This Act sets out how parts of Cape York Peninsula can be declared internationally significant conservation areas or designated indigenous community use areas, establishes advisory committees, and creates limited pathways for vegetation clearing for specified indigenous development. It affects landholders, indigenous communities, pastoralists and prospective miners by imposing consultation and documentation requirements, vesting final decisions with Ministers or the Governor in Council, and by prohibiting mining on listed lots; applicants face assessment burdens while ministers exercise discretionary powers.
This Act (the Cape York Peninsula Heritage Act 2007) sets out a statutory framework for identifying and managing significant natural and cultural values in the Cape York Peninsula Region. It does this by providing mechanisms for four principal types of statutory action: declaring parts of the Region to be areas of international conservation significance (Pt 2, ss 8-12); declaring indigenous community use areas on Aboriginal land or DOGIT land (Pt 3, ss 13-16); creating a tailored regime for deciding when vegetation clearing applications on Aboriginal land, DOGIT land or in indigenous community use areas can be treated as development for a "special indigenous purpose" (Pt 4, ss 17-19); and establishing two advisory committees to advise the environment Minister and the vegetation management Minister about declarations and values (Pt 5, ss 20-23). The objects (s 3) are to identify significant natural and cultural values of the Region, provide for cooperative management and ecologically sustainable use of land including pastoral land, recognise indigenous communities’ economic, social and cultural needs and aspirations, and recognise the contribution of the pastoral industry.
The Act prescribes how those declarations are made and what evidence and consultation must be undertaken. For international conservation significance declarations, a regulation may declare an area but only after publication of a notice, a minimum 28‑day submissions period and consultation with the two advisory committees (ss 9-11). The declaration must describe the area and state the significant values (s 9) and the Minister must be satisfied the area meets one or more World Heritage criteria (s 11). For indigenous community use areas, the power to declare rests with the Governor in Council by gazette notice and is limited to Aboriginal land or DOGIT land; the landholder must request the declaration in writing before the Governor in Council may make the declaration (ss 14, 16). For vegetation clearing applications on Aboriginal or DOGIT land, or within an indigenous community use area, Pt 4 provides rules the vegetation management Minister must apply to be satisfied the clearing is for a special indigenous purpose (ss 17-19). Those rules limit what may be cleared (excludes endangered or "of concern" regional ecosystems and excludes clearing for planting high risk species or woodchip trees) and, for indigenous community use areas, require a detailed property development plan with specified content (s 19).
Current sections
Direct links to the current provisions in Cape York Peninsula Heritage Act 2007.
48
pt.1
Preliminary
Preliminary
pt.1-div.1
Introduction and objects of Act
Introduction and objects of Act
sec.1
Short title
sec.1 Short title
This Act may be cited as the Cape York Peninsula Heritage Act 2007 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Objects of Act
sec.3 Objects of Act
The objects of this Act are—
to identify significant natural and cultural values of Cape York Peninsula; and
to provide for cooperative management, protection and ecologically sustainable use of land, including pastoral land, in the Cape York Peninsula Region; and
to recognise the economic, social and cultural needs and aspirations of indigenous communities in relation to land use in the Cape York Peninsula Region; and
to recognise the contribution of the pastoral industry in the Cape York Peninsula Region to the economy and land management in the region.
(a) to identify significant natural and cultural values of Cape York Peninsula; and
(b) to provide for cooperative management, protection and ecologically sustainable use of land, including pastoral land, in the Cape York Peninsula Region; and
(c) to recognise the economic, social and cultural needs and aspirations of indigenous communities in relation to land use in the Cape York Peninsula Region; and
(d) to recognise the contribution of the pastoral industry in the Cape York Peninsula Region to the economy and land management in the region.
sec.4
How objects are primarily achieved
sec.4 How objects are primarily achieved
The objects are to be achieved primarily by providing for—
the declaration of areas of international conservation significance; and
the cooperative involvement of landholders in the management of the natural and cultural values of Cape York Peninsula; and
the continuance of an environmentally sustainable pastoral industry as a form of land use in the Cape York Peninsula Region; and
the declaration of indigenous community use areas in which indigenous communities may undertake appropriate economic activities; and
the establishment of committees to advise the environment Minister and vegetation management Minister about particular matters under this Act.
(a) the declaration of areas of international conservation significance; and
(b) the cooperative involvement of landholders in the management of the natural and cultural values of Cape York Peninsula; and
(c) the continuance of an environmentally sustainable pastoral industry as a form of land use in the Cape York Peninsula Region; and
(d) the declaration of indigenous community use areas in which indigenous communities may undertake appropriate economic activities; and
(e) the establishment of committees to advise the environment Minister and vegetation management Minister about particular matters under this Act.
sec.5
Act binds all persons
sec.5 Act binds all persons
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
pt.1-div.2
Interpretation
Interpretation
sec.6
Dictionary
sec.6 Dictionary
The dictionary in the schedule defines particular words used in this Act.
sec.7
Meaning of Cape York Peninsula Region
sec.7 Meaning of Cape York Peninsula Region
The Cape York Peninsula Region is the part of the State shown as, and stated to be included in, the Cape York Peninsula Region on the designated map.
The map may be viewed on the natural resources department’s website.
The exact location of the boundary of the Cape York Peninsula Region is held in digital electronic form by the natural resources department.
The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.
In this section—
designated map means a map prepared and held by the natural resources department—
called ‘Map 3 Cape York Peninsula Region’; or
prescribed under a regulation.
natural resources department means the department in which the Land Act 1994 is administered.
s 7 amd 2013 No. 23 s 35 ; 2020 No. 9 s 4
(sec.7-ssec.1) The Cape York Peninsula Region is the part of the State shown as, and stated to be included in, the Cape York Peninsula Region on the designated map. The map may be viewed on the natural resources department’s website.
(sec.7-ssec.2) The exact location of the boundary of the Cape York Peninsula Region is held in digital electronic form by the natural resources department.
(sec.7-ssec.3) The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.
(sec.7-ssec.4) In this section— designated map means a map prepared and held by the natural resources department— called ‘Map 3 Cape York Peninsula Region’; or prescribed under a regulation. natural resources department means the department in which the Land Act 1994 is administered.
(a) called ‘Map 3 Cape York Peninsula Region’; or
(b) prescribed under a regulation.
pt.2
Areas of international conservation significance
Areas of international conservation significance
pt.2-div.1
Preliminary
Preliminary
sec.8
Purpose of pt 2
sec.8 Purpose of pt 2
The purpose of this part is to provide for the declaration of land in the Cape York Peninsula Region as an area of international conservation significance.
pt.2-div.2
Declaration of areas of international conservation significance
Declaration of areas of international conservation significance
sec.9
Declaration
sec.9 Declaration
A regulation may declare a part of the Cape York Peninsula Region to be an area of international conservation significance.
The regulation must—
describe the area for which the declaration is made; and
state the area’s significant natural and cultural values for which the declaration is made.
(sec.9-ssec.1) A regulation may declare a part of the Cape York Peninsula Region to be an area of international conservation significance.
(sec.9-ssec.2) The regulation must— describe the area for which the declaration is made; and state the area’s significant natural and cultural values for which the declaration is made.
(a) describe the area for which the declaration is made; and
(b) state the area’s significant natural and cultural values for which the declaration is made.
sec.10
Notice and consultation about declaration
sec.10 Notice and consultation about declaration
Before a part of the Cape York Peninsula Region is declared to be an area of international conservation significance, the environment Minister—
must publish a notice that—
identifies the area proposed to be declared; and
invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and
must consider the submissions given to the Minister under paragraph (a) (ii) ; and
must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration.
A submission under subsection (1) (a) (ii) may be given to the environment Minister in the way the Minister considers appropriate.
Subsection (1) does not limit the extent to which the environment Minister may consult with any other person or entity the Minister considers appropriate.
In this section—
publish , for a notice, means publish in a newspaper circulating generally in the State and publish in the gazette.
(sec.10-ssec.1) Before a part of the Cape York Peninsula Region is declared to be an area of international conservation significance, the environment Minister— must publish a notice that— identifies the area proposed to be declared; and invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and must consider the submissions given to the Minister under paragraph (a) (ii) ; and must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration.
(sec.10-ssec.2) A submission under subsection (1) (a) (ii) may be given to the environment Minister in the way the Minister considers appropriate.
(sec.10-ssec.3) Subsection (1) does not limit the extent to which the environment Minister may consult with any other person or entity the Minister considers appropriate.
(sec.10-ssec.4) In this section— publish , for a notice, means publish in a newspaper circulating generally in the State and publish in the gazette.
(a) must publish a notice that— (i) identifies the area proposed to be declared; and (ii) invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and
(i) identifies the area proposed to be declared; and
(ii) invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and
(b) must consider the submissions given to the Minister under paragraph (a) (ii) ; and
(c) must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration.
(i) identifies the area proposed to be declared; and
(ii) invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and
sec.11
Criteria for declaration
sec.11 Criteria for declaration
A regulation may declare a part of the Cape York Peninsula Region to be an area of international conservation significance only if the environment Minister—
has complied with section 10 (1) ; and
is satisfied that, based on an assessment of the part’s natural and cultural values, the part meets 1 or more of the criteria for inclusion on the World Heritage List established and kept under the World Heritage Convention.
The criteria may be viewed on the United Nations Educational, Scientific and Cultural Organization’s website at <whc.unesco.org/en/criteria>.
In this section—
World Heritage Convention see the Nature Conservation Act 1992 , schedule.
(sec.11-ssec.1) A regulation may declare a part of the Cape York Peninsula Region to be an area of international conservation significance only if the environment Minister— has complied with section 10 (1) ; and is satisfied that, based on an assessment of the part’s natural and cultural values, the part meets 1 or more of the criteria for inclusion on the World Heritage List established and kept under the World Heritage Convention. The criteria may be viewed on the United Nations Educational, Scientific and Cultural Organization’s website at <whc.unesco.org/en/criteria>.
(sec.11-ssec.2) In this section— World Heritage Convention see the Nature Conservation Act 1992 , schedule.
(a) has complied with section 10 (1) ; and
(b) is satisfied that, based on an assessment of the part’s natural and cultural values, the part meets 1 or more of the criteria for inclusion on the World Heritage List established and kept under the World Heritage Convention. Editor’s note— The criteria may be viewed on the United Nations Educational, Scientific and Cultural Organization’s website at <whc.unesco.org/en/criteria>.
sec.12
Minor amendment of boundary of area of international conservation significance
sec.12 Minor amendment of boundary of area of international conservation significance
A regulation may amend the boundary of an area of international conservation significance without section 10 (1) applying if—
the amendment is only to make a minor change to the boundary because of new information about the area’s natural and cultural values; and
the environment Minister has consulted with each person the Minister reasonably considers may have an interest in the area to be included or excluded from the area of international conservation significance under the proposed amendment.
(a) the amendment is only to make a minor change to the boundary because of new information about the area’s natural and cultural values; and
(b) the environment Minister has consulted with each person the Minister reasonably considers may have an interest in the area to be included or excluded from the area of international conservation significance under the proposed amendment.
pt.3
Indigenous community use areas
Indigenous community use areas
pt.3-div.1
Preliminary
Preliminary
sec.13
Purpose of pt 3
sec.13 Purpose of pt 3
The purpose of this part is to provide for the declaration of land in the Cape York Peninsula Region as an indigenous community use area.
pt.3-div.2
Declaration of indigenous community use areas
Declaration of indigenous community use areas
sec.14
Declaration
sec.14 Declaration
The Governor in Council may, by gazette notice, declare a part of the Cape York Peninsula Region that is Aboriginal land or DOGIT land to be an indigenous community use area.
The notice must describe the area for which the declaration is made.
s 14 amd 2014 No. 45 s 58 sch 1 pt 2
(sec.14-ssec.1) The Governor in Council may, by gazette notice, declare a part of the Cape York Peninsula Region that is Aboriginal land or DOGIT land to be an indigenous community use area.
(sec.14-ssec.2) The notice must describe the area for which the declaration is made.
sec.15
Consultation about declaration
sec.15 Consultation about declaration
Before a part of the Cape York Peninsula Region is declared to be an indigenous community use area, the vegetation management Minister must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration.
Subsection (1) does not limit the extent to which the vegetation management Minister may consult with any other person or entity the Minister considers appropriate.
(sec.15-ssec.1) Before a part of the Cape York Peninsula Region is declared to be an indigenous community use area, the vegetation management Minister must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration.
(sec.15-ssec.2) Subsection (1) does not limit the extent to which the vegetation management Minister may consult with any other person or entity the Minister considers appropriate.
sec.16
Criteria for declaration
sec.16 Criteria for declaration
The Governor in Council may declare a part of the Cape York Peninsula Region to be an indigenous community use area only if—
the landholder for the land the subject of the declaration has asked the vegetation management Minister, in writing, for the declaration to be made; and
the vegetation management Minister—
has complied with section 15 (1) ; and
is satisfied that the land has the potential to support agricultural, animal husbandry, aquacultural or grazing activities.
(a) the landholder for the land the subject of the declaration has asked the vegetation management Minister, in writing, for the declaration to be made; and
(b) the vegetation management Minister— (i) has complied with section 15 (1) ; and (ii) is satisfied that the land has the potential to support agricultural, animal husbandry, aquacultural or grazing activities.
(i) has complied with section 15 (1) ; and
(ii) is satisfied that the land has the potential to support agricultural, animal husbandry, aquacultural or grazing activities.
(i) has complied with section 15 (1) ; and
(ii) is satisfied that the land has the potential to support agricultural, animal husbandry, aquacultural or grazing activities.
pt.4
Matters about particular development in Cape York Peninsula Region
Matters about particular development in Cape York Peninsula Region
pt.4-div.1
Preliminary
Preliminary
sec.17
Purpose of pt 4
sec.17 Purpose of pt 4
The purpose of this part is to provide for how the vegetation management Minister may be satisfied, for the Vegetation Management Act 1999 , section 22A (2AA) , that development applied for under a vegetation clearing application is for a special indigenous purpose.
pt.4-div.2
Development for a special indigenous purpose
Development for a special indigenous purpose
sec.18
Development—generally
sec.18 Development—generally
The vegetation management Minister may be satisfied that development applied for under a vegetation clearing application is for a special indigenous purpose if—
the application is for proposed development on Aboriginal land or DOGIT land in the Cape York Peninsula Region; and
the application does not involve the clearing of native vegetation—
in an endangered regional ecosystem; or
in an of concern regional ecosystem; or
for the purpose of planting a high risk species, or trees to make woodchips for export; and
the vegetation management Minister is satisfied the proposed clearing for the development—
is of a minor nature; and
clearing a small area for subsistence farming
will not have a significant impact on the natural values of the area.
In considering the matters mentioned in subsection (1) (c) , the vegetation management Minister must have regard to any existing authorities, however called, for clearing vegetation on the land the subject of the vegetation clearing application.
s 18 amd 2014 No. 45 s 58 sch 1 pt 2
(sec.18-ssec.1) The vegetation management Minister may be satisfied that development applied for under a vegetation clearing application is for a special indigenous purpose if— the application is for proposed development on Aboriginal land or DOGIT land in the Cape York Peninsula Region; and the application does not involve the clearing of native vegetation— in an endangered regional ecosystem; or in an of concern regional ecosystem; or for the purpose of planting a high risk species, or trees to make woodchips for export; and the vegetation management Minister is satisfied the proposed clearing for the development— is of a minor nature; and clearing a small area for subsistence farming will not have a significant impact on the natural values of the area.
(sec.18-ssec.2) In considering the matters mentioned in subsection (1) (c) , the vegetation management Minister must have regard to any existing authorities, however called, for clearing vegetation on the land the subject of the vegetation clearing application.
(a) the application is for proposed development on Aboriginal land or DOGIT land in the Cape York Peninsula Region; and
(b) the application does not involve the clearing of native vegetation— (i) in an endangered regional ecosystem; or (ii) in an of concern regional ecosystem; or (iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and
(i) in an endangered regional ecosystem; or
(ii) in an of concern regional ecosystem; or
(iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and
(c) the vegetation management Minister is satisfied the proposed clearing for the development— (i) is of a minor nature; and Example of clearing of a minor nature— clearing a small area for subsistence farming (ii) will not have a significant impact on the natural values of the area.
(i) is of a minor nature; and Example of clearing of a minor nature— clearing a small area for subsistence farming
(ii) will not have a significant impact on the natural values of the area.
(i) in an endangered regional ecosystem; or
(ii) in an of concern regional ecosystem; or
(iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and
(i) is of a minor nature; and Example of clearing of a minor nature— clearing a small area for subsistence farming
(ii) will not have a significant impact on the natural values of the area.
sec.19
Development in indigenous community use area
sec.19 Development in indigenous community use area
The vegetation management Minister also may be satisfied that development applied for under a vegetation clearing application is for a special indigenous purpose if—
the application is for proposed development in an indigenous community use area; and
the application is accompanied by a plan (the property development plan) for the proposed development that includes all of the following information—
the extent and location of the proposed clearing for the development;
particulars of the development, including when it is expected to be completed;
evidence that there is no suitable alternative site for the development;
evidence that the development can not be carried out without the proposed clearing;
details about how adverse impacts of the proposed clearing will be minimised or mitigated;
details about how vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends;
the nature and extent of any other thing done or proposed to be done in addition to the development that has had, or may have, a beneficial impact on the natural values of the indigenous community use area or land in its vicinity;
details of a business plan, for activities related to the development, showing information about the viability of the activities; and
the application does not involve the clearing of native vegetation—
in an endangered regional ecosystem; or
in an of concern regional ecosystem; or
for the purpose of planting a high risk species, or trees to make woodchips for export; and
the vegetation management Minister is satisfied that, having regard to the property development plan—
the development is for agricultural, animal husbandry, aquacultural or grazing activities; and
the development is likely to be economically viable; and
the proposed clearing for the development is limited to the extent necessary to carry out the development; and
there is no suitable alternative site for the development, on the land the subject of the vegetation clearing application, that is reasonably available and would not require the clearing of native vegetation; and
vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; and
any other thing done or proposed to be done, as mentioned in paragraph (b) (vii) , is on balance beneficial to the natural values of the indigenous community use area or land in its vicinity; and
the development can not be carried out without the proposed clearing.
s 19 amd 2011 No. 40 s 3 ; 2014 No. 40 s 154 sch 1 pt 2
(a) the application is for proposed development in an indigenous community use area; and
(b) the application is accompanied by a plan (the property development plan) for the proposed development that includes all of the following information— (i) the extent and location of the proposed clearing for the development; (ii) particulars of the development, including when it is expected to be completed; (iii) evidence that there is no suitable alternative site for the development; (iv) evidence that the development can not be carried out without the proposed clearing; (v) details about how adverse impacts of the proposed clearing will be minimised or mitigated; (vi) details about how vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; (vii) the nature and extent of any other thing done or proposed to be done in addition to the development that has had, or may have, a beneficial impact on the natural values of the indigenous community use area or land in its vicinity; (viii) details of a business plan, for activities related to the development, showing information about the viability of the activities; and
(i) the extent and location of the proposed clearing for the development;
(ii) particulars of the development, including when it is expected to be completed;
(iii) evidence that there is no suitable alternative site for the development;
(iv) evidence that the development can not be carried out without the proposed clearing;
(v) details about how adverse impacts of the proposed clearing will be minimised or mitigated;
(vi) details about how vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends;
(vii) the nature and extent of any other thing done or proposed to be done in addition to the development that has had, or may have, a beneficial impact on the natural values of the indigenous community use area or land in its vicinity;
(viii) details of a business plan, for activities related to the development, showing information about the viability of the activities; and
(c) the application does not involve the clearing of native vegetation— (i) in an endangered regional ecosystem; or (ii) in an of concern regional ecosystem; or (iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and
(i) in an endangered regional ecosystem; or
(ii) in an of concern regional ecosystem; or
(iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and
(d) the vegetation management Minister is satisfied that, having regard to the property development plan— (i) the development is for agricultural, animal husbandry, aquacultural or grazing activities; and (ii) the development is likely to be economically viable; and (iii) the proposed clearing for the development is limited to the extent necessary to carry out the development; and (iv) there is no suitable alternative site for the development, on the land the subject of the vegetation clearing application, that is reasonably available and would not require the clearing of native vegetation; and (v) vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; and (vi) any other thing done or proposed to be done, as mentioned in paragraph (b) (vii) , is on balance beneficial to the natural values of the indigenous community use area or land in its vicinity; and (vii) the development can not be carried out without the proposed clearing.
(i) the development is for agricultural, animal husbandry, aquacultural or grazing activities; and
(ii) the development is likely to be economically viable; and
(iii) the proposed clearing for the development is limited to the extent necessary to carry out the development; and
(iv) there is no suitable alternative site for the development, on the land the subject of the vegetation clearing application, that is reasonably available and would not require the clearing of native vegetation; and
(v) vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; and
(vi) any other thing done or proposed to be done, as mentioned in paragraph (b) (vii) , is on balance beneficial to the natural values of the indigenous community use area or land in its vicinity; and
(vii) the development can not be carried out without the proposed clearing.
(i) the extent and location of the proposed clearing for the development;
(ii) particulars of the development, including when it is expected to be completed;
(iii) evidence that there is no suitable alternative site for the development;
(iv) evidence that the development can not be carried out without the proposed clearing;
(v) details about how adverse impacts of the proposed clearing will be minimised or mitigated;
(vi) details about how vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends;
(vii) the nature and extent of any other thing done or proposed to be done in addition to the development that has had, or may have, a beneficial impact on the natural values of the indigenous community use area or land in its vicinity;
(viii) details of a business plan, for activities related to the development, showing information about the viability of the activities; and
(i) in an endangered regional ecosystem; or
(ii) in an of concern regional ecosystem; or
(iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and
(i) the development is for agricultural, animal husbandry, aquacultural or grazing activities; and
(ii) the development is likely to be economically viable; and
(iii) the proposed clearing for the development is limited to the extent necessary to carry out the development; and
(iv) there is no suitable alternative site for the development, on the land the subject of the vegetation clearing application, that is reasonably available and would not require the clearing of native vegetation; and
(v) vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; and
(vi) any other thing done or proposed to be done, as mentioned in paragraph (b) (vii) , is on balance beneficial to the natural values of the indigenous community use area or land in its vicinity; and
(vii) the development can not be carried out without the proposed clearing.
pt.5
Committees
Committees
pt.5-div.1
Cape York Peninsula Regional Advisory Committee
Cape York Peninsula Regional Advisory Committee
sec.20
Establishment and functions
sec.20 Establishment and functions
The environment Minister and the vegetation management Minister must establish a committee (the Cape York Peninsula Regional Advisory Committee ) to advise the Ministers about—
matters relating to the declaration of—
areas of international conservation significance; and
indigenous community use areas; and
other matters the Ministers consider appropriate having regard to the objects of this Act, including, for example, land management.
(a) matters relating to the declaration of— (i) areas of international conservation significance; and (ii) indigenous community use areas; and
(i) areas of international conservation significance; and
(ii) indigenous community use areas; and
(b) other matters the Ministers consider appropriate having regard to the objects of this Act, including, for example, land management.
(i) areas of international conservation significance; and
(ii) indigenous community use areas; and
sec.21
Membership
sec.21 Membership
Subject to subsections (2) to (4) , the environment Minister and the vegetation management Minister may decide the membership of the regional advisory committee.
The vegetation management Minister is to appoint the chairperson of the regional advisory committee.
At least half the members of the regional advisory committee must be representatives of the indigenous people of the Cape York Peninsula Region.
The regional advisory committee must include at least—
2 persons the Ministers consider represent conservation interests; and
2 persons the Ministers consider represent the interests of persons engaged in grazing activities in the Cape York Peninsula Region; and
1 person the Ministers consider represents the interests of persons engaged in tourism activities in the region; and
1 person the Ministers consider represents the interests of persons engaged in mining activities in the region; and
1 person the Ministers consider represents the interests of local governments in the region.
(sec.21-ssec.1) Subject to subsections (2) to (4) , the environment Minister and the vegetation management Minister may decide the membership of the regional advisory committee.
(sec.21-ssec.2) The vegetation management Minister is to appoint the chairperson of the regional advisory committee.
(sec.21-ssec.3) At least half the members of the regional advisory committee must be representatives of the indigenous people of the Cape York Peninsula Region.
(sec.21-ssec.4) The regional advisory committee must include at least— 2 persons the Ministers consider represent conservation interests; and 2 persons the Ministers consider represent the interests of persons engaged in grazing activities in the Cape York Peninsula Region; and 1 person the Ministers consider represents the interests of persons engaged in tourism activities in the region; and 1 person the Ministers consider represents the interests of persons engaged in mining activities in the region; and 1 person the Ministers consider represents the interests of local governments in the region.
(a) 2 persons the Ministers consider represent conservation interests; and
(b) 2 persons the Ministers consider represent the interests of persons engaged in grazing activities in the Cape York Peninsula Region; and
(c) 1 person the Ministers consider represents the interests of persons engaged in tourism activities in the region; and
(d) 1 person the Ministers consider represents the interests of persons engaged in mining activities in the region; and
(e) 1 person the Ministers consider represents the interests of local governments in the region.
pt.5-div.2
Cape York Peninsula Region Scientific and Cultural Advisory Committee
Cape York Peninsula Region Scientific and Cultural Advisory Committee
sec.22
Establishment and functions
sec.22 Establishment and functions
The environment Minister and the vegetation management Minister must establish a committee (the Cape York Peninsula Region Scientific and Cultural Advisory Committee ) to advise the Ministers about—
matters relating to the natural and cultural values of land proposed to be—
an area of international conservation significance; or
an indigenous community use area; and
other matters the Ministers consider appropriate having regard to the objects of this Act.
(a) matters relating to the natural and cultural values of land proposed to be— (i) an area of international conservation significance; or (ii) an indigenous community use area; and
(i) an area of international conservation significance; or
(ii) an indigenous community use area; and
(b) other matters the Ministers consider appropriate having regard to the objects of this Act.
(i) an area of international conservation significance; or
(ii) an indigenous community use area; and
sec.23
Membership
sec.23 Membership
Subject to subsection (2) , the environment Minister and the vegetation management Minister may decide the membership of the scientific and cultural advisory committee.
The scientific and cultural advisory committee must include at least—
1 person the Ministers consider has relevant experience or expertise in matters relating to the environment; and
1 person the Ministers consider has relevant experience or expertise in matters relating to cultural heritage; and
1 person the Ministers consider has relevant experience or expertise in matters relating to the economy.
(sec.23-ssec.1) Subject to subsection (2) , the environment Minister and the vegetation management Minister may decide the membership of the scientific and cultural advisory committee.
(sec.23-ssec.2) The scientific and cultural advisory committee must include at least— 1 person the Ministers consider has relevant experience or expertise in matters relating to the environment; and 1 person the Ministers consider has relevant experience or expertise in matters relating to cultural heritage; and 1 person the Ministers consider has relevant experience or expertise in matters relating to the economy.
(a) 1 person the Ministers consider has relevant experience or expertise in matters relating to the environment; and
(b) 1 person the Ministers consider has relevant experience or expertise in matters relating to cultural heritage; and
(c) 1 person the Ministers consider has relevant experience or expertise in matters relating to the economy.
sec.24
Special provision about particular scientific purposes permit
sec.24 Special provision about particular scientific purposes permit
s 24 exp 30 June 2015 (see s 24(7))
pt.6
Miscellaneous
Miscellaneous
sec.25
Special provision about pastoral leases
sec.25 Special provision about pastoral leases
This section applies if a pastoral lease for land in the Cape York Peninsula Region is proposed to be surrendered under the Land Act 1994 .
The Minister administering the Land Act 1994 must, before the pastoral lease is surrendered—
consider the effect the surrender of the lease may have on the pastoral industry in the Cape York Peninsula Region; and
consider any regional and local planning strategies and policies relevant to the Cape York Peninsula Region; and
consult with the Minister administering the Biosecurity Act 2014 about the proposed surrender.
This section does not limit any provision of the Land Act 1994 about the surrender of a lease under that Act.
In this section—
pastoral lease means a term lease for pastoral purposes under the Land Act 1994 .
s 25 amd 2014 No. 7 s 578 s ch 4 pt 2
(sec.25-ssec.1) This section applies if a pastoral lease for land in the Cape York Peninsula Region is proposed to be surrendered under the Land Act 1994 .
(sec.25-ssec.2) The Minister administering the Land Act 1994 must, before the pastoral lease is surrendered— consider the effect the surrender of the lease may have on the pastoral industry in the Cape York Peninsula Region; and consider any regional and local planning strategies and policies relevant to the Cape York Peninsula Region; and consult with the Minister administering the Biosecurity Act 2014 about the proposed surrender.
(sec.25-ssec.3) This section does not limit any provision of the Land Act 1994 about the surrender of a lease under that Act.
(sec.25-ssec.4) In this section— pastoral lease means a term lease for pastoral purposes under the Land Act 1994 .
(a) consider the effect the surrender of the lease may have on the pastoral industry in the Cape York Peninsula Region; and
(b) consider any regional and local planning strategies and policies relevant to the Cape York Peninsula Region; and
(c) consult with the Minister administering the Biosecurity Act 2014 about the proposed surrender.
sec.26
Special provision about particular declaration under the Vegetation Management Act 1999
sec.26 Special provision about particular declaration under the Vegetation Management Act 1999
Despite the Vegetation Management Act 1999 , section 17 (1) (a) , the Governor in Council may declare relevant land to be an area of high nature conservation value under that section only if the landholder for the land has asked the vegetation management Minister, in writing, for the declaration to be made.
In this section—
relevant land means—
Aboriginal land; or
DOGIT land.
s 26 amd 2014 No. 45 s 58 sch 1 pt 2
(sec.26-ssec.1) Despite the Vegetation Management Act 1999 , section 17 (1) (a) , the Governor in Council may declare relevant land to be an area of high nature conservation value under that section only if the landholder for the land has asked the vegetation management Minister, in writing, for the declaration to be made.
(sec.26-ssec.2) In this section— relevant land means— Aboriginal land; or DOGIT land.
(a) Aboriginal land; or
(b) DOGIT land.
sec.27
Special provision about water reserve
sec.27 Special provision about water reserve
This section applies to a water plan made—
in relation to an area in the Cape York Peninsula Region; and
after the commencement of the section.
The water plan must provide for a reserve of water in the area to which the plan relates for the purpose of helping indigenous communities in the area achieve their economic and social aspirations.
In deciding the reserve for a water plan, the Minister administering the Water Act 2000 must consider the purposes of chapter 2 of that Act.
In this section—
water plan means a water plan under the Water Act 2000 .
s 27 amd 2011 No. 40 s 4 ; 2014 No. 40 s 154 sch 1 pt 2 ; 2014 No. 64 s 254 sch 1
(sec.27-ssec.1) This section applies to a water plan made— in relation to an area in the Cape York Peninsula Region; and after the commencement of the section.
(sec.27-ssec.2) The water plan must provide for a reserve of water in the area to which the plan relates for the purpose of helping indigenous communities in the area achieve their economic and social aspirations.
(sec.27-ssec.3) In deciding the reserve for a water plan, the Minister administering the Water Act 2000 must consider the purposes of chapter 2 of that Act.
(sec.27-ssec.4) In this section— water plan means a water plan under the Water Act 2000 .
(a) in relation to an area in the Cape York Peninsula Region; and
(b) after the commencement of the section.
sec.27A
Prohibition on, and dealing with applications for, grant of mining interest in relation to particular land
sec.27A Prohibition on, and dealing with applications for, grant of mining interest in relation to particular land
This section applies in relation to the following land (the protected land )—
lot 3 on SP189937;
lots 4, 18 and 20 on SP189951;
lot 153 on SP288864.
A mining interest may not be granted in relation to the protected land.
A person may not apply for the grant of a mining interest in relation to the protected land.
If an application for the grant of a mining interest in relation to the protected land was made, but not decided, before the commencement, the application—
is taken to have been withdrawn by the applicant on the commencement; and
can not be further dealt with.
This section applies despite the provisions of any other Act.
In this section—
grant , of a mining interest, includes the renewal of a mining interest.
mineral see the Mineral Resources Act 1989 , section 6 .
mining interest means a lease, licence, permit, claim or other authority under any of the following—
the Geothermal Energy Act 2010 ;
the Greenhouse Gas Storage Act 2009 ;
the Mineral Resources Act 1989 ;
the Petroleum Act 1923 ;
the Petroleum and Gas (Production and Safety) Act 2004 ;
another Act relating to mining for minerals, petroleum or natural gas.
natural gas see the Petroleum Act 1923 , section 2 .
petroleum see the Petroleum and Gas (Production and Safety) Act 2004 , section 10 .
s 27A ins 2019 No. 7 s 19
(sec.27A-ssec.1) This section applies in relation to the following land (the protected land )— lot 3 on SP189937; lots 4, 18 and 20 on SP189951; lot 153 on SP288864.
(sec.27A-ssec.2) A mining interest may not be granted in relation to the protected land.
(sec.27A-ssec.3) A person may not apply for the grant of a mining interest in relation to the protected land.
(sec.27A-ssec.4) If an application for the grant of a mining interest in relation to the protected land was made, but not decided, before the commencement, the application— is taken to have been withdrawn by the applicant on the commencement; and can not be further dealt with.
(sec.27A-ssec.5) This section applies despite the provisions of any other Act.
(sec.27A-ssec.6) In this section— grant , of a mining interest, includes the renewal of a mining interest. mineral see the Mineral Resources Act 1989 , section 6 . mining interest means a lease, licence, permit, claim or other authority under any of the following— the Geothermal Energy Act 2010 ; the Greenhouse Gas Storage Act 2009 ; the Mineral Resources Act 1989 ; the Petroleum Act 1923 ; the Petroleum and Gas (Production and Safety) Act 2004 ; another Act relating to mining for minerals, petroleum or natural gas. natural gas see the Petroleum Act 1923 , section 2 . petroleum see the Petroleum and Gas (Production and Safety) Act 2004 , section 10 .
(a) lot 3 on SP189937;
(b) lots 4, 18 and 20 on SP189951;
(c) lot 153 on SP288864.
(a) is taken to have been withdrawn by the applicant on the commencement; and
(b) can not be further dealt with.
(a) the Geothermal Energy Act 2010 ;
(b) the Greenhouse Gas Storage Act 2009 ;
(c) the Mineral Resources Act 1989 ;
(d) the Petroleum Act 1923 ;
(e) the Petroleum and Gas (Production and Safety) Act 2004 ;
(f) another Act relating to mining for minerals, petroleum or natural gas.
sec.28
Delegation by Minister
sec.28 Delegation by Minister
A Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.
In this section—
appropriately qualified , for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.
a person’s classification level in the public service
(sec.28-ssec.1) A Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.
(sec.28-ssec.2) In this section— appropriately qualified , for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. a person’s classification level in the public service
sec.29
Regulation-making power
sec.29 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.7
Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016
Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016
sec.30
Continuing application of pt 4 to existing vegetation clearing application
sec.30 Continuing application of pt 4 to existing vegetation clearing application
Part 4 continues to apply in relation to an existing vegetation clearing application as if the application were a vegetation clearing application.
In this section—
existing vegetation clearing application means a vegetation clearing application—
as defined in the schedule immediately before the commencement; and
to which the Planning Act 2016 , section 288 applies.
s 30 ins 2016 No. 27 s 123
(sec.30-ssec.1) Part 4 continues to apply in relation to an existing vegetation clearing application as if the application were a vegetation clearing application.
(sec.30-ssec.2) In this section— existing vegetation clearing application means a vegetation clearing application— as defined in the schedule immediately before the commencement; and to which the Planning Act 2016 , section 288 applies.
(a) as defined in the schedule immediately before the commencement; and
(b) to which the Planning Act 2016 , section 288 applies.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introduction and objects of Act
Introduction and objects of Act
sec.1 Short title
sec.1 Short title
This Act may be cited as the Cape York Peninsula Heritage Act 2007 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Objects of Act
sec.3 Objects of Act
The objects of this Act are—
to identify significant natural and cultural values of Cape York Peninsula; and
to provide for cooperative management, protection and ecologically sustainable use of land, including pastoral land, in the Cape York Peninsula Region; and
to recognise the economic, social and cultural needs and aspirations of indigenous communities in relation to land use in the Cape York Peninsula Region; and
to recognise the contribution of the pastoral industry in the Cape York Peninsula Region to the economy and land management in the region.
(a) to identify significant natural and cultural values of Cape York Peninsula; and
(b) to provide for cooperative management, protection and ecologically sustainable use of land, including pastoral land, in the Cape York Peninsula Region; and
(c) to recognise the economic, social and cultural needs and aspirations of indigenous communities in relation to land use in the Cape York Peninsula Region; and
(d) to recognise the contribution of the pastoral industry in the Cape York Peninsula Region to the economy and land management in the region.
sec.4 How objects are primarily achieved
sec.4 How objects are primarily achieved
The objects are to be achieved primarily by providing for—
the declaration of areas of international conservation significance; and
the cooperative involvement of landholders in the management of the natural and cultural values of Cape York Peninsula; and
the continuance of an environmentally sustainable pastoral industry as a form of land use in the Cape York Peninsula Region; and
the declaration of indigenous community use areas in which indigenous communities may undertake appropriate economic activities; and
the establishment of committees to advise the environment Minister and vegetation management Minister about particular matters under this Act.
(a) the declaration of areas of international conservation significance; and
(b) the cooperative involvement of landholders in the management of the natural and cultural values of Cape York Peninsula; and
The Act also contains provisions affecting other interests: a mechanism for the Minister responsible for the Land Act to consider pastoral-surrender consequences (s 25), a special consent rule under the Vegetation Management Act requiring a landholder request for declaration of "high nature conservation value" on Aboriginal or DOGIT land (s 26), a statutory requirement to provide a water reserve in water plans for the Region to help indigenous communities (s 27), an absolute statutory prohibition on granting or applying for mining interests over specified lots (s 27A), delegation of ministerial powers to appropriately qualified public servants (s 28), and a broad regulation‑making power (s 29). The Act binds all persons (s 5). Mechanically, enforcement is primarily by regulation, declaration and administrative decision-making rather than by prescriptive criminal penalties in this text; the Act also interacts substantively with the Vegetation Management Act 1999, Land Act 1994, Water Act 2000 and mining and petroleum statutes identified in s 27A.
Main concepts
The Act consistently blends three core concepts: statutory declaration of special land statuses, constrained ministerial decision‑making subject to consultation and criteria, and tailored treatment of indigenous land uses and pastoral interests.
Declarations as a regulatory tool: The Act uses two declaration forms. A regulation may declare an "area of international conservation significance" (s 9). Such a declaration must describe the area and state its significant natural and cultural values (s 9) and can be made only after the processes of notice, submissions and committee consultation (s 10) and only if the environment Minister is satisfied the area meets one or more World Heritage criteria (s 11). For indigenous community use areas the power is exercised by Governor in Council by gazette notice and is limited to Aboriginal land or DOGIT land (s 14). Declarations alter the statutory status of land and thereby shape subsequent development and consent decisions.
Consultation and prescribed processes: The Act prescribes procedural constraints that are part of the legal mechanics. For international conservation declarations the environment Minister must publish a notice in a Gazette and a newspaper circulating generally in the State, allow at least 28 days for submissions, consider those submissions, and consult with the regional advisory committee and the scientific and cultural advisory committee (s 10). For indigenous community use areas the vegetation management Minister must consult the same committees before a declaration (s 15). The Act also allows limited "minor" boundary amendments without the full s 10 process provided there is consultation with persons the Minister reasonably considers may have an interest (s 12).
Indigenous land use and "special indigenous purpose" as a distinct clearance pathway: The Act creates a separate standard for vegetation clearing applications asserted to be for a special indigenous purpose. For Aboriginal land or DOGIT land, the vegetation management Minister may be satisfied that proposed development is for a special indigenous purpose if specified conditions are met, including exclusions for endangered and "of concern" regional ecosystems and high risk planting, and that the clearing is of a minor nature and will not significantly impact natural values (s 18). For development within declared indigenous community use areas the test is more structured: the application must be accompanied by a detailed property development plan (s 19(1)(b)) and the Minister must be satisfied of a set of matters including economic viability, necessity for clearing, rehabilitation, and minimisation of adverse impacts (s 19(2)).
Institutional channels: Two advisory committees must be established , the Cape York Peninsula Regional Advisory Committee (ss 20-21) and the Cape York Peninsula Region Scientific and Cultural Advisory Committee (ss 22-23). Membership requirements are concrete: at least half the regional advisory committee must be indigenous representatives (s 21(3)), and the regional committee must include specified numbers representing conservation, grazing, tourism, mining and local government interests (s 21(4)). The scientific and cultural committee must include at least persons with relevant expertise in environment, cultural heritage and the economy (s 23(2)).
Interplay with other statutory regimes: The Act explicitly references and limits interactions with other Acts. It operates in the context of the Vegetation Management Act 1999 (s 17 purposive link; s 26 imposes a landholder-request requirement for certain declarations under that Act), the Land Act 1994 for pastoral lease surrenders (s 25), the Water Act 2000 for water plans (s 27), and a suite of mining, petroleum and related Acts listed in s 27A which are relevant to the prohibition on mining interests in particular lots. The Act thereby creates a framework of tailored exceptions, conditions and cross‑agency consultation.
Who it affects
The Act affects a set of identifiable groups and interests within the Cape York Peninsula Region:
Indigenous landholders and communities: The Act explicitly recognises indigenous communities’ economic, social and cultural needs and aspirations (s 3(c)). Indigenous people are central to the composition of the regional advisory committee (at least half the members must represent indigenous people, s 21(3)) and to the special treatment afforded to Aboriginal land and DOGIT land. Only Aboriginal land or DOGIT land may be declared indigenous community use areas (s 14). Further, several operative permissions and declarations require a landholder to request the declaration in writing (s 16; s 26). The Act also requires water plans for the Region to provide a reserve of water to help indigenous communities achieve economic and social aspirations (s 27).
Pastoral industry and landholders: The Act recognises the contribution of the pastoral industry (s 3(d)). Section 4 explicitly says continuance of an environmentally sustainable pastoral industry is an object. Section 25 imposes a pre-surrender process for pastoral lease surrender under the Land Act 1994 that requires the Minister to consider the effect the surrender may have on the pastoral industry and to consult the Minister administering the Biosecurity Act 2014. Pastoral leaseholders proposing surrender must therefore expect extra administrative consideration before the Land Act processes conclude.
Developers and proponents of vegetation clearing: Vegetation clearing applications on Aboriginal land, DOGIT land and in indigenous community use areas are subject to the specific decision rules in Pt 4 (ss 17-19). Proponents are affected by the exclusions (no clearing in endangered or "of concern" regional ecosystems, no planting of high risk species, no clearing for woodchip plantations) and by the property development plan requirements where an indigenous community use area is involved (s 19).
Mining and resource sector: Section 27A imposes a statutory prohibition on granting or applying for mining interests over four specific lots (listed at s 27A(1)). Any pending applications for those lots are taken to have been withdrawn and cannot be further dealt with (s 27A(4)). Mining and petroleum industry stakeholders with interests or options overlapping those lots will be directly affected.
Conservation bodies, local government, tourism and other regional stakeholders: The regional advisory committee must include representatives from conservation, grazing, tourism, mining and local governments (s 21(4)). The environment Minister and vegetation management Minister must consult the committees regarding proposed declarations (ss 10, 15), so these groups have a formal advice channel into decision-making processes. Conservation NGOs and local governments should be aware the Act gives statutory weight to committee consultation requirements.
State agencies and Ministers: The environment Minister and vegetation management Minister have a range of decision-making and procedural duties, including establishing committees (ss 20, 22), publishing notices (s 10), consulting committees and considering submissions (ss 10, 15). The Act also requires other Ministers to be consulted in particular contexts (s 25 requires consultation with the Minister administering the Biosecurity Act 2014). The Ministers may delegate powers to appropriately qualified public servants (s 28), which affects internal agency allocation of responsibilities.
Holders and applicants under other Acts: Because the Act interacts with the Vegetation Management Act 1999 (s 17 link; s 26 special provision), the Land Act 1994 (s 25), the Water Act 2000 (s 27), and mining and hydrocarbon statutes listed in s 27A, holders of rights or applicants under those Acts must take account of this Act’s procedural and substantive constraints. The Act can modify or remove options otherwise available under those statutes (for example the absolute prohibition in s 27A applies "despite the provisions of any other Act", s 27A(5)).
Key duties and rights
The Act assigns defined duties to ministers and sets particular rights and procedural entitlements for stakeholders. Below are the principal duties, rights and conditions set out in the text.
Ministerial duties when declaring international conservation areas: Before declaring an area of international conservation significance, the environment Minister must publish a notice identifying the proposed area and invite submissions within at least 28 days; must consider submissions; and must consult the regional advisory committee and the scientific and cultural advisory committee (s 10(1)(a)-(c)). The regulation making the declaration must describe the area and state its significant natural and cultural values (s 9). The environment Minister must be satisfied, after assessment, that the part meets one or more World Heritage List criteria as established under the World Heritage Convention (s 11(1)(b)).
Procedural rights of interested persons: Persons who "may have an interest" in a proposed international declaration have a statutory right to be invited to make submissions and to have those submissions considered (s 10(1)(a)(ii)-(b)). Submissions may be made in the manner the Minister considers appropriate (s 10(2)). For minor boundary amendments (s 12), the Minister must consult each person the Minister reasonably considers may have an interest in the area to be included or excluded.
Duties regarding indigenous community use area declarations: The Governor in Council may declare a part of the Region that is Aboriginal land or DOGIT land to be an indigenous community use area (s 14). Before that, the vegetation management Minister must consult the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration (s 15). Substantively, the Governor in Council may declare only where the landholder has asked the vegetation management Minister in writing for the declaration and the Minister is satisfied the land has potential to support agricultural, animal husbandry, aquacultural or grazing activities, and consultation (s 16).
Duties and constraints on vegetation clearing approvals: The vegetation management Minister has defined tests for being satisfied that clearing is for a "special indigenous purpose". For development generally on Aboriginal land or DOGIT land the application must not involve clearing in endangered or "of concern" regional ecosystems, or for high risk species/woodchip trees, and the Minister must be satisfied the proposed clearing is minor and will not have a significant impact (s 18). For development within indigenous community use areas there is a prescriptive list of information that must accompany the application as a property development plan (s 19(1)(b)(i)-(viii)), and the Minister must be satisfied of a set of matters including economic viability, necessity, rehabilitation, limited extent and that the development cannot be carried out without the proposed clearing (s 19(2)(a)-(d)).
Rights of landholders: Where the Vegetation Management Act 1999 would otherwise allow the Governor in Council to declare land an "area of high nature conservation value", s 26 imposes a special requirement that the landholder for Aboriginal land or DOGIT land must have asked the vegetation management Minister in writing before that declaration can be made. Similarly, a landholder must ask the vegetation management Minister in writing for an indigenous community use area (s 16(a)).
Ministerial consultation and committee duties: The environment Minister and vegetation management Minister must establish two committees and have continuing obligations to consult them in relation to declarations (ss 20-23; ss 10, 15). The vegetation management Minister appoints the regional advisory committee’s chair (s 21(2)) and the committees must include members with specified representation and expertise (ss 21(3)-(4); 23(2)).
Delegation and administrative execution: Ministers may delegate powers under the Act to appropriately qualified public servants (s 28). The Act defines "appropriately qualified" in terms of qualifications, experience or standing and notes that public service classification level may be a relevant indicator (s 28(2)). Delegation affects who exercises decision-making authority and who is accountable in practice.
Rights curtailed by absolute prohibition: Section 27A removes an applicant’s right to apply for, and a Minister’s power to grant, a mining interest in specified lots. It also treats any pending but undecided application as withdrawn and incapable of further dealing (s 27A(3)-(4)). The section applies "despite the provisions of any other Act" (s 27A(5)), making the prohibition operationally absolute in the statutory scheme.
Regulation-making power and binding effect: The Governor in Council may make regulations under the Act (s 29). The Act binds all persons including the State and, to the extent permitted by constitutional power, the Commonwealth and other States (s 5).
The Act therefore lays out a structured set of duties for Ministers and procedural rights for stakeholders, with particular emphasis on consultation, landholder initiation for certain declaratory statuses, and preconditions for vegetation clearing approvals on indigenous lands.
Penalties and enforcement
This text of the Act contains few express penal provisions. Enforcement relies principally on declaratory prohibitions, administrative decision-making and interaction with other statutory regimes. The following enforcement-related features are present in the Act text and should be treated as the operative mechanisms by which compliance and non‑compliance are managed.
Statutory prohibition with immediate effect (s 27A): The clearest enforcement mechanism in the Act is the absolute prohibition on granting or applying for mining interests over the specified lots (s 27A(2)-(3)). Section 27A(4) treats any pending application for those lots that was made but not decided before commencement as withdrawn and incapable of further dealing. Section 27A(5) says the section applies despite the provisions of any other Act. The prohibition therefore operates as an immediate, statutory bar that removes rights under mining and petroleum statutes identified in s 27A(6)-(7).
Administrative gating via conditions and satisfaction tests (ss 9-12, 16-19): The Act enforces substantive limitations on development through the conditions Ministers must be satisfied of before granting permissions or making declarations. For example, a regulation declaring an area of international conservation significance must include a description and statement of values (s 9), and the environment Minister must comply with s 10 consultation obligations and be satisfied the part meets World Heritage criteria (s 11). For vegetation clearing on Aboriginal land or DOGIT land, the vegetation management Minister must be satisfied the clearing is minor and not in excluded ecosystems (s 18). For indigenous community use area clearances, an extensive property development plan and Ministerial satisfaction of necessity, viability and rehabilitation are required (s 19). These are gating conditions enforced via administrative refusal or approval.
Procedural obligations with potential legal consequences: Several procedural obligations are mandatory (for example, s 10 requires publication and consultation before an international conservation declaration). Failure by Ministers to follow mandatory procedures may give rise to administrative law remedies (judicial review) though the Act does not itself prescribe civil penalties for such failures. The Act gives rights to make submissions and obliges the Minister to consider them (s 10(1)(a)(ii)-(b)), which creates procedural entitlements that can be relied on in disputes.
Interaction with other Acts and regimes for enforcement: The Act does not itself set out offence provisions for unauthorised vegetation clearing or other breaches; those enforcement regimes remain primarily in other statutes such as the Vegetation Management Act 1999, Land Act 1994, Mineral Resources Act 1989 and relevant petroleum Acts referred to in s 27A. The Act’s prohibitions and declaratory statuses will affect the operation of those other statutes (for example, a declaration of an area of international conservation significance may affect what approvals are available under other Acts). Section 27A expressly displaces contrary provisions in other Acts in relation to the specified land.
Delegation and administrative execution: Because Ministers may delegate powers under the Act to "appropriately qualified" public servants (s 28), enforcement and decision-taking will typically be executed through delegated officers. That raises practical enforcement considerations such as correct delegation instruments, the qualifications of delegatees and administrative oversight, but the Act does not provide additional penalty instruments tied to delegation.
In short, the Act enforces its controls mainly through procedural preconditions, declaratory statuses and absolute statutory prohibitions (notably s 27A). The Act does not add a catalogue of new criminal penalties within its own text; enforcement of unauthorised activity continues to be handled under the other Acts that regulate vegetation clearing, mining, land tenure and biosecurity.
How it interacts with other laws
The Act is constructed to function in a regulatory ecology alongside several identified statutes and the machinery of environmental, land and resource administration. The key interactions are explicit in the text.
Vegetation Management Act 1999: The Act’s Pt 4 is expressly purposively linked to the Vegetation Management Act 1999. Section 17 states the purpose of Pt 4 is to provide for how the vegetation management Minister may be satisfied, for Vegetation Management Act s 22A(2AA), that development in a vegetation clearing application is for a special indigenous purpose. Section 26 modifies the operation of Vegetation Management Act s 17(1)(a) in respect of "relevant land" (Aboriginal land or DOGIT land) by requiring a landholder request before the Governor in Council may declare land an "area of high nature conservation value". The Act therefore constrains and supplements the Vegetation Management Act where Aboriginal land or DOGIT land is concerned.
Land Act 1994: Section 25 operates in the context of the Land Act 1994: if a pastoral lease in the Region is proposed to be surrendered under the Land Act, the Minister administering the Land Act must consider the surrender’s effect on the pastoral industry, consider regional and local planning strategies, and consult the Minister administering the Biosecurity Act 2014 before the surrender (s 25(2)). The section explicitly does not limit any provision of the Land Act about surrender, but it imposes additional pre-surrender duties.
Water Act 2000: Section 27 requires any water plan made for an area in the Cape York Peninsula Region after the commencement of s 27 to provide for a reserve of water in the area to help indigenous communities achieve economic and social aspirations. The Minister administering the Water Act 2000 must consider the purposes of chapter 2 of that Act when deciding the reserve (s 27(3)). This creates an embedded prioritisation for indigenous uses within water planning for the Region.
Mining and petroleum statutes: Section 27A lists a set of Acts under which "mining interests" might otherwise be granted and makes a statutory prohibition on granting or applying for mining interests on specifically identified lots (s 27A(2)-(3)). The listed Acts include the Geothermal Energy Act 2010, Greenhouse Gas Storage Act 2009, Mineral Resources Act 1989, Petroleum Act 1923, Petroleum and Gas (Production and Safety) Act 2004 and "another Act relating to mining for minerals, petroleum or natural gas" (s 27A(6)). The section operates "despite the provisions of any other Act" (s 27A(5)), thereby displacing conflicting provisions in other statutes for those lots.
Ministerial delegation and public service instruments: Section 28 allows Ministers to delegate powers under the Act to appropriately qualified public servants. That means some decision-making functions will be exercised under delegation, which has implications for how procedural requirements under the Act are performed alongside administrative law obligations under general administrative law.
Regulations: The Governor in Council has a regulation‑making power under s 29. The Act itself delegates the legislative instrument form for declarations of international conservation significance to regulations (s 9: "A regulation may declare..."), and the designated map used to define the Region may be prescribed by regulation (s 7). Therefore the detailed contours of implementation can be shaped by subordinate legislation.
Transitional interaction with the Planning Act 2016: Section 30 provides that Pt 4 continues to apply to existing vegetation clearing applications as if they were vegetation clearing applications where the application falls within the transitional definition that was in the schedule immediately before the commencement and to which Planning Act s 288 applies. This ensures continuity of the Pt 4 rules across legislative reform in planning law.
The Act therefore does not operate in isolation. It conditions, displaces in part, and supplements other statutes. Practically, decisions taken under this Act will be made in the context of concurrent powers and duties under the Vegetation Management Act, Land Act, Water Act and the statutory regimes controlling exploration and extraction. Parties operating in the Region must map their rights and obligations across these instruments.
Amendment history
The Act text includes explicit amendment annotations within the sections, which indicate several legislative changes and insertions. The source supplied shows the following changes recorded in the text (each annotation identifies the section and the amending instrument where given):
s 7 (Meaning of Cape York Peninsula Region): has amendment notes "s 7 amd 2013 No. 23 s 35; 2020 No. 9 s 4". The structure of s 7 in the supplied text includes multiple subsections and an editor’s note reference to designated map and natural resources department. These annotations indicate the definitions and the designated map arrangements were amended in 2013 and 2020.
s 18 (Development,generally): contains amendment note "s 18 amd 2014 No. 45 s 58 sch 1 pt 2" and within the text another note "s 18 amd 2014 No. 45" indicating the content of s 18 was altered by a 2014 instrument. The supplied text also shows an amendment reference to "2014 No. 40 s 154 sch 1 pt 2" in relation to s 19; s 18 appears to have been revised during 2014 legislative changes.
s 19 (Development in indigenous community use area): amendment notes show "s 19 amd 2011 No. 40 s 3; 2014 No. 40 s 154 sch 1 pt 2", indicating changes in 2011 and further amendments in 2014 that expanded or otherwise altered the property development plan requirements and the Minister’s satisfaction criteria.
s 24 (Special provision about particular scientific purposes permit): contains an expiry notation "s 24 exp 30 June 2015 (see s 24(7))". The substance of s 24 is not present (presumably expired); the annotation indicates a temporary provision that lapsed on 30 June 2015.
s 25 (Special provision about pastoral leases): amendment note "s 25 amd 2014 No. 7 s 578 sch 4 pt 2" shows that s 25 was amended in 2014.
s 26 (Special provision about particular declaration under the Vegetation Management Act 1999): amendment notes "s 26 amd 2014 No. 45 s 58 sch 1 pt 2" indicate revision in 2014.
s 27 (Special provision about water reserve): amendment notes "s 27 amd 2011 No. 40 s 4; 2014 No. 40 s 154 sch 1 pt 2; 2014 No. 64 s 254 sch 1" indicate multiple amendments across 2011 and 2014.
s 27A (Prohibition on, and dealing with applications for, grant of mining interest in relation to particular land): this section is marked "s 27A ins 2019 No. 7 s 19", indicating insertion in 2019 by No. 7 s 19.
s 28 (Delegation by Minister): the section shows no explicit amendment note apart from the substantive definition of "appropriately qualified" including public service classification level.
s 30 (Transitional provision): "s 30 ins 2016 No. 27 s 123" indicates s 30 was inserted in 2016 to deal with transitional arrangements following the Planning Act 2016 reforms.
These annotations provide a partial legislative timeline: the Act has been amended in 2011, 2013, 2014, 2016, 2019 and 2020 according to the notes attached to sections. The 2014 set of amendments appears significant, altering both Pt 4 development tests and other provisions. The insertion of s 27A in 2019 is a substantive change with a concrete prohibition on mining interests in defined lots.
No further amendment history is recorded in the supplied text beyond those in-section annotations. For a complete and authoritative chronological amendment history, the consolidated Act on the official Queensland legislation website and the amendment acts themselves should be consulted. The in-text notes, however, provide a guide to the major points at which the Act’s substantive orientation was adjusted, particularly in relation to vegetation management and indigenous community development pathways.
Litigation history
The supplied Act text contains no case citations, no recorded judicial decisions and no explicit litigation summary. The schedule and sections do not list litigation outcomes or appellate history. Therefore the Act’s text, as provided, does not record any judicial treatment or decided disputes under its provisions. That said, the Act’s structural features suggest potential categories of legal challenge that practitioners should recognise, based on the Act’s mandatory procedures and the Ministerial satisfaction tests it contains.
Administrative law challenges to procedural compliance: Sections that mandate publication, invitation for submissions and consideration of submissions (s 10) create enforceable procedural rights. A stakeholder who asserts they had an interest in a proposed international conservation declaration could challenge a Minister’s failure to publish, to invite submissions for at least 28 days, to consider submissions or to consult the advisory committees where those duties are mandatory. Similar procedural consultation duties exist for indigenous community use area declarations (s 15). Procedural non‑compliance can be a ground for judicial review on the usual administrative law bases of jurisdictional error or failure to follow statutory procedure.
Challenges to the substance of Ministerial satisfaction: The Act requires Ministers to be "satisfied" of particular matters before making key decisions (for example, environment Minister must be satisfied the area meets World Heritage criteria, s 11; vegetation management Minister must be satisfied of the minor nature and non‑significant impact or, in indigenous community use areas, of economic viability, necessity and rehabilitation, s 19). The subjective statutory phrase "is satisfied" does not negate reviewability; courts typically review whether the decision-maker had reasonable grounds, took into account relevant considerations and did not consider irrelevant ones. Disputes could therefore centre on the material basis for satisfaction, the adequacy of assessment evidence and weight given to submissions or committee advice.
Conflicts and displacement with other Acts: Section 27A expressly removes rights to apply for mining interests over specified lots "despite the provisions of any other Act" and treats pending applications as withdrawn. Affected rights holders could challenge lawfulness on separation of powers grounds, treaty obligations, or other constitutional or statutory grounds in narrow circumstances. The Act itself makes the intended prohibition plain and self-contained, but litigation risks in practice may arise where retrospective withdrawal of rights affects vested interests.
Delegation, fairness and decision‑maker qualifications: Because s 28 permits delegation to "appropriately qualified" public servants, litigation could engage the validity of a decision where delegation instruments were defective or the delegate lacked the necessary qualification or authority, or where natural justice concerns arise from delegation.
The supplied text does not reveal whether any of these theoretical challenges have materialised. The absence of recorded litigation in the provided material means that reviews of publicly available case law repositories and Queensland Law Reports would be necessary to identify any actual litigation history. Practitioners should therefore treat litigation history as unknown on the basis of this source and plan for judicial review risks in any procedural or substantive dispute under the Act’s provisions.
Gotchas
The Act contains several specific procedural, substantive and drafting points that can produce practical surprises for stakeholders. These are concrete mechanisms to watch for rather than policy judgements.
Declarations may be effected by regulation (s 9) and may be made despite overlapping rights: For areas of international conservation significance the Act contemplates regulation as the instrument of declaration (s 9). Regulations can have broad and immediate effect. Also, s 27A makes clear statutory prohibitions may be enacted that apply "despite the provisions of any other Act" (s 27A(5)). Parties should not assume that overlapping rights under other statutes will protect them from special prohibitions imposed by this Act or subordinate instruments.
The procedural default for international conservation declarations is public notice plus minimum 28 days for submissions (s 10) but "publish" requires newspaper and Gazette publication: The Act’s definition of "publish" in s 10(4) requires both publication in a newspaper circulating generally in the State and publication in the gazette. Interested parties should not rely on online notice alone; the statutory formula is specific.
"Minor" boundary amendments can be made without the full s 10 process (s 12): The environment Minister can amend the boundary of an international conservation area without applying s 10 where the amendment is "only to make a minor change" because of new information and the Minister has consulted persons the Minister reasonably considers may have an interest. That narrower process can produce outcomes with reduced public notice. The term "minor" is not defined in the Act, so its application will be fact‑sensitive and potentially contestable.
Landholder initiation is required for key declarations affecting Aboriginal land or DOGIT land (ss 16, 26): Two provisions require written landholder requests before action can be taken,indigenous community use area declarations (s 16(a)) and certain high nature conservation value declarations under the Vegetation Management Act as modified by s 26. That direct control by landholders means landholders effectively have a veto over some declarations; conversely, landholders who do not understand they must request action may be excluded from opportunities such as formal indigenous community use area status.
The property development plan checklist is prescriptive and exhaustive (s 19(1)(b)): For development within an indigenous community use area the property development plan must include a list of required items (extent/location of clearing; particulars and timetable; evidence no suitable alternative; evidence the development cannot be carried out without clearing; mitigation/rehabilitation details; beneficial activities; business plan). Omitting any required element risks non‑satisfaction by the vegetation management Minister and refusal or delay.
Exclusions for regional ecosystem status: Both s 18 and s 19 exclude clearing in endangered regional ecosystems or "of concern" regional ecosystems, and exclude clearing for the purpose of planting high risk species or trees to make woodchips for export. Proponents must map and verify ecosystem classifications and cannot rely on general claims of minor impact where ecosystem status precludes clearing.
Water planning must include a reserve to assist indigenous communities (s 27): Water plans made after s 27 commenced must provide for a reserve to help indigenous communities achieve economic and social aspirations. This can affect water availability calculations and allocation priorities in water plans for the Region.
Absolute mining ban on specified lots, with retrospective withdrawal of pending applications (s 27A): Section 27A not only prevents future applications and grants for mining interests over the specified lots, it also treats any pending undecided application as withdrawn and prohibits further dealing. That retroactive-style operation materially affects applicants and investors in those specific lots and is stated to apply despite other Acts.
Delegation to "appropriately qualified" persons leaves room for administrative variation (s 28): Ministers may delegate powers to public servants who appear to have the qualifications, experience or standing appropriate to exercise the power. The Act’s flexible standard can mean decisions are made by non-elected officials; parties should identify delegates and the delegation instrument in practice.
The Act relies on committees for advice but gives Ministers discretion on membership and functions (ss 20-23): The Act requires establishment of two committees and mandates minimum membership composition, but it also allows the Ministers to decide membership subject to statutory minima (s 21(1); s 23(1)). The Ministers also decide functions beyond the statutory core (ss 20, 22). Stakeholders should therefore engage with committees early but also recognise ministerial discretion over appointments and remit.
Transitional treatment of existing vegetation clearing applications may produce overlaps with planning reforms (s 30): Section 30 ensures Pt 4 continues to apply to certain existing vegetation clearing applications tied to the Planning Act 2016 transitional provisions; practitioners handling applications spanning legislative change should track which rules govern their application.
How to comply
The Act lays out clear procedural steps and substantive preconditions. Below is a practical compliance checklist tailored to the principal actors: environment Ministers/vegetation management Ministers and their delegates; landholders on Aboriginal land or DOGIT land; proponents of clearing or development; pastoral leaseholders; water planners; mining sector actors; and advisory committee participants.
For environment Minister / agency and delegates (international conservation declarations s 9-12):
Before declaring an area of international conservation significance, prepare a detailed assessment of the area’s natural and cultural values and document how the area meets one or more of the World Heritage criteria referenced in s 11. Retain assessment records (s 11).
Publish the statutory notice in both a newspaper circulating generally in the State and in the Gazette, allow at least 28 days for submissions and provide accessible information on how submissions may be made (s 10(1)(a)(ii), s 10(4)). Maintain a submissions register and contemporaneous records of consideration of submissions (s 10(1)(b)).
Consult the regional advisory committee and the scientific and cultural advisory committee and record consultation minutes and advice (s 10(1)(c); ss 20-23).
If making a minor boundary amendment (s 12), ensure the amendment genuinely responds to new information about values, document why the amendment is "minor", and consult each person the Minister reasonably considers may have an interest in the affected area (s 12(1)(b)). Maintain records to justify use of the s 12 pathway instead of full s 10 procedure.
For vegetation management Minister / agency and delegates (special indigenous purpose and indigenous community use areas ss 15-19):
For applications on Aboriginal land or DOGIT land asserting a special indigenous purpose (s 18), verify that the proposed clearing does not involve endangered or "of concern" regional ecosystems, is not for planting high risk species or woodchip trees, and is genuinely of a minor nature with no significant impact. Keep a documented register of any existing authorities for clearing on the land, as s 18(2) requires regard to such authorities.
For development in an indigenous community use area (s 19), require a property development plan that fully addresses all eight prescribed items in s 19(1)(b). Provide applicants with a checklist and form template to avoid incomplete submissions. Assess economic viability, alternative sites and rehabilitation plans and record the analysis required by s 19(2)(a)-(d).
Before declaring an indigenous community use area, ensure the landholder has asked in writing (s 16(a)) and consult the advisory committees per s 15. Document that the land has the potential to support the specified activities (agriculture, animal husbandry, aquaculture, grazing) as s 16 requires.
Track vegetation ecosystem classifications and maintain access to relevant ecosystem mapping to ascertain "endangered" or "of concern" status.
For landholders on Aboriginal land or DOGIT land:
Where you want your land to be declared an indigenous community use area, make a clear written request to the vegetation management Minister (s 16(a)). Provide supporting material demonstrating potential to support agriculture/grazing/aquaculture and a draft property development plan (s 19) if development is intended.
If you are concerned about a declaration under the Vegetation Management Act variant in s 26, be aware that a landholder request is required before Governor in Council may declare the land an area of high nature conservation value; proactively communicate preferences and positions to the vegetation management Minister.
For proponents of vegetation clearing or development:
If applying for clearance on Aboriginal land, DOGIT land or in an indigenous community use area, compile a property development plan that satisfies s 19(1)(b)(i)-(viii). Include evidence showing no suitable alternative site, proofs of necessity for clearing, a mitigation and rehabilitation plan with timeframes and responsible parties, and a business plan demonstrating economic viability.
Demonstrate that proposed clearing is limited to the extent necessary, that vegetation will be rehabilitated if the development fails or ceases, and that any ancillary activities are on balance beneficial to natural values (s 19(2)(b)-(e)). Provide objective data rather than bare assertions to support "likely to be economically viable" and "no suitable alternative site" statements.
Avoid proposing clearing in endangered or "of concern" regional ecosystems or for high risk species or plantations for woodchip production; these are excluded categories (ss 18-19).
For pastoral leaseholders considering surrender (s 25):
If proposing to surrender a pastoral lease under the Land Act, be prepared for the administering Minister to consider impacts on the pastoral industry, regional and local planning strategies, and to consult the Minister administering the Biosecurity Act 2014 (s 25(2)). Provide substantive material to assist those considerations and engage early with the Land Act administering agency.
For water planners and the Minister administering the Water Act (s 27):
When preparing water plans relating to areas in the Region post-s 27 commencement, include a water reserve for the purpose of helping indigenous communities achieve economic and social aspirations. Document the basis for the reserve and how it aligns with chapter 2 purposes of the Water Act 2000 (s 27(2-3)).
For mining and resource sector actors:
Conduct due diligence against s 27A’s list of protected lots before lodging applications or committing capital. For the specified lots in s 27A(1), applications are prohibited and pending but undecided applications are treated as withdrawn (s 27A(2)-(4)). Avoid reliance on rights to apply for or hold mining interests on those lots.
For advisory committee prospective members and stakeholders:
Understand statutory minima for membership (s 21(3)-(4); s 23(2)) and engage with Ministers to seek appointment. Keep records of communications to Ministers, and prepare to provide technical and cultural advice consistent with the committees’ functions (ss 20, 22).
Recordkeeping and procedural best practice (cross-cutting):
Maintain clear contemporaneous records of notices, publications, submissions, committee advice, and Ministerial considerations. Where Ministers must be "satisfied" on particular facts, ensure the evidential basis for satisfaction is documented.
Monitor subordinate legislation and the designated map (s 7) on the natural resources department website as the precise boundary of the Region and regulation details may be prescribed or changed by regulation.
Identify the delegate (if any) exercising decision-making authority under s 28 and ensure delegation instruments are accessible; engage with the delegate where appropriate.
Following the statutory text closely and documenting each step will reduce procedural risk and provide the factual record necessary for administrative justification.
(c) the continuance of an environmentally sustainable pastoral industry as a form of land use in the Cape York Peninsula Region; and
(d) the declaration of indigenous community use areas in which indigenous communities may undertake appropriate economic activities; and
(e) the establishment of committees to advise the environment Minister and vegetation management Minister about particular matters under this Act.
sec.5 Act binds all persons
sec.5 Act binds all persons
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
pt.1-div.2 Interpretation
Interpretation
sec.6 Dictionary
sec.6 Dictionary
The dictionary in the schedule defines particular words used in this Act.
sec.7 Meaning of Cape York Peninsula Region
sec.7 Meaning of Cape York Peninsula Region
The Cape York Peninsula Region is the part of the State shown as, and stated to be included in, the Cape York Peninsula Region on the designated map.
The map may be viewed on the natural resources department’s website.
The exact location of the boundary of the Cape York Peninsula Region is held in digital electronic form by the natural resources department.
The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.
In this section—
designated map means a map prepared and held by the natural resources department—
called ‘Map 3 Cape York Peninsula Region’; or
prescribed under a regulation.
natural resources department means the department in which the Land Act 1994 is administered.
s 7 amd 2013 No. 23 s 35 ; 2020 No. 9 s 4
(sec.7-ssec.1) The Cape York Peninsula Region is the part of the State shown as, and stated to be included in, the Cape York Peninsula Region on the designated map. The map may be viewed on the natural resources department’s website.
(sec.7-ssec.2) The exact location of the boundary of the Cape York Peninsula Region is held in digital electronic form by the natural resources department.
(sec.7-ssec.3) The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.
(sec.7-ssec.4) In this section— designated map means a map prepared and held by the natural resources department— called ‘Map 3 Cape York Peninsula Region’; or prescribed under a regulation. natural resources department means the department in which the Land Act 1994 is administered.
(a) called ‘Map 3 Cape York Peninsula Region’; or
(b) prescribed under a regulation.
pt.2 Areas of international conservation significance
Areas of international conservation significance
pt.2-div.1 Preliminary
Preliminary
sec.8 Purpose of pt 2
sec.8 Purpose of pt 2
The purpose of this part is to provide for the declaration of land in the Cape York Peninsula Region as an area of international conservation significance.
pt.2-div.2 Declaration of areas of international conservation significance
Declaration of areas of international conservation significance
sec.9 Declaration
sec.9 Declaration
A regulation may declare a part of the Cape York Peninsula Region to be an area of international conservation significance.
The regulation must—
describe the area for which the declaration is made; and
state the area’s significant natural and cultural values for which the declaration is made.
(sec.9-ssec.1) A regulation may declare a part of the Cape York Peninsula Region to be an area of international conservation significance.
(sec.9-ssec.2) The regulation must— describe the area for which the declaration is made; and state the area’s significant natural and cultural values for which the declaration is made.
(a) describe the area for which the declaration is made; and
(b) state the area’s significant natural and cultural values for which the declaration is made.
sec.10 Notice and consultation about declaration
sec.10 Notice and consultation about declaration
Before a part of the Cape York Peninsula Region is declared to be an area of international conservation significance, the environment Minister—
must publish a notice that—
identifies the area proposed to be declared; and
invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and
must consider the submissions given to the Minister under paragraph (a) (ii) ; and
must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration.
A submission under subsection (1) (a) (ii) may be given to the environment Minister in the way the Minister considers appropriate.
Subsection (1) does not limit the extent to which the environment Minister may consult with any other person or entity the Minister considers appropriate.
In this section—
publish , for a notice, means publish in a newspaper circulating generally in the State and publish in the gazette.
(sec.10-ssec.1) Before a part of the Cape York Peninsula Region is declared to be an area of international conservation significance, the environment Minister— must publish a notice that— identifies the area proposed to be declared; and invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and must consider the submissions given to the Minister under paragraph (a) (ii) ; and must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration.
(sec.10-ssec.2) A submission under subsection (1) (a) (ii) may be given to the environment Minister in the way the Minister considers appropriate.
(sec.10-ssec.3) Subsection (1) does not limit the extent to which the environment Minister may consult with any other person or entity the Minister considers appropriate.
(sec.10-ssec.4) In this section— publish , for a notice, means publish in a newspaper circulating generally in the State and publish in the gazette.
(a) must publish a notice that— (i) identifies the area proposed to be declared; and (ii) invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and
(i) identifies the area proposed to be declared; and
(ii) invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and
(b) must consider the submissions given to the Minister under paragraph (a) (ii) ; and
(c) must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration.
(i) identifies the area proposed to be declared; and
(ii) invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and
sec.11 Criteria for declaration
sec.11 Criteria for declaration
A regulation may declare a part of the Cape York Peninsula Region to be an area of international conservation significance only if the environment Minister—
has complied with section 10 (1) ; and
is satisfied that, based on an assessment of the part’s natural and cultural values, the part meets 1 or more of the criteria for inclusion on the World Heritage List established and kept under the World Heritage Convention.
The criteria may be viewed on the United Nations Educational, Scientific and Cultural Organization’s website at <whc.unesco.org/en/criteria>.
In this section—
World Heritage Convention see the Nature Conservation Act 1992 , schedule.
(sec.11-ssec.1) A regulation may declare a part of the Cape York Peninsula Region to be an area of international conservation significance only if the environment Minister— has complied with section 10 (1) ; and is satisfied that, based on an assessment of the part’s natural and cultural values, the part meets 1 or more of the criteria for inclusion on the World Heritage List established and kept under the World Heritage Convention. The criteria may be viewed on the United Nations Educational, Scientific and Cultural Organization’s website at <whc.unesco.org/en/criteria>.
(sec.11-ssec.2) In this section— World Heritage Convention see the Nature Conservation Act 1992 , schedule.
(a) has complied with section 10 (1) ; and
(b) is satisfied that, based on an assessment of the part’s natural and cultural values, the part meets 1 or more of the criteria for inclusion on the World Heritage List established and kept under the World Heritage Convention. Editor’s note— The criteria may be viewed on the United Nations Educational, Scientific and Cultural Organization’s website at <whc.unesco.org/en/criteria>.
sec.12 Minor amendment of boundary of area of international conservation significance
sec.12 Minor amendment of boundary of area of international conservation significance
A regulation may amend the boundary of an area of international conservation significance without section 10 (1) applying if—
the amendment is only to make a minor change to the boundary because of new information about the area’s natural and cultural values; and
the environment Minister has consulted with each person the Minister reasonably considers may have an interest in the area to be included or excluded from the area of international conservation significance under the proposed amendment.
(a) the amendment is only to make a minor change to the boundary because of new information about the area’s natural and cultural values; and
(b) the environment Minister has consulted with each person the Minister reasonably considers may have an interest in the area to be included or excluded from the area of international conservation significance under the proposed amendment.
pt.3 Indigenous community use areas
Indigenous community use areas
pt.3-div.1 Preliminary
Preliminary
sec.13 Purpose of pt 3
sec.13 Purpose of pt 3
The purpose of this part is to provide for the declaration of land in the Cape York Peninsula Region as an indigenous community use area.
pt.3-div.2 Declaration of indigenous community use areas
Declaration of indigenous community use areas
sec.14 Declaration
sec.14 Declaration
The Governor in Council may, by gazette notice, declare a part of the Cape York Peninsula Region that is Aboriginal land or DOGIT land to be an indigenous community use area.
The notice must describe the area for which the declaration is made.
s 14 amd 2014 No. 45 s 58 sch 1 pt 2
(sec.14-ssec.1) The Governor in Council may, by gazette notice, declare a part of the Cape York Peninsula Region that is Aboriginal land or DOGIT land to be an indigenous community use area.
(sec.14-ssec.2) The notice must describe the area for which the declaration is made.
sec.15 Consultation about declaration
sec.15 Consultation about declaration
Before a part of the Cape York Peninsula Region is declared to be an indigenous community use area, the vegetation management Minister must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration.
Subsection (1) does not limit the extent to which the vegetation management Minister may consult with any other person or entity the Minister considers appropriate.
(sec.15-ssec.1) Before a part of the Cape York Peninsula Region is declared to be an indigenous community use area, the vegetation management Minister must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration.
(sec.15-ssec.2) Subsection (1) does not limit the extent to which the vegetation management Minister may consult with any other person or entity the Minister considers appropriate.
sec.16 Criteria for declaration
sec.16 Criteria for declaration
The Governor in Council may declare a part of the Cape York Peninsula Region to be an indigenous community use area only if—
the landholder for the land the subject of the declaration has asked the vegetation management Minister, in writing, for the declaration to be made; and
the vegetation management Minister—
has complied with section 15 (1) ; and
is satisfied that the land has the potential to support agricultural, animal husbandry, aquacultural or grazing activities.
(a) the landholder for the land the subject of the declaration has asked the vegetation management Minister, in writing, for the declaration to be made; and
(b) the vegetation management Minister— (i) has complied with section 15 (1) ; and (ii) is satisfied that the land has the potential to support agricultural, animal husbandry, aquacultural or grazing activities.
(i) has complied with section 15 (1) ; and
(ii) is satisfied that the land has the potential to support agricultural, animal husbandry, aquacultural or grazing activities.
(i) has complied with section 15 (1) ; and
(ii) is satisfied that the land has the potential to support agricultural, animal husbandry, aquacultural or
This is an opening excerpt, not the complete document.