{"id":"qld:sl-1998-0161","name":"Wet Tropics Management Plan 1998","slug":"wet-tropics-management-plan-1998","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"161 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175884,"registerId":"qld-qld:sl-1998-0161-current","compilationNumber":null,"startDate":"2026-04-05","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 management plan may be cited as the Wet Tropics Management Plan 1998 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis plan commences on 1 September 1998.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions and dictionary","content":"### sec.3 Definitions and dictionary\n\nThe dictionary in schedule 3 defines particular words used in this plan.","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Meaning of rainforest area","content":"### sec.3A Meaning of rainforest area\n\nA rainforest area is an area of land shown on the regional ecosystem map and designated by a regional ecosystem number mentioned in schedule 2B .\nHowever, to the extent that the area of land is shown on a property map of assessable vegetation and is designated by a regional ecosystem number that is not mentioned in schedule 2B , the area is not a rainforest area .\nIn this section—\nproperty map of assessable vegetation see the Vegetation Management Act 1999 , section 20AK .\nregional ecosystem map means the map, kept by the Queensland Herbarium, that shows the locations of the regional ecosystems described in the regional ecosystem description database.\nThe regional ecosystem map is available on the Queensland Government website.\ns 3A ins 2022 SL No. 27 s 3\n(sec.3A-ssec.1) A rainforest area is an area of land shown on the regional ecosystem map and designated by a regional ecosystem number mentioned in schedule 2B .\n(sec.3A-ssec.2) However, to the extent that the area of land is shown on a property map of assessable vegetation and is designated by a regional ecosystem number that is not mentioned in schedule 2B , the area is not a rainforest area .\n(sec.3A-ssec.3) In this section— property map of assessable vegetation see the Vegetation Management Act 1999 , section 20AK . regional ecosystem map means the map, kept by the Queensland Herbarium, that shows the locations of the regional ecosystems described in the regional ecosystem description database. The regional ecosystem map is available on the Queensland Government website.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Publication and inspection of zoning map and other documents","content":"### sec.4 Publication and inspection of zoning map and other documents\n\nThis section applies in relation to—\nthe zoning map; or\nanother document, if the authority is required under a provision of this plan to ensure the document is available for inspection under this section.\nThe authority must ensure—\nthe zoning map or other document—\nis published on the authority’s website; and\nmay be inspected free of charge, during office hours at the authority’s head office and any other places the authority considers appropriate; and\na copy of the zoning map, or a part of the zoning map, or the other document may be purchased from the authority for a reasonable fee.\ns 4 sub 2020 SL No. 176 s 4\n(sec.4-ssec.1) This section applies in relation to— the zoning map; or another document, if the authority is required under a provision of this plan to ensure the document is available for inspection under this section.\n(sec.4-ssec.2) The authority must ensure— the zoning map or other document— is published on the authority’s website; and may be inspected free of charge, during office hours at the authority’s head office and any other places the authority considers appropriate; and a copy of the zoning map, or a part of the zoning map, or the other document may be purchased from the authority for a reasonable fee.\n- (a) the zoning map; or\n- (b) another document, if the authority is required under a provision of this plan to ensure the document is available for inspection under this section.\n- (a) the zoning map or other document— (i) is published on the authority’s website; and (ii) may be inspected free of charge, during office hours at the authority’s head office and any other places the authority considers appropriate; and\n- (i) is published on the authority’s website; and\n- (ii) may be inspected free of charge, during office hours at the authority’s head office and any other places the authority considers appropriate; and\n- (b) a copy of the zoning map, or a part of the zoning map, or the other document may be purchased from the authority for a reasonable fee.\n- (i) is published on the authority’s website; and\n- (ii) may be inspected free of charge, during office hours at the authority’s head office and any other places the authority considers appropriate; and","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Forms","content":"### sec.5 Forms\n\nThe executive director may approve forms for use under this plan.\ns 5 amd 2020 SL No. 176 s 5","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Management zones","content":"# Management zones","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment of zones","content":"## Establishment of zones","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Management zones","content":"### sec.6 Management zones\n\nFor managing the wet tropics area, the area is divided into the following management zones—\nzone A\nzone B\nzone C.\nEach zone is established according to the management purposes of the zone stated in division 2 .\ns 6 amd 2020 SL No. 176 s 6\n(sec.6-ssec.1) For managing the wet tropics area, the area is divided into the following management zones— zone A zone B zone C.\n(sec.6-ssec.2) Each zone is established according to the management purposes of the zone stated in division 2 .\n- • zone A\n- • zone B\n- • zone C.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Zoning map","content":"### sec.7 Zoning map\n\nEach zone is shown on the zoning map prepared and held by the authority in digital electronic form.\nSubject to subsection (3) —\nthe exact location of the boundary of a zone shown on the zoning map is held in digital electronic form by the authority; and\nthe information held in digital electronic form can be reduced or enlarged to show the details of the boundary of the zone.\nThe zoning map may include other information to help to identify the exact location of the boundary of a zone.\nThe zoning map may identify the exact location of the boundary of a zone by reference to a stated distance from a geographical feature, road or structure shown on the map.\ns 7 sub 2020 SL No. 176 s 7\n(sec.7-ssec.1) Each zone is shown on the zoning map prepared and held by the authority in digital electronic form.\n(sec.7-ssec.2) Subject to subsection (3) — the exact location of the boundary of a zone shown on the zoning map is held in digital electronic form by the authority; and the information held in digital electronic form can be reduced or enlarged to show the details of the boundary of the zone.\n(sec.7-ssec.3) The zoning map may include other information to help to identify the exact location of the boundary of a zone. The zoning map may identify the exact location of the boundary of a zone by reference to a stated distance from a geographical feature, road or structure shown on the map.\n- (a) the exact location of the boundary of a zone shown on the zoning map is held in digital electronic form by the authority; and\n- (b) the information held in digital electronic form can be reduced or enlarged to show the details of the boundary of the zone.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Management purposes of zones","content":"## Management purposes of zones","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Management purposes of zone A","content":"### sec.10 Management purposes of zone A\n\nThe main management purpose of zone A is to protect and conserve the world heritage values and integrity of land in the zone.\nOther management purposes of zone A are—\nif land in the zone is disturbed—to restore and enhance the world heritage values and integrity of the land if, and to the extent, it is reasonably practicable; and\nto enable visitors to access parts of the land in the zone to appreciate and enjoy the area.\ns 10 sub 2020 SL No. 176 s 10\n(sec.10-ssec.1) The main management purpose of zone A is to protect and conserve the world heritage values and integrity of land in the zone.\n(sec.10-ssec.2) Other management purposes of zone A are— if land in the zone is disturbed—to restore and enhance the world heritage values and integrity of the land if, and to the extent, it is reasonably practicable; and to enable visitors to access parts of the land in the zone to appreciate and enjoy the area.\n- (a) if land in the zone is disturbed—to restore and enhance the world heritage values and integrity of the land if, and to the extent, it is reasonably practicable; and\n- (b) to enable visitors to access parts of the land in the zone to appreciate and enjoy the area.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Management purposes of zone B","content":"### sec.11 Management purposes of zone B\n\nThe main management purpose of zone B is to protect and conserve the world heritage values and integrity of land in the zone.\nOther management purposes of zone B are—\nif land in the zone is disturbed—to restore and enhance the world heritage values and integrity of the land if, and to the extent, it is reasonably practicable; and\nto enable visitors to access parts of the land in the zone to appreciate and enjoy the area; and\nto be a buffer between zone A and community services infrastructure.\ns 11 sub 2020 SL No. 176 s 10\n(sec.11-ssec.1) The main management purpose of zone B is to protect and conserve the world heritage values and integrity of land in the zone.\n(sec.11-ssec.2) Other management purposes of zone B are— if land in the zone is disturbed—to restore and enhance the world heritage values and integrity of the land if, and to the extent, it is reasonably practicable; and to enable visitors to access parts of the land in the zone to appreciate and enjoy the area; and to be a buffer between zone A and community services infrastructure.\n- (a) if land in the zone is disturbed—to restore and enhance the world heritage values and integrity of the land if, and to the extent, it is reasonably practicable; and\n- (b) to enable visitors to access parts of the land in the zone to appreciate and enjoy the area; and\n- (c) to be a buffer between zone A and community services infrastructure.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Management purposes of zone C","content":"### sec.12 Management purposes of zone C\n\nThe main management purposes of zone C are—\nto protect and enhance the world heritage values and integrity of the land in the zone, subject to paragraphs (b) and (c) ; and\nsubject to paragraph (c) , to accommodate—\ncommunity services infrastructure and visitor infrastructure; and\nparticular existing uses of parts of the zone shown on the zoning map; and\nto minimise any adverse impact of any activities allowed to be carried out in the zone on the world heritage values and integrity of the land in the zone.\nAnother management purpose of zone C is to ensure, so far as is reasonably practicable, that any visitor infrastructure on land in the zone is built and maintained in a way that—\nis ecologically sustainable; and\nis sensitively integrated into the surrounding landscape; and\nenhances visitors’ understanding and appreciation of the natural and cultural heritage of the area.\ns 12 sub 2020 SL No. 176 s 10\n(sec.12-ssec.1) The main management purposes of zone C are— to protect and enhance the world heritage values and integrity of the land in the zone, subject to paragraphs (b) and (c) ; and subject to paragraph (c) , to accommodate— community services infrastructure and visitor infrastructure; and particular existing uses of parts of the zone shown on the zoning map; and to minimise any adverse impact of any activities allowed to be carried out in the zone on the world heritage values and integrity of the land in the zone.\n(sec.12-ssec.2) Another management purpose of zone C is to ensure, so far as is reasonably practicable, that any visitor infrastructure on land in the zone is built and maintained in a way that— is ecologically sustainable; and is sensitively integrated into the surrounding landscape; and enhances visitors’ understanding and appreciation of the natural and cultural heritage of the area.\n- (a) to protect and enhance the world heritage values and integrity of the land in the zone, subject to paragraphs (b) and (c) ; and\n- (b) subject to paragraph (c) , to accommodate— (i) community services infrastructure and visitor infrastructure; and (ii) particular existing uses of parts of the zone shown on the zoning map; and\n- (i) community services infrastructure and visitor infrastructure; and\n- (ii) particular existing uses of parts of the zone shown on the zoning map; and\n- (c) to minimise any adverse impact of any activities allowed to be carried out in the zone on the world heritage values and integrity of the land in the zone.\n- (i) community services infrastructure and visitor infrastructure; and\n- (ii) particular existing uses of parts of the zone shown on the zoning map; and\n- (a) is ecologically sustainable; and\n- (b) is sensitively integrated into the surrounding landscape; and\n- (c) enhances visitors’ understanding and appreciation of the natural and cultural heritage of the area.","sortOrder":14},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Procedures for rezoning land and amending zoning map","content":"## Procedures for rezoning land and amending zoning map","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Application of subdivision","content":"### sec.13 Application of subdivision\n\nThis subdivision applies if the authority proposes to rezone land in the area or amend the zoning map for another purpose.\nHowever, this subdivision does not apply to rezoning of land in the area to which section 17 and schedule 1 apply.\ns 13 sub 2020 SL No. 176 s 10\n(sec.13-ssec.1) This subdivision applies if the authority proposes to rezone land in the area or amend the zoning map for another purpose.\n(sec.13-ssec.2) However, this subdivision does not apply to rezoning of land in the area to which section 17 and schedule 1 apply.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Procedure for amending zoning map generally","content":"### sec.14 Procedure for amending zoning map generally\n\nThis section applies for amending the zoning map other than under section 15 or schedule 1 , section 3 .\nThe zoning map may be amended only by complying with the procedure (the applied amendment procedure ) under sections 44 , 45 , 46 and 47 (1) and (2) of the Act , as if a reference in the sections to a management plan were a reference to a zoning map.\nNotice of the Governor in Council’s approval of a final zoning map must be published in the gazette.\nA final zoning map commences on the day the gazette notice is published or any later day stated in the notice.\nThe authority may prepare guidelines about matters the authority may consider for amending the zoning map under this section.\nIf the authority prepares guidelines under subsection (5) —\nthe authority may have regard to the guidelines for—\nconsidering any submissions made in response to a draft zoning map; and\npreparing a final zoning map; and\nthe authority must ensure the guidelines are available for inspection under section 4 .\nIn this section—\ndraft zoning map means a draft zoning map required to be prepared under the applied amendment procedure.\nfinal zoning map means a final zoning map required to be prepared under the applied amendment procedure.\ns 14 (prev s 8) (6) and (7) exp 1 September 1998 (see s 8(7))\namd 2020 SL No. 176 s 8 (1) – (6)\nreloc and renum 2020 SL No. 176 s 8 (7)\n(sec.14-ssec.1) This section applies for amending the zoning map other than under section 15 or schedule 1 , section 3 .\n(sec.14-ssec.2) The zoning map may be amended only by complying with the procedure (the applied amendment procedure ) under sections 44 , 45 , 46 and 47 (1) and (2) of the Act , as if a reference in the sections to a management plan were a reference to a zoning map.\n(sec.14-ssec.3) Notice of the Governor in Council’s approval of a final zoning map must be published in the gazette.\n(sec.14-ssec.4) A final zoning map commences on the day the gazette notice is published or any later day stated in the notice.\n(sec.14-ssec.5) The authority may prepare guidelines about matters the authority may consider for amending the zoning map under this section.\n(sec.14-ssec.6) If the authority prepares guidelines under subsection (5) — the authority may have regard to the guidelines for— considering any submissions made in response to a draft zoning map; and preparing a final zoning map; and the authority must ensure the guidelines are available for inspection under section 4 .\n(sec.14-ssec.7) In this section— draft zoning map means a draft zoning map required to be prepared under the applied amendment procedure. final zoning map means a final zoning map required to be prepared under the applied amendment procedure.\n- (a) the authority may have regard to the guidelines for— (i) considering any submissions made in response to a draft zoning map; and (ii) preparing a final zoning map; and\n- (i) considering any submissions made in response to a draft zoning map; and\n- (ii) preparing a final zoning map; and\n- (b) the authority must ensure the guidelines are available for inspection under section 4 .\n- (i) considering any submissions made in response to a draft zoning map; and\n- (ii) preparing a final zoning map; and","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Procedure for amending zoning map for particular purposes","content":"### sec.15 Procedure for amending zoning map for particular purposes\n\nThe authority may amend the zoning map (the old zoning map ) under this section for any of the following purposes—\nto show land in the area that is the subject of a registered cooperative management agreement;\nto make a change to the boundary of a zone that is a minor change under section 16 ;\nto show the location of existing community services infrastructure not shown on the zoning map, and to insert or change the boundary of a zone by reference to the location of the community services infrastructure;\nto change the boundary of a zone the authority is satisfied is incorrectly shown on the zoning map by reference to the actual location of a geographical feature, road or structure;\nto correct a minor error or make another change that is not a change of substance.\nThe authority may amend the old zoning map by—\npreparing another zoning map (the new zoning map ) that replaces the old zoning map; and\npublishing the new zoning map on the authority’s website.\nThe new zoning map commences on the day the zoning map is published under subsection (2) (b) or the later day stated on the zoning map.\nA failure to ensure the new zoning map is available for inspection under section 4 does not invalidate or otherwise affect the new zoning map.\nIn this section—\nexisting community services infrastructure means community services infrastructure that—\nexisted immediately before 1 September 1998 and has continued in existence since that day; or\nhas been lawfully built under this plan.\ns 15 sub 2020 SL No. 176 s 10\n(sec.15-ssec.1) The authority may amend the zoning map (the old zoning map ) under this section for any of the following purposes— to show land in the area that is the subject of a registered cooperative management agreement; to make a change to the boundary of a zone that is a minor change under section 16 ; to show the location of existing community services infrastructure not shown on the zoning map, and to insert or change the boundary of a zone by reference to the location of the community services infrastructure; to change the boundary of a zone the authority is satisfied is incorrectly shown on the zoning map by reference to the actual location of a geographical feature, road or structure; to correct a minor error or make another change that is not a change of substance.\n(sec.15-ssec.2) The authority may amend the old zoning map by— preparing another zoning map (the new zoning map ) that replaces the old zoning map; and publishing the new zoning map on the authority’s website.\n(sec.15-ssec.3) The new zoning map commences on the day the zoning map is published under subsection (2) (b) or the later day stated on the zoning map.\n(sec.15-ssec.4) A failure to ensure the new zoning map is available for inspection under section 4 does not invalidate or otherwise affect the new zoning map.\n(sec.15-ssec.5) In this section— existing community services infrastructure means community services infrastructure that— existed immediately before 1 September 1998 and has continued in existence since that day; or has been lawfully built under this plan.\n- (a) to show land in the area that is the subject of a registered cooperative management agreement;\n- (b) to make a change to the boundary of a zone that is a minor change under section 16 ;\n- (c) to show the location of existing community services infrastructure not shown on the zoning map, and to insert or change the boundary of a zone by reference to the location of the community services infrastructure;\n- (d) to change the boundary of a zone the authority is satisfied is incorrectly shown on the zoning map by reference to the actual location of a geographical feature, road or structure;\n- (e) to correct a minor error or make another change that is not a change of substance.\n- (a) preparing another zoning map (the new zoning map ) that replaces the old zoning map; and\n- (b) publishing the new zoning map on the authority’s website.\n- (a) existed immediately before 1 September 1998 and has continued in existence since that day; or\n- (b) has been lawfully built under this plan.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Criteria for minor change to zone boundary","content":"### sec.16 Criteria for minor change to zone boundary\n\nFor section 15 (1) (b) , a proposed change to the boundary of a zone is a minor change if the authority considers the change is minor having regard to—\nthe size of the area of land that will be affected by the change (the affected land ); and\nthe activities (the new activities ) that are proposed to be carried out on the affected land after the change is made; and\nthe likely impact of carrying out the new activities, including—\nthe extent to which the affected land is likely to be disturbed; and\nthe impact on the world heritage values and integrity of land in the area.\nThe authority may prepare guidelines about matters that may be relevant for deciding whether a proposed change to the boundary of a zone is a minor change under subsection (1) .\nIf the authority prepares guidelines under subsection (2) —\nthe authority may have regard to the guidelines in deciding whether a proposed change to the boundary of a zone is a minor change; and\nthe authority must ensure the guidelines are available for inspection under section 4 .\ns 16 sub 2020 SL No. 176 s 10\n(sec.16-ssec.1) For section 15 (1) (b) , a proposed change to the boundary of a zone is a minor change if the authority considers the change is minor having regard to— the size of the area of land that will be affected by the change (the affected land ); and the activities (the new activities ) that are proposed to be carried out on the affected land after the change is made; and the likely impact of carrying out the new activities, including— the extent to which the affected land is likely to be disturbed; and the impact on the world heritage values and integrity of land in the area.\n(sec.16-ssec.2) The authority may prepare guidelines about matters that may be relevant for deciding whether a proposed change to the boundary of a zone is a minor change under subsection (1) .\n(sec.16-ssec.3) If the authority prepares guidelines under subsection (2) — the authority may have regard to the guidelines in deciding whether a proposed change to the boundary of a zone is a minor change; and the authority must ensure the guidelines are available for inspection under section 4 .\n- (a) the size of the area of land that will be affected by the change (the affected land ); and\n- (b) the activities (the new activities ) that are proposed to be carried out on the affected land after the change is made; and\n- (c) the likely impact of carrying out the new activities, including— (i) the extent to which the affected land is likely to be disturbed; and (ii) the impact on the world heritage values and integrity of land in the area.\n- (i) the extent to which the affected land is likely to be disturbed; and\n- (ii) the impact on the world heritage values and integrity of land in the area.\n- (i) the extent to which the affected land is likely to be disturbed; and\n- (ii) the impact on the world heritage values and integrity of land in the area.\n- (a) the authority may have regard to the guidelines in deciding whether a proposed change to the boundary of a zone is a minor change; and\n- (b) the authority must ensure the guidelines are available for inspection under section 4 .","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Rezoning of land to accommodate essential community services infrastructure","content":"### sec.17 Rezoning of land to accommodate essential community services infrastructure\n\nThe zoning map may also be amended under schedule 1 .\nSchedule 1 provides for the rezoning of land in the area from zone B to zone C, on the application of a local government or State government entity, to accommodate essential community services infrastructure.\ns 17 (prev s 9) amd 2020 SL No. 176 s 9 (1) – (2)\nreloc and renum 2020 SL No. 176 s 9 (3)\n(sec.17-ssec.1) The zoning map may also be amended under schedule 1 .\n(sec.17-ssec.2) Schedule 1 provides for the rezoning of land in the area from zone B to zone C, on the application of a local government or State government entity, to accommodate essential community services infrastructure.","sortOrder":20},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Register of amendments of zoning map","content":"### sec.18 Register of amendments of zoning map\n\nThe authority must keep a register of amendments of the zoning map under this section.\nIf the zoning map (the old zoning map ) is amended under section 14 or 15 or schedule 1 , section 3 , the authority must—\nrecord in the register—\nfor a significant amendment—brief details of the basis on which the old zoning map was amended; and\nfor an amendment only under section 15 (1) (e) —full details of the amendment; and\nthe day the replacement map for the old zoning map commences; and\nfor a significant amendment—keep the old zoning map, or the part of that map that has been amended, in the register.\nThe authority must ensure the register, including each old zoning map or part kept under subsection (2) (b) , is available for inspection under section 4 .\nIn this section—\nreplacement map , for the old zoning map, means—\nif the old zoning map was amended under section 14 —the final zoning map mentioned in section 14 (3) ; or\nif the old zoning map was amended under section 15 —the new zoning map mentioned in section 15 (2) (a) ; or\nif the old zoning map was amended under schedule 1 , section 3 —the amended zoning map mentioned in section 3 (7) of the schedule.\nsignificant amendment means an amendment other than an amendment only under section 15 (1) (e) .\ns 18 sub 2020 SL No. 176 s 10\n(sec.18-ssec.1) The authority must keep a register of amendments of the zoning map under this section.\n(sec.18-ssec.2) If the zoning map (the old zoning map ) is amended under section 14 or 15 or schedule 1 , section 3 , the authority must— record in the register— for a significant amendment—brief details of the basis on which the old zoning map was amended; and for an amendment only under section 15 (1) (e) —full details of the amendment; and the day the replacement map for the old zoning map commences; and for a significant amendment—keep the old zoning map, or the part of that map that has been amended, in the register.\n(sec.18-ssec.3) The authority must ensure the register, including each old zoning map or part kept under subsection (2) (b) , is available for inspection under section 4 .\n(sec.18-ssec.4) In this section— replacement map , for the old zoning map, means— if the old zoning map was amended under section 14 —the final zoning map mentioned in section 14 (3) ; or if the old zoning map was amended under section 15 —the new zoning map mentioned in section 15 (2) (a) ; or if the old zoning map was amended under schedule 1 , section 3 —the amended zoning map mentioned in section 3 (7) of the schedule. significant amendment means an amendment other than an amendment only under section 15 (1) (e) .\n- (a) record in the register— (i) for a significant amendment—brief details of the basis on which the old zoning map was amended; and (ii) for an amendment only under section 15 (1) (e) —full details of the amendment; and (iii) the day the replacement map for the old zoning map commences; and\n- (i) for a significant amendment—brief details of the basis on which the old zoning map was amended; and\n- (ii) for an amendment only under section 15 (1) (e) —full details of the amendment; and\n- (iii) the day the replacement map for the old zoning map commences; and\n- (b) for a significant amendment—keep the old zoning map, or the part of that map that has been amended, in the register.\n- (i) for a significant amendment—brief details of the basis on which the old zoning map was amended; and\n- (ii) for an amendment only under section 15 (1) (e) —full details of the amendment; and\n- (iii) the day the replacement map for the old zoning map commences; and\n- (a) if the old zoning map was amended under section 14 —the final zoning map mentioned in section 14 (3) ; or\n- (b) if the old zoning map was amended under section 15 —the new zoning map mentioned in section 15 (2) (a) ; or\n- (c) if the old zoning map was amended under schedule 1 , section 3 —the amended zoning map mentioned in section 3 (7) of the schedule.","sortOrder":22},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 om 2020 SL No. 176 s 10","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 om 2020 SL No. 176 s 10","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 om 2020 SL No. 176 s 10","sortOrder":26},{"sectionNumber":"pt.3","sectionType":"part","heading":"Control of activities","content":"# Control of activities","sortOrder":27},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Explanation","content":"## Explanation","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Controls under the Act and this plan","content":"### sec.22 Controls under the Act and this plan\n\nActivities in the wet tropics area are controlled under the Act and this plan.\nThe main way the Act controls activities is under section 56 of the Act , which contains offences about destroying forest products.\nThis plan controls activities by—\nprohibiting certain activities; and\nallowing certain activities, which would otherwise be prohibited, to be carried out (either under a permit or without a permit); and\nexempting certain activities that destroy forest products, the consequence of which is that a person does not commit an offence against section 56 of the Act by carrying out the activities.\nSee division 6 (Exemptions).\nThis plan also provides for a person to enter into a cooperative management agreement with the authority changing the way this plan applies to the person.\ns 22 amd 2020 SL No. 176 s 11\n(sec.22-ssec.1) Activities in the wet tropics area are controlled under the Act and this plan.\n(sec.22-ssec.2) The main way the Act controls activities is under section 56 of the Act , which contains offences about destroying forest products.\n(sec.22-ssec.3) This plan controls activities by— prohibiting certain activities; and allowing certain activities, which would otherwise be prohibited, to be carried out (either under a permit or without a permit); and exempting certain activities that destroy forest products, the consequence of which is that a person does not commit an offence against section 56 of the Act by carrying out the activities. See division 6 (Exemptions).\n(sec.22-ssec.4) This plan also provides for a person to enter into a cooperative management agreement with the authority changing the way this plan applies to the person.\n- (a) prohibiting certain activities; and\n- (b) allowing certain activities, which would otherwise be prohibited, to be carried out (either under a permit or without a permit); and\n- (c) exempting certain activities that destroy forest products, the consequence of which is that a person does not commit an offence against section 56 of the Act by carrying out the activities. Note— See division 6 (Exemptions).","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Relationship with native title rights","content":"### sec.23 Relationship with native title rights\n\nThis plan applies to native title holders for land in the area but controls activities in a way that does not cause the native title holders to be in a more disadvantageous position at law than they would be if they instead held ordinary title to the land.\nSubsection (1) does not limit or otherwise affect the operation of the Native Title Act 1993 (Cwlth) or the Native Title (Queensland) Act 1993 .\nIn this section—\nordinary title has the meaning given by the Native Title Act 1993 (Cwlth) .\ns 23 amd 2020 SL No. 176 s 12\n(sec.23-ssec.1) This plan applies to native title holders for land in the area but controls activities in a way that does not cause the native title holders to be in a more disadvantageous position at law than they would be if they instead held ordinary title to the land.\n(sec.23-ssec.2) Subsection (1) does not limit or otherwise affect the operation of the Native Title Act 1993 (Cwlth) or the Native Title (Queensland) Act 1993 .\n(sec.23-ssec.3) In this section— ordinary title has the meaning given by the Native Title Act 1993 (Cwlth) .","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Provisions do not affect other laws or confer entitlement to permit","content":"### sec.24 Provisions do not affect other laws or confer entitlement to permit\n\nTo remove any doubt, it is declared that—\na provision allowing a person to carry out an activity does not affect the operation of any other law under which the activity is unlawful or controlled in another way; and\na provision allowing a person to carry out an activity under a permit does not affect a decision under part 4 whether to issue a permit to the person to carry out the activity.\n- (a) a provision allowing a person to carry out an activity does not affect the operation of any other law under which the activity is unlawful or controlled in another way; and\n- (b) a provision allowing a person to carry out an activity under a permit does not affect a decision under part 4 whether to issue a permit to the person to carry out the activity.","sortOrder":31},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Prohibited activities","content":"## Prohibited activities","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Destroying forest products","content":"### sec.25 Destroying forest products\n\nIt is an offence under section 56 of the Act to carry out certain activities that destroy forest products in the wet tropics area.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Other prohibited activities","content":"### sec.26 Other prohibited activities\n\nA person must not, without a reasonable excuse, carry out any of the following activities in the wet tropics area, except so far as the activity is lawfully carried out under division 3 or 4 or a registered cooperative management agreement—\nplanting, cultivating, propagating or disposing of an undesirable plant;\nkeeping or grazing an undesirable animal, bringing in an undesirable animal, or allowing an undesirable animal to stray or escape onto, or remain at, any place in the area;\ntranslocating a crustacean or fish;\nmining, fossicking, eductor dredging or destructive mineral exploration;\nexcavating, grading, quarrying or otherwise interfering with earth;\ninterfering with a watercourse by extracting or diverting water, damming the watercourse or carrying out another activity interfering with its natural flow;\nbuilding or maintaining community services infrastructure, visitor infrastructure or another structure;\nbuilding or maintaining a road, other than a road that is community services infrastructure;\ndisposing of waste;\noperating a waste facility;\noperating a motor vehicle;\noperating a motorised boat;\nflying a motorised aircraft less than 1,000ft above the area, or landing a motorised aircraft, for commercial purposes;\nreconfiguring a lot, if the reconfiguration would be assessable development for which a local government would be the assessment manager.\nMaximum penalty—\nfor subsection (1) (a) , (c) , (d) , (e) , (f) , (g) , (h) or (j) —165 penalty units; or\nfor subsection (1) (b) or (i) —100 penalty units; or\nfor subsection (1) (k) , (l) , (m) or (n) —50 penalty units.\nTo remove any doubt, it is declared that subsection (1) , other than (1)(m), applies to an activity whether or not it is carried out as a business.\ns 26 amd 2020 SL No. 176 s 13\n(sec.26-ssec.1) A person must not, without a reasonable excuse, carry out any of the following activities in the wet tropics area, except so far as the activity is lawfully carried out under division 3 or 4 or a registered cooperative management agreement— planting, cultivating, propagating or disposing of an undesirable plant; keeping or grazing an undesirable animal, bringing in an undesirable animal, or allowing an undesirable animal to stray or escape onto, or remain at, any place in the area; translocating a crustacean or fish; mining, fossicking, eductor dredging or destructive mineral exploration; excavating, grading, quarrying or otherwise interfering with earth; interfering with a watercourse by extracting or diverting water, damming the watercourse or carrying out another activity interfering with its natural flow; building or maintaining community services infrastructure, visitor infrastructure or another structure; building or maintaining a road, other than a road that is community services infrastructure; disposing of waste; operating a waste facility; operating a motor vehicle; operating a motorised boat; flying a motorised aircraft less than 1,000ft above the area, or landing a motorised aircraft, for commercial purposes; reconfiguring a lot, if the reconfiguration would be assessable development for which a local government would be the assessment manager. Maximum penalty— for subsection (1) (a) , (c) , (d) , (e) , (f) , (g) , (h) or (j) —165 penalty units; or for subsection (1) (b) or (i) —100 penalty units; or for subsection (1) (k) , (l) , (m) or (n) —50 penalty units.\n(sec.26-ssec.2) To remove any doubt, it is declared that subsection (1) , other than (1)(m), applies to an activity whether or not it is carried out as a business.\n- (a) planting, cultivating, propagating or disposing of an undesirable plant;\n- (b) keeping or grazing an undesirable animal, bringing in an undesirable animal, or allowing an undesirable animal to stray or escape onto, or remain at, any place in the area;\n- (c) translocating a crustacean or fish;\n- (d) mining, fossicking, eductor dredging or destructive mineral exploration;\n- (e) excavating, grading, quarrying or otherwise interfering with earth;\n- (f) interfering with a watercourse by extracting or diverting water, damming the watercourse or carrying out another activity interfering with its natural flow;\n- (g) building or maintaining community services infrastructure, visitor infrastructure or another structure;\n- (h) building or maintaining a road, other than a road that is community services infrastructure;\n- (i) disposing of waste;\n- (j) operating a waste facility;\n- (k) operating a motor vehicle;\n- (l) operating a motorised boat;\n- (m) flying a motorised aircraft less than 1,000ft above the area, or landing a motorised aircraft, for commercial purposes;\n- (n) reconfiguring a lot, if the reconfiguration would be assessable development for which a local government would be the assessment manager.\n- (a) for subsection (1) (a) , (c) , (d) , (e) , (f) , (g) , (h) or (j) —165 penalty units; or\n- (b) for subsection (1) (b) or (i) —100 penalty units; or\n- (c) for subsection (1) (k) , (l) , (m) or (n) —50 penalty units.","sortOrder":34},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Allowed activities","content":"## Allowed activities","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Particular activities allowed in all zones","content":"### sec.27 Particular activities allowed in all zones\n\nA person may carry out any of the following activities in the wet tropics area—\nan activity for—\nprotecting the life of, or preventing injury to, a person, if the activity is carried out in an emergency; or\nthe urgent protection of property; or\nthe urgent control of a fire or other natural disaster;\nmaintaining a firebreak that existed immediately before 1 September 1998 or was lawfully established under this plan;\noperating a motorised boat in a dam, in tidal waters or on Lake Barrine, if the operation is otherwise lawful;\nburning vegetation, other than in a rainforest area, if the burning is otherwise lawful;\ntransporting an undesirable animal through the area, in a vehicle or within some other constraint, in a way that ensures the animal cannot stray or escape onto land in the area;\ngrazing cattle, other than in a rainforest area, if the grazing is otherwise lawful;\nfor a government—the operation of community services infrastructure being lawfully operated by the government immediately before 1 September 1998;\ndisposing of general waste in a container provided by the land-holder for that purpose, subject to section 29 as it applies to the land-holder disposing of waste;\na member of the public disposing of food waste in a rubbish bin on land in a protected area if the bin is provided by the land-holder for that purpose\nflying a motorised aircraft, for commercial purposes, less than 1,000ft above the area if—\nascending while taking-off from a place outside the area; or\nflying at a level that is reasonably necessary for safety purposes; or\ndescending to land at a place outside the area.\nSee also section 23 .\nIn this section—\ncattle means European cattle or zebu cattle.\npreventing injury , to a person, includes, if the person has been injured, reducing the injury or preventing further injury.\ns 27 amd 2020 SL No. 176 s 14 ; 2023 SL No. 142 s 4\n(sec.27-ssec.1) A person may carry out any of the following activities in the wet tropics area— an activity for— protecting the life of, or preventing injury to, a person, if the activity is carried out in an emergency; or the urgent protection of property; or the urgent control of a fire or other natural disaster; maintaining a firebreak that existed immediately before 1 September 1998 or was lawfully established under this plan; operating a motorised boat in a dam, in tidal waters or on Lake Barrine, if the operation is otherwise lawful; burning vegetation, other than in a rainforest area, if the burning is otherwise lawful; transporting an undesirable animal through the area, in a vehicle or within some other constraint, in a way that ensures the animal cannot stray or escape onto land in the area; grazing cattle, other than in a rainforest area, if the grazing is otherwise lawful; for a government—the operation of community services infrastructure being lawfully operated by the government immediately before 1 September 1998; disposing of general waste in a container provided by the land-holder for that purpose, subject to section 29 as it applies to the land-holder disposing of waste; a member of the public disposing of food waste in a rubbish bin on land in a protected area if the bin is provided by the land-holder for that purpose flying a motorised aircraft, for commercial purposes, less than 1,000ft above the area if— ascending while taking-off from a place outside the area; or flying at a level that is reasonably necessary for safety purposes; or descending to land at a place outside the area. See also section 23 .\n(sec.27-ssec.2) In this section— cattle means European cattle or zebu cattle. preventing injury , to a person, includes, if the person has been injured, reducing the injury or preventing further injury.\n- (a) an activity for— (i) protecting the life of, or preventing injury to, a person, if the activity is carried out in an emergency; or (ii) the urgent protection of property; or (iii) the urgent control of a fire or other natural disaster;\n- (i) protecting the life of, or preventing injury to, a person, if the activity is carried out in an emergency; or\n- (ii) the urgent protection of property; or\n- (iii) the urgent control of a fire or other natural disaster;\n- (b) maintaining a firebreak that existed immediately before 1 September 1998 or was lawfully established under this plan;\n- (c) operating a motorised boat in a dam, in tidal waters or on Lake Barrine, if the operation is otherwise lawful;\n- (d) burning vegetation, other than in a rainforest area, if the burning is otherwise lawful;\n- (e) transporting an undesirable animal through the area, in a vehicle or within some other constraint, in a way that ensures the animal cannot stray or escape onto land in the area;\n- (f) grazing cattle, other than in a rainforest area, if the grazing is otherwise lawful;\n- (g) for a government—the operation of community services infrastructure being lawfully operated by the government immediately before 1 September 1998;\n- (h) disposing of general waste in a container provided by the land-holder for that purpose, subject to section 29 as it applies to the land-holder disposing of waste; Example for paragraph (h) — a member of the public disposing of food waste in a rubbish bin on land in a protected area if the bin is provided by the land-holder for that purpose\n- (i) flying a motorised aircraft, for commercial purposes, less than 1,000ft above the area if— (i) ascending while taking-off from a place outside the area; or (ii) flying at a level that is reasonably necessary for safety purposes; or (iii) descending to land at a place outside the area.\n- (i) ascending while taking-off from a place outside the area; or\n- (ii) flying at a level that is reasonably necessary for safety purposes; or\n- (iii) descending to land at a place outside the area.\n- (i) protecting the life of, or preventing injury to, a person, if the activity is carried out in an emergency; or\n- (ii) the urgent protection of property; or\n- (iii) the urgent control of a fire or other natural disaster;\n- (i) ascending while taking-off from a place outside the area; or\n- (ii) flying at a level that is reasonably necessary for safety purposes; or\n- (iii) descending to land at a place outside the area.","sortOrder":36},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Keeping a dog or cat","content":"### sec.27A Keeping a dog or cat\n\nA person may keep a dog or cat on land in the wet tropics area if—\nthe land is private land or land in relation to which native title exists; and\nthe person is the land-holder or native title holder or has the permission of the land-holder or native title holder to keep the dog or cat; and\nfor land in a rainforest area—the person keeps the dog or cat within the curtilage of a residence on the land; and\nthe person keeps the dog or cat in a way that—\ncomplies with the relevant local laws; and\notherwise minimises the risk of the dog or cat threatening native animals (the relevant risk ).\nA person keeps a dog or cat in a way that minimises the relevant risk if the person keeps the dog or cat—\nindoors or within a securely enclosed area; or\nfor a dog—restrained by a leash; or\nin another way that minimises the relevant risk.\nFor subsection (2) (c) , the authority may prepare guidelines about the ways a cat or dog may be kept that minimise the relevant risk.\nIf the authority prepares guidelines under subsection (3) , the authority must ensure the guidelines are available for inspection under section 4 .\nIn this section—\nnative animals means animals that are native wildlife under the Nature Conservation Act 1992 .\nthreatening , native animals, includes attacking, chasing, hunting, injuring, preying on and stalking the animals.\ns 27A ins 2020 SL No. 176 s 15\n(sec.27A-ssec.1) A person may keep a dog or cat on land in the wet tropics area if— the land is private land or land in relation to which native title exists; and the person is the land-holder or native title holder or has the permission of the land-holder or native title holder to keep the dog or cat; and for land in a rainforest area—the person keeps the dog or cat within the curtilage of a residence on the land; and the person keeps the dog or cat in a way that— complies with the relevant local laws; and otherwise minimises the risk of the dog or cat threatening native animals (the relevant risk ).\n(sec.27A-ssec.2) A person keeps a dog or cat in a way that minimises the relevant risk if the person keeps the dog or cat— indoors or within a securely enclosed area; or for a dog—restrained by a leash; or in another way that minimises the relevant risk.\n(sec.27A-ssec.3) For subsection (2) (c) , the authority may prepare guidelines about the ways a cat or dog may be kept that minimise the relevant risk.\n(sec.27A-ssec.4) If the authority prepares guidelines under subsection (3) , the authority must ensure the guidelines are available for inspection under section 4 .\n(sec.27A-ssec.5) In this section— native animals means animals that are native wildlife under the Nature Conservation Act 1992 . threatening , native animals, includes attacking, chasing, hunting, injuring, preying on and stalking the animals.\n- (a) the land is private land or land in relation to which native title exists; and\n- (b) the person is the land-holder or native title holder or has the permission of the land-holder or native title holder to keep the dog or cat; and\n- (c) for land in a rainforest area—the person keeps the dog or cat within the curtilage of a residence on the land; and\n- (d) the person keeps the dog or cat in a way that— (i) complies with the relevant local laws; and (ii) otherwise minimises the risk of the dog or cat threatening native animals (the relevant risk ).\n- (i) complies with the relevant local laws; and\n- (ii) otherwise minimises the risk of the dog or cat threatening native animals (the relevant risk ).\n- (i) complies with the relevant local laws; and\n- (ii) otherwise minimises the risk of the dog or cat threatening native animals (the relevant risk ).\n- (a) indoors or within a securely enclosed area; or\n- (b) for a dog—restrained by a leash; or\n- (c) in another way that minimises the relevant risk.","sortOrder":37},{"sectionNumber":"sec.27B","sectionType":"section","heading":"Keeping honey bees","content":"### sec.27B Keeping honey bees\n\nA person may keep honey bees on land in the wet tropics area if—\nthe land is private land or land in relation to which native title exists but is not in a rainforest area; and\nthe person is the land-holder or native title holder or has the permission of the land-holder or native title holder to keep the honey bees; and\nthe person keeps the honey bees in a way that—\ncomplies with the Biosecurity Act 2014 ; and\notherwise minimises the risk of the bees swarming (the relevant risk ).\nA person keeps honey bees in a way that minimises the relevant risk if—\nthe person ensures—\nthe bee colony is divided into 2 or more units as the swarming season approaches; and\nadditional honey supers for brood rearing and honey storage are provided as reasonably required; and\nold or failing queen bees are replaced as reasonably necessary; or\nthe person keeps the bees in another way that minimises the relevant risk.\nFor subsection (2) (b) , the authority may prepare guidelines about the ways honey bees may be kept that minimise the relevant risk.\nIf the authority prepares guidelines under subsection (3) , the authority must ensure the guidelines are available for inspection under section 4 .\ns 27B ins 2020 SL No. 176 s 15\n(sec.27B-ssec.1) A person may keep honey bees on land in the wet tropics area if— the land is private land or land in relation to which native title exists but is not in a rainforest area; and the person is the land-holder or native title holder or has the permission of the land-holder or native title holder to keep the honey bees; and the person keeps the honey bees in a way that— complies with the Biosecurity Act 2014 ; and otherwise minimises the risk of the bees swarming (the relevant risk ).\n(sec.27B-ssec.2) A person keeps honey bees in a way that minimises the relevant risk if— the person ensures— the bee colony is divided into 2 or more units as the swarming season approaches; and additional honey supers for brood rearing and honey storage are provided as reasonably required; and old or failing queen bees are replaced as reasonably necessary; or the person keeps the bees in another way that minimises the relevant risk.\n(sec.27B-ssec.3) For subsection (2) (b) , the authority may prepare guidelines about the ways honey bees may be kept that minimise the relevant risk.\n(sec.27B-ssec.4) If the authority prepares guidelines under subsection (3) , the authority must ensure the guidelines are available for inspection under section 4 .\n- (a) the land is private land or land in relation to which native title exists but is not in a rainforest area; and\n- (b) the person is the land-holder or native title holder or has the permission of the land-holder or native title holder to keep the honey bees; and\n- (c) the person keeps the honey bees in a way that— (i) complies with the Biosecurity Act 2014 ; and (ii) otherwise minimises the risk of the bees swarming (the relevant risk ).\n- (i) complies with the Biosecurity Act 2014 ; and\n- (ii) otherwise minimises the risk of the bees swarming (the relevant risk ).\n- (i) complies with the Biosecurity Act 2014 ; and\n- (ii) otherwise minimises the risk of the bees swarming (the relevant risk ).\n- (a) the person ensures— (i) the bee colony is divided into 2 or more units as the swarming season approaches; and (ii) additional honey supers for brood rearing and honey storage are provided as reasonably required; and (iii) old or failing queen bees are replaced as reasonably necessary; or\n- (i) the bee colony is divided into 2 or more units as the swarming season approaches; and\n- (ii) additional honey supers for brood rearing and honey storage are provided as reasonably required; and\n- (iii) old or failing queen bees are replaced as reasonably necessary; or\n- (b) the person keeps the bees in another way that minimises the relevant risk.\n- (i) the bee colony is divided into 2 or more units as the swarming season approaches; and\n- (ii) additional honey supers for brood rearing and honey storage are provided as reasonably required; and\n- (iii) old or failing queen bees are replaced as reasonably necessary; or","sortOrder":38},{"sectionNumber":"sec.27C","sectionType":"section","heading":"Operating a motor vehicle on particular roads","content":"### sec.27C Operating a motor vehicle on particular roads\n\nA person may operate a motor vehicle in the wet tropics area—\non a road shown on the zoning map; or\non a road in a protected area; or\non a road in a State forest or timber reserve.\nWithout limiting section 24 (a) —\nthe operation of a motor vehicle on a road mentioned in subsection (1) (b) is subject to any restriction under the Nature Conservation Act 1992 , including, for example, a restriction under a nature conservation regulatory notice; and\nthe operation of a motor vehicle on a road mentioned in subsection (1) (c) is subject to any restriction under the Forestry Act 1959 , including, for example, a restriction under a forestry regulatory notice.\nIn this section—\nforestry chief executive means the chief executive of the department in which the Forestry Act 1959 is administered.\nforestry regulatory notice means a notice, displayed by the forestry chief executive under the Forestry Act 1959 , section 34AA , regulating the use of a vehicle in a State forest or timber reserve.\nnature conservation regulatory notice means a sign or marking, erected or placed by the nature conservation chief executive under the Nature Conservation Act 1992 , regulating the use of a vehicle in a protected area.\nState forest see the Forestry Act 1959 , schedule 3 .\ntimber reserve see the Forestry Act 1959 , schedule 3 .\ns 27C ins 2020 SL No. 176 s 15\n(sec.27C-ssec.1) A person may operate a motor vehicle in the wet tropics area— on a road shown on the zoning map; or on a road in a protected area; or on a road in a State forest or timber reserve.\n(sec.27C-ssec.2) Without limiting section 24 (a) — the operation of a motor vehicle on a road mentioned in subsection (1) (b) is subject to any restriction under the Nature Conservation Act 1992 , including, for example, a restriction under a nature conservation regulatory notice; and the operation of a motor vehicle on a road mentioned in subsection (1) (c) is subject to any restriction under the Forestry Act 1959 , including, for example, a restriction under a forestry regulatory notice.\n(sec.27C-ssec.3) In this section— forestry chief executive means the chief executive of the department in which the Forestry Act 1959 is administered. forestry regulatory notice means a notice, displayed by the forestry chief executive under the Forestry Act 1959 , section 34AA , regulating the use of a vehicle in a State forest or timber reserve. nature conservation regulatory notice means a sign or marking, erected or placed by the nature conservation chief executive under the Nature Conservation Act 1992 , regulating the use of a vehicle in a protected area. State forest see the Forestry Act 1959 , schedule 3 . timber reserve see the Forestry Act 1959 , schedule 3 .\n- (a) on a road shown on the zoning map; or\n- (b) on a road in a protected area; or\n- (c) on a road in a State forest or timber reserve.\n- (a) the operation of a motor vehicle on a road mentioned in subsection (1) (b) is subject to any restriction under the Nature Conservation Act 1992 , including, for example, a restriction under a nature conservation regulatory notice; and\n- (b) the operation of a motor vehicle on a road mentioned in subsection (1) (c) is subject to any restriction under the Forestry Act 1959 , including, for example, a restriction under a forestry regulatory notice.","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Activities with minor and inconsequential impact","content":"### sec.28 Activities with minor and inconsequential impact\n\nA person may carry out an activity in the wet tropics area that—\ncauses no more than minor and inconsequential destruction of a forest product; and\nhas no more than a minor and inconsequential adverse impact on the world heritage values and integrity of the area; and\ncauses no more than minor and inconsequential interference with earth or a watercourse.\nThe following activities, for example, could reasonably be carried out on the land in a way that complies with subsection (1) —\nmaintaining a residence;\nmaintaining the following things around a residence—a structure, garden, lawful access road or small clearing;\ndriving a vehicle off a road to the extent necessary to get around an immovable obstacle on the road;\nbushwalking in the area;\ntaking water from a watercourse for personal consumption while in the area.\nHowever, subsection (1) does not allow a person to—\nfly a motorised aircraft less than 1,000ft above the area, or land a motorised aircraft, for commercial purposes; or\nreconfigure a lot, if the reconfiguration would be assessable development for which a local government would be the assessment manager.\nFor subsection (1) , the authority may prepare guidelines about activities that may be carried out in a way that complies with subsection (1) .\nIf the authority prepares guidelines under subsection (4) , the authority must ensure the guidelines are available for inspection under section 4 .\ns 28 amd 2020 SL No. 176 s 16\n(sec.28-ssec.1) A person may carry out an activity in the wet tropics area that— causes no more than minor and inconsequential destruction of a forest product; and has no more than a minor and inconsequential adverse impact on the world heritage values and integrity of the area; and causes no more than minor and inconsequential interference with earth or a watercourse.\n(sec.28-ssec.2) The following activities, for example, could reasonably be carried out on the land in a way that complies with subsection (1) — maintaining a residence; maintaining the following things around a residence—a structure, garden, lawful access road or small clearing; driving a vehicle off a road to the extent necessary to get around an immovable obstacle on the road; bushwalking in the area; taking water from a watercourse for personal consumption while in the area.\n(sec.28-ssec.3) However, subsection (1) does not allow a person to— fly a motorised aircraft less than 1,000ft above the area, or land a motorised aircraft, for commercial purposes; or reconfigure a lot, if the reconfiguration would be assessable development for which a local government would be the assessment manager.\n(sec.28-ssec.4) For subsection (1) , the authority may prepare guidelines about activities that may be carried out in a way that complies with subsection (1) .\n(sec.28-ssec.5) If the authority prepares guidelines under subsection (4) , the authority must ensure the guidelines are available for inspection under section 4 .\n- (a) causes no more than minor and inconsequential destruction of a forest product; and\n- (b) has no more than a minor and inconsequential adverse impact on the world heritage values and integrity of the area; and\n- (c) causes no more than minor and inconsequential interference with earth or a watercourse.\n- (a) maintaining a residence;\n- (b) maintaining the following things around a residence—a structure, garden, lawful access road or small clearing;\n- (c) driving a vehicle off a road to the extent necessary to get around an immovable obstacle on the road;\n- (d) bushwalking in the area;\n- (e) taking water from a watercourse for personal consumption while in the area.\n- (a) fly a motorised aircraft less than 1,000ft above the area, or land a motorised aircraft, for commercial purposes; or\n- (b) reconfigure a lot, if the reconfiguration would be assessable development for which a local government would be the assessment manager.","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Particular allowed activities by persons with an interest in land","content":"### sec.29 Particular allowed activities by persons with an interest in land\n\nA land-holder holding freehold title to land in the area may carry out an allowed activity for the land so far as the land-holder is entitled to carry out the activity under the land-holder’s title.\nA native title holder for land in the area may carry out an allowed activity for the land so far as the native title holder is entitled to carry out the activity under the native title holder’s native title.\nA government holding an interest in land in the area may carry out an allowed activity for the land so far as the government is entitled to carry out the activity on the land.\nA person may, under the permission of a land-holder, native title holder or government mentioned in subsection (1) , (2) or (3) , carry out an allowed activity for the land to which the subsection relates so far as the land-holder, native title holder or government may carry out the activity under the subsection.\nIn this section—\nallowed activity , for land in the area, means—\nan activity on the land for the protection, conservation or rehabilitation of the world heritage values and integrity of the area; or\noperating a motor vehicle on a lawful access road for the land; or\ndisposing of commercial waste or domestic waste consisting of organic matter, or green waste, on the land, if the waste is disposed of in a way that causes the least adverse impact on the world heritage values and integrity of the land; or\nburying, composting\nstoring general waste, other than general waste to which paragraph (c) applies, on the land, if—\nthe waste is stored in a way that does not impact the world heritage values and integrity of the land; and\nthe waste is stored temporarily and removed from the area for disposal at reasonable intervals.\ncommercial waste see the Environmental Protection Regulation 2019 , schedule 19 , part 2 .\ndomestic waste see the Environmental Protection Regulation 2019 , schedule 19 , part 2 .\ngreen waste see the Environmental Protection Regulation 2019 , schedule 19 , part 2 .\ns 29 sub 2020 SL No. 176 s 17\n(sec.29-ssec.1) A land-holder holding freehold title to land in the area may carry out an allowed activity for the land so far as the land-holder is entitled to carry out the activity under the land-holder’s title.\n(sec.29-ssec.2) A native title holder for land in the area may carry out an allowed activity for the land so far as the native title holder is entitled to carry out the activity under the native title holder’s native title.\n(sec.29-ssec.3) A government holding an interest in land in the area may carry out an allowed activity for the land so far as the government is entitled to carry out the activity on the land.\n(sec.29-ssec.4) A person may, under the permission of a land-holder, native title holder or government mentioned in subsection (1) , (2) or (3) , carry out an allowed activity for the land to which the subsection relates so far as the land-holder, native title holder or government may carry out the activity under the subsection.\n(sec.29-ssec.5) In this section— allowed activity , for land in the area, means— an activity on the land for the protection, conservation or rehabilitation of the world heritage values and integrity of the area; or operating a motor vehicle on a lawful access road for the land; or disposing of commercial waste or domestic waste consisting of organic matter, or green waste, on the land, if the waste is disposed of in a way that causes the least adverse impact on the world heritage values and integrity of the land; or burying, composting storing general waste, other than general waste to which paragraph (c) applies, on the land, if— the waste is stored in a way that does not impact the world heritage values and integrity of the land; and the waste is stored temporarily and removed from the area for disposal at reasonable intervals. commercial waste see the Environmental Protection Regulation 2019 , schedule 19 , part 2 . domestic waste see the Environmental Protection Regulation 2019 , schedule 19 , part 2 . green waste see the Environmental Protection Regulation 2019 , schedule 19 , part 2 .\n- (a) an activity on the land for the protection, conservation or rehabilitation of the world heritage values and integrity of the area; or\n- (b) operating a motor vehicle on a lawful access road for the land; or\n- (c) disposing of commercial waste or domestic waste consisting of organic matter, or green waste, on the land, if the waste is disposed of in a way that causes the least adverse impact on the world heritage values and integrity of the land; or Examples of ways of disposal for paragraph (c) — burying, composting\n- (d) storing general waste, other than general waste to which paragraph (c) applies, on the land, if— (i) the waste is stored in a way that does not impact the world heritage values and integrity of the land; and (ii) the waste is stored temporarily and removed from the area for disposal at reasonable intervals.\n- (i) the waste is stored in a way that does not impact the world heritage values and integrity of the land; and\n- (ii) the waste is stored temporarily and removed from the area for disposal at reasonable intervals.\n- (i) the waste is stored in a way that does not impact the world heritage values and integrity of the land; and\n- (ii) the waste is stored temporarily and removed from the area for disposal at reasonable intervals.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Certain activities by nature conservation chief executive","content":"### sec.30 Certain activities by nature conservation chief executive\n\nThe nature conservation chief executive may carry out an activity in a protected area in the wet tropics area if the nature conservation chief executive considers the activity would be—\nconsistent with part 4 , divisions 2 to 4 , as if a reference in the divisions to the authority deciding a permit application were a reference to the nature conservation chief executive deciding whether to carry out the activity under this section; and\nconsistent with the management principles prescribed for the protected area under the Nature Conservation Act 1992 , or necessary to protect cultural values in the protected area.\nIn carrying out an activity under subsection (1) , the nature conservation chief executive must comply with section 10 (4) to (6) of the Act , as if a reference to the authority performing its functions were a reference to the nature conservation chief executive carrying out the activity.\ns 30 amd 2020 SL No. 176 s 18\n(sec.30-ssec.1) The nature conservation chief executive may carry out an activity in a protected area in the wet tropics area if the nature conservation chief executive considers the activity would be— consistent with part 4 , divisions 2 to 4 , as if a reference in the divisions to the authority deciding a permit application were a reference to the nature conservation chief executive deciding whether to carry out the activity under this section; and consistent with the management principles prescribed for the protected area under the Nature Conservation Act 1992 , or necessary to protect cultural values in the protected area.\n(sec.30-ssec.2) In carrying out an activity under subsection (1) , the nature conservation chief executive must comply with section 10 (4) to (6) of the Act , as if a reference to the authority performing its functions were a reference to the nature conservation chief executive carrying out the activity.\n- (a) consistent with part 4 , divisions 2 to 4 , as if a reference in the divisions to the authority deciding a permit application were a reference to the nature conservation chief executive deciding whether to carry out the activity under this section; and\n- (b) consistent with the management principles prescribed for the protected area under the Nature Conservation Act 1992 , or necessary to protect cultural values in the protected area.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Certain activities by authority","content":"### sec.31 Certain activities by authority\n\nThe authority may carry out an activity in the area if it considers the activity would be consistent with part 4 , divisions 2 to 4 , as if a reference in the divisions to the authority deciding a permit application were a reference to the authority deciding whether to carry out the activity under this section.","sortOrder":43},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Activities allowed under permit","content":"## Activities allowed under permit","sortOrder":44},{"sectionNumber":"sec.32","sectionType":"section","heading":"Activities may be carried out under permit","content":"### sec.32 Activities may be carried out under permit\n\nThis division specifies activities (each a permitted activity ) for which a permit may be issued.\nIf a permit is issued to a person under this plan for a permitted activity, the person may carry out the activity under the permit.\nTo remove any doubt, it is declared that—\nit is only necessary to apply for a permit for a permitted activity if carrying out the activity without a permit would be unlawful under this plan; and\nif a person has a native title right or interest to carry out an activity, this division applies subject to the Native Title Act 1993 (Cwlth) , section 211 .\nNative Title Act 1993 (Cwlth) , section 211 limits the operation of certain laws that would otherwise prohibit or restrict native title holders from exercising certain native title rights (such as hunting or fishing) other than under a licence, permit or other instrument.\ns 32 amd 2020 SL No. 176 s 19\n(sec.32-ssec.1) This division specifies activities (each a permitted activity ) for which a permit may be issued.\n(sec.32-ssec.2) If a permit is issued to a person under this plan for a permitted activity, the person may carry out the activity under the permit.\n(sec.32-ssec.3) To remove any doubt, it is declared that— it is only necessary to apply for a permit for a permitted activity if carrying out the activity without a permit would be unlawful under this plan; and if a person has a native title right or interest to carry out an activity, this division applies subject to the Native Title Act 1993 (Cwlth) , section 211 . Native Title Act 1993 (Cwlth) , section 211 limits the operation of certain laws that would otherwise prohibit or restrict native title holders from exercising certain native title rights (such as hunting or fishing) other than under a licence, permit or other instrument.\n- (a) it is only necessary to apply for a permit for a permitted activity if carrying out the activity without a permit would be unlawful under this plan; and\n- (b) if a person has a native title right or interest to carry out an activity, this division applies subject to the Native Title Act 1993 (Cwlth) , section 211 . Note— Native Title Act 1993 (Cwlth) , section 211 limits the operation of certain laws that would otherwise prohibit or restrict native title holders from exercising certain native title rights (such as hunting or fishing) other than under a licence, permit or other instrument.","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"Activities permitted in all zones","content":"### sec.33 Activities permitted in all zones\n\nA permit may be issued to a person to carry out any of the following activities on land in the wet tropics area—\nan activity the person was lawfully carrying out immediately before the 2020 amendment day;\nan activity the person has a native title right or interest to carry out;\nmaintaining community services infrastructure, visitor infrastructure or another structure;\nmaintaining a road, other than a road that is community services infrastructure;\nclearing vegetation around a structure or road to the extent necessary for its appropriate use, if the structure or road—\nexisted immediately before 1 September 1998; or\nhas been lawfully built under this plan;\nbuilding limited visitor infrastructure;\nestablishing a firebreak;\nan activity for protecting the life of, or preventing injury to, a person, other than an activity carried out in an emergency;\nclearing vegetation to make a space that can be used in the future as a landing place for a rescue helicopter in an emergency\nan activity for the protection, other than the urgent protection, of property;\nremoving a decaying tree that may in the future pose a risk of damaging a nearby residence if it is not removed\ncollecting seeds and other propagules;\ndestroying a forest product to conserve or rehabilitate the area;\nA particular habitat requires management by fire to conserve native plants of a particular species in the habitat. A permit would be required to lop, dry and burn the plants to allow them to propagate in the habitat.\ndestroying a forest product to improve the presentation of the area for visitors;\nlopping the regrowth of native plants that are obscuring the view from a lookout used by visitors to the area\ndisposing of an undesirable plant;\ntranslocating a crustacean or fish, other than a fish of a species mentioned in schedule 2A , part 1 ;\nbringing a dog into the area for conserving or managing the area;\nbringing a working dog into the area to muster cattle so that the cattle can be removed from the area\nusing a motorised aircraft, for commercial purposes, to—\ntake-off from, or land in, the area; or\nfly at less than 1,000ft above the area, other than as reasonably necessary for safety purposes;\nreconfiguring a lot, if the reconfiguration is assessable development for which a local government is the assessment manager;\noperating a motor vehicle on a lawful access road for the land—\nto conserve, protect or rehabilitate land in the area; or\nto carry out scientific research; or\nto the extent reasonably necessary to carry out another permitted activity mentioned in this section.\nIn this section—\npreventing injury , to a person, see section 27 (2) .\ns 33 sub 2020 SL No. 176 s 20\n(sec.33-ssec.1) A permit may be issued to a person to carry out any of the following activities on land in the wet tropics area— an activity the person was lawfully carrying out immediately before the 2020 amendment day; an activity the person has a native title right or interest to carry out; maintaining community services infrastructure, visitor infrastructure or another structure; maintaining a road, other than a road that is community services infrastructure; clearing vegetation around a structure or road to the extent necessary for its appropriate use, if the structure or road— existed immediately before 1 September 1998; or has been lawfully built under this plan; building limited visitor infrastructure; establishing a firebreak; an activity for protecting the life of, or preventing injury to, a person, other than an activity carried out in an emergency; clearing vegetation to make a space that can be used in the future as a landing place for a rescue helicopter in an emergency an activity for the protection, other than the urgent protection, of property; removing a decaying tree that may in the future pose a risk of damaging a nearby residence if it is not removed collecting seeds and other propagules; destroying a forest product to conserve or rehabilitate the area; A particular habitat requires management by fire to conserve native plants of a particular species in the habitat. A permit would be required to lop, dry and burn the plants to allow them to propagate in the habitat. destroying a forest product to improve the presentation of the area for visitors; lopping the regrowth of native plants that are obscuring the view from a lookout used by visitors to the area disposing of an undesirable plant; translocating a crustacean or fish, other than a fish of a species mentioned in schedule 2A , part 1 ; bringing a dog into the area for conserving or managing the area; bringing a working dog into the area to muster cattle so that the cattle can be removed from the area using a motorised aircraft, for commercial purposes, to— take-off from, or land in, the area; or fly at less than 1,000ft above the area, other than as reasonably necessary for safety purposes; reconfiguring a lot, if the reconfiguration is assessable development for which a local government is the assessment manager; operating a motor vehicle on a lawful access road for the land— to conserve, protect or rehabilitate land in the area; or to carry out scientific research; or to the extent reasonably necessary to carry out another permitted activity mentioned in this section.\n(sec.33-ssec.2) In this section— preventing injury , to a person, see section 27 (2) .\n- (a) an activity the person was lawfully carrying out immediately before the 2020 amendment day;\n- (b) an activity the person has a native title right or interest to carry out;\n- (c) maintaining community services infrastructure, visitor infrastructure or another structure;\n- (d) maintaining a road, other than a road that is community services infrastructure;\n- (e) clearing vegetation around a structure or road to the extent necessary for its appropriate use, if the structure or road— (i) existed immediately before 1 September 1998; or (ii) has been lawfully built under this plan;\n- (i) existed immediately before 1 September 1998; or\n- (ii) has been lawfully built under this plan;\n- (f) building limited visitor infrastructure;\n- (g) establishing a firebreak;\n- (h) an activity for protecting the life of, or preventing injury to, a person, other than an activity carried out in an emergency; Example for paragraph (h) — clearing vegetation to make a space that can be used in the future as a landing place for a rescue helicopter in an emergency\n- (i) an activity for the protection, other than the urgent protection, of property; Example for paragraph (i) — removing a decaying tree that may in the future pose a risk of damaging a nearby residence if it is not removed\n- (j) collecting seeds and other propagules;\n- (k) destroying a forest product to conserve or rehabilitate the area; Example for paragraph (k) — A particular habitat requires management by fire to conserve native plants of a particular species in the habitat. A permit would be required to lop, dry and burn the plants to allow them to propagate in the habitat.\n- (l) destroying a forest product to improve the presentation of the area for visitors; Example for paragraph (l) — lopping the regrowth of native plants that are obscuring the view from a lookout used by visitors to the area\n- (m) disposing of an undesirable plant;\n- (n) translocating a crustacean or fish, other than a fish of a species mentioned in schedule 2A , part 1 ;\n- (o) bringing a dog into the area for conserving or managing the area; Example for paragraph (o) — bringing a working dog into the area to muster cattle so that the cattle can be removed from the area\n- (p) using a motorised aircraft, for commercial purposes, to— (i) take-off from, or land in, the area; or (ii) fly at less than 1,000ft above the area, other than as reasonably necessary for safety purposes;\n- (i) take-off from, or land in, the area; or\n- (ii) fly at less than 1,000ft above the area, other than as reasonably necessary for safety purposes;\n- (q) reconfiguring a lot, if the reconfiguration is assessable development for which a local government is the assessment manager;\n- (r) operating a motor vehicle on a lawful access road for the land— (i) to conserve, protect or rehabilitate land in the area; or (ii) to carry out scientific research; or (iii) to the extent reasonably necessary to carry out another permitted activity mentioned in this section.\n- (i) to conserve, protect or rehabilitate land in the area; or\n- (ii) to carry out scientific research; or\n- (iii) to the extent reasonably necessary to carry out another permitted activity mentioned in this section.\n- (i) existed immediately before 1 September 1998; or\n- (ii) has been lawfully built under this plan;\n- (i) take-off from, or land in, the area; or\n- (ii) fly at less than 1,000ft above the area, other than as reasonably necessary for safety purposes;\n- (i) to conserve, protect or rehabilitate land in the area; or\n- (ii) to carry out scientific research; or\n- (iii) to the extent reasonably necessary to carry out another permitted activity mentioned in this section.","sortOrder":46},{"sectionNumber":"sec.34","sectionType":"section","heading":"Certain activities in zone C","content":"### sec.34 Certain activities in zone C\n\nA permit may be issued to a person to carry out any of the following activities in zone C—\nbuilding community services infrastructure, developed visitor infrastructure or another structure;\nbuilding a road, other than a road that is community services infrastructure;\ndismantling community services infrastructure or developed visitor infrastructure;\nbeekeeping, other than in a rainforest area;\nexcavating, grading, quarrying or otherwise interfering with earth;\ninterfering with a watercourse by extracting or diverting water, damming the watercourse or carrying out another activity that interferes with its natural flow.\ns 34 amd 2020 SL No. 176 s 21\n- (a) building community services infrastructure, developed visitor infrastructure or another structure;\n- (b) building a road, other than a road that is community services infrastructure;\n- (c) dismantling community services infrastructure or developed visitor infrastructure;\n- (d) beekeeping, other than in a rainforest area;\n- (e) excavating, grading, quarrying or otherwise interfering with earth;\n- (f) interfering with a watercourse by extracting or diverting water, damming the watercourse or carrying out another activity that interferes with its natural flow.","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Domestic activities by person with an interest in land","content":"### sec.35 Domestic activities by person with an interest in land\n\nA permit may be issued to a land-holder holding freehold title to land in the area to carry out a domestic activity on the land so far as the land-holder is entitled to carry out the activity under the land-holder’s freehold title.\nA permit may be issued to a native title holder for land in the area to carry out a domestic activity on the land so far as the native title holder is entitled to carry out the activity under the native title holder’s native title.\nA permit may be issued to a government holding an interest in land in the area to carry out a domestic activity on the land so far as the government is entitled to carry out the activity on the land.\nA permit may be issued to another person to carry out a domestic activity on land in the area under the permission of a land-holder or native title holder for, or a government holding an interest in, the land, if a permit to carry out the activity could be issued under this section to the land-holder, native title holder or government.\nIn this section—\ndomestic activity , for land, means—\na prescribed domestic activity for the land; or\nbuilding an ancillary outbuilding on the land.\nprescribed domestic activity , for land, means any of the following activities carried out, or to be carried out, on the land—\nbuilding a residence;\nclearing or building a pedestrian or vehicular access to a residence on the land;\ninstalling infrastructure for any of the following for domestic use—\nan electricity supply;\na water supply;\ntelecommunications;\nextracting water for domestic use;\nestablishing a garden or orchard, other than for commercial purposes.\ns 35 amd 2020 SL No. 176 s 22\n(sec.35-ssec.1) A permit may be issued to a land-holder holding freehold title to land in the area to carry out a domestic activity on the land so far as the land-holder is entitled to carry out the activity under the land-holder’s freehold title.\n(sec.35-ssec.2) A permit may be issued to a native title holder for land in the area to carry out a domestic activity on the land so far as the native title holder is entitled to carry out the activity under the native title holder’s native title.\n(sec.35-ssec.3) A permit may be issued to a government holding an interest in land in the area to carry out a domestic activity on the land so far as the government is entitled to carry out the activity on the land.\n(sec.35-ssec.4) A permit may be issued to another person to carry out a domestic activity on land in the area under the permission of a land-holder or native title holder for, or a government holding an interest in, the land, if a permit to carry out the activity could be issued under this section to the land-holder, native title holder or government.\n(sec.35-ssec.5) In this section— domestic activity , for land, means— a prescribed domestic activity for the land; or building an ancillary outbuilding on the land. prescribed domestic activity , for land, means any of the following activities carried out, or to be carried out, on the land— building a residence; clearing or building a pedestrian or vehicular access to a residence on the land; installing infrastructure for any of the following for domestic use— an electricity supply; a water supply; telecommunications; extracting water for domestic use; establishing a garden or orchard, other than for commercial purposes.\n- (a) a prescribed domestic activity for the land; or\n- (b) building an ancillary outbuilding on the land.\n- (a) building a residence;\n- (b) clearing or building a pedestrian or vehicular access to a residence on the land;\n- (c) installing infrastructure for any of the following for domestic use— (i) an electricity supply; (ii) a water supply; (iii) telecommunications;\n- (i) an electricity supply;\n- (ii) a water supply;\n- (iii) telecommunications;\n- (d) extracting water for domestic use;\n- (e) establishing a garden or orchard, other than for commercial purposes.\n- (i) an electricity supply;\n- (ii) a water supply;\n- (iii) telecommunications;","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":"Activities to avoid injurious affection to interest","content":"### sec.36 Activities to avoid injurious affection to interest\n\nA permit may be issued to a land-holder to carry out an activity if the land-holder’s interest in the land would be injuriously affected if the land-holder were not allowed to carry out the activity.","sortOrder":49},{"sectionNumber":"sec.37","sectionType":"section","heading":"Activities in protected area","content":"### sec.37 Activities in protected area\n\nA permit may be issued to a person to carry out an activity in a protected area if the person holds a licence, permit or other authority to carry out the activity given under another Act administered by the nature conservation Minister.\nIn this section—\nnature conservation Minister means the Minister administering the Nature Conservation Act 1992 in relation to protected areas.\ns 37 amd 2020 SL No. 176 s 23\n(sec.37-ssec.1) A permit may be issued to a person to carry out an activity in a protected area if the person holds a licence, permit or other authority to carry out the activity given under another Act administered by the nature conservation Minister.\n(sec.37-ssec.2) In this section— nature conservation Minister means the Minister administering the Nature Conservation Act 1992 in relation to protected areas.","sortOrder":50},{"sectionNumber":"sec.38","sectionType":"section","heading":"Activities in zone B that may reduce impacts on the area","content":"### sec.38 Activities in zone B that may reduce impacts on the area\n\nThis section applies only to zone B.\nA permit may be issued to a person to carry out an activity if the authority considers carrying out the activity would have less adverse impact on the world heritage values and integrity of the area than not carrying out the activity.\nSubsection (2) applies whether or not the activity is consistent with the management purposes of zone B.\nA person applies for a permit to build a powerline in zone B and to remove 2 other powerlines. The authority may issue the permit (under part 4 ) if it considers building the new powerline would have less adverse impact on the world heritage values and integrity of the area than not building the new powerline and allowing the 2 existing powerlines to remain.\nA person applies for a permit to build a powerline in zone B. An alternative way of achieving the purpose of the proposed activity involves building 2 powerlines, which would have a more adverse impact on the world heritage values and integrity of the area. Subsection (2) does not provide that a permit may be issued to build the powerline merely because it would have less adverse impact than a particular alternative. In this case, not building the powerline does not necessarily involve implementing the alternative with the more adverse impact.\ns 38 amd 2020 SL No. 176 s 24\n(sec.38-ssec.1) This section applies only to zone B.\n(sec.38-ssec.2) A permit may be issued to a person to carry out an activity if the authority considers carrying out the activity would have less adverse impact on the world heritage values and integrity of the area than not carrying out the activity.\n(sec.38-ssec.3) Subsection (2) applies whether or not the activity is consistent with the management purposes of zone B. A person applies for a permit to build a powerline in zone B and to remove 2 other powerlines. The authority may issue the permit (under part 4 ) if it considers building the new powerline would have less adverse impact on the world heritage values and integrity of the area than not building the new powerline and allowing the 2 existing powerlines to remain. A person applies for a permit to build a powerline in zone B. An alternative way of achieving the purpose of the proposed activity involves building 2 powerlines, which would have a more adverse impact on the world heritage values and integrity of the area. Subsection (2) does not provide that a permit may be issued to build the powerline merely because it would have less adverse impact than a particular alternative. In this case, not building the powerline does not necessarily involve implementing the alternative with the more adverse impact.\n- 1 A person applies for a permit to build a powerline in zone B and to remove 2 other powerlines. The authority may issue the permit (under part 4 ) if it considers building the new powerline would have less adverse impact on the world heritage values and integrity of the area than not building the new powerline and allowing the 2 existing powerlines to remain.\n- 2 A person applies for a permit to build a powerline in zone B. An alternative way of achieving the purpose of the proposed activity involves building 2 powerlines, which would have a more adverse impact on the world heritage values and integrity of the area. Subsection (2) does not provide that a permit may be issued to build the powerline merely because it would have less adverse impact than a particular alternative. In this case, not building the powerline does not necessarily involve implementing the alternative with the more adverse impact.","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Activities to prepare assessment or obtain information or documents for the authority","content":"### sec.39 Activities to prepare assessment or obtain information or documents for the authority\n\nThis section applies if—\nthe authority asks a local government or State government entity (each the relevant entity ) to prepare an environmental impact assessment or give the authority other information or documents under schedule 1 , section 1A ; or\nthe authority asks a person (also the relevant entity ) to prepare an environmental impact assessment or give the authority other information or documents under section 41 (6) or 47 (1) .\nA permit may be issued to the relevant entity to carry out an activity that the authority considers is reasonably necessary to prepare the environmental impact assessment or give the information or documents.\nSubsection (2) applies whether or not the activity is consistent with the management purposes of the zone where the activity is proposed to be carried out.\ns 39 sub 2020 SL No. 176 s 25\n(sec.39-ssec.1) This section applies if— the authority asks a local government or State government entity (each the relevant entity ) to prepare an environmental impact assessment or give the authority other information or documents under schedule 1 , section 1A ; or the authority asks a person (also the relevant entity ) to prepare an environmental impact assessment or give the authority other information or documents under section 41 (6) or 47 (1) .\n(sec.39-ssec.2) A permit may be issued to the relevant entity to carry out an activity that the authority considers is reasonably necessary to prepare the environmental impact assessment or give the information or documents.\n(sec.39-ssec.3) Subsection (2) applies whether or not the activity is consistent with the management purposes of the zone where the activity is proposed to be carried out.\n- (a) the authority asks a local government or State government entity (each the relevant entity ) to prepare an environmental impact assessment or give the authority other information or documents under schedule 1 , section 1A ; or\n- (b) the authority asks a person (also the relevant entity ) to prepare an environmental impact assessment or give the authority other information or documents under section 41 (6) or 47 (1) .","sortOrder":52},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Controls under agreements","content":"## Controls under agreements","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Authority must negotiate","content":"### sec.40 Authority must negotiate\n\nThis section applies if—\na person or a group of persons has or claims rights concerning land in the area; and\nthe person or group seeks negotiations in good faith with the authority about the exercise of the rights.\nThe authority must negotiate in good faith with the person or group as soon as practicable after the negotiations are sought, with a view to entering into a mutually beneficial agreement that is lawful and consistent with achieving the primary goal.\nA person is, or claims to be, the holder of a freehold title or native title in relation to land in the area. The exercise of particular rights under the title could result in damage to an area of rainforest. The person seeks negotiations in good faith with the authority about the exercise of the rights. The authority must negotiate in good faith with the person under this section. The negotiations may lead to the authority and the person entering into a cooperative management agreement under section 41 .\nIn this section—\nrights , concerning land, includes rights and interests held by Aboriginal people particularly concerned with the land.\ns 40 amd 2020 SL No. 176 s 27\n(sec.40-ssec.1) This section applies if— a person or a group of persons has or claims rights concerning land in the area; and the person or group seeks negotiations in good faith with the authority about the exercise of the rights.\n(sec.40-ssec.2) The authority must negotiate in good faith with the person or group as soon as practicable after the negotiations are sought, with a view to entering into a mutually beneficial agreement that is lawful and consistent with achieving the primary goal. A person is, or claims to be, the holder of a freehold title or native title in relation to land in the area. The exercise of particular rights under the title could result in damage to an area of rainforest. The person seeks negotiations in good faith with the authority about the exercise of the rights. The authority must negotiate in good faith with the person under this section. The negotiations may lead to the authority and the person entering into a cooperative management agreement under section 41 .\n(sec.40-ssec.3) In this section— rights , concerning land, includes rights and interests held by Aboriginal people particularly concerned with the land.\n- (a) a person or a group of persons has or claims rights concerning land in the area; and\n- (b) the person or group seeks negotiations in good faith with the authority about the exercise of the rights.","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Entering into a cooperative management agreement","content":"### sec.41 Entering into a cooperative management agreement\n\nThis section applies if the authority has negotiated under section 40 (2) with a person or a group of persons mentioned in section 40 (1) (a) .\nThe authority and the person, or group of persons, may enter into a cooperative management agreement for this section under which—\nthe person or group agrees to contribute in some way to achieving the primary goal, including, for example, in either or both of the following ways—\nby rehabilitating, or improving the presentation of, particular land in the area;\nby not carrying out an activity on particular land in the area the person or group could otherwise lawfully carry out under this plan; and\nthe authority agrees—\nto give a stated consideration to the person or group; or\nthat the person or group may carry out an activity the person or group could not otherwise lawfully carry out under this plan.\nWithout limiting subsection (2) , if the exercise of the person’s or group’s rights concerning land in the area could adversely affect the world heritage values and integrity of the land, the agreement may provide for changing the way this plan applies to the person or group.\nThe agreement may also provide for other matters necessary or convenient to give effect to the matters mentioned in subsection (2) or (3) , including, for example, the consequences of the person contravening the agreement.\nThe authority may enter into the agreement only if it considers the agreement would contribute to achieving the primary goal.\nBefore entering the agreement, the authority may ask the person for an environmental impact assessment or other information relevant to deciding whether to enter the agreement.\nAs well as the authority and the person mentioned in subsection (1) , other persons may be parties to the agreement including, for example, the land-holder and any native title holder for the land the subject of the agreement.\nThe agreement must state that it is an agreement to which section 43 applies.\nTo remove any doubt, it is declared that the authority may enter the agreement whether or not there is an approved determination of native title under which the person has a right or interest to carry out an activity in the area.\ns 41 amd 2020 SL No. 176 s 29\n(sec.41-ssec.1) This section applies if the authority has negotiated under section 40 (2) with a person or a group of persons mentioned in section 40 (1) (a) .\n(sec.41-ssec.2) The authority and the person, or group of persons, may enter into a cooperative management agreement for this section under which— the person or group agrees to contribute in some way to achieving the primary goal, including, for example, in either or both of the following ways— by rehabilitating, or improving the presentation of, particular land in the area; by not carrying out an activity on particular land in the area the person or group could otherwise lawfully carry out under this plan; and the authority agrees— to give a stated consideration to the person or group; or that the person or group may carry out an activity the person or group could not otherwise lawfully carry out under this plan.\n(sec.41-ssec.3) Without limiting subsection (2) , if the exercise of the person’s or group’s rights concerning land in the area could adversely affect the world heritage values and integrity of the land, the agreement may provide for changing the way this plan applies to the person or group.\n(sec.41-ssec.4) The agreement may also provide for other matters necessary or convenient to give effect to the matters mentioned in subsection (2) or (3) , including, for example, the consequences of the person contravening the agreement.\n(sec.41-ssec.5) The authority may enter into the agreement only if it considers the agreement would contribute to achieving the primary goal.\n(sec.41-ssec.6) Before entering the agreement, the authority may ask the person for an environmental impact assessment or other information relevant to deciding whether to enter the agreement.\n(sec.41-ssec.7) As well as the authority and the person mentioned in subsection (1) , other persons may be parties to the agreement including, for example, the land-holder and any native title holder for the land the subject of the agreement.\n(sec.41-ssec.8) The agreement must state that it is an agreement to which section 43 applies.\n(sec.41-ssec.9) To remove any doubt, it is declared that the authority may enter the agreement whether or not there is an approved determination of native title under which the person has a right or interest to carry out an activity in the area.\n- (a) the person or group agrees to contribute in some way to achieving the primary goal, including, for example, in either or both of the following ways— (i) by rehabilitating, or improving the presentation of, particular land in the area; (ii) by not carrying out an activity on particular land in the area the person or group could otherwise lawfully carry out under this plan; and\n- (i) by rehabilitating, or improving the presentation of, particular land in the area;\n- (ii) by not carrying out an activity on particular land in the area the person or group could otherwise lawfully carry out under this plan; and\n- (b) the authority agrees— (i) to give a stated consideration to the person or group; or (ii) that the person or group may carry out an activity the person or group could not otherwise lawfully carry out under this plan.\n- (i) to give a stated consideration to the person or group; or\n- (ii) that the person or group may carry out an activity the person or group could not otherwise lawfully carry out under this plan.\n- (i) by rehabilitating, or improving the presentation of, particular land in the area;\n- (ii) by not carrying out an activity on particular land in the area the person or group could otherwise lawfully carry out under this plan; and\n- (i) to give a stated consideration to the person or group; or\n- (ii) that the person or group may carry out an activity the person or group could not otherwise lawfully carry out under this plan.","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Matters for consideration for proposed cooperative management agreement","content":"### sec.42 Matters for consideration for proposed cooperative management agreement\n\nThis section applies to the authority for—\ndeciding whether or not to enter into a cooperative management agreement under section 41 (a proposed agreement ); or\ndeciding the provisions the authority may agree to include in a proposed agreement.\nWithout limiting section 41 , the authority must have regard to the following matters—\nthe potential impact of any activities that may be carried out under the proposed agreement on the world heritage values and integrity of the area;\nthe ecological sustainability of—\nany activities that may be carried out under the proposed agreement; and\nany proposed uses of the land the subject of the proposed agreement (the proposed agreement land );\nSee also paragraphs 90 and 119 of the operational guidelines.\nthe rights or interests of any land-holder or native title holder in the proposed agreement land;\nthe Aboriginal tradition of any Aboriginal people particularly concerned with the proposed agreement land;\nan activity that has been, or is being, lawfully carried out on the proposed agreement land, other than an activity to which paragraph (c) or (d) is relevant.\nA failure to comply with subsection (2) does not invalidate or otherwise affect a cooperative management agreement, or a provision of a cooperative management agreement, entered into under section 41 .\nThe authority may prepare guidelines about considering a matter mentioned in subsection (2) and any other matter it may consider relevant for entering into a cooperative management agreement under section 41 .\nIf the authority prepares guidelines under subsection (4) , the authority must ensure the guidelines are available for inspection under section 4 .\ns 42 sub 2020 SL No. 176 s 30\n(sec.42-ssec.1) This section applies to the authority for— deciding whether or not to enter into a cooperative management agreement under section 41 (a proposed agreement ); or deciding the provisions the authority may agree to include in a proposed agreement.\n(sec.42-ssec.2) Without limiting section 41 , the authority must have regard to the following matters— the potential impact of any activities that may be carried out under the proposed agreement on the world heritage values and integrity of the area; the ecological sustainability of— any activities that may be carried out under the proposed agreement; and any proposed uses of the land the subject of the proposed agreement (the proposed agreement land ); See also paragraphs 90 and 119 of the operational guidelines. the rights or interests of any land-holder or native title holder in the proposed agreement land; the Aboriginal tradition of any Aboriginal people particularly concerned with the proposed agreement land; an activity that has been, or is being, lawfully carried out on the proposed agreement land, other than an activity to which paragraph (c) or (d) is relevant.\n(sec.42-ssec.3) A failure to comply with subsection (2) does not invalidate or otherwise affect a cooperative management agreement, or a provision of a cooperative management agreement, entered into under section 41 .\n(sec.42-ssec.4) The authority may prepare guidelines about considering a matter mentioned in subsection (2) and any other matter it may consider relevant for entering into a cooperative management agreement under section 41 .\n(sec.42-ssec.5) If the authority prepares guidelines under subsection (4) , the authority must ensure the guidelines are available for inspection under section 4 .\n- (a) deciding whether or not to enter into a cooperative management agreement under section 41 (a proposed agreement ); or\n- (b) deciding the provisions the authority may agree to include in a proposed agreement.\n- (a) the potential impact of any activities that may be carried out under the proposed agreement on the world heritage values and integrity of the area;\n- (b) the ecological sustainability of— (i) any activities that may be carried out under the proposed agreement; and (ii) any proposed uses of the land the subject of the proposed agreement (the proposed agreement land ); Note— See also paragraphs 90 and 119 of the operational guidelines.\n- (i) any activities that may be carried out under the proposed agreement; and\n- (ii) any proposed uses of the land the subject of the proposed agreement (the proposed agreement land );\n- (c) the rights or interests of any land-holder or native title holder in the proposed agreement land;\n- (d) the Aboriginal tradition of any Aboriginal people particularly concerned with the proposed agreement land;\n- (e) an activity that has been, or is being, lawfully carried out on the proposed agreement land, other than an activity to which paragraph (c) or (d) is relevant.\n- (i) any activities that may be carried out under the proposed agreement; and\n- (ii) any proposed uses of the land the subject of the proposed agreement (the proposed agreement land );","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Effect of cooperative management agreement on plan","content":"### sec.43 Effect of cooperative management agreement on plan\n\nThis section applies if the authority and a person, or a group of persons, enter into a cooperative management agreement under section 41 .\nThis plan applies to the person or group of persons subject to the cooperative management agreement.\nIf the cooperative management agreement is entered into by the land-holder or native title holder for the agreement land, this plan also applies subject to the agreement in relation to the land.\nThis section applies subject to sections 43A to 43D .\ns 43 sub 2020 SL No. 176 s 30\n(sec.43-ssec.1) This section applies if the authority and a person, or a group of persons, enter into a cooperative management agreement under section 41 .\n(sec.43-ssec.2) This plan applies to the person or group of persons subject to the cooperative management agreement.\n(sec.43-ssec.3) If the cooperative management agreement is entered into by the land-holder or native title holder for the agreement land, this plan also applies subject to the agreement in relation to the land.\n(sec.43-ssec.4) This section applies subject to sections 43A to 43D .","sortOrder":57},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Inconsistency between cooperative management agreements","content":"### sec.43A Inconsistency between cooperative management agreements\n\nThis section applies if—\na cooperative management agreement has been entered into under section 41 for particular agreement land (the earlier agreement ); and\na cooperative management agreement is later entered into under section 41 (the later agreement ) for the agreement land, or part of the agreement land, to which the earlier agreement relates; and\nthere is an inconsistency between the earlier agreement and the later agreement.\nThe earlier agreement prevails to the extent of the inconsistency.\ns 43A ins 2020 SL No. 176 s 30\n(sec.43A-ssec.1) This section applies if— a cooperative management agreement has been entered into under section 41 for particular agreement land (the earlier agreement ); and a cooperative management agreement is later entered into under section 41 (the later agreement ) for the agreement land, or part of the agreement land, to which the earlier agreement relates; and there is an inconsistency between the earlier agreement and the later agreement.\n(sec.43A-ssec.2) The earlier agreement prevails to the extent of the inconsistency.\n- (a) a cooperative management agreement has been entered into under section 41 for particular agreement land (the earlier agreement ); and\n- (b) a cooperative management agreement is later entered into under section 41 (the later agreement ) for the agreement land, or part of the agreement land, to which the earlier agreement relates; and\n- (c) there is an inconsistency between the earlier agreement and the later agreement.","sortOrder":58},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Carrying out particular permitted activity under cooperative management agreement","content":"### sec.43B Carrying out particular permitted activity under cooperative management agreement\n\nThis section applies if a cooperative management agreement entered into under section 41 provides for carrying out a permitted activity, other than an activity to which section 37 applies, under a permit on the agreement land.\nPart 4 applies in relation to applying for, and issuing, a permit to carry out the permitted activity, other than to the extent (if any) expressly provided for under the cooperative management agreement.\nHowever, this section does not limit or otherwise affect the operation of—\nsection 48 , 49 , 53 , 54 or 64 ; or\npart 5 .\ns 43B ins 2020 SL No. 176 s 30\n(sec.43B-ssec.1) This section applies if a cooperative management agreement entered into under section 41 provides for carrying out a permitted activity, other than an activity to which section 37 applies, under a permit on the agreement land.\n(sec.43B-ssec.2) Part 4 applies in relation to applying for, and issuing, a permit to carry out the permitted activity, other than to the extent (if any) expressly provided for under the cooperative management agreement.\n(sec.43B-ssec.3) However, this section does not limit or otherwise affect the operation of— section 48 , 49 , 53 , 54 or 64 ; or part 5 .\n- (a) section 48 , 49 , 53 , 54 or 64 ; or\n- (b) part 5 .","sortOrder":59},{"sectionNumber":"sec.43C","sectionType":"section","heading":"Relationship between cooperative management agreement and zoning map","content":"### sec.43C Relationship between cooperative management agreement and zoning map\n\nThis section applies if there is an inconsistency between a cooperative management agreement entered into under section 41 and the zoning of the agreement land as shown on the zoning map because—\nan activity that may be carried out on the land consistently with the management purposes of the zone is prohibited under the agreement; or\nan activity that may not be carried out on the land consistently with the management purposes of the zone is allowed under the agreement.\nThe cooperative management agreement prevails to the extent of the inconsistency.\ns 43C ins 2020 SL No. 176 s 30\n(sec.43C-ssec.1) This section applies if there is an inconsistency between a cooperative management agreement entered into under section 41 and the zoning of the agreement land as shown on the zoning map because— an activity that may be carried out on the land consistently with the management purposes of the zone is prohibited under the agreement; or an activity that may not be carried out on the land consistently with the management purposes of the zone is allowed under the agreement.\n(sec.43C-ssec.2) The cooperative management agreement prevails to the extent of the inconsistency.\n- (a) an activity that may be carried out on the land consistently with the management purposes of the zone is prohibited under the agreement; or\n- (b) an activity that may not be carried out on the land consistently with the management purposes of the zone is allowed under the agreement.","sortOrder":60},{"sectionNumber":"sec.43D","sectionType":"section","heading":"Registration of cooperative management agreement","content":"### sec.43D Registration of cooperative management agreement\n\nThe authority must keep a register of cooperative management agreements entered into under section 41 .\nIf the authority and a person, or a group of persons, enter into a cooperative management agreement under section 41 , the authority must—\nregister the agreement by keeping a copy of the agreement in the register of cooperative management agreements; and\nensure each cooperative management agreement registered under paragraph (a) is available for inspection under section 4 .\nDespite subsection (2) (b) and section 4 , the authority must ensure any publicly available part of the register does not include the residential or email address, phone number or signature of a person who has entered into a cooperative management agreement with the authority.\ns 43D ins 2020 SL No. 176 s 30\n(sec.43D-ssec.1) The authority must keep a register of cooperative management agreements entered into under section 41 .\n(sec.43D-ssec.2) If the authority and a person, or a group of persons, enter into a cooperative management agreement under section 41 , the authority must— register the agreement by keeping a copy of the agreement in the register of cooperative management agreements; and ensure each cooperative management agreement registered under paragraph (a) is available for inspection under section 4 .\n(sec.43D-ssec.3) Despite subsection (2) (b) and section 4 , the authority must ensure any publicly available part of the register does not include the residential or email address, phone number or signature of a person who has entered into a cooperative management agreement with the authority.\n- (a) register the agreement by keeping a copy of the agreement in the register of cooperative management agreements; and\n- (b) ensure each cooperative management agreement registered under paragraph (a) is available for inspection under section 4 .","sortOrder":61},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":62},{"sectionNumber":"sec.44","sectionType":"section","heading":"Exemption of certain activities that destroy forest products","content":"### sec.44 Exemption of certain activities that destroy forest products\n\nFor section 56 (3) of the Act , definition prohibited act , paragraph (b) , an activity that destroys a forest product is exempted if it is carried out under—\ndivision 3 or 4 ; or\na registered cooperative management agreement.\nThe consequence of exempting the activities is that a person does not commit an offence against section 56 of the Act by carrying out the activities.\ns 44 amd 2020 SL No. 176 s 31\n- (a) division 3 or 4 ; or\n- (b) a registered cooperative management agreement.","sortOrder":63},{"sectionNumber":"pt.4","sectionType":"part","heading":"Permits","content":"# Permits","sortOrder":64},{"sectionNumber":"pt.4-div.1A","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":65},{"sectionNumber":"sec.44A","sectionType":"section","heading":"Application of part","content":"### sec.44A Application of part\n\nThis part applies if a permit may be issued to a person to carry out an activity—\nunder part 3 , division 4 ; or\nas provided for under a cooperative management agreement to which section 43B relates.\ns 44A ins 2020 SL No. 176 s 32\n(sec.44A-ssec) This part applies if a permit may be issued to a person to carry out an activity— under part 3 , division 4 ; or as provided for under a cooperative management agreement to which section 43B relates.\n- (a) under part 3 , division 4 ; or\n- (b) as provided for under a cooperative management agreement to which section 43B relates.","sortOrder":66},{"sectionNumber":"sec.44B","sectionType":"section","heading":"Definition for pts 4 and 5","content":"### sec.44B Definition for pts 4 and 5\n\nIn this part and part 5 —\napplication includes a request (however called) to carry out a permitted activity made under a cooperative management agreement to which section 43B relates.\ns 44B ins 2020 SL No. 176 s 32","sortOrder":67},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Procedural matters","content":"## Procedural matters","sortOrder":68},{"sectionNumber":"sec.45","sectionType":"section","heading":"Application for permit","content":"### sec.45 Application for permit\n\nThe person may apply to the authority for a permit to carry out the activity in the area.\nThe application must be in the approved form and accompanied by the fee prescribed under a regulation.\ns 45 amd 2020 SL No. 176 s 33\n(sec.45-ssec.1) The person may apply to the authority for a permit to carry out the activity in the area.\n(sec.45-ssec.2) The application must be in the approved form and accompanied by the fee prescribed under a regulation.","sortOrder":69},{"sectionNumber":"sec.46","sectionType":"section","heading":"Assessment fee","content":"### sec.46 Assessment fee\n\nThe applicant must also pay, within the time required by the authority, the reasonable fee required by the authority for assessing the application.\nThe time for payment must be reasonable, having regard to—\nthe amount of the fee; and\nwhen the assessment costs will be incurred by the authority; and\nthe due day for deciding the application.\nIf the applicant does not comply with subsection (1) , the application lapses.\n(sec.46-ssec.1) The applicant must also pay, within the time required by the authority, the reasonable fee required by the authority for assessing the application.\n(sec.46-ssec.2) The time for payment must be reasonable, having regard to— the amount of the fee; and when the assessment costs will be incurred by the authority; and the due day for deciding the application.\n(sec.46-ssec.3) If the applicant does not comply with subsection (1) , the application lapses.\n- (a) the amount of the fee; and\n- (b) when the assessment costs will be incurred by the authority; and\n- (c) the due day for deciding the application.","sortOrder":70},{"sectionNumber":"sec.47","sectionType":"section","heading":"Authority may ask for more information","content":"### sec.47 Authority may ask for more information\n\nThe authority, by written notice (the initial notice ), may ask the applicant for more information or documents relevant to deciding the application.\nan environmental impact assessment for the proposed activity meeting stated terms of reference\ninformation about the nature, scale, duration and extent of the proposed activity\ninformation about whether there is a prudent and feasible alternative to the activity\ninformation about the effects that a proposed decision on the application may have for the community or a part of the community.\nThe initial notice must state a reasonable period of at least 90 days for giving the information or documents.\nThe authority may ask the applicant for an environmental impact assessment under this section only if it considers—\nthe proposed activity might have an impact on the world heritage values and integrity of the area that is unacceptable under this plan; and\nhaving regard to the significance of the proposed activity, it would be reasonable to ask for the assessment.\nIf the authority asks the applicant for an environmental impact assessment, the applicant may comply by giving a copy of an environmental impact assessment for the proposed activity prepared to comply with another law (an existing EIA ).\nSubsection (6) applies if—\nthe applicant gives the authority an environmental impact assessment, including an existing EIA; and\nthe authority considers the assessment does not adequately address a matter relevant to deciding the application.\nThe authority may, by written notice (the supplementary notice ), ask the applicant to give the authority, within a stated period of at least 30 days, another environmental impact assessment, but only to address the matter stated in the supplementary notice.\nIf the authority asks for and obtains an environmental impact assessment under subsection (6) , the authority may not ask for another assessment under this section.\nThe authority may, by written notice (the extension notice ) to the applicant, extend the period stated for giving information or documents in the initial notice or supplementary notice.\nThe authority must not unreasonably refuse a request from the applicant for an extension mentioned in subsection (8) .\nIf the applicant does not give the authority information or documents within the period required by the initial or supplementary notice, or if extended, the extension notice, the application lapses.\ns 47 amd 2020 SL No. 176 s 34\n(sec.47-ssec.1) The authority, by written notice (the initial notice ), may ask the applicant for more information or documents relevant to deciding the application. an environmental impact assessment for the proposed activity meeting stated terms of reference information about the nature, scale, duration and extent of the proposed activity information about whether there is a prudent and feasible alternative to the activity information about the effects that a proposed decision on the application may have for the community or a part of the community.\n(sec.47-ssec.2) The initial notice must state a reasonable period of at least 90 days for giving the information or documents.\n(sec.47-ssec.3) The authority may ask the applicant for an environmental impact assessment under this section only if it considers— the proposed activity might have an impact on the world heritage values and integrity of the area that is unacceptable under this plan; and having regard to the significance of the proposed activity, it would be reasonable to ask for the assessment.\n(sec.47-ssec.4) If the authority asks the applicant for an environmental impact assessment, the applicant may comply by giving a copy of an environmental impact assessment for the proposed activity prepared to comply with another law (an existing EIA ).\n(sec.47-ssec.5) Subsection (6) applies if— the applicant gives the authority an environmental impact assessment, including an existing EIA; and the authority considers the assessment does not adequately address a matter relevant to deciding the application.\n(sec.47-ssec.6) The authority may, by written notice (the supplementary notice ), ask the applicant to give the authority, within a stated period of at least 30 days, another environmental impact assessment, but only to address the matter stated in the supplementary notice.\n(sec.47-ssec.7) If the authority asks for and obtains an environmental impact assessment under subsection (6) , the authority may not ask for another assessment under this section.\n(sec.47-ssec.8) The authority may, by written notice (the extension notice ) to the applicant, extend the period stated for giving information or documents in the initial notice or supplementary notice.\n(sec.47-ssec.9) The authority must not unreasonably refuse a request from the applicant for an extension mentioned in subsection (8) .\n(sec.47-ssec.10) If the applicant does not give the authority information or documents within the period required by the initial or supplementary notice, or if extended, the extension notice, the application lapses.\n- • an environmental impact assessment for the proposed activity meeting stated terms of reference\n- • information about the nature, scale, duration and extent of the proposed activity\n- • information about whether there is a prudent and feasible alternative to the activity\n- • information about the effects that a proposed decision on the application may have for the community or a part of the community.\n- (a) the proposed activity might have an impact on the world heritage values and integrity of the area that is unacceptable under this plan; and\n- (b) having regard to the significance of the proposed activity, it would be reasonable to ask for the assessment.\n- (a) the applicant gives the authority an environmental impact assessment, including an existing EIA; and\n- (b) the authority considers the assessment does not adequately address a matter relevant to deciding the application.","sortOrder":71},{"sectionNumber":"sec.48","sectionType":"section","heading":"Authority must decide application","content":"### sec.48 Authority must decide application\n\nThe authority must decide the application as soon as practicable by either—\nissuing the permit (with or without conditions); or\nrefusing to issue the permit.\n- (a) issuing the permit (with or without conditions); or\n- (b) refusing to issue the permit.","sortOrder":72},{"sectionNumber":"sec.49","sectionType":"section","heading":"Due day for deciding applications","content":"### sec.49 Due day for deciding applications\n\nThe due day for the authority to decide the application is the sixtieth day after the application is made, not including—\na day the authority asks for more information or documents under section 47 ; or\nthe day the applicant complies with the request; or\nany days between the days mentioned in paragraphs (a) and (b) .\nHowever, if requested to do so by the authority, the State Minister may extend the due day for deciding the application if the Minister is satisfied it would be reasonable, having regard to the nature of the application and any other matter relevant to the authority’s capacity to properly decide it.\nIf the State Minister extends the due day, the Minister must give written notice of the extension to the authority and the applicant.\nThe due day may also be extended by agreement between the authority and the applicant.\nIf the authority does not decide the application by the due day, including any extension—\nthe applicant may proceed under part 5 as if the authority had refused to issue the permit and had given the applicant written notice of the refusal on the due day; but\nif the applicant does not proceed under part 5 , the authority is still required to decide the application as soon as practicable.\ns 49 amd 2023 SL No. 142 s 5\n(sec.49-ssec.1) The due day for the authority to decide the application is the sixtieth day after the application is made, not including— a day the authority asks for more information or documents under section 47 ; or the day the applicant complies with the request; or any days between the days mentioned in paragraphs (a) and (b) .\n(sec.49-ssec.2) However, if requested to do so by the authority, the State Minister may extend the due day for deciding the application if the Minister is satisfied it would be reasonable, having regard to the nature of the application and any other matter relevant to the authority’s capacity to properly decide it.\n(sec.49-ssec.3) If the State Minister extends the due day, the Minister must give written notice of the extension to the authority and the applicant.\n(sec.49-ssec.4) The due day may also be extended by agreement between the authority and the applicant.\n(sec.49-ssec.5) If the authority does not decide the application by the due day, including any extension— the applicant may proceed under part 5 as if the authority had refused to issue the permit and had given the applicant written notice of the refusal on the due day; but if the applicant does not proceed under part 5 , the authority is still required to decide the application as soon as practicable.\n- (a) a day the authority asks for more information or documents under section 47 ; or\n- (b) the day the applicant complies with the request; or\n- (c) any days between the days mentioned in paragraphs (a) and (b) .\n- (a) the applicant may proceed under part 5 as if the authority had refused to issue the permit and had given the applicant written notice of the refusal on the due day; but\n- (b) if the applicant does not proceed under part 5 , the authority is still required to decide the application as soon as practicable.","sortOrder":73},{"sectionNumber":"sec.50","sectionType":"section","heading":"Consultation","content":"### sec.50 Consultation\n\nIn deciding the application, the authority may consult with other appropriate entities.","sortOrder":74},{"sectionNumber":"sec.51","sectionType":"section","heading":"Conditions","content":"### sec.51 Conditions\n\nThe authority may issue a permit on conditions that, having regard to divisions 2 to 4 , it considers appropriate.\nFor example, a permit may be issued on conditions the authority considers necessary to—\navoid, minimise, mitigate or monitor any adverse impact the proposed activity might have on the world heritage values and integrity of the area; or\nrehabilitate the area while carrying out the activity or after the activity has ended; or\ncontribute to achieving the primary goal, including, for example, by carrying out the proposed activity in association with another activity (an associated activity ).\nA proposed development on land will have a minor adverse impact on world heritage values. A permit is issued on the condition that, as part of the development, the applicant must construct a viewing platform to enhance the presentation of the land to visitors.\nWithout limiting subsection (1) , a condition may be that the applicant must comply with a code of practice for the activity.\nA permit holder must not contravene a condition of the permit.\nMaximum penalty—165 penalty units.\ns 51 amd 2020 SL No. 176 s 35\n(sec.51-ssec.1) The authority may issue a permit on conditions that, having regard to divisions 2 to 4 , it considers appropriate.\n(sec.51-ssec.2) For example, a permit may be issued on conditions the authority considers necessary to— avoid, minimise, mitigate or monitor any adverse impact the proposed activity might have on the world heritage values and integrity of the area; or rehabilitate the area while carrying out the activity or after the activity has ended; or contribute to achieving the primary goal, including, for example, by carrying out the proposed activity in association with another activity (an associated activity ). A proposed development on land will have a minor adverse impact on world heritage values. A permit is issued on the condition that, as part of the development, the applicant must construct a viewing platform to enhance the presentation of the land to visitors.\n(sec.51-ssec.3) Without limiting subsection (1) , a condition may be that the applicant must comply with a code of practice for the activity.\n(sec.51-ssec.4) A permit holder must not contravene a condition of the permit. Maximum penalty—165 penalty units.\n- (a) avoid, minimise, mitigate or monitor any adverse impact the proposed activity might have on the world heritage values and integrity of the area; or\n- (b) rehabilitate the area while carrying out the activity or after the activity has ended; or\n- (c) contribute to achieving the primary goal, including, for example, by carrying out the proposed activity in association with another activity (an associated activity ). Example of a condition for an associated activity— A proposed development on land will have a minor adverse impact on world heritage values. A permit is issued on the condition that, as part of the development, the applicant must construct a viewing platform to enhance the presentation of the land to visitors.","sortOrder":75},{"sectionNumber":"sec.52","sectionType":"section","heading":"Security","content":"### sec.52 Security\n\nWithout limiting section 51 (1) , a permit may be issued on the condition that the applicant pay a reasonable amount as security or a performance bond for compliance with other conditions of the permit.\nIn deciding what is a reasonable amount, the authority must consider—\nthe nature and extent of the proposed activity’s likely impact on the world heritage values and integrity of the area; and\nthe estimated cost of remedying the impact; and\nany other matter the authority considers relevant.\nThe conditions must state when, and the way in which, the amount may be applied or otherwise dealt with by the authority.\ns 52 amd 2020 SL No. 176 s 36\n(sec.52-ssec.1) Without limiting section 51 (1) , a permit may be issued on the condition that the applicant pay a reasonable amount as security or a performance bond for compliance with other conditions of the permit.\n(sec.52-ssec.2) In deciding what is a reasonable amount, the authority must consider— the nature and extent of the proposed activity’s likely impact on the world heritage values and integrity of the area; and the estimated cost of remedying the impact; and any other matter the authority considers relevant.\n(sec.52-ssec.3) The conditions must state when, and the way in which, the amount may be applied or otherwise dealt with by the authority.\n- (a) the nature and extent of the proposed activity’s likely impact on the world heritage values and integrity of the area; and\n- (b) the estimated cost of remedying the impact; and\n- (c) any other matter the authority considers relevant.","sortOrder":76},{"sectionNumber":"sec.53","sectionType":"section","heading":"Decision to be notified to applicant and recorded","content":"### sec.53 Decision to be notified to applicant and recorded\n\nAs soon as practicable after deciding the application, the authority must—\nrecord the decision in the register of permit decisions; and\ngive the applicant written notice of the decision.\nIf the decision is to refuse the permit, or to issue a permit on conditions, the notice given to the applicant must also state—\nthe reasons for the decision; and\nthat the applicant may, within 60 days after the notice is given, ask the authority to review the decision.\n(sec.53-ssec.1) As soon as practicable after deciding the application, the authority must— record the decision in the register of permit decisions; and give the applicant written notice of the decision.\n(sec.53-ssec.2) If the decision is to refuse the permit, or to issue a permit on conditions, the notice given to the applicant must also state— the reasons for the decision; and that the applicant may, within 60 days after the notice is given, ask the authority to review the decision.\n- (a) record the decision in the register of permit decisions; and\n- (b) give the applicant written notice of the decision.\n- (a) the reasons for the decision; and\n- (b) that the applicant may, within 60 days after the notice is given, ask the authority to review the decision.","sortOrder":77},{"sectionNumber":"sec.54","sectionType":"section","heading":"Register of permit decisions","content":"### sec.54 Register of permit decisions\n\nThe authority must keep a register containing the following details for each permit decision—\nthe date of the decision; and\nwhether a permit was issued; and\nif a permit was issued—\nthe name of the permit holder; and\nthe activities for which the permit was issued; and\nany conditions applying to the permit; and\nthe reasons for the decision.\nThe register may be inspected free of charge, during office hours, at the authority’s head office.\n(sec.54-ssec.1) The authority must keep a register containing the following details for each permit decision— the date of the decision; and whether a permit was issued; and if a permit was issued— the name of the permit holder; and the activities for which the permit was issued; and any conditions applying to the permit; and the reasons for the decision.\n(sec.54-ssec.2) The register may be inspected free of charge, during office hours, at the authority’s head office.\n- (a) the date of the decision; and\n- (b) whether a permit was issued; and\n- (c) if a permit was issued— (i) the name of the permit holder; and (ii) the activities for which the permit was issued; and (iii) any conditions applying to the permit; and\n- (i) the name of the permit holder; and\n- (ii) the activities for which the permit was issued; and\n- (iii) any conditions applying to the permit; and\n- (d) the reasons for the decision.\n- (i) the name of the permit holder; and\n- (ii) the activities for which the permit was issued; and\n- (iii) any conditions applying to the permit; and","sortOrder":78},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Principles and criteria for deciding permit applications","content":"## Principles and criteria for deciding permit applications","sortOrder":79},{"sectionNumber":"sec.55","sectionType":"section","heading":"Purpose of division","content":"### sec.55 Purpose of division\n\nThis division provides for the principles and criteria that apply generally for the authority deciding an application for a permit to carry out a proposed activity, including, if it is decided to issue a permit, the conditions of the permit.\ns 55 sub 2020 SL No. 176 s 37\n(sec.55-ssec) This division provides for the principles and criteria that apply generally for the authority deciding an application for a permit to carry out a proposed activity, including, if it is decided to issue a permit, the conditions of the permit.","sortOrder":80},{"sectionNumber":"sec.56","sectionType":"section","heading":"World heritage values and integrity of the area","content":"### sec.56 World heritage values and integrity of the area\n\nThe most important consideration for deciding the application is the potential impact of the proposed activity on the world heritage values and integrity of the area.\nThe authority must decide the application in a way that minimises the potential impact of the proposed activity, including, in particular, any potential impact relating to existing or proposed community services infrastructure, visitor infrastructure or roads, on the world heritage values and integrity of the area.\nWithout limiting subsection (2) , the authority must have regard to—\nthe management purposes of—\nthe zone in which the proposed activity is to be carried out; and\nany other zone in which there is land that may be affected by the proposed activity; and\nthe extent to which the proposed activity is consistent with the statement of outstanding universal value for the area; and\nthe potential impact of the proposed activity on—\nthreatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 and its habitat; and\nnatural ecological processes; and\nthe scenic amenity of the area, including, in particular, the degree of visual dominance of the activity or of any change to the landscape caused by the activity; and\nthe ecological sustainability of the proposed activity;\nSee also paragraphs 90 and 119 of the operational guidelines.\nthe potential cumulative impact on the area’s world heritage values and integrity of the proposed activity and any other activity that is, or may be, lawfully carried out in the area, including, in particular—\nthe proximity of the activities; and\nthe extent to which the activities may affect the same or similar world heritage values and conditions of integrity.\nFor deciding an application for a permit for reconfiguring a lot on land, the authority may consider the potential impact of not only the reconfiguration but also other activities (including, for example, further subdivision or development) that a person may seek to carry out on the land or at a nearby location if the permit were to be issued.\nAlso, without limiting subsection (2) , the authority must consider any action that could be taken to—\navoid, minimise, mitigate or monitor any adverse impact the proposed activity may have on the world heritage values and integrity of the area; or\nrehabilitate the area while carrying out the proposed activity or after it has ended; or\ncontribute to achieving the primary goal.\nIn this section—\nproximity , of activities, means the proximity in which the activities are carried out in time or place.\ns 56 sub 2020 SL No. 176 s 37\n(sec.56-ssec.1) The most important consideration for deciding the application is the potential impact of the proposed activity on the world heritage values and integrity of the area.\n(sec.56-ssec.2) The authority must decide the application in a way that minimises the potential impact of the proposed activity, including, in particular, any potential impact relating to existing or proposed community services infrastructure, visitor infrastructure or roads, on the world heritage values and integrity of the area.\n(sec.56-ssec.3) Without limiting subsection (2) , the authority must have regard to— the management purposes of— the zone in which the proposed activity is to be carried out; and any other zone in which there is land that may be affected by the proposed activity; and the extent to which the proposed activity is consistent with the statement of outstanding universal value for the area; and the potential impact of the proposed activity on— threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 and its habitat; and natural ecological processes; and the scenic amenity of the area, including, in particular, the degree of visual dominance of the activity or of any change to the landscape caused by the activity; and the ecological sustainability of the proposed activity; See also paragraphs 90 and 119 of the operational guidelines. the potential cumulative impact on the area’s world heritage values and integrity of the proposed activity and any other activity that is, or may be, lawfully carried out in the area, including, in particular— the proximity of the activities; and the extent to which the activities may affect the same or similar world heritage values and conditions of integrity. For deciding an application for a permit for reconfiguring a lot on land, the authority may consider the potential impact of not only the reconfiguration but also other activities (including, for example, further subdivision or development) that a person may seek to carry out on the land or at a nearby location if the permit were to be issued.\n(sec.56-ssec.4) Also, without limiting subsection (2) , the authority must consider any action that could be taken to— avoid, minimise, mitigate or monitor any adverse impact the proposed activity may have on the world heritage values and integrity of the area; or rehabilitate the area while carrying out the proposed activity or after it has ended; or contribute to achieving the primary goal.\n(sec.56-ssec.5) In this section— proximity , of activities, means the proximity in which the activities are carried out in time or place.\n- (a) the management purposes of— (i) the zone in which the proposed activity is to be carried out; and (ii) any other zone in which there is land that may be affected by the proposed activity; and\n- (i) the zone in which the proposed activity is to be carried out; and\n- (ii) any other zone in which there is land that may be affected by the proposed activity; and\n- (b) the extent to which the proposed activity is consistent with the statement of outstanding universal value for the area; and\n- (c) the potential impact of the proposed activity on— (i) threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 and its habitat; and (ii) natural ecological processes; and (iii) the scenic amenity of the area, including, in particular, the degree of visual dominance of the activity or of any change to the landscape caused by the activity; and\n- (i) threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 and its habitat; and\n- (ii) natural ecological processes; and\n- (iii) the scenic amenity of the area, including, in particular, the degree of visual dominance of the activity or of any change to the landscape caused by the activity; and\n- (d) the ecological sustainability of the proposed activity; Note— See also paragraphs 90 and 119 of the operational guidelines.\n- (e) the potential cumulative impact on the area’s world heritage values and integrity of the proposed activity and any other activity that is, or may be, lawfully carried out in the area, including, in particular— (i) the proximity of the activities; and (ii) the extent to which the activities may affect the same or similar world heritage values and conditions of integrity. Example of operation of paragraph (e) — For deciding an application for a permit for reconfiguring a lot on land, the authority may consider the potential impact of not only the reconfiguration but also other activities (including, for example, further subdivision or development) that a person may seek to carry out on the land or at a nearby location if the permit were to be issued.\n- (i) the proximity of the activities; and\n- (ii) the extent to which the activities may affect the same or similar world heritage values and conditions of integrity.\n- (i) the zone in which the proposed activity is to be carried out; and\n- (ii) any other zone in which there is land that may be affected by the proposed activity; and\n- (i) threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 and its habitat; and\n- (ii) natural ecological processes; and\n- (iii) the scenic amenity of the area, including, in particular, the degree of visual dominance of the activity or of any change to the landscape caused by the activity; and\n- (i) the proximity of the activities; and\n- (ii) the extent to which the activities may affect the same or similar world heritage values and conditions of integrity.\n- (a) avoid, minimise, mitigate or monitor any adverse impact the proposed activity may have on the world heritage values and integrity of the area; or\n- (b) rehabilitate the area while carrying out the proposed activity or after it has ended; or\n- (c) contribute to achieving the primary goal.","sortOrder":81},{"sectionNumber":"sec.57","sectionType":"section","heading":"Precautionary principle","content":"### sec.57 Precautionary principle\n\nThe authority must decide the application under the principle that, if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.\nSection 10 (6) of the Act requires the authority to perform its functions in a way that is consistent with the objectives and principles of the National Strategy for Ecologically Sustainable Development, which requires decisions to be made on the basis of the principle stated here.\ns 57 amd 2020 SL No. 176 s 38","sortOrder":82},{"sectionNumber":"sec.58","sectionType":"section","heading":"Prudent and feasible alternatives","content":"### sec.58 Prudent and feasible alternatives\n\nThe authority must consider whether there is any prudent and feasible alternative to a proposed activity.\nIn deciding whether there is an alternative to a proposed activity, the authority may have regard to the following—\nany alternative site for the activity, either elsewhere in the area or outside the area;\nany alternative use for the proposed site of the activity;\nany alternative way of carrying out the proposed activity;\nthe alternative of not carrying out, or postponing carrying out, the proposed activity.\nIn deciding whether an alternative is prudent, the authority must consider the potential impact of the alternative on the world heritage values and integrity of the area compared to that of the proposed activity.\nIn deciding whether an alternative is feasible, the authority—\nmay have regard to issues of safety, health, economics, convenience, public interest and community disruption and any other relevant issue; and\nmust decide the alternative is not feasible if it involves unproven technology or is impractical to implement.\ns 58 amd 2020 SL No. 176 s 39\n(sec.58-ssec.1) The authority must consider whether there is any prudent and feasible alternative to a proposed activity.\n(sec.58-ssec.2) In deciding whether there is an alternative to a proposed activity, the authority may have regard to the following— any alternative site for the activity, either elsewhere in the area or outside the area; any alternative use for the proposed site of the activity; any alternative way of carrying out the proposed activity; the alternative of not carrying out, or postponing carrying out, the proposed activity.\n(sec.58-ssec.3) In deciding whether an alternative is prudent, the authority must consider the potential impact of the alternative on the world heritage values and integrity of the area compared to that of the proposed activity.\n(sec.58-ssec.4) In deciding whether an alternative is feasible, the authority— may have regard to issues of safety, health, economics, convenience, public interest and community disruption and any other relevant issue; and must decide the alternative is not feasible if it involves unproven technology or is impractical to implement.\n- (a) any alternative site for the activity, either elsewhere in the area or outside the area;\n- (b) any alternative use for the proposed site of the activity;\n- (c) any alternative way of carrying out the proposed activity;\n- (d) the alternative of not carrying out, or postponing carrying out, the proposed activity.\n- (a) may have regard to issues of safety, health, economics, convenience, public interest and community disruption and any other relevant issue; and\n- (b) must decide the alternative is not feasible if it involves unproven technology or is impractical to implement.","sortOrder":83},{"sectionNumber":"sec.59","sectionType":"section","heading":"Aboriginal tradition","content":"### sec.59 Aboriginal tradition\n\nThe authority must have regard to the effects a proposed decision may have on the Aboriginal tradition of Aboriginal people particularly concerned with land in the area.\nThis section does not limit section 60 as it relates to Aboriginal people.\ns 59 amd 2005 SL No. 138 s 33\nsub 2020 SL No. 176 s 40\n(sec.59-ssec.1) The authority must have regard to the effects a proposed decision may have on the Aboriginal tradition of Aboriginal people particularly concerned with land in the area.\n(sec.59-ssec.2) This section does not limit section 60 as it relates to Aboriginal people.","sortOrder":84},{"sectionNumber":"sec.60","sectionType":"section","heading":"Community considerations","content":"### sec.60 Community considerations\n\nThe authority must have regard to the effects a proposed decision on the application may have for the following persons and matters—\nfor land in the area that may be affected by the proposed activity—\nthe likely effect on the land-holder, any native title holder and any other Aboriginal persons particularly concerned with the land; and\nthe likely effect on the amenity of the land, having regard to the current uses of the land and the experiences currently enjoyed by visitors; and\nif a permit has already been issued to a person to carry out an activity (the existing activity ) on the land—the likely effect on the permit holder carrying out the existing activity;\nthe community need for the proposed activity;\nthe likely effect on the community’s ability to continue to participate in the management, protection, presentation, enjoyment and ecologically sustainable use of the area;\nany other relevant social, economic and cultural effects.\ns 60 amd 2020 SL No. 176 s 41\n- (a) for land in the area that may be affected by the proposed activity— (i) the likely effect on the land-holder, any native title holder and any other Aboriginal persons particularly concerned with the land; and (ii) the likely effect on the amenity of the land, having regard to the current uses of the land and the experiences currently enjoyed by visitors; and (iii) if a permit has already been issued to a person to carry out an activity (the existing activity ) on the land—the likely effect on the permit holder carrying out the existing activity;\n- (i) the likely effect on the land-holder, any native title holder and any other Aboriginal persons particularly concerned with the land; and\n- (ii) the likely effect on the amenity of the land, having regard to the current uses of the land and the experiences currently enjoyed by visitors; and\n- (iii) if a permit has already been issued to a person to carry out an activity (the existing activity ) on the land—the likely effect on the permit holder carrying out the existing activity;\n- (b) the community need for the proposed activity;\n- (c) the likely effect on the community’s ability to continue to participate in the management, protection, presentation, enjoyment and ecologically sustainable use of the area;\n- (d) any other relevant social, economic and cultural effects.\n- (i) the likely effect on the land-holder, any native title holder and any other Aboriginal persons particularly concerned with the land; and\n- (ii) the likely effect on the amenity of the land, having regard to the current uses of the land and the experiences currently enjoyed by visitors; and\n- (iii) if a permit has already been issued to a person to carry out an activity (the existing activity ) on the land—the likely effect on the permit holder carrying out the existing activity;","sortOrder":85},{"sectionNumber":"sec.61","sectionType":"section","heading":"Carrying capacity","content":"### sec.61 Carrying capacity\n\nThe authority must have regard to the carrying capacity of land in the area that may be affected by the proposed activity.\nIn subsection (1) —\ncarrying capacity of land, in relation to an activity, means the extent to which the activity may be carried on before it has an adverse impact on—\nthe world heritage values and integrity of the land that is unacceptable under this plan; or\nthe quality of experience enjoyed by visitors to the area.\ns 61 amd 2020 SL No. 176 s 42\n(sec.61-ssec.1) The authority must have regard to the carrying capacity of land in the area that may be affected by the proposed activity.\n(sec.61-ssec.2) In subsection (1) — carrying capacity of land, in relation to an activity, means the extent to which the activity may be carried on before it has an adverse impact on— the world heritage values and integrity of the land that is unacceptable under this plan; or the quality of experience enjoyed by visitors to the area.\n- (a) the world heritage values and integrity of the land that is unacceptable under this plan; or\n- (b) the quality of experience enjoyed by visitors to the area.","sortOrder":86},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Information for applying principles and criteria","content":"## Information for applying principles and criteria","sortOrder":87},{"sectionNumber":"sec.62","sectionType":"section","heading":"Guidelines","content":"### sec.62 Guidelines\n\nThe authority may prepare guidelines containing information relevant to the application of the principles and criteria stated in division 2 .\nThe guidelines may, for example, contain information about—\nconserving particular plants and animals in the area; or\nmanaging visitors to the area; or\nconserving the area’s scenic amenity; or\nhaving regard to Aboriginal tradition.\nIf the authority prepares guidelines under subsection (1) , the authority must ensure the guidelines are available for inspection under section 4 .\nIn applying the principles and criteria stated in division 2 to an application, the authority must have regard to the information in the guidelines.\ns 62 amd 2020 SL No. 176 s 43\n(sec.62-ssec.1) The authority may prepare guidelines containing information relevant to the application of the principles and criteria stated in division 2 .\n(sec.62-ssec.2) The guidelines may, for example, contain information about— conserving particular plants and animals in the area; or managing visitors to the area; or conserving the area’s scenic amenity; or having regard to Aboriginal tradition.\n(sec.62-ssec.3) If the authority prepares guidelines under subsection (1) , the authority must ensure the guidelines are available for inspection under section 4 .\n(sec.62-ssec.4) In applying the principles and criteria stated in division 2 to an application, the authority must have regard to the information in the guidelines.\n- (a) conserving particular plants and animals in the area; or\n- (b) managing visitors to the area; or\n- (c) conserving the area’s scenic amenity; or\n- (d) having regard to Aboriginal tradition.","sortOrder":88},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Additional criteria for deciding permit","content":"## Additional criteria for deciding permit","sortOrder":89},{"sectionNumber":"sec.62A","sectionType":"section","heading":"Purpose and application of division","content":"### sec.62A Purpose and application of division\n\nThis division provides for criteria that apply for the authority deciding an application for a permit to carry out a proposed activity mentioned in this division, including, if it is decided to issue a permit, the conditions of the permit.\nThis division, other than section 63 , applies in addition to division 2 .\ns 62A ins 2020 SL No. 176 s 45\n(sec.62A-ssec.1) This division provides for criteria that apply for the authority deciding an application for a permit to carry out a proposed activity mentioned in this division, including, if it is decided to issue a permit, the conditions of the permit.\n(sec.62A-ssec.2) This division, other than section 63 , applies in addition to division 2 .","sortOrder":90},{"sectionNumber":"sec.63","sectionType":"section","heading":"Prescribed domestic activities","content":"### sec.63 Prescribed domestic activities\n\nThis section applies in relation to an application for a permit to carry out a prescribed domestic activity on land (the permit land ) in the area.\nThe authority must issue the permit if satisfied—\nit is not prudent and feasible to carry out the prescribed domestic activity on land outside the area; and\nfor an application to build a residence—\nthe residence is an authorised residence; and\na residence has not already been built on the permit land; and\nonly 1 residence will be built on the permit land under the permit; and\nno other residence is proposed to be built on the permit land; and\nfor an application to clear or build a pedestrian or vehicular access to a residence—\nthe residence is an authorised residence; and\nthe clearing or building will be carried out only on the permit land.\nThis section is not limited by division 2 .\nTo remove any doubt, it is declared that this section—\napplies only in relation to a permit that may be issued under this plan; and\nSee part 3 , division 4 (Activities allowed under permit).\ndoes not limit the authority’s power under section 51 to issue the permit on conditions.\nFor an application to build a residence, the authority may issue the permit on conditions about the size, design and siting of the residence so as to cause the least impact on the world heritage values and integrity of the area.\nFor an application to build a vehicular access to a residence, the authority may issue the permit on a condition about where the access must be situated so as to cause the least impact on the world heritage values and integrity of the area.\nIn this section—\nprescribed domestic activity means a prescribed domestic activity under section 35 .\ns 63 amd 2020 SL No. 176 s 46\n(sec.63-ssec.1) This section applies in relation to an application for a permit to carry out a prescribed domestic activity on land (the permit land ) in the area.\n(sec.63-ssec.2) The authority must issue the permit if satisfied— it is not prudent and feasible to carry out the prescribed domestic activity on land outside the area; and for an application to build a residence— the residence is an authorised residence; and a residence has not already been built on the permit land; and only 1 residence will be built on the permit land under the permit; and no other residence is proposed to be built on the permit land; and for an application to clear or build a pedestrian or vehicular access to a residence— the residence is an authorised residence; and the clearing or building will be carried out only on the permit land.\n(sec.63-ssec.3) This section is not limited by division 2 .\n(sec.63-ssec.4) To remove any doubt, it is declared that this section— applies only in relation to a permit that may be issued under this plan; and See part 3 , division 4 (Activities allowed under permit). does not limit the authority’s power under section 51 to issue the permit on conditions. For an application to build a residence, the authority may issue the permit on conditions about the size, design and siting of the residence so as to cause the least impact on the world heritage values and integrity of the area. For an application to build a vehicular access to a residence, the authority may issue the permit on a condition about where the access must be situated so as to cause the least impact on the world heritage values and integrity of the area.\n(sec.63-ssec.5) In this section— prescribed domestic activity means a prescribed domestic activity under section 35 .\n- (a) it is not prudent and feasible to carry out the prescribed domestic activity on land outside the area; and\n- (b) for an application to build a residence— (i) the residence is an authorised residence; and (ii) a residence has not already been built on the permit land; and (iii) only 1 residence will be built on the permit land under the permit; and (iv) no other residence is proposed to be built on the permit land; and\n- (i) the residence is an authorised residence; and\n- (ii) a residence has not already been built on the permit land; and\n- (iii) only 1 residence will be built on the permit land under the permit; and\n- (iv) no other residence is proposed to be built on the permit land; and\n- (c) for an application to clear or build a pedestrian or vehicular access to a residence— (i) the residence is an authorised residence; and (ii) the clearing or building will be carried out only on the permit land.\n- (i) the residence is an authorised residence; and\n- (ii) the clearing or building will be carried out only on the permit land.\n- (i) the residence is an authorised residence; and\n- (ii) a residence has not already been built on the permit land; and\n- (iii) only 1 residence will be built on the permit land under the permit; and\n- (iv) no other residence is proposed to be built on the permit land; and\n- (i) the residence is an authorised residence; and\n- (ii) the clearing or building will be carried out only on the permit land.\n- (a) applies only in relation to a permit that may be issued under this plan; and Note— See part 3 , division 4 (Activities allowed under permit).\n- (b) does not limit the authority’s power under section 51 to issue the permit on conditions. Examples for paragraph (b) — 1 For an application to build a residence, the authority may issue the permit on conditions about the size, design and siting of the residence so as to cause the least impact on the world heritage values and integrity of the area. 2 For an application to build a vehicular access to a residence, the authority may issue the permit on a condition about where the access must be situated so as to cause the least impact on the world heritage values and integrity of the area.\n- 1 For an application to build a residence, the authority may issue the permit on conditions about the size, design and siting of the residence so as to cause the least impact on the world heritage values and integrity of the area.\n- 2 For an application to build a vehicular access to a residence, the authority may issue the permit on a condition about where the access must be situated so as to cause the least impact on the world heritage values and integrity of the area.\n- 1 For an application to build a residence, the authority may issue the permit on conditions about the size, design and siting of the residence so as to cause the least impact on the world heritage values and integrity of the area.\n- 2 For an application to build a vehicular access to a residence, the authority may issue the permit on a condition about where the access must be situated so as to cause the least impact on the world heritage values and integrity of the area.","sortOrder":91},{"sectionNumber":"sec.63A","sectionType":"section","heading":"Building additional residence or ancillary outbuilding","content":"### sec.63A Building additional residence or ancillary outbuilding\n\nThis section applies in relation to—\nan application for a permit to build a residence on land in the area, other than an application for which a permit must be issued under section 63 ; or\nan application for a permit to build an ancillary outbuilding on land in the area.\nThe authority may issue the permit if satisfied—\nit is not prudent and feasible to build the residence or ancillary outbuilding on land outside the area; and\nIf part of the land on which the applicant proposes to build the residence or outbuilding is outside the area, the authority would need to be satisfied it is not prudent and feasible for the applicant to build the residence or outbuilding on that part of the land.\nfor an application for a permit to build a residence—the residence is an authorised residence; and\nfor an application for a permit to build an ancillary outbuilding—the outbuilding is to be ancillary to a residential use carried out, or to be carried out, on premises where an authorised residence is, or is to be, situated.\ns 63A ins 2020 SL No. 176 s 47\n(sec.63A-ssec.1) This section applies in relation to— an application for a permit to build a residence on land in the area, other than an application for which a permit must be issued under section 63 ; or an application for a permit to build an ancillary outbuilding on land in the area.\n(sec.63A-ssec.2) The authority may issue the permit if satisfied— it is not prudent and feasible to build the residence or ancillary outbuilding on land outside the area; and If part of the land on which the applicant proposes to build the residence or outbuilding is outside the area, the authority would need to be satisfied it is not prudent and feasible for the applicant to build the residence or outbuilding on that part of the land. for an application for a permit to build a residence—the residence is an authorised residence; and for an application for a permit to build an ancillary outbuilding—the outbuilding is to be ancillary to a residential use carried out, or to be carried out, on premises where an authorised residence is, or is to be, situated.\n- (a) an application for a permit to build a residence on land in the area, other than an application for which a permit must be issued under section 63 ; or\n- (b) an application for a permit to build an ancillary outbuilding on land in the area.\n- (a) it is not prudent and feasible to build the residence or ancillary outbuilding on land outside the area; and Example for paragraph (a) — If part of the land on which the applicant proposes to build the residence or outbuilding is outside the area, the authority would need to be satisfied it is not prudent and feasible for the applicant to build the residence or outbuilding on that part of the land.\n- (b) for an application for a permit to build a residence—the residence is an authorised residence; and\n- (c) for an application for a permit to build an ancillary outbuilding—the outbuilding is to be ancillary to a residential use carried out, or to be carried out, on premises where an authorised residence is, or is to be, situated.","sortOrder":92},{"sectionNumber":"sec.64","sectionType":"section","heading":"Defence activities","content":"### sec.64 Defence activities\n\nThis section applies if the authority considers a proposed activity may affect, or be affected by, the Commonwealth carrying out defence activities on land in the area.\nThe authority must have regard to the need for the Commonwealth to carry out defence activities on land in the area.\ns 64 amd 2020 SL No. 176 s 48\n(sec.64-ssec.1) This section applies if the authority considers a proposed activity may affect, or be affected by, the Commonwealth carrying out defence activities on land in the area.\n(sec.64-ssec.2) The authority must have regard to the need for the Commonwealth to carry out defence activities on land in the area.","sortOrder":93},{"sectionNumber":"sec.65","sectionType":"section","heading":"Building community services infrastructure or other road","content":"### sec.65 Building community services infrastructure or other road\n\nThis section applies in relation to an application for a permit to build in the area—\ncommunity services infrastructure; or\na road, other than a road that is community services infrastructure.\nThe authority may issue the permit if satisfied—\nbuilding the community services infrastructure or road would not have a net adverse impact on the world heritage values and integrity of the area; or\nthere is no prudent and feasible alternative to building the community services infrastructure or road.\nAlso, if the authority considers building the community services infrastructure or road is likely to require canopy clearing, the authority may issue the permit only if satisfied—\nit is necessary to build the infrastructure or road to—\nprotect public safety; or\nallow vehicle access to a residence; or\nallow electricity, telecommunications services or water to be supplied to a residence; or\ncarry out another activity the authority considers necessary to manage the area under this plan; or\nthe infrastructure or road will reduce the impact on the area’s world heritage values and integrity of other activities that are, or are likely to be, carried out; or\nthere is no prudent or feasible alternative to the canopy clearing for building the infrastructure or road.\nThe authority must decide the application in a way that, to the greatest possible extent, ensures the community services infrastructure or road is built only on land that is already cleared or otherwise degraded.\ns 65 sub 2020 SL No. 176 s 49\n(sec.65-ssec.1) This section applies in relation to an application for a permit to build in the area— community services infrastructure; or a road, other than a road that is community services infrastructure.\n(sec.65-ssec.2) The authority may issue the permit if satisfied— building the community services infrastructure or road would not have a net adverse impact on the world heritage values and integrity of the area; or there is no prudent and feasible alternative to building the community services infrastructure or road.\n(sec.65-ssec.3) Also, if the authority considers building the community services infrastructure or road is likely to require canopy clearing, the authority may issue the permit only if satisfied— it is necessary to build the infrastructure or road to— protect public safety; or allow vehicle access to a residence; or allow electricity, telecommunications services or water to be supplied to a residence; or carry out another activity the authority considers necessary to manage the area under this plan; or the infrastructure or road will reduce the impact on the area’s world heritage values and integrity of other activities that are, or are likely to be, carried out; or there is no prudent or feasible alternative to the canopy clearing for building the infrastructure or road.\n(sec.65-ssec.4) The authority must decide the application in a way that, to the greatest possible extent, ensures the community services infrastructure or road is built only on land that is already cleared or otherwise degraded.\n- (a) community services infrastructure; or\n- (b) a road, other than a road that is community services infrastructure.\n- (a) building the community services infrastructure or road would not have a net adverse impact on the world heritage values and integrity of the area; or\n- (b) there is no prudent and feasible alternative to building the community services infrastructure or road.\n- (a) it is necessary to build the infrastructure or road to— (i) protect public safety; or (ii) allow vehicle access to a residence; or (iii) allow electricity, telecommunications services or water to be supplied to a residence; or (iv) carry out another activity the authority considers necessary to manage the area under this plan; or\n- (i) protect public safety; or\n- (ii) allow vehicle access to a residence; or\n- (iii) allow electricity, telecommunications services or water to be supplied to a residence; or\n- (iv) carry out another activity the authority considers necessary to manage the area under this plan; or\n- (b) the infrastructure or road will reduce the impact on the area’s world heritage values and integrity of other activities that are, or are likely to be, carried out; or\n- (c) there is no prudent or feasible alternative to the canopy clearing for building the infrastructure or road.\n- (i) protect public safety; or\n- (ii) allow vehicle access to a residence; or\n- (iii) allow electricity, telecommunications services or water to be supplied to a residence; or\n- (iv) carry out another activity the authority considers necessary to manage the area under this plan; or","sortOrder":94},{"sectionNumber":"sec.66","sectionType":"section","heading":"Activities being carried out immediately before 2020 amendment day","content":"### sec.66 Activities being carried out immediately before 2020 amendment day\n\nThis section applies if the application is for a permit to carry out an activity that the applicant was lawfully carrying out immediately before the 2020 amendment day.\nThe authority must have regard to how often, or with what intensity, the applicant has been carrying out the activity.\ns 66 amd 2020 SL No. 176 s 50\n(sec.66-ssec.1) This section applies if the application is for a permit to carry out an activity that the applicant was lawfully carrying out immediately before the 2020 amendment day.\n(sec.66-ssec.2) The authority must have regard to how often, or with what intensity, the applicant has been carrying out the activity.","sortOrder":95},{"sectionNumber":"pt.5","sectionType":"part","heading":"Reviews of, and appeals from, permit decisions","content":"# Reviews of, and appeals from, permit decisions","sortOrder":96},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Definitions","content":"## Definitions","sortOrder":97},{"sectionNumber":"sec.67","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.67 Definitions for pt 5\n\nIn this part—\napplicant includes a permit holder.\ncourt means the Planning and Environment Court.\ns 67 def court amd 2009 SL No. 280 s 203\nsub 2017 SL No. 103 s 184\noriginal permit decision means a decision, under section 48 , of the authority or a permit entity on an application for a permit.\npermit entity means an entity that, under section 77 , may issue a wet tropics permit.\nreview decision means a decision of the authority, under section 48 , after reviewing an original permit decision under section 69 .","sortOrder":98},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Review of original permit decisions","content":"## Review of original permit decisions","sortOrder":99},{"sectionNumber":"sec.68","sectionType":"section","heading":"Request for review of decision","content":"### sec.68 Request for review of decision\n\nThe applicant may ask the authority to review an original permit decision.\nThe request must be made within 60 days after written notice of the decision is given to the applicant under section 53 .\nThe authority may, at any time, extend the period for making the request.\nThe request must be made in writing to the executive director, giving reasons for the request and any information the applicant considers relevant.\n(sec.68-ssec.1) The applicant may ask the authority to review an original permit decision.\n(sec.68-ssec.2) The request must be made within 60 days after written notice of the decision is given to the applicant under section 53 .\n(sec.68-ssec.3) The authority may, at any time, extend the period for making the request.\n(sec.68-ssec.4) The request must be made in writing to the executive director, giving reasons for the request and any information the applicant considers relevant.","sortOrder":100},{"sectionNumber":"sec.69","sectionType":"section","heading":"Review of decision","content":"### sec.69 Review of decision\n\nThe authority must review the original permit decision as soon as practicable after receiving the request under section 68 .\nPart 4 , other than sections 45 , 46 and 53 , applies to the authority in making the review decision as if—\nthe request for the review were an application; and\nthe authority were making an original permit decision.\nSubsection (4) applies if the original permit decision relates to a permitted activity provided for under a cooperative management agreement to which section 43B relates.\nFor subsection (2) , part 4 applies as affected by the cooperative management agreement under section 43B (2) .\ns 69 amd 2020 SL No. 176 s 51\n(sec.69-ssec.1) The authority must review the original permit decision as soon as practicable after receiving the request under section 68 .\n(sec.69-ssec.2) Part 4 , other than sections 45 , 46 and 53 , applies to the authority in making the review decision as if— the request for the review were an application; and the authority were making an original permit decision.\n(sec.69-ssec.3) Subsection (4) applies if the original permit decision relates to a permitted activity provided for under a cooperative management agreement to which section 43B relates.\n(sec.69-ssec.4) For subsection (2) , part 4 applies as affected by the cooperative management agreement under section 43B (2) .\n- (a) the request for the review were an application; and\n- (b) the authority were making an original permit decision.","sortOrder":101},{"sectionNumber":"sec.70","sectionType":"section","heading":"Decision to be notified to applicant and recorded","content":"### sec.70 Decision to be notified to applicant and recorded\n\nAs soon as practicable after making the review decision, the authority must—\nrecord the decision in the register of permit decisions; and\ngive the applicant written notice of the decision.\nIf the decision is to refuse the permit, or to issue a permit on conditions, the notice given to the applicant must also state—\nthe reasons for the decision; and\nthat the applicant may, within 60 days after the notice is given, appeal to the Planning and Environment Court against the decision.\n(sec.70-ssec.1) As soon as practicable after making the review decision, the authority must— record the decision in the register of permit decisions; and give the applicant written notice of the decision.\n(sec.70-ssec.2) If the decision is to refuse the permit, or to issue a permit on conditions, the notice given to the applicant must also state— the reasons for the decision; and that the applicant may, within 60 days after the notice is given, appeal to the Planning and Environment Court against the decision.\n- (a) record the decision in the register of permit decisions; and\n- (b) give the applicant written notice of the decision.\n- (a) the reasons for the decision; and\n- (b) that the applicant may, within 60 days after the notice is given, appeal to the Planning and Environment Court against the decision.","sortOrder":102},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Appeals from review decisions","content":"## Appeals from review decisions","sortOrder":103},{"sectionNumber":"sec.71","sectionType":"section","heading":"Appeals","content":"### sec.71 Appeals\n\nThe applicant may appeal to the court against the review decision.","sortOrder":104},{"sectionNumber":"sec.72","sectionType":"section","heading":"How to start appeal","content":"### sec.72 How to start appeal\n\nThe appeal is started by—\nfiling a written notice of appeal with the court; and\nserving a copy of the notice on the executive director.\nThe notice of appeal must be filed within 60 days after written notice of the decision is given to the applicant under section 70 .\nThe court may, at any time, extend the period for filing the notice of appeal.\nThe notice of appeal must state the grounds of the appeal.\n(sec.72-ssec.1) The appeal is started by— filing a written notice of appeal with the court; and serving a copy of the notice on the executive director.\n(sec.72-ssec.2) The notice of appeal must be filed within 60 days after written notice of the decision is given to the applicant under section 70 .\n(sec.72-ssec.3) The court may, at any time, extend the period for filing the notice of appeal.\n(sec.72-ssec.4) The notice of appeal must state the grounds of the appeal.\n- (a) filing a written notice of appeal with the court; and\n- (b) serving a copy of the notice on the executive director.","sortOrder":105},{"sectionNumber":"sec.73","sectionType":"section","heading":"Hearing procedures","content":"### sec.73 Hearing procedures\n\nThe appeal is to be by way of rehearing, unaffected by the authority’s decision.\nIn deciding the appeal, the court—\nis not bound by the rules of evidence; and\nmust observe natural justice; and\nmay hear the appeal in court or chambers.\nThe procedure for the appeal is in accordance with—\nthe rules of court; or\nin the absence of relevant rules—directions of the court.\n(sec.73-ssec.1) The appeal is to be by way of rehearing, unaffected by the authority’s decision.\n(sec.73-ssec.2) In deciding the appeal, the court— is not bound by the rules of evidence; and must observe natural justice; and may hear the appeal in court or chambers.\n(sec.73-ssec.3) The procedure for the appeal is in accordance with— the rules of court; or in the absence of relevant rules—directions of the court.\n- (a) is not bound by the rules of evidence; and\n- (b) must observe natural justice; and\n- (c) may hear the appeal in court or chambers.\n- (a) the rules of court; or\n- (b) in the absence of relevant rules—directions of the court.","sortOrder":106},{"sectionNumber":"sec.74","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.74 Powers of court on appeal\n\nIn deciding the appeal, the court may—\nconfirm the review decision; or\nset aside the review decision and substitute another decision; or\nset aside the review decision and return the matter to the authority with directions the court considers appropriate.\nIn substituting another decision, the court has the same powers as the authority.\nIf the court substitutes another decision, the substituted decision is, for this plan (other than this part), taken to be the authority’s decision.\n(sec.74-ssec.1) In deciding the appeal, the court may— confirm the review decision; or set aside the review decision and substitute another decision; or set aside the review decision and return the matter to the authority with directions the court considers appropriate.\n(sec.74-ssec.2) In substituting another decision, the court has the same powers as the authority.\n(sec.74-ssec.3) If the court substitutes another decision, the substituted decision is, for this plan (other than this part), taken to be the authority’s decision.\n- (a) confirm the review decision; or\n- (b) set aside the review decision and substitute another decision; or\n- (c) set aside the review decision and return the matter to the authority with directions the court considers appropriate.","sortOrder":107},{"sectionNumber":"sec.75","sectionType":"section","heading":"Further appeal","content":"### sec.75 Further appeal\n\nA party aggrieved by the decision of the court may appeal to the Court of Appeal, but only on a question of law.","sortOrder":108},{"sectionNumber":"pt.6","sectionType":"part","heading":"Issue of permits by entities other than authority","content":"# Issue of permits by entities other than authority","sortOrder":109},{"sectionNumber":"sec.76","sectionType":"section","heading":"Definitions","content":"### sec.76 Definitions\n\nIn this part—\npermit entity means an entity that, under section 77 , may issue a wet tropics permit.\nrelevant Minister means—\nthe State Minister; or\na Minister who administers any of the following Acts—\nthe Forestry Act 1959\nthe Land Act 1994\nthe Transport Infrastructure Act 1994\nthe Water Act 2000 .\ns 76 def relevant Minister amd 2020 SL No. 176 s 52\nsub 2023 SL No. 142 s 6\nrelevant permit means a licence, permit or other authority, other than a wet tropics permit, issued under an Act administered by a relevant Minister.\nwet tropics permit means a permit under this plan.\n- (a) the State Minister; or\n- (b) a Minister who administers any of the following Acts— • the Forestry Act 1959 • the Land Act 1994 • the Transport Infrastructure Act 1994 • the Water Act 2000 .\n- • the Forestry Act 1959\n- • the Land Act 1994\n- • the Transport Infrastructure Act 1994\n- • the Water Act 2000 .\n- • the Forestry Act 1959\n- • the Land Act 1994\n- • the Transport Infrastructure Act 1994\n- • the Water Act 2000 .","sortOrder":110},{"sectionNumber":"sec.77","sectionType":"section","heading":"Permit entities","content":"### sec.77 Permit entities\n\nThis section applies to an activity that may be carried out under a wet tropics permit.\nIf the activity is proposed to be carried out in a protected area, the nature conservation chief executive may issue a wet tropics permit for the activity.\nIf a relevant permit is also required to carry out the activity, the entity that may issue the relevant permit for the activity may also issue a wet tropics permit for the activity.\ns 77 amd 2020 SL No. 176 s 53\n(sec.77-ssec.1) This section applies to an activity that may be carried out under a wet tropics permit.\n(sec.77-ssec.2) If the activity is proposed to be carried out in a protected area, the nature conservation chief executive may issue a wet tropics permit for the activity.\n(sec.77-ssec.3) If a relevant permit is also required to carry out the activity, the entity that may issue the relevant permit for the activity may also issue a wet tropics permit for the activity.","sortOrder":111},{"sectionNumber":"sec.78","sectionType":"section","heading":"How permit entity must decide application","content":"### sec.78 How permit entity must decide application\n\nPart 4 applies to the issue of a wet tropics permit by a permit entity as if a reference to the authority were a reference to the permit entity.\nHowever, the following provisions in part 4 do not apply—\nsection 52 (3)\nsection 53\nsection 54\nsection 62 (1) to (3) .\nIf the proposed activity is to be carried out in a protected area, the permit entity may issue the permit only if it is satisfied the activity would be consistent with the management principles prescribed for the protected area under the Nature Conservation Act 1992 .\nSection 10 (5) of the Act applies to the permit entity as if a reference to the authority performing its functions were a reference to the permit entity deciding the application.\n(sec.78-ssec.1) Part 4 applies to the issue of a wet tropics permit by a permit entity as if a reference to the authority were a reference to the permit entity.\n(sec.78-ssec.2) However, the following provisions in part 4 do not apply— section 52 (3) section 53 section 54 section 62 (1) to (3) .\n(sec.78-ssec.3) If the proposed activity is to be carried out in a protected area, the permit entity may issue the permit only if it is satisfied the activity would be consistent with the management principles prescribed for the protected area under the Nature Conservation Act 1992 .\n(sec.78-ssec.4) Section 10 (5) of the Act applies to the permit entity as if a reference to the authority performing its functions were a reference to the permit entity deciding the application.\n- • section 52 (3)\n- • section 53\n- • section 54\n- • section 62 (1) to (3) .","sortOrder":112},{"sectionNumber":"sec.79","sectionType":"section","heading":"Security","content":"### sec.79 Security\n\nThis section applies if, under section 52 , a permit entity issues a wet tropics permit on a condition that the applicant pay a reasonable amount as security or a performance bond.\nThe condition must—\nrequire the amount to be paid to the authority; and\nstate when, and the way in which, the amount may be applied or otherwise dealt with by the authority.\n(sec.79-ssec.1) This section applies if, under section 52 , a permit entity issues a wet tropics permit on a condition that the applicant pay a reasonable amount as security or a performance bond.\n(sec.79-ssec.2) The condition must— require the amount to be paid to the authority; and state when, and the way in which, the amount may be applied or otherwise dealt with by the authority.\n- (a) require the amount to be paid to the authority; and\n- (b) state when, and the way in which, the amount may be applied or otherwise dealt with by the authority.","sortOrder":113},{"sectionNumber":"sec.80","sectionType":"section","heading":"Authority must approve permit entity’s decision","content":"### sec.80 Authority must approve permit entity’s decision\n\nA permit entity may not issue a wet tropics permit unless—\nthe authority has given to it written notice that the authority agrees with the decision to issue the permit; or\nthe permit is for an activity of a type, and on conditions of a type, previously agreed between the authority and the entity.\nFor subsection (1) (a) , the authority must—\ngive the notice; or\nrequire a change to the conditions on which the permit is proposed to be issued before it gives the notice; or\nrefuse to give the notice.\nPart 4 , divisions 2 to 4 , applies to the authority in deciding whether to give a notice or enter an agreement under subsection (1) , as if the authority were deciding a permit application for the relevant proposed activities.\n(sec.80-ssec.1) A permit entity may not issue a wet tropics permit unless— the authority has given to it written notice that the authority agrees with the decision to issue the permit; or the permit is for an activity of a type, and on conditions of a type, previously agreed between the authority and the entity.\n(sec.80-ssec.2) For subsection (1) (a) , the authority must— give the notice; or require a change to the conditions on which the permit is proposed to be issued before it gives the notice; or refuse to give the notice.\n(sec.80-ssec.3) Part 4 , divisions 2 to 4 , applies to the authority in deciding whether to give a notice or enter an agreement under subsection (1) , as if the authority were deciding a permit application for the relevant proposed activities.\n- (a) the authority has given to it written notice that the authority agrees with the decision to issue the permit; or\n- (b) the permit is for an activity of a type, and on conditions of a type, previously agreed between the authority and the entity.\n- (a) give the notice; or\n- (b) require a change to the conditions on which the permit is proposed to be issued before it gives the notice; or\n- (c) refuse to give the notice.","sortOrder":114},{"sectionNumber":"sec.81","sectionType":"section","heading":"Decision to be notified and recorded","content":"### sec.81 Decision to be notified and recorded\n\nAs soon as practicable after deciding an application for a wet tropics permit, the permit entity must give written notice of the decision to the applicant and the authority.\nIf the decision is to refuse the permit, or to issue a permit on conditions, the notice given to the applicant must state—\nthe reasons for the decision; and\nthat the applicant may, within 60 days after the notice is given, ask the authority to review the decision.\nThe notice given to the authority must include the following details—\nthe date of the decision;\nwhether a permit was issued;\nif a permit was issued—\nthe name of the permit holder; and\nthe activities for which the permit was issued; and\nany conditions applying to the permit;\nthe reasons for the decision.\nThe authority must immediately record the details in the register of permit decisions.\n(sec.81-ssec.1) As soon as practicable after deciding an application for a wet tropics permit, the permit entity must give written notice of the decision to the applicant and the authority.\n(sec.81-ssec.2) If the decision is to refuse the permit, or to issue a permit on conditions, the notice given to the applicant must state— the reasons for the decision; and that the applicant may, within 60 days after the notice is given, ask the authority to review the decision.\n(sec.81-ssec.3) The notice given to the authority must include the following details— the date of the decision; whether a permit was issued; if a permit was issued— the name of the permit holder; and the activities for which the permit was issued; and any conditions applying to the permit; the reasons for the decision.\n(sec.81-ssec.4) The authority must immediately record the details in the register of permit decisions.\n- (a) the reasons for the decision; and\n- (b) that the applicant may, within 60 days after the notice is given, ask the authority to review the decision.\n- (a) the date of the decision;\n- (b) whether a permit was issued;\n- (c) if a permit was issued— (i) the name of the permit holder; and (ii) the activities for which the permit was issued; and (iii) any conditions applying to the permit;\n- (i) the name of the permit holder; and\n- (ii) the activities for which the permit was issued; and\n- (iii) any conditions applying to the permit;\n- (d) the reasons for the decision.\n- (i) the name of the permit holder; and\n- (ii) the activities for which the permit was issued; and\n- (iii) any conditions applying to the permit;","sortOrder":115},{"sectionNumber":"sec.82","sectionType":"section","heading":"Authority’s power to issue permits unaffected","content":"### sec.82 Authority’s power to issue permits unaffected\n\nThis part does not limit the authority’s power to issue a wet tropics permit for an activity mentioned in this part.","sortOrder":116},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":117},{"sectionNumber":"sec.83","sectionType":"section","heading":"Evidence about zoning map","content":"### sec.83 Evidence about zoning map\n\nIn a proceeding, a certificate purporting to be signed by the executive director, stating that a stated document is a copy of the zoning map, or a part of the zoning map, is evidence of the matter.\ns 83 amd 2020 SL No. 176 s 54","sortOrder":118},{"sectionNumber":"sec.84","sectionType":"section","heading":"Plan amendments exempted from particular preparation and approval procedures— Act , s 52","content":"### sec.84 Plan amendments exempted from particular preparation and approval procedures— Act , s 52\n\nFor section 52 (2) (d) of the Act , an amendment of a provision in part 8 or schedule 2 , 2A or 2B may be made under section 52 (2) of the Act .\ns 84 prev s 84 exp 1 September 2000 (see s 87)\npres s 84 ins 2020 SL No. 176 s 55\namd 2023 SL No. 142 s 7","sortOrder":119},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions for Wet Tropics (Review) Amendment Management Plan 2020","content":"# Transitional provisions for Wet Tropics (Review) Amendment Management Plan 2020","sortOrder":120},{"sectionNumber":"sec.85","sectionType":"section","heading":"Definitions for part","content":"### sec.85 Definitions for part\n\nIn this part—\ninitial period , for carrying out an activity, means—\nthe period starting on the 2020 amendment day and ending 4 months after that day; or\nif within the 4 months a person applies for a permit to carry out the activity, the period ending on—\nfor an application that lapses—the day the application lapses; or\notherwise—the day the application is decided.\nprevious , in relation to a provision of this plan, whether or not identified, means the provision as in force immediately before the 2020 amendment day.\ns 85 prev s 85 exp 1 September 2000 (see s 87)\npres s 85 ins 2020 SL No. 176 s 56\n- (a) the period starting on the 2020 amendment day and ending 4 months after that day; or\n- (b) if within the 4 months a person applies for a permit to carry out the activity, the period ending on— (i) for an application that lapses—the day the application lapses; or (ii) otherwise—the day the application is decided.\n- (i) for an application that lapses—the day the application lapses; or\n- (ii) otherwise—the day the application is decided.\n- (i) for an application that lapses—the day the application lapses; or\n- (ii) otherwise—the day the application is decided.","sortOrder":121},{"sectionNumber":"sec.86","sectionType":"section","heading":"Keeping or grazing animals","content":"### sec.86 Keeping or grazing animals\n\nThis section applies if, immediately before the 2020 amendment day, a person was—\nkeeping a previous undesirable animal on land in the area under previous section 27(g); or\ngrazing an animal on land in the area under previous section 27(h).\nThe person may continue, under previous section 27(g) or (h), to keep or graze an animal, of the type being kept or grazed, on the land in the initial period.\nPrevious section 27(g) and (h) and previous schedule 2, part 2 continue to apply for keeping or grazing an animal under subsection (2) as if the Wet Tropics (Review) Amendment Management Plan 2020 had not commenced.\nIn this section—\nkeeping , an animal on land, includes allowing the animal to enter and remain on the land.\nprevious undesirable animal means an animal that was an undesirable animal under previous schedule 2, part 2.\ns 86 prev s 86 exp 1 September 2000 (see s 87)\npres s 86 ins 2020 SL No. 176 s 56\n(sec.86-ssec.1) This section applies if, immediately before the 2020 amendment day, a person was— keeping a previous undesirable animal on land in the area under previous section 27(g); or grazing an animal on land in the area under previous section 27(h).\n(sec.86-ssec.2) The person may continue, under previous section 27(g) or (h), to keep or graze an animal, of the type being kept or grazed, on the land in the initial period.\n(sec.86-ssec.3) Previous section 27(g) and (h) and previous schedule 2, part 2 continue to apply for keeping or grazing an animal under subsection (2) as if the Wet Tropics (Review) Amendment Management Plan 2020 had not commenced.\n(sec.86-ssec.4) In this section— keeping , an animal on land, includes allowing the animal to enter and remain on the land. previous undesirable animal means an animal that was an undesirable animal under previous schedule 2, part 2.\n- (a) keeping a previous undesirable animal on land in the area under previous section 27(g); or\n- (b) grazing an animal on land in the area under previous section 27(h).","sortOrder":122},{"sectionNumber":"sec.87","sectionType":"section","heading":"Activity for protecting lives or preventing injuries other than for an emergency","content":"### sec.87 Activity for protecting lives or preventing injuries other than for an emergency\n\nThis section applies if—\nbefore the 2020 amendment day, a person had started to carry out an activity in the area for protecting the lives of, or preventing injuries to, persons, other than for an emergency; and\nthe person had not finished carrying out the activity immediately before the 2020 amendment day.\nThe person may continue to carry out the activity in the initial period.\ns 87 prev s 87 exp 1 September 2000 (see s 87)\npres s 87 ins 2020 SL No. 176 s 56\n(sec.87-ssec.1) This section applies if— before the 2020 amendment day, a person had started to carry out an activity in the area for protecting the lives of, or preventing injuries to, persons, other than for an emergency; and the person had not finished carrying out the activity immediately before the 2020 amendment day.\n(sec.87-ssec.2) The person may continue to carry out the activity in the initial period.\n- (a) before the 2020 amendment day, a person had started to carry out an activity in the area for protecting the lives of, or preventing injuries to, persons, other than for an emergency; and\n- (b) the person had not finished carrying out the activity immediately before the 2020 amendment day.","sortOrder":123},{"sectionNumber":"sec.88","sectionType":"section","heading":"Translocating a crustacean or fish","content":"### sec.88 Translocating a crustacean or fish\n\nThis section applies if—\nbefore the 2020 amendment day, a person held an authority issued under the Fisheries Act 1994 authorising the person to translocate a crustacean or fish in the area; and\nthe authority was in force immediately before the 2020 amendment day.\nThe person may translocate the crustacean or fish in the area under the authority while the authority is in force.\nThis section applies despite section 26(1)(c) but does not authorise a person to translocate a fish of a species mentioned in schedule 2A, part 1 in the area.\ns 88 ins 2020 SL No. 176 s 56\n(sec.88-ssec.1) This section applies if— before the 2020 amendment day, a person held an authority issued under the Fisheries Act 1994 authorising the person to translocate a crustacean or fish in the area; and the authority was in force immediately before the 2020 amendment day.\n(sec.88-ssec.2) The person may translocate the crustacean or fish in the area under the authority while the authority is in force.\n(sec.88-ssec.3) This section applies despite section 26(1)(c) but does not authorise a person to translocate a fish of a species mentioned in schedule 2A, part 1 in the area.\n- (a) before the 2020 amendment day, a person held an authority issued under the Fisheries Act 1994 authorising the person to translocate a crustacean or fish in the area; and\n- (b) the authority was in force immediately before the 2020 amendment day.","sortOrder":124},{"sectionNumber":"sec.89","sectionType":"section","heading":"Using motorised aircraft for commercial purposes","content":"### sec.89 Using motorised aircraft for commercial purposes\n\nThis section applies if, immediately before the 2020 amendment day, a person was carrying on a business involving using a motorised aircraft to take-off from, or land in, the area.\nDespite section 26(1)(m), the person may use a motorised aircraft, for commercial purposes, to take-off from, or land, in the area in the initial period.\ns 89 ins 2020 SL No. 176 s 56\n(sec.89-ssec.1) This section applies if, immediately before the 2020 amendment day, a person was carrying on a business involving using a motorised aircraft to take-off from, or land in, the area.\n(sec.89-ssec.2) Despite section 26(1)(m), the person may use a motorised aircraft, for commercial purposes, to take-off from, or land, in the area in the initial period.","sortOrder":125},{"sectionNumber":"sec.90","sectionType":"section","heading":"Reconfiguring a lot","content":"### sec.90 Reconfiguring a lot\n\nThis section applies if, before the 2020 amendment day—\na person made a development application to a local government for the reconfiguration of a lot in the area; and\na development approval was given for the reconfiguration.\nSection 26(1)(n) does not apply in relation to the reconfiguration of the lot under the development approval.\nIn this section—\ndevelopment application see the Planning Act 2016 , schedule 2 .\ndevelopment approval see the Planning Act 2016 , section 49 (1) .\ns 90 ins 2020 SL No. 176 s 56\n(sec.90-ssec.1) This section applies if, before the 2020 amendment day— a person made a development application to a local government for the reconfiguration of a lot in the area; and a development approval was given for the reconfiguration.\n(sec.90-ssec.2) Section 26(1)(n) does not apply in relation to the reconfiguration of the lot under the development approval.\n(sec.90-ssec.3) In this section— development application see the Planning Act 2016 , schedule 2 . development approval see the Planning Act 2016 , section 49 (1) .\n- (a) a person made a development application to a local government for the reconfiguration of a lot in the area; and\n- (b) a development approval was given for the reconfiguration.","sortOrder":126},{"sectionNumber":"sec.91","sectionType":"section","heading":"Registration of existing cooperative management agreements","content":"### sec.91 Registration of existing cooperative management agreements\n\nThis section applies in relation to an existing cooperative management agreement.\nOn the 2020 amendment day, the authority must register the cooperative management agreement under section 43D(2)(a).\nFor subsection (2), section 43D(2) applies as if the existing cooperative management agreement had been entered into on the 2020 amendment day.\nIn this section—\nexisting cooperative management agreement means a cooperative management agreement that—\nwas entered into under section 41 as in force before the 2020 amendment day; and\nwas in force immediately before the 2020 amendment day.\ns 91 ins 2020 SL No. 176 s 56\n(sec.91-ssec.1) This section applies in relation to an existing cooperative management agreement.\n(sec.91-ssec.2) On the 2020 amendment day, the authority must register the cooperative management agreement under section 43D(2)(a).\n(sec.91-ssec.3) For subsection (2), section 43D(2) applies as if the existing cooperative management agreement had been entered into on the 2020 amendment day.\n(sec.91-ssec.4) In this section— existing cooperative management agreement means a cooperative management agreement that— was entered into under section 41 as in force before the 2020 amendment day; and was in force immediately before the 2020 amendment day.\n- (a) was entered into under section 41 as in force before the 2020 amendment day; and\n- (b) was in force immediately before the 2020 amendment day.","sortOrder":127},{"sectionNumber":"sec.92","sectionType":"section","heading":"Undecided permit application","content":"### sec.92 Undecided permit application\n\nThis section applies if—\nbefore the 2020 amendment day, an application for a permit was made; and\nimmediately before the 2020 amendment day, the application had not lapsed and had not been decided.\nThe following provisions continue to apply for dealing with and deciding the application as if the Wet Tropics (Review) Amendment Management Plan 2020 had not commenced—\nprevious section 47;\nprevious section 51(2);\nprevious part 4, divisions 2 and 4.\ns 92 ins 2020 SL No. 176 s 56\n(sec.92-ssec.1) This section applies if— before the 2020 amendment day, an application for a permit was made; and immediately before the 2020 amendment day, the application had not lapsed and had not been decided.\n(sec.92-ssec.2) The following provisions continue to apply for dealing with and deciding the application as if the Wet Tropics (Review) Amendment Management Plan 2020 had not commenced— previous section 47; previous section 51(2); previous part 4, divisions 2 and 4.\n- (a) before the 2020 amendment day, an application for a permit was made; and\n- (b) immediately before the 2020 amendment day, the application had not lapsed and had not been decided.\n- (a) previous section 47;\n- (b) previous section 51(2);\n- (c) previous part 4, divisions 2 and 4.","sortOrder":128},{"sectionNumber":"sec.93","sectionType":"section","heading":"Undecided rezoning application","content":"### sec.93 Undecided rezoning application\n\nThis section applies if—\nbefore the 2020 amendment day, an application was made under previous schedule 1, section 1(2); and\nimmediately before the 2020 amendment day, the application had not been decided.\nPrevious schedule 1 continues to apply for dealing with and deciding the application as if the Wet Tropics (Review) Amendment Management Plan 2020 had not commenced.\nFor subsection (2), the references in schedule 1, section 3(3)(c) to part 4, division 1 and part 4, divisions 2 to 4 are taken to be references to previous part 4, division 1 and previous part 4, divisions 2 to 4 respectively.\ns 93 ins 2020 SL No. 176 s 56\n(sec.93-ssec.1) This section applies if— before the 2020 amendment day, an application was made under previous schedule 1, section 1(2); and immediately before the 2020 amendment day, the application had not been decided.\n(sec.93-ssec.2) Previous schedule 1 continues to apply for dealing with and deciding the application as if the Wet Tropics (Review) Amendment Management Plan 2020 had not commenced.\n(sec.93-ssec.3) For subsection (2), the references in schedule 1, section 3(3)(c) to part 4, division 1 and part 4, divisions 2 to 4 are taken to be references to previous part 4, division 1 and previous part 4, divisions 2 to 4 respectively.\n- (a) before the 2020 amendment day, an application was made under previous schedule 1, section 1(2); and\n- (b) immediately before the 2020 amendment day, the application had not been decided.","sortOrder":129},{"sectionNumber":"sec.94","sectionType":"section","heading":"References to previous provisions in documents","content":"### sec.94 References to previous provisions in documents\n\nA reference in a permit or other document to a previous provision of this plan may, if the context permits, be taken to be a reference to the corresponding provision for the previous provision.\nIn this section—\ncorresponding provision , for a previous provision, means a provision of this plan that is substantially the same as or equivalent to the previous provision.\ns 94 ins 2020 SL No. 176 s 56\n(sec.94-ssec.1) A reference in a permit or other document to a previous provision of this plan may, if the context permits, be taken to be a reference to the corresponding provision for the previous provision.\n(sec.94-ssec.2) In this section— corresponding provision , for a previous provision, means a provision of this plan that is substantially the same as or equivalent to the previous provision.","sortOrder":130},{"sectionNumber":"sch.2A-pt.1","sectionType":"part","heading":"Fish","content":"# Fish","sortOrder":131},{"sectionNumber":"sch.2A-pt.2","sectionType":"part","heading":"Other animals","content":"# Other animals","sortOrder":132}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan's scope has expanded meaningfully since its 1998 commencement. Significant 2020 amendments (SL No. 176) restructured and added numerous provisions, including: explicit rules for keeping pets and honey bees (ss. 27A, 27B); clearer zone-specific permitted activity lists; a new 'rainforest area' overlay concept (s. 3A, added 2022); updated procedures for amending the zoning map; and new protections around motor vehicle use on roads (s. 27C). A 2023 amendment further adjusted allowed activities. The original 1998 plan focused more narrowly on prohibitions and zone management; successive amendments have layered in detailed positive permissions and everyday-activity rules affecting private landholders and residents — reflecting a broader regulatory approach than the original framework contemplated."},"complexity_factors":["Multiple overlapping regulatory layers: the plan operates alongside the Wet Tropics World Heritage Area Protection and Management Act, Nature Conservation Act 1992, Native Title Act 1993 (Cth), Vegetation Management Act 1999, Forestry Act 1959, Biosecurity Act 2014, and Environmental Protection Regulation 2019","Three-zone system with different rules applying in each zone, and an additional 'rainforest area' overlay that adds further restrictions","Complex permit system with many categories of permitted activities that vary by zone, land tenure type, and the identity of the applicant","Multiple pathways for amending the zoning map (general procedure, minor change procedure, schedule 1 essential infrastructure procedure), each with different legal thresholds and approval processes","Native title rights require careful navigation — the plan must not disadvantage native title holders compared to ordinary landowners, creating a parallel track of rights and exemptions","Cooperative management agreements create individually negotiated variations to the plan's standard rules, adding unpredictability","Cross-references to schedules (schedules 1, 2A, 2B, 3) that are not fully reproduced, making the full legal picture incomplete without those documents","The 'minor and inconsequential impact' exemption (s.28) requires subjective judgment about whether an activity meets the threshold, creating legal uncertainty for landholders","Numerous defined terms (undesirable plant, undesirable animal, forest product, community services infrastructure, visitor infrastructure, etc.) with precise technical meanings that differ from everyday usage"],"plain_english_summary":"The Wet Tropics Management Plan 1998 sets who can do what in the Wet Tropics World Heritage Area — dividing land into three zones (strict protection to flexible use) and regulating visitors, landowners, Traditional Owners, businesses, councils and researchers. Many disruptive activities (clearing, mining, new roads, off-road driving, most boating, etc.) are banned without a permit; others (bushwalking, emergency actions, some existing infrastructure uses) are allowed. The plan preserves owners’ and native title rights, provides a permit and cooperative‑management framework, and allows rezoning with safeguards."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The plan’s scope has been substantively updated by later amendments (notably the 2020 amendments). Changes in the text include: formalising digital zoning map handling and registers (sec 7, sec 18); expanding and clarifying the permit regime and procedural rules (pts 4–5, secs 45–49, 51–54); introducing or restating cooperative management agreement procedures and mandatory registration (secs 40–43D); allowing other permit entities subject to authority approval (secs 76–80); and adding targeted allowed activities (eg. keeping dogs/cats, beekeeping) and transitional arrangements preserving some pre‑amendment activities during an initial period (secs 27A–27B; pt 8, secs 85–94). These amendments broaden administrative processes, introduce new recordkeeping and inter‑agency checks, and create transitional rights for pre‑existing activities."},"complexity_factors":["Layered decision‑making and discretion: authority may issue permits with conditions and security (secs 51–52), must ‘have regard to’ many criteria (secs 56–61), and may negotiate cooperative management agreements (secs 40–41) — wide administrative judgment required.","Cross‑statutory references and interaction with other laws: Native Title Act s211, Vegetation Management Act (property map definition), Nature Conservation Act and Forestry Act restrictions referenced (secs 3A, 23, 27C, 30, 77, 78).","Multiple permit pathways and entities: permits issued by the authority, nature conservation chief executive, or other relevant permit entities with authority approval (secs 32, 76–80) — inter‑agency coordination and dual approvals.","Detailed procedural and evidentiary requirements: application form and fee (sec 45), assessment fee and lapse rules (sec 46), information and EIA requests with minimum periods (sec 47), decision due dates and extensions (sec 49) — burdens on applicants and administrators.","Rezoning and mapping complexity: digital zoning map, exact boundary identification, procedures for general and limited amendments, and register of amendments (secs 7, 14–18) — technical mapping and recordkeeping obligations.","Cooperative management agreements interaction with plan and zoning: agreements can change how the plan applies and prevail over zoning in some inconsistencies; earlier agreements prevail over later ones (secs 41, 43, 43A, 43C, 43D) — contractual and statutory interplay.","Exemptions and offences with penalties: exemptions to section 56 offences where activities carried out under permits/division or registered agreements (sec 44); many prohibited acts and graduated penalty units (sec 26) — compliance and enforcement stakes.","Transitional provisions and amendments: 2020 amendment creates initial‑period rules, preserves some pre‑amendment activities and adds new provisions (pt 8, secs 85–94) — temporal complexity for existing rights.","Appeals and judicial review pathway: internal review to the authority (secs 68–70) then appeal to Planning & Environment Court, rehearing standard, further appeal limited to questions of law (secs 71–75) — multi‑stage dispute resolution."],"plain_english_summary":"This plan divides the Wet Tropics into three management zones, lists activities that are prohibited, allowed, or require a permit, and sets out how the Wet Tropics authority (and some other permit entities) must decide applications, keep registers and amend zoning maps. It establishes cooperative management agreements, exemptions, and review and appeal procedures. It matters to land-holders, native title holders, businesses and governments because it changes what uses are lawful on land, creates application and assessment obligations and gives officials scope to impose conditions, bonds and information requirements."},"kimi_summary":{"_metrics":{"completionTokens":786},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The 2020 amendments significantly expanded the plan's scope. Originally focused primarily on conservation zoning, the plan now incorporates: (1) detailed domestic activity provisions for landholders (sections 35, 63, 63A); (2) specific rules for keeping pets and bees (sections 27A, 27B); (3) expanded motor vehicle provisions (section 27C); (4) cooperative management agreement framework with registration and enforcement mechanisms (sections 40-43D); (5) multiple permit entity arrangements (Part 6); and (6) extensive transitional protections for existing uses. The plan has evolved from a simple zoning instrument to a comprehensive land-use code with negotiated outcomes and property rights accommodations."},"complexity_factors":["Multiple overlapping zones (A, B, C) with different management purposes and rules","Extensive cross-referencing to other Queensland legislation (Nature Conservation Act, Forestry Act, Vegetation Management Act, Native Title Act, etc.)","Conditional logic throughout — activities permitted 'if' certain conditions met, 'unless' exceptions apply, 'subject to' other provisions","Nested definitions and defined terms including 'rainforest area', 'community services infrastructure', 'visitor infrastructure', 'undesirable plants/animals', 'forest products'","Multiple permit pathways with different decision-makers (authority, nature conservation chief executive, other permit entities)","Transitional provisions preserving rights under previous versions of the plan","Native title interactions creating layered legal obligations","Detailed procedural requirements for applications, reviews, and appeals including time limits and information requirements"],"plain_english_summary":"This is a **management plan for the Wet Tropics World Heritage Area** in Queensland, Australia — a region of tropical rainforest stretching from Townsville to Cooktown.\n\n**What it does:**\nThe plan divides the area into **three management zones (A, B, and C)** with different levels of protection:\n- **Zone A**: Highest protection — essentially conservation-only with limited visitor access\n- **Zone B**: High protection but acts as a buffer between Zone A and infrastructure\n- **Zone C**: Allows more development including community services and visitor infrastructure, but still with environmental safeguards\n\n**Who it affects:**\n- **Landholders** (freehold and native title holders) who want to build, farm, or develop\n- **Visitors** using the area for recreation\n- **Government agencies** managing roads, power, water, and other services\n- **Business operators** running tours, aircraft, or other commercial activities\n- **Traditional Owners** exercising native title rights\n\n**Key rules:**\n- Many activities are **prohibited** without a permit — including clearing vegetation, building structures, mining, operating motor vehicles, flying aircraft low, and keeping certain animals\n- Some activities are **allowed without a permit** — like emergency responses, maintaining existing firebreaks, grazing cattle (outside rainforest areas), and keeping pets on private land under strict conditions\n- **Permits** can be obtained for activities like building homes, maintaining infrastructure, scientific research, and tourism operations — but only if they meet strict criteria protecting World Heritage values\n- **Cooperative management agreements** allow negotiated arrangements with landholders who contribute to conservation goals\n\n**Why it matters:**\nThe Wet Tropics is internationally recognised for its outstanding biodiversity and Aboriginal cultural heritage. This plan balances **conservation of World Heritage values** with **limited sustainable use** and **recognition of property rights**, including native title. It ensures any development is scrutinised for environmental impact and requires alternatives to be considered before approval.\n\nThe plan is legally binding and enforceable, with penalties up to **165 penalty units** (roughly $20,000+) for serious breaches."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/wet-tropics-management-plan-1998","history":"/api/acts/wet-tropics-management-plan-1998/history","analysis":"/api/acts/wet-tropics-management-plan-1998/analysis","conflicts":"/api/acts/wet-tropics-management-plan-1998/conflicts","importantCases":"/api/acts/wet-tropics-management-plan-1998/important-cases","documents":"/api/acts/wet-tropics-management-plan-1998/documents"}}