasonable help under subsection (1) (a) , or give information under subsection (1) (b) , must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf the person is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\n(sec.158-ssec.1) An authorised officer may require the occupier of the place, or a person at the place, to give the officer— reasonable help to exercise a power under section 157 (3) ; or information, in a stated reasonable way, to help the officer ascertain whether this Act is being complied with. by production of a permit or record entry\n(sec.158-ssec.2) When making a requirement under subsection (1) , the officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.158-ssec.3) A person required to give reasonable help under subsection (1) (a) , or give information under subsection (1) (b) , must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.158-ssec.4) If the person is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\n- (a) reasonable help to exercise a power under section 157 (3) ; or\n- (b) information, in a stated reasonable way, to help the officer ascertain whether this Act is being complied with. Example of reasonable way— by production of a permit or record entry","sortOrder":213},{"sectionNumber":"sec.159","sectionType":"section","heading":"Power to give direction to leave camping site for protection, safety or minimising disturbance","content":"### sec.159 Power to give direction to leave camping site for protection, safety or minimising disturbance\n\nAn authorised officer may give a person camping in part of a recreation area (the camping site ) an oral or written direction requiring the person, and each other person camping with the person, to immediately—\nleave the camping site; and\nremove all of the person’s possessions and the equipment or other things being used for camping from the site.\nHowever, the officer may give the direction only if the officer reasonably believes it is necessary for the person, and the other persons camping with the person, to leave the site to—\nprotect cultural or natural resources in the recreation area; or\nsecure the safety of a person or a person’s property; or\nminimise disturbance to persons in the recreation area.\nIn giving the direction the authorised officer must advise the reason why the direction has been given.\nA person to whom the direction is given, and each other person camping with the person, must, unless the person has a reasonable excuse, comply with the direction.\nMaximum penalty for subsection (4) —50 penalty units.\n(sec.159-ssec.1) An authorised officer may give a person camping in part of a recreation area (the camping site ) an oral or written direction requiring the person, and each other person camping with the person, to immediately— leave the camping site; and remove all of the person’s possessions and the equipment or other things being used for camping from the site.\n(sec.159-ssec.2) However, the officer may give the direction only if the officer reasonably believes it is necessary for the person, and the other persons camping with the person, to leave the site to— protect cultural or natural resources in the recreation area; or secure the safety of a person or a person’s property; or minimise disturbance to persons in the recreation area.\n(sec.159-ssec.3) In giving the direction the authorised officer must advise the reason why the direction has been given.\n(sec.159-ssec.4) A person to whom the direction is given, and each other person camping with the person, must, unless the person has a reasonable excuse, comply with the direction. Maximum penalty for subsection (4) —50 penalty units.\n- (a) leave the camping site; and\n- (b) remove all of the person’s possessions and the equipment or other things being used for camping from the site.\n- (a) protect cultural or natural resources in the recreation area; or\n- (b) secure the safety of a person or a person’s property; or\n- (c) minimise disturbance to persons in the recreation area.","sortOrder":214},{"sectionNumber":"sec.160","sectionType":"section","heading":"Power to give direction to leave camping site for person camping at same site for long periods","content":"### sec.160 Power to give direction to leave camping site for person camping at same site for long periods\n\nAn authorised officer may give a person camping in part of a recreation area (the camping site ) a written direction stating the person, and each person camping with the person, must—\nleave the camping site; and\nremove all of the person’s possessions and the equipment or other things being used for camping from the site; and\nnot return to the site for a stated period.\nHowever, the officer may give the direction only if—\nthe officer reasonably believes—\nthe same, or predominantly the same, equipment or other things used for camping have occupied the site for 30 days or more and it is necessary or desirable to allow the site to be used by another person who is authorised under this Act to camp at the site; or\nthe natural condition of the site has been, or is being, degraded by the presence of the equipment or other things being used for camping at the site; or\nit is necessary for the person to leave the site for health or safety reasons; and\nanother part of the recreation area is available for the person to use for camping.\nThe direction must state the reason why the direction has been given.\nA person to whom the direction is given, and each person camping with the person, must comply with the direction.\nMaximum penalty for subsection (4) —50 penalty units.\n(sec.160-ssec.1) An authorised officer may give a person camping in part of a recreation area (the camping site ) a written direction stating the person, and each person camping with the person, must— leave the camping site; and remove all of the person’s possessions and the equipment or other things being used for camping from the site; and not return to the site for a stated period.\n(sec.160-ssec.2) However, the officer may give the direction only if— the officer reasonably believes— the same, or predominantly the same, equipment or other things used for camping have occupied the site for 30 days or more and it is necessary or desirable to allow the site to be used by another person who is authorised under this Act to camp at the site; or the natural condition of the site has been, or is being, degraded by the presence of the equipment or other things being used for camping at the site; or it is necessary for the person to leave the site for health or safety reasons; and another part of the recreation area is available for the person to use for camping.\n(sec.160-ssec.3) The direction must state the reason why the direction has been given.\n(sec.160-ssec.4) A person to whom the direction is given, and each person camping with the person, must comply with the direction. Maximum penalty for subsection (4) —50 penalty units.\n- (a) leave the camping site; and\n- (b) remove all of the person’s possessions and the equipment or other things being used for camping from the site; and\n- (c) not return to the site for a stated period.\n- (a) the officer reasonably believes— (i) the same, or predominantly the same, equipment or other things used for camping have occupied the site for 30 days or more and it is necessary or desirable to allow the site to be used by another person who is authorised under this Act to camp at the site; or (ii) the natural condition of the site has been, or is being, degraded by the presence of the equipment or other things being used for camping at the site; or (iii) it is necessary for the person to leave the site for health or safety reasons; and\n- (i) the same, or predominantly the same, equipment or other things used for camping have occupied the site for 30 days or more and it is necessary or desirable to allow the site to be used by another person who is authorised under this Act to camp at the site; or\n- (ii) the natural condition of the site has been, or is being, degraded by the presence of the equipment or other things being used for camping at the site; or\n- (iii) it is necessary for the person to leave the site for health or safety reasons; and\n- (b) another part of the recreation area is available for the person to use for camping.\n- (i) the same, or predominantly the same, equipment or other things used for camping have occupied the site for 30 days or more and it is necessary or desirable to allow the site to be used by another person who is authorised under this Act to camp at the site; or\n- (ii) the natural condition of the site has been, or is being, degraded by the presence of the equipment or other things being used for camping at the site; or\n- (iii) it is necessary for the person to leave the site for health or safety reasons; and","sortOrder":215},{"sectionNumber":"sec.161","sectionType":"section","heading":"Power to give direction about fires","content":"### sec.161 Power to give direction about fires\n\nIf an authorised officer reasonably believes a fire in a recreation area is, or may become, a hazard to the area, a person or property, the authorised officer may—\ngive the person apparently in charge of the fire an oral or written direction to put the fire out or lower its intensity to a reasonable level; or\nput out the fire.\na prevailing strong wind appears likely to carry wind-borne embers away from the fire\nThe person must comply with the direction.\nMaximum penalty—165 penalty units.\n(sec.161-ssec.1) If an authorised officer reasonably believes a fire in a recreation area is, or may become, a hazard to the area, a person or property, the authorised officer may— give the person apparently in charge of the fire an oral or written direction to put the fire out or lower its intensity to a reasonable level; or put out the fire. a prevailing strong wind appears likely to carry wind-borne embers away from the fire\n(sec.161-ssec.2) The person must comply with the direction. Maximum penalty—165 penalty units.\n- (a) give the person apparently in charge of the fire an oral or written direction to put the fire out or lower its intensity to a reasonable level; or\n- (b) put out the fire.","sortOrder":216},{"sectionNumber":"sec.162","sectionType":"section","heading":"Power to give direction about dogs","content":"### sec.162 Power to give direction about dogs\n\nAn authorised officer may give a person in control of a dog in a recreation area an oral or written direction to remove the dog from the area if the officer reasonably believes that the dog—\nis unlawfully in the area; or\nhas been causing a nuisance or disturbance; or\nis a danger to persons, other dogs or wildlife in the area.\nThe person must—\nremove the dog from the area; and\nensure the dog is not returned to the area within 24 hours after its removal.\nMaximum penalty—40 penalty units.\n(sec.162-ssec.1) An authorised officer may give a person in control of a dog in a recreation area an oral or written direction to remove the dog from the area if the officer reasonably believes that the dog— is unlawfully in the area; or has been causing a nuisance or disturbance; or is a danger to persons, other dogs or wildlife in the area.\n(sec.162-ssec.2) The person must— remove the dog from the area; and ensure the dog is not returned to the area within 24 hours after its removal. Maximum penalty—40 penalty units.\n- (a) is unlawfully in the area; or\n- (b) has been causing a nuisance or disturbance; or\n- (c) is a danger to persons, other dogs or wildlife in the area.\n- (a) remove the dog from the area; and\n- (b) ensure the dog is not returned to the area within 24 hours after its removal.","sortOrder":217},{"sectionNumber":"sec.163","sectionType":"section","heading":"Power to stop persons","content":"### sec.163 Power to stop persons\n\nAn authorised officer may require a person to stop, and not to move on until permitted by the officer, if the officer—\nreasonably suspects the person is committing an offence against this Act; or\nfinds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act.\nThe officer may require the person not to move on only for as long as is reasonably necessary for the officer to exercise the officer’s powers under this Act in relation to the person.\nA person must comply with a requirement under subsection (1) , unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —100 penalty units.\ns 163 amd 2011 No. 6 s 133\n(sec.163-ssec.1) An authorised officer may require a person to stop, and not to move on until permitted by the officer, if the officer— reasonably suspects the person is committing an offence against this Act; or finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act.\n(sec.163-ssec.2) The officer may require the person not to move on only for as long as is reasonably necessary for the officer to exercise the officer’s powers under this Act in relation to the person.\n(sec.163-ssec.3) A person must comply with a requirement under subsection (1) , unless the person has a reasonable excuse. Maximum penalty for subsection (3) —100 penalty units.\n- (a) reasonably suspects the person is committing an offence against this Act; or\n- (b) finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act.","sortOrder":218},{"sectionNumber":"sec.164","sectionType":"section","heading":"Power to require name and address","content":"### sec.164 Power to require name and address\n\nAn authorised officer may require a person to state the person’s name and residential or business address if the officer—\nfinds the person committing, or about to commit, an offence against this Act; or\nfinds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act.\nWhen making the requirement, the officer must warn the person it is an offence to fail to state the person’s name or address unless the person has a reasonable excuse.\nThe officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name and address; or\notherwise be able to give the evidence.\n(sec.164-ssec.1) An authorised officer may require a person to state the person’s name and residential or business address if the officer— finds the person committing, or about to commit, an offence against this Act; or finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act.\n(sec.164-ssec.2) When making the requirement, the officer must warn the person it is an offence to fail to state the person’s name or address unless the person has a reasonable excuse.\n(sec.164-ssec.3) The officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name and address; or otherwise be able to give the evidence.\n- (a) finds the person committing, or about to commit, an offence against this Act; or\n- (b) finds the person in circumstances that lead, or has information that leads, the officer to reasonably suspect the person has committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name and address; or\n- (b) otherwise be able to give the evidence.","sortOrder":219},{"sectionNumber":"sec.165","sectionType":"section","heading":"Failure to give name or address","content":"### sec.165 Failure to give name or address\n\nA person of whom a requirement is made under section 164 (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe requirement was given because the officer suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.165-ssec.1) A person of whom a requirement is made under section 164 (1) or (3) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.165-ssec.2) A person does not commit an offence against subsection (1) if— the requirement was given because the officer suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the requirement was given because the officer suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":220},{"sectionNumber":"sec.166","sectionType":"section","heading":"Power to require information about contravention","content":"### sec.166 Power to require information about contravention\n\nThis section applies if an authorised officer reasonably believes—\nthis Act has been contravened; and\na person may be able to give information about the contravention.\nThe officer may require the person to give information in the person’s knowledge about the contravention within a stated reasonable time and in a stated reasonable way.\nby production of a permit, corresponding authority or record book entry\nWhen making a requirement under subsection (2) , the officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nA person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf the person is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\nThe officer may—\ncopy a document given to the officer under this section; and\nkeep the document only for as long as is reasonably necessary to make the copy.\n(sec.166-ssec.1) This section applies if an authorised officer reasonably believes— this Act has been contravened; and a person may be able to give information about the contravention.\n(sec.166-ssec.2) The officer may require the person to give information in the person’s knowledge about the contravention within a stated reasonable time and in a stated reasonable way. by production of a permit, corresponding authority or record book entry\n(sec.166-ssec.3) When making a requirement under subsection (2) , the officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.166-ssec.4) A person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.166-ssec.5) If the person is an individual, it is a reasonable excuse for the individual not to comply with the requirement if complying with the requirement might tend to incriminate the individual.\n(sec.166-ssec.6) The officer may— copy a document given to the officer under this section; and keep the document only for as long as is reasonably necessary to make the copy.\n- (a) this Act has been contravened; and\n- (b) a person may be able to give information about the contravention.\n- (a) copy a document given to the officer under this section; and\n- (b) keep the document only for as long as is reasonably necessary to make the copy.","sortOrder":221},{"sectionNumber":"sec.167","sectionType":"section","heading":"Power to give direction to leave recreation area","content":"### sec.167 Power to give direction to leave recreation area\n\nSubsection (2) applies if, in a recreation area, an authorised officer—\nfinds a person committing, or about to commit, an offence against this Act; or\nfinds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Act; or\nhas information that leads the officer to reasonably suspect a person has committed an offence against this Act.\nThe authorised officer may direct the person to immediately leave the recreation area or a stated part of it if the officer reasonably believes it is necessary to do so—\nto prevent continuation of the offence; or\nto secure evidence of the offence; or\nto prevent another offence from being committed.\nThe person must comply with the direction and not re-enter the area or part within 24 hours after leaving.\nMaximum penalty—80 penalty units.\nIf an authorised officer reasonably believes circumstances exist that are a danger to a person, or the person’s property, in a recreation area, the officer may direct the person to leave the area, or the part of the area, where the danger exists.\nIf an authorised officer reasonably believes the presence of a person in a recreation area may interfere with an emergency or rescue activity, the officer may direct the person to leave the area, or the part of the area, where the emergency or activity is taking place.\nA person must comply with a direction given under subsection (4) or (5) .\nMaximum penalty—80 penalty units.\nIf a person fails to comply with a direction given under this section, an authorised officer may take the steps that appear to the officer to be reasonable and necessary to secure compliance with the direction, including, for example—\nusing reasonable force; and\nremoving the person’s property to a place inside or outside the recreation area.\n(sec.167-ssec.1) Subsection (2) applies if, in a recreation area, an authorised officer— finds a person committing, or about to commit, an offence against this Act; or finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Act; or has information that leads the officer to reasonably suspect a person has committed an offence against this Act.\n(sec.167-ssec.2) The authorised officer may direct the person to immediately leave the recreation area or a stated part of it if the officer reasonably believes it is necessary to do so— to prevent continuation of the offence; or to secure evidence of the offence; or to prevent another offence from being committed.\n(sec.167-ssec.3) The person must comply with the direction and not re-enter the area or part within 24 hours after leaving. Maximum penalty—80 penalty units.\n(sec.167-ssec.4) If an authorised officer reasonably believes circumstances exist that are a danger to a person, or the person’s property, in a recreation area, the officer may direct the person to leave the area, or the part of the area, where the danger exists.\n(sec.167-ssec.5) If an authorised officer reasonably believes the presence of a person in a recreation area may interfere with an emergency or rescue activity, the officer may direct the person to leave the area, or the part of the area, where the emergency or activity is taking place.\n(sec.167-ssec.6) A person must comply with a direction given under subsection (4) or (5) . Maximum penalty—80 penalty units.\n(sec.167-ssec.7) If a person fails to comply with a direction given under this section, an authorised officer may take the steps that appear to the officer to be reasonable and necessary to secure compliance with the direction, including, for example— using reasonable force; and removing the person’s property to a place inside or outside the recreation area.\n- (a) finds a person committing, or about to commit, an offence against this Act; or\n- (b) finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Act; or\n- (c) has information that leads the officer to reasonably suspect a person has committed an offence against this Act.\n- (a) to prevent continuation of the offence; or\n- (b) to secure evidence of the offence; or\n- (c) to prevent another offence from being committed.\n- (a) using reasonable force; and\n- (b) removing the person’s property to a place inside or outside the recreation area.","sortOrder":222},{"sectionNumber":"sec.168","sectionType":"section","heading":"Power to stop and search vehicle, vessel, aircraft or recreational craft","content":"### sec.168 Power to stop and search vehicle, vessel, aircraft or recreational craft\n\nThis section applies if an authorised officer suspects on reasonable grounds that—\na vehicle, vessel, aircraft or recreational craft is being, or has been, used in the commission of an offence against this Act; or\na vehicle, vessel, aircraft or recreational craft, or anything on or in it may provide evidence of the commission of an offence against this Act.\nThe officer may, with necessary and reasonable help and force, and without consent or a warrant—\nenter or board the vehicle, vessel, aircraft or recreational craft; and\nexercise the powers set out in section 157 (3) .\nIf the vehicle, vessel, aircraft or recreational craft is moving, or is about to move, the officer may signal the person controlling it, to stop or not to move it.\nThe person must obey the signal given under subsection (3) , unless the person has a reasonable excuse.\nMaximum penalty—165 penalty units.\nIt is a reasonable excuse for the person to fail to stop or to move the vehicle, vessel, aircraft or recreational craft if—\nto immediately obey the signal would endanger the person or someone else; and\nthe person obeys the signal as soon as it is practicable to obey the signal.\n(sec.168-ssec.1) This section applies if an authorised officer suspects on reasonable grounds that— a vehicle, vessel, aircraft or recreational craft is being, or has been, used in the commission of an offence against this Act; or a vehicle, vessel, aircraft or recreational craft, or anything on or in it may provide evidence of the commission of an offence against this Act.\n(sec.168-ssec.2) The officer may, with necessary and reasonable help and force, and without consent or a warrant— enter or board the vehicle, vessel, aircraft or recreational craft; and exercise the powers set out in section 157 (3) .\n(sec.168-ssec.3) If the vehicle, vessel, aircraft or recreational craft is moving, or is about to move, the officer may signal the person controlling it, to stop or not to move it.\n(sec.168-ssec.4) The person must obey the signal given under subsection (3) , unless the person has a reasonable excuse. Maximum penalty—165 penalty units.\n(sec.168-ssec.5) It is a reasonable excuse for the person to fail to stop or to move the vehicle, vessel, aircraft or recreational craft if— to immediately obey the signal would endanger the person or someone else; and the person obeys the signal as soon as it is practicable to obey the signal.\n- (a) a vehicle, vessel, aircraft or recreational craft is being, or has been, used in the commission of an offence against this Act; or\n- (b) a vehicle, vessel, aircraft or recreational craft, or anything on or in it may provide evidence of the commission of an offence against this Act.\n- (a) enter or board the vehicle, vessel, aircraft or recreational craft; and\n- (b) exercise the powers set out in section 157 (3) .\n- (a) to immediately obey the signal would endanger the person or someone else; and\n- (b) the person obeys the signal as soon as it is practicable to obey the signal.","sortOrder":223},{"sectionNumber":"sec.169","sectionType":"section","heading":"Power to require driver or person in control of vehicle, vessel, aircraft or recreational craft to give reasonable help","content":"### sec.169 Power to require driver or person in control of vehicle, vessel, aircraft or recreational craft to give reasonable help\n\nAn authorised officer may require the driver or the person in control of a vehicle, vessel, aircraft or recreational craft—\nto give the officer reasonable help to enable the vehicle, vessel, aircraft or recreational craft to be boarded or entered under section 168 (2) ; or\nto bring the vehicle, vessel, aircraft or recreational craft to a specified place and remain in control of it at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to it.\nA person must not contravene a requirement under subsection (1) , unless the person has a reasonable excuse.\nMaximum penalty—165 penalty units.\n(sec.169-ssec.1) An authorised officer may require the driver or the person in control of a vehicle, vessel, aircraft or recreational craft— to give the officer reasonable help to enable the vehicle, vessel, aircraft or recreational craft to be boarded or entered under section 168 (2) ; or to bring the vehicle, vessel, aircraft or recreational craft to a specified place and remain in control of it at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to it.\n(sec.169-ssec.2) A person must not contravene a requirement under subsection (1) , unless the person has a reasonable excuse. Maximum penalty—165 penalty units.\n- (a) to give the officer reasonable help to enable the vehicle, vessel, aircraft or recreational craft to be boarded or entered under section 168 (2) ; or\n- (b) to bring the vehicle, vessel, aircraft or recreational craft to a specified place and remain in control of it at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to it.","sortOrder":224},{"sectionNumber":"sec.170","sectionType":"section","heading":"Power to give direction about vehicle, vessel, aircraft or recreational craft","content":"### sec.170 Power to give direction about vehicle, vessel, aircraft or recreational craft\n\nIf an authorised officer believes it is reasonably necessary, the officer may give the person in control of a vehicle, vessel, aircraft or recreational craft in a recreation area an oral or written direction regulating or prohibiting the driving, riding, parking, mooring or use of it in the area.\nThe direction may also be given in a way that sufficiently shows the officer’s intention.\nby use of a sign or signal\nThe directions the officer may give include directions for all or any of the following—\npreventing or remedying any harm to, or loss or destruction of, the area’s cultural or natural resources;\nsecuring the safety of a person or a person’s property;\nminimising disturbance to persons in the area.\nWithout limiting subsection (3) , a direction may require the person in control of a vehicle, vessel, aircraft or recreational craft to remove it from the area.\nA person must comply with a direction given under this section, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is not a reasonable excuse that the person holds an authority that is inconsistent with the direction.\n(sec.170-ssec.1) If an authorised officer believes it is reasonably necessary, the officer may give the person in control of a vehicle, vessel, aircraft or recreational craft in a recreation area an oral or written direction regulating or prohibiting the driving, riding, parking, mooring or use of it in the area.\n(sec.170-ssec.2) The direction may also be given in a way that sufficiently shows the officer’s intention. by use of a sign or signal\n(sec.170-ssec.3) The directions the officer may give include directions for all or any of the following— preventing or remedying any harm to, or loss or destruction of, the area’s cultural or natural resources; securing the safety of a person or a person’s property; minimising disturbance to persons in the area.\n(sec.170-ssec.4) Without limiting subsection (3) , a direction may require the person in control of a vehicle, vessel, aircraft or recreational craft to remove it from the area.\n(sec.170-ssec.5) A person must comply with a direction given under this section, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.170-ssec.6) It is not a reasonable excuse that the person holds an authority that is inconsistent with the direction.\n- (a) preventing or remedying any harm to, or loss or destruction of, the area’s cultural or natural resources;\n- (b) securing the safety of a person or a person’s property;\n- (c) minimising disturbance to persons in the area.","sortOrder":225},{"sectionNumber":"sec.171","sectionType":"section","heading":"Seizing evidence at a place entered under s 150","content":"### sec.171 Seizing evidence at a place entered under s 150\n\nAn authorised officer who enters a place with the consent of the occupier under section 150 (1) (a) may seize a thing at the place if—\nthe officer believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nAn authorised officer who enters a public place under section 150 (1) (b) may seize a thing at the place if the officer reasonably believes the thing is evidence of an offence against this Act.\nAn authorised officer who enters a place under a warrant under section 150 (1) (c) may seize the evidence for which the warrant was issued.\nAn authorised officer who enters a place of business under section 150 (1) (d) , may seize a thing at the place if the officer reasonably believes the thing is evidence of an offence against this Act.\nThe officer may also seize anything else at a place entered under section 150 (1) if the officer believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sec.171-ssec.1) An authorised officer who enters a place with the consent of the occupier under section 150 (1) (a) may seize a thing at the place if— the officer believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.171-ssec.2) An authorised officer who enters a public place under section 150 (1) (b) may seize a thing at the place if the officer reasonably believes the thing is evidence of an offence against this Act.\n(sec.171-ssec.3) An authorised officer who enters a place under a warrant under section 150 (1) (c) may seize the evidence for which the warrant was issued.\n(sec.171-ssec.4) An authorised officer who enters a place of business under section 150 (1) (d) , may seize a thing at the place if the officer reasonably believes the thing is evidence of an offence against this Act.\n(sec.171-ssec.5) The officer may also seize anything else at a place entered under section 150 (1) if the officer believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n- (a) the officer believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.","sortOrder":226},{"sectionNumber":"sec.172","sectionType":"section","heading":"Seizing evidence on or in vehicle, vessel, aircraft or recreational craft entered or boarded under s 168","content":"### sec.172 Seizing evidence on or in vehicle, vessel, aircraft or recreational craft entered or boarded under s 168\n\nAn authorised officer who enters or boards a vehicle, vessel, aircraft or recreational craft under section 168 (2) may seize a thing on or in the vehicle, vessel, aircraft or recreational craft if the officer reasonably believes the thing is evidence of an offence against this Act.","sortOrder":227},{"sectionNumber":"sec.173","sectionType":"section","heading":"Powers in support of seizure","content":"### sec.173 Powers in support of seizure\n\nTo enable a thing to be seized, an authorised officer may, by written notice given to the person in control of the thing, direct the person—\nto take it to a specified reasonable place by a specified reasonable time; and\nif necessary, to remain in control of it at the place for a reasonable time.\nIf, for any reason, it is not practicable to give the direction by a written notice, the direction may be given orally and confirmed by written notice as soon as practicable.\nA person must comply with a direction given under this section, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nNothing in this section prevents an authorised officer making a further direction under this section of the same person or of someone else in relation to the same thing, if it is necessary and reasonable to make the further direction.\n(sec.173-ssec.1) To enable a thing to be seized, an authorised officer may, by written notice given to the person in control of the thing, direct the person— to take it to a specified reasonable place by a specified reasonable time; and if necessary, to remain in control of it at the place for a reasonable time.\n(sec.173-ssec.2) If, for any reason, it is not practicable to give the direction by a written notice, the direction may be given orally and confirmed by written notice as soon as practicable.\n(sec.173-ssec.3) A person must comply with a direction given under this section, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.173-ssec.4) Nothing in this section prevents an authorised officer making a further direction under this section of the same person or of someone else in relation to the same thing, if it is necessary and reasonable to make the further direction.\n- (a) to take it to a specified reasonable place by a specified reasonable time; and\n- (b) if necessary, to remain in control of it at the place for a reasonable time.","sortOrder":228},{"sectionNumber":"sec.174","sectionType":"section","heading":"Securing seized things","content":"### sec.174 Securing seized things\n\nHaving seized a thing, an authorised officer may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but—\ntake reasonable action to restrict access, or prevent or mitigate damage, to it; or\nmarking, sealing, tagging or otherwise identifying the thing to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted\ndirect the person the officer reasonably believes is in control of the thing to take reasonable action to restrict access, or prevent or mitigate damage, to it; or\nfor equipment—make it inoperable, or direct the person the officer reasonably believes is in control of the thing to make it inoperable.\ndismantling equipment or removing a component of equipment without which the equipment is not capable of being used\nA person to whom a direction is given under subsection (1) (b) (ii) or (c) must comply with the direction.\nMaximum penalty—100 penalty units.\n(sec.174-ssec.1) Having seized a thing, an authorised officer may— move the thing from the place where it was seized (the place of seizure ); or leave the thing at the place of seizure but— take reasonable action to restrict access, or prevent or mitigate damage, to it; or marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted direct the person the officer reasonably believes is in control of the thing to take reasonable action to restrict access, or prevent or mitigate damage, to it; or for equipment—make it inoperable, or direct the person the officer reasonably believes is in control of the thing to make it inoperable. dismantling equipment or removing a component of equipment without which the equipment is not capable of being used\n(sec.174-ssec.2) A person to whom a direction is given under subsection (1) (b) (ii) or (c) must comply with the direction. Maximum penalty—100 penalty units.\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but— (i) take reasonable action to restrict access, or prevent or mitigate damage, to it; or Example of restricting access— • marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted • sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted (ii) direct the person the officer reasonably believes is in control of the thing to take reasonable action to restrict access, or prevent or mitigate damage, to it; or\n- (i) take reasonable action to restrict access, or prevent or mitigate damage, to it; or Example of restricting access— • marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted • sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted\n- • marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted\n- • sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted\n- (ii) direct the person the officer reasonably believes is in control of the thing to take reasonable action to restrict access, or prevent or mitigate damage, to it; or\n- (c) for equipment—make it inoperable, or direct the person the officer reasonably believes is in control of the thing to make it inoperable. Example of making equipment inoperable— dismantling equipment or removing a component of equipment without which the equipment is not capable of being used\n- (i) take reasonable action to restrict access, or prevent or mitigate damage, to it; or Example of restricting access— • marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted • sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted\n- • marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted\n- • sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted\n- (ii) direct the person the officer reasonably believes is in control of the thing to take reasonable action to restrict access, or prevent or mitigate damage, to it; or\n- • marking, sealing, tagging or otherwise identifying the thing to show access to it is restricted\n- • sealing the entrance to a room where the thing is situated and marking the entrance to show access to the thing is restricted","sortOrder":229},{"sectionNumber":"sec.175","sectionType":"section","heading":"Tampering with seized things","content":"### sec.175 Tampering with seized things\n\nIf an authorised officer restricts access to a seized thing, a person must not tamper or attempt to tamper with it, or something restricting access to it, without an authorised officer’s approval.\nMaximum penalty—100 penalty units.\nIf an authorised officer or a person acting at the officer’s direction makes seized equipment inoperable, a person must not tamper or attempt to tamper with the equipment, without an authorised officer’s approval.\nMaximum penalty—100 penalty units.\n(sec.175-ssec.1) If an authorised officer restricts access to a seized thing, a person must not tamper or attempt to tamper with it, or something restricting access to it, without an authorised officer’s approval. Maximum penalty—100 penalty units.\n(sec.175-ssec.2) If an authorised officer or a person acting at the officer’s direction makes seized equipment inoperable, a person must not tamper or attempt to tamper with the equipment, without an authorised officer’s approval. Maximum penalty—100 penalty units.","sortOrder":230},{"sectionNumber":"sec.176","sectionType":"section","heading":"Receipt for seized things","content":"### sec.176 Receipt for seized things\n\nAfter an authorised officer seizes a thing, the officer must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\n(sec.176-ssec.1) After an authorised officer seizes a thing, the officer must give a receipt for it to the person from whom it was seized.\n(sec.176-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.176-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.176-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":231},{"sectionNumber":"sec.177","sectionType":"section","heading":"Authorised officer may dispose of natural resources unlawfully taken","content":"### sec.177 Authorised officer may dispose of natural resources unlawfully taken\n\nThis section applies if a natural resource is seized under this Act and an authorised officer reasonably believes the resource has been taken unlawfully.\nDespite any other provision of this Act, the officer may deal with or dispose of the resource in the way the officer considers appropriate if the officer is satisfied that it is necessary to do so—\nin the interests of the welfare of the resource; or\nto conserve the resource or environment.\nSubsection (2) applies even though a proceeding has not been started for, or a person convicted of, an offence.\nIn this section—\ntake , a natural resource, includes remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, land from a vessel or otherwise remove the resource.\n(sec.177-ssec.1) This section applies if a natural resource is seized under this Act and an authorised officer reasonably believes the resource has been taken unlawfully.\n(sec.177-ssec.2) Despite any other provision of this Act, the officer may deal with or dispose of the resource in the way the officer considers appropriate if the officer is satisfied that it is necessary to do so— in the interests of the welfare of the resource; or to conserve the resource or environment.\n(sec.177-ssec.3) Subsection (2) applies even though a proceeding has not been started for, or a person convicted of, an offence.\n(sec.177-ssec.4) In this section— take , a natural resource, includes remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, land from a vessel or otherwise remove the resource.\n- (a) in the interests of the welfare of the resource; or\n- (b) to conserve the resource or environment.","sortOrder":232},{"sectionNumber":"sec.178","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.178 Forfeiture of seized things\n\nA thing that has been seized under this subdivision and not dealt with or disposed of under section 177 is forfeited to the State if the authorised officer who seized the thing—\ncan not find its owner after making reasonable inquiries; or\ncan not return it to its owner after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nthe owner of the thing has migrated to another country\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\nIn this section—\nowner , of property, includes the person in possession or control of it.\n(sec.178-ssec.1) A thing that has been seized under this subdivision and not dealt with or disposed of under section 177 is forfeited to the State if the authorised officer who seized the thing— can not find its owner after making reasonable inquiries; or can not return it to its owner after making reasonable efforts.\n(sec.178-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. the owner of the thing has migrated to another country\n(sec.178-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.178-ssec.4) In this section— owner , of property, includes the person in possession or control of it.\n- (a) can not find its owner after making reasonable inquiries; or\n- (b) can not return it to its owner after making reasonable efforts.\n- (a) subsection (1) (a) does not require the officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. Example for subsection (2) (b) — the owner of the thing has migrated to another country\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":233},{"sectionNumber":"sec.179","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.179 Dealing with forfeited things\n\nOn the forfeiture of a thing to the State, it becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may destroy or otherwise dispose of the thing.\n(sec.179-ssec.1) On the forfeiture of a thing to the State, it becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.179-ssec.2) Without limiting subsection (1) , the chief executive may destroy or otherwise dispose of the thing.","sortOrder":234},{"sectionNumber":"sec.180","sectionType":"section","heading":"Return of seized things","content":"### sec.180 Return of seized things\n\nIf a seized thing is not disposed of under section 177 or forfeited under section 178 , the authorised officer must return it to the person from whom it was seized—\nat the end of 6 months after its seizure; or\nif proceedings involving the thing are started within the 6 months, at the end of the proceedings and any appeal from the proceedings.\nDespite subsection (1) , unless a thing that has been seized as evidence is disposed of or forfeited as mentioned in the subsection, the officer must immediately return it to the person from whom it was seized if the officer stops being satisfied its continued retention as evidence is necessary.\n(sec.180-ssec.1) If a seized thing is not disposed of under section 177 or forfeited under section 178 , the authorised officer must return it to the person from whom it was seized— at the end of 6 months after its seizure; or if proceedings involving the thing are started within the 6 months, at the end of the proceedings and any appeal from the proceedings.\n(sec.180-ssec.2) Despite subsection (1) , unless a thing that has been seized as evidence is disposed of or forfeited as mentioned in the subsection, the officer must immediately return it to the person from whom it was seized if the officer stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months after its seizure; or\n- (b) if proceedings involving the thing are started within the 6 months, at the end of the proceedings and any appeal from the proceedings.","sortOrder":235},{"sectionNumber":"sec.181","sectionType":"section","heading":"Access to seized things","content":"### sec.181 Access to seized things\n\nUntil a seized thing is disposed of, forfeited or returned, an authorised officer must allow the person from whom it was seized to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.181-ssec.1) Until a seized thing is disposed of, forfeited or returned, an authorised officer must allow the person from whom it was seized to inspect it and, if it is a document, to copy it.\n(sec.181-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":236},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Dealing with abandoned property and unauthorised structures and works","content":"## Dealing with abandoned property and unauthorised structures and works","sortOrder":237},{"sectionNumber":"sec.182","sectionType":"section","heading":"Abandoned property","content":"### sec.182 Abandoned property\n\nThis section applies if an authorised officer reasonably believes property, other than a structure or works mentioned in section 183 , has been abandoned in a recreation area and needs to be removed from the area.\nThe authorised officer may—\nseize the property and take the steps that are reasonable and necessary to remove it; or\nif the name of a person responsible for the property is known—give the person a written notice; or\nif the name of a person responsible for the property is not known—\nif practicable, display a notice in a prominent position on the property; and\nif the authorised officer believes the property has a market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.\nA notice under this section requires a person responsible for the property, within a stated period, to take reasonable action to—\nremove the property; and\nrestore the place from which it is removed, as nearly as practicable, to its former state.\nThe stated period must be reasonable in the circumstances and at least 20 business days after the notice is given or displayed.\nA person given a notice under subsection (2) (b) must ensure the notice is complied with, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf the property is not removed within the time stated in the notice, the officer may seize the property and take the steps that are reasonable and necessary to remove it.\nIn this section—\nperson responsible , for abandoned property, includes the person in control of the property immediately before it was abandoned.\n(sec.182-ssec.1) This section applies if an authorised officer reasonably believes property, other than a structure or works mentioned in section 183 , has been abandoned in a recreation area and needs to be removed from the area.\n(sec.182-ssec.2) The authorised officer may— seize the property and take the steps that are reasonable and necessary to remove it; or if the name of a person responsible for the property is known—give the person a written notice; or if the name of a person responsible for the property is not known— if practicable, display a notice in a prominent position on the property; and if the authorised officer believes the property has a market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.\n(sec.182-ssec.3) A notice under this section requires a person responsible for the property, within a stated period, to take reasonable action to— remove the property; and restore the place from which it is removed, as nearly as practicable, to its former state.\n(sec.182-ssec.4) The stated period must be reasonable in the circumstances and at least 20 business days after the notice is given or displayed.\n(sec.182-ssec.5) A person given a notice under subsection (2) (b) must ensure the notice is complied with, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.182-ssec.6) If the property is not removed within the time stated in the notice, the officer may seize the property and take the steps that are reasonable and necessary to remove it.\n(sec.182-ssec.7) In this section— person responsible , for abandoned property, includes the person in control of the property immediately before it was abandoned.\n- (a) seize the property and take the steps that are reasonable and necessary to remove it; or\n- (b) if the name of a person responsible for the property is known—give the person a written notice; or\n- (c) if the name of a person responsible for the property is not known— (i) if practicable, display a notice in a prominent position on the property; and (ii) if the authorised officer believes the property has a market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.\n- (i) if practicable, display a notice in a prominent position on the property; and\n- (ii) if the authorised officer believes the property has a market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.\n- (i) if practicable, display a notice in a prominent position on the property; and\n- (ii) if the authorised officer believes the property has a market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.\n- (a) remove the property; and\n- (b) restore the place from which it is removed, as nearly as practicable, to its former state.","sortOrder":238},{"sectionNumber":"sec.183","sectionType":"section","heading":"Removal of unauthorised structures and works","content":"### sec.183 Removal of unauthorised structures and works\n\nThis section applies if an authorised officer reasonably believes a structure has been unlawfully erected or works have been unlawfully carried out in a recreation area and need to be removed from the area.\nThe authorised officer may—\nseize the structure or works, and anything in the structure, and take the steps that are reasonable and necessary to remove it, or if the works can not be removed, stabilise or rehabilitate the works; or\nif the name of a person responsible for the structure or works is known—give the person a written notice; or\nif the name of a person responsible for the structure or works is not known—\nif practicable, display a notice in a prominent position on the structure or works; and\nif the authorised officer believes the structure or works, and anything in the structure, has a total market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.\nA notice under this section requires a person responsible for the structure or works, within a stated period, to take reasonable action to—\nremove the structure or works, and anything in the structure, and restore the place from which it is removed, as nearly as practicable to its former state; or\nif the works can not be removed—stabilise or rehabilitate the works.\nA person who has unlawfully constructed a walking track in a recreation area may be given a notice to rehabilitate the part of the area in which the track is constructed.\nThe stated period must be reasonable in the circumstances and at least 20 business days after the notice is given or displayed.\nA person given a notice under subsection (2) (b) must ensure the notice is complied with, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf the notice is not complied with, the officer may seize the structure or works, and anything in the structure, and take the steps that are reasonable and necessary to remove it, or if the work can not be removed, stabilise or rehabilitate the works.\nIn this section—\nperson responsible , for the erection of an unlawful structure or carrying out an unlawful works, includes the person in possession of the structure or works.\n(sec.183-ssec.1) This section applies if an authorised officer reasonably believes a structure has been unlawfully erected or works have been unlawfully carried out in a recreation area and need to be removed from the area.\n(sec.183-ssec.2) The authorised officer may— seize the structure or works, and anything in the structure, and take the steps that are reasonable and necessary to remove it, or if the works can not be removed, stabilise or rehabilitate the works; or if the name of a person responsible for the structure or works is known—give the person a written notice; or if the name of a person responsible for the structure or works is not known— if practicable, display a notice in a prominent position on the structure or works; and if the authorised officer believes the structure or works, and anything in the structure, has a total market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.\n(sec.183-ssec.3) A notice under this section requires a person responsible for the structure or works, within a stated period, to take reasonable action to— remove the structure or works, and anything in the structure, and restore the place from which it is removed, as nearly as practicable to its former state; or if the works can not be removed—stabilise or rehabilitate the works. A person who has unlawfully constructed a walking track in a recreation area may be given a notice to rehabilitate the part of the area in which the track is constructed.\n(sec.183-ssec.4) The stated period must be reasonable in the circumstances and at least 20 business days after the notice is given or displayed.\n(sec.183-ssec.5) A person given a notice under subsection (2) (b) must ensure the notice is complied with, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.183-ssec.6) If the notice is not complied with, the officer may seize the structure or works, and anything in the structure, and take the steps that are reasonable and necessary to remove it, or if the work can not be removed, stabilise or rehabilitate the works.\n(sec.183-ssec.7) In this section— person responsible , for the erection of an unlawful structure or carrying out an unlawful works, includes the person in possession of the structure or works.\n- (a) seize the structure or works, and anything in the structure, and take the steps that are reasonable and necessary to remove it, or if the works can not be removed, stabilise or rehabilitate the works; or\n- (b) if the name of a person responsible for the structure or works is known—give the person a written notice; or\n- (c) if the name of a person responsible for the structure or works is not known— (i) if practicable, display a notice in a prominent position on the structure or works; and (ii) if the authorised officer believes the structure or works, and anything in the structure, has a total market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.\n- (i) if practicable, display a notice in a prominent position on the structure or works; and\n- (ii) if the authorised officer believes the structure or works, and anything in the structure, has a total market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.\n- (i) if practicable, display a notice in a prominent position on the structure or works; and\n- (ii) if the authorised officer believes the structure or works, and anything in the structure, has a total market value of more than $500—publish the notice in a newspaper circulating in the locality in which the recreation area is located.\n- (a) remove the structure or works, and anything in the structure, and restore the place from which it is removed, as nearly as practicable to its former state; or\n- (b) if the works can not be removed—stabilise or rehabilitate the works. Example of subsection (3) (b) — A person who has unlawfully constructed a walking track in a recreation area may be given a notice to rehabilitate the part of the area in which the track is constructed.","sortOrder":239},{"sectionNumber":"sec.184","sectionType":"section","heading":"Application of ss 174 to 176 to seized property, structures or works","content":"### sec.184 Application of ss 174 to 176 to seized property, structures or works\n\nThis section applies to property, structures or works seized under sections 182 or 183 .\nSections 174 to 176 apply to the property, structures or works seized as if they were things seized under division 2 , subdivision 5 .\n(sec.184-ssec.1) This section applies to property, structures or works seized under sections 182 or 183 .\n(sec.184-ssec.2) Sections 174 to 176 apply to the property, structures or works seized as if they were things seized under division 2 , subdivision 5 .","sortOrder":240},{"sectionNumber":"sec.185","sectionType":"section","heading":"Notice of seizure for property, structures, works or things with market value of more than $500","content":"### sec.185 Notice of seizure for property, structures, works or things with market value of more than $500\n\nThis section applies to—\nproperty seized under section 182 ; and\nstructures, works or things seized and removed under section 183 .\nIf an authorised officer reasonably believes the total market value of everything seized is more than $500, the authorised officer must give the owner of the things seized written notice of the seizure.\nIf the owner’s name is not known, the notice—\nmust be given in a newspaper circulating throughout the State; and\nmay, in addition, be given by displaying it in a prominent position on a permanent feature as close as possible to where the property, structure, works or thing was found.\nThe notice must state that—\nthe owner may claim the property, structure, works or thing within 2 months after the notice mentioned in subsection (2) or (3) (a) is given; and\nthe property, structure, works or thing may be disposed of if not claimed within the 2 months.\n(sec.185-ssec.1) This section applies to— property seized under section 182 ; and structures, works or things seized and removed under section 183 .\n(sec.185-ssec.2) If an authorised officer reasonably believes the total market value of everything seized is more than $500, the authorised officer must give the owner of the things seized written notice of the seizure.\n(sec.185-ssec.3) If the owner’s name is not known, the notice— must be given in a newspaper circulating throughout the State; and may, in addition, be given by displaying it in a prominent position on a permanent feature as close as possible to where the property, structure, works or thing was found.\n(sec.185-ssec.4) The notice must state that— the owner may claim the property, structure, works or thing within 2 months after the notice mentioned in subsection (2) or (3) (a) is given; and the property, structure, works or thing may be disposed of if not claimed within the 2 months.\n- (a) property seized under section 182 ; and\n- (b) structures, works or things seized and removed under section 183 .\n- (a) must be given in a newspaper circulating throughout the State; and\n- (b) may, in addition, be given by displaying it in a prominent position on a permanent feature as close as possible to where the property, structure, works or thing was found.\n- (a) the owner may claim the property, structure, works or thing within 2 months after the notice mentioned in subsection (2) or (3) (a) is given; and\n- (b) the property, structure, works or thing may be disposed of if not claimed within the 2 months.","sortOrder":241},{"sectionNumber":"sec.186","sectionType":"section","heading":"Release of seized property, structures, works or things","content":"### sec.186 Release of seized property, structures, works or things\n\nIf a person claims seized property, a structure, works or thing, the chief executive may release it to the person only if the person—\nsatisfies the chief executive the person has a right to the property, structure, works or thing; and\npays the chief executive’s reasonable costs of—\nseizing, removing and holding the property, structure, works or thing; and\ngiving notice of the seizure; and\nif notice is given of the sale of the property, structure, works or thing—giving the notice; and\nrestoring the place from which the property, structure, works or thing was removed as nearly as practicable, to its former state.\n- (a) satisfies the chief executive the person has a right to the property, structure, works or thing; and\n- (b) pays the chief executive’s reasonable costs of— (i) seizing, removing and holding the property, structure, works or thing; and (ii) giving notice of the seizure; and (iii) if notice is given of the sale of the property, structure, works or thing—giving the notice; and (iv) restoring the place from which the property, structure, works or thing was removed as nearly as practicable, to its former state.\n- (i) seizing, removing and holding the property, structure, works or thing; and\n- (ii) giving notice of the seizure; and\n- (iii) if notice is given of the sale of the property, structure, works or thing—giving the notice; and\n- (iv) restoring the place from which the property, structure, works or thing was removed as nearly as practicable, to its former state.\n- (i) seizing, removing and holding the property, structure, works or thing; and\n- (ii) giving notice of the seizure; and\n- (iii) if notice is given of the sale of the property, structure, works or thing—giving the notice; and\n- (iv) restoring the place from which the property, structure, works or thing was removed as nearly as practicable, to its former state.","sortOrder":242},{"sectionNumber":"sec.187","sectionType":"section","heading":"Procedure if seized property, structures, works or things are not claimed or are of little value","content":"### sec.187 Procedure if seized property, structures, works or things are not claimed or are of little value\n\nIf the owner of seized property, a structure, works or thing does not claim it within 2 months after the notice mentioned in section 185 (2) or (3) (a) is given, the chief executive may sell it in the way the chief executive considers will best realise its market value.\nBefore selling the property, structure, works or thing, the chief executive must publish a notice in a newspaper circulating generally in the State—\nidentifying the property, structure, works or thing; and\nstating how and when it is to be sold.\nThe time when the property, structure, works or thing may be sold must not be less than 20 business days after the notice is published.\nIf the property, structure, works or thing is not sold, the chief executive may dispose of it in the way the chief executive considers appropriate.\nAlso, if the chief executive reasonably believes the property, structure, works or thing has a market value of not more than $500, the chief executive may—\nsell it in the way the chief executive considers will best realise its market value; or\nif the chief executive considers the cost of selling it would exceed its market value—otherwise dispose of it.\nCompensation is not payable in relation to a sale or disposal under this section.\n(sec.187-ssec.1) If the owner of seized property, a structure, works or thing does not claim it within 2 months after the notice mentioned in section 185 (2) or (3) (a) is given, the chief executive may sell it in the way the chief executive considers will best realise its market value.\n(sec.187-ssec.2) Before selling the property, structure, works or thing, the chief executive must publish a notice in a newspaper circulating generally in the State— identifying the property, structure, works or thing; and stating how and when it is to be sold.\n(sec.187-ssec.3) The time when the property, structure, works or thing may be sold must not be less than 20 business days after the notice is published.\n(sec.187-ssec.4) If the property, structure, works or thing is not sold, the chief executive may dispose of it in the way the chief executive considers appropriate.\n(sec.187-ssec.5) Also, if the chief executive reasonably believes the property, structure, works or thing has a market value of not more than $500, the chief executive may— sell it in the way the chief executive considers will best realise its market value; or if the chief executive considers the cost of selling it would exceed its market value—otherwise dispose of it.\n(sec.187-ssec.6) Compensation is not payable in relation to a sale or disposal under this section.\n- (a) identifying the property, structure, works or thing; and\n- (b) stating how and when it is to be sold.\n- (a) sell it in the way the chief executive considers will best realise its market value; or\n- (b) if the chief executive considers the cost of selling it would exceed its market value—otherwise dispose of it.","sortOrder":243},{"sectionNumber":"sec.188","sectionType":"section","heading":"Application of proceeds of sale","content":"### sec.188 Application of proceeds of sale\n\nIf the chief executive sells seized property, a structure, works or thing, 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 cost of—\nseizing, removing and holding the property, structure, works or thing; and\ngiving notice of the seizure;\nin payment of the reasonable cost of work necessary to restore the site from which the property, structure, works or thing is removed as nearly as practicable, to its former state;\nin payment of any balance to the owner of the property, structure, works or thing.\n- (a) in payment of the reasonable expenses of the chief executive incurred in the sale;\n- (b) in payment of the reasonable cost of— (i) seizing, removing and holding the property, structure, works or thing; and (ii) giving notice of the seizure;\n- (i) seizing, removing and holding the property, structure, works or thing; and\n- (ii) giving notice of the seizure;\n- (c) in payment of the reasonable cost of work necessary to restore the site from which the property, structure, works or thing is removed as nearly as practicable, to its former state;\n- (d) in payment of any balance to the owner of the property, structure, works or thing.\n- (i) seizing, removing and holding the property, structure, works or thing; and\n- (ii) giving notice of the seizure;","sortOrder":244},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"General enforcement matters","content":"## General enforcement matters","sortOrder":245},{"sectionNumber":"sec.189","sectionType":"section","heading":"Authorised officer’s obligation not to cause unnecessary damage","content":"### sec.189 Authorised officer’s obligation not to cause unnecessary damage\n\nAn authorised officer must take all reasonable steps to ensure the officer does not cause any unnecessary damage to property, a structure, works or thing in exercising a power under division 2 or 3 .","sortOrder":246},{"sectionNumber":"sec.190","sectionType":"section","heading":"Notice of damage","content":"### sec.190 Notice of damage\n\nThis section applies if—\nan authorised officer damages property, a structure, works or thing when exercising or purporting to exercise a power under this part; or\na person (the other person ) acting under the direction of an authorised officer damages property, a structure, works or thing.\nThe officer must immediately give notice of particulars of the damage to the person who appears to the officer to be the owner of the property, structure, works or thing.\nIf the officer believes the damage was caused by a latent defect in the property, structure, works or thing or circumstances beyond the officer’s or other person’s control, the officer may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the officer reasonably believes is trivial.\nIn subsection (2) —\nowner , of property, structure, works or thing, includes the person in possession or control of it.\n(sec.190-ssec.1) This section applies if— an authorised officer damages property, a structure, works or thing when exercising or purporting to exercise a power under this part; or a person (the other person ) acting under the direction of an authorised officer damages property, a structure, works or thing.\n(sec.190-ssec.2) The officer must immediately give notice of particulars of the damage to the person who appears to the officer to be the owner of the property, structure, works or thing.\n(sec.190-ssec.3) If the officer believes the damage was caused by a latent defect in the property, structure, works or thing or circumstances beyond the officer’s or other person’s control, the officer may state the belief in the notice.\n(sec.190-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.190-ssec.5) This section does not apply to damage the officer reasonably believes is trivial.\n(sec.190-ssec.6) In subsection (2) — owner , of property, structure, works or thing, includes the person in possession or control of it.\n- (a) an authorised officer damages property, a structure, works or thing when exercising or purporting to exercise a power under this part; or\n- (b) a person (the other person ) acting under the direction of an authorised officer damages property, a structure, works or thing.","sortOrder":247},{"sectionNumber":"sec.191","sectionType":"section","heading":"Compensation","content":"### sec.191 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 division 2 , subdivision 1 , 3 or 5 .\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\nCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nA court may order compensation to be paid only if it is satisfied it is fair to make the order in the particular circumstances.\n(sec.191-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 division 2 , subdivision 1 , 3 or 5 .\n(sec.191-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\n(sec.191-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.191-ssec.4) A court may order compensation to be paid only if it is satisfied it is fair to make the order in the particular circumstances.","sortOrder":248},{"sectionNumber":"sec.192","sectionType":"section","heading":"False or misleading information given to authorised officer","content":"### sec.192 False or misleading information given to authorised officer\n\nA person must not state anything to an authorised officer the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.","sortOrder":249},{"sectionNumber":"sec.193","sectionType":"section","heading":"False or misleading documents given to authorised officer","content":"### sec.193 False or misleading documents given to authorised officer\n\nA person must not give an authorised officer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the officer, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information, gives the correct information.\n(sec.193-ssec.1) A person must not give an authorised officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.193-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the officer, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information.\n- (a) tells the officer, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information, gives the correct information.","sortOrder":250},{"sectionNumber":"sec.194","sectionType":"section","heading":"Obstructing authorised officer","content":"### sec.194 Obstructing authorised officer\n\nA person must not obstruct an authorised officer in the performance of a function or the exercise of a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—165 penalty units.\nIf a person has obstructed an authorised officer and the officer decides to proceed with the performance of the function or the exercise of the power, the officer must warn the person that—\nit is an offence to obstruct the officer, unless the person has a reasonable excuse; and\nthe officer considers the person’s conduct is an obstruction.\nIn this section—\nobstruct includes assault, hinder, intimidate, resist and attempt or threaten to obstruct.\ns 194 amd 2022 No. 21 s 45\n(sec.194-ssec.1) A person must not obstruct an authorised officer in the performance of a function or the exercise of a power under this Act, unless the person has a reasonable excuse. Maximum penalty—165 penalty units.\n(sec.194-ssec.2) If a person has obstructed an authorised officer and the officer decides to proceed with the performance of the function or the exercise of the power, the officer must warn the person that— it is an offence to obstruct the officer, unless the person has a reasonable excuse; and the officer considers the person’s conduct is an obstruction.\n(sec.194-ssec.3) In this section— obstruct includes assault, hinder, intimidate, resist and attempt or threaten to obstruct.\n- (a) it is an offence to obstruct the officer, unless the person has a reasonable excuse; and\n- (b) the officer considers the person’s conduct is an obstruction.","sortOrder":251},{"sectionNumber":"sec.195","sectionType":"section","heading":"Impersonating authorised officer","content":"### sec.195 Impersonating authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—50 penalty units.\ns 195 amd 2022 No. 21 s 64 s ch 1 pt 1","sortOrder":252},{"sectionNumber":"sec.195A","sectionType":"section","heading":"Impersonating ranger","content":"### sec.195A 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 recreation 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 195A ins 2022 No. 21 s 46\n(sec.195A-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 recreation area. Maximum penalty—50 penalty units.\n(sec.195A-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":253},{"sectionNumber":"pt.9","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":254},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":255},{"sectionNumber":"sec.196","sectionType":"section","heading":"Application of div 1","content":"### sec.196 Application of div 1\n\nThis division applies to a proceeding under this Act.","sortOrder":256},{"sectionNumber":"sec.197","sectionType":"section","heading":"Appointments and authority","content":"### sec.197 Appointments and authority\n\nIt is not necessary to prove the appointment of the Minister, the chief executive or an authorised officer, or the authority of the Minister, the chief executive or an authorised officer to do anything under this Act, unless a party, by reasonable notice, requires proof of the appointment or authority.","sortOrder":257},{"sectionNumber":"sec.198","sectionType":"section","heading":"Signatures","content":"### sec.198 Signatures\n\nA signature purporting to be the signature of the Minister, the chief executive or an authorised officer is evidence of the signature it purports to be.","sortOrder":258},{"sectionNumber":"sec.199","sectionType":"section","heading":"Evidentiary matters","content":"### sec.199 Evidentiary matters\n\nA certificate purporting to be signed by the chief executive or an authorised officer and stating any of the following matters is evidence of the matter—\na stated document is 1 of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na direction, notice or requirement;\na permit or other authority;\na record or other document;\na stated document is of a stated type mentioned in paragraph (a) and made, given, issued or kept under another Act;\na stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\non a stated day, or during a stated period, a stated person was, or was not, the holder of a stated permit or other authority;\na stated permit or other authority—\nwas, or was not, issued for a stated term; or\nwas, or was not, in force on a stated day or during a stated period; or\nwas, or was not, subject to a stated condition;\non a stated day, or during a stated period, a stated permit or other authority was suspended for a stated period or was cancelled;\non a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;\non a stated day, a stated person was given a stated direction, notice or requirement under this Act;\na stated amount is payable under this Act by a stated person and has not been paid.\nEvidence that a regulatory notice or a restricted access area notice was erected or displayed at a place is evidence the notice was erected or displayed at the place by the chief executive.\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 the place where the offence was committed was in a stated recreation area or in a restricted access area in a stated recreation area.\n(sec.199-ssec.1) A certificate purporting to be signed by the chief executive or an authorised officer and stating any of the following matters is evidence of the matter— a stated document is 1 of the following things made, given, issued or kept under this Act— an appointment, approval or decision; a direction, notice or requirement; a permit or other authority; a record or other document; a stated document is of a stated type mentioned in paragraph (a) and made, given, issued or kept under another Act; a stated document is a copy of a thing mentioned in paragraph (a) or (b) ; on a stated day, or during a stated period, a stated person was, or was not, the holder of a stated permit or other authority; a stated permit or other authority— was, or was not, issued for a stated term; or was, or was not, in force on a stated day or during a stated period; or was, or was not, subject to a stated condition; on a stated day, or during a stated period, a stated permit or other authority was suspended for a stated period or was cancelled; on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person; on a stated day, a stated person was given a stated direction, notice or requirement under this Act; a stated amount is payable under this Act by a stated person and has not been paid.\n(sec.199-ssec.2) Evidence that a regulatory notice or a restricted access area notice was erected or displayed at a place is evidence the notice was erected or displayed at the place by the chief executive.\n(sec.199-ssec.3) 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 the place where the offence was committed was in a stated recreation area or in a restricted access area in a stated recreation area.\n- (a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a direction, notice or requirement; (iii) a permit or other authority; (iv) a record or other document;\n- (i) an appointment, approval or decision;\n- (ii) a direction, notice or requirement;\n- (iii) a permit or other authority;\n- (iv) a record or other document;\n- (b) a stated document is of a stated type mentioned in paragraph (a) and made, given, issued or kept under another Act;\n- (c) a stated document is a copy of a thing mentioned in paragraph (a) or (b) ;\n- (d) on a stated day, or during a stated period, a stated person was, or was not, the holder of a stated permit or other authority;\n- (e) a stated permit or other authority— (i) was, or was not, issued for a stated term; or (ii) was, or was not, in force on a stated day or during a stated period; or (iii) was, or was not, subject to a stated condition;\n- (i) was, or was not, issued for a stated term; or\n- (ii) was, or was not, in force on a stated day or during a stated period; or\n- (iii) was, or was not, subject to a stated condition;\n- (f) on a stated day, or during a stated period, a stated permit or other authority was suspended for a stated period or was cancelled;\n- (g) on a stated day, or during a stated period, an appointment as an authorised officer was, or was not, in force for a stated person;\n- (h) on a stated day, a stated person was given a stated direction, notice or requirement under this Act;\n- (i) a stated amount is payable under this Act by a stated person and has not been paid.\n- (i) an appointment, approval or decision;\n- (ii) a direction, notice or requirement;\n- (iii) a permit or other authority;\n- (iv) a record or other document;\n- (i) was, or was not, issued for a stated term; or\n- (ii) was, or was not, in force on a stated day or during a stated period; or\n- (iii) was, or was not, subject to a stated condition;\n- (a) that the matter of the complaint came to the knowledge of the complainant on a stated day;\n- (b) that the place where the offence was committed was in a stated recreation area or in a restricted access area in a stated recreation area.","sortOrder":259},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":260},{"sectionNumber":"sec.200","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.200 Summary proceedings for offences\n\nProceedings for an offence against this Act are to be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start—\nwithin 1 year after the commission of the offence; or\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.200-ssec.1) Proceedings for an offence against this Act are to be taken in a summary way under the Justices Act 1886 .\n(sec.200-ssec.2) The proceeding must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":261},{"sectionNumber":"sec.201","sectionType":"section","heading":"Allegations of false or misleading information or documents","content":"### sec.201 Allegations of false or misleading information or documents\n\nIt is enough for a complaint for an offence against this Act involving false or misleading information, or a false or misleading document, to state the statement made, or document given, was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":262},{"sectionNumber":"sec.202","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.202 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.202-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.202-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.202-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.202-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\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":263},{"sectionNumber":"sec.203","sectionType":"section","heading":"Executive officers responsible for ensuring corporation complies with Act","content":"### sec.203 Executive officers responsible for ensuring corporation complies with Act\n\nThe executive officers of a corporation must ensure the corporation complies with this Act.\nIf a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision.\nMaximum penalty—the penalty for the contravention of the provision by an individual.\nEvidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision.\nHowever, it is a defence for an executive officer to prove—\nif the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the provision; or\nthe officer was not in a position to influence the conduct of the corporation in relation to the offence.\n(sec.203-ssec.1) The executive officers of a corporation must ensure the corporation complies with this Act.\n(sec.203-ssec.2) If a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual.\n(sec.203-ssec.3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision.\n(sec.203-ssec.4) However, it is a defence for an executive officer to prove— if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the provision; or the officer was not in a position to influence the conduct of the corporation in relation to the offence.\n- (a) if the officer was in a position to influence the conduct of the corporation in relation to the offence—the officer exercised reasonable diligence to ensure the corporation complied with the provision; or\n- (b) the officer was not in a position to influence the conduct of the corporation in relation to the offence.","sortOrder":264},{"sectionNumber":"sec.204","sectionType":"section","heading":"Holder of authority responsible for ensuring Act complied with","content":"### sec.204 Holder of authority responsible for ensuring Act complied with\n\nThe holder of an authority must ensure that everyone acting under the authority complies with the authority and the requirements of this Act relating to the authority.\nIf another person acting under the authority does not comply with the authority or the requirements of this Act relating to the authority, the holder commits an offence, namely, the offence of failing to ensure the other person complied with the authority or the requirements of this Act relating to the authority.\nMaximum penalty—the penalty prescribed for contravention of the authority or the requirements of this Act relating to the authority.\nEvidence that the other person has been convicted of an offence against this Act while acting under the authority is evidence that the holder committed the offence of failing to ensure the other person complied with the authority and the requirements of this Act relating to the authority.\nHowever, it is a defence for the holder to prove—\nthe holder issued appropriate instructions and used all reasonable precautions to ensure compliance with the authority and the requirements of this Act relating to the authority; and\nthe offence was committed without the holder’s knowledge; and\nthe holder could not by the exercise of reasonable diligence have stopped the commission of the offence.\nIn this section—\nauthority means a permit or commercial activity agreement or other authority under this Act.\nholder , of an authority, means, in relation to a commercial activity agreement, the other party to the agreement.\n(sec.204-ssec.1) The holder of an authority must ensure that everyone acting under the authority complies with the authority and the requirements of this Act relating to the authority.\n(sec.204-ssec.2) If another person acting under the authority does not comply with the authority or the requirements of this Act relating to the authority, the holder commits an offence, namely, the offence of failing to ensure the other person complied with the authority or the requirements of this Act relating to the authority. Maximum penalty—the penalty prescribed for contravention of the authority or the requirements of this Act relating to the authority.\n(sec.204-ssec.3) Evidence that the other person has been convicted of an offence against this Act while acting under the authority is evidence that the holder committed the offence of failing to ensure the other person complied with the authority and the requirements of this Act relating to the authority.\n(sec.204-ssec.4) However, it is a defence for the holder to prove— the holder issued appropriate instructions and used all reasonable precautions to ensure compliance with the authority and the requirements of this Act relating to the authority; and the offence was committed without the holder’s knowledge; and the holder could not by the exercise of reasonable diligence have stopped the commission of the offence.\n(sec.204-ssec.5) In this section— authority means a permit or commercial activity agreement or other authority under this Act. holder , of an authority, means, in relation to a commercial activity agreement, the other party to the agreement.\n- (a) the holder issued appropriate instructions and used all reasonable precautions to ensure compliance with the authority and the requirements of this Act relating to the authority; and\n- (b) the offence was committed without the holder’s knowledge; and\n- (c) the holder could not by the exercise of reasonable diligence have stopped the commission of the offence.","sortOrder":265},{"sectionNumber":"sec.205","sectionType":"section","heading":"Responsibility for offences committed with use of vehicle, vessel, aircraft or recreational craft","content":"### sec.205 Responsibility for offences committed with use of vehicle, vessel, aircraft or recreational craft\n\nEach responsible person for a vehicle, vessel, aircraft or recreational craft must ensure it is not used to commit an offence against this Act.\nIf another person uses the vehicle, vessel, aircraft or recreational craft in committing an offence against a provision of this Act, each responsible person for the vehicle, vessel, aircraft or recreational craft also commits an offence, namely, the offence of failing to ensure the other person complies with the provision.\nMaximum penalty—the penalty for the contravention of the provision by an individual.\nEvidence that the other person has been convicted of an offence against a provision of this Act is evidence that each responsible person for the vehicle, vessel, aircraft or recreational craft committed the offence of failing to ensure the other person complies with the provision.\nHowever, it is a defence for a responsible person for the vehicle, vessel, aircraft or recreational craft to prove—\nif the responsible person was in a position to influence the conduct of the other person in relation to the offence—the responsible person exercised reasonable diligence to ensure the other person complied with the provision; or\nthe responsible person was not in a position to influence the conduct of the other person in relation to the offence.\nIn this section—\nresponsible person , for a vehicle, vessel, aircraft or recreational craft, in relation to an offence, means—\nan owner of the vehicle, vessel, aircraft or recreational craft when the offence was committed; or\na person in control of the vehicle, vessel, aircraft or recreational craft at the time the offence was committed; or\na person (the operator ) who, at the time the offence was committed, was a party to an agreement with a person mentioned in paragraph (a) or (b) under which the operator, or the operator and the other party to the agreement, were authorised to decide the activities for the vehicle, vessel, aircraft or recreational craft.\n(sec.205-ssec.1) Each responsible person for a vehicle, vessel, aircraft or recreational craft must ensure it is not used to commit an offence against this Act.\n(sec.205-ssec.2) If another person uses the vehicle, vessel, aircraft or recreational craft in committing an offence against a provision of this Act, each responsible person for the vehicle, vessel, aircraft or recreational craft also commits an offence, namely, the offence of failing to ensure the other person complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual.\n(sec.205-ssec.3) Evidence that the other person has been convicted of an offence against a provision of this Act is evidence that each responsible person for the vehicle, vessel, aircraft or recreational craft committed the offence of failing to ensure the other person complies with the provision.\n(sec.205-ssec.4) However, it is a defence for a responsible person for the vehicle, vessel, aircraft or recreational craft to prove— if the responsible person was in a position to influence the conduct of the other person in relation to the offence—the responsible person exercised reasonable diligence to ensure the other person complied with the provision; or the responsible person was not in a position to influence the conduct of the other person in relation to the offence.\n(sec.205-ssec.5) In this section— responsible person , for a vehicle, vessel, aircraft or recreational craft, in relation to an offence, means— an owner of the vehicle, vessel, aircraft or recreational craft when the offence was committed; or a person in control of the vehicle, vessel, aircraft or recreational craft at the time the offence was committed; or a person (the operator ) who, at the time the offence was committed, was a party to an agreement with a person mentioned in paragraph (a) or (b) under which the operator, or the operator and the other party to the agreement, were authorised to decide the activities for the vehicle, vessel, aircraft or recreational craft.\n- (a) if the responsible person was in a position to influence the conduct of the other person in relation to the offence—the responsible person exercised reasonable diligence to ensure the other person complied with the provision; or\n- (b) the responsible person was not in a position to influence the conduct of the other person in relation to the offence.\n- (a) an owner of the vehicle, vessel, aircraft or recreational craft when the offence was committed; or\n- (b) a person in control of the vehicle, vessel, aircraft or recreational craft at the time the offence was committed; or\n- (c) a person (the operator ) who, at the time the offence was committed, was a party to an agreement with a person mentioned in paragraph (a) or (b) under which the operator, or the operator and the other party to the agreement, were authorised to decide the activities for the vehicle, vessel, aircraft or recreational craft.","sortOrder":266},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Internal reviews","content":"## Internal reviews","sortOrder":267},{"sectionNumber":"sec.206","sectionType":"section","heading":"Internal review process before external review","content":"### sec.206 Internal review process before external review\n\nEvery review of a reviewable decision must be, in the first instance, by way of an application for internal review.\ns 206 sub 2009 No. 24 s 910","sortOrder":268},{"sectionNumber":"sec.207","sectionType":"section","heading":"Applying for an internal review","content":"### sec.207 Applying for an internal review\n\nAn application for internal review must be in the approved form and must be—\nmade to the chief executive within 28 days after the day the person is given the information notice; and\nsupported by enough information to enable the chief executive to decide the application.\nThe chief executive may extend the time for applying for the internal review.\nThe application does not stay the reviewable decision.\nThe application must not be dealt with by—\nthe person who made the reviewable decision; or\na person in a less senior office than the person who made the reviewable decision.\nSubsection (4) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to a reviewable decision made by the chief executive.\ns 207 amd 2009 No. 24 s 911\n(sec.207-ssec.1) An application for internal review must be in the approved form and must be— made to the chief executive within 28 days after the day the person is given the information notice; and supported by enough information to enable the chief executive to decide the application.\n(sec.207-ssec.2) The chief executive may extend the time for applying for the internal review.\n(sec.207-ssec.3) The application does not stay the reviewable decision.\n(sec.207-ssec.4) The application must not be dealt with by— the person who made the reviewable decision; or a person in a less senior office than the person who made the reviewable decision.\n(sec.207-ssec.5) Subsection (4) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to a reviewable decision made by the chief executive.\n- (a) made to the chief executive within 28 days after the day the person is given the information notice; and\n- (b) supported by enough information to enable the chief executive to decide the application.\n- (a) the person who made the reviewable decision; or\n- (b) a person in a less senior office than the person who made the reviewable decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to a reviewable decision made by the chief executive.","sortOrder":269},{"sectionNumber":"sec.208","sectionType":"section","heading":"Internal review decision","content":"### sec.208 Internal review decision\n\nIf the chief executive is satisfied the applicant has complied with section 207 , the chief executive must, within 28 days after receiving the application—\nreview the reviewable decision; and\nmake a decision (the internal review decision ) to—\nconfirm the reviewable decision; or\namend the reviewable decision; or\nsubstitute another decision for the reviewable decision.\nThe chief executive may, by notice to the applicant, extend the period for making the internal review decision if—\nthe reviewable decision relates to a joint permission permit; and\na decision about a related permission for the permit is being reviewed under a marine park Act; and\nthe chief executive reasonably considers the outcome of the review of the decision about the related permission is reasonably likely to affect the chief executive’s internal review decision.\nWithin 14 days after making the internal review decision, the chief executive must give the applicant a notice complying with the QCAT Act , section 157 (2) for the decision.\nIf the chief executive does not comply with subsection (1) or (2) , the chief executive is taken to have made a decision confirming the reviewable decision.\nFor an application to QCAT for external review—\nif the internal review decision confirms the reviewable decision, the reviewable decision is taken to be the internal review decision; or\nif the internal review decision amends the reviewable decision, the reviewable decision, as amended, is taken to be the internal review decision.\ns 208 amd 2009 No. 24 s 912 ; 2014 No. 63 s 28\n(sec.208-ssec.1) If the chief executive is satisfied the applicant has complied with section 207 , the chief executive must, within 28 days after receiving the application— review the reviewable decision; and make a decision (the internal review decision ) to— confirm the reviewable decision; or amend the reviewable decision; or substitute another decision for the reviewable decision.\n(sec.208-ssec.1A) The chief executive may, by notice to the applicant, extend the period for making the internal review decision if— the reviewable decision relates to a joint permission permit; and a decision about a related permission for the permit is being reviewed under a marine park Act; and the chief executive reasonably considers the outcome of the review of the decision about the related permission is reasonably likely to affect the chief executive’s internal review decision.\n(sec.208-ssec.2) Within 14 days after making the internal review decision, the chief executive must give the applicant a notice complying with the QCAT Act , section 157 (2) for the decision.\n(sec.208-ssec.3) If the chief executive does not comply with subsection (1) or (2) , the chief executive is taken to have made a decision confirming the reviewable decision.\n(sec.208-ssec.4) For an application to QCAT for external review— if the internal review decision confirms the reviewable decision, the reviewable decision is taken to be the internal review decision; or if the internal review decision amends the reviewable decision, the reviewable decision, as amended, is taken to be the internal review decision.\n- (a) review the reviewable decision; and\n- (b) make a decision (the internal review decision ) to— (i) confirm the reviewable decision; or (ii) amend the reviewable decision; or (iii) substitute another decision for the reviewable decision.\n- (i) confirm the reviewable decision; or\n- (ii) amend the reviewable decision; or\n- (iii) substitute another decision for the reviewable decision.\n- (i) confirm the reviewable decision; or\n- (ii) amend the reviewable decision; or\n- (iii) substitute another decision for the reviewable decision.\n- (a) the reviewable decision relates to a joint permission permit; and\n- (b) a decision about a related permission for the permit is being reviewed under a marine park Act; and\n- (c) the chief executive reasonably considers the outcome of the review of the decision about the related permission is reasonably likely to affect the chief executive’s internal review decision.\n- (a) if the internal review decision confirms the reviewable decision, the reviewable decision is taken to be the internal review decision; or\n- (b) if the internal review decision amends the reviewable decision, the reviewable decision, as amended, is taken to be the internal review decision.","sortOrder":270},{"sectionNumber":"sec.209","sectionType":"section","heading":"Stay of operation of reviewable decision","content":"### sec.209 Stay of operation of reviewable decision\n\nIf an application is made for an internal review of a reviewable decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the reviewable decision.\nQCAT may stay the reviewable decision to secure the effectiveness of the internal review and a later application to QCAT for external review.\nThe stay—\nmay be given on conditions QCAT considers appropriate; and\noperates for the period fixed by QCAT; and\nmay be revoked or amended by QCAT.\nThe period of the stay must not extend past the time when the chief executive makes an internal review decision about the reviewable decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.\nThe application affects the reviewable decision, or carrying out of the decision, only if the decision is stayed.\ns 209 amd 2009 No. 24 s 913\n(sec.209-ssec.1) If an application is made for an internal review of a reviewable decision, the applicant may immediately apply, as provided under the QCAT Act , to QCAT for a stay of the reviewable decision.\n(sec.209-ssec.2) QCAT may stay the reviewable decision to secure the effectiveness of the internal review and a later application to QCAT for external review.\n(sec.209-ssec.3) The stay— may be given on conditions QCAT considers appropriate; and operates for the period fixed by QCAT; and may be revoked or amended by QCAT.\n(sec.209-ssec.4) The period of the stay must not extend past the time when the chief executive makes an internal review decision about the reviewable decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.\n(sec.209-ssec.5) The application affects the reviewable decision, or carrying out of the decision, only if the decision is stayed.\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 revoked or amended by QCAT.","sortOrder":271},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"External reviews by QCAT","content":"## External reviews by QCAT","sortOrder":272},{"sectionNumber":"sec.210","sectionType":"section","heading":"Who may apply for external review","content":"### sec.210 Who may apply for external review\n\nA person who is given, or is entitled to be given a notice under section 208 (2) about a decision may apply, as provided under the QCAT Act , to QCAT for an external review of the decision.\ns 210 sub 2009 No. 24 s 914","sortOrder":273},{"sectionNumber":"sec.211","sectionType":"section","heading":"Extending time for application","content":"### sec.211 Extending time for application\n\nQCAT may extend the time for applying for an external review of a decision to which section 210 applies if—\nthe internal review decision relates to a joint permission permit; and\na decision about a related permission for the permit—\nis being reviewed under a marine park Act; or\nhas been reviewed and is the subject of an appeal under a marine park Act; and\nQCAT reasonably considers the outcome of the review or appeal under the marine park Act is reasonably likely to affect the applicant’s decision about whether or not to pursue, or the chief executive’s decision about whether or not to defend, an application for external review under this division.\ns 211 prev s 211 om 2009 No. 24 s 914\npres s 211 ins 2014 No. 63 s 29\n- (a) the internal review decision relates to a joint permission permit; and\n- (b) a decision about a related permission for the permit— (i) is being reviewed under a marine park Act; or (ii) has been reviewed and is the subject of an appeal under a marine park Act; and\n- (i) is being reviewed under a marine park Act; or\n- (ii) has been reviewed and is the subject of an appeal under a marine park Act; and\n- (c) QCAT reasonably considers the outcome of the review or appeal under the marine park Act is reasonably likely to affect the applicant’s decision about whether or not to pursue, or the chief executive’s decision about whether or not to defend, an application for external review under this division.\n- (i) is being reviewed under a marine park Act; or\n- (ii) has been reviewed and is the subject of an appeal under a marine park Act; and","sortOrder":274},{"sectionNumber":"sec.212","sectionType":"section","heading":null,"content":"### Section sec.212\n\ns 212 om 2009 No. 24 s 914","sortOrder":275},{"sectionNumber":"sec.213","sectionType":"section","heading":null,"content":"### Section sec.213\n\ns 213 om 2009 No. 24 s 914","sortOrder":276},{"sectionNumber":"sec.214","sectionType":"section","heading":null,"content":"### Section sec.214\n\ns 214 om 2009 No. 24 s 914","sortOrder":277},{"sectionNumber":"sec.215","sectionType":"section","heading":null,"content":"### Section sec.215\n\ns 215 om 2009 No. 24 s 914","sortOrder":278},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":279},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Camping notices and tags","content":"## Camping notices and tags","sortOrder":280},{"sectionNumber":"sec.216","sectionType":"section","heading":"E-permit camping areas","content":"### sec.216 E-permit camping areas\n\nThe chief executive may erect or display in, at or near the entrance to, a recreation area, a notice (an e-permit camping notice ) stating that, in a stated period, the area, or a stated part of the area, is an e-permit camping area.\nAn e-permit camping notice for an e-permit camping area must state the following—\nin general terms, the procedures to be followed by persons intending to camp in the area;\nthe conditions applying to a person camping in the area;\nthe penalty for camping in the area without a camping permit.\nThe chief executive may also erect or display an additional conditions notice.\n(sec.216-ssec.1) The chief executive may erect or display in, at or near the entrance to, a recreation area, a notice (an e-permit camping notice ) stating that, in a stated period, the area, or a stated part of the area, is an e-permit camping area.\n(sec.216-ssec.2) An e-permit camping notice for an e-permit camping area must state the following— in general terms, the procedures to be followed by persons intending to camp in the area; the conditions applying to a person camping in the area; the penalty for camping in the area without a camping permit.\n(sec.216-ssec.3) The chief executive may also erect or display an additional conditions notice.\n- (a) in general terms, the procedures to be followed by persons intending to camp in the area;\n- (b) the conditions applying to a person camping in the area;\n- (c) the penalty for camping in the area without a camping permit.","sortOrder":281},{"sectionNumber":"sec.217","sectionType":"section","heading":"Camping tag must be available","content":"### sec.217 Camping tag must be available\n\nThe chief executive must make camping tags available in an accessible and conspicuous position in or near each e-permit camping area.\nEach tag must include a space for the person to write the details prescribed under a regulation.\nThe chief executive must ensure a person who has applied, or intends to apply, for a camping permit for an e-permit camping area is given notice of the locations where camping tags are available for the area.\nWithout limiting subsection (3) , the chief executive must—\npublish on the department’s website the locations where camping tags are available for the area; and\nfor a camping permit granted under section 37 (2) —ensure the written notice given under that section includes the locations where camping tags are available for the e-permit camping area to which the permit relates; and\nfor a camping permit granted under section 37 (3) — ensure the person to whom the permit is granted is advised of the locations where camping tags are available for the e-permit camping area to which the permit relates.\n(sec.217-ssec.1) The chief executive must make camping tags available in an accessible and conspicuous position in or near each e-permit camping area.\n(sec.217-ssec.2) Each tag must include a space for the person to write the details prescribed under a regulation.\n(sec.217-ssec.3) The chief executive must ensure a person who has applied, or intends to apply, for a camping permit for an e-permit camping area is given notice of the locations where camping tags are available for the area.\n(sec.217-ssec.4) Without limiting subsection (3) , the chief executive must— publish on the department’s website the locations where camping tags are available for the area; and for a camping permit granted under section 37 (2) —ensure the written notice given under that section includes the locations where camping tags are available for the e-permit camping area to which the permit relates; and for a camping permit granted under section 37 (3) — ensure the person to whom the permit is granted is advised of the locations where camping tags are available for the e-permit camping area to which the permit relates.\n- (a) publish on the department’s website the locations where camping tags are available for the area; and\n- (b) for a camping permit granted under section 37 (2) —ensure the written notice given under that section includes the locations where camping tags are available for the e-permit camping area to which the permit relates; and\n- (c) for a camping permit granted under section 37 (3) — ensure the person to whom the permit is granted is advised of the locations where camping tags are available for the e-permit camping area to which the permit relates.","sortOrder":282},{"sectionNumber":"sec.218","sectionType":"section","heading":"Self-registration camping areas","content":"### sec.218 Self-registration camping areas\n\nThe chief executive may erect or display in, at or near the entrance to, a recreation area, a notice (a self-registration camping notice ) stating that, in a stated period, the area, or a stated part of the area, is a self-registration camping area.\nA self-registration camping notice, for a self-registration camping area, must state the following—\nin general terms, the procedures to be followed by persons intending to camp in the area;\nthe conditions applying to a person camping in the area;\nthe camping fee payable for camping in the area;\nthe penalty for camping in the area without a camping permit.\nThe chief executive must make forms ( camping forms ) and a sealed, secure container (a camping fee container ) available for use for camping in the area.\nThe camping forms and camping fee container must be in an easily accessible and conspicuous position in the area.\nThe camping form must—\nstate the procedures a person using the form must follow; and\ninclude a detachable envelope (a camping fee envelope ) and a camping tag; and\ninclude, on the camping fee envelope, a section for use for credit card payment of camping fees.\n(sec.218-ssec.1) The chief executive may erect or display in, at or near the entrance to, a recreation area, a notice (a self-registration camping notice ) stating that, in a stated period, the area, or a stated part of the area, is a self-registration camping area.\n(sec.218-ssec.2) A self-registration camping notice, for a self-registration camping area, must state the following— in general terms, the procedures to be followed by persons intending to camp in the area; the conditions applying to a person camping in the area; the camping fee payable for camping in the area; the penalty for camping in the area without a camping permit.\n(sec.218-ssec.3) The chief executive must make forms ( camping forms ) and a sealed, secure container (a camping fee container ) available for use for camping in the area.\n(sec.218-ssec.4) The camping forms and camping fee container must be in an easily accessible and conspicuous position in the area.\n(sec.218-ssec.5) The camping form must— state the procedures a person using the form must follow; and include a detachable envelope (a camping fee envelope ) and a camping tag; and include, on the camping fee envelope, a section for use for credit card payment of camping fees.\n- (a) in general terms, the procedures to be followed by persons intending to camp in the area;\n- (b) the conditions applying to a person camping in the area;\n- (c) the camping fee payable for camping in the area;\n- (d) the penalty for camping in the area without a camping permit.\n- (a) state the procedures a person using the form must follow; and\n- (b) include a detachable envelope (a camping fee envelope ) and a camping tag; and\n- (c) include, on the camping fee envelope, a section for use for credit card payment of camping fees.","sortOrder":283},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Records and information","content":"## Records and information","sortOrder":284},{"sectionNumber":"sec.219","sectionType":"section","heading":"Records and other information to be kept","content":"### sec.219 Records and other information to be kept\n\nThe holder of a commercial activity or organised event permit must, in relation to activities authorised and conducted under the permit—\nkeep and store records about the activities, in the way prescribed under a regulation; and\ninclude in the records the information prescribed under a regulation; and\ngive to the chief executive information about the activities in the way, at the times and accompanied by the fees, relating to the activities, prescribed under a regulation.\nMaximum penalty—120 penalty units.\ns 219 amd 2014 No. 63 s 30\n- (a) keep and store records about the activities, in the way prescribed under a regulation; and\n- (b) include in the records the information prescribed under a regulation; and\n- (c) give to the chief executive information about the activities in the way, at the times and accompanied by the fees, relating to the activities, prescribed under a regulation.","sortOrder":285},{"sectionNumber":"sec.220","sectionType":"section","heading":"Interfering with record","content":"### sec.220 Interfering with record\n\nA person must not, without reasonable excuse—\ndeface, erase or obliterate an entry in a record mentioned in section 219 ; or\notherwise remove an entry from the record.\nMaximum penalty—120 penalty units.\nHowever, subsection (1) does not apply to a person who removes a record or a copy of a record and gives it to the chief executive.\n(sec.220-ssec.1) A person must not, without reasonable excuse— deface, erase or obliterate an entry in a record mentioned in section 219 ; or otherwise remove an entry from the record. Maximum penalty—120 penalty units.\n(sec.220-ssec.2) However, subsection (1) does not apply to a person who removes a record or a copy of a record and gives it to the chief executive.\n- (a) deface, erase or obliterate an entry in a record mentioned in section 219 ; or\n- (b) otherwise remove an entry from the record.","sortOrder":286},{"sectionNumber":"sec.221","sectionType":"section","heading":"Notice of damage to, or loss or destruction of, record","content":"### sec.221 Notice of damage to, or loss or destruction of, record\n\nIf the holder of a commercial activity or organised event permit becomes aware of damage to, or loss or destruction of, a record kept by the holder under section 219 , the holder must immediately give written notice of the fact to the chief executive.\nMaximum penalty—120 penalty units.\ns 221 amd 2014 No. 63 s 31","sortOrder":287},{"sectionNumber":"sec.222","sectionType":"section","heading":"Requirement to produce or surrender record","content":"### sec.222 Requirement to produce or surrender record\n\nThis section applies to a person required to keep a record under this Act.\nThe person must—\nif asked by an authorised officer, produce the record for inspection by the officer; and\nif asked, in writing, by the chief executive, surrender the record to the chief executive.\nMaximum penalty—120 penalty units.\n(sec.222-ssec.1) This section applies to a person required to keep a record under this Act.\n(sec.222-ssec.2) The person must— if asked by an authorised officer, produce the record for inspection by the officer; and if asked, in writing, by the chief executive, surrender the record to the chief executive. Maximum penalty—120 penalty units.\n- (a) if asked by an authorised officer, produce the record for inspection by the officer; and\n- (b) if asked, in writing, by the chief executive, surrender the record to the chief executive.","sortOrder":288},{"sectionNumber":"sec.223","sectionType":"section","heading":"Confidentiality of information","content":"### sec.223 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 of a recreation area.\nSubsection (3) applies to a person who, while performing duties under, or in relation to, this Act or the repealed Act, acquires or acquired—\ninformation about another person’s affairs; or\ninformation declared by the chief executive to be confidential under subsection (1) .\nThe person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (4) .\nMaximum penalty—165 penalty units.\nThe person may disclose the information to someone else—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is authorised under this Act or another Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure; or\nif the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or\nif the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of a register; or\nif the disclosure is to the Minister to allow the Minister to act under paragraph (h) ; or\nif the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.\n(sec.223-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 of a recreation area.\n(sec.223-ssec.2) Subsection (3) applies to a person who, while performing duties under, or in relation to, this Act or the repealed Act, acquires or acquired— information about another person’s affairs; or information declared by the chief executive to be confidential under subsection (1) .\n(sec.223-ssec.3) The person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (4) . Maximum penalty—165 penalty units.\n(sec.223-ssec.4) The person may disclose the information to someone else— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under this Act or another Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of a register; or if the disclosure is to the Minister to allow the Minister to act under paragraph (h) ; or if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.\n- (a) information about another person’s affairs; or\n- (b) information declared by the chief executive to be confidential under subsection (1) .\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is authorised under this Act or another Act; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the information relates consents to the disclosure; or\n- (e) if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or\n- (f) if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of a register; or\n- (g) if the disclosure is to the Minister to allow the Minister to act under paragraph (h) ; or\n- (h) if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.","sortOrder":289},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Other miscellaneous provisions","content":"## Other miscellaneous provisions","sortOrder":290},{"sectionNumber":"sec.224","sectionType":"section","heading":"Advisory committees","content":"### sec.224 Advisory committees\n\nThe Minister may establish advisory committees to obtain the views of government entities, individuals, community entities and other non-government entities about recreation area issues.","sortOrder":291},{"sectionNumber":"sec.225","sectionType":"section","heading":"Delegation by Minister","content":"### sec.225 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer.\nA delegation of a power may permit the subdelegation of the power to an appropriately qualified public service officer.\nIn this section—\nappropriately qualified includes having qualifications, experience or standing appropriate to exercise the power.\na person’s classification level in the public service\n(sec.225-ssec.1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer.\n(sec.225-ssec.2) A delegation of a power may permit the subdelegation of the power to an appropriately qualified public service officer.\n(sec.225-ssec.3) In this section— appropriately qualified includes having qualifications, experience or standing appropriate to exercise the power. a person’s classification level in the public service","sortOrder":292},{"sectionNumber":"sec.226","sectionType":"section","heading":"Chief executive’s power to carry out works","content":"### sec.226 Chief executive’s power to carry out works\n\nSubject to section 4 , the chief executive may carry out, in a recreation area, the works the chief executive considers necessary or desirable to achieve the purpose of this Act.","sortOrder":293},{"sectionNumber":"sec.227","sectionType":"section","heading":"Liability of State","content":"### sec.227 Liability of State\n\nThe State is not legally liable for an act or omission in relation to private land merely because the land is part of a recreation area.\nIn this section—\nprivate land means land other than State land.\n(sec.227-ssec.1) The State is not legally liable for an act or omission in relation to private land merely because the land is part of a recreation area.\n(sec.227-ssec.2) In this section— private land means land other than State land.","sortOrder":294},{"sectionNumber":"sec.228","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.228 Protecting officials 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; or\nthe exercise or purported exercise of a power under this Act; or\nthe management or operation of a recreation 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—\nthe Minister; or\nthe chief executive; or\nan authorised officer; or\nan officer or other employee of the department; or\na person acting under—\nthe authority, under this Act, of a person mentioned in paragraph (a) , (b) , (c) or (d) ; or\na direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) or (d) .\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 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 228 amd 2013 No. 55 s 97\n(sec.228-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.228-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.228-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; or the exercise or purported exercise of a power under this Act; or the management or operation of a recreation area.\n(sec.228-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.228-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.228-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.228-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— the Minister; or the chief executive; or an authorised officer; or an officer or other employee of the department; or a person acting under— the authority, under this Act, of a person mentioned in paragraph (a) , (b) , (c) or (d) ; or a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) or (d) . 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 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; or\n- (b) the exercise or purported exercise of a power under this Act; or\n- (c) the management or operation of a recreation 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; or\n- (b) the chief executive; or\n- (c) an authorised officer; or\n- (d) an officer or other employee of the department; or\n- (e) a person acting under— (i) the authority, under this Act, of a person mentioned in paragraph (a) , (b) , (c) or (d) ; or (ii) a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) or (d) .\n- (i) the authority, under this Act, of a person mentioned in paragraph (a) , (b) , (c) or (d) ; or\n- (ii) a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) or (d) .\n- (i) the authority, under this Act, of a person mentioned in paragraph (a) , (b) , (c) or (d) ; or\n- (ii) a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) or (d) .\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 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":295},{"sectionNumber":"sec.229","sectionType":"section","heading":"Immunity from prosecution","content":"### sec.229 Immunity from prosecution\n\nAn authorised person is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done in the exercise of a power or performance of a function conferred or imposed on the authorised person under this Act.\nA person acting under the direction of the Minister, chief executive or an authorised officer is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done under the direction.\nIn this section—\nauthorised person means—\nthe chief executive; or\nan authorised officer; or\nan officer or other employee of the department acting under the chief executive’s authority.\n(sec.229-ssec.1) An authorised person is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done in the exercise of a power or performance of a function conferred or imposed on the authorised person under this Act.\n(sec.229-ssec.2) A person acting under the direction of the Minister, chief executive or an authorised 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(sec.229-ssec.3) In this section— authorised person means— the chief executive; or an authorised officer; or an officer or other employee of the department acting under the chief executive’s authority.\n- (a) the chief executive; or\n- (b) an authorised officer; or\n- (c) an officer or other employee of the department acting under the chief executive’s authority.","sortOrder":296},{"sectionNumber":"sec.230","sectionType":"section","heading":"Recreation areas management fund","content":"### sec.230 Recreation areas management fund\n\nThe Queensland Recreation Areas Management Board Fund established under the repealed Act is continued in existence as the Recreation Areas Management Fund (the fund ).\nThe Financial Accountability Act 2009 applies to the fund.\nAccounts for the fund must be kept as part of the departmental accounts of the department.\nAmounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.\nAmounts received for the fund include—\namounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act; and\npenalties, costs, fees and charges received by the department under this Act; and\nother amounts received by the department under this Act.\nAn amount is payable from the fund for the purpose of this Act.\ncosts of administering this Act\nIn this section—\ndepartmental accounts , of the department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .\ndepartmental financial-institution account , of the department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 .\nother amounts , of the department, means amounts received by the department other than amounts received for the fund.\ns 230 amd 2009 No. 9 s 136 sch 1\n(sec.230-ssec.1) The Queensland Recreation Areas Management Board Fund established under the repealed Act is continued in existence as the Recreation Areas Management Fund (the fund ).\n(sec.230-ssec.2) The Financial Accountability Act 2009 applies to the fund.\n(sec.230-ssec.3) Accounts for the fund must be kept as part of the departmental accounts of the department.\n(sec.230-ssec.4) Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.\n(sec.230-ssec.5) Amounts received for the fund include— amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act; and penalties, costs, fees and charges received by the department under this Act; and other amounts received by the department under this Act.\n(sec.230-ssec.6) An amount is payable from the fund for the purpose of this Act. costs of administering this Act\n(sec.230-ssec.7) In this section— departmental accounts , of the department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 . departmental financial-institution account , of the department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 . other amounts , of the department, means amounts received by the department other than amounts received for the fund.\n- (a) amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act; and\n- (b) penalties, costs, fees and charges received by the department under this Act; and\n- (c) other amounts received by the department under this Act.","sortOrder":297},{"sectionNumber":"sec.231","sectionType":"section","heading":"Approved forms","content":"### sec.231 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":298},{"sectionNumber":"sec.232","sectionType":"section","heading":"Regulation-making power","content":"### sec.232 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may be made about any of the following—\nthe entry to, or use of (including the conduct of persons in), a recreation area;\nimplementing, and enforcing compliance with, approved management plans;\nthe records and information required to be kept by persons entering or using a recreation area;\nthe fees and charges payable under this Act;\nfees and charges for conducting activities, or using services and facilities provided by the chief executive, in a recreation area\nthe refunding of fees and charges payable under this Act and the circumstances in which a refund may be made;\nthe waiver of fees.\nA regulation may prescribe a penalty of not more than 20 penalty units for a contravention of a regulation.\nWithout limiting subsection (2) (d) , a regulation may prescribe amounts as fees having regard to the costs of administering this Act for the management of recreation areas.\n(sec.232-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.232-ssec.2) Without limiting subsection (1) , a regulation may be made about any of the following— the entry to, or use of (including the conduct of persons in), a recreation area; implementing, and enforcing compliance with, approved management plans; the records and information required to be kept by persons entering or using a recreation area; the fees and charges payable under this Act; fees and charges for conducting activities, or using services and facilities provided by the chief executive, in a recreation area the refunding of fees and charges payable under this Act and the circumstances in which a refund may be made; the waiver of fees.\n(sec.232-ssec.3) A regulation may prescribe a penalty of not more than 20 penalty units for a contravention of a regulation.\n(sec.232-ssec.4) Without limiting subsection (2) (d) , a regulation may prescribe amounts as fees having regard to the costs of administering this Act for the management of recreation areas.\n- (a) the entry to, or use of (including the conduct of persons in), a recreation area;\n- (b) implementing, and enforcing compliance with, approved management plans;\n- (c) the records and information required to be kept by persons entering or using a recreation area;\n- (d) the fees and charges payable under this Act; Example— fees and charges for conducting activities, or using services and facilities provided by the chief executive, in a recreation area\n- (e) the refunding of fees and charges payable under this Act and the circumstances in which a refund may be made;\n- (f) the waiver of fees.","sortOrder":299},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":300},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 20 of 2006","content":"## Transitional provisions for Act No. 20 of 2006","sortOrder":301},{"sectionNumber":"sec.233","sectionType":"section","heading":"Dissolution of Queensland Recreation Areas Management Authority","content":"### sec.233 Dissolution of Queensland Recreation Areas Management Authority\n\nOn the commencement of this section, the Queensland Recreation Areas Management Authority established under the repealed Act is dissolved and its members go out of office.","sortOrder":302},{"sectionNumber":"sec.234","sectionType":"section","heading":"Dissolution of Queensland Recreation Areas Management Board","content":"### sec.234 Dissolution of Queensland Recreation Areas Management Board\n\nOn the commencement of this section—\nthe Queensland Recreation Areas Management Board established under the repealed Act is dissolved and its members go out of office; and\nthe assets, rights and liabilities of the board vest in the State; and\nthe State is substituted for the board in all agreements to which the board is a party.\n- (a) the Queensland Recreation Areas Management Board established under the repealed Act is dissolved and its members go out of office; and\n- (b) the assets, rights and liabilities of the board vest in the State; and\n- (c) the State is substituted for the board in all agreements to which the board is a party.","sortOrder":303},{"sectionNumber":"sec.235","sectionType":"section","heading":"Existing recreation areas continue","content":"### sec.235 Existing recreation areas continue\n\nA recreation area established under the repealed Act and in existence immediately before the commencement of this section continues in existence as a recreation area under this Act and may be amalgamated, divided or revoked under this Act.","sortOrder":304},{"sectionNumber":"sec.236","sectionType":"section","heading":"Existing consents and agreements about the inclusion of land in recreation areas continue","content":"### sec.236 Existing consents and agreements about the inclusion of land in recreation areas continue\n\nThis section applies to a consent given, or agreement entered into, under the repealed Act about the inclusion of land in a recreation area if the consent or agreement is in force immediately before the commencement of this section.\nThe consent or agreement continues in existence, subject to this Act, and is taken to have been given or entered into under this Act.\n(sec.236-ssec.1) This section applies to a consent given, or agreement entered into, under the repealed Act about the inclusion of land in a recreation area if the consent or agreement is in force immediately before the commencement of this section.\n(sec.236-ssec.2) The consent or agreement continues in existence, subject to this Act, and is taken to have been given or entered into under this Act.","sortOrder":305},{"sectionNumber":"sec.237","sectionType":"section","heading":"Existing management plans continue","content":"### sec.237 Existing management plans continue\n\nThis section applies to a management plan for a recreation area in force under the repealed Act immediately before the commencement of this section.\nThe plan continues in force and is taken to be an approved management plan for the area.\nThe plan—\nmust be read with the changes necessary to make it consistent with, and adapt its operation to, this Act; and\nmay be amended or repealed under this Act.\n(sec.237-ssec.1) This section applies to a management plan for a recreation area in force under the repealed Act immediately before the commencement of this section.\n(sec.237-ssec.2) The plan continues in force and is taken to be an approved management plan for the area.\n(sec.237-ssec.3) The plan— must be read with the changes necessary to make it consistent with, and adapt its operation to, this Act; and may be amended or repealed under this Act.\n- (a) must be read with the changes necessary to make it consistent with, and adapt its operation to, this Act; and\n- (b) may be amended or repealed under this Act.","sortOrder":306},{"sectionNumber":"sec.238","sectionType":"section","heading":"Management plans being prepared","content":"### sec.238 Management plans being prepared\n\nThis section applies to a management plan for a recreation area being prepared under the repealed Act.\nTo the extent the process of preparing the plan has been completed under the repealed Act, that part of the preparation is taken to have been completed under this Act.\nThe remaining processes required to make the plan an approved management plan may be completed under this Act.\n(sec.238-ssec.1) This section applies to a management plan for a recreation area being prepared under the repealed Act.\n(sec.238-ssec.2) To the extent the process of preparing the plan has been completed under the repealed Act, that part of the preparation is taken to have been completed under this Act.\n(sec.238-ssec.3) The remaining processes required to make the plan an approved management plan may be completed under this Act.","sortOrder":307},{"sectionNumber":"sec.239","sectionType":"section","heading":"Existing permits, approvals and agreements continue","content":"### sec.239 Existing permits, approvals and agreements continue\n\nA permit in force under the repealed Act immediately before the commencement of this section is taken to be a permit of the following type under this Act—\nif the permit was a camping permit—a camping permit;\nif the permit was a commercial activity permit—a commercial activity permit;\nif the permit was a commercial tour operator permit—a commercial activity permit;\nif the permit was a temporary commercial tour operator permit—a commercial activity permit;\nif the permit was a group activity permit—a group activity permit;\nif the permit was a service permit—a vehicle access permit.\nAn approval given under the repealed Act is, if its effect is not exhausted at the commencement of this section, taken to be an approval given under this Act.\nAn agreement under the repealed Act authorising commercial activities and in force immediately before the commencement of this section is taken to be a commercial activity agreement under this Act.\n(sec.239-ssec.1) A permit in force under the repealed Act immediately before the commencement of this section is taken to be a permit of the following type under this Act— if the permit was a camping permit—a camping permit; if the permit was a commercial activity permit—a commercial activity permit; if the permit was a commercial tour operator permit—a commercial activity permit; if the permit was a temporary commercial tour operator permit—a commercial activity permit; if the permit was a group activity permit—a group activity permit; if the permit was a service permit—a vehicle access permit.\n(sec.239-ssec.2) An approval given under the repealed Act is, if its effect is not exhausted at the commencement of this section, taken to be an approval given under this Act.\n(sec.239-ssec.3) An agreement under the repealed Act authorising commercial activities and in force immediately before the commencement of this section is taken to be a commercial activity agreement under this Act.\n- (a) if the permit was a camping permit—a camping permit;\n- (b) if the permit was a commercial activity permit—a commercial activity permit;\n- (c) if the permit was a commercial tour operator permit—a commercial activity permit;\n- (d) if the permit was a temporary commercial tour operator permit—a commercial activity permit;\n- (e) if the permit was a group activity permit—a group activity permit;\n- (f) if the permit was a service permit—a vehicle access permit.","sortOrder":308},{"sectionNumber":"sec.240","sectionType":"section","heading":"Existing applications for permits, approvals and agreements continue","content":"### sec.240 Existing applications for permits, approvals and agreements continue\n\nAn application for a permit made, but not decided, under the repealed Act before the commencement of this section is taken to be an application for a permit of the following type made under this Act—\nif the application was for a camping permit—a camping permit;\nif the application was for a commercial activity permit—a commercial activity permit;\nif the application was for a commercial tour operator permit—a commercial activity permit;\nif the application was for a temporary commercial tour operator permit—a commercial activity permit;\nif the application was for a group activity permit—a group activity permit;\nif the application was for a service permit—a vehicle access permit.\nAn application for an approval made, but not decided, under the repealed Act before the commencement of this section is taken to be an application for an approval of the same thing made under this Act.\nSubsection (4) applies if—\nan application was made under the repealed Act for an agreement to carry out a commercial activity in a recreation area; and\nthe agreement was not entered into before the commencement of this section; and\nthe application was still the subject of consideration under the repealed Act immediately before the commencement.\nThe application is taken to be an application under this Act for a commercial activity agreement.\n(sec.240-ssec.1) An application for a permit made, but not decided, under the repealed Act before the commencement of this section is taken to be an application for a permit of the following type made under this Act— if the application was for a camping permit—a camping permit; if the application was for a commercial activity permit—a commercial activity permit; if the application was for a commercial tour operator permit—a commercial activity permit; if the application was for a temporary commercial tour operator permit—a commercial activity permit; if the application was for a group activity permit—a group activity permit; if the application was for a service permit—a vehicle access permit.\n(sec.240-ssec.2) An application for an approval made, but not decided, under the repealed Act before the commencement of this section is taken to be an application for an approval of the same thing made under this Act.\n(sec.240-ssec.3) Subsection (4) applies if— an application was made under the repealed Act for an agreement to carry out a commercial activity in a recreation area; and the agreement was not entered into before the commencement of this section; and the application was still the subject of consideration under the repealed Act immediately before the commencement.\n(sec.240-ssec.4) The application is taken to be an application under this Act for a commercial activity agreement.\n- (a) if the application was for a camping permit—a camping permit;\n- (b) if the application was for a commercial activity permit—a commercial activity permit;\n- (c) if the application was for a commercial tour operator permit—a commercial activity permit;\n- (d) if the application was for a temporary commercial tour operator permit—a commercial activity permit;\n- (e) if the application was for a group activity permit—a group activity permit;\n- (f) if the application was for a service permit—a vehicle access permit.\n- (a) an application was made under the repealed Act for an agreement to carry out a commercial activity in a recreation area; and\n- (b) the agreement was not entered into before the commencement of this section; and\n- (c) the application was still the subject of consideration under the repealed Act immediately before the commencement.","sortOrder":309},{"sectionNumber":"sec.241","sectionType":"section","heading":"Existing directions, requirements, notices and decisions continue","content":"### sec.241 Existing directions, requirements, notices and decisions continue\n\nA direction, requirement, notice or decision (the authorisation ) given or made under the repealed Act is, if its effect is not exhausted at the commencement of this section, taken to have been given or made under this Act by—\nif the authorisation was given or made by the Minister—the Minister; or\nif the authorisation was given or made by the authority or the board—the chief executive; or\nif the authorisation was given or made by an authorised officer—an authorised officer.\n- (a) if the authorisation was given or made by the Minister—the Minister; or\n- (b) if the authorisation was given or made by the authority or the board—the chief executive; or\n- (c) if the authorisation was given or made by an authorised officer—an authorised officer.","sortOrder":310},{"sectionNumber":"sec.242","sectionType":"section","heading":"Existing authorised officers continue","content":"### sec.242 Existing authorised officers continue\n\nA person who held appointment as an authorised officer under the repealed Act immediately before the commencement of this section is taken to be an authorised officer under this Act.\nA person taken to be an authorised officer under section 22(3)(a) of the repealed Act before the commencement of this section is taken to be an authorised officer under this Act for a term of 1 year starting on the commencement of this section.\nFor part 8, an identity card issued under the Nature Conservation Act 1992 to a person taken, under subsection (2), to be an authorised officer under this Act is, for the period mentioned in subsection (2), taken to be an identity card for the person under this Act.\n(sec.242-ssec.1) A person who held appointment as an authorised officer under the repealed Act immediately before the commencement of this section is taken to be an authorised officer under this Act.\n(sec.242-ssec.2) A person taken to be an authorised officer under section 22(3)(a) of the repealed Act before the commencement of this section is taken to be an authorised officer under this Act for a term of 1 year starting on the commencement of this section.\n(sec.242-ssec.3) For part 8, an identity card issued under the Nature Conservation Act 1992 to a person taken, under subsection (2), to be an authorised officer under this Act is, for the period mentioned in subsection (2), taken to be an identity card for the person under this Act.","sortOrder":311},{"sectionNumber":"sec.243","sectionType":"section","heading":"Existing legal proceedings continue","content":"### sec.243 Existing legal proceedings continue\n\nA legal proceeding that could have been started or continued under the repealed Act by or against the Queensland Recreation Areas Management Authority or the Queensland Recreation Areas Management Board before the commencement of this section may be started or continued by or against the State under this Act.","sortOrder":312},{"sectionNumber":"sec.244","sectionType":"section","heading":"Existing advisory committee continues","content":"### sec.244 Existing advisory committee continues\n\nAn advisory committee established under the repealed Act and in existence at the commencement of this section continues as if the advisory committee were established under this Act.","sortOrder":313},{"sectionNumber":"sec.245","sectionType":"section","heading":"References to Recreation Areas Management Act 1988","content":"### sec.245 References to Recreation Areas Management Act 1988\n\nA reference in an Act or document to the repealed Act is, if the context permits, taken to be a reference to this Act.","sortOrder":314},{"sectionNumber":"sec.246","sectionType":"section","heading":"References to Queensland Recreation Areas Management Authority","content":"### sec.246 References to Queensland Recreation Areas Management Authority\n\nA reference in an Act or document to the Queensland Recreation Areas Management Authority established under the repealed Act is, if the context permits, taken to be a reference to the State.","sortOrder":315},{"sectionNumber":"sec.247","sectionType":"section","heading":"References to Queensland Recreation Areas Management Board","content":"### sec.247 References to Queensland Recreation Areas Management Board\n\nA reference in an Act or document to the Queensland Recreation Areas Management Board established under the repealed Act is, if the context permits, taken to be a reference to the chief executive.","sortOrder":316},{"sectionNumber":"sec.248","sectionType":"section","heading":"References to Queensland Recreation Areas Management Board Fund","content":"### sec.248 References to Queensland Recreation Areas Management Board Fund\n\nA reference in an Act or document to the Queensland Recreation Areas Management Board Fund established under the repealed Act is, if the context permits, taken to be a reference to the fund established under section 230.","sortOrder":317},{"sectionNumber":"sec.249","sectionType":"section","heading":"Application of particular sections","content":"### sec.249 Application of particular sections\n\nSection 182 applies to property whether the property was abandoned before or after—\nthe commencement of this section; or\nthe area where the property was abandoned was declared to be a recreation area.\nSection 183 applies to structures and works whether the structures were erected or the works carried out before or after—\nthe commencement of this section; or\nthe area where the structures were erected or the works carried out was declared to be a recreation area.\n(sec.249-ssec.1) Section 182 applies to property whether the property was abandoned before or after— the commencement of this section; or the area where the property was abandoned was declared to be a recreation area.\n(sec.249-ssec.2) Section 183 applies to structures and works whether the structures were erected or the works carried out before or after— the commencement of this section; or the area where the structures were erected or the works carried out was declared to be a recreation area.\n- (a) the commencement of this section; or\n- (b) the area where the property was abandoned was declared to be a recreation area.\n- (a) the commencement of this section; or\n- (b) the area where the structures were erected or the works carried out was declared to be a recreation area.","sortOrder":318},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Transitional provisions for Recreation Areas Management and Another Act Amendment Act 2014","content":"## Transitional provisions for Recreation Areas Management and Another Act Amendment Act 2014","sortOrder":319},{"sectionNumber":"sec.249A","sectionType":"section","heading":"Group activity permits granted before the commencement","content":"### sec.249A Group activity permits granted before the commencement\n\nA group activity permit for the conduct of an activity in an area that is in force immediately before the commencement continues in force and the unamended Act continues to apply for the conduct of the activity as if the amendment Act, part 3 had not been enacted.\nTo remove any doubt, it is declared that a group activity permit continued in force under subsection (1) is, for the Nature Conservation Act 1992 and the Forestry Act 1959 , taken to be an authorisation permitting the activity in the area under those Acts.\nIn this section—\namendment Act means the Recreation Areas Management and Another Act Amendment Act 2014 .\nunamended Act means the Act as in force immediately before the commencement of the amendment Act, part 3.\ns 249A ins 2014 No. 63 s 33\n(sec.249A-ssec.1) A group activity permit for the conduct of an activity in an area that is in force immediately before the commencement continues in force and the unamended Act continues to apply for the conduct of the activity as if the amendment Act, part 3 had not been enacted.\n(sec.249A-ssec.2) To remove any doubt, it is declared that a group activity permit continued in force under subsection (1) is, for the Nature Conservation Act 1992 and the Forestry Act 1959 , taken to be an authorisation permitting the activity in the area under those Acts.\n(sec.249A-ssec.3) In this section— amendment Act means the Recreation Areas Management and Another Act Amendment Act 2014 . unamended Act means the Act as in force immediately before the commencement of the amendment Act, part 3.","sortOrder":320},{"sectionNumber":"sec.249B","sectionType":"section","heading":"Applications for group activity permits made before commencement","content":"### sec.249B Applications for group activity permits made before commencement\n\nAn application for a group activity permit made but not decided before the commencement is taken to be an application for an organised event permit.\ns 249B ins 2014 No. 63 s 33","sortOrder":321},{"sectionNumber":"sec.249C","sectionType":"section","heading":"References to group activity or group activity permit","content":"### sec.249C References to group activity or group activity permit\n\nA reference in an Act or document to a group activity may, if the context permits, be taken to be a reference to an organised event.\nA reference in an Act or document to a group activity permit may, if the context permits, be taken to be a reference to an organised event permit.\ns 249C ins 2014 No. 63 s 33\n(sec.249C-ssec.1) A reference in an Act or document to a group activity may, if the context permits, be taken to be a reference to an organised event.\n(sec.249C-ssec.2) A reference in an Act or document to a group activity permit may, if the context permits, be taken to be a reference to an organised event permit.","sortOrder":322},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 exp 27 August 2008 (see s 250(4))","sortOrder":323},{"sectionNumber":"pt.12","sectionType":"part","heading":"Repeal and consequential amendments","content":"# Repeal and consequential amendments","sortOrder":324},{"sectionNumber":"sec.251","sectionType":"section","heading":"Act repealed","content":"### sec.251 Act repealed\n\nThe Recreation Areas Management Act 1988 No. 110 is repealed.","sortOrder":325},{"sectionNumber":"sec.252","sectionType":"section","heading":"Amendment of Mineral Resources Act 1989","content":"### sec.252 Amendment of Mineral Resources Act 1989\n\ns 252 amd 2007 No. 56 s 45","sortOrder":326},{"sectionNumber":"sec.253","sectionType":"section","heading":null,"content":"### Section sec.253\n\ns 253 sub 2007 No. 56 s 46","sortOrder":327}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original purpose was focused on establishing and managing recreation areas in Queensland. Over time, amendments have expanded its scope considerably — notably by integrating with indigenous joint management frameworks (2021), creating combined/joint permissions across multiple legislative regimes (2013–2014), introducing a demerit points system for commercial operators, and allowing management plans to be combined with plans under other Acts (marine parks, nature conservation). The permit framework has also grown in complexity with the addition of renewal mechanisms and the joint permission system. The core purpose remains the same, but the operational scope is now significantly broader and more interconnected with other land management regimes."},"complexity_factors":["Interaction with multiple other Acts (Nature Conservation Act 1992, Forestry Act 1959, Marine Parks Act 1982 and 2004, Petroleum Act 1923, Petroleum and Gas Act 2004, Mineral Resources Act 1989, Native Title Act 1993 (Cwlth), Land Act 1994, Marine Parks Act 2004)","Multiple permit types with different rules, timeframes, and renewal/expiry mechanisms","Complex native title and indigenous land rights overlay, including indigenous joint management areas with separate consent requirements","Land tenure complexity — the law must operate across State land, private land, and native title land simultaneously without displacing existing rights","Recreation area agreements that bind successors in title and are registered on land title registers, creating property law implications","Demerit point system for commercial permit holders with specific time thresholds for refusal grounds","Multiple pathways for obtaining camping permits (in-person, online, phone, self-registration) each with different legal mechanisms for when a permit is 'granted'","Joint permissions that can span multiple Acts (combined permits across nature conservation, forestry and marine parks legislation)","Management plan process involves multiple stages, consultation requirements, exceptions to consultation, and different approval authorities depending on amendment type","Has been amended multiple times (2007, 2011, 2013, 2014, 2016, 2021, 2024), creating layered complexity"],"plain_english_summary":"## Recreation Areas Management Act 2006 (Queensland)\n\n### What is this law about?\nThis Queensland law creates a framework for establishing, managing, and providing public access to **recreation areas** — designated parcels of land (which can include private land, State land, or land with native title) set aside for recreational use like camping, driving, and organised events or commercial activities.\n\n### Who does it affect?\n- **The general public** who want to camp, drive vehicles, run events, or operate businesses in recreation areas\n- **Landowners** whose private land might be included in a recreation area (they must consent via a written agreement)\n- **Aboriginal and Torres Strait Islander peoples** with native title or indigenous land rights in these areas\n- **Businesses** running commercial activities (e.g. tour operators) in recreation areas\n- **Mining and resources companies** operating in or near these areas\n\n### Key things to know:\n\n**Declaring a Recreation Area**\nThe government can declare any land a recreation area by regulation (a law made by the government without going through Parliament). Private land can only be included if the landowner agrees in writing. Importantly, native title rights are *not* extinguished (wiped out) by a declaration.\n\n**Management Plans**\nEvery recreation area must have a management plan. The public, landowners, and Indigenous groups get a say — there must be at least 20 business days for public submissions. Plans must be reviewed every 10 years.\n\n**Permits**\nYou generally need a permit to:\n- **Camp** (valid up to 30 days; can apply online, by phone, or via self-registration)\n- **Drive a vehicle** in the area (valid up to 1 year)\n- **Run an organised event** (valid up to 1 year; must have insurance)\n- **Conduct a commercial activity** like a guided tour (valid up to 3 years; requires a 'fit and proper person' assessment)\n\n**Commercial operators** face more scrutiny — their history, past permit breaches, demerit points, and criminal convictions can all lead to a permit being refused.\n\n**Mining rights are preserved** — being in a recreation area does NOT stop someone from getting a mining or resources permit over the same land.\n\n**Indigenous Joint Management Areas** — special requirements apply if a recreation area overlaps with an indigenous joint management area, including consultation with or consent from the indigenous landholder before permits are issued.\n\n**Compliance** — the law applies to everyone, including State and Commonwealth governments (though governments can't be criminally prosecuted under it)."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.5(1) and sec.5(2)","severity":"medium","reasoning":"Binding a party to legal obligations while simultaneously immunising them from the primary enforcement mechanism (prosecution) is internally contradictory. A law that binds but cannot be enforced against certain parties is not meaningfully binding on those parties.","confidence":0.82,"description":"The Act purports to bind all persons including the State, Commonwealth and other States, but then immediately exempts the Commonwealth, State and other States from prosecution for offences. This creates a situation where sovereign entities are nominally bound by the Act but face no enforceable consequences for breaches, rendering the binding effect largely illusory for the most powerful actors."},{"type":"impossible_compliance","section":"sec.36(3)(b)(ii) and sec.36(3)(c)","severity":"medium","reasoning":"Section 36(3)(b) gives an either/or choice between cash/cheque in an envelope or credit card payment on the form, but section 36(3)(c) mandates putting 'the envelope' in the container regardless. A credit card payer has no envelope to deposit, making literal compliance impossible for that payment pathway.","confidence":0.85,"description":"For self-registration camping areas, the procedure requires a person to 'properly complete and sign the credit card payment section of the camping form' AND THEN 'put the envelope in the camping fee container'. If the person pays by credit card (not cash/cheque), there is no envelope to put in the container, yet the Act still requires putting the envelope in the container as a mandatory step regardless of payment method."},{"type":"other","section":"sec.4(1)(a) and sec.4(1)(b)","severity":"low","reasoning":"While this may be a drafting error rather than a logical absurdity per se, the grammatical inconsistency creates genuine interpretive difficulty about the relative weight and relationship of the two limbs of the main purpose.","confidence":0.65,"description":"The purpose clause is grammatically and logically inconsistent. Paragraph (a) states a noun phrase ('the establishment, maintenance and use of recreation areas') while paragraph (b) states an infinitive phrase ('to provide, coordinate, integrate and improve...'). The two limbs of the main purpose are expressed in incompatible grammatical forms, making it unclear how they integrate into a coherent statutory purpose."},{"type":"retroactive_impossibility","section":"sec.37(4) and sec.37(5)","severity":"medium","reasoning":"The retrospective fiction that no permit was ever granted, applied after camping has commenced or concluded, creates a legal impossibility: the person cannot retroactively un-camp, yet they are deemed to have camped without a permit from the outset. This exposes persons to liability for conduct that appeared lawful at the time.","confidence":0.78,"description":"A person at a self-registration camping area is 'taken to have been granted a camping permit' upon complying with the self-registration procedure, but is simultaneously 'taken not to have been granted' a permit if a cheque is dishonoured or credit card payment is not authorised. The grant and its retrospective nullification may occur after the person has already been camping, creating a situation where a person camped lawfully and unlawfully at the same time."},{"type":"self_contradicting","section":"sec.54(2) and sec.35(3)","severity":"medium","reasoning":"The Act creates two parallel pathways for extending a commercial activity permit beyond its expiry (new application under s.49/s.54, and renewal under s.55B/s.35(3)) without specifying their interaction, which could result in double extensions or conflicting outcomes for the same permit.","confidence":0.7,"description":"Section 54 provides that an existing commercial activity permit continues for up to 3 months after expiry while a renewal application is pending. Section 35(3) also extends a commercial activity permit where an application is made under section 55B. These two separate extension mechanisms can operate simultaneously on the same permit (one under s.49 for a 'new' permit, one under s.55B for a 'renewal'), potentially creating overlapping or duplicative extensions for the same permit holder with no clear rule about which prevails."},{"type":"circular_definition","section":"sec.27(1)(a)(iii)","severity":"medium","reasoning":"Allowing a subordinate instrument (a management plan) to define categories of its own amendments that bypass statutory consultation requirements is a form of circular self-authorisation. There is no legislative check on how broadly a plan might define these 'types', potentially allowing substantial changes to evade public scrutiny.","confidence":0.72,"description":"An approved management plan can specify types of amendments that may be made to itself without going through the public consultation process under sections 25 and 26. This allows a plan to effectively self-amend its own amendment procedures, creating a circular arrangement where the plan determines the scope of its own alteration without legislative constraint on what types of amendments can be so designated."},{"type":"self_contradicting","section":"sec.18(3) and sec.25(3)","severity":"high","reasoning":"The 'as in force from time to time' incorporation mechanism effectively allows the content of an approved management plan to be altered by third-party document changes without triggering the approval and consultation requirements that would otherwise apply to amendments. This undermines the integrity of the plan approval process.","confidence":0.8,"description":"Both the draft management plan and draft amendments may incorporate provisions of external documents 'as in force from time to time'. This means the substantive content of an approved management plan can change automatically as external documents are amended, without any new approval by the Governor in Council or public consultation, even though section 22 requires Governor in Council approval and sections 25-26 require public consultation for amendments."},{"type":"other","section":"sec.31(1)","severity":"low","reasoning":"While mandatory reviews with discretionary outcomes are a known legislative pattern, the combination of a strict time-bound obligation to review with a permissible outcome of no action at all raises questions about the practical utility of the mandate.","confidence":0.55,"description":"The Minister 'must review' each management plan 'not later than 10 years after its approval'. However, after completing the review, section 31(2) allows the Minister to leave the plan unchanged. The mandatory review imposes a significant procedural obligation but produces no mandatory outcome, rendering the review requirement potentially an exercise in compulsory futility."},{"type":"self_contradicting","section":"sec.6(1) and sec.6(2)","severity":"low","reasoning":"The drafting structure creates an apparent absolute rule (any land may be included) followed immediately by a significant exception, which is a common but logically imprecise legislative technique. The 'however' in s.6(2) does not cure the logical falsity of the universal claim in s.6(1).","confidence":0.6,"description":"Section 6(1) states 'Any land may be included in a recreation area' in absolute terms, while section 6(2) immediately qualifies this by requiring landholder consent for non-State land. The universally permissive s.6(1) is immediately rendered false by s.6(2), as non-State land cannot in fact be included without agreement. The unqualified universal statement in s.6(1) is therefore misleading."}],"contradictions":[{"severity":"medium","section_a":"sec.14","section_b":"sec.4(2)(c)","confidence":0.73,"description":"Section 4(2)(c) states the purpose is achieved by 'ensuring the management of, and activities permitted in, a recreation area are not incompatible with the tenure of all land in the recreation area'. However, section 14 provides that this Act does not affect the rights and obligations of area land-holders unless a recreation area agreement expressly states otherwise. If the Act cannot affect landholder rights, it cannot ensure management compatibility with tenure in areas where landholders have not agreed to modified rights, directly undermining the stated purpose."},{"severity":"high","section_a":"sec.17(1) and sec.17(2)","section_b":"sec.4(2)(c)","confidence":0.77,"description":"Section 17 explicitly preserves the right to obtain and exercise mining interests over land in a recreation area without restriction, and prevents the Act from restricting entry under a mining interest. Section 4(2)(c) requires that activities permitted in a recreation area be 'not incompatible with the tenure of all land'. Mining activities may be fundamentally incompatible with recreational area management, yet the Act simultaneously mandates compatibility with tenure and prohibits any restriction on mining activities, which are often destructive to recreational values."},{"severity":"medium","section_a":"sec.15","section_b":"sec.4(2)(c)","confidence":0.68,"description":"Section 15 preserves all rights of interest holders (including mining permit holders, petroleum authority holders) without qualification. Section 4(2)(c) requires management of the recreation area to be compatible with the tenure of all land. Where interest holders exercise rights that conflict with recreational management objectives, the Act cannot achieve compatibility (s.4(2)(c)) because it cannot affect those rights (s.15)."},{"severity":"medium","section_a":"sec.52(4)","section_b":"sec.52(5)","confidence":0.71,"description":"Section 52(4) establishes a mandatory 40 business day decision timeframe for commercial activity permit applications. Section 52(5) then disapplies this timeframe entirely for joint permission applications, substituting the vague standard of 'a reasonable period'. This creates two irreconcilable timeframe regimes for the same type of permit depending on whether it forms part of a joint permission, with no definition of what constitutes a 'reasonable period', potentially creating indefinite decision delays for joint permission applicants."},{"severity":"medium","section_a":"sec.54(2)","section_b":"sec.54(4)","confidence":0.65,"description":"Section 54(2) deems an existing commercial activity permit to continue in force pending determination of a new application. Section 54(4) states that subsection (2) does not stop the existing permit from being cancelled or suspended under this Act. However, if the permit is cancelled under s.54(4), it ceases to be an 'existing permit' that can be renewed, and the new application would be for a permit to commence after a now-cancelled permit, potentially removing the applicant from the protection of s.54 altogether and creating an ambiguity about the status of the new application."},{"severity":"high","section_a":"sec.9","section_b":"sec.12(3)","confidence":0.75,"description":"Section 9 allows a regulation to revoke all or part of a recreation area declaration 'whether or not an area land-holder asks for the revocation', suggesting unilateral State power to revoke. Section 12(3) requires that where a recreation area agreement requires land to be removed, the Governor in Council 'must' revoke the declaration by regulation. Read together, the State can unilaterally revoke a declaration under s.9 even where a binding recreation area agreement remains in place under s.11, potentially breaching that agreement without the consent mechanism in s.12(1)."},{"severity":"medium","section_a":"sec.11(1)","section_b":"sec.12(5)","confidence":0.67,"description":"Section 11 states that a recreation area agreement binds 'each other person who has an interest in the land' once recorded. Section 12(5) provides that if the land becomes State land, the agreement is automatically cancelled to that extent. However, other interest holders who were bound under s.11 have no role in, notice of, or protection from, this automatic cancellation, potentially extinguishing their rights under the agreement without any process."},{"severity":"medium","section_a":"sec.19(2)(b)","section_b":"sec.19(4)","confidence":0.63,"description":"Section 19(2)(b) requires the notice of a draft management plan to invite public submissions. Section 19(4) sets out exceptions where subsection (2)(b) does not apply, including where 'there has already been other public consultation' and the Minister is satisfied the public has been adequately consulted. This allows the Minister to self-certify the adequacy of prior consultation to bypass mandatory public notification for new recreation areas, with no independent check on the Minister's satisfaction, potentially defeating the consultation purpose entirely."}]},"kimi_summary":{"_metrics":{"completionTokens":745},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of establishing and managing recreation areas. The 2024 amendment adding section 8A (renaming recreation areas) is a minor administrative addition. Earlier amendments expanded indigenous joint management provisions and streamlined permit processes, but these remain within the core scope of recreation area management."},"complexity_factors":["Multiple permit types with different application processes, terms, and conditions (camping, vehicle access, organised event, commercial activity)","Extensive cross-referencing with other Queensland Acts (Nature Conservation Act 1992, Forestry Act 1959, Marine Parks Act 2004, Petroleum and Gas Act, etc.)","Detailed procedural requirements for management plans including public consultation periods (minimum 20 business days), exceptions, and amendment processes","Complex commercial activity agreement framework with expression of interest and application pathways, transfer provisions, and 15-year term limits","Indigenous joint management provisions requiring consultation or consent from indigenous landholders for permits in certain areas","Nested enforcement powers including warrant procedures, electronic warrant applications, seizure powers, and forfeiture provisions","Demerit point system with graduated penalties based on offence severity (1-5 points depending on penalty unit range)","Multiple amendment pathways for permits (minor amendments, applications, chief executive-initiated) with different notice requirements","Joint permission permits that combine with permits under other Acts, creating overlapping regulatory frameworks"],"plain_english_summary":"**What this Act does:**\n\nThis Queensland law sets up a system for creating and managing **recreation areas** — places like national parks, forests, and coastal areas where people go camping, four-wheel driving, and enjoying nature.\n\n**Key things the Act covers:**\n\n- **Declaring recreation areas**: The government can declare land as a recreation area through regulations, but if the land isn't owned by the State, the landowner must agree through a written \"recreation area agreement\"\n\n- **Protecting landholder rights**: The Act explicitly protects the rights of landowners, native title holders, and mining interest holders — their existing rights continue unchanged\n\n- **Management plans**: Each recreation area must have a management plan developed with public consultation, setting out how the area will be looked after\n\n- **Permits for visitors**: You need permits for:\n  - **Camping** (up to 30 days)\n  - **Vehicle access** (up to 1 year)\n  - **Organised events** (up to 1 year)\n  - **Commercial activities** (up to 3 years, or longer for joint permissions)\n\n- **Commercial activity agreements**: Businesses can enter longer-term agreements (up to 15 years) to run commercial operations like tours or accommodation\n\n- **Rules for behaviour**: The Act sets out offences for things like illegal camping, unauthorised fires, feeding dangerous animals, polluting water, dumping waste, and bringing weapons\n\n- **Enforcement**: Authorised officers can enter places, seize evidence, give directions, and issue fines. There's a demerit point system where accumulating 10+ points can lead to permit cancellation\n\n- **Restricted access areas**: Parts of recreation areas can be closed off for safety, conservation, or emergency reasons\n\n**Who it affects:** Anyone visiting Queensland recreation areas — campers, four-wheel drivers, tour operators, commercial activity providers, and neighbouring landowners."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/recreation-areas-management-act-2006","history":"/api/acts/recreation-areas-management-act-2006/history","analysis":"/api/acts/recreation-areas-management-act-2006/analysis","conflicts":"/api/acts/recreation-areas-management-act-2006/conflicts","importantCases":"/api/acts/recreation-areas-management-act-2006/important-cases","documents":"/api/acts/recreation-areas-management-act-2006/documents"}}