ch.1-pt.1
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Queensland regulation
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Direct links to the current provisions in Nature Conservation (Protected Areas Management) Regulation 2024.
This regulation may be cited as the Nature Conservation (Protected Areas Management) Regulation 2024 .
This regulation commences on 22 September 2024.
The dictionary in schedule 10 defines particular words used in this regulation.
In this regulation, the character , of an area, means the characteristics of the area that affect the enjoyment or experience of a person using the area for a purpose for which it is normally used. For subsection (1) , each of the following characteristics of an area affect the enjoyment or experience of a person using the area— the extent to which the natural condition of the area has been, or is likely to be, modified by human activity, including, for example, by— roads or other access routes; or buildings or other structures; or litter; or noise from human activity; the extent to which the person is likely to experience social interaction with other people in the area, having regard to the normal amount of social interaction that would be reasonably expected in the area; the extent of regulation of activities within the area, including, in particular, through signs, regulatory notices and enforcement activities. (sec.4-ssec.1) In this regulation, the character , of an area, means the characteristics of the area that affect the enjoyment or experience of a person using the area for a purpose for which it is normally used. (sec.4-ssec.2) For subsection (1) , each of the following characteristics of an area affect the enjoyment or experience of a person using the area— the extent to which the natural condition of the area has been, or is likely to be, modified by human activity, including, for example, by— roads or other access routes; or buildings or other structures; or litter; or noise from human activity; the extent to which the person is likely to experience social interaction with other people in the area, having regard to the normal amount of social interaction that would be reasonably expected in the area; the extent of regulation of activities within the area, including, in particular, through signs, regulatory notices and enforcement activities.
An activity is a commercial activity in relation to a protected area if— the activity is conducted for gain in, over or adjacent to the area; or the activity is advertising or promoting the use of the area for gain. the hire or sale of goods or services in a protected area a guided tour, scenic flight or cruise in, over or adjacent to a protected area commercial photography of a protected area advertising a protected area to promote a tour, scenic flight, tourist facility or resort However, a commercial activity does not include— an activity for which the use of a protected area is incidental to, and not integral to, the conducting of the activity; or a scheduled bus service through a protected area that is not a part of a tour a trade service provided in a protected area for the chief executive or a person authorised to use the area a vehicle towing or repair service provided in a protected area for a visitor to the area an exempt media activity. In this section— exempt media activity means either of the following activities— filming or photography— that involves no more than 10 persons; and that does not involve the construction or use of a prescribed structure; filming or photography in relation to an event— that is conducted when, or as soon as practicable after, the event happens; and that is conducted for publishing a report of the event— on television or in a newspaper, magazine or similar publication; and to inform the public about the event; and that is a type of filming or photography the chief executive has stated is an exempt media activity on the department’s website. (sec.5-ssec.1) An activity is a commercial activity in relation to a protected area if— the activity is conducted for gain in, over or adjacent to the area; or the activity is advertising or promoting the use of the area for gain. the hire or sale of goods or services in a protected area a guided tour, scenic flight or cruise in, over or adjacent to a protected area commercial photography of a protected area advertising a protected area to promote a tour, scenic flight, tourist facility or resort (sec.5-ssec.2) However, a commercial activity does not include— an activity for which the use of a protected area is incidental to, and not integral to, the conducting of the activity; or a scheduled bus service through a protected area that is not a part of a tour a trade service provided in a protected area for the chief executive or a person authorised to use the area a vehicle towing or repair service provided in a protected area for a visitor to the area an exempt media activity. (sec.5-ssec.3) In this section— exempt media activity means either of the following activities— filming or photography— that involves no more than 10 persons; and that does not involve the construction or use of a prescribed structure; filming or photography in relation to an event— that is conducted when, or as soon as practicable after, the event happens; and that is conducted for publishing a report of the event— on television or in a newspaper, magazine or similar publication; and to inform the public about the event; and that is a type of filming or photography the chief executive has stated is an exempt media activity on the department’s website.
An organised event is an event involving activities, other than commercial activities— that includes the organised use of a protected area or part of a protected area; and that is likely— to have a detrimental impact on the area or part; or to affect the use of the area or part by other people. a showcase of historical vehicles, a trail run, training exercises conducted by the Australian Defence Force For considering the impact or effect of an event mentioned in subsection (1) under this regulation, regard must be had to the following matters— the location of the protected area or part; the number of people, vehicles or resources involved in the event or likely to be in the area or part when the event is conducted; the type of event; the timing of the event; any likely disturbance to the area or part as a result of conducting the event; the extent to which conducting the event may restrict access to the area or part by the general public. However, an organised event does not include an event involving activities conducted— by a community or group of Aboriginal people under Aboriginal tradition in a protected area with which the community or group has a traditional, customary or historical link under Aboriginal tradition; or by a community or group of Torres Strait Islander peoples under Ailan Kastom in a protected area with which the community or group has a traditional, customary or historical link under Ailan Kastom. (sec.6-ssec.1) An organised event is an event involving activities, other than commercial activities— that includes the organised use of a protected area or part of a protected area; and that is likely— to have a detrimental impact on the area or part; or to affect the use of the area or part by other people. a showcase of historical vehicles, a trail run, training exercises conducted by the Australian Defence Force (sec.6-ssec.2) For considering the impact or effect of an event mentioned in subsection (1) under this regulation, regard must be had to the following matters— the location of the protected area or part; the number of people, vehicles or resources involved in the event or likely to be in the area or part when the event is conducted; the type of event; the timing of the event; any likely disturbance to the area or part as a result of conducting the event; the extent to which conducting the event may restrict access to the area or part by the general public. (sec.6-ssec.3) However, an organised event does not include an event involving activities conducted— by a community or group of Aboriginal people under Aboriginal tradition in a protected area with which the community or group has a traditional, customary or historical link under Aboriginal tradition; or by a community or group of Torres Strait Islander peoples under Ailan Kastom in a protected area with which the community or group has a traditional, customary or historical link under Ailan Kastom.
A protected area authority means any of the following permits for a protected area— a resources permit; an apiary permit; a permit that is an activity permit under subsection (3) . A resources permit is a permit to take, use, keep or interfere with cultural or natural resources of a protected area. An activity permit is any of the following permits for a protected area— a camping permit; a commercial activity permit; an organised event permit; a permit to enter a national park (scientific); a permit to solicit donations or information; a permit to use recreational craft; a restricted access area permit; a special activity permit; a stock grazing permit; a stock mustering permit; a travelling stock permit. (sec.7-ssec.1) A protected area authority means any of the following permits for a protected area— a resources permit; an apiary permit; a permit that is an activity permit under subsection (3) . (sec.7-ssec.2) A resources permit is a permit to take, use, keep or interfere with cultural or natural resources of a protected area. (sec.7-ssec.3) An activity permit is any of the following permits for a protected area— a camping permit; a commercial activity permit; an organised event permit; a permit to enter a national park (scientific); a permit to solicit donations or information; a permit to use recreational craft; a restricted access area permit; a special activity permit; a stock grazing permit; a stock mustering permit; a travelling stock permit.
A relevant person , for the holder of a protected area authority, is— if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or if the holder is a corporation—an executive officer, employee or agent of the corporation acting for the corporation.
For the schedule of the Act , definition recreational craft , paragraph (c) , a land yacht is prescribed to be a recreational craft.
In this regulation, a reference to a species, category or class of wildlife is a reference to— if the wildlife is an animal—the species, category or class of animal under the Nature Conservation (Animals) Regulation 2020 ; or if the wildlife is a plant—the species or class of plant under the Nature Conservation (Plants) Regulation 2020 . The scientific names used for wildlife mentioned in this regulation follow the scientific references stated— for an animal—in the Nature Conservation (Animals) Regulation 2020 , section 7 ; or for a plant—in the Nature Conservation (Plants) Regulation 2020 , section 8 . (sec.10-ssec.1) In this regulation, a reference to a species, category or class of wildlife is a reference to— if the wildlife is an animal—the species, category or class of animal under the Nature Conservation (Animals) Regulation 2020 ; or if the wildlife is a plant—the species or class of plant under the Nature Conservation (Plants) Regulation 2020 . (sec.10-ssec.2) The scientific names used for wildlife mentioned in this regulation follow the scientific references stated— for an animal—in the Nature Conservation (Animals) Regulation 2020 , section 7 ; or for a plant—in the Nature Conservation (Plants) Regulation 2020 , section 8 .
In this regulation, position is defined by reference to GDA2020. In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020. (sec.11-ssec.1) In this regulation, position is defined by reference to GDA2020. (sec.11-ssec.2) In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.
This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units. For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards). (sec.12-ssec.1) This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units. (sec.12-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards).
This regulation applies to all protected areas except to the extent a provision of this regulation states that it does or does not apply to a particular class of protected area. However, this regulation does not apply to a private coordinated conservation area except to the extent a provision of this regulation states that it does apply to the area. This regulation does not apply to an animal or plant that is not in a protected area. See the Nature Conservation (Animals) Regulation 2020 and the Nature Conservation (Plants) Regulation 2020 in relation to animals and plants in other areas. (sec.13-ssec.1) This regulation applies to all protected areas except to the extent a provision of this regulation states that it does or does not apply to a particular class of protected area. (sec.13-ssec.2) However, this regulation does not apply to a private coordinated conservation area except to the extent a provision of this regulation states that it does apply to the area. (sec.13-ssec.3) This regulation does not apply to an animal or plant that is not in a protected area. See the Nature Conservation (Animals) Regulation 2020 and the Nature Conservation (Plants) Regulation 2020 in relation to animals and plants in other areas.
This regulation does not apply to the following activities on land in a resources reserve— an activity conducted under a mineral authority or petroleum authority on land covered by the authority; an activity that is camping or fossicking under the Fossicking Act 1994 . In this section— mineral authority means an exploration permit, mineral development licence, mining claim, mining lease or prospecting permit under the Mineral Resources Act 1989 . petroleum authority means the following— an authority to prospect or a lease under the Petroleum Act 1923 ; an authority to prospect, data acquisition authority, petroleum lease, pipeline licence, survey licence or water monitoring authority under the Petroleum and Gas (Production and Safety) Act 2004 . (sec.14-ssec.1) This regulation does not apply to the following activities on land in a resources reserve— an activity conducted under a mineral authority or petroleum authority on land covered by the authority; an activity that is camping or fossicking under the Fossicking Act 1994 . (sec.14-ssec.2) In this section— mineral authority means an exploration permit, mineral development licence, mining claim, mining lease or prospecting permit under the Mineral Resources Act 1989 . petroleum authority means the following— an authority to prospect or a lease under the Petroleum Act 1923 ; an authority to prospect, data acquisition authority, petroleum lease, pipeline licence, survey licence or water monitoring authority under the Petroleum and Gas (Production and Safety) Act 2004 .
Each conservation park mentioned in schedule 1 , column 1 must be managed by the trustee of the park. Conservation parks are dedicated by the Nature Conservation (Protected Areas) Regulation 1994 , section 5 . The trustee of the conservation park— is stated in schedule 1 , column 2 opposite the park; and has, for the park, the powers of the chief executive stated in schedule 1 , column 3 opposite the park. For a conservation park mentioned in schedule 1 , column 1— the chief executive— is not responsible for managing the park; and does not have the powers given to the trustee of the park, under subsection (2) (b) ; and a reference in this regulation to the chief executive is taken to be a reference to the trustee of the park, to the extent the reference applies to— the management of the park generally; or the trustee’s powers under subsection (2) (b) . (sec.15-ssec.1) Each conservation park mentioned in schedule 1 , column 1 must be managed by the trustee of the park. Conservation parks are dedicated by the Nature Conservation (Protected Areas) Regulation 1994 , section 5 . (sec.15-ssec.2) The trustee of the conservation park— is stated in schedule 1 , column 2 opposite the park; and has, for the park, the powers of the chief executive stated in schedule 1 , column 3 opposite the park. (sec.15-ssec.3) For a conservation park mentioned in schedule 1 , column 1— the chief executive— is not responsible for managing the park; and does not have the powers given to the trustee of the park, under subsection (2) (b) ; and a reference in this regulation to the chief executive is taken to be a reference to the trustee of the park, to the extent the reference applies to— the management of the park generally; or the trustee’s powers under subsection (2) (b) .
Each resources reserve mentioned in schedule 2 , part 1 , column 1 must be jointly managed by the joint trustees of the reserve. Resources reserves are dedicated by the Nature Conservation (Protected Areas) Regulation 1994 , section 6 . The joint trustees of the reserve are stated in schedule 2 , part 1 , column 2 opposite the reserve. Subsection (4) applies to a resources reserve mentioned in schedule 2 , part 2 , column 1. The other joint trustee has, for the reserve, the powers of the chief executive stated in schedule 2 , part 2 , column 2 opposite the reserve. For a resources reserve mentioned in schedule 2 , part 1 , column 1 a reference in this regulation to the chief executive is taken to include a reference to the other joint trustee, to the extent the reference applies to— the management of the reserve generally; or if the other joint trustee has been given powers of the chief executive under subsection (4) —the other joint trustee’s powers under subsection (4) . A power that may be exercised by the joint trustees of a resources reserve must be exercised by them acting jointly. In this section— other joint trustee , for a resources reserve mentioned in schedule 2 , part 1 , column 1 means the joint trustee, other than the chief executive, stated in schedule 2 , part 1 , column 2 opposite the reserve. (sec.16-ssec.1) Each resources reserve mentioned in schedule 2 , part 1 , column 1 must be jointly managed by the joint trustees of the reserve. Resources reserves are dedicated by the Nature Conservation (Protected Areas) Regulation 1994 , section 6 . (sec.16-ssec.2) The joint trustees of the reserve are stated in schedule 2 , part 1 , column 2 opposite the reserve. (sec.16-ssec.3) Subsection (4) applies to a resources reserve mentioned in schedule 2 , part 2 , column 1. (sec.16-ssec.4) The other joint trustee has, for the reserve, the powers of the chief executive stated in schedule 2 , part 2 , column 2 opposite the reserve. (sec.16-ssec.5) For a resources reserve mentioned in schedule 2 , part 1 , column 1 a reference in this regulation to the chief executive is taken to include a reference to the other joint trustee, to the extent the reference applies to— the management of the reserve generally; or if the other joint trustee has been given powers of the chief executive under subsection (4) —the other joint trustee’s powers under subsection (4) . (sec.16-ssec.6) A power that may be exercised by the joint trustees of a resources reserve must be exercised by them acting jointly. (sec.16-ssec.7) In this section— other joint trustee , for a resources reserve mentioned in schedule 2 , part 1 , column 1 means the joint trustee, other than the chief executive, stated in schedule 2 , part 1 , column 2 opposite the reserve.
This section applies to— a conservation park placed under the management of the trustee of the park under section 15 ; and a resources reserve placed under the management of the trustee of the reserve under section 16 . If a trustee of the park or reserve charges a fee in relation to managing the park or reserve, the trustee must use the fee for giving effect to the management principles for the park or reserve. (sec.17-ssec.1) This section applies to— a conservation park placed under the management of the trustee of the park under section 15 ; and a resources reserve placed under the management of the trustee of the reserve under section 16 . (sec.17-ssec.2) If a trustee of the park or reserve charges a fee in relation to managing the park or reserve, the trustee must use the fee for giving effect to the management principles for the park or reserve.
For section 35 (1) (d) of the Act — a use stated in schedule 3 , part 1 , column 2 is prescribed as a permitted use for the national park stated opposite the use in schedule 3 , part 1 , column 1 if the use is only for a service facility; and a use stated in schedule 3 , part 2 , column 2 is prescribed as a permitted use for the national park stated opposite the use in schedule 3 , part 2 , column 1 if the use is only for an ecotourism facility. A reference to a drawing, map or plan in schedule 3 is a reference to the drawing, map or plan held by, and available for inspection from, the department. (sec.18-ssec.1) For section 35 (1) (d) of the Act — a use stated in schedule 3 , part 1 , column 2 is prescribed as a permitted use for the national park stated opposite the use in schedule 3 , part 1 , column 1 if the use is only for a service facility; and a use stated in schedule 3 , part 2 , column 2 is prescribed as a permitted use for the national park stated opposite the use in schedule 3 , part 2 , column 1 if the use is only for an ecotourism facility. (sec.18-ssec.2) A reference to a drawing, map or plan in schedule 3 is a reference to the drawing, map or plan held by, and available for inspection from, the department.
For section 37 (2) of the Act , a use stated in schedule 4 , column 2 is prescribed as a permitted use for the national park, or part of the national park, under the former Act, stated opposite the use in schedule 4 , column 1. A reference to a map or plan in schedule 4 is a reference to the map or plan held by, and available for inspection from, the department. (sec.19-ssec.1) For section 37 (2) of the Act , a use stated in schedule 4 , column 2 is prescribed as a permitted use for the national park, or part of the national park, under the former Act, stated opposite the use in schedule 4 , column 1. (sec.19-ssec.2) A reference to a map or plan in schedule 4 is a reference to the map or plan held by, and available for inspection from, the department.
The chief executive may, by displaying a notice, regulate or prohibit an activity in a protected area or part of a protected area if the chief executive considers the regulation or prohibition necessary or desirable— to reduce risks to public health and safety; or to conserve or protect the cultural or natural resources of the area or native wildlife; or to protect the character or amenity of the area or part; or to ensure the orderly or proper management of the area. Also, the chief executive may, by displaying a notice, regulate or prohibit an activity in a protected area or part of a protected area if another provision of this regulation provides for the activity to be regulated or prohibited by a regulatory notice. A notice displayed under subsection (1) or (2) is a regulatory notice . This section— does not apply in relation to a special wildlife reserve or nature refuge; and is subject to any other requirements of this division. See sections 24 and 25 for consultation requirements the chief executive must comply with before displaying a regulatory notice in particular protected areas. (sec.20-ssec.1) The chief executive may, by displaying a notice, regulate or prohibit an activity in a protected area or part of a protected area if the chief executive considers the regulation or prohibition necessary or desirable— to reduce risks to public health and safety; or to conserve or protect the cultural or natural resources of the area or native wildlife; or to protect the character or amenity of the area or part; or to ensure the orderly or proper management of the area. (sec.20-ssec.2) Also, the chief executive may, by displaying a notice, regulate or prohibit an activity in a protected area or part of a protected area if another provision of this regulation provides for the activity to be regulated or prohibited by a regulatory notice. (sec.20-ssec.3) A notice displayed under subsection (1) or (2) is a regulatory notice . (sec.20-ssec.4) This section— does not apply in relation to a special wildlife reserve or nature refuge; and is subject to any other requirements of this division. See sections 24 and 25 for consultation requirements the chief executive must comply with before displaying a regulatory notice in particular protected areas.
The chief executive must display a regulatory notice near the entrance to the protected area or part of the protected area to which the notice applies. The notice must— be easily visible to passers-by; and identify the limits of the area to which the notice applies; and state the activity to which it applies and how the activity is regulated or prohibited. Subject to section 22 , the notice must expressly state that a contravention of a requirement of the regulatory notice is an offence against the Act and the maximum penalty for the offence. (sec.21-ssec.1) The chief executive must display a regulatory notice near the entrance to the protected area or part of the protected area to which the notice applies. (sec.21-ssec.2) The notice must— be easily visible to passers-by; and identify the limits of the area to which the notice applies; and state the activity to which it applies and how the activity is regulated or prohibited. (sec.21-ssec.3) Subject to section 22 , the notice must expressly state that a contravention of a requirement of the regulatory notice is an offence against the Act and the maximum penalty for the offence.
This section applies if it is not practicable for the chief executive to display a regulatory notice expressly stating a contravention warning for a requirement of the notice near a particular part of a protected area to which the notice applies. The chief executive must display, near the entrance to the protected area, another notice (a regulatory information notice ) expressly stating the contravention warning. The regulatory information notice must be easily visible to passers-by. The regulatory information notice may contain other information about the protected area the chief executive considers appropriate. In this section— contravention warning , for a requirement of a regulatory notice, means a statement— that a contravention of the requirement stated in the notice is an offence against the Act ; and the penalty for the offence. (sec.22-ssec.1) This section applies if it is not practicable for the chief executive to display a regulatory notice expressly stating a contravention warning for a requirement of the notice near a particular part of a protected area to which the notice applies. (sec.22-ssec.2) The chief executive must display, near the entrance to the protected area, another notice (a regulatory information notice ) expressly stating the contravention warning. (sec.22-ssec.3) The regulatory information notice must be easily visible to passers-by. (sec.22-ssec.4) The regulatory information notice may contain other information about the protected area the chief executive considers appropriate. (sec.22-ssec.5) In this section— contravention warning , for a requirement of a regulatory notice, means a statement— that a contravention of the requirement stated in the notice is an offence against the Act ; and the penalty for the offence.
Evidence that a notice was displayed in the form of a regulatory notice or regulatory information notice near the entrance to a protected area or part of a protected area is evidence the notice was so displayed with the authority of the chief executive.
This section applies if the chief executive proposes to display a regulatory notice in relation to an Aboriginal land protected area, other than a regulatory notice for an activity mentioned in section 20 (1) (a) . The chief executive must comply with any consultation requirement under the Indigenous management agreement for the area. In this section— consultation requirement , under an Indigenous management agreement for an Aboriginal land protected area, means a requirement under the agreement for the chief executive or department to do any of the following— give the Indigenous landholder for the area a notice about the proposed display of a regulatory notice; allow the landholder to respond to the notice; consider the landholder’s response, if any; seek the landholder’s consent for the display of the notice; obtain the landholder’s consent for the display of the notice. (sec.24-ssec.1) This section applies if the chief executive proposes to display a regulatory notice in relation to an Aboriginal land protected area, other than a regulatory notice for an activity mentioned in section 20 (1) (a) . (sec.24-ssec.2) The chief executive must comply with any consultation requirement under the Indigenous management agreement for the area. (sec.24-ssec.3) In this section— consultation requirement , under an Indigenous management agreement for an Aboriginal land protected area, means a requirement under the agreement for the chief executive or department to do any of the following— give the Indigenous landholder for the area a notice about the proposed display of a regulatory notice; allow the landholder to respond to the notice; consider the landholder’s response, if any; seek the landholder’s consent for the display of the notice; obtain the landholder’s consent for the display of the notice.
This section applies if— the chief executive proposes to display a regulatory notice in relation to a protected area in the Cape York Peninsula Region, other than— a regulatory notice in relation to an Aboriginal land protected area; or a regulatory notice for an activity mentioned in section 20 (1) (a) ; and there is an Indigenous land use agreement for the area; and there is no Indigenous management agreement for the area. The chief executive must comply with any consultation requirement under the Indigenous land use agreement. In this section— consultation requirement , under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following— give a person a notice about the proposed display of a regulatory notice; allow the person to respond to the notice; consider the person’s response, if any; seek the person’s consent for the display of the notice; obtain the person’s consent for the display of the notice. (sec.25-ssec.1) This section applies if— the chief executive proposes to display a regulatory notice in relation to a protected area in the Cape York Peninsula Region, other than— a regulatory notice in relation to an Aboriginal land protected area; or a regulatory notice for an activity mentioned in section 20 (1) (a) ; and there is an Indigenous land use agreement for the area; and there is no Indigenous management agreement for the area. (sec.25-ssec.2) The chief executive must comply with any consultation requirement under the Indigenous land use agreement. (sec.25-ssec.3) In this section— consultation requirement , under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following— give a person a notice about the proposed display of a regulatory notice; allow the person to respond to the notice; consider the person’s response, if any; seek the person’s consent for the display of the notice; obtain the person’s consent for the display of the notice.
The chief executive may display a regulatory notice near the entrance to a conservation park or resources reserve stating that dog-walking is permitted in the park or reserve. However, the chief executive may display the notice only if the chief executive is satisfied— the area of the conservation park or resources reserve was widely used for dog-walking before the initial dedication of the area under the Act ; and that allowing dogs into the conservation park or resources reserve will not result in— any damage to a cultural resource of the park or reserve; or a significant adverse effect on a natural resource of the park or reserve. In this section— initial dedication , of an area, means the initial dedication of the area as any 1 of the following— a conservation park; a resources reserve; a regional park within the meaning of the Act as in force immediately before 1 July 2016. (sec.26-ssec.1) The chief executive may display a regulatory notice near the entrance to a conservation park or resources reserve stating that dog-walking is permitted in the park or reserve. (sec.26-ssec.2) However, the chief executive may display the notice only if the chief executive is satisfied— the area of the conservation park or resources reserve was widely used for dog-walking before the initial dedication of the area under the Act ; and that allowing dogs into the conservation park or resources reserve will not result in— any damage to a cultural resource of the park or reserve; or a significant adverse effect on a natural resource of the park or reserve. (sec.26-ssec.3) In this section— initial dedication , of an area, means the initial dedication of the area as any 1 of the following— a conservation park; a resources reserve; a regional park within the meaning of the Act as in force immediately before 1 July 2016.
This section applies in relation to a protected area or part of a protected area, other than a special wildlife reserve or nature refuge. The chief executive may display a notice (a camping notice ) stating the protected area or part is a camping area. The camping notice must be displayed near the entrance to the protected area or part and state the following— the period during which camping is permitted in the camping area, if applicable; the procedures to be followed, in general terms, by a person intending to camp in the camping area; the conditions applying to a person camping in the camping area; the penalty for camping in the camping area without a camping permit. The chief executive may also display another notice near the camping notice stating conditions applying to a person camping in the camping area that are additional to the conditions stated in the camping notice. A notice under subsection (4) is an additional conditions notice . (sec.27-ssec.1) This section applies in relation to a protected area or part of a protected area, other than a special wildlife reserve or nature refuge. (sec.27-ssec.2) The chief executive may display a notice (a camping notice ) stating the protected area or part is a camping area. (sec.27-ssec.3) The camping notice must be displayed near the entrance to the protected area or part and state the following— the period during which camping is permitted in the camping area, if applicable; the procedures to be followed, in general terms, by a person intending to camp in the camping area; the conditions applying to a person camping in the camping area; the penalty for camping in the camping area without a camping permit. (sec.27-ssec.4) The chief executive may also display another notice near the camping notice stating conditions applying to a person camping in the camping area that are additional to the conditions stated in the camping notice. (sec.27-ssec.5) A notice under subsection (4) is an additional conditions notice .
The chief executive may declare a protected area or part of a protected area to be a restricted access area by displaying a notice near the entrance to the protected area or part. A notice under subsection (1) is a restricted access area notice . The restricted access area notice may prohibit any access to the restricted access area or restrict access to the area in a particular way. prohibiting access to a restricted access area for part of the year while birds are nesting in the area However, the chief executive may act under subsection (1) — only for a reason mentioned in section 29 ; and if section 30 applies—only after the consultation process mentioned in section 30 is completed; and if section 31 or 32 (each a declaration consultation provision ) applies—only if the chief executive complies with any consultation requirement mentioned in the relevant declaration consultation provision. The restricted access area notice must— be easily visible to passers-by; and identify the limits of the restricted access area; and state how access to the area is restricted or prohibited; and state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence. Also, when the restricted access area notice is displayed, the chief executive may publish on the department’s website information from the notice about how access to the restricted access area is restricted or prohibited. If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must remove the restricted access area notice as soon as practicable. (sec.28-ssec.1) The chief executive may declare a protected area or part of a protected area to be a restricted access area by displaying a notice near the entrance to the protected area or part. (sec.28-ssec.2) A notice under subsection (1) is a restricted access area notice . (sec.28-ssec.3) The restricted access area notice may prohibit any access to the restricted access area or restrict access to the area in a particular way. prohibiting access to a restricted access area for part of the year while birds are nesting in the area (sec.28-ssec.4) However, the chief executive may act under subsection (1) — only for a reason mentioned in section 29 ; and if section 30 applies—only after the consultation process mentioned in section 30 is completed; and if section 31 or 32 (each a declaration consultation provision ) applies—only if the chief executive complies with any consultation requirement mentioned in the relevant declaration consultation provision. (sec.28-ssec.5) The restricted access area notice must— be easily visible to passers-by; and identify the limits of the restricted access area; and state how access to the area is restricted or prohibited; and state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence. (sec.28-ssec.6) Also, when the restricted access area notice is displayed, the chief executive may publish on the department’s website information from the notice about how access to the restricted access area is restricted or prohibited. (sec.28-ssec.7) If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must remove the restricted access area notice as soon as practicable.
The chief executive may declare a protected area or part of a protected area to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable— to ensure the health or safety of a person or protect a person’s property; or to minimise risk to, or safeguard the health of, a person because of a fire or natural disaster; or to conserve or protect the cultural or natural resources of the protected area or native wildlife, including, for example— to protect significant cultural or natural resources of the area or part; or to enable the restoration or rehabilitation of the area or part; or to protect a breeding area for native wildlife; or to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or to manage a significant Torres Strait Islander area in the area in a way that is consistent with Ailan Kastom; or to protect a facility or service in the protected area, including, for example, infrastructure, a water supply facility or power generating equipment; or to protect the character and amenity of the area or an adjacent area; or for the orderly or proper management of the area. In this section— significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003 , section 9 . significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003 , section 9 . (sec.29-ssec.1) The chief executive may declare a protected area or part of a protected area to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable— to ensure the health or safety of a person or protect a person’s property; or to minimise risk to, or safeguard the health of, a person because of a fire or natural disaster; or to conserve or protect the cultural or natural resources of the protected area or native wildlife, including, for example— to protect significant cultural or natural resources of the area or part; or to enable the restoration or rehabilitation of the area or part; or to protect a breeding area for native wildlife; or to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or to manage a significant Torres Strait Islander area in the area in a way that is consistent with Ailan Kastom; or to protect a facility or service in the protected area, including, for example, infrastructure, a water supply facility or power generating equipment; or to protect the character and amenity of the area or an adjacent area; or for the orderly or proper management of the area. (sec.29-ssec.2) In this section— significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003 , section 9 . significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003 , section 9 .
This section applies if the nature or extent of activities being conducted, or to be conducted, under an organised event permit, commercial activity permit or commercial activity agreement would be significantly affected by the making of a declaration under section 28 . However, this section does not apply if the declaration is to be made— to ensure the health or safety of a person or protect a person’s property; or to minimise risk to, or safeguard the health of, a person because of a fire or natural disaster; or to conserve or protect the cultural or natural resources of a protected area or native wildlife. The chief executive must give the holder of the permit, or the other party to the agreement, a notice stating each of the following— consideration is being given to the making of a declaration under section 28 ; if the chief executive is also proposing a restrictive act for the permit or agreement for the proposed declaration—that consideration is being given to the proposed restrictive act; that the holder or other party is invited to make written submissions in relation to the proposed declaration or restrictive act. The submissions must be made to the chief executive— at an address stated in the notice; and within the period, of at least 20 business days, stated in the notice. The chief executive must consider all submissions received in response to the notice. (sec.30-ssec.1) This section applies if the nature or extent of activities being conducted, or to be conducted, under an organised event permit, commercial activity permit or commercial activity agreement would be significantly affected by the making of a declaration under section 28 . (sec.30-ssec.2) However, this section does not apply if the declaration is to be made— to ensure the health or safety of a person or protect a person’s property; or to minimise risk to, or safeguard the health of, a person because of a fire or natural disaster; or to conserve or protect the cultural or natural resources of a protected area or native wildlife. (sec.30-ssec.3) The chief executive must give the holder of the permit, or the other party to the agreement, a notice stating each of the following— consideration is being given to the making of a declaration under section 28 ; if the chief executive is also proposing a restrictive act for the permit or agreement for the proposed declaration—that consideration is being given to the proposed restrictive act; that the holder or other party is invited to make written submissions in relation to the proposed declaration or restrictive act. (sec.30-ssec.4) The submissions must be made to the chief executive— at an address stated in the notice; and within the period, of at least 20 business days, stated in the notice. (sec.30-ssec.5) The chief executive must consider all submissions received in response to the notice.
This section applies if the chief executive proposes to declare an Aboriginal land protected area or part of an Aboriginal land protected area to be a restricted access area under section 28 (1) . The chief executive must comply with any consultation requirement under the Indigenous management agreement for the protected area. In this section— consultation requirement , under an Indigenous management agreement for an Aboriginal land protected area, means a requirement under the agreement for the chief executive or department to do any of the following— give the Indigenous landholder for the area a notice about a proposed declaration under section 28 (1) ; allow the landholder to respond to the notice; consider the landholder’s response, if any; seek the landholder’s consent for the declaration; obtain the landholder’s consent for the declaration. (sec.31-ssec.1) This section applies if the chief executive proposes to declare an Aboriginal land protected area or part of an Aboriginal land protected area to be a restricted access area under section 28 (1) . (sec.31-ssec.2) The chief executive must comply with any consultation requirement under the Indigenous management agreement for the protected area. (sec.31-ssec.3) In this section— consultation requirement , under an Indigenous management agreement for an Aboriginal land protected area, means a requirement under the agreement for the chief executive or department to do any of the following— give the Indigenous landholder for the area a notice about a proposed declaration under section 28 (1) ; allow the landholder to respond to the notice; consider the landholder’s response, if any; seek the landholder’s consent for the declaration; obtain the landholder’s consent for the declaration.
This section applies if— the chief executive proposes to declare a protected area or part of a protected area, other than an Aboriginal land protected area, to be a restricted access area under section 28 (1) ; and the protected area is in the Cape York Peninsula Region; and there is an Indigenous land use agreement for the protected area; and there is no Indigenous management agreement for the protected area. The chief executive must comply with any consultation requirement under the Indigenous land use agreement. In this section— consultation requirement , under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following— give a person a notice about a proposed declaration under section 28 (1) ; allow the person to respond to the notice; consider the person’s response, if any; seek the person’s consent for the declaration; obtain a person’s consent for the declaration. (sec.32-ssec.1) This section applies if— the chief executive proposes to declare a protected area or part of a protected area, other than an Aboriginal land protected area, to be a restricted access area under section 28 (1) ; and the protected area is in the Cape York Peninsula Region; and there is an Indigenous land use agreement for the protected area; and there is no Indigenous management agreement for the protected area. (sec.32-ssec.2) The chief executive must comply with any consultation requirement under the Indigenous land use agreement. (sec.32-ssec.3) In this section— consultation requirement , under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following— give a person a notice about a proposed declaration under section 28 (1) ; allow the person to respond to the notice; consider the person’s response, if any; seek the person’s consent for the declaration; obtain a person’s consent for the declaration.
A declaration made under section 28 (1) ends on the day the chief executive removes the restricted access area notice for the area. When a restricted access area notice for a restricted access area is removed, the chief executive must— publish a statement on the department’s website that the restricted access area notice has been removed; and remove from the department’s website information about how access to the area is restricted or prohibited. (sec.33-ssec.1) A declaration made under section 28 (1) ends on the day the chief executive removes the restricted access area notice for the area. (sec.33-ssec.2) When a restricted access area notice for a restricted access area is removed, the chief executive must— publish a statement on the department’s website that the restricted access area notice has been removed; and remove from the department’s website information about how access to the area is restricted or prohibited.
The chief executive may, by notice published on the department’s website, declare a commercial activity to be a prescribed commercial activity for a protected area or part of a protected area, other than a special wildlife reserve or nature refuge. The notice must state the following— that the stated commercial activity is a prescribed commercial activity for the stated protected area or part; that the chief executive may authorise a prescribed commercial activity in the area or part only under a commercial activity agreement; how a person may obtain further information about entering into a commercial activity agreement for conducting the prescribed commercial activity in the area or part. In deciding whether to make the declaration, the chief executive must have regard to the following— the object of the Act , including, in particular the conservation of the cultural and natural resources of the protected area or part; the management principles for the area; the interim or declared management intent, or management plan, for the area; the orderly and proper management of the area or part; the existing use, character and amenity, and the future or desirable use, character and amenity, of the area or part and adjacent areas, including the likely cumulative effect of the proposed use and other uses on the area; the likely contributions that potential parties to commercial activity agreements applying to the area or part will make to the management of the area or part, including, for example, contributions to the conservation and presentation of the values of the area or part. A commercial activity permit in effect for an activity that subsequently becomes a prescribed commercial activity remains in effect to authorise the activity until the permit ends or is amended by the chief executive on the ground mentioned in section 135 (a) . (sec.34-ssec.1) The chief executive may, by notice published on the department’s website, declare a commercial activity to be a prescribed commercial activity for a protected area or part of a protected area, other than a special wildlife reserve or nature refuge. (sec.34-ssec.2) The notice must state the following— that the stated commercial activity is a prescribed commercial activity for the stated protected area or part; that the chief executive may authorise a prescribed commercial activity in the area or part only under a commercial activity agreement; how a person may obtain further information about entering into a commercial activity agreement for conducting the prescribed commercial activity in the area or part. (sec.34-ssec.3) In deciding whether to make the declaration, the chief executive must have regard to the following— the object of the Act , including, in particular the conservation of the cultural and natural resources of the protected area or part; the management principles for the area; the interim or declared management intent, or management plan, for the area; the orderly and proper management of the area or part; the existing use, character and amenity, and the future or desirable use, character and amenity, of the area or part and adjacent areas, including the likely cumulative effect of the proposed use and other uses on the area; the likely contributions that potential parties to commercial activity agreements applying to the area or part will make to the management of the area or part, including, for example, contributions to the conservation and presentation of the values of the area or part. (sec.34-ssec.4) A commercial activity permit in effect for an activity that subsequently becomes a prescribed commercial activity remains in effect to authorise the activity until the permit ends or is amended by the chief executive on the ground mentioned in section 135 (a) .
The chief executive may declare an activity of a type mentioned in subsection (3) to be a special activity for a protected area or part of a protected area by displaying a notice near the entrance to the area or part. A notice under subsection (1) is a special activity notice . Each of the following is a type of activity that may be declared— an activity that will, or is reasonably likely to, have an unusual or significant impact on the cultural or natural resources of the protected area or part; an activity for which special infrastructure, training or supervision is needed before a person can safely engage in the activity; an activity that will, or is reasonably likely to, involve a risk to the public. rock climbing, white water rafting However, the chief executive may act under subsection (1) only— for a protected area other than a special wildlife reserve or nature refuge; and if section 36 applies—after the consultation process mentioned in section 36 is completed. The special activity notice must— be easily visible to passers-by; and identify the limits of the area to which the notice applies; and state the activity that is a special activity for the area; and state that, under section 269 , a person may conduct the special activity in the area or part only under— a special activity permit; or an organised event permit, commercial activity permit or commercial activity agreement specifically authorising the activity. When the special activity notice is displayed, the chief executive may also publish on the department’s website information from the notice about activities that are special activities for the area. (sec.35-ssec.1) The chief executive may declare an activity of a type mentioned in subsection (3) to be a special activity for a protected area or part of a protected area by displaying a notice near the entrance to the area or part. (sec.35-ssec.2) A notice under subsection (1) is a special activity notice . (sec.35-ssec.3) Each of the following is a type of activity that may be declared— an activity that will, or is reasonably likely to, have an unusual or significant impact on the cultural or natural resources of the protected area or part; an activity for which special infrastructure, training or supervision is needed before a person can safely engage in the activity; an activity that will, or is reasonably likely to, involve a risk to the public. rock climbing, white water rafting (sec.35-ssec.4) However, the chief executive may act under subsection (1) only— for a protected area other than a special wildlife reserve or nature refuge; and if section 36 applies—after the consultation process mentioned in section 36 is completed. (sec.35-ssec.5) The special activity notice must— be easily visible to passers-by; and identify the limits of the area to which the notice applies; and state the activity that is a special activity for the area; and state that, under section 269 , a person may conduct the special activity in the area or part only under— a special activity permit; or an organised event permit, commercial activity permit or commercial activity agreement specifically authorising the activity. (sec.35-ssec.6) When the special activity notice is displayed, the chief executive may also publish on the department’s website information from the notice about activities that are special activities for the area.
This section applies if the nature or extent of activities being conducted, or to be conducted, under an organised event permit, commercial activity permit or commercial activity agreement would be significantly affected by the making of a declaration under section 35 . However, this section does not apply if— the activity is to be declared a special activity for the area or part for the purpose of protecting wildlife or people from potential danger; and it is not practicable for the chief executive to delay the declaration for the reason of complying with this section. The chief executive must give the holder of the permit, or the other party to the agreement, a notice stating each of the following— consideration is being given to the making of a declaration under section 35 ; if the chief executive is also proposing a restrictive act for the permit or agreement—that consideration is being given to the proposed restrictive act; that the holder or other party is invited to make written submissions in relation to the proposed declaration or restrictive act. The submissions must be made to the chief executive— at an address stated in the notice; and within the period, of at least 20 business days, stated in the notice. The chief executive must consider all written submissions received in response to the notice. (sec.36-ssec.1) This section applies if the nature or extent of activities being conducted, or to be conducted, under an organised event permit, commercial activity permit or commercial activity agreement would be significantly affected by the making of a declaration under section 35 . (sec.36-ssec.2) However, this section does not apply if— the activity is to be declared a special activity for the area or part for the purpose of protecting wildlife or people from potential danger; and it is not practicable for the chief executive to delay the declaration for the reason of complying with this section. (sec.36-ssec.3) The chief executive must give the holder of the permit, or the other party to the agreement, a notice stating each of the following— consideration is being given to the making of a declaration under section 35 ; if the chief executive is also proposing a restrictive act for the permit or agreement—that consideration is being given to the proposed restrictive act; that the holder or other party is invited to make written submissions in relation to the proposed declaration or restrictive act. (sec.36-ssec.4) The submissions must be made to the chief executive— at an address stated in the notice; and within the period, of at least 20 business days, stated in the notice. (sec.36-ssec.5) The chief executive must consider all written submissions received in response to the notice.
This section applies in relation to a protected area other than a special wildlife reserve or nature refuge. The chief executive may declare the protected area or a part of the protected area to be closed to the public for a period. However, the chief executive may make the declaration only if the chief executive considers the declaration is necessary— to respond to an urgent or temporary circumstance affecting public safety; or bush fire, rock slide, flooding, maintenance works, dangerous animals nesting to otherwise ensure public health or safety. A declaration to respond to a circumstance mentioned in subsection (3) (a) may be made by publishing the declaration on the department’s website. Otherwise, a declaration may be made only by displaying a regulatory notice near the entrance to the area or part. (sec.37-ssec.1) This section applies in relation to a protected area other than a special wildlife reserve or nature refuge. (sec.37-ssec.2) The chief executive may declare the protected area or a part of the protected area to be closed to the public for a period. (sec.37-ssec.3) However, the chief executive may make the declaration only if the chief executive considers the declaration is necessary— to respond to an urgent or temporary circumstance affecting public safety; or bush fire, rock slide, flooding, maintenance works, dangerous animals nesting to otherwise ensure public health or safety. (sec.37-ssec.4) A declaration to respond to a circumstance mentioned in subsection (3) (a) may be made by publishing the declaration on the department’s website. (sec.37-ssec.5) Otherwise, a declaration may be made only by displaying a regulatory notice near the entrance to the area or part.
This section prescribes parts of national parks for the Act , section 62 (4) (a) , (b) and (c) and section 62 (7) , definition prescribed place . Each part of a national park stated in schedule 5 , column 2, opposite the national park stated in schedule 5 , column 1, is prescribed. (sec.38-ssec.1) This section prescribes parts of national parks for the Act , section 62 (4) (a) , (b) and (c) and section 62 (7) , definition prescribed place . (sec.38-ssec.2) Each part of a national park stated in schedule 5 , column 2, opposite the national park stated in schedule 5 , column 1, is prescribed.
For section 62 (4) of the Act , the conditions prescribed for taking a permitted animal are— the taking must comply with any regulatory notice applying to the prescribed place in which the taking happens; and if the Fisheries Act 1994 applies to the animal—the taking must be carried out in a way that complies with, or is not prohibited by, that Act. In this section— permitted animal means an animal mentioned in section 62 (4) of the Act , other than an animal not authorised to be taken under section 62 (5) of the Act . (sec.39-ssec.1) For section 62 (4) of the Act , the conditions prescribed for taking a permitted animal are— the taking must comply with any regulatory notice applying to the prescribed place in which the taking happens; and if the Fisheries Act 1994 applies to the animal—the taking must be carried out in a way that complies with, or is not prohibited by, that Act. (sec.39-ssec.2) In this section— permitted animal means an animal mentioned in section 62 (4) of the Act , other than an animal not authorised to be taken under section 62 (5) of the Act .
For section 62 (5) (c) of the Act , each species of the genus Euastacus (freshwater spiny crays) is prescribed.
A person may take a permitted animal in a conservation park or resources reserve only as follows— the taking must comply with any regulatory notice applying to the park or reserve, or part of the park or reserve, in which the taking happens; if the Fisheries Act 1994 applies to the animal—the taking must be carried out in a way that complies with, or is not prohibited by, that Act; if the animal is a mud crab—the taking must be for a purpose other than for use as bait; if the animal is another invertebrate animal—the taking must be for use as bait to take a permitted fish. In this section— permitted fish means a permitted animal that is a fish. permitted animal means any of the following animals— a fish other than a fish prescribed as threatened or near threatened wildlife; a mud crab; another invertebrate animal, other than— an invertebrate animal prescribed as threatened or near threatened wildlife; or a species of the genus Euastacus (freshwater spiny cray). (sec.41-ssec.1) A person may take a permitted animal in a conservation park or resources reserve only as follows— the taking must comply with any regulatory notice applying to the park or reserve, or part of the park or reserve, in which the taking happens; if the Fisheries Act 1994 applies to the animal—the taking must be carried out in a way that complies with, or is not prohibited by, that Act; if the animal is a mud crab—the taking must be for a purpose other than for use as bait; if the animal is another invertebrate animal—the taking must be for use as bait to take a permitted fish. (sec.41-ssec.2) In this section— permitted fish means a permitted animal that is a fish. permitted animal means any of the following animals— a fish other than a fish prescribed as threatened or near threatened wildlife; a mud crab; another invertebrate animal, other than— an invertebrate animal prescribed as threatened or near threatened wildlife; or a species of the genus Euastacus (freshwater spiny cray).
For section 36A (2) (a) of the Act , an area stated in schedule 6 , column 2, within the national park stated opposite the area in schedule 6 , column 1, is prescribed as an apiary area for the national park. A reference in schedule 6 to a former forest reserve is a reference to the area that was dedicated as the forest reserve before the area became dedicated as a national park, as shown on a map or plan held by, and available for inspection from, the department. (sec.42-ssec.1) For section 36A (2) (a) of the Act , an area stated in schedule 6 , column 2, within the national park stated opposite the area in schedule 6 , column 1, is prescribed as an apiary area for the national park. (sec.42-ssec.2) A reference in schedule 6 to a former forest reserve is a reference to the area that was dedicated as the forest reserve before the area became dedicated as a national park, as shown on a map or plan held by, and available for inspection from, the department.
For section 36A (2) (b) of the Act , this section prescribes a requirement for granting an apiary permit for an apiary area in a national park. The chief executive must not grant an apiary permit for an apiary area if, because of the grant, beekeeping would be authorised in relation to more than the number of apiary sites stated in schedule 6 , column 3 opposite the apiary area. (sec.43-ssec.1) For section 36A (2) (b) of the Act , this section prescribes a requirement for granting an apiary permit for an apiary area in a national park. (sec.43-ssec.2) The chief executive must not grant an apiary permit for an apiary area if, because of the grant, beekeeping would be authorised in relation to more than the number of apiary sites stated in schedule 6 , column 3 opposite the apiary area.
This section applies in relation to a protected area other than a special wildlife reserve or nature refuge. The chief executive may conduct a general muster of stock on the protected area if the chief executive— reasonably believes it is necessary for the management of the area; and gives each relevant landholder for the area a notice stating the chief executive intends to conduct the muster on a stated day. The notice must be given at least 5 business days before the stated day. A relevant landholder for the protected area may be present at and take part in the muster. The chief executive may ask the person the chief executive reasonably believes is the owner of stock found on the protected area during the muster to remove the stock from the area. See also section 154E of the Act . In this section— relevant landholder , for a protected area, means a landholder of land adjoining the area. (sec.44-ssec.1) This section applies in relation to a protected area other than a special wildlife reserve or nature refuge. (sec.44-ssec.2) The chief executive may conduct a general muster of stock on the protected area if the chief executive— reasonably believes it is necessary for the management of the area; and gives each relevant landholder for the area a notice stating the chief executive intends to conduct the muster on a stated day. (sec.44-ssec.3) The notice must be given at least 5 business days before the stated day. (sec.44-ssec.4) A relevant landholder for the protected area may be present at and take part in the muster. (sec.44-ssec.5) The chief executive may ask the person the chief executive reasonably believes is the owner of stock found on the protected area during the muster to remove the stock from the area. See also section 154E of the Act . (sec.44-ssec.6) In this section— relevant landholder , for a protected area, means a landholder of land adjoining the area.
A person employed or engaged by the Queensland Herbarium may take, use, keep or interfere with a natural resource of a protected area if— the taking, use, keeping or interfering is for performing a function for which the Queensland Herbarium is established; and the person notifies the chief executive in the approved form at least 7 days before taking, using, keeping or interfering with the natural resource. In this section— Queensland Herbarium means the part of the department known as the ‘Queensland Herbarium’. (sec.45-ssec.1) A person employed or engaged by the Queensland Herbarium may take, use, keep or interfere with a natural resource of a protected area if— the taking, use, keeping or interfering is for performing a function for which the Queensland Herbarium is established; and the person notifies the chief executive in the approved form at least 7 days before taking, using, keeping or interfering with the natural resource. (sec.45-ssec.2) In this section— Queensland Herbarium means the part of the department known as the ‘Queensland Herbarium’.
This chapter— authorises persons to take, use, keep or interfere with the cultural or natural resources of particular protected areas in particular circumstances; and provides for additional matters the chief executive must consider for the grant of resources permits or apiary permits; and provides for restrictions on the grant of those permits by the chief executive. See chapter 5 about other restrictions and matters the chief executive must consider when deciding applications for all protected area authorities. See also section 137 of the Act about the requirement for particular licences, permits or other authorities to be consistent with management principles and particular management instruments.
The chief executive may grant a resources permit or an apiary permit for a protected area after considering the matters provided for under this chapter and chapter 5 .
The chief executive may grant a protected area authority to a person for an Aboriginal land protected area only if the chief executive complies with any consultation requirement under an Indigenous management agreement for the area. In this section— consultation requirement , under an Indigenous management agreement for an Aboriginal land protected area, means a requirement under the agreement for the chief executive or department to do any of the following things— give the Indigenous landholder for the area a notice about an application for a protected area authority for the area; allow the landholder to respond to the notice; consider the landholder’s response, if any; seek the landholder’s consent for the grant of the authority; obtain the landholder’s consent for the grant of the authority. (sec.48-ssec.1) The chief executive may grant a protected area authority to a person for an Aboriginal land protected area only if the chief executive complies with any consultation requirement under an Indigenous management agreement for the area. (sec.48-ssec.2) In this section— consultation requirement , under an Indigenous management agreement for an Aboriginal land protected area, means a requirement under the agreement for the chief executive or department to do any of the following things— give the Indigenous landholder for the area a notice about an application for a protected area authority for the area; allow the landholder to respond to the notice; consider the landholder’s response, if any; seek the landholder’s consent for the grant of the authority; obtain the landholder’s consent for the grant of the authority.
This section applies in relation to the grant of a protected area authority for a protected area if— the area is in the Cape York Peninsula Region; and there is an Indigenous land use agreement for the area; and there is no Indigenous management agreement for the area. The chief executive may grant the protected area authority only if the chief executive complies with any consultation requirement under the Indigenous land use agreement. In this section— consultation requirement , under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following things— give a person a notice about an application for a protected area authority for the area; allow the person to respond to the notice; consider the person’s response, if any; seek the person’s consent for the grant of the authority; obtain the person’s consent for the grant of the authority. (sec.49-ssec.1) This section applies in relation to the grant of a protected area authority for a protected area if— the area is in the Cape York Peninsula Region; and there is an Indigenous land use agreement for the area; and there is no Indigenous management agreement for the area. (sec.49-ssec.2) The chief executive may grant the protected area authority only if the chief executive complies with any consultation requirement under the Indigenous land use agreement. (sec.49-ssec.3) In this section— consultation requirement , under an Indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following things— give a person a notice about an application for a protected area authority for the area; allow the person to respond to the notice; consider the person’s response, if any; seek the person’s consent for the grant of the authority; obtain the person’s consent for the grant of the authority.
The chief executive may grant a resources permit to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit. However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities. (sec.50-ssec.1) The chief executive may grant a resources permit to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit. (sec.50-ssec.2) However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.
The chief executive may grant a resources permit authorising the removal of quarry material only for a resources reserve.
In this subdivision— permitted plant part means the following parts of a plant— a seed or other propagative material; foliage, a flower or an inflorescence.
The chief executive may grant a resources permit authorising the taking of a plant only— for a permitted plant part from a least concern plant from— a special management area (controlled action); or a conservation park; or a resources reserve; or a nature refuge; or if the permit is for conservation purposes—for a seed or other propagative material from any plant for a protected area, other than a national park (scientific); or if the permit is for scientific purposes—for a permitted plant part from any plant for a protected area, other than a national park (scientific). See also subdivision 3 and 5 for additional restrictions in relation to conservation and scientific purposes. The chief executive may grant under subsection (1) (a) (i) only if the taking is a prescribed activity allowed in the special management area (controlled action) under section 42A of the Act . The chief executive may grant under subsection (1) (b) or (c) only if the chief executive is satisfied the proposed taking, use, keeping or interfering with the permitted plant is likely to result in a gain for conservation of the species of plant for which the permit is to be granted. (sec.53-ssec.1) The chief executive may grant a resources permit authorising the taking of a plant only— for a permitted plant part from a least concern plant from— a special management area (controlled action); or a conservation park; or a resources reserve; or a nature refuge; or if the permit is for conservation purposes—for a seed or other propagative material from any plant for a protected area, other than a national park (scientific); or if the permit is for scientific purposes—for a permitted plant part from any plant for a protected area, other than a national park (scientific). See also subdivision 3 and 5 for additional restrictions in relation to conservation and scientific purposes. (sec.53-ssec.2) The chief executive may grant under subsection (1) (a) (i) only if the taking is a prescribed activity allowed in the special management area (controlled action) under section 42A of the Act . (sec.53-ssec.3) The chief executive may grant under subsection (1) (b) or (c) only if the chief executive is satisfied the proposed taking, use, keeping or interfering with the permitted plant is likely to result in a gain for conservation of the species of plant for which the permit is to be granted.
The chief executive may grant a resources permit for conservation purposes for a cultural or natural resource of a protected area only if the chief executive is satisfied— the proposed taking, use or keeping of, or interference with, the resource is ecologically sustainable; and if the resource is a cultural resource of significance to an interested group in relation to the protected area from which the resource is to be taken—the proposed taking, use or keeping of, or interference with, the resource has appropriate regard to the wishes of the interested group.
The chief executive may grant a resources permit for conservation purposes for a cultural or natural resource of a protected area only if the chief executive is satisfied— the conservation purpose for which the resource is proposed to be taken, used, kept or interfered with under the permit is a genuine conservation purpose; and the conservation purpose can only reasonably be conducted in the protected area or part of the protected area for which the permit is to be granted.
The chief executive must not grant a resources permit for conservation purposes to an individual. The chief executive may grant a resources permit for conservation purposes to a corporation only if the chief executive is satisfied— the corporation has an established reputation in a relevant field of conservation research; and the person who will be supervising the taking, using, keeping or interference under the permit has demonstrated experience or knowledge in a relevant field of conservation research; and the taking, using, keeping or interference to be conducted under the permit is not for commercial gain by the corporation. (sec.56-ssec.1) The chief executive must not grant a resources permit for conservation purposes to an individual. (sec.56-ssec.2) The chief executive may grant a resources permit for conservation purposes to a corporation only if the chief executive is satisfied— the corporation has an established reputation in a relevant field of conservation research; and the person who will be supervising the taking, using, keeping or interference under the permit has demonstrated experience or knowledge in a relevant field of conservation research; and the taking, using, keeping or interference to be conducted under the permit is not for commercial gain by the corporation.
The chief executive may grant a resources permit for educational purposes for a cultural or natural resource of a protected area only if the chief executive is satisfied— the proposed taking, use or keeping of, or interference with, the resource is ecologically sustainable; and if the resource is a cultural resource of significance to an interested group in relation to the protected area from which the resource is to be taken—the proposed taking, use or keeping of, or interference with, the resource has appropriate regard to the wishes of the interested group.
The chief executive may grant a resources permit for educational purposes for a cultural or natural resource of a protected area only if the chief executive is satisfied— the educational purpose for which the resource is proposed to be taken, used, kept or interfered with under the permit is a genuine educational purpose; and the educational purpose can only reasonably be conducted in the protected area or part of the protected area for which the permit is to be granted.
The chief executive may grant a resources permit for educational purposes for a cultural or natural resource of a protected area to an individual only if the chief executive is satisfied— the individual— holds a tertiary qualification relevant to the activities to be conducted under the permit; or has demonstrated experience and knowledge in relation to the activities to be conducted under the permit; and if the permit is to authorise the individual to keep live animals—the individual has experience in the care and husbandry of the species of animals for which the permit is to be granted. The chief executive may grant a resources permit for educational purposes to a corporation only if the corporation is an educational institution or organisation. (sec.59-ssec.1) The chief executive may grant a resources permit for educational purposes for a cultural or natural resource of a protected area to an individual only if the chief executive is satisfied— the individual— holds a tertiary qualification relevant to the activities to be conducted under the permit; or has demonstrated experience and knowledge in relation to the activities to be conducted under the permit; and if the permit is to authorise the individual to keep live animals—the individual has experience in the care and husbandry of the species of animals for which the permit is to be granted. (sec.59-ssec.2) The chief executive may grant a resources permit for educational purposes to a corporation only if the corporation is an educational institution or organisation.
The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource of a protected area only if— the proposed taking, use or keeping of, or interference with, the resource is ecologically sustainable; and if the resource is a cultural resource of significance to an interested group in relation to the protected area from which the resource is to be taken—the proposed taking, use or keeping of, or interference with, the resource has appropriate regard to the wishes of the interested group.
The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource of a protected area only if the chief executive is satisfied— the scientific purpose for which the resource is to be taken, used, kept or interfered with is a genuine scientific purpose; and the scientific purpose can only reasonably be conducted in the protected area or part of the protected area for which the permit is to be granted.
The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource of a protected area to an individual only if the chief executive— is satisfied— the individual is associated with a separate entity that is involved in scientific research; and the way the scientific purpose, for which the permit is to be granted, is to be achieved is consistent with the requirements of the entity; and the application for the permit is supported by the person responsible for the management or control of the entity; or is satisfied the individual is receiving, or has completed, postgraduate training in scientific research relevant to the activities to be conducted under the permit; or is satisfied the individual has achieved a satisfactory level of competence in scientific research relevant to the activities to be conducted under the permit; or is satisfied the individual has an established reputation in the field of scientific research relevant to the activities to be conducted under the permit. The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource of a protected area to a corporation only if the chief executive is satisfied— 1 or more of the executive officers or employees of the corporation have achieved a satisfactory level of competence in scientific research relevant to the activities to be conducted under the permit; or the corporation has an established reputation in the field of scientific research relevant to the activities to be conducted under the permit. (sec.62-ssec.1) The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource of a protected area to an individual only if the chief executive— is satisfied— the individual is associated with a separate entity that is involved in scientific research; and the way the scientific purpose, for which the permit is to be granted, is to be achieved is consistent with the requirements of the entity; and the application for the permit is supported by the person responsible for the management or control of the entity; or is satisfied the individual is receiving, or has completed, postgraduate training in scientific research relevant to the activities to be conducted under the permit; or is satisfied the individual has achieved a satisfactory level of competence in scientific research relevant to the activities to be conducted under the permit; or is satisfied the individual has an established reputation in the field of scientific research relevant to the activities to be conducted under the permit. (sec.62-ssec.2) The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource of a protected area to a corporation only if the chief executive is satisfied— 1 or more of the executive officers or employees of the corporation have achieved a satisfactory level of competence in scientific research relevant to the activities to be conducted under the permit; or the corporation has an established reputation in the field of scientific research relevant to the activities to be conducted under the permit.
The chief executive may grant a resources permit for a special wildlife reserve only if the permit is granted for a conservation, educational or scientific purpose for a cultural or natural resource of the reserve. The chief executive may grant a resources permit for a special wildlife reserve or nature refuge only with the consent of the landholder of the land in the reserve or refuge. (sec.63-ssec.1) The chief executive may grant a resources permit for a special wildlife reserve only if the permit is granted for a conservation, educational or scientific purpose for a cultural or natural resource of the reserve. (sec.63-ssec.2) The chief executive may grant a resources permit for a special wildlife reserve or nature refuge only with the consent of the landholder of the land in the reserve or refuge.
A resources permit authorises the holder of the permit, or a relevant person for the holder, to take, use, keep and interfere with the cultural or natural resources stated in the permit of the stated protected area or part of a protected area.
If a resources permit specifically states entry into a stated restricted access area is authorised, the holder of the permit, or a relevant person for the holder, is authorised to enter and remain in the area. However, a resources permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public. (sec.65-ssec.1) If a resources permit specifically states entry into a stated restricted access area is authorised, the holder of the permit, or a relevant person for the holder, is authorised to enter and remain in the area. (sec.65-ssec.2) However, a resources permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public.
The holder of a resources permit authorising the removal of quarry material from a resources reserve must pay the State 2.85 fee units for each cubic metre of quarry material removed from the reserve. The royalty is payable— if the permit is granted for a stated amount of quarry material to be removed under the permit—in total when the permit is granted; or otherwise—monthly, at the end of each month during which quarry material is removed under the permit. However, the chief executive may exempt a government entity or a local government from paying the whole or part of the royalty payable under this section if the chief executive considers it is appropriate having regard to each of the following— the purpose for which the reserve was declared to be a resources reserve; whether the material is to be used for a public purpose; whether there is another source for the material that is not in a protected area; if there is another source for the material that is not in a protected area—the costs involved in obtaining the material from the other source relative to the costs involved in obtaining the material from the resources reserve. A royalty payable under this section is a debt due to the State. In this section— government entity see the Public Sector Act 2022 , section 276 . (sec.66-ssec.1) The holder of a resources permit authorising the removal of quarry material from a resources reserve must pay the State 2.85 fee units for each cubic metre of quarry material removed from the reserve. (sec.66-ssec.2) The royalty is payable— if the permit is granted for a stated amount of quarry material to be removed under the permit—in total when the permit is granted; or otherwise—monthly, at the end of each month during which quarry material is removed under the permit. (sec.66-ssec.3) However, the chief executive may exempt a government entity or a local government from paying the whole or part of the royalty payable under this section if the chief executive considers it is appropriate having regard to each of the following— the purpose for which the reserve was declared to be a resources reserve; whether the material is to be used for a public purpose; whether there is another source for the material that is not in a protected area; if there is another source for the material that is not in a protected area—the costs involved in obtaining the material from the other source relative to the costs involved in obtaining the material from the resources reserve. (sec.66-ssec.4) A royalty payable under this section is a debt due to the State. (sec.66-ssec.5) In this section— government entity see the Public Sector Act 2022 , section 276 .
The chief executive may grant an apiary permit only for— an apiary area in a national park; or a conservation park; or a resources reserve. See also chapter 2 , part 4 , division 2 , in relation to apiary permits for national parks. (sec.67-ssec) The chief executive may grant an apiary permit only for— an apiary area in a national park; or a conservation park; or a resources reserve. See also chapter 2 , part 4 , division 2 , in relation to apiary permits for national parks.
The chief executive may grant an apiary permit for an apiary area, conservation park or resources reserve only if— the permit relates to a site in the area, park or reserve on which beehives for beekeeping under the permit may be placed and maintained by the holder of the permit, or a relevant person for the holder; and the area of the site is no more than 600m 2 . A site mentioned in subsection (1) is an apiary site . (sec.68-ssec.1) The chief executive may grant an apiary permit for an apiary area, conservation park or resources reserve only if— the permit relates to a site in the area, park or reserve on which beehives for beekeeping under the permit may be placed and maintained by the holder of the permit, or a relevant person for the holder; and the area of the site is no more than 600m 2 . (sec.68-ssec.2) A site mentioned in subsection (1) is an apiary site .
The chief executive can not grant an apiary permit allowing more than 150 beehives for an apiary site.
The chief executive may grant an apiary permit to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit. However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities. (sec.70-ssec.1) The chief executive may grant an apiary permit to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit. (sec.70-ssec.2) However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.
An apiary permit is a permit that authorises the holder of the permit, or a relevant person for the holder, to take, use, keep and interfere with the cultural or natural resources of the protected area or part of a protected area stated in the permit only for the purpose of operating an apiary.
If an apiary permit specifically states entry into a stated restricted access area is authorised, the holder of the permit, or a relevant person for the holder, is authorised to enter and remain in the restricted access area. However, an apiary permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public. (sec.72-ssec.1) If an apiary permit specifically states entry into a stated restricted access area is authorised, the holder of the permit, or a relevant person for the holder, is authorised to enter and remain in the restricted access area. (sec.72-ssec.2) However, an apiary permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public.
The chief executive may give a person a written permission to conduct an activity the chief executive considers to be reasonable and necessary to significantly reduce the population of, or eradicate, wildlife that is not native wildlife in a protected area (a controlling activity ). However, if the protected area is a special wildlife reserve or nature refuge, the chief executive may give the permission only with the consent of the landholder of the land in the reserve or refuge. The permission must state— how, where and when the controlling activity may be conducted; and the conditions of the permission. Without limiting the conditions the chief executive may impose on the permission, the chief executive may impose conditions about any of the following matters— taking out public liability insurance for the controlling activity; dealing with wildlife taken under the permission; reporting to the chief executive. A permission given under this section authorises the person to whom it is given to take, use, keep or interfere with the cultural or natural resources of the protected area stated in the permission, for conducting the controlling activity stated in the permission. (sec.73-ssec.1) The chief executive may give a person a written permission to conduct an activity the chief executive considers to be reasonable and necessary to significantly reduce the population of, or eradicate, wildlife that is not native wildlife in a protected area (a controlling activity ). (sec.73-ssec.2) However, if the protected area is a special wildlife reserve or nature refuge, the chief executive may give the permission only with the consent of the landholder of the land in the reserve or refuge. (sec.73-ssec.3) The permission must state— how, where and when the controlling activity may be conducted; and the conditions of the permission. (sec.73-ssec.4) Without limiting the conditions the chief executive may impose on the permission, the chief executive may impose conditions about any of the following matters— taking out public liability insurance for the controlling activity; dealing with wildlife taken under the permission; reporting to the chief executive. (sec.73-ssec.5) A permission given under this section authorises the person to whom it is given to take, use, keep or interfere with the cultural or natural resources of the protected area stated in the permission, for conducting the controlling activity stated in the permission.
This chapter— authorises persons to conduct particular activities for accessing or using particular protected areas; and provides for additional matters the chief executive must consider for the grant of activity permits; and provides for restrictions on the grant of activity permits by the chief executive; and states requirements for keeping records and returns of operation for particular commercial activity and organised event permits. See chapter 5 about other restrictions and matters the chief executive must consider when deciding applications for all protected area authorities.
The chief executive may grant an activity permit for a protected area after considering the matters provided for under this chapter and chapter 5 .
The chief executive may not grant an activity permit for a protected area that is inconsistent with— the management principles for the area; and any of the following for the area— the interim or declared management intent; the management plan; the conservation agreement. See also section 137 of the Act in relation to similar restrictions on issuing or giving a licence, permit or authority to take, use, keep or interfere with cultural or natural resource of a protected area.
This section applies in relation to an activity permit other than— a camping permit; or a permit to solicit donations or information. The chief executive may grant the activity permit to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit. However, subsection (2) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities under the activity permit, including whether insurance is commonly available for the activities. (sec.77-ssec.1) This section applies in relation to an activity permit other than— a camping permit; or a permit to solicit donations or information. (sec.77-ssec.2) The chief executive may grant the activity permit to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit. (sec.77-ssec.3) However, subsection (2) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities under the activity permit, including whether insurance is commonly available for the activities.
The only types of activity permit the chief executive may grant for a special wildlife reserve are the following— a restricted access area permit; a stock mustering permit; a travelling stock permit. The chief executive may grant an activity permit mentioned in this section only with the consent of the landholder of the land in the special wildlife reserve. (sec.78-ssec.1) The only types of activity permit the chief executive may grant for a special wildlife reserve are the following— a restricted access area permit; a stock mustering permit; a travelling stock permit. (sec.78-ssec.2) The chief executive may grant an activity permit mentioned in this section only with the consent of the landholder of the land in the special wildlife reserve.
The only type of activity permit the chief executive may grant for a nature refuge is a restricted access area permit. The chief executive may grant a restricted access area permit only with the consent of the landholder of the land in the nature refuge. (sec.79-ssec.1) The only type of activity permit the chief executive may grant for a nature refuge is a restricted access area permit. (sec.79-ssec.2) The chief executive may grant a restricted access area permit only with the consent of the landholder of the land in the nature refuge.
If a prescribed activity permit specifically states entry into a stated restricted access area is authorised, the holder of the permit, or a relevant person for the holder, is authorised to enter and remain in the restricted access area. In this section— prescribed activity permit means— a stock grazing permit; or a stock mustering permit; or a permit to enter a national park (scientific); or a commercial activity permit; or an organised event permit. (sec.80-ssec.1) If a prescribed activity permit specifically states entry into a stated restricted access area is authorised, the holder of the permit, or a relevant person for the holder, is authorised to enter and remain in the restricted access area. (sec.80-ssec.2) In this section— prescribed activity permit means— a stock grazing permit; or a stock mustering permit; or a permit to enter a national park (scientific); or a commercial activity permit; or an organised event permit.
An activity permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public. For subsection (1) , a person camping under a camping permit, other than the holder of the permit, is taken to be a relevant person for the holder. (sec.81-ssec.1) An activity permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public. (sec.81-ssec.2) For subsection (1) , a person camping under a camping permit, other than the holder of the permit, is taken to be a relevant person for the holder.
A camping permit is a permit that authorises the holder of the permit, together with the number of persons stated in the permit, to camp in the protected area or camping area for the period stated in the permit.
The chief executive may grant a stock grazing permit for only— a special management area (controlled action); or a conservation park; or a resources reserve. However, the chief executive may grant a stock grazing permit for a special management area (controlled action) only for a prescribed activity stated in the notice declaring the area under section 42A of the Act . (sec.83-ssec.1) The chief executive may grant a stock grazing permit for only— a special management area (controlled action); or a conservation park; or a resources reserve. (sec.83-ssec.2) However, the chief executive may grant a stock grazing permit for a special management area (controlled action) only for a prescribed activity stated in the notice declaring the area under section 42A of the Act .
A stock grazing permit is a permit that authorises the holder of the permit, or a relevant person for the holder, to graze stock in the protected area or part of a protected area stated in the permit.
The holder of a stock grazing permit must pay the permit fee payable under chapter 8 for the permit on each anniversary of the first day of the term of the permit.
A stock mustering permit is a permit that authorises the holder of the permit, or a relevant person for the holder, to muster stock in the protected area or part of a protected area stated in the permit.
This section applies if the chief executive has— stated in a stock mustering permit that the holder of the permit may use a horse, a stated breed of dog or a stated type of vehicle for mustering stock under the permit; or given the holder of a stock mustering permit a notice stating the holder may use a horse, a stated breed of dog or a stated type of vehicle for mustering stock under the permit. The permit authorises the holder, or a relevant person for the holder, to use a horse, a dog of the stated breed or a vehicle of the stated type for mustering stock under the permit. (sec.87-ssec.1) This section applies if the chief executive has— stated in a stock mustering permit that the holder of the permit may use a horse, a stated breed of dog or a stated type of vehicle for mustering stock under the permit; or given the holder of a stock mustering permit a notice stating the holder may use a horse, a stated breed of dog or a stated type of vehicle for mustering stock under the permit. (sec.87-ssec.2) The permit authorises the holder, or a relevant person for the holder, to use a horse, a dog of the stated breed or a vehicle of the stated type for mustering stock under the permit.
The chief executive may not grant a travelling stock permit for a national park (scientific) or nature refuge. See also section 78 about granting a travelling stock permit on a special wildlife reserve.
A travelling stock permit is a permit that authorises the holder of the permit, or a relevant person for the holder, to travel stock in the protected area or part of a protected area stated in the permit.
A restricted access area permit is a permit that authorises the holder of the permit, or a relevant person for the holder, to enter and remain in the restricted access area stated in the permit for the purpose stated in the permit. conducting scientific research
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Nature Conservation (Protected Areas Management) Regulation 2024 .
This regulation commences on 22 September 2024.
The dictionary in schedule 10 defines particular words used in this regulation.
In this regulation, the character , of an area, means the characteristics of the area that affect the enjoyment or experience of a person using the area for a purpose for which it is normally used. For subsection (1) , each of the following characteristics of an area affect the enjoyment or experience of a person using the area— the extent to which the natural condition of the area has been, or is likely to be, modified by human activity, including, for example, by— roads or other access routes; or buildings or other structures; or litter; or noise from human activity; the extent to which the person is likely to experience social interaction with other people in the area, having regard to the normal amount of social interaction that would be reasonably expected in the area; the extent of regulation of activities within the area, including, in particular, through signs, regulatory notices and enforcement activities. (sec.4-ssec.1) In this regulation, the character , of an area, means the characteristics of the area that affect the enjoyment or experience of a person using the area for a purpose for which it is normally used. (sec.4-ssec.2) For subsection (1) , each of the following characteristics of an area affect the enjoyment or experience of a person using the area— the extent to which the natural condition of the area has been, or is likely to be, modified by human activity, including, for example, by— roads or other access routes; or buildings or other structures; or litter; or noise from human activity; the extent to which the person is likely to experience social interaction with other people in the area, having regard to the normal amount of social interaction that would be reasonably expected in the area; the extent of regulation of activities within the area, including, in particular, through signs, regulatory notices and enforcement activities.
Who is affected
Why this matters (practical effects, incentives and trade-offs)
Concrete costs, incentives and likely behavioural effects
Key cross-references (examples)
Bottom line: the regulation turns protected‑area management into a detailed authorisation regime balancing conservation, public safety and controlled commercial use. It centralises operational discretion with the chief executive, builds an explicit commercial‑agreement pathway and creates significant documentation, reporting and suitability obligations for operators — while embedding Indigenous consultation hooks and broad enforcement tools.
An activity is a commercial activity in relation to a protected area if— the activity is conducted for gain in, over or adjacent to the area; or the activity is advertising or promoting the use of the area for gain. the hire or sale of goods or services in a protected area a guided tour, scenic flight or cruise in, over or adjacent to a protected area commercial photography of a protected area advertising a protected area to promote a tour, scenic flight, tourist facility or resort However, a commercial activity does not include— an activity for which the use of a protected area is incidental to, and not integral to, the conducting of the activity; or a scheduled bus service through a protected area that is not a part of a tour a trade service provided in a protected area for the chief executive or a person authorised to use the area a vehicle towing or repair service provided in a protected area for a visitor to the area an exempt media activity. In this section— exempt media activity means either of the following activities— filming or photography— that involves no more than 10 persons; and that does not involve the construction or use of a prescribed structure; filming or photography in relation to an event— that is conducted when, or as soon as practicable after, the event happens; and that is conducted for publishing a report of the event— on television or in a newspaper, magazine or similar publication; and to inform the public about the event; and that is a type of filming or photography the chief executive has stated is an exempt media activity on the department’s website. (sec.5-ssec.1) An activity is a commercial activity in relation to a protected area if— the activity is conducted for gain in, over or adjacent to the area; or the activity is advertising or promoting the use of the area for gain. the hire or sale of goods or services in a protected area a guided tour, scenic flight or cruise in, over or adjacent to a protected area commercial photography of a protected area advertising a protected area to promote a tour, scenic flight, tourist facility or resort (sec.5-ssec.2) However, a commercial activity does not include— an activity for which the use of a protected area is incidental to, and not integral to, the conducting of the activity; or a scheduled bus service through a protected area that is not a part of a tour a trade service provided in a protected area for the chief executive or a person authorised to use the area a vehicle towing or repair service provided in a protected area for a visitor to the area an exempt media activity. (sec.5-ssec.3) In this section— exempt media activity means either of the following activities— filming or photography— that involves no more than 10 persons; and that does not involve the construction or use of a prescribed structure; filming or photography in relation to an event— that is conducted when, or as soon as practicable after, the event happens; and that is conducted for publishing a report of the event— on television or in a newspaper, magazine or similar publication; and to inform the public about the event; and that is a type of filming or photography the chief executive has stated is an exempt media activity on the department’s website.
An organised event is an event involving activities, other than commercial activities— that includes the organised use of a protected area or part of a protected area; and that is likely— to have a detrimental impact on the area or part; or to affect the use of the area or part by other people. a showcase of historical vehicles, a trail run, training exercises conducted by the Australian Defence Force For considering the impact or effect of an event mentioned in subsection (1) under this regulation, regard must be had to the following matters— the location of the protected area or part; the number of people, vehicles or resources involved in the event or likely to be in the area or part when the event is conducted; the type of event; the timing of the event; any likely disturbance to the area or part as a result of conducting the event; the extent to which conducting the event may restrict access to the area or part by the general public. However, an organised event does not include an event involving activities conducted— by a community or group of Aboriginal people under Aboriginal tradition in a protected area with which the community or group has a traditional, customary or historical link under Aboriginal tradition; or by a community or group of Torres Strait Islander peoples under Ailan Kastom in a protected area with which the community or group has a traditional, customary or historical link under Ailan Kastom. (sec.6-ssec.1) An organised event is an event involving activities, other than commercial activities— that includes the organised use of a protected area or part of a protected area; and that is likely— to have a detrimental impact on the area or part; or to affect the use of the area or part by other people. a showcase of historical vehicles, a trail run, training exercises conducted by the Australian Defence Force (sec.6-ssec.2) For considering the impact or effect of an event mentioned in subsection (1) under this regulation, regard must be had to the following matters— the location of the protected area or part; the number of people, vehicles or resources involved in the event or likely to be in the area or part when the event is conducted; the type of event; the timing of the event; any likely disturbance to the area or part as a result of conducting the event; the extent to which conducting the event may restrict access to the area or part by the general public. (sec.6-ssec.3) However, an organised event does not include an event involving activities conducted— by a community or group of Aboriginal people under Aboriginal tradition in a protected area with which the community or group has a traditional, customary or historical link under Aboriginal tradition; or by a community or group of Torres Strait Islander peoples under Ailan Kastom in a protected area with which the community or group has a traditional, customary or historical link under Ailan Kastom.
A protected area authority means any of the following permits for a protected area— a resources permit; an apiary permit; a permit that is an activity permit under subsection (3) . A resources permit is a permit to take, use, keep or interfere with cultural or natural resources of a protected area. An activity permit is any of the following permits for a protected area— a camping permit; a commercial activity permit; an organised event permit; a permit to enter a national park (scientific); a permit to solicit donations or information; a permit to use recreational craft; a restricted access area permit; a special activity permit; a stock grazing permit; a stock mustering permit; a travelling stock permit. (sec.7-ssec.1) A protected area authority means any of the following permits for a protected area— a resources permit; an apiary permit; a permit that is an activity permit under subsection (3) . (sec.7-ssec.2) A resources permit is a permit to take, use, keep or interfere with cultural or natural resources of a protected area. (sec.7-ssec.3) An activity permit is any of the following permits for a protected area— a camping permit; a commercial activity permit; an organised event permit; a permit to enter a nat
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