39ZDPreparation of plan of management

#### 39ZD Preparation of plan of management (1) After taking into account all comments made to it in accordance with section 39ZB, the Authority may prepare the plan of management. (1A) The Authority must, in preparing the plan of management, have regard to the following: (a) any key threatening process that is relevant to the area, species or ecological community to which the plan relates; (b) any critical habitat that is in the area, or that is relevant to the species or ecological community, to which the plan relates; (c) if the plan relates to a listed threatened species or a listed threatened ecological community—any approved conservation advice, recovery plan, threat abatement plan or wildlife conservation plan that is relevant to the species or ecological community; (d) any plan made under the Marine Parks Act 2004 of Queensland or the Nature Conservation Act 1992 of Queensland that is relevant to the area, species or ecological community to which the plan relates. (2) The plan of management must not be inconsistent with any of the following: (a) a provision of this Act; (b) a provision of a zoning plan in force for the area, or in force for an area relevant to the species or ecological community, to which the plan of management relates; (c) if the plan of management relates to a listed threatened species or a listed threatened ecological community—a recovery plan or threat abatement plan that is relevant to the species or ecological community. (3) Without limiting the generality of subsection (2), a reference in that subsection to a plan of management being inconsistent with a provision of a zoning plan includes a reference to a plan of management permitting the doing of anything that is prohibited by the provision. (4) A plan of management is taken not to be inconsistent with a zoning plan merely because it prohibits the doing of something that is not prohibited by the zoning plan. (5) If the plan of management contains provisions (the enforcement provisions) prohibiting or regulating the doing of something, or requiring the doing of something, those provisions are to be included in a separate part of the plan. (6) The enforcement provisions may prohibit the doing of an act even though the doing of the act would, apart from the enforcement provisions, be permitted or authorised by or under this Act. (7) The enforcement provisions may exclude from their operation acts or omissions of a kind that were lawfully engaged in before the enforcement provisions come into force. (8) The things the enforcement provisions may do include, but are not limited to, prohibiting or regulating: (a) entry into an area, or a part of an area, to which the plan relates; or (b) the use (generally), or a particular use, of an area, or a part of an area, to which the plan relates.