{"id":"qld:act-1993-050","name":"Wet Tropics World Heritage Protection and Management Act 1993","slug":"wet-tropics-world-heritage-protection-and-management-act-1993","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"50 of 1993","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104784,"registerId":"qld-act-1993-050-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Wet Tropics World Heritage Protection and Management Act 1993 .","sortOrder":1},{"sectionNumber":"sec.3","sectionType":"section","heading":"Crown bound","content":"### sec.3 Crown bound\n\nThis Act binds the Crown in right of Queensland and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\nNothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.\nHowever, subsection&#160;(2) does not prevent an officer, employee or agent of the Crown from being prosecuted for an offence.\n(sec.3-ssec.1) This Act binds the Crown in right of Queensland and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n(sec.3-ssec.2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.\n(sec.3-ssec.3) However, subsection&#160;(2) does not prevent an officer, employee or agent of the Crown from being prosecuted for an offence.","sortOrder":2},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule&#160;3 defines particular words used in this Act.\ns&#160;4 Note—prev s&#160;4 contained definitions for this Act. Definitions are now located in schedule&#160;3 (Dictionary).\npres s&#160;4 amd 2005 No.&#160;53 s&#160;155 (1)","sortOrder":3},{"sectionNumber":"sec.5","sectionType":"section","heading":"Aboriginal people particularly concerned with land","content":"### sec.5 Aboriginal people particularly concerned with land\n\nFor the purposes of this Act, Aboriginal people are particularly concerned with land if—\nthey are members of a group that has a particular connection with the land under Aboriginal tradition; or\nthey live on or use the land or neighbouring land.\n- (a) they are members of a group that has a particular connection with the land under Aboriginal tradition; or\n- (b) they live on or use the land or neighbouring land.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Wet Tropics Management Authority and its board","content":"# Wet Tropics Management Authority and its board","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment, functions and powers of authority","content":"## Establishment, functions and powers of authority","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Establishment of authority","content":"### sec.6 Establishment of authority\n\nAn authority called the Wet Tropics Management Authority is established.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Object of establishment of authority","content":"### sec.7 Object of establishment of authority\n\nThe authority is established to ensure that Australia’s obligation under the World Heritage Convention in relation to the wet tropics area is met.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Authority is body corporate etc.","content":"### sec.8 Authority is body corporate etc.\n\nThe authority—\nis a body corporate; and\nhas a seal; and\nmay sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) has a seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Authority represents the Crown","content":"### sec.9 Authority represents the Crown\n\nThe authority represents the Crown.\nWithout limiting subsection&#160;(1) , the authority has all the privileges and immunities of the Crown.\ns&#160;9 amd 2001 No.&#160;45 s&#160;29 sch&#160;3\n(sec.9-ssec.1) The authority represents the Crown.\n(sec.9-ssec.2) Without limiting subsection&#160;(1) , the authority has all the privileges and immunities of the Crown.","sortOrder":10},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Excluded matter for Corporations legislation","content":"### sec.9A Excluded matter for Corporations legislation\n\nThe authority is declared to be an excluded matter for the Corporations Act , section&#160;5F , in relation to the following provisions of the Corporations Act —\nparts&#160;2D .1 and 2D.6;\nchapters 2K and 2L;\nparts&#160;5.7 , 5 .7B, 5.9 and 5B.2.\ns&#160;9A ins 2001 No.&#160;45 s&#160;29 sch&#160;3\n- (a) parts&#160;2D .1 and 2D.6;\n- (b) chapters 2K and 2L;\n- (c) parts&#160;5.7 , 5 .7B, 5.9 and 5B.2.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Authority’s functions","content":"### sec.10 Authority’s functions\n\nThe authority’s functions are to—\ndevelop and implement policies and programs in relation to the management of the wet tropics area; and\nformulate performance indicators for the implementation of policies and programs approved by the State Minister and the Commonwealth Minister; and\nadvise and make recommendations to the State Minister and the Commonwealth Minister in relation to—\nthe management of the wet tropics area; and\nAustralia’s obligation under the World Heritage Convention in relation to the wet tropics area; and\nprepare, and ensure the implementation of, management plans for the wet tropics area; and\nadminister funding arrangements in relation to the wet tropics area; and\nenter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and\nenter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and\ngather, research, analyse and disseminate information on the wet tropics area; and\ndevelop public and community education programs in relation to the wet tropics area; and\npromote the wet tropics area locally, nationally and internationally; and\nliaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and\nmonitor the state of the wet tropics area; and\nadvise and report to the State Minister and the Commonwealth Minister on the state of the wet tropics area; and\nperform functions incidental to a function under another paragraph of this subsection.\nThe functions of the authority under subsection&#160;(1) to advise, report to and make recommendations to the State Minister and the Commonwealth Minister may be performed by the authority on request or its own initiative.\nA cooperative management agreement under subsection&#160;(1) (f) may make provision for financial, scientific, technical or other assistance in relation to the management of the wet tropics area.\nThe authority must perform its functions in a way that is consistent with the protection of the natural heritage values of the wet tropics area.\nSubject to subsection&#160;(4) , in performing its functions, the authority must, as far as practicable—\nhave regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and\nliaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area.\n‘Aboriginal tradition’ is defined under the Acts Interpretation Act 1954 . See schedule&#160;1 of that Act.\nSubject to subsection&#160;(4) , the authority must, as far as practicable, perform its functions in a way that is consistent with the objectives and principles of the National Strategy for Ecologically Sustainable Development.\ns&#160;10 amd 2023 No.&#160;6 s&#160;137 ; 2022 No.&#160;21 s&#160;52\n(sec.10-ssec.1) The authority’s functions are to— develop and implement policies and programs in relation to the management of the wet tropics area; and formulate performance indicators for the implementation of policies and programs approved by the State Minister and the Commonwealth Minister; and advise and make recommendations to the State Minister and the Commonwealth Minister in relation to— the management of the wet tropics area; and Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and prepare, and ensure the implementation of, management plans for the wet tropics area; and administer funding arrangements in relation to the wet tropics area; and enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and gather, research, analyse and disseminate information on the wet tropics area; and develop public and community education programs in relation to the wet tropics area; and promote the wet tropics area locally, nationally and internationally; and liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and monitor the state of the wet tropics area; and advise and report to the State Minister and the Commonwealth Minister on the state of the wet tropics area; and perform functions incidental to a function under another paragraph of this subsection.\n(sec.10-ssec.2) The functions of the authority under subsection&#160;(1) to advise, report to and make recommendations to the State Minister and the Commonwealth Minister may be performed by the authority on request or its own initiative.\n(sec.10-ssec.3) A cooperative management agreement under subsection&#160;(1) (f) may make provision for financial, scientific, technical or other assistance in relation to the management of the wet tropics area.\n(sec.10-ssec.4) The authority must perform its functions in a way that is consistent with the protection of the natural heritage values of the wet tropics area.\n(sec.10-ssec.5) Subject to subsection&#160;(4) , in performing its functions, the authority must, as far as practicable— have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and liaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area. ‘Aboriginal tradition’ is defined under the Acts Interpretation Act 1954 . See schedule&#160;1 of that Act.\n(sec.10-ssec.6) Subject to subsection&#160;(4) , the authority must, as far as practicable, perform its functions in a way that is consistent with the objectives and principles of the National Strategy for Ecologically Sustainable Development.\n- (a) develop and implement policies and programs in relation to the management of the wet tropics area; and\n- (b) formulate performance indicators for the implementation of policies and programs approved by the State Minister and the Commonwealth Minister; and\n- (c) advise and make recommendations to the State Minister and the Commonwealth Minister in relation to— (i) the management of the wet tropics area; and (ii) Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and\n- (i) the management of the wet tropics area; and\n- (ii) Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and\n- (d) prepare, and ensure the implementation of, management plans for the wet tropics area; and\n- (e) administer funding arrangements in relation to the wet tropics area; and\n- (f) enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and\n- (g) enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and\n- (h) gather, research, analyse and disseminate information on the wet tropics area; and\n- (i) develop public and community education programs in relation to the wet tropics area; and\n- (j) promote the wet tropics area locally, nationally and internationally; and\n- (k) liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and\n- (l) monitor the state of the wet tropics area; and\n- (m) advise and report to the State Minister and the Commonwealth Minister on the state of the wet tropics area; and\n- (n) perform functions incidental to a function under another paragraph of this subsection.\n- (i) the management of the wet tropics area; and\n- (ii) Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and\n- (a) have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and\n- (b) liaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Authority’s powers","content":"### sec.11 Authority’s powers\n\nThe authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\nWithout limiting subsection&#160;(1) , the authority has such powers as are conferred on it by this Act.\nWithout limiting subsection&#160;(1) , the authority has, for or in connection with the performance of its functions, all the powers of an individual, and may, for example—\nenter into contracts; and\nacquire, hold, dispose of, and deal with, property; and\nappoint agents and attorneys; and\ncharge, and fix terms, for goods, services and information supplied by it; and\nengage consultants.\n(sec.11-ssec.1) The authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.\n(sec.11-ssec.2) Without limiting subsection&#160;(1) , the authority has such powers as are conferred on it by this Act.\n(sec.11-ssec.3) Without limiting subsection&#160;(1) , the authority has, for or in connection with the performance of its functions, all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with, property; and appoint agents and attorneys; and charge, and fix terms, for goods, services and information supplied by it; and engage consultants.\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of, and deal with, property; and\n- (c) appoint agents and attorneys; and\n- (d) charge, and fix terms, for goods, services and information supplied by it; and\n- (e) engage consultants.","sortOrder":13},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"The board of directors","content":"## The board of directors","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"The board","content":"### sec.12 The board\n\nThere is a board of directors of the authority.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Role of the board","content":"### sec.13 Role of the board\n\nThe board is responsible for the way in which the authority performs its functions and exercises its powers.\nWithout limiting subsection&#160;(1) , it is the board’s role—\nto decide the objectives, strategies and policies to be followed by the authority; and\nto ensure that the authority performs its functions in a proper, effective and efficient way.\n(sec.13-ssec.1) The board is responsible for the way in which the authority performs its functions and exercises its powers.\n(sec.13-ssec.2) Without limiting subsection&#160;(1) , it is the board’s role— to decide the objectives, strategies and policies to be followed by the authority; and to ensure that the authority performs its functions in a proper, effective and efficient way.\n- (a) to decide the objectives, strategies and policies to be followed by the authority; and\n- (b) to ensure that the authority performs its functions in a proper, effective and efficient way.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Composition of board","content":"### sec.14 Composition of board\n\nThe board is to consist of the following 7 directors—\nthe chairperson, appointed on the nomination of the State Minister and the Commonwealth Minister;\n1 Aboriginal person appointed on the nomination of the State Minister and the Commonwealth Minister;\n2 persons appointed on the nomination of the Commonwealth;\n2 persons appointed on the nomination of the State;\nthe executive director.\nThe Aboriginal person appointed under subsection&#160;(1) (ab) must be particularly concerned with land in the wet tropics area.\nFor when an aboriginal person is particularly concerned with the land, see section&#160;5 (Aboriginal people particularly concerned with land).\ns&#160;14 amd 2006 No.&#160;11 s&#160;112 ; 2022 No.&#160;21 s&#160;53\n(sec.14-ssec.1) The board is to consist of the following 7 directors— the chairperson, appointed on the nomination of the State Minister and the Commonwealth Minister; 1 Aboriginal person appointed on the nomination of the State Minister and the Commonwealth Minister; 2 persons appointed on the nomination of the Commonwealth; 2 persons appointed on the nomination of the State; the executive director.\n(sec.14-ssec.2) The Aboriginal person appointed under subsection&#160;(1) (ab) must be particularly concerned with land in the wet tropics area. For when an aboriginal person is particularly concerned with the land, see section&#160;5 (Aboriginal people particularly concerned with land).\n- (a) the chairperson, appointed on the nomination of the State Minister and the Commonwealth Minister;\n- (ab) 1 Aboriginal person appointed on the nomination of the State Minister and the Commonwealth Minister;\n- (b) 2 persons appointed on the nomination of the Commonwealth;\n- (c) 2 persons appointed on the nomination of the State;\n- (d) the executive director.","sortOrder":17},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Provisions relating to directors other than the executive director","content":"## Provisions relating to directors other than the executive director","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application of division","content":"### sec.15 Application of division\n\nThis division applies to the directors other than the executive director.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Appointment","content":"### sec.16 Appointment\n\nThe directors are to be appointed by the Governor in Council.\nA person is qualified to be a director if the person—\nis not an officer of the public service of the State or the Commonwealth; and\nhas qualifications or extensive experience in a field related to the authority’s functions.\nSubsection&#160;(4) applies if—\na qualified person has not been nominated for appointment as a director under section&#160;14 (1) (a) , (ab) or (b) (each a relevant provision ); and\nthe State Minister believes there has been a reasonable opportunity for a qualified person to be nominated for appointment under the relevant provision; and\nthe State Minister asks the Commonwealth Minister to—\nif the relevant provision is section&#160;14 (1) (a) or (ab) —arrange with the State Minister to nominate a qualified person for appointment under the provision; or\nif the relevant provision is section&#160;14 (1) (b) —nominate a qualified person for appointment under the provision; and\na qualified person has not been nominated for appointment under the relevant provision within 3 months after the request is made.\nDespite section&#160;14 (1) , the Governor in Council may appoint—\na qualified person as the chairperson; or\na qualified person who is an Aboriginal person as the director mentioned in section&#160;14 (1) (ab) ; or\na qualified person as 1 of the 2 directors mentioned in section&#160;14 (1) (b) .\nA person appointed under subsection&#160;(4) (a) is taken to have been appointed as the chairperson under section&#160;14 (1) (a) .\nA person appointed under subsection&#160;(4) (b) is taken to have been appointed as a director under section&#160;14 (1) (ab) .\nA person appointed under subsection&#160;(4) (c) is taken to have been appointed as a director under section&#160;14 (1) (b) .\ns&#160;16 amd 2022 No.&#160;21 s&#160;54\n(sec.16-ssec.1) The directors are to be appointed by the Governor in Council.\n(sec.16-ssec.2) A person is qualified to be a director if the person— is not an officer of the public service of the State or the Commonwealth; and has qualifications or extensive experience in a field related to the authority’s functions.\n(sec.16-ssec.3) Subsection&#160;(4) applies if— a qualified person has not been nominated for appointment as a director under section&#160;14 (1) (a) , (ab) or (b) (each a relevant provision ); and the State Minister believes there has been a reasonable opportunity for a qualified person to be nominated for appointment under the relevant provision; and the State Minister asks the Commonwealth Minister to— if the relevant provision is section&#160;14 (1) (a) or (ab) —arrange with the State Minister to nominate a qualified person for appointment under the provision; or if the relevant provision is section&#160;14 (1) (b) —nominate a qualified person for appointment under the provision; and a qualified person has not been nominated for appointment under the relevant provision within 3 months after the request is made.\n(sec.16-ssec.4) Despite section&#160;14 (1) , the Governor in Council may appoint— a qualified person as the chairperson; or a qualified person who is an Aboriginal person as the director mentioned in section&#160;14 (1) (ab) ; or a qualified person as 1 of the 2 directors mentioned in section&#160;14 (1) (b) .\n(sec.16-ssec.5) A person appointed under subsection&#160;(4) (a) is taken to have been appointed as the chairperson under section&#160;14 (1) (a) .\n(sec.16-ssec.6) A person appointed under subsection&#160;(4) (b) is taken to have been appointed as a director under section&#160;14 (1) (ab) .\n(sec.16-ssec.7) A person appointed under subsection&#160;(4) (c) is taken to have been appointed as a director under section&#160;14 (1) (b) .\n- (a) is not an officer of the public service of the State or the Commonwealth; and\n- (b) has qualifications or extensive experience in a field related to the authority’s functions.\n- (a) a qualified person has not been nominated for appointment as a director under section&#160;14 (1) (a) , (ab) or (b) (each a relevant provision ); and\n- (b) the State Minister believes there has been a reasonable opportunity for a qualified person to be nominated for appointment under the relevant provision; and\n- (c) the State Minister asks the Commonwealth Minister to— (i) if the relevant provision is section&#160;14 (1) (a) or (ab) —arrange with the State Minister to nominate a qualified person for appointment under the provision; or (ii) if the relevant provision is section&#160;14 (1) (b) —nominate a qualified person for appointment under the provision; and\n- (i) if the relevant provision is section&#160;14 (1) (a) or (ab) —arrange with the State Minister to nominate a qualified person for appointment under the provision; or\n- (ii) if the relevant provision is section&#160;14 (1) (b) —nominate a qualified person for appointment under the provision; and\n- (d) a qualified person has not been nominated for appointment under the relevant provision within 3 months after the request is made.\n- (i) if the relevant provision is section&#160;14 (1) (a) or (ab) —arrange with the State Minister to nominate a qualified person for appointment under the provision; or\n- (ii) if the relevant provision is section&#160;14 (1) (b) —nominate a qualified person for appointment under the provision; and\n- (a) a qualified person as the chairperson; or\n- (b) a qualified person who is an Aboriginal person as the director mentioned in section&#160;14 (1) (ab) ; or\n- (c) a qualified person as 1 of the 2 directors mentioned in section&#160;14 (1) (b) .","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Duration of appointment etc.","content":"### sec.17 Duration of appointment etc.\n\nThe appointment of a director is for a term (not longer than 3 years) as is specified in the director’s instrument of appointment.\nA director is eligible for reappointment for a further term unless—\nthe director has completed 6 consecutive years as a director; or\nthe total period of the appointment, including the further term, would be 6 consecutive years or more.\ns&#160;17 amd 2023 No.&#160;6 s&#160;138\n(sec.17-ssec.1) The appointment of a director is for a term (not longer than 3 years) as is specified in the director’s instrument of appointment.\n(sec.17-ssec.2) A director is eligible for reappointment for a further term unless— the director has completed 6 consecutive years as a director; or the total period of the appointment, including the further term, would be 6 consecutive years or more.\n- (a) the director has completed 6 consecutive years as a director; or\n- (b) the total period of the appointment, including the further term, would be 6 consecutive years or more.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Terms of appointment","content":"### sec.18 Terms of appointment\n\nA director is appointed on a part-time basis.\nA director is to be paid such remuneration and allowances as are determined by the Governor in Council.\nA director holds office on such terms not provided in this Act as are determined by the Governor in Council.\n(sec.18-ssec.1) A director is appointed on a part-time basis.\n(sec.18-ssec.2) A director is to be paid such remuneration and allowances as are determined by the Governor in Council.\n(sec.18-ssec.3) A director holds office on such terms not provided in this Act as are determined by the Governor in Council.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Chairperson","content":"### sec.19 Chairperson\n\ns&#160;19 om 2006 No.&#160;11 s&#160;113","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Appointment of acting chairperson","content":"### sec.20 Appointment of acting chairperson\n\nThe board may appoint 1 of its directors to act as chairperson during any period, or all periods, of not longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.\nThe Governor in Council may, after consultation with the State Minister and the Commonwealth Minister, appoint a person to act as chairperson—\nduring a vacancy in the office; or\nduring any period, or all periods, of longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.\ns&#160;20 amd 2022 No.&#160;21 s&#160;55\n(sec.20-ssec.1) The board may appoint 1 of its directors to act as chairperson during any period, or all periods, of not longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.\n(sec.20-ssec.2) The Governor in Council may, after consultation with the State Minister and the Commonwealth Minister, appoint a person to act as chairperson— during a vacancy in the office; or during any period, or all periods, of longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.\n- (a) during a vacancy in the office; or\n- (b) during any period, or all periods, of longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Appointment of acting director","content":"### sec.21 Appointment of acting director\n\nSubject to subsection&#160;(2) , the Governor in Council may appoint a person to act as a director (other than the chairperson)—\nwhile the office of the director is vacant; or\nduring any period, or all periods, when the director is absent from duty or Australia or is, for another reason, unable to perform the functions of office.\nA person may be appointed to act as a director mentioned in section&#160;14 (1) (b) only after consultation with the Commonwealth.\ns&#160;21 amd 2022 No.&#160;21 s&#160;64 s ch&#160;1 pt&#160;2\n(sec.21-ssec.1) Subject to subsection&#160;(2) , the Governor in Council may appoint a person to act as a director (other than the chairperson)— while the office of the director is vacant; or during any period, or all periods, when the director is absent from duty or Australia or is, for another reason, unable to perform the functions of office.\n(sec.21-ssec.2) A person may be appointed to act as a director mentioned in section&#160;14 (1) (b) only after consultation with the Commonwealth.\n- (a) while the office of the director is vacant; or\n- (b) during any period, or all periods, when the director is absent from duty or Australia or is, for another reason, unable to perform the functions of office.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Removal from office","content":"### sec.22 Removal from office\n\nSubject to subsections&#160;(2) and (3) , the Governor in Council may remove a director from office if the director—\nis convicted of an indictable offence; or\nis guilty of misconduct or neglect of duty; or\ncontravenes a provision of this Act without reasonable excuse; or\nis unable to perform the functions of office because of physical or mental incapacity.\nThe following directors may be removed only after consultation with the State Minister and the Commonwealth Minister—\nthe chairperson;\nthe director mentioned in section&#160;14 (1) (ab) .\nA director mentioned in section&#160;14 (1) (b) may be removed only after consultation with the Commonwealth.\ns&#160;22 amd 2022 No.&#160;21 s&#160;56\n(sec.22-ssec.1) Subject to subsections&#160;(2) and (3) , the Governor in Council may remove a director from office if the director— is convicted of an indictable offence; or is guilty of misconduct or neglect of duty; or contravenes a provision of this Act without reasonable excuse; or is unable to perform the functions of office because of physical or mental incapacity.\n(sec.22-ssec.2) The following directors may be removed only after consultation with the State Minister and the Commonwealth Minister— the chairperson; the director mentioned in section&#160;14 (1) (ab) .\n(sec.22-ssec.3) A director mentioned in section&#160;14 (1) (b) may be removed only after consultation with the Commonwealth.\n- (a) is convicted of an indictable offence; or\n- (b) is guilty of misconduct or neglect of duty; or\n- (c) contravenes a provision of this Act without reasonable excuse; or\n- (d) is unable to perform the functions of office because of physical or mental incapacity.\n- (a) the chairperson;\n- (b) the director mentioned in section&#160;14 (1) (ab) .","sortOrder":26},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Provisions relating to the executive director","content":"## Provisions relating to the executive director","sortOrder":27},{"sectionNumber":"sec.23","sectionType":"section","heading":"Executive director","content":"### sec.23 Executive director\n\nThe executive director is to be appointed under the Public Sector Act 2022 after consultation among the State Minister, the Commonwealth Minister and the authority.\ns&#160;23 amd 1996 No.&#160;37 s&#160;147 sch&#160;2 ; 2009 No.&#160;25 s&#160;83 sch; 2022 No.&#160;34 s&#160;365 sch&#160;3 ; 2022 No.&#160;21 s&#160;57","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Executive director’s duties","content":"### sec.24 Executive director’s duties\n\nThe executive director is, under the board, to manage the authority.\nAnything done in the name of, or on behalf of, the authority by the executive director is taken to have been done by the authority.\nThe executive director may, subject to section&#160;31 (Disclosure of interests by directors), take part in any of the board’s deliberations but has no voting rights at a meeting of the board.\ns&#160;24 amd 2022 No.&#160;21 s&#160;58\n(sec.24-ssec.1) The executive director is, under the board, to manage the authority.\n(sec.24-ssec.2) Anything done in the name of, or on behalf of, the authority by the executive director is taken to have been done by the authority.\n(sec.24-ssec.3) The executive director may, subject to section&#160;31 (Disclosure of interests by directors), take part in any of the board’s deliberations but has no voting rights at a meeting of the board.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Disclosure of interests by executive director","content":"### sec.25 Disclosure of interests by executive director\n\nThe executive director must give written notice to the chairperson of all direct or indirect pecuniary interests that the executive director has or acquires in any business or in any corporation carrying on any business.\nThe obligations of the executive director under subsection&#160;(1) are in addition to any obligations that the executive director has under this Act or any other law.\n(sec.25-ssec.1) The executive director must give written notice to the chairperson of all direct or indirect pecuniary interests that the executive director has or acquires in any business or in any corporation carrying on any business.\n(sec.25-ssec.2) The obligations of the executive director under subsection&#160;(1) are in addition to any obligations that the executive director has under this Act or any other law.","sortOrder":30},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Business and meetings of the board","content":"## Business and meetings of the board","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Conduct of business","content":"### sec.26 Conduct of business\n\nSubject to this division, the board may conduct its business (including its meetings) in the way it considers appropriate.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Times and places of meetings","content":"### sec.27 Times and places of meetings\n\nSubject to subsections&#160;(2) and (3) , meetings of the board are to be held at such times and places as the board determines.\nThe board must meet at least 4 times in each calendar year.\nThe chairperson—\nmay at any time convene a meeting; and\nmust convene a meeting when requested by 2 or more directors.\n(sec.27-ssec.1) Subject to subsections&#160;(2) and (3) , meetings of the board are to be held at such times and places as the board determines.\n(sec.27-ssec.2) The board must meet at least 4 times in each calendar year.\n(sec.27-ssec.3) The chairperson— may at any time convene a meeting; and must convene a meeting when requested by 2 or more directors.\n- (a) may at any time convene a meeting; and\n- (b) must convene a meeting when requested by 2 or more directors.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Presiding director","content":"### sec.28 Presiding director\n\nThe chairperson is to preside at all meetings at which the chairperson is present.\nIf the chairperson is not present at a meeting, a director (other than the executive director) chosen by the directors present at the meeting is to preside.\n(sec.28-ssec.1) The chairperson is to preside at all meetings at which the chairperson is present.\n(sec.28-ssec.2) If the chairperson is not present at a meeting, a director (other than the executive director) chosen by the directors present at the meeting is to preside.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Quorum and voting at meetings","content":"### sec.29 Quorum and voting at meetings\n\nAt a meeting of the board—\n4 directors (exclusive of the executive director) constitute a quorum; and\na question is to be decided by a majority of the votes of the directors present and voting; and\nthe director presiding has a deliberative vote and, if the votes are equal, also a casting vote.\ns&#160;29 amd 2006 No.&#160;11 s&#160;114\n- (a) 4 directors (exclusive of the executive director) constitute a quorum; and\n- (b) a question is to be decided by a majority of the votes of the directors present and voting; and\n- (c) the director presiding has a deliberative vote and, if the votes are equal, also a casting vote.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Conduct of meetings","content":"### sec.30 Conduct of meetings\n\nThe board may permit directors to participate in a particular meeting, or all meetings, by—\ntelephone; or\nclosed-circuit television; or\nany other means of communication.\nA director who participates in a meeting under a permission under subsection&#160;(1) is taken to be present at the meeting.\nThe board may invite a person to attend a meeting for the purpose of advising or informing it on any matter.\nThe board must keep minutes of its meetings.\n(sec.30-ssec.1) The board may permit directors to participate in a particular meeting, or all meetings, by— telephone; or closed-circuit television; or any other means of communication.\n(sec.30-ssec.2) A director who participates in a meeting under a permission under subsection&#160;(1) is taken to be present at the meeting.\n(sec.30-ssec.3) The board may invite a person to attend a meeting for the purpose of advising or informing it on any matter.\n(sec.30-ssec.4) The board must keep minutes of its meetings.\n- (a) telephone; or\n- (b) closed-circuit television; or\n- (c) any other means of communication.","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Disclosure of interests by directors","content":"### sec.31 Disclosure of interests by directors\n\nIf—\na director has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the director’s duties in relation to consideration of the matter;\nthe director must, as soon as practicable after the relevant facts come to the director’s knowledge, disclose the nature of the interest at a meeting of the board.\nThe disclosure must be recorded in the board’s minutes and, unless the board otherwise determines, the director must not—\nbe present during any deliberations of the board in respect of the matter; or\ntake part in any decision of the board in respect of the matter.\nA director who makes a disclosure must not—\nbe present at any deliberation by the board for the purpose of making a determination under subsection&#160;(2) ; or\ntake part in the making by the board of such a determination.\n(sec.31-ssec.1) If— a director has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the director’s duties in relation to consideration of the matter; the director must, as soon as practicable after the relevant facts come to the director’s knowledge, disclose the nature of the interest at a meeting of the board.\n(sec.31-ssec.2) The disclosure must be recorded in the board’s minutes and, unless the board otherwise determines, the director must not— be present during any deliberations of the board in respect of the matter; or take part in any decision of the board in respect of the matter.\n(sec.31-ssec.3) A director who makes a disclosure must not— be present at any deliberation by the board for the purpose of making a determination under subsection&#160;(2) ; or take part in the making by the board of such a determination.\n- (a) a director has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the director’s duties in relation to consideration of the matter;\n- (a) be present during any deliberations of the board in respect of the matter; or\n- (b) take part in any decision of the board in respect of the matter.\n- (a) be present at any deliberation by the board for the purpose of making a determination under subsection&#160;(2) ; or\n- (b) take part in the making by the board of such a determination.","sortOrder":37},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Provisions relating to staff","content":"## Provisions relating to staff","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Arrangements relating to staff","content":"### sec.32 Arrangements relating to staff\n\nThe authority may arrange with the chief executive of a department, or with an authority of the State, for the services of officers or employees of the department or authority to be made available to it.\nThe authority may arrange with the appropriate authority of the Commonwealth, another State or a Territory, or with an authority of the Commonwealth, another State or a Territory, for the services of officers or employees of the public service of the Commonwealth, State or Territory, or of the authority, to be made available to it.\nThe authority may arrange for the services of an employee of the authority to be made available to the Commonwealth, a State or Territory or to an authority of the Commonwealth, a State or Territory.\n(sec.32-ssec.1) The authority may arrange with the chief executive of a department, or with an authority of the State, for the services of officers or employees of the department or authority to be made available to it.\n(sec.32-ssec.2) The authority may arrange with the appropriate authority of the Commonwealth, another State or a Territory, or with an authority of the Commonwealth, another State or a Territory, for the services of officers or employees of the public service of the Commonwealth, State or Territory, or of the authority, to be made available to it.\n(sec.32-ssec.3) The authority may arrange for the services of an employee of the authority to be made available to the Commonwealth, a State or Territory or to an authority of the Commonwealth, a State or Territory.","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Authority’s officers and employees employed under Public Service Act","content":"### sec.33 Authority’s officers and employees employed under Public Service Act\n\nThe authority’s officers and employees are to be employed under the Public Sector Act 2022 .\ns&#160;33 sub 1996 No.&#160;37 s&#160;147 sch&#160;2 ; 2009 No.&#160;25 s&#160;83 sch\namd 2022 No.&#160;34 s&#160;365 sch&#160;3","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Protection from liability","content":"### sec.34 Protection from liability\n\nThis section applies to—\nan authorised officer; and\na person acting under the direction of an authorised officer.\nThe person does not incur civil liability for an act or omission done honestly and without negligence under, or for the purposes of, this Act.\nA liability that would, but for this section, attach to the person attaches instead to the authority.\nThis section does not apply to a person if the person is a prescribed person under the Public Sector Act 2022 , section&#160;267 .\ns&#160;34 amd 2014 No.&#160;59 s&#160;173 ; 2022 No.&#160;34 s&#160;365 sch&#160;3\n(sec.34-ssec.1) This section applies to— an authorised officer; and a person acting under the direction of an authorised officer.\n(sec.34-ssec.2) The person does not incur civil liability for an act or omission done honestly and without negligence under, or for the purposes of, this Act.\n(sec.34-ssec.3) A liability that would, but for this section, attach to the person attaches instead to the authority.\n(sec.34-ssec.4) This section does not apply to a person if the person is a prescribed person under the Public Sector Act 2022 , section&#160;267 .\n- (a) an authorised officer; and\n- (b) a person acting under the direction of an authorised officer.","sortOrder":41},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Delegation of authority’s powers","content":"### sec.35 Delegation of authority’s powers\n\nSubject to subsection&#160;(2) , the board may delegate the authority’s powers to—\nan advisory committee; or\na director; or\nan officer or employee of the authority; or\nthe chief executive of a department; or\nan officer of the public service; or\nthe chief executive officer or an employee of a local government.\nThe board may not delegate powers under any of the following provisions—\npart&#160;3 (Management plans);\nsection&#160;64 (Budget).\nA certificate signed by the chairperson stating any matter in relation to a delegation of a power under subsection&#160;(1) is evidence of the matter.\nA document purporting to be a certificate under subsection&#160;(3) is, unless the contrary is established, taken to be such a certificate and to have been properly given.\ns&#160;35 amd 1995 No.&#160;52 s&#160;18\n(sec.35-ssec.1) Subject to subsection&#160;(2) , the board may delegate the authority’s powers to— an advisory committee; or a director; or an officer or employee of the authority; or the chief executive of a department; or an officer of the public service; or the chief executive officer or an employee of a local government.\n(sec.35-ssec.2) The board may not delegate powers under any of the following provisions— part&#160;3 (Management plans); section&#160;64 (Budget).\n(sec.35-ssec.3) A certificate signed by the chairperson stating any matter in relation to a delegation of a power under subsection&#160;(1) is evidence of the matter.\n(sec.35-ssec.4) A document purporting to be a certificate under subsection&#160;(3) is, unless the contrary is established, taken to be such a certificate and to have been properly given.\n- (a) an advisory committee; or\n- (b) a director; or\n- (c) an officer or employee of the authority; or\n- (d) the chief executive of a department; or\n- (e) an officer of the public service; or\n- (f) the chief executive officer or an employee of a local government.\n- (a) part&#160;3 (Management plans);\n- (b) section&#160;64 (Budget).","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":"Delegation of the executive director’s powers","content":"### sec.36 Delegation of the executive director’s powers\n\nThe executive director may delegate the executive director’s powers to an officer of the authority.","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":"Authority’s seal","content":"### sec.37 Authority’s seal\n\nThe authority’s seal must be kept in such custody as the board directs and may be used only as authorised by the board.\nJudicial notice must be taken of the imprint of the authority’s seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved.\n(sec.37-ssec.1) The authority’s seal must be kept in such custody as the board directs and may be used only as authorised by the board.\n(sec.37-ssec.2) Judicial notice must be taken of the imprint of the authority’s seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved.","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"Judicial notice of certain signatures","content":"### sec.38 Judicial notice of certain signatures\n\nJudicial notice must be taken of—\nthe official signature of a person who is or has been chairperson or executive director; and\nthe fact that the person holds or has held the office concerned.\n- (a) the official signature of a person who is or has been chairperson or executive director; and\n- (b) the fact that the person holds or has held the office concerned.","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Authentication of documents","content":"### sec.39 Authentication of documents\n\nA document made by the authority (other than a document that is required to be sealed) is sufficiently made if it is signed by the chairperson or a person authorised by the board.","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Advisory committees","content":"### sec.40 Advisory committees\n\nFor the purposes of the administration of this Act, the authority—\nmust establish—\na scientific advisory committee; and\na community consultative committee; and\nmay establish as many other advisory committees as it considers appropriate.\nThe scientific advisory committee has the function of advising the authority on—\nscientific research that will contribute to the protection and conservation of the wet tropics area; and\nscientific developments relevant to the protection or conservation of the area.\nThe community consultative committee has the function of advising the authority on the views of the community on the authority’s policies and programs in relation to the wet tropics area.\nAn advisory committee established under subsection&#160;(1) (b) has the functions the authority specifies, including, for example, the function of advising the authority on—\nthe suitability of management plans; and\nmatters generally relating to the management of the wet tropics area, including its management having regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the area.\nA member of an advisory committee may be paid such remuneration and allowances as are determined by the Governor in Council.\n(sec.40-ssec.1) For the purposes of the administration of this Act, the authority— must establish— a scientific advisory committee; and a community consultative committee; and may establish as many other advisory committees as it considers appropriate.\n(sec.40-ssec.2) The scientific advisory committee has the function of advising the authority on— scientific research that will contribute to the protection and conservation of the wet tropics area; and scientific developments relevant to the protection or conservation of the area.\n(sec.40-ssec.3) The community consultative committee has the function of advising the authority on the views of the community on the authority’s policies and programs in relation to the wet tropics area.\n(sec.40-ssec.4) An advisory committee established under subsection&#160;(1) (b) has the functions the authority specifies, including, for example, the function of advising the authority on— the suitability of management plans; and matters generally relating to the management of the wet tropics area, including its management having regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the area.\n(sec.40-ssec.5) A member of an advisory committee may be paid such remuneration and allowances as are determined by the Governor in Council.\n- (a) must establish— (i) a scientific advisory committee; and (ii) a community consultative committee; and\n- (i) a scientific advisory committee; and\n- (ii) a community consultative committee; and\n- (b) may establish as many other advisory committees as it considers appropriate.\n- (i) a scientific advisory committee; and\n- (ii) a community consultative committee; and\n- (a) scientific research that will contribute to the protection and conservation of the wet tropics area; and\n- (b) scientific developments relevant to the protection or conservation of the area.\n- (a) the suitability of management plans; and\n- (b) matters generally relating to the management of the wet tropics area, including its management having regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the area.","sortOrder":48},{"sectionNumber":"pt.3","sectionType":"part","heading":"Management plans","content":"# Management plans","sortOrder":49},{"sectionNumber":"sec.41","sectionType":"section","heading":"Preparation of plans by authority","content":"### sec.41 Preparation of plans by authority\n\nThe authority must prepare a management plan for the wet tropics area as soon as practicable after the commencement of this part.\nThe authority may prepare such other management plans for the wet tropics area, or any part of the area, as the authority considers appropriate.\nA management plan may divide the area in respect of which it is made into management zones.\nA management plan may make provision for any matter for which a regulation may be made under this Act, including, for example—\nprescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and\nexempting and prescribing acts for section&#160;56 (3) , definition prohibited act .\nAlso, a management plan may make provision for any matter relating to cooperative management agreements entered into, or proposed to be entered into, by the authority, for the purposes of the management plan.\nWithout limiting subsection&#160;(5) , a management plan may—\nimpose requirements about—\nentering into a cooperative management agreement for the purposes of the management plan; or\nthe content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or\na requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies\nprovide for a cooperative management agreement mentioned in paragraph&#160;(a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following—\na party to the agreement;\nland that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.\nTo remove any doubt, it is declared that subsection&#160;(5) does not prevent the authority from entering into a cooperative management agreement other than for the purposes of a management plan.\ns&#160;41 amd 1995 No.&#160;40 s&#160;27 ; 2012 No.&#160;25 s&#160;195 sch; 2023 No.&#160;6 s&#160;139\n(sec.41-ssec.1) The authority must prepare a management plan for the wet tropics area as soon as practicable after the commencement of this part.\n(sec.41-ssec.2) The authority may prepare such other management plans for the wet tropics area, or any part of the area, as the authority considers appropriate.\n(sec.41-ssec.3) A management plan may divide the area in respect of which it is made into management zones.\n(sec.41-ssec.4) A management plan may make provision for any matter for which a regulation may be made under this Act, including, for example— prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and exempting and prescribing acts for section&#160;56 (3) , definition prohibited act .\n(sec.41-ssec.5) Also, a management plan may make provision for any matter relating to cooperative management agreements entered into, or proposed to be entered into, by the authority, for the purposes of the management plan.\n(sec.41-ssec.6) Without limiting subsection&#160;(5) , a management plan may— impose requirements about— entering into a cooperative management agreement for the purposes of the management plan; or the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies provide for a cooperative management agreement mentioned in paragraph&#160;(a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following— a party to the agreement; land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.\n(sec.41-ssec.7) To remove any doubt, it is declared that subsection&#160;(5) does not prevent the authority from entering into a cooperative management agreement other than for the purposes of a management plan.\n- (a) prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and\n- (b) exempting and prescribing acts for section&#160;56 (3) , definition prohibited act .\n- (a) impose requirements about— (i) entering into a cooperative management agreement for the purposes of the management plan; or (ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or Example of a requirement for subparagraph&#160;(ii) — a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies\n- (i) entering into a cooperative management agreement for the purposes of the management plan; or\n- (ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or Example of a requirement for subparagraph&#160;(ii) — a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies\n- (b) provide for a cooperative management agreement mentioned in paragraph&#160;(a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following— (i) a party to the agreement; (ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.\n- (i) a party to the agreement;\n- (ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.\n- (i) entering into a cooperative management agreement for the purposes of the management plan; or\n- (ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or Example of a requirement for subparagraph&#160;(ii) — a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies\n- (i) a party to the agreement;\n- (ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Notice of proposal to prepare draft plan","content":"### sec.42 Notice of proposal to prepare draft plan\n\nThe authority must give public notice that the authority proposes to prepare a draft management plan.\nThe notice must—\nbe published in—\na newspaper circulating throughout Queensland; and\nsuch other newspapers as the authority determines; and\nspecify the area concerned; and\ninvite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and\nspecify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph&#160;(a) (i) ) by which submissions may be made to the authority.\n(sec.42-ssec.1) The authority must give public notice that the authority proposes to prepare a draft management plan.\n(sec.42-ssec.2) The notice must— be published in— a newspaper circulating throughout Queensland; and such other newspapers as the authority determines; and specify the area concerned; and invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph&#160;(a) (i) ) by which submissions may be made to the authority.\n- (a) be published in— (i) a newspaper circulating throughout Queensland; and (ii) such other newspapers as the authority determines; and\n- (i) a newspaper circulating throughout Queensland; and\n- (ii) such other newspapers as the authority determines; and\n- (b) specify the area concerned; and\n- (c) invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and\n- (d) specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph&#160;(a) (i) ) by which submissions may be made to the authority.\n- (i) a newspaper circulating throughout Queensland; and\n- (ii) such other newspapers as the authority determines; and","sortOrder":51},{"sectionNumber":"sec.43","sectionType":"section","heading":"Preparation of draft plan","content":"### sec.43 Preparation of draft plan\n\nWhen preparing a draft management plan, the authority must consider all submissions properly made to the authority.","sortOrder":52},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notice of preparation of draft plan","content":"### sec.44 Notice of preparation of draft plan\n\nThe authority must give public notice when a draft management plan has been prepared.\nThe notice must—\nbe published in—\na newspaper circulating throughout Queensland; and\nsuch other newspapers as the authority determines; and\nspecify the area concerned; and\nspecify the addresses at which copies of the draft plan may be inspected and, on payment of the prescribed fee, purchased; and\ninvite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and\nspecify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph&#160;(a) (i) ) by which submissions may be made to the authority.\n(sec.44-ssec.1) The authority must give public notice when a draft management plan has been prepared.\n(sec.44-ssec.2) The notice must— be published in— a newspaper circulating throughout Queensland; and such other newspapers as the authority determines; and specify the area concerned; and specify the addresses at which copies of the draft plan may be inspected and, on payment of the prescribed fee, purchased; and invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph&#160;(a) (i) ) by which submissions may be made to the authority.\n- (a) be published in— (i) a newspaper circulating throughout Queensland; and (ii) such other newspapers as the authority determines; and\n- (i) a newspaper circulating throughout Queensland; and\n- (ii) such other newspapers as the authority determines; and\n- (b) specify the area concerned; and\n- (c) specify the addresses at which copies of the draft plan may be inspected and, on payment of the prescribed fee, purchased; and\n- (d) invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and\n- (e) specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph&#160;(a) (i) ) by which submissions may be made to the authority.\n- (i) a newspaper circulating throughout Queensland; and\n- (ii) such other newspapers as the authority determines; and","sortOrder":53},{"sectionNumber":"sec.45","sectionType":"section","heading":"Preparation of final plan","content":"### sec.45 Preparation of final plan\n\nWhen preparing a final management plan, the authority must consider all submissions properly made to the authority.","sortOrder":54},{"sectionNumber":"sec.46","sectionType":"section","heading":"Submission of final plan etc.","content":"### sec.46 Submission of final plan etc.\n\nOn preparation of a final management plan, the authority must give—\na copy of the plan; and\na report on the submissions properly made to it in relation to the draft management plan;\nto the State Minister and the Commonwealth Minister.\ns&#160;46 amd 2022 No.&#160;21 s&#160;59\n- (a) a copy of the plan; and\n- (b) a report on the submissions properly made to it in relation to the draft management plan;","sortOrder":55},{"sectionNumber":"sec.47","sectionType":"section","heading":"Approval of final plan","content":"### sec.47 Approval of final plan\n\nA final management plan does not have effect until approved by the Governor in Council.\nAn approval under subsection&#160;(1) may be made only on the recommendation of the State Minister and the Commonwealth Minister.\nA final management plan is subordinate legislation.\nThe authority must—\nkeep the approved plan open for inspection by members of the public during office hours on business days at—\nthe authority’s office; and\nsuch other places as the authority considers appropriate; and\non payment of the prescribed fee by a person, give a copy of the approved plan to the person.\ns&#160;47 amd 1995 No.&#160;40 s&#160;28 ; 2022 No.&#160;21 s&#160;60\n(sec.47-ssec.1) A final management plan does not have effect until approved by the Governor in Council.\n(sec.47-ssec.2) An approval under subsection&#160;(1) may be made only on the recommendation of the State Minister and the Commonwealth Minister.\n(sec.47-ssec.3) A final management plan is subordinate legislation.\n(sec.47-ssec.4) The authority must— keep the approved plan open for inspection by members of the public during office hours on business days at— the authority’s office; and such other places as the authority considers appropriate; and on payment of the prescribed fee by a person, give a copy of the approved plan to the person.\n- (a) keep the approved plan open for inspection by members of the public during office hours on business days at— (i) the authority’s office; and (ii) such other places as the authority considers appropriate; and\n- (i) the authority’s office; and\n- (ii) such other places as the authority considers appropriate; and\n- (b) on payment of the prescribed fee by a person, give a copy of the approved plan to the person.\n- (i) the authority’s office; and\n- (ii) such other places as the authority considers appropriate; and","sortOrder":56},{"sectionNumber":"sec.48","sectionType":"section","heading":"Compliance with plan","content":"### sec.48 Compliance with plan\n\ns&#160;48 om 1995 No.&#160;40 s&#160;29","sortOrder":57},{"sectionNumber":"sec.49","sectionType":"section","heading":"Plans prevail over planning schemes","content":"### sec.49 Plans prevail over planning schemes\n\nIf there is any inconsistency between a management plan and a planning scheme (whether made before or after the plan), the plan prevails over the planning scheme to the extent of the inconsistency.","sortOrder":58},{"sectionNumber":"sec.50","sectionType":"section","heading":"Local authorities’ decisions to be consistent with management plans","content":"### sec.50 Local authorities’ decisions to be consistent with management plans\n\nA local authority must not issue or give any approval, consent, permit or other authority, in relation to a development on land in the wet tropics area, that is inconsistent with a management plan.","sortOrder":59},{"sectionNumber":"sec.51","sectionType":"section","heading":"Inconsistency between management plan and nature conservation instrument","content":"### sec.51 Inconsistency between management plan and nature conservation instrument\n\nIf there is any inconsistency between a management plan and a nature conservation instrument in relation to an area, the State Minister must determine, by written notice, whether the management plan or the nature conservation instrument is to prevail to the extent of the inconsistency.\nIn making the determination, the State Minister must have regard to the following matters—\nthe protection of the area’s natural heritage;\nthe protection of the biological diversity of the area’s native wildlife and its habitat;\nany other aspects of the public interest that the Minister considers relevant (including financial considerations).\nSubsection&#160;(2) does not limit the matters to which the State Minister may have regard in making the determination.\nTo remove any doubt, subsection&#160;(1) does not affect any rights that Aboriginal people have in relation to native wildlife under another Act.\nA notice under subsection&#160;(1) is subordinate legislation.\nIn this section—\nnature conservation instrument means any of the following under the Nature Conservation Act 1992 —\na conservation plan;\na management plan;\na management program;\na management statement.\ns&#160;51 amd 2022 No.&#160;21 s&#160;64 s ch&#160;1 pt&#160;2 ; 2023 No.&#160;6 s&#160;140\n(sec.51-ssec.1) If there is any inconsistency between a management plan and a nature conservation instrument in relation to an area, the State Minister must determine, by written notice, whether the management plan or the nature conservation instrument is to prevail to the extent of the inconsistency.\n(sec.51-ssec.2) In making the determination, the State Minister must have regard to the following matters— the protection of the area’s natural heritage; the protection of the biological diversity of the area’s native wildlife and its habitat; any other aspects of the public interest that the Minister considers relevant (including financial considerations).\n(sec.51-ssec.3) Subsection&#160;(2) does not limit the matters to which the State Minister may have regard in making the determination.\n(sec.51-ssec.4) To remove any doubt, subsection&#160;(1) does not affect any rights that Aboriginal people have in relation to native wildlife under another Act.\n(sec.51-ssec.5) A notice under subsection&#160;(1) is subordinate legislation.\n(sec.51-ssec.6) In this section— nature conservation instrument means any of the following under the Nature Conservation Act 1992 — a conservation plan; a management plan; a management program; a management statement.\n- (a) the protection of the area’s natural heritage;\n- (b) the protection of the biological diversity of the area’s native wildlife and its habitat;\n- (c) any other aspects of the public interest that the Minister considers relevant (including financial considerations).\n- (a) a conservation plan;\n- (b) a management plan;\n- (c) a management program;\n- (d) a management statement.","sortOrder":60},{"sectionNumber":"sec.52","sectionType":"section","heading":"Amendment of plans","content":"### sec.52 Amendment of plans\n\nThe Governor in Council may approve the amendment of a management plan by a subsequent management plan only if the procedures applying to the preparation and approval of plans under this part (other than sections&#160;42 (Notice of proposal to prepare draft plan) and 43 (Preparation of draft plan)) are followed.\nHowever, the procedures mentioned in subsection&#160;(1) are not required to be followed in relation to the amendment of a management plan to—\ncorrect an error in the plan; or\nreflect an amendment of this Act in the plan; or\nmake another change to the plan that is not a change of substance; or\nif the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type.\ns&#160;52 amd 1995 No.&#160;40 s&#160;30 ; 2022 No.&#160;21 s&#160;50\n(sec.52-ssec.1) The Governor in Council may approve the amendment of a management plan by a subsequent management plan only if the procedures applying to the preparation and approval of plans under this part (other than sections&#160;42 (Notice of proposal to prepare draft plan) and 43 (Preparation of draft plan)) are followed.\n(sec.52-ssec.2) However, the procedures mentioned in subsection&#160;(1) are not required to be followed in relation to the amendment of a management plan to— correct an error in the plan; or reflect an amendment of this Act in the plan; or make another change to the plan that is not a change of substance; or if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type.\n- (a) correct an error in the plan; or\n- (b) reflect an amendment of this Act in the plan; or\n- (c) make another change to the plan that is not a change of substance; or\n- (d) if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type.","sortOrder":61},{"sectionNumber":"sec.53","sectionType":"section","heading":"Review of plans","content":"### sec.53 Review of plans\n\nThe authority must review the operation of each management plan—\nno later than 10 years after its approval; and\nbefore the end of each subsequent period of 10 years after its approval.\nThe procedures applying to the preparation and approval of plans under this part apply to the review of plans with any necessary modifications and any modifications prescribed by regulation.\ns&#160;53 amd 2005 No.&#160;53 s&#160;156\n(sec.53-ssec.1) The authority must review the operation of each management plan— no later than 10 years after its approval; and before the end of each subsequent period of 10 years after its approval.\n(sec.53-ssec.2) The procedures applying to the preparation and approval of plans under this part apply to the review of plans with any necessary modifications and any modifications prescribed by regulation.\n- (a) no later than 10 years after its approval; and\n- (b) before the end of each subsequent period of 10 years after its approval.","sortOrder":62},{"sectionNumber":"sec.54","sectionType":"section","heading":"Compensation","content":"### sec.54 Compensation\n\nSubject to subsections&#160;(2) and (3) , if a land-holder’s interest in land is injuriously affected by a restriction or prohibition imposed under a management plan on the land-holder’s existing use of the land, the land-holder is entitled to be paid by the authority such reasonable compensation because of the restriction or prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.\nThe land-holder’s interest in the land is not injuriously affected if the restriction or prohibition under the management plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the plan.\nCompensation is not payable if compensation has already been paid in respect of—\nthe restriction or prohibition; or\na restriction or prohibition to the same effect.\nA claim for compensation must be lodged with the authority within 6 months after the approval of the management plan or such longer period as the authority or the Land Court in special circumstances allows.\nIn making a determination, the Land Court must have regard to the following matters—\nthe capacity of the land to sustain the use;\nany change in the value of the land because of the approval of the management plan;\nany change in the profitability of the land because of the approval of the plan;\nany cooperative management agreement with the land-holder.\nSubsection&#160;(5) does not limit the matters to which the Land Court may have regard in making a determination.\nIn this section—\nexisting use of land means a lawful use made, or a use that could lawfully be made as of right, of the land immediately before the commencement of the management plan that restricts or prohibits the use.\nland-holder includes a person having an interest in land.\n(sec.54-ssec.1) Subject to subsections&#160;(2) and (3) , if a land-holder’s interest in land is injuriously affected by a restriction or prohibition imposed under a management plan on the land-holder’s existing use of the land, the land-holder is entitled to be paid by the authority such reasonable compensation because of the restriction or prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.\n(sec.54-ssec.2) The land-holder’s interest in the land is not injuriously affected if the restriction or prohibition under the management plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the plan.\n(sec.54-ssec.3) Compensation is not payable if compensation has already been paid in respect of— the restriction or prohibition; or a restriction or prohibition to the same effect.\n(sec.54-ssec.4) A claim for compensation must be lodged with the authority within 6 months after the approval of the management plan or such longer period as the authority or the Land Court in special circumstances allows.\n(sec.54-ssec.5) In making a determination, the Land Court must have regard to the following matters— the capacity of the land to sustain the use; any change in the value of the land because of the approval of the management plan; any change in the profitability of the land because of the approval of the plan; any cooperative management agreement with the land-holder.\n(sec.54-ssec.6) Subsection&#160;(5) does not limit the matters to which the Land Court may have regard in making a determination.\n(sec.54-ssec.7) In this section— existing use of land means a lawful use made, or a use that could lawfully be made as of right, of the land immediately before the commencement of the management plan that restricts or prohibits the use. land-holder includes a person having an interest in land.\n- (a) the restriction or prohibition; or\n- (b) a restriction or prohibition to the same effect.\n- (a) the capacity of the land to sustain the use;\n- (b) any change in the value of the land because of the approval of the management plan;\n- (c) any change in the profitability of the land because of the approval of the plan;\n- (d) any cooperative management agreement with the land-holder.","sortOrder":63},{"sectionNumber":"pt.4","sectionType":"part","heading":"Prohibited practices","content":"# Prohibited practices","sortOrder":64},{"sectionNumber":"sec.55","sectionType":"section","heading":"Use of prohibited words","content":"### sec.55 Use of prohibited words\n\nA person must not, without the prior written consent of the authority, use prohibited words in connection with a business, trade, profession or occupation.\nA person must not use words in relation to an area that is not part of the wet tropics area in a way that is likely to cause another person to reasonably believe that the area is part of the wet tropics area.\nIn this section—\nprohibited words means—\n‘Wet Tropics of Queensland World Heritage’; or\n‘Wet Tropics World Heritage Area’; or\nany other words prescribed by regulation.\n(sec.55-ssec.1) A person must not, without the prior written consent of the authority, use prohibited words in connection with a business, trade, profession or occupation.\n(sec.55-ssec.2) A person must not use words in relation to an area that is not part of the wet tropics area in a way that is likely to cause another person to reasonably believe that the area is part of the wet tropics area.\n(sec.55-ssec.3) In this section— prohibited words means— ‘Wet Tropics of Queensland World Heritage’; or ‘Wet Tropics World Heritage Area’; or any other words prescribed by regulation.\n- (a) ‘Wet Tropics of Queensland World Heritage’; or\n- (b) ‘Wet Tropics World Heritage Area’; or\n- (c) any other words prescribed by regulation.","sortOrder":65},{"sectionNumber":"sec.56","sectionType":"section","heading":"Prohibited acts","content":"### sec.56 Prohibited acts\n\nA person must not do, or attempt to do, a prohibited act in relation to land within the Wet Tropics Area, unless the person is the holder of a licence, permit or other authority—\nissued or given by the Authority under a regulation; or\nissued or given by the Governor in Council under another Act.\nMaximum penalty—3,000 penalty units, imprisonment for 2 years or both.\nTo remove any doubt, subsection&#160;(1) does not affect any rights that Aboriginal people have in relation to forest products under another law.\nIn this section—\nprohibited act means—\nin relation to a forestry operation—\ndestroying a forest product; or\nconstructing or establishing a road or vehicular track; or\ncarrying out any excavation works; or\ndestroying a forest product, unless exempted under a regulation; or\nanother act prescribed by regulation to be a prohibited act.\ns&#160;56 amd 2023 No.&#160;6 s&#160;141\n(sec.56-ssec.1) A person must not do, or attempt to do, a prohibited act in relation to land within the Wet Tropics Area, unless the person is the holder of a licence, permit or other authority— issued or given by the Authority under a regulation; or issued or given by the Governor in Council under another Act. Maximum penalty—3,000 penalty units, imprisonment for 2 years or both.\n(sec.56-ssec.2) To remove any doubt, subsection&#160;(1) does not affect any rights that Aboriginal people have in relation to forest products under another law.\n(sec.56-ssec.3) In this section— prohibited act means— in relation to a forestry operation— destroying a forest product; or constructing or establishing a road or vehicular track; or carrying out any excavation works; or destroying a forest product, unless exempted under a regulation; or another act prescribed by regulation to be a prohibited act.\n- (a) issued or given by the Authority under a regulation; or\n- (b) issued or given by the Governor in Council under another Act.\n- (a) in relation to a forestry operation— (i) destroying a forest product; or (ii) constructing or establishing a road or vehicular track; or (iii) carrying out any excavation works; or\n- (i) destroying a forest product; or\n- (ii) constructing or establishing a road or vehicular track; or\n- (iii) carrying out any excavation works; or\n- (b) destroying a forest product, unless exempted under a regulation; or\n- (c) another act prescribed by regulation to be a prohibited act.\n- (i) destroying a forest product; or\n- (ii) constructing or establishing a road or vehicular track; or\n- (iii) carrying out any excavation works; or","sortOrder":66},{"sectionNumber":"sec.57","sectionType":"section","heading":"Compensation","content":"### sec.57 Compensation\n\nSubject to subsections&#160;(2) and (3) , if a land-holder’s interest in land is injuriously affected by a prohibition under section&#160;56 , the land-holder is entitled to be paid by the authority such reasonable compensation because of the prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.\nCompensation is payable only if the prohibition is a prohibited act merely because of paragraph&#160;(b) or (c) of the definition prohibited act in section&#160;56 .\nCompensation is not payable if compensation has already been paid in respect of—\nthe prohibition; or\na similar prohibition.\nA claim for compensation must be lodged with the authority within 6 months after the prohibition starts or such longer period as the authority or Land Court in special circumstances allows.\nIn making a determination, the Land Court must have regard to the following matters—\nthe capacity of the land to sustain the prohibited act;\nany change in the value of the land because of the prohibition;\nany change in the profitability of the land because of the prohibition;\nany cooperative management agreement with the land-holder.\nSubsection&#160;(5) does not limit the matters to which the Land Court may have regard in making a determination.\nIn this section—\nland-holder includes a person having an interest in land.\n(sec.57-ssec.1) Subject to subsections&#160;(2) and (3) , if a land-holder’s interest in land is injuriously affected by a prohibition under section&#160;56 , the land-holder is entitled to be paid by the authority such reasonable compensation because of the prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.\n(sec.57-ssec.2) Compensation is payable only if the prohibition is a prohibited act merely because of paragraph&#160;(b) or (c) of the definition prohibited act in section&#160;56 .\n(sec.57-ssec.3) Compensation is not payable if compensation has already been paid in respect of— the prohibition; or a similar prohibition.\n(sec.57-ssec.4) A claim for compensation must be lodged with the authority within 6 months after the prohibition starts or such longer period as the authority or Land Court in special circumstances allows.\n(sec.57-ssec.5) In making a determination, the Land Court must have regard to the following matters— the capacity of the land to sustain the prohibited act; any change in the value of the land because of the prohibition; any change in the profitability of the land because of the prohibition; any cooperative management agreement with the land-holder.\n(sec.57-ssec.6) Subsection&#160;(5) does not limit the matters to which the Land Court may have regard in making a determination.\n(sec.57-ssec.7) In this section— land-holder includes a person having an interest in land.\n- (a) the prohibition; or\n- (b) a similar prohibition.\n- (a) the capacity of the land to sustain the prohibited act;\n- (b) any change in the value of the land because of the prohibition;\n- (c) any change in the profitability of the land because of the prohibition;\n- (d) any cooperative management agreement with the land-holder.","sortOrder":67},{"sectionNumber":"pt.5","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":68},{"sectionNumber":"sec.58","sectionType":"section","heading":"Appointment, and terms of appointment, of authorised officers","content":"### sec.58 Appointment, and terms of appointment, of authorised officers\n\nThe State Minister may appoint any of the following persons to be authorised officers—\nan officer or employee of the authority;\nan officer of the public service;\nan employee of the department;\nwith the person’s consent, another person.\nThe State Minister may appoint a person to be an authorised officer only if—\nin the Minister’s opinion, the person has the necessary expertise or experience to be an authorised officer; or\nthe person has satisfactorily completed an appropriate course of training approved by the Minister.\nAn authorised officer appointed under subsection&#160;(1) (a) , (b) or (c) holds office subject to the conditions specified in the instrument of appointment.\nAn authorised officer appointed under subsection&#160;(1) (d) —\nholds office for the period, and on the conditions, specified in the instrument of appointment; and\nmay resign by signed notice given to the State Minister.\nAn authorised officer ceases to hold office—\nif the officer was appointed under subsection&#160;(1) (a) —if the officer ceases to be an officer or employee of the authority; or\nif the officer was appointed under subsection(1)(b)—if the officer ceases to be an officer of the public service; or\nif the officer was appointed under subsection&#160;(1) (c) —if the officer ceases to be an employee of the department; or\nif the officer was appointed under subsection&#160;(1) (d) —if the officer resigns, or is removed from, office.\ns&#160;58 amd 2022 No.&#160;21 s&#160;64 s ch&#160;1 pt&#160;2\n(sec.58-ssec.1) The State Minister may appoint any of the following persons to be authorised officers— an officer or employee of the authority; an officer of the public service; an employee of the department; with the person’s consent, another person.\n(sec.58-ssec.2) The State Minister may appoint a person to be an authorised officer only if— in the Minister’s opinion, the person has the necessary expertise or experience to be an authorised officer; or the person has satisfactorily completed an appropriate course of training approved by the Minister.\n(sec.58-ssec.3) An authorised officer appointed under subsection&#160;(1) (a) , (b) or (c) holds office subject to the conditions specified in the instrument of appointment.\n(sec.58-ssec.4) An authorised officer appointed under subsection&#160;(1) (d) — holds office for the period, and on the conditions, specified in the instrument of appointment; and may resign by signed notice given to the State Minister.\n(sec.58-ssec.5) An authorised officer ceases to hold office— if the officer was appointed under subsection&#160;(1) (a) —if the officer ceases to be an officer or employee of the authority; or if the officer was appointed under subsection(1)(b)—if the officer ceases to be an officer of the public service; or if the officer was appointed under subsection&#160;(1) (c) —if the officer ceases to be an employee of the department; or if the officer was appointed under subsection&#160;(1) (d) —if the officer resigns, or is removed from, office.\n- (a) an officer or employee of the authority;\n- (b) an officer of the public service;\n- (c) an employee of the department;\n- (d) with the person’s consent, another person.\n- (a) in the Minister’s opinion, the person has the necessary expertise or experience to be an authorised officer; or\n- (b) the person has satisfactorily completed an appropriate course of training approved by the Minister.\n- (a) holds office for the period, and on the conditions, specified in the instrument of appointment; and\n- (b) may resign by signed notice given to the State Minister.\n- (a) if the officer was appointed under subsection&#160;(1) (a) —if the officer ceases to be an officer or employee of the authority; or\n- (b) if the officer was appointed under subsection(1)(b)—if the officer ceases to be an officer of the public service; or\n- (c) if the officer was appointed under subsection&#160;(1) (c) —if the officer ceases to be an employee of the department; or\n- (d) if the officer was appointed under subsection&#160;(1) (d) —if the officer resigns, or is removed from, office.","sortOrder":69},{"sectionNumber":"sec.59","sectionType":"section","heading":"Powers of authorised officers","content":"### sec.59 Powers of authorised officers\n\nAn authorised officer appointed under section&#160;58 (1) (a) , (b) or (c) has, in relation to the wet tropics area—\nthe powers given under this or another Act; and\nsuch other powers as may be prescribed by regulation.\nAn authorised officer appointed under section&#160;58 (1) (d) has, in relation to the wet tropics area—\nthe powers of an authorised officer under section&#160;74 ; and\nsuch other powers as may be prescribed by regulation.\n(sec.59-ssec.1) An authorised officer appointed under section&#160;58 (1) (a) , (b) or (c) has, in relation to the wet tropics area— the powers given under this or another Act; and such other powers as may be prescribed by regulation.\n(sec.59-ssec.2) An authorised officer appointed under section&#160;58 (1) (d) has, in relation to the wet tropics area— the powers of an authorised officer under section&#160;74 ; and such other powers as may be prescribed by regulation.\n- (a) the powers given under this or another Act; and\n- (b) such other powers as may be prescribed by regulation.\n- (a) the powers of an authorised officer under section&#160;74 ; and\n- (b) such other powers as may be prescribed by regulation.","sortOrder":70},{"sectionNumber":"sec.60","sectionType":"section","heading":"Conservation officers to be authorised officers","content":"### sec.60 Conservation officers to be authorised officers\n\nAll conservation officers under the Nature Conservation Act 1992 are, by virtue of their office, authorised officers, and have the same powers as authorised officers appointed under section&#160;58 (1) (a) .","sortOrder":71},{"sectionNumber":"sec.61","sectionType":"section","heading":"Identity cards","content":"### sec.61 Identity cards\n\nThe State Minister must issue an identity card to each authorised officer other than an authorised officer of a prescribed class.\nThe identity card must—\ncontain a recent photograph of the authorised officer; and\nbe in a form approved by the State Minister; and\nbe signed by the officer.\nA person who ceases to be an authorised officer must not, without reasonable excuse, fail to return the person’s identity card to the authority as soon as practicable after ceasing to be an authorised officer.\nMaximum penalty for subsection&#160;(3) —50 penalty units.\ns&#160;61 amd 2022 No.&#160;21 s&#160;64 s ch&#160;1 pt&#160;2\n(sec.61-ssec.1) The State Minister must issue an identity card to each authorised officer other than an authorised officer of a prescribed class.\n(sec.61-ssec.2) The identity card must— contain a recent photograph of the authorised officer; and be in a form approved by the State Minister; and be signed by the officer.\n(sec.61-ssec.3) A person who ceases to be an authorised officer must not, without reasonable excuse, fail to return the person’s identity card to the authority as soon as practicable after ceasing to be an authorised officer. Maximum penalty for subsection&#160;(3) —50 penalty units.\n- (a) contain a recent photograph of the authorised officer; and\n- (b) be in a form approved by the State Minister; and\n- (c) be signed by the officer.","sortOrder":72},{"sectionNumber":"sec.62","sectionType":"section","heading":"Proof of authority","content":"### sec.62 Proof of authority\n\nAn authorised officer may exercise a power in relation to a person only if the officer first produces his or her identity card for inspection by the person.","sortOrder":73},{"sectionNumber":"sec.63","sectionType":"section","heading":"Annual report","content":"### sec.63 Annual report\n\nThe authority must, within 3 months after the end of each financial year, give to the State Minister and the Commonwealth a report on—\nthe administration of this Act during the year; and\nfinancial statements for the year; and\nthe state of the wet tropics area.\nThe State Minister must lay a copy of the report before the Legislative Assembly within 14 sitting days after its receipt by the Minister.\ns&#160;63 amd 2022 No.&#160;21 s&#160;64 s ch&#160;1 pt&#160;2\n(sec.63-ssec.1) The authority must, within 3 months after the end of each financial year, give to the State Minister and the Commonwealth a report on— the administration of this Act during the year; and financial statements for the year; and the state of the wet tropics area.\n(sec.63-ssec.2) The State Minister must lay a copy of the report before the Legislative Assembly within 14 sitting days after its receipt by the Minister.\n- (a) the administration of this Act during the year; and\n- (b) financial statements for the year; and\n- (c) the state of the wet tropics area.","sortOrder":74},{"sectionNumber":"sec.64","sectionType":"section","heading":"Budget","content":"### sec.64 Budget\n\nThe authority must prepare a draft budget for each financial year showing—\nestimates of receipts and expenditure for the year; and\nthe purposes of estimated expenditure.\nThe authority must submit the draft budget to the State Minister and the Commonwealth Minister for approval within the time, and in the form, required by the Ministers.\nThe State Minister and the Commonwealth Minister must approve the draft budget (with or without modifications) within 60 days after the draft budget is submitted under subsection&#160;(2) .\nIf the State Minister or the Commonwealth Minister does not approve the authority’s draft budget for a financial year under subsection&#160;(3) , the draft budget submitted by the authority is taken to be approved by the State Minister and the Commonwealth Minister.\nSubject to any financial agreement between the State and the Commonwealth, the authority must observe the budget approved under subsection&#160;(3) or (4) .\ns&#160;64 amd 2022 No.&#160;21 s&#160;61\n(sec.64-ssec.1) The authority must prepare a draft budget for each financial year showing— estimates of receipts and expenditure for the year; and the purposes of estimated expenditure.\n(sec.64-ssec.2) The authority must submit the draft budget to the State Minister and the Commonwealth Minister for approval within the time, and in the form, required by the Ministers.\n(sec.64-ssec.3) The State Minister and the Commonwealth Minister must approve the draft budget (with or without modifications) within 60 days after the draft budget is submitted under subsection&#160;(2) .\n(sec.64-ssec.4) If the State Minister or the Commonwealth Minister does not approve the authority’s draft budget for a financial year under subsection&#160;(3) , the draft budget submitted by the authority is taken to be approved by the State Minister and the Commonwealth Minister.\n(sec.64-ssec.5) Subject to any financial agreement between the State and the Commonwealth, the authority must observe the budget approved under subsection&#160;(3) or (4) .\n- (a) estimates of receipts and expenditure for the year; and\n- (b) the purposes of estimated expenditure.","sortOrder":75},{"sectionNumber":"sec.65","sectionType":"section","heading":"Delegation by Minister","content":"### sec.65 Delegation by Minister\n\nThe State Minister may delegate to an officer of the public service the Minister’s powers under this Act.\ns&#160;65 amd 2022 No.&#160;21 s&#160;64 s ch&#160;1 pt&#160;2","sortOrder":76},{"sectionNumber":"sec.66","sectionType":"section","heading":"Records to be maintained by registrar","content":"### sec.66 Records to be maintained by registrar\n\nThe registrar must maintain records in relation to private land within the wet tropics area.\nThe records must show—\nthat the private land is subject to the prohibitions under section&#160;56 ; and\nin relation to private land that is subject to a management plan—that the land is subject to the management plan.\nThe registrar must maintain the records in such a way that a search of the register maintained by the registrar under any Act relating to the private land will show that the land is subject to—\nthe prohibitions; and\nif subsection&#160;(2) (b) applies—the management plan.\nThe registrar must, within 14 days after—\nthe repeal of a management plan over private land; or\nthe removal of private land from the operation of a management plan;\nremove the particulars of the land from the registrar’s records.\n(sec.66-ssec.1) The registrar must maintain records in relation to private land within the wet tropics area.\n(sec.66-ssec.2) The records must show— that the private land is subject to the prohibitions under section&#160;56 ; and in relation to private land that is subject to a management plan—that the land is subject to the management plan.\n(sec.66-ssec.3) The registrar must maintain the records in such a way that a search of the register maintained by the registrar under any Act relating to the private land will show that the land is subject to— the prohibitions; and if subsection&#160;(2) (b) applies—the management plan.\n(sec.66-ssec.4) The registrar must, within 14 days after— the repeal of a management plan over private land; or the removal of private land from the operation of a management plan; remove the particulars of the land from the registrar’s records.\n- (a) that the private land is subject to the prohibitions under section&#160;56 ; and\n- (b) in relation to private land that is subject to a management plan—that the land is subject to the management plan.\n- (a) the prohibitions; and\n- (b) if subsection&#160;(2) (b) applies—the management plan.\n- (a) the repeal of a management plan over private land; or\n- (b) the removal of private land from the operation of a management plan;","sortOrder":77},{"sectionNumber":"pt.6","sectionType":"part","heading":"Investigation and enforcement","content":"# Investigation and enforcement","sortOrder":78},{"sectionNumber":"sec.67","sectionType":"section","heading":"Power to stop and search vehicles etc.","content":"### sec.67 Power to stop and search vehicles etc.\n\nIn this section—\nperson in control of a vehicle includes—\nthe driver of the vehicle; and\nthe person in command of the vehicle; and\nthe person who appears to be in control or command of the vehicle.\nvehicle includes a boat or an aircraft.\nThis section applies if an authorised officer suspects on reasonable grounds that—\na vehicle is being, or has been, used in the commission of an offence against this Act; or\na vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act.\nThe authorised officer may, with such assistance and by such force as is necessary and reasonable—\nenter or board the vehicle; and\nexercise the powers set out in section&#160;70 .\nIf—\nthe vehicle (not being an aircraft) is moving or about to move; or\nthe vehicle (being an aircraft) is moving, or about to move, on the ground;\nthe authorised officer may signal the person in control of the vehicle—\nto stop the vehicle; or\nnot to move the vehicle.\nA person must not, without reasonable excuse, disobey a signal under subsection&#160;(4) to stop or not to move a vehicle.\nMaximum penalty—165 penalty units or 1 year’s imprisonment.\nIt is a reasonable excuse for the person to fail to stop or not to move the vehicle if—\nto obey immediately the signal would have endangered the person or another person; and\nthe person obeys the signal as soon as it is practicable to do so.\nThe authorised officer may require the person in control of the vehicle—\nto give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection&#160;(3) ; or\nto do both of the following—\nbring the vehicle to a specified place;\nremain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.\nA person must not, without reasonable excuse, contravene a requirement under subsection&#160;(7) .\nMaximum penalty—165 penalty units or 1 year’s imprisonment.\nIf, while searching the vehicle the authorised officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section&#160;69 (2) applies to the thing.\nIf, after searching the vehicle the authorised officer believes on reasonable grounds that the vehicle will afford evidence of the commission of an offence against this Act, section&#160;69 (2) (a) and (b) apply to the vehicle.\n(sec.67-ssec.1) In this section— person in control of a vehicle includes— the driver of the vehicle; and the person in command of the vehicle; and the person who appears to be in control or command of the vehicle. vehicle includes a boat or an aircraft.\n(sec.67-ssec.2) This section applies if an authorised officer suspects on reasonable grounds that— a vehicle is being, or has been, used in the commission of an offence against this Act; or a vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act.\n(sec.67-ssec.3) The authorised officer may, with such assistance and by such force as is necessary and reasonable— enter or board the vehicle; and exercise the powers set out in section&#160;70 .\n(sec.67-ssec.4) If— the vehicle (not being an aircraft) is moving or about to move; or the vehicle (being an aircraft) is moving, or about to move, on the ground; the authorised officer may signal the person in control of the vehicle— to stop the vehicle; or not to move the vehicle.\n(sec.67-ssec.5) A person must not, without reasonable excuse, disobey a signal under subsection&#160;(4) to stop or not to move a vehicle. Maximum penalty—165 penalty units or 1 year’s imprisonment.\n(sec.67-ssec.6) It is a reasonable excuse for the person to fail to stop or not to move the vehicle if— to obey immediately the signal would have endangered the person or another person; and the person obeys the signal as soon as it is practicable to do so.\n(sec.67-ssec.7) The authorised officer may require the person in control of the vehicle— to give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection&#160;(3) ; or to do both of the following— bring the vehicle to a specified place; remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.\n(sec.67-ssec.8) A person must not, without reasonable excuse, contravene a requirement under subsection&#160;(7) . Maximum penalty—165 penalty units or 1 year’s imprisonment.\n(sec.67-ssec.9) If, while searching the vehicle the authorised officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section&#160;69 (2) applies to the thing.\n(sec.67-ssec.10) If, after searching the vehicle the authorised officer believes on reasonable grounds that the vehicle will afford evidence of the commission of an offence against this Act, section&#160;69 (2) (a) and (b) apply to the vehicle.\n- (a) the driver of the vehicle; and\n- (b) the person in command of the vehicle; and\n- (c) the person who appears to be in control or command of the vehicle.\n- (a) a vehicle is being, or has been, used in the commission of an offence against this Act; or\n- (b) a vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act.\n- (a) enter or board the vehicle; and\n- (b) exercise the powers set out in section&#160;70 .\n- (a) the vehicle (not being an aircraft) is moving or about to move; or\n- (b) the vehicle (being an aircraft) is moving, or about to move, on the ground;\n- (c) to stop the vehicle; or\n- (d) not to move the vehicle.\n- (a) to obey immediately the signal would have endangered the person or another person; and\n- (b) the person obeys the signal as soon as it is practicable to do so.\n- (a) to give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection&#160;(3) ; or\n- (b) to do both of the following— (i) bring the vehicle to a specified place; (ii) remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.\n- (i) bring the vehicle to a specified place;\n- (ii) remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.\n- (i) bring the vehicle to a specified place;\n- (ii) remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.","sortOrder":79},{"sectionNumber":"sec.68","sectionType":"section","heading":"Entry and search—monitoring compliance","content":"### sec.68 Entry and search—monitoring compliance\n\nAn authorised officer may, for the purpose of finding out whether this Act is being complied with—\nenter any place at any reasonable time of the day or night; and\nexercise the powers mentioned in section&#160;70 .\nAn authorised officer may enter a place or exercise a power under subsection&#160;(1) only if—\nthe occupier of the place consents to the entry or exercise of the power; or\na warrant under section&#160;71 authorises the entry or exercise of the power.\n(sec.68-ssec.1) An authorised officer may, for the purpose of finding out whether this Act is being complied with— enter any place at any reasonable time of the day or night; and exercise the powers mentioned in section&#160;70 .\n(sec.68-ssec.2) An authorised officer may enter a place or exercise a power under subsection&#160;(1) only if— the occupier of the place consents to the entry or exercise of the power; or a warrant under section&#160;71 authorises the entry or exercise of the power.\n- (a) enter any place at any reasonable time of the day or night; and\n- (b) exercise the powers mentioned in section&#160;70 .\n- (a) the occupier of the place consents to the entry or exercise of the power; or\n- (b) a warrant under section&#160;71 authorises the entry or exercise of the power.","sortOrder":80},{"sectionNumber":"sec.69","sectionType":"section","heading":"Entry and search—evidence of offences","content":"### sec.69 Entry and search—evidence of offences\n\nIf an authorised officer has reasonable grounds for suspecting that there is in a place a particular thing (the evidence ) that may afford evidence of the commission of an offence against this Act, the officer may—\nenter the place; and\nexercise the powers mentioned in section&#160;70 .\nIf the authorised officer enters the place and finds the evidence—\nthe officer may seize the evidence; and\nthe officer may keep the evidence—\nfor 6 months; or\nif a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and\nif the evidence is a document—while the officer has possession of the document, the officer—\nmay take extracts from and make copies of the document; and\nmust allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.\nThe authorised officer may enter the place, or exercise a power under subsection&#160;(1) , only if—\nthe occupier of the place consents to the entry or exercise of the power; or\na warrant under section&#160;72 that was issued in relation to the evidence authorises the entry or exercise of the power.\nIf, while searching the place under subsection&#160;(1) under a warrant under section&#160;72 , the authorised officer finds a thing (the secondary evidence ) that is not the evidence, then, subject to subsection&#160;(5) , subsection&#160;(2) applies to the secondary evidence as if it were the evidence.\nSubsection&#160;(4) applies only if the authorised officer believes, on reasonable grounds, that—\nthe secondary evidence will afford evidence of the commission of—\nthe offence mentioned in subsection&#160;(1) ; or\nanother offence against this Act; and\nit is necessary to seize the secondary evidence to prevent—\nits concealment, loss, death or destruction; or\nits use in committing, continuing or repeating either of the offences.\n(sec.69-ssec.1) If an authorised officer has reasonable grounds for suspecting that there is in a place a particular thing (the evidence ) that may afford evidence of the commission of an offence against this Act, the officer may— enter the place; and exercise the powers mentioned in section&#160;70 .\n(sec.69-ssec.2) If the authorised officer enters the place and finds the evidence— the officer may seize the evidence; and the officer may keep the evidence— for 6 months; or if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and if the evidence is a document—while the officer has possession of the document, the officer— may take extracts from and make copies of the document; and must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.\n(sec.69-ssec.3) The authorised officer may enter the place, or exercise a power under subsection&#160;(1) , only if— the occupier of the place consents to the entry or exercise of the power; or a warrant under section&#160;72 that was issued in relation to the evidence authorises the entry or exercise of the power.\n(sec.69-ssec.4) If, while searching the place under subsection&#160;(1) under a warrant under section&#160;72 , the authorised officer finds a thing (the secondary evidence ) that is not the evidence, then, subject to subsection&#160;(5) , subsection&#160;(2) applies to the secondary evidence as if it were the evidence.\n(sec.69-ssec.5) Subsection&#160;(4) applies only if the authorised officer believes, on reasonable grounds, that— the secondary evidence will afford evidence of the commission of— the offence mentioned in subsection&#160;(1) ; or another offence against this Act; and it is necessary to seize the secondary evidence to prevent— its concealment, loss, death or destruction; or its use in committing, continuing or repeating either of the offences.\n- (a) enter the place; and\n- (b) exercise the powers mentioned in section&#160;70 .\n- (a) the officer may seize the evidence; and\n- (b) the officer may keep the evidence— (i) for 6 months; or (ii) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and\n- (i) for 6 months; or\n- (ii) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and\n- (c) if the evidence is a document—while the officer has possession of the document, the officer— (i) may take extracts from and make copies of the document; and (ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.\n- (i) may take extracts from and make copies of the document; and\n- (ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.\n- (i) for 6 months; or\n- (ii) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and\n- (i) may take extracts from and make copies of the document; and\n- (ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.\n- (a) the occupier of the place consents to the entry or exercise of the power; or\n- (b) a warrant under section&#160;72 that was issued in relation to the evidence authorises the entry or exercise of the power.\n- (a) the secondary evidence will afford evidence of the commission of— (i) the offence mentioned in subsection&#160;(1) ; or (ii) another offence against this Act; and\n- (i) the offence mentioned in subsection&#160;(1) ; or\n- (ii) another offence against this Act; and\n- (b) it is necessary to seize the secondary evidence to prevent— (i) its concealment, loss, death or destruction; or (ii) its use in committing, continuing or repeating either of the offences.\n- (i) its concealment, loss, death or destruction; or\n- (ii) its use in committing, continuing or repeating either of the offences.\n- (i) the offence mentioned in subsection&#160;(1) ; or\n- (ii) another offence against this Act; and\n- (i) its concealment, loss, death or destruction; or\n- (ii) its use in committing, continuing or repeating either of the offences.","sortOrder":81},{"sectionNumber":"sec.70","sectionType":"section","heading":"General powers in relation to places and vehicles","content":"### sec.70 General powers in relation to places and vehicles\n\nAn authorised officer who enters a place, or enters or boards a vehicle, under this part may exercise any of the following powers—\nsearch any part of the place or vehicle;\ninspect, examine, photograph or film anything in or on the place or vehicle;\ntake extracts from, and make copies of, any documents in or on the place or vehicle;\ntake into or onto the place or vehicle any persons, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place or vehicle;\nrequire—\nthe occupier of the place; or\nany person in or on the place or vehicle;\nto give to the authorised officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs&#160;(a) to (d) ;\nthe powers mentioned in the following provisions—\nsection&#160;74 (Power to require name and address);\nsection&#160;75 (Power to require answers to questions);\nsection&#160;76 (1) (b) to (c) (Other powers of authorised officers).\nA person must not, without reasonable excuse, fail to comply with a requirement made under subsection&#160;(1) (e) .\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for a person to fail—\nto answer a question; or\nproduce a document (other than a document required to be kept by the person under a regulation);\nif answering the question, or producing the document, might tend to incriminate the person.\nAn authorised officer who seizes or damages anything under this part must, as soon as practicable, give written notice of the particulars of the thing or damage.\nThe notice must be given to—\nfor a seizure—the person from whom the thing was seized; or\nfor injury or damage—the person who appears to the authorised officer to be the owner of the thing.\nThis section does not limit any power that an authorised officer has apart from this section.\nIn this section—\nvehicle includes a boat and an aircraft.\n(sec.70-ssec.1) An authorised officer who enters a place, or enters or boards a vehicle, under this part may exercise any of the following powers— search any part of the place or vehicle; inspect, examine, photograph or film anything in or on the place or vehicle; take extracts from, and make copies of, any documents in or on the place or vehicle; take into or onto the place or vehicle any persons, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place or vehicle; require— the occupier of the place; or any person in or on the place or vehicle; to give to the authorised officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs&#160;(a) to (d) ; the powers mentioned in the following provisions— section&#160;74 (Power to require name and address); section&#160;75 (Power to require answers to questions); section&#160;76 (1) (b) to (c) (Other powers of authorised officers).\n(sec.70-ssec.2) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection&#160;(1) (e) . Maximum penalty—50 penalty units.\n(sec.70-ssec.3) It is a reasonable excuse for a person to fail— to answer a question; or produce a document (other than a document required to be kept by the person under a regulation); if answering the question, or producing the document, might tend to incriminate the person.\n(sec.70-ssec.4) An authorised officer who seizes or damages anything under this part must, as soon as practicable, give written notice of the particulars of the thing or damage.\n(sec.70-ssec.5) The notice must be given to— for a seizure—the person from whom the thing was seized; or for injury or damage—the person who appears to the authorised officer to be the owner of the thing.\n(sec.70-ssec.6) This section does not limit any power that an authorised officer has apart from this section.\n(sec.70-ssec.7) In this section— vehicle includes a boat and an aircraft.\n- (a) search any part of the place or vehicle;\n- (b) inspect, examine, photograph or film anything in or on the place or vehicle;\n- (c) take extracts from, and make copies of, any documents in or on the place or vehicle;\n- (d) take into or onto the place or vehicle any persons, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place or vehicle;\n- (e) require— (i) the occupier of the place; or (ii) any person in or on the place or vehicle; to give to the authorised officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs&#160;(a) to (d) ;\n- (i) the occupier of the place; or\n- (ii) any person in or on the place or vehicle;\n- (f) the powers mentioned in the following provisions— (i) section&#160;74 (Power to require name and address); (ii) section&#160;75 (Power to require answers to questions); (iii) section&#160;76 (1) (b) to (c) (Other powers of authorised officers).\n- (i) section&#160;74 (Power to require name and address);\n- (ii) section&#160;75 (Power to require answers to questions);\n- (iii) section&#160;76 (1) (b) to (c) (Other powers of authorised officers).\n- (i) the occupier of the place; or\n- (ii) any person in or on the place or vehicle;\n- (i) section&#160;74 (Power to require name and address);\n- (ii) section&#160;75 (Power to require answers to questions);\n- (iii) section&#160;76 (1) (b) to (c) (Other powers of authorised officers).\n- (a) to answer a question; or\n- (b) produce a document (other than a document required to be kept by the person under a regulation);\n- (a) for a seizure—the person from whom the thing was seized; or\n- (b) for injury or damage—the person who appears to the authorised officer to be the owner of the thing.","sortOrder":82},{"sectionNumber":"sec.71","sectionType":"section","heading":"Monitoring warrants","content":"### sec.71 Monitoring warrants\n\nAn authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes).\nSubject to subsection&#160;(3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is necessary and reasonable that the authorised officer should have access to the place for the purpose of finding out whether this Act is being complied with.\nIf the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\nThe warrant must—\nauthorise the authorised officer, with such assistance and by such force as is necessary and reasonable—\nto enter the place; and\nto exercise the powers set out in section&#160;70 (1) (a) to (e) ; and\nstate whether the entry is authorised to be made—\nat any reasonable time of the day or night; or\nonly during specified reasonable hours of the day or night; and\nspecify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and\nstate the purpose for which the warrant is issued.\n(sec.71-ssec.1) An authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes).\n(sec.71-ssec.2) Subject to subsection&#160;(3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is necessary and reasonable that the authorised officer should have access to the place for the purpose of finding out whether this Act is being complied with.\n(sec.71-ssec.3) If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\n(sec.71-ssec.4) The warrant must— authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section&#160;70 (1) (a) to (e) ; and state whether the entry is authorised to be made— at any reasonable time of the day or night; or only during specified reasonable hours of the day or night; and specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purpose for which the warrant is issued.\n- (a) authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section&#160;70 (1) (a) to (e) ; and\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section&#160;70 (1) (a) to (e) ; and\n- (b) state whether the entry is authorised to be made— (i) at any reasonable time of the day or night; or (ii) only during specified reasonable hours of the day or night; and\n- (i) at any reasonable time of the day or night; or\n- (ii) only during specified reasonable hours of the day or night; and\n- (c) specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and\n- (d) state the purpose for which the warrant is issued.\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section&#160;70 (1) (a) to (e) ; and\n- (i) at any reasonable time of the day or night; or\n- (ii) only during specified reasonable hours of the day or night; and","sortOrder":83},{"sectionNumber":"sec.72","sectionType":"section","heading":"Offence related warrants","content":"### sec.72 Offence related warrants\n\nAn authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place.\nSubject to subsection&#160;(3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in or on the place a particular thing that may afford evidence of the commission of an offence against this Act.\nIf the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\nThe warrant must—\nauthorise the authorised officer, with such assistance and by such force as is necessary and reasonable—\nto enter the place; and\nto exercise the powers set out in section&#160;70 (1) (a) to (e) ; and\nto seize a specified thing; and\nstate whether the entry is authorised to be made—\nat any time of the day or night; or\nonly during specified hours of the day or night; and\nspecify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and\nstate the purpose for which the warrant is issued.\n(sec.72-ssec.1) An authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place.\n(sec.72-ssec.2) Subject to subsection&#160;(3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in or on the place a particular thing that may afford evidence of the commission of an offence against this Act.\n(sec.72-ssec.3) If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.\n(sec.72-ssec.4) The warrant must— authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section&#160;70 (1) (a) to (e) ; and to seize a specified thing; and state whether the entry is authorised to be made— at any time of the day or night; or only during specified hours of the day or night; and specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purpose for which the warrant is issued.\n- (a) authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section&#160;70 (1) (a) to (e) ; and (iii) to seize a specified thing; and\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section&#160;70 (1) (a) to (e) ; and\n- (iii) to seize a specified thing; and\n- (b) state whether the entry is authorised to be made— (i) at any time of the day or night; or (ii) only during specified hours of the day or night; and\n- (i) at any time of the day or night; or\n- (ii) only during specified hours of the day or night; and\n- (c) specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and\n- (d) state the purpose for which the warrant is issued.\n- (i) to enter the place; and\n- (ii) to exercise the powers set out in section&#160;70 (1) (a) to (e) ; and\n- (iii) to seize a specified thing; and\n- (i) at any time of the day or night; or\n- (ii) only during specified hours of the day or night; and","sortOrder":84},{"sectionNumber":"sec.73","sectionType":"section","heading":"Warrants may be issued by various forms of communication","content":"### sec.73 Warrants may be issued by various forms of communication\n\nIf an authorised officer considers it necessary to do so because of—\nurgent circumstances; or\nother special circumstances, including, for example, the officer’s remote location;\nthe officer may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section&#160;71 or 72 .\nBefore applying for the warrant, the authorised officer must prepare an information of the kind mentioned in section&#160;71 (2) or 72 (2) that sets out the grounds on which the issue of the warrant is sought.\nIf it is necessary to do so, an authorised officer may apply for the warrant before the information has been sworn.\nIf the magistrate—\nafter having considered the terms of the information; and\nafter having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought;\nis satisfied that there are reasonable grounds for issuing the warrant, the magistrate may, under section&#160;71 or 72 , complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section.\nIf the magistrate completes and signs the warrant, the magistrate must—\nimmediately send a copy of the warrant to the authorised officer by facsimile; or\nif it is not reasonably practicable to do so—\ntell the officer what the terms of the warrant are; and\ntell the officer the day and time when the warrant was signed; and\nrecord on the warrant the reasons for granting the warrant.\nIf the magistrate takes the action mentioned in subsection&#160;(5) (b) , the authorised officer must—\ncomplete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\nwrite on the form of warrant—\nthe name of the magistrate; and\nthe day and time when the magistrate signed the warrant.\nThe authorised officer must also send to the magistrate—\nthe information mentioned in subsection&#160;(2) , which must have been properly sworn; and\nif a form of warrant was completed by the authorised officer under subsection&#160;(6) —the completed form of warrant.\nA document mentioned in subsection&#160;(7) must be sent—\nnot later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or\nif it is not practicable to comply with paragraph&#160;(a) —as soon as practicable after the day mentioned in the paragraph.\nWhen the magistrate receives the documents mentioned in subsection&#160;(7) , the magistrate must—\nattach them to the warrant that the magistrate completed and signed; and\ndeal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section&#160;71 or 72 .\nA facsimile copy of a warrant, or a form of warrant properly completed by the authorised officer under subsection&#160;(6) , is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.\nIf—\nit is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and\nthe warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;\nthe court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.\n(sec.73-ssec.1) If an authorised officer considers it necessary to do so because of— urgent circumstances; or other special circumstances, including, for example, the officer’s remote location; the officer may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section&#160;71 or 72 .\n(sec.73-ssec.2) Before applying for the warrant, the authorised officer must prepare an information of the kind mentioned in section&#160;71 (2) or 72 (2) that sets out the grounds on which the issue of the warrant is sought.\n(sec.73-ssec.3) If it is necessary to do so, an authorised officer may apply for the warrant before the information has been sworn.\n(sec.73-ssec.4) If the magistrate— after having considered the terms of the information; and after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may, under section&#160;71 or 72 , complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section.\n(sec.73-ssec.5) If the magistrate completes and signs the warrant, the magistrate must— immediately send a copy of the warrant to the authorised officer by facsimile; or if it is not reasonably practicable to do so— tell the officer what the terms of the warrant are; and tell the officer the day and time when the warrant was signed; and record on the warrant the reasons for granting the warrant.\n(sec.73-ssec.6) If the magistrate takes the action mentioned in subsection&#160;(5) (b) , the authorised officer must— complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and write on the form of warrant— the name of the magistrate; and the day and time when the magistrate signed the warrant.\n(sec.73-ssec.7) The authorised officer must also send to the magistrate— the information mentioned in subsection&#160;(2) , which must have been properly sworn; and if a form of warrant was completed by the authorised officer under subsection&#160;(6) —the completed form of warrant.\n(sec.73-ssec.8) A document mentioned in subsection&#160;(7) must be sent— not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or if it is not practicable to comply with paragraph&#160;(a) —as soon as practicable after the day mentioned in the paragraph.\n(sec.73-ssec.9) When the magistrate receives the documents mentioned in subsection&#160;(7) , the magistrate must— attach them to the warrant that the magistrate completed and signed; and deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section&#160;71 or 72 .\n(sec.73-ssec.10) A facsimile copy of a warrant, or a form of warrant properly completed by the authorised officer under subsection&#160;(6) , is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.\n(sec.73-ssec.11) If— it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the officer’s remote location;\n- (a) after having considered the terms of the information; and\n- (b) after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought;\n- (a) immediately send a copy of the warrant to the authorised officer by facsimile; or\n- (b) if it is not reasonably practicable to do so— (i) tell the officer what the terms of the warrant are; and (ii) tell the officer the day and time when the warrant was signed; and (iii) record on the warrant the reasons for granting the warrant.\n- (i) tell the officer what the terms of the warrant are; and\n- (ii) tell the officer the day and time when the warrant was signed; and\n- (iii) record on the warrant the reasons for granting the warrant.\n- (i) tell the officer what the terms of the warrant are; and\n- (ii) tell the officer the day and time when the warrant was signed; and\n- (iii) record on the warrant the reasons for granting the warrant.\n- (a) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and\n- (b) write on the form of warrant— (i) the name of the magistrate; and (ii) the day and time when the magistrate signed the warrant.\n- (i) the name of the magistrate; and\n- (ii) the day and time when the magistrate signed the warrant.\n- (i) the name of the magistrate; and\n- (ii) the day and time when the magistrate signed the warrant.\n- (a) the information mentioned in subsection&#160;(2) , which must have been properly sworn; and\n- (b) if a form of warrant was completed by the authorised officer under subsection&#160;(6) —the completed form of warrant.\n- (a) not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or\n- (b) if it is not practicable to comply with paragraph&#160;(a) —as soon as practicable after the day mentioned in the paragraph.\n- (a) attach them to the warrant that the magistrate completed and signed; and\n- (b) deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section&#160;71 or 72 .\n- (a) it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and\n- (b) the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;","sortOrder":85},{"sectionNumber":"sec.74","sectionType":"section","heading":"Power to require name and address","content":"### sec.74 Power to require name and address\n\nThis section applies if an authorised officer—\nfinds a person committing an offence against this Act; or\nfinds a person who the officer has reasonable grounds for suspecting has committed an offence against this Act; or\nbelieves on reasonable grounds that the name and address of a person is required for the purpose of the administration or enforcement of this Act.\nThe authorised officer may—\nrequire the person to state the person’s name and address; and\nif the officer believes on reasonable grounds that the name and address given by a person is false—require evidence of its correctness.\nIf the authorised officer makes a requirement under subsection&#160;(2) , the officer must warn the person that it is an offence against this Act to fail, without reasonable excuse, to comply with the requirement.\nA person who is required under subsection&#160;(2) to state the person’s name or address must not—\nwithout reasonable excuse, fail to comply with the requirement; or\nstate a false name or address.\nMaximum penalty—100 penalty units.\nA person who is required under subsection&#160;(2) to give evidence of the correctness of a name or address must not—\nwithout reasonable excuse, fail to give the evidence; or\ngive false evidence.\nMaximum penalty—100 penalty units.\nIf—\nan authorised officer makes a requirement under subsection&#160;(2) on a suspicion of a person having committed an offence; and\nthe person is not proved to have committed the offence;\nthe person is not guilty of an offence against this section.\n(sec.74-ssec.1) This section applies if an authorised officer— finds a person committing an offence against this Act; or finds a person who the officer has reasonable grounds for suspecting has committed an offence against this Act; or believes on reasonable grounds that the name and address of a person is required for the purpose of the administration or enforcement of this Act.\n(sec.74-ssec.2) The authorised officer may— require the person to state the person’s name and address; and if the officer believes on reasonable grounds that the name and address given by a person is false—require evidence of its correctness.\n(sec.74-ssec.3) If the authorised officer makes a requirement under subsection&#160;(2) , the officer must warn the person that it is an offence against this Act to fail, without reasonable excuse, to comply with the requirement.\n(sec.74-ssec.4) A person who is required under subsection&#160;(2) to state the person’s name or address must not— without reasonable excuse, fail to comply with the requirement; or state a false name or address. Maximum penalty—100 penalty units.\n(sec.74-ssec.5) A person who is required under subsection&#160;(2) to give evidence of the correctness of a name or address must not— without reasonable excuse, fail to give the evidence; or give false evidence. Maximum penalty—100 penalty units.\n(sec.74-ssec.6) If— an authorised officer makes a requirement under subsection&#160;(2) on a suspicion of a person having committed an offence; and the person is not proved to have committed the offence; the person is not guilty of an offence against this section.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person who the officer has reasonable grounds for suspecting has committed an offence against this Act; or\n- (c) believes on reasonable grounds that the name and address of a person is required for the purpose of the administration or enforcement of this Act.\n- (a) require the person to state the person’s name and address; and\n- (b) if the officer believes on reasonable grounds that the name and address given by a person is false—require evidence of its correctness.\n- (a) without reasonable excuse, fail to comply with the requirement; or\n- (b) state a false name or address.\n- (a) without reasonable excuse, fail to give the evidence; or\n- (b) give false evidence.\n- (a) an authorised officer makes a requirement under subsection&#160;(2) on a suspicion of a person having committed an offence; and\n- (b) the person is not proved to have committed the offence;","sortOrder":86},{"sectionNumber":"sec.75","sectionType":"section","heading":"Power to require answers to questions","content":"### sec.75 Power to require answers to questions\n\nIf an authorised officer believes on reasonable grounds that a person may be able to provide information relevant to the enforcement of this Act, the officer may require the person to answer a question relevant to the enforcement of this Act.\nIf the authorised officer makes a requirement under subsection&#160;(1) , the officer must warn the person that it is an offence against this Act—\nto fail to answer a question relevant to the enforcement of this Act without reasonable excuse; or\nto make a statement that the person knows is false or misleading in a material particular.\nA person who is required under subsection&#160;(1) to answer a question must not, without reasonable excuse, fail to comply with the requirement.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person.\nIf—\nan authorised officer makes a requirement under subsection&#160;(1) on the basis of a reasonable belief; and\nthe information is not in fact relevant to the enforcement of this Act;\nthe person is not guilty of an offence against this section.\n(sec.75-ssec.1) If an authorised officer believes on reasonable grounds that a person may be able to provide information relevant to the enforcement of this Act, the officer may require the person to answer a question relevant to the enforcement of this Act.\n(sec.75-ssec.2) If the authorised officer makes a requirement under subsection&#160;(1) , the officer must warn the person that it is an offence against this Act— to fail to answer a question relevant to the enforcement of this Act without reasonable excuse; or to make a statement that the person knows is false or misleading in a material particular.\n(sec.75-ssec.3) A person who is required under subsection&#160;(1) to answer a question must not, without reasonable excuse, fail to comply with the requirement. Maximum penalty—100 penalty units.\n(sec.75-ssec.4) It is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person.\n(sec.75-ssec.5) If— an authorised officer makes a requirement under subsection&#160;(1) on the basis of a reasonable belief; and the information is not in fact relevant to the enforcement of this Act; the person is not guilty of an offence against this section.\n- (a) to fail to answer a question relevant to the enforcement of this Act without reasonable excuse; or\n- (b) to make a statement that the person knows is false or misleading in a material particular.\n- (a) an authorised officer makes a requirement under subsection&#160;(1) on the basis of a reasonable belief; and\n- (b) the information is not in fact relevant to the enforcement of this Act;","sortOrder":87},{"sectionNumber":"sec.76","sectionType":"section","heading":"Other powers of authorised officers","content":"### sec.76 Other powers of authorised officers\n\nAn authorised officer may, for the purposes of this Act, exercise any of the following powers—\nenter any land at any reasonable time for the purpose of inspecting the state of the wet tropics area;\nrequire a person to produce to the officer—\nany licence, permit or other authority held by the person under a regulation; or\nany document required to be kept by the person under a regulation;\ninspect, take extracts from, make copies of or keep a document produced to the officer under paragraph&#160;(b) .\nBefore exercising the power mentioned in subsection&#160;(1) (a) , an authorised officer must—\nobtain, or, in urgent circumstances, take all reasonable steps to obtain, the consent of the land-holder concerned; or\ngive at least 14 days’ written notice to the land-holder concerned of—\nthe officer’s intention to enter the land; and\nthe proposed purpose in entering the land; and\nthe day and time when the officer proposes to enter the land.\nIn exercising the power mentioned in subsection&#160;(1) (a) , an authorised officer must take all reasonable steps to ensure that the officer causes as little inconvenience, and does as little damage, as is practicable.\nAn authorised officer—\nmay keep a document under subsection&#160;(1) (c) only for the purpose of taking copies of the document; and\nmust, as soon as practicable after taking the copies, return the document to the person who produced it.\n(sec.76-ssec.1) An authorised officer may, for the purposes of this Act, exercise any of the following powers— enter any land at any reasonable time for the purpose of inspecting the state of the wet tropics area; require a person to produce to the officer— any licence, permit or other authority held by the person under a regulation; or any document required to be kept by the person under a regulation; inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph&#160;(b) .\n(sec.76-ssec.2) Before exercising the power mentioned in subsection&#160;(1) (a) , an authorised officer must— obtain, or, in urgent circumstances, take all reasonable steps to obtain, the consent of the land-holder concerned; or give at least 14 days’ written notice to the land-holder concerned of— the officer’s intention to enter the land; and the proposed purpose in entering the land; and the day and time when the officer proposes to enter the land.\n(sec.76-ssec.3) In exercising the power mentioned in subsection&#160;(1) (a) , an authorised officer must take all reasonable steps to ensure that the officer causes as little inconvenience, and does as little damage, as is practicable.\n(sec.76-ssec.4) An authorised officer— may keep a document under subsection&#160;(1) (c) only for the purpose of taking copies of the document; and must, as soon as practicable after taking the copies, return the document to the person who produced it.\n- (a) enter any land at any reasonable time for the purpose of inspecting the state of the wet tropics area;\n- (b) require a person to produce to the officer— (i) any licence, permit or other authority held by the person under a regulation; or (ii) any document required to be kept by the person under a regulation;\n- (i) any licence, permit or other authority held by the person under a regulation; or\n- (ii) any document required to be kept by the person under a regulation;\n- (c) inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph&#160;(b) .\n- (i) any licence, permit or other authority held by the person under a regulation; or\n- (ii) any document required to be kept by the person under a regulation;\n- (a) obtain, or, in urgent circumstances, take all reasonable steps to obtain, the consent of the land-holder concerned; or\n- (b) give at least 14 days’ written notice to the land-holder concerned of— (i) the officer’s intention to enter the land; and (ii) the proposed purpose in entering the land; and (iii) the day and time when the officer proposes to enter the land.\n- (i) the officer’s intention to enter the land; and\n- (ii) the proposed purpose in entering the land; and\n- (iii) the day and time when the officer proposes to enter the land.\n- (i) the officer’s intention to enter the land; and\n- (ii) the proposed purpose in entering the land; and\n- (iii) the day and time when the officer proposes to enter the land.\n- (a) may keep a document under subsection&#160;(1) (c) only for the purpose of taking copies of the document; and\n- (b) must, as soon as practicable after taking the copies, return the document to the person who produced it.","sortOrder":88},{"sectionNumber":"sec.77","sectionType":"section","heading":"Obstruction of authorised officers","content":"### sec.77 Obstruction of authorised officers\n\nA person must not, without reasonable excuse, obstruct, hinder or resist, or attempt to obstruct, hinder or resist, an authorised officer in the exercise of a power under this Act.\nMaximum penalty—100 penalty units.","sortOrder":89},{"sectionNumber":"sec.78","sectionType":"section","heading":"Compensation","content":"### sec.78 Compensation\n\nA person who incurs any loss or expense—\nbecause of the exercise or purported exercise of a power under this part; or\nin complying with a requirement made of the person under this part;\nmay claim compensation from the State.\nA payment of compensation may be claimed and ordered—\nin an action for compensation brought in a court of competent jurisdiction for the recovery of compensation; or\nduring a proceeding for a charge under this Act against the person by whom the claim is made.\nA court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to do so in the circumstances of the particular case.\n(sec.78-ssec.1) A person who incurs any loss or expense— because of the exercise or purported exercise of a power under this part; or in complying with a requirement made of the person under this part; may claim compensation from the State.\n(sec.78-ssec.2) A payment of compensation may be claimed and ordered— in an action for compensation brought in a court of competent jurisdiction for the recovery of compensation; or during a proceeding for a charge under this Act against the person by whom the claim is made.\n(sec.78-ssec.3) A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to do so in the circumstances of the particular case.\n- (a) because of the exercise or purported exercise of a power under this part; or\n- (b) in complying with a requirement made of the person under this part;\n- (a) in an action for compensation brought in a court of competent jurisdiction for the recovery of compensation; or\n- (b) during a proceeding for a charge under this Act against the person by whom the claim is made.","sortOrder":90},{"sectionNumber":"sec.79","sectionType":"section","heading":"False or misleading information and documents","content":"### sec.79 False or misleading information and documents\n\nA person must not—\nmake a statement to an authorised officer that the person knows is false or misleading in a material particular; or\nomit from a statement made to an authorised officer anything without which the statement is, to the person’s knowledge, misleading in a material particular.\nMaximum penalty—100 penalty units.\nA complaint against a person for an offence against subsection&#160;(1) (a) or (b) is sufficient if it states that the statement made was false or misleading to the person’s knowledge.\nA person must not give to an authorised officer a document containing information that the person knows is false, misleading or incomplete in a material particular.\nMaximum penalty—100 penalty units.\nSubsection&#160;(3) does not apply to a person if, when the person gives the document to the authorised officer, the person—\nindicates to the officer that the document is false, misleading or incomplete; and\nindicates the respect in which the document is false, misleading or incomplete; and\ngives the correct information to the officer if the person has, or can reasonably obtain, the correct information.\n(sec.79-ssec.1) A person must not— make a statement to an authorised officer that the person knows is false or misleading in a material particular; or omit from a statement made to an authorised officer anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.79-ssec.2) A complaint against a person for an offence against subsection&#160;(1) (a) or (b) is sufficient if it states that the statement made was false or misleading to the person’s knowledge.\n(sec.79-ssec.3) A person must not give to an authorised officer a document containing information that the person knows is false, misleading or incomplete in a material particular. Maximum penalty—100 penalty units.\n(sec.79-ssec.4) Subsection&#160;(3) does not apply to a person if, when the person gives the document to the authorised officer, the person— indicates to the officer that the document is false, misleading or incomplete; and indicates the respect in which the document is false, misleading or incomplete; and gives the correct information to the officer if the person has, or can reasonably obtain, the correct information.\n- (a) make a statement to an authorised officer that the person knows is false or misleading in a material particular; or\n- (b) omit from a statement made to an authorised officer anything without which the statement is, to the person’s knowledge, misleading in a material particular.\n- (a) indicates to the officer that the document is false, misleading or incomplete; and\n- (b) indicates the respect in which the document is false, misleading or incomplete; and\n- (c) gives the correct information to the officer if the person has, or can reasonably obtain, the correct information.","sortOrder":91},{"sectionNumber":"sec.80","sectionType":"section","heading":"Impersonation of authorised officer","content":"### sec.80 Impersonation of authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—50 penalty units.","sortOrder":92},{"sectionNumber":"pt.7","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":93},{"sectionNumber":"sec.81","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.81 Evidentiary provisions\n\nThis section applies to any proceeding under or in relation to this Act.\nIt is not necessary to prove the appointment of an authorised officer or the authority of an authorised officer to do any act under this Act.\nA signature purporting to be that of the executive director or an authorised officer is evidence of the signature it purports to be.\nA certificate purporting to be signed by the executive director stating that—\na specified document is a copy of a notice, order, licence, permit or other authority issued or given under this Act; or\non a specified day, or during a specified period, a specified person was or was not the holder of a licence, permit or other authority issued or given under a regulation or another Act; or\na licence, permit or other authority was or was not issued or given for a specified term, or was or was not subject to specified conditions; or\non a day mentioned in the certificate, a specified person was given a notice under this Act;\nis evidence of the matter stated in the certificate.\nA statement in a complaint starting the proceeding of any of the following matters is evidence of the matters—\nthat the matter of the complaint came to the knowledge of the complainant on a specified day;\nthat the place where the offence was committed was in a specified zone in the wet tropics area.\n(sec.81-ssec.1) This section applies to any proceeding under or in relation to this Act.\n(sec.81-ssec.2) It is not necessary to prove the appointment of an authorised officer or the authority of an authorised officer to do any act under this Act.\n(sec.81-ssec.3) A signature purporting to be that of the executive director or an authorised officer is evidence of the signature it purports to be.\n(sec.81-ssec.4) A certificate purporting to be signed by the executive director stating that— a specified document is a copy of a notice, order, licence, permit or other authority issued or given under this Act; or on a specified day, or during a specified period, a specified person was or was not the holder of a licence, permit or other authority issued or given under a regulation or another Act; or a licence, permit or other authority was or was not issued or given for a specified term, or was or was not subject to specified conditions; or on a day mentioned in the certificate, a specified person was given a notice under this Act; is evidence of the matter stated in the certificate.\n(sec.81-ssec.5) A statement in a complaint starting the proceeding of any of the following matters is evidence of the matters— that the matter of the complaint came to the knowledge of the complainant on a specified day; that the place where the offence was committed was in a specified zone in the wet tropics area.\n- (a) a specified document is a copy of a notice, order, licence, permit or other authority issued or given under this Act; or\n- (b) on a specified day, or during a specified period, a specified person was or was not the holder of a licence, permit or other authority issued or given under a regulation or another Act; or\n- (c) a licence, permit or other authority was or was not issued or given for a specified term, or was or was not subject to specified conditions; or\n- (d) on a day mentioned in the certificate, a specified person was given a notice under this Act;\n- (a) that the matter of the complaint came to the knowledge of the complainant on a specified day;\n- (b) that the place where the offence was committed was in a specified zone in the wet tropics area.","sortOrder":94},{"sectionNumber":"sec.82","sectionType":"section","heading":"Proceedings for offences","content":"### sec.82 Proceedings for offences\n\nA proceeding for an offence against section&#160;56 (Prohibited acts) may be taken—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment;\nat the election of the prosecution.\nAn offence against section&#160;56 is a misdemeanour.\nAny other offence against this Act is punishable summarily.\nSubject to subsection&#160;(4) , a proceeding—\nwith a view to the summary conviction of a person on a charge of an offence against section&#160;56 ; or\nfor an examination of witnesses in relation to such a charge;\nmust be before a magistrate.\nIf a proceeding for an offence against section&#160;56 is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\nA proceeding for an offence by way of summary proceeding under the Justices Act 1886 must start within 1 year after—\nthe commission of the offence; or\nthe offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence;\nwhichever is the later.\nIf—\na person charged with an offence against section&#160;56 , in respect of which a proceeding is taken by way of summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or\nthe magistrate hearing and determining a charge of an offence against section&#160;56 is of the opinion that the charge ought to be prosecuted on indictment;\nthe magistrate—\nmust not hear and determine the charge summarily; and\nmust proceed by way of an examination of witnesses in relation to an indictable offence.\nIf a magistrate acts under subsection&#160;(6) —\nany plea of the person charged at the start of the proceeding must be disregarded; and\nany evidence brought in the proceeding before the magistrate decided to act under subsection&#160;(6) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence the magistrate must make a statement to the person in accordance with section&#160;104 (2) (b) of the Justices Act 1886 .\nThe maximum penalty that may be imposed for a summary conviction of an offence against section&#160;56 is 165 penalty units or 1 year’s imprisonment.\ns&#160;82 amd 2003 No.&#160;96 s&#160;28 sch\n(sec.82-ssec.1) A proceeding for an offence against section&#160;56 (Prohibited acts) may be taken— by way of summary proceedings under the Justices Act 1886 ; or on indictment; at the election of the prosecution.\n(sec.82-ssec.1A) An offence against section&#160;56 is a misdemeanour.\n(sec.82-ssec.2) Any other offence against this Act is punishable summarily.\n(sec.82-ssec.3) Subject to subsection&#160;(4) , a proceeding— with a view to the summary conviction of a person on a charge of an offence against section&#160;56 ; or for an examination of witnesses in relation to such a charge; must be before a magistrate.\n(sec.82-ssec.4) If a proceeding for an offence against section&#160;56 is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.82-ssec.5) A proceeding for an offence by way of summary proceeding under the Justices Act 1886 must start within 1 year after— the commission of the offence; or the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence; whichever is the later.\n(sec.82-ssec.6) If— a person charged with an offence against section&#160;56 , in respect of which a proceeding is taken by way of summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or the magistrate hearing and determining a charge of an offence against section&#160;56 is of the opinion that the charge ought to be prosecuted on indictment; the magistrate— must not hear and determine the charge summarily; and must proceed by way of an examination of witnesses in relation to an indictable offence.\n(sec.82-ssec.7) If a magistrate acts under subsection&#160;(6) — any plea of the person charged at the start of the proceeding must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection&#160;(6) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and before committing the person for trial or sentence the magistrate must make a statement to the person in accordance with section&#160;104 (2) (b) of the Justices Act 1886 .\n(sec.82-ssec.8) The maximum penalty that may be imposed for a summary conviction of an offence against section&#160;56 is 165 penalty units or 1 year’s imprisonment.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment;\n- (a) with a view to the summary conviction of a person on a charge of an offence against section&#160;56 ; or\n- (b) for an examination of witnesses in relation to such a charge;\n- (a) the commission of the offence; or\n- (b) the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence;\n- (a) a person charged with an offence against section&#160;56 , in respect of which a proceeding is taken by way of summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or\n- (b) the magistrate hearing and determining a charge of an offence against section&#160;56 is of the opinion that the charge ought to be prosecuted on indictment;\n- (c) must not hear and determine the charge summarily; and\n- (d) must proceed by way of an examination of witnesses in relation to an indictable offence.\n- (a) any plea of the person charged at the start of the proceeding must be disregarded; and\n- (b) any evidence brought in the proceeding before the magistrate decided to act under subsection&#160;(6) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and\n- (c) before committing the person for trial or sentence the magistrate must make a statement to the person in accordance with section&#160;104 (2) (b) of the Justices Act 1886 .","sortOrder":95},{"sectionNumber":"sec.83","sectionType":"section","heading":"Court may order costs of rehabilitation or restoration","content":"### sec.83 Court may order costs of rehabilitation or restoration\n\nOn conviction of a person for an offence against this Act, the court may order the person to pay to the State such amount as it considers appropriate for, or towards, the cost of rehabilitation or restoration of the wet tropics area because of the offence.","sortOrder":96},{"sectionNumber":"sec.84","sectionType":"section","heading":"Penalties payable to consolidated fund","content":"### sec.84 Penalties payable to consolidated fund\n\nAll penalties ordered to be paid in relation to offences against this Act must be paid into the consolidated fund.","sortOrder":97},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":98},{"sectionNumber":"sec.85","sectionType":"section","heading":"Regulations","content":"### sec.85 Regulations\n\nThe Governor in Council may make regulations for the purposes of this Act.\nA regulation may be made with respect to any of the following matters—\nthe use of land in the wet tropics area;\nactivities in the wet tropics area;\naccess to the wet tropics area by persons or animals;\nthe removal from the wet tropics area of—\ntrespassers; or\npersons who are believed on reasonable grounds to have contravened this Act;\nthe presence and use of vehicles and boats in, and the flight of aircraft over, the wet tropics area;\nthe impounding, removal and disposal of vehicles, boats, aircraft or property—\nfound in the wet tropics area in contravention of a regulation; or\nfound abandoned in the wet tropics area;\nthe taking of soil, gravel, animals or plants into, or out of, the wet tropics area and the impounding, removal, destruction or disposal of animals found straying in the wet tropics area;\noffences under a regulation or management plan for which a notice may be given to an offender or affixed in or on any place advising that a prescribed penalty may be paid for any such offence without involving court proceedings;\nrequiring environmental impact assessments, studies or reports in relation to developments in the wet tropics area;\ngiving effect to, and enforcing compliance with, management plans;\nthe matters for which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any unpaid amount of fees, costs and charges;\nexemption from compliance with provisions of a regulation or a management plan;\nreconfiguring a lot in the wet tropics area;\nprescribing offences for contraventions of a regulation and fixing a maximum penalty of a fine of not more than 165 penalty units for such a contravention.\nWithout limiting subsection&#160;(2) (e) , a regulation may—\nprovide, in relation to a contravention of a provision of a regulation relating to the presence or use of vehicles in the wet tropics area, that the owner of the vehicle (whether or not the owner was in charge of the vehicle at the relevant time) is taken to have committed an offence against the provision contravened; and\ndefine who is the owner of the vehicle for the purpose of the regulation.\ns&#160;85 amd 2007 No.&#160;56 s&#160;48\n(sec.85-ssec.1) The Governor in Council may make regulations for the purposes of this Act.\n(sec.85-ssec.2) A regulation may be made with respect to any of the following matters— the use of land in the wet tropics area; activities in the wet tropics area; access to the wet tropics area by persons or animals; the removal from the wet tropics area of— trespassers; or persons who are believed on reasonable grounds to have contravened this Act; the presence and use of vehicles and boats in, and the flight of aircraft over, the wet tropics area; the impounding, removal and disposal of vehicles, boats, aircraft or property— found in the wet tropics area in contravention of a regulation; or found abandoned in the wet tropics area; the taking of soil, gravel, animals or plants into, or out of, the wet tropics area and the impounding, removal, destruction or disposal of animals found straying in the wet tropics area; offences under a regulation or management plan for which a notice may be given to an offender or affixed in or on any place advising that a prescribed penalty may be paid for any such offence without involving court proceedings; requiring environmental impact assessments, studies or reports in relation to developments in the wet tropics area; giving effect to, and enforcing compliance with, management plans; the matters for which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any unpaid amount of fees, costs and charges; exemption from compliance with provisions of a regulation or a management plan; reconfiguring a lot in the wet tropics area; prescribing offences for contraventions of a regulation and fixing a maximum penalty of a fine of not more than 165 penalty units for such a contravention.\n(sec.85-ssec.3) Without limiting subsection&#160;(2) (e) , a regulation may— provide, in relation to a contravention of a provision of a regulation relating to the presence or use of vehicles in the wet tropics area, that the owner of the vehicle (whether or not the owner was in charge of the vehicle at the relevant time) is taken to have committed an offence against the provision contravened; and define who is the owner of the vehicle for the purpose of the regulation.\n- (a) the use of land in the wet tropics area;\n- (b) activities in the wet tropics area;\n- (c) access to the wet tropics area by persons or animals;\n- (d) the removal from the wet tropics area of— (i) trespassers; or (ii) persons who are believed on reasonable grounds to have contravened this Act;\n- (i) trespassers; or\n- (ii) persons who are believed on reasonable grounds to have contravened this Act;\n- (e) the presence and use of vehicles and boats in, and the flight of aircraft over, the wet tropics area;\n- (f) the impounding, removal and disposal of vehicles, boats, aircraft or property— (i) found in the wet tropics area in contravention of a regulation; or (ii) found abandoned in the wet tropics area;\n- (i) found in the wet tropics area in contravention of a regulation; or\n- (ii) found abandoned in the wet tropics area;\n- (g) the taking of soil, gravel, animals or plants into, or out of, the wet tropics area and the impounding, removal, destruction or disposal of animals found straying in the wet tropics area;\n- (h) offences under a regulation or management plan for which a notice may be given to an offender or affixed in or on any place advising that a prescribed penalty may be paid for any such offence without involving court proceedings;\n- (i) requiring environmental impact assessments, studies or reports in relation to developments in the wet tropics area;\n- (j) giving effect to, and enforcing compliance with, management plans;\n- (k) the matters for which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any unpaid amount of fees, costs and charges;\n- (l) exemption from compliance with provisions of a regulation or a management plan;\n- (m) reconfiguring a lot in the wet tropics area;\n- (n) prescribing offences for contraventions of a regulation and fixing a maximum penalty of a fine of not more than 165 penalty units for such a contravention.\n- (i) trespassers; or\n- (ii) persons who are believed on reasonable grounds to have contravened this Act;\n- (i) found in the wet tropics area in contravention of a regulation; or\n- (ii) found abandoned in the wet tropics area;\n- (a) provide, in relation to a contravention of a provision of a regulation relating to the presence or use of vehicles in the wet tropics area, that the owner of the vehicle (whether or not the owner was in charge of the vehicle at the relevant time) is taken to have committed an offence against the provision contravened; and\n- (b) define who is the owner of the vehicle for the purpose of the regulation.","sortOrder":99},{"sectionNumber":"pt.9","sectionType":"part","heading":"Validation and declaratory provisions for Environmental Protection and Other Legislation Amendment Act 2023","content":"# Validation and declaratory provisions for Environmental Protection and Other Legislation Amendment Act 2023","sortOrder":100},{"sectionNumber":"sec.86","sectionType":"section","heading":"Validation of management plan provisions about cooperative management agreements","content":"### sec.86 Validation of management plan provisions about cooperative management agreements\n\nThis section applies in relation to a provision of a management plan, as in force from time to time before the commencement, relating to a cooperative management agreement.\nTo remove any doubt, it is declared that the management plan has always been able to make provision for the matters mentioned in new section&#160;41(5) and (6).\nIn this section—\nnew , in relation to a provision, means the provision as in force on the commencement.\ns&#160;86 ins 2023 No.&#160;6 s&#160;142\n(sec.86-ssec.1) This section applies in relation to a provision of a management plan, as in force from time to time before the commencement, relating to a cooperative management agreement.\n(sec.86-ssec.2) To remove any doubt, it is declared that the management plan has always been able to make provision for the matters mentioned in new section&#160;41(5) and (6).\n(sec.86-ssec.3) In this section— new , in relation to a provision, means the provision as in force on the commencement.","sortOrder":101},{"sectionNumber":"sec.87","sectionType":"section","heading":"Particular cooperative management agreements not invalid","content":"### sec.87 Particular cooperative management agreements not invalid\n\nThis section applies to a cooperative management agreement that—\nwas in effect immediately before the commencement; and\ndoes not—\nstate it is an agreement to which a provision of a management plan applies; or\notherwise purport to have been entered into for the purposes of, or to be subject to, a provision of a management plan.\nTo remove any doubt, it is declared that the agreement is not invalid merely because, on the commencement, the agreement contravenes, or is otherwise inconsistent with, a requirement about cooperative management agreements under a provision of a management plan.\nIn this section—\nprovision , of a management plan, includes a provision of the management plan as in force from time to time before the commencement.\ns&#160;87 prev s&#160;87 om 20 December 1995 RA s&#160;38\npres s&#160;87 ins 2023 No.&#160;6 s&#160;142\n(sec.87-ssec.1) This section applies to a cooperative management agreement that— was in effect immediately before the commencement; and does not— state it is an agreement to which a provision of a management plan applies; or otherwise purport to have been entered into for the purposes of, or to be subject to, a provision of a management plan.\n(sec.87-ssec.2) To remove any doubt, it is declared that the agreement is not invalid merely because, on the commencement, the agreement contravenes, or is otherwise inconsistent with, a requirement about cooperative management agreements under a provision of a management plan.\n(sec.87-ssec.3) In this section— provision , of a management plan, includes a provision of the management plan as in force from time to time before the commencement.\n- (a) was in effect immediately before the commencement; and\n- (b) does not— (i) state it is an agreement to which a provision of a management plan applies; or (ii) otherwise purport to have been entered into for the purposes of, or to be subject to, a provision of a management plan.\n- (i) state it is an agreement to which a provision of a management plan applies; or\n- (ii) otherwise purport to have been entered into for the purposes of, or to be subject to, a provision of a management plan.\n- (i) state it is an agreement to which a provision of a management plan applies; or\n- (ii) otherwise purport to have been entered into for the purposes of, or to be subject to, a provision of a management plan.","sortOrder":102},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns&#160;88 amd 1994 No.&#160;62 s&#160;223 sch&#160;3 (retro)\nom 20 December 1995 RA s&#160;38","sortOrder":103},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns&#160;89 om 20 December 1995 RA s&#160;38","sortOrder":104},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns&#160;90 om 20 December 1995 RA s&#160;38","sortOrder":105},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns&#160;91 om 20 December 1995 RA s&#160;38","sortOrder":106},{"sectionNumber":"pt.10","sectionType":"part","heading":null,"content":"","sortOrder":107}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":534},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original 1993 purpose of establishing the Wet Tropics Management Authority and protecting the World Heritage area. The 2023 amendments (sections 86-87) are validation provisions clarifying cooperative management agreement powers, not scope expansion."},"complexity_factors":["Dual ministerial approval requirements (State and Commonwealth) for key decisions","Multiple appointment pathways for board directors with different nomination/consultation requirements","Nested conditional logic for compensation eligibility (existing use tests, prior payment exclusions, time limits)","Cross-references to external legislation including Corporations Act, Nature Conservation Act 1992, Public Sector Act 2022, and Acts Interpretation Act 1954","Detailed warrant procedures with alternative communication methods (telephone, fax, radio) and documentary requirements","Management plans can create offences and override planning schemes, creating hierarchical conflicts resolved by ministerial determination","Extensive defined terms located in Schedule 3 dictionary rather than interpretation section"],"plain_english_summary":"This Queensland Act establishes the **Wet Tropics Management Authority** to protect and manage the Wet Tropics World Heritage Area in Far North Queensland.\n\n**What it does:**\n- Creates a statutory body corporate (the Authority) with a board of 7 directors, including a dedicated Aboriginal representative, to oversee the area\n- Requires the Authority to develop **management plans** for the World Heritage area, with public consultation and dual ministerial approval (Queensland and Commonwealth)\n- Prohibits certain activities in the area—like destroying forest products, building roads, or excavation—unless you have a permit\n- Provides **compensation** to landowners whose property rights are restricted by management plans or prohibitions\n- Establishes **authorised officers** with enforcement powers including entry, search, seizure, and requiring information\n- Creates offences for false branding (using \"Wet Tropics World Heritage\" names without permission), prohibited acts, obstructing officers, and giving false information\n\n**Who it affects:**\n- Landowners and businesses in the Wet Tropics area\n- Aboriginal people with traditional connections to the land (who have specific representation rights and cultural protections)\n- Developers, forestry operators, and anyone conducting activities in the area\n- The Authority's staff and board members\n\n**Why it matters:**\nThe Act implements Australia's international obligations under the **World Heritage Convention** to protect this globally significant rainforest. It balances conservation with property rights through compensation schemes and cooperative management agreements with landowners and Aboriginal communities."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has been amended multiple times since 1993 (notably in 1995, 2001, 2005, 2006, 2012, 2022, and 2023), broadening its scope. Key changes include: addition of a mandatory Aboriginal director position on the board (2022); strengthened requirements to consult and cooperate with Aboriginal people; expanded cooperative management agreement provisions allowing those agreements to override management plan provisions in certain circumstances; and updated alignment with current public sector legislation. The core purpose — protecting the Wet Tropics World Heritage Area and meeting Australia's World Heritage Convention obligations — has remained constant, but the mechanisms for Indigenous engagement and cooperative management have grown significantly from the original framework."},"complexity_factors":["Dual State-Commonwealth governance structure with joint ministerial approval required for key decisions, creating layered decision-making processes","Interplay between multiple pieces of legislation including the Nature Conservation Act 1992, Public Sector Act 2022, Corporations Act, and Acts Interpretation Act 1954","Management plans function as subordinate legislation (legally binding laws within laws), with multi-stage public consultation processes before they take effect","Complex board appointment mechanics including fallback provisions if nominations are not made within set timeframes","Compensation frameworks with different eligibility criteria depending on whether restrictions arise from management plans (Part 3) or outright prohibitions (Part 4)","Cooperative management agreements can override management plan provisions in specific circumstances, creating potential inconsistency that requires careful legal navigation","Conflict resolution mechanisms between management plans, planning schemes, and nature conservation instruments requiring ministerial determinations","Authorised officer powers span multiple sections with cross-references that require reading several provisions together to understand full scope","Aboriginal rights and traditions must be actively considered across multiple functions, but always subject to the overriding natural heritage protection obligation"],"plain_english_summary":"## What This Law Does\n\nThis Act creates a legal framework to protect and manage the **Wet Tropics of Queensland World Heritage Area** — a vast rainforest region in Far North Queensland listed under the international World Heritage Convention (an agreement Australia signed committing to protect sites of outstanding global value).\n\n## Who It Affects\n\n- **Landowners and businesses** in or near the Wet Tropics area face restrictions on what they can do with their land (e.g., you can't destroy forest products or build roads without a licence). If those restrictions hurt your property's value, you may be entitled to **compensation**.\n- **Aboriginal people** with a traditional or practical connection to land in the area have specific recognition — the Authority must consult with them, respect their traditions, and can enter cooperative land management agreements with them.\n- **Local councils** must ensure any development approvals they grant are consistent with the management plans for the area.\n- **Businesses** cannot use the name \"Wet Tropics World Heritage Area\" or similar phrases without the Authority's written permission.\n- **Visitors and the general public** are protected by enforcement powers given to authorised officers.\n\n## The Key Body: The Wet Tropics Management Authority\n\nThe Act creates the **Wet Tropics Management Authority** — a government body (like a statutory corporation) jointly overseen by both the Queensland State Government and the Australian Commonwealth Government. It has a 7-member board including:\n- A jointly-nominated chairperson\n- One Aboriginal person with a connection to the area\n- Representatives from both State and Commonwealth governments\n- An Executive Director who manages day-to-day operations\n\n## What the Authority Does\n\n- Prepares and enforces **management plans** for the area (these are legally binding, like mini-laws)\n- Enters into **cooperative management agreements** with landowners and Aboriginal people\n- Monitors the health of the area and reports to both governments\n- Controls a budget approved jointly by State and Commonwealth Ministers\n- Employs authorised officers with powers to stop vehicles, search premises, and enforce the law\n\n## Key Rules and Penalties\n\n- Doing a \"prohibited act\" (like destroying forest products or building roads without a licence) can result in a fine of up to **3,000 penalty units or 2 years' imprisonment**\n- Failing to stop for an authorised officer: up to **165 penalty units or 1 year's imprisonment**\n- Unauthorised use of the World Heritage name in business: also an offence\n\n## Why It Matters\n\nThis law is the primary legal instrument ensuring Australia meets its international obligations to protect one of the world's most significant tropical rainforest ecosystems. It balances conservation with the rights of landowners (through compensation) and Aboriginal Australians (through cultural recognition and cooperative management)."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s operative scope has been amended in later provisions reflected in the text: the authority’s functions and cooperative management agreement powers have been updated (see amendments noted to s.10 and s.41 and the validation of cooperative agreement provisions in s.86). The Act now expressly allows management plans to require cooperative management agreements and to provide for those agreements to operate inconsistently with parts of a plan (s.41(5)–(6)), and contains transitional validations for pre‑existing cooperative agreements (s.86–87). The text also shows later additions such as an exclusion from certain Corporations Act provisions for the authority (s.9A) and procedural changes to appointments, budgets and administrative arrangements (various amendment notes). These textual changes expand and clarify the Authority’s contractual, regulatory and procedural powers compared with earlier versions of the instrument as reflected in the amendment and validation sections."},"complexity_factors":["Multi‑level governance: overlapping roles for the Authority, Governor in Council, State and Commonwealth Ministers (s.13, s.16, s.46, s.47, s.64).","Detailed statutory plan‑making process with public notice, submission, review and subordinate‑legislation status (s.41–47, s.53).","Broad regulatory delegation and rule‑making power (Governor in Council regulations) covering many activities and penalties (s.85).","Extensive enforcement and investigatory powers including warrants, urgent communications for warrants, search and seizure, and evidentiary rules (s.67–73, s.70, s.69, s.81).","Compensation regime tied to injurious effects on existing lawful uses, with time limits and Land Court determinations (s.54, s.57).","Multiple interfaces with other laws and instruments (planning schemes, Nature Conservation Act instruments, Corporations Act exclusion) creating interoperability complexity (s.49–51, s.9A).","Significant discretionary choices for Ministers and the State Minister in resolving instrument conflicts and approving plans, with prescribed factors to consider (s.51, s.47).","Delegation architecture allowing many operational powers to be delegated but reserving plan and budget powers (s.35).","Procedural and administrative compliance requirements (registrar records, identity cards, reporting and budget approvals) (s.61, s.63, s.64, s.66).","Transitional/validation provisions and amendment history that modify the scope of cooperative agreements and other powers (s.86–87)."],"plain_english_summary":"What this law does, in practical terms\n\n- Mechanically, the Act creates the Wet Tropics Management Authority (the authority) as a corporate body (s.6, s.8) with a seven‑member board, an executive director and an administrative staff structure (s.14, s.23, s.33). The board sets objectives, strategies and policies (s.13). The authority develops and implements management plans for the Wet Tropics area, can enter into cooperative management agreements with land‑holders and Aboriginal people, administers funding, commissions rehabilitation works, and runs research, education and promotion programs (s.10, s.11, s.41, s.40).\n\n- The Act creates a statutory planning and regulatory regime. The authority must prepare management plans (which can create management zones and prescribe offences and exemptions) and those plans are subordinate legislation approved by the Governor in Council on the recommendation of the State and Commonwealth Ministers (s.41, s.47). Management plans prevail over local planning schemes where inconsistent (s.49), and local authorities must not grant approvals inconsistent with an approved management plan (s.50). The State Minister resolves conflicts between a management plan and Nature Conservation instruments (s.51).\n\n- The Act makes specified forestry and land‑use acts within the Wet Tropics area “prohibited acts” except where authorised by licence, permit or other authority (s.56). It sets criminal penalties for breaches (s.56) and enables recovery of penalties to the consolidated fund (s.84). The Act also establishes civil enforcement and investigative powers for authorised officers (search, seizure, entry, require name/address and answers, warrants and monitoring warrants) and creates processes for warrants and urgent warrant applications (s.67–76, s.71–73, s.74–75).\n\n- Where management plans or prohibitions injuriously affect a land‑holder’s existing lawful use of land, the Act provides for compensation payable by the authority or determined by the Land Court, subject to time limits and exceptions (s.54, s.57). The registrar must record when private land is subject to prohibitions or a management plan (s.66). The authority must prepare an annual budget (submitted to the State and Commonwealth Ministers for approval) and an annual report (s.64, s.63). The Governor in Council may make regulations covering a broad range of matters including offences, fees, exemptions, access and vehicle use (s.85).\n\nWhy the law exists (official purpose claim) and what that implies mechanically\n\n- The Act expressly says the authority is established to ensure Australia meets its World Heritage Convention obligations for the Wet Tropics area (s.7). Mechanically, that claim gives the authority a statutory mandate to prioritise protection of the area’s natural heritage values (s.10(4)) and to prepare enforceable management rules (s.41).\n\nHow this changes incentives and who does what (who pays, who decides, what behaviour changes)\n\n- Who decides: The authority (board and executive director) prepares plans and runs programs (s.13, s.24). The Governor in Council appoints directors and approves final management plans (s.16, s.47). The State and Commonwealth Ministers have oversight: the authority must advise them, submit plans and budgets for approval, and the Ministers recommend plan approvals (s.10, s.46, s.64, s.47).\n\n- Who pays: Penalties collected under the Act are paid to the consolidated fund (s.84). The authority is liable to pay compensation to land‑holders where a management plan or prohibition injures an existing lawful use (s.54, s.57). The authority may charge fees for services and goods and may set fees for copies of approved plans (s.11, s.47). The Act contemplates funding arrangements administered by the authority (s.10(e)).\n\n- Behaviour changes required: Private land‑holders and anyone operating in the Wet Tropics must comply with management plan rules and may need licenses or permits for activities defined as prohibited acts (s.41, s.56). Local governments must not grant approvals inconsistent with management plans (s.50). Persons must comply with authorised officers’ inspection, information and direction powers (s.70–76). Use of certain words or misrepresenting areas as part of the Wet Tropics is restricted without prior authority (s.55).\n\nCompliance burden, costs and compensation mechanics\n\n- Compliance burden: Land‑holders may face new restrictions on existing uses which can trigger a right to compensation if the restriction injuriously affects them (s.54). Licences/permits will be required for certain forestry operations and other regulated activities (s.56). There are procedural obligations around public notice and submissions during plan preparation and review, and timelines for lodging compensation claims (s.42–46, s.53, s.54(4), s.57(4)).\n\n- Compensation: Where restrictions injuriously affect existing lawful uses, the authority must pay reasonable compensation agreed with the land‑holder or determined by the Land Court (s.54). Compensation is time‑limited (6 months to lodge a claim unless extended in special circumstances) and excluded where an identical restriction already existed under other law or compensation was already paid (s.54(2)–(4)). For prohibitions under s.56, compensation rules are narrower (s.57).\n\nBureaucratic discretion and legal mechanics that allocate power\n\n- The Act grants broad regulatory and administrative discretion: the Governor in Council and Ministers have appointment and approval powers (s.16, s.47), the authority may make management plans that create offences and exemptions (s.41), and the Governor in Council may make regulations on a wide set of matters (s.85). The State Minister has a statutory discretion to determine which instrument prevails where a management plan and a State nature conservation instrument conflict, having regard to several matters including financial considerations (s.51).\n\n- Delegation and operational discretion: The board may delegate many powers to advisory committees, directors, officers, public service officers and local government officers (s.35), but cannot delegate the power to make management plans or the budget (s.35(2)). The authority also can enter cooperative management agreements whose contents may be prescribed or required by management plans (s.10(f), s.41(5)–(6)). Recent validation and transitional provisions in the Act affirm the authority’s ability to make management plan provisions about cooperative agreements (s.86–87).\n\nEffects on private enterprise, markets and contract freedom (what the text shows)\n\n- Private enterprise and contract freedom: The Act permits cooperative management agreements and allows the authority to enter into contracts, and to charge for services (s.10(f), s.11). Management plans can require entering into cooperative agreements and can prescribe their content; they can also allow those agreements to operate inconsistently with parts of the management plan (s.41(5)–(6)). That creates a structured channel for negotiated arrangements between the authority and private parties, and potential limits on unilateral land use by private owners.\n\n- Competition and prices: The Act does not directly set market prices, but by restricting certain land uses (including forestry operations in the Wet Tropics area, s.56) and by enabling compensable prohibitions, it can change the productive opportunities of affected land and therefore influence private returns. The authority’s power to charge fees and enter commercial arrangements (s.11, s.85(2)(k)) gives it a role in economic interactions in the area.\n\nTrade‑offs, opportunity costs and implementation risks (mechanisms rather than judgments)\n\n- Trade‑offs and opportunity costs: Management plans that ban or limit uses (s.41, s.56) shift land from existing productive uses toward conservation objectives. The Act offers compensation where a land‑holder’s existing lawful use is injuriously affected (s.54), but the compensation is subject to time limits and exceptions (s.54(2)–(4)).\n\n- Implementation risks: Effective outcomes depend on administrative capacity: preparing management plans with required public notices and consultation (s.42–46), administering licences and cooperative agreements (s.10, s.41), running monitoring and enforcement via authorised officers, and timely budget approval (s.64). The Act gives extensive investigatory and enforcement powers (s.67–76), which will require record‑keeping, training and decision protocols to limit legal risk (s.25 disclosure obligations, s.61 identity cards, s.34 protection from liability for authorised officers acting honestly and without negligence).\n\n- Concentrated benefits and diffuse costs: The Act centralises decision‑making with the authority and Ministers (s.13, s.46, s.47). Cooperative agreements and project funding could deliver concentrated benefits to participating parties (s.10(f), s.41(5)), while compliance costs and restrictions are spread across land‑holders and users within the Wet Tropics area. The text provides compensation mechanisms (s.54, s.57) and recordation (s.66) but does not guarantee compensation in every case.\n\nKey procedural points to note\n\n- Management plans are subordinate legislation requiring Governor in Council approval on the recommendation of the State and Commonwealth Ministers (s.47).\n- The authority must give public notice and allow at least 40 days for submissions at certain stages of plan preparation (s.42, s.44).\n- Enforcement combines administrative penalties under regulations/management plans with criminal penalties for prohibited acts (s.41(4), s.56, s.82).\n\nSelected sections cited in this summary: s.6, s.7, s.8, s.10, s.11, s.13, s.14, s.16–18, s.23–25, s.35, s.40, s.41–47, s.49–51, s.54–57, s.58–66, s.67–79, s.82–84, s.85, s.86–87."}},"importantCases":[],"_links":{"self":"/api/acts/wet-tropics-world-heritage-protection-and-management-act-1993","history":"/api/acts/wet-tropics-world-heritage-protection-and-management-act-1993/history","analysis":"/api/acts/wet-tropics-world-heritage-protection-and-management-act-1993/analysis","conflicts":"/api/acts/wet-tropics-world-heritage-protection-and-management-act-1993/conflicts","importantCases":"/api/acts/wet-tropics-world-heritage-protection-and-management-act-1993/important-cases","documents":"/api/acts/wet-tropics-world-heritage-protection-and-management-act-1993/documents"}}