Wet Tropics World Heritage Protection and Management Act 1993
In ForceQLD
Jurisdiction
Queensland
Act Number
50 of 1993
Collection
act
Plain English Summary
7/10 complexity
The Act establishes the Wet Tropics Management Authority to prepare and enforce Governor‑in‑Council management plans that prioritise World Heritage protection. Those plans can restrict land uses, create offences and licensing regimes, and override inconsistent local planning.
That regime affects landholders, local government and commercial operators—imposing permits, inspections and criminal/civil penalties, while providing time‑limited compensation where approved restrictions injure existing lawful uses. Ministers appoint directors, approve plans and oversee budgets.
The Wet Tropics World Heritage Protection and Management Act 1993 establishes a comprehensive statutory regime for the protection, management, and presentation of the Wet Tropics of Queensland World Heritage Area. At its core, the Act creates the Wet Tropics Management Authority as a body corporate that represents the Crown (ss.6-9) with the explicit object of ensuring Australia's obligations under the World Heritage Convention are discharged in relation to this globally significant rainforest ecosystem (s.7).
The Authority's functions, exhaustively listed in s.10(1), span policy development and implementation, formulation of performance indicators, advisory and recommendation roles to both State and Commonwealth Ministers, preparation and enforcement of management plans, administration of funding, entry into cooperative management agreements (including joint management agreements with Aboriginal people particularly concerned with the land), rehabilitation works, research dissemination, education programs, promotion, inter-governmental liaison, monitoring, and incidental functions. These must be performed consistently with the protection of natural heritage values (s.10(4)), with regard to Aboriginal tradition "as far as practicable" (s.10(5)), and in alignment with the National Strategy for Ecologically Sustainable Development (s.10(6)). The Authority possesses all powers necessary or convenient for these functions, including those of a natural person such as contracting, property dealing, and engaging consultants (s.11).
A central mechanism is the mandatory preparation of management plans. Section 41 requires an initial plan for the entire area as soon as practicable after commencement, with power to prepare additional plans for parts of the area or specific zones. These plans may prescribe offences (with penalties up to 165 penalty units), exempt acts from the prohibited acts regime in s.56(3), and impose requirements on cooperative management agreements, including allowing such agreements to operate inconsistently with certain plan provisions in defined circumstances (s.41(4)-(6)). Preparation involves two rounds of public notice and submission opportunities (ss.42 and 44), consideration of submissions (ss.43 and 45), submission to Ministers with a report (s.46), and approval by the Governor in Council on the joint recommendation of State and Commonwealth Ministers (s.47). Approved plans are subordinate legislation, prevail over planning schemes to the extent of inconsistency (s.49), and bind local authorities' development approvals (s.50). Inconsistencies with nature conservation instruments are resolved by Ministerial determination having regard to natural heritage, biodiversity, and public interest factors (s.51). Plans must be reviewed every 10 years (s.53), with amendments generally following the full preparation process unless minor or corrective (s.52).
Current sections
Direct links to the current provisions in Wet Tropics World Heritage Protection and Management Act 1993.
108
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Wet Tropics World Heritage Protection and Management Act 1993 .
sec.3
Crown bound
sec.3 Crown bound
This Act binds the Crown in right of Queensland and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.
However, subsection (2) does not prevent an officer, employee or agent of the Crown from being prosecuted for an offence.
(sec.3-ssec.1) This Act binds the Crown in right of Queensland and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(sec.3-ssec.2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.
(sec.3-ssec.3) However, subsection (2) does not prevent an officer, employee or agent of the Crown from being prosecuted for an offence.
sec.4
Definitions
sec.4 Definitions
The dictionary in schedule 3 defines particular words used in this Act.
s 4 Note—prev s 4 contained definitions for this Act. Definitions are now located in schedule 3 (Dictionary).
pres s 4 amd 2005 No. 53 s 155 (1)
sec.5
Aboriginal people particularly concerned with land
sec.5 Aboriginal people particularly concerned with land
For the purposes of this Act, Aboriginal people are particularly concerned with land if—
they are members of a group that has a particular connection with the land under Aboriginal tradition; or
they live on or use the land or neighbouring land.
(a) they are members of a group that has a particular connection with the land under Aboriginal tradition; or
(b) they live on or use the land or neighbouring land.
pt.2
Wet Tropics Management Authority and its board
Wet Tropics Management Authority and its board
pt.2-div.1
Establishment, functions and powers of authority
Establishment, functions and powers of authority
sec.6
Establishment of authority
sec.6 Establishment of authority
An authority called the Wet Tropics Management Authority is established.
sec.7
Object of establishment of authority
sec.7 Object of establishment of authority
The authority is established to ensure that Australia’s obligation under the World Heritage Convention in relation to the wet tropics area is met.
sec.8
Authority is body corporate etc.
sec.8 Authority is body corporate etc.
The authority—
is a body corporate; and
has a seal; and
may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
sec.9
Authority represents the Crown
sec.9 Authority represents the Crown
The authority represents the Crown.
Without limiting subsection (1) , the authority has all the privileges and immunities of the Crown.
s 9 amd 2001 No. 45 s 29 sch 3
(sec.9-ssec.1) The authority represents the Crown.
(sec.9-ssec.2) Without limiting subsection (1) , the authority has all the privileges and immunities of the Crown.
sec.9A
Excluded matter for Corporations legislation
sec.9A Excluded matter for Corporations legislation
The authority is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the following provisions of the Corporations Act —
parts 2D .1 and 2D.6;
chapters 2K and 2L;
parts 5.7 , 5 .7B, 5.9 and 5B.2.
s 9A ins 2001 No. 45 s 29 sch 3
(a) parts 2D .1 and 2D.6;
(b) chapters 2K and 2L;
(c) parts 5.7 , 5 .7B, 5.9 and 5B.2.
sec.10
Authority’s functions
sec.10 Authority’s functions
The authority’s functions are to—
develop and implement policies and programs in relation to the management of the wet tropics area; and
formulate performance indicators for the implementation of policies and programs approved by the State Minister and the Commonwealth Minister; and
advise and make recommendations to the State Minister and the Commonwealth Minister in relation to—
the management of the wet tropics area; and
Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and
prepare, and ensure the implementation of, management plans for the wet tropics area; and
administer funding arrangements in relation to the wet tropics area; and
enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and
enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and
gather, research, analyse and disseminate information on the wet tropics area; and
develop public and community education programs in relation to the wet tropics area; and
promote the wet tropics area locally, nationally and internationally; and
liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and
monitor the state of the wet tropics area; and
advise and report to the State Minister and the Commonwealth Minister on the state of the wet tropics area; and
perform functions incidental to a function under another paragraph of this subsection.
The functions of the authority under subsection (1) to advise, report to and make recommendations to the State Minister and the Commonwealth Minister may be performed by the authority on request or its own initiative.
A cooperative management agreement under subsection (1) (f) may make provision for financial, scientific, technical or other assistance in relation to the management of the wet tropics area.
The authority must perform its functions in a way that is consistent with the protection of the natural heritage values of the wet tropics area.
Subject to subsection (4) , in performing its functions, the authority must, as far as practicable—
have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and
liaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area.
‘Aboriginal tradition’ is defined under the Acts Interpretation Act 1954 . See schedule 1 of that Act.
Subject to subsection (4) , the authority must, as far as practicable, perform its functions in a way that is consistent with the objectives and principles of the National Strategy for Ecologically Sustainable Development.
s 10 amd 2023 No. 6 s 137 ; 2022 No. 21 s 52
(sec.10-ssec.1) The authority’s functions are to— develop and implement policies and programs in relation to the management of the wet tropics area; and formulate performance indicators for the implementation of policies and programs approved by the State Minister and the Commonwealth Minister; and advise and make recommendations to the State Minister and the Commonwealth Minister in relation to— the management of the wet tropics area; and Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and prepare, and ensure the implementation of, management plans for the wet tropics area; and administer funding arrangements in relation to the wet tropics area; and enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and gather, research, analyse and disseminate information on the wet tropics area; and develop public and community education programs in relation to the wet tropics area; and promote the wet tropics area locally, nationally and internationally; and liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and monitor the state of the wet tropics area; and advise and report to the State Minister and the Commonwealth Minister on the state of the wet tropics area; and perform functions incidental to a function under another paragraph of this subsection.
(sec.10-ssec.2) The functions of the authority under subsection (1) to advise, report to and make recommendations to the State Minister and the Commonwealth Minister may be performed by the authority on request or its own initiative.
(sec.10-ssec.3) A cooperative management agreement under subsection (1) (f) may make provision for financial, scientific, technical or other assistance in relation to the management of the wet tropics area.
(sec.10-ssec.4) The authority must perform its functions in a way that is consistent with the protection of the natural heritage values of the wet tropics area.
(sec.10-ssec.5) Subject to subsection (4) , in performing its functions, the authority must, as far as practicable— have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and liaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area. ‘Aboriginal tradition’ is defined under the Acts Interpretation Act 1954 . See schedule 1 of that Act.
(sec.10-ssec.6) Subject to subsection (4) , the authority must, as far as practicable, perform its functions in a way that is consistent with the objectives and principles of the National Strategy for Ecologically Sustainable Development.
(a) develop and implement policies and programs in relation to the management of the wet tropics area; and
(b) formulate performance indicators for the implementation of policies and programs approved by the State Minister and the Commonwealth Minister; and
(c) advise and make recommendations to the State Minister and the Commonwealth Minister in relation to— (i) the management of the wet tropics area; and (ii) Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and
(i) the management of the wet tropics area; and
(ii) Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and
(d) prepare, and ensure the implementation of, management plans for the wet tropics area; and
(e) administer funding arrangements in relation to the wet tropics area; and
(f) enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and
(g) enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and
(h) gather, research, analyse and disseminate information on the wet tropics area; and
(i) develop public and community education programs in relation to the wet tropics area; and
(j) promote the wet tropics area locally, nationally and internationally; and
(k) liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and
(l) monitor the state of the wet tropics area; and
(m) advise and report to the State Minister and the Commonwealth Minister on the state of the wet tropics area; and
(n) perform functions incidental to a function under another paragraph of this subsection.
(i) the management of the wet tropics area; and
(ii) Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and
(a) have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and
(b) liaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area.
sec.11
Authority’s powers
sec.11 Authority’s powers
The authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.
Without limiting subsection (1) , the authority has such powers as are conferred on it by this Act.
Without limiting subsection (1) , the authority has, for or in connection with the performance of its functions, all the powers of an individual, and may, for example—
enter into contracts; and
acquire, hold, dispose of, and deal with, property; and
appoint agents and attorneys; and
charge, and fix terms, for goods, services and information supplied by it; and
engage consultants.
(sec.11-ssec.1) The authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.
(sec.11-ssec.2) Without limiting subsection (1) , the authority has such powers as are conferred on it by this Act.
(sec.11-ssec.3) Without limiting subsection (1) , the authority has, for or in connection with the performance of its functions, all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with, property; and appoint agents and attorneys; and charge, and fix terms, for goods, services and information supplied by it; and engage consultants.
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with, property; and
(c) appoint agents and attorneys; and
(d) charge, and fix terms, for goods, services and information supplied by it; and
(e) engage consultants.
pt.2-div.2
The board of directors
The board of directors
sec.12
The board
sec.12 The board
There is a board of directors of the authority.
sec.13
Role of the board
sec.13 Role of the board
The board is responsible for the way in which the authority performs its functions and exercises its powers.
Without limiting subsection (1) , it is the board’s role—
to decide the objectives, strategies and policies to be followed by the authority; and
to ensure that the authority performs its functions in a proper, effective and efficient way.
(sec.13-ssec.1) The board is responsible for the way in which the authority performs its functions and exercises its powers.
(sec.13-ssec.2) Without limiting subsection (1) , it is the board’s role— to decide the objectives, strategies and policies to be followed by the authority; and to ensure that the authority performs its functions in a proper, effective and efficient way.
(a) to decide the objectives, strategies and policies to be followed by the authority; and
(b) to ensure that the authority performs its functions in a proper, effective and efficient way.
sec.14
Composition of board
sec.14 Composition of board
The board is to consist of the following 7 directors—
the chairperson, appointed on the nomination of the State Minister and the Commonwealth Minister;
1 Aboriginal person appointed on the nomination of the State Minister and the Commonwealth Minister;
2 persons appointed on the nomination of the Commonwealth;
2 persons appointed on the nomination of the State;
the executive director.
The Aboriginal person appointed under subsection (1) (ab) must be particularly concerned with land in the wet tropics area.
For when an aboriginal person is particularly concerned with the land, see section 5 (Aboriginal people particularly concerned with land).
s 14 amd 2006 No. 11 s 112 ; 2022 No. 21 s 53
(sec.14-ssec.1) The board is to consist of the following 7 directors— the chairperson, appointed on the nomination of the State Minister and the Commonwealth Minister; 1 Aboriginal person appointed on the nomination of the State Minister and the Commonwealth Minister; 2 persons appointed on the nomination of the Commonwealth; 2 persons appointed on the nomination of the State; the executive director.
(sec.14-ssec.2) The Aboriginal person appointed under subsection (1) (ab) must be particularly concerned with land in the wet tropics area. For when an aboriginal person is particularly concerned with the land, see section 5 (Aboriginal people particularly concerned with land).
(a) the chairperson, appointed on the nomination of the State Minister and the Commonwealth Minister;
(ab) 1 Aboriginal person appointed on the nomination of the State Minister and the Commonwealth Minister;
(b) 2 persons appointed on the nomination of the Commonwealth;
(c) 2 persons appointed on the nomination of the State;
(d) the executive director.
pt.2-div.3
Provisions relating to directors other than the executive director
Provisions relating to directors other than the executive director
sec.15
Application of division
sec.15 Application of division
This division applies to the directors other than the executive director.
sec.16
Appointment
sec.16 Appointment
The directors are to be appointed by the Governor in Council.
A person is qualified to be a director if the person—
is not an officer of the public service of the State or the Commonwealth; and
has qualifications or extensive experience in a field related to the authority’s functions.
Subsection (4) applies if—
a qualified person has not been nominated for appointment as a director under section 14 (1) (a) , (ab) or (b) (each a relevant provision ); and
the State Minister believes there has been a reasonable opportunity for a qualified person to be nominated for appointment under the relevant provision; and
the State Minister asks the Commonwealth Minister to—
if the relevant provision is section 14 (1) (a) or (ab) —arrange with the State Minister to nominate a qualified person for appointment under the provision; or
if the relevant provision is section 14 (1) (b) —nominate a qualified person for appointment under the provision; and
a qualified person has not been nominated for appointment under the relevant provision within 3 months after the request is made.
Despite section 14 (1) , the Governor in Council may appoint—
a qualified person as the chairperson; or
a qualified person who is an Aboriginal person as the director mentioned in section 14 (1) (ab) ; or
a qualified person as 1 of the 2 directors mentioned in section 14 (1) (b) .
A person appointed under subsection (4) (a) is taken to have been appointed as the chairperson under section 14 (1) (a) .
A person appointed under subsection (4) (b) is taken to have been appointed as a director under section 14 (1) (ab) .
A person appointed under subsection (4) (c) is taken to have been appointed as a director under section 14 (1) (b) .
s 16 amd 2022 No. 21 s 54
(sec.16-ssec.1) The directors are to be appointed by the Governor in Council.
(sec.16-ssec.2) A person is qualified to be a director if the person— is not an officer of the public service of the State or the Commonwealth; and has qualifications or extensive experience in a field related to the authority’s functions.
(sec.16-ssec.3) Subsection (4) applies if— a qualified person has not been nominated for appointment as a director under section 14 (1) (a) , (ab) or (b) (each a relevant provision ); and the State Minister believes there has been a reasonable opportunity for a qualified person to be nominated for appointment under the relevant provision; and the State Minister asks the Commonwealth Minister to— if the relevant provision is section 14 (1) (a) or (ab) —arrange with the State Minister to nominate a qualified person for appointment under the provision; or if the relevant provision is section 14 (1) (b) —nominate a qualified person for appointment under the provision; and a qualified person has not been nominated for appointment under the relevant provision within 3 months after the request is made.
(sec.16-ssec.4) Despite section 14 (1) , the Governor in Council may appoint— a qualified person as the chairperson; or a qualified person who is an Aboriginal person as the director mentioned in section 14 (1) (ab) ; or a qualified person as 1 of the 2 directors mentioned in section 14 (1) (b) .
(sec.16-ssec.5) A person appointed under subsection (4) (a) is taken to have been appointed as the chairperson under section 14 (1) (a) .
(sec.16-ssec.6) A person appointed under subsection (4) (b) is taken to have been appointed as a director under section 14 (1) (ab) .
(sec.16-ssec.7) A person appointed under subsection (4) (c) is taken to have been appointed as a director under section 14 (1) (b) .
(a) is not an officer of the public service of the State or the Commonwealth; and
(b) has qualifications or extensive experience in a field related to the authority’s functions.
(a) a qualified person has not been nominated for appointment as a director under section 14 (1) (a) , (ab) or (b) (each a relevant provision ); and
(b) the State Minister believes there has been a reasonable opportunity for a qualified person to be nominated for appointment under the relevant provision; and
(c) the State Minister asks the Commonwealth Minister to— (i) if the relevant provision is section 14 (1) (a) or (ab) —arrange with the State Minister to nominate a qualified person for appointment under the provision; or (ii) if the relevant provision is section 14 (1) (b) —nominate a qualified person for appointment under the provision; and
(i) if the relevant provision is section 14 (1) (a) or (ab) —arrange with the State Minister to nominate a qualified person for appointment under the provision; or
(ii) if the relevant provision is section 14 (1) (b) —nominate a qualified person for appointment under the provision; and
(d) a qualified person has not been nominated for appointment under the relevant provision within 3 months after the request is made.
(i) if the relevant provision is section 14 (1) (a) or (ab) —arrange with the State Minister to nominate a qualified person for appointment under the provision; or
(ii) if the relevant provision is section 14 (1) (b) —nominate a qualified person for appointment under the provision; and
(a) a qualified person as the chairperson; or
(b) a qualified person who is an Aboriginal person as the director mentioned in section 14 (1) (ab) ; or
(c) a qualified person as 1 of the 2 directors mentioned in section 14 (1) (b) .
sec.17
Duration of appointment etc.
sec.17 Duration of appointment etc.
The appointment of a director is for a term (not longer than 3 years) as is specified in the director’s instrument of appointment.
A director is eligible for reappointment for a further term unless—
the director has completed 6 consecutive years as a director; or
the total period of the appointment, including the further term, would be 6 consecutive years or more.
s 17 amd 2023 No. 6 s 138
(sec.17-ssec.1) The appointment of a director is for a term (not longer than 3 years) as is specified in the director’s instrument of appointment.
(sec.17-ssec.2) A director is eligible for reappointment for a further term unless— the director has completed 6 consecutive years as a director; or the total period of the appointment, including the further term, would be 6 consecutive years or more.
(a) the director has completed 6 consecutive years as a director; or
(b) the total period of the appointment, including the further term, would be 6 consecutive years or more.
sec.18
Terms of appointment
sec.18 Terms of appointment
A director is appointed on a part-time basis.
A director is to be paid such remuneration and allowances as are determined by the Governor in Council.
A director holds office on such terms not provided in this Act as are determined by the Governor in Council.
(sec.18-ssec.1) A director is appointed on a part-time basis.
(sec.18-ssec.2) A director is to be paid such remuneration and allowances as are determined by the Governor in Council.
(sec.18-ssec.3) A director holds office on such terms not provided in this Act as are determined by the Governor in Council.
sec.19
Chairperson
sec.19 Chairperson
s 19 om 2006 No. 11 s 113
sec.20
Appointment of acting chairperson
sec.20 Appointment of acting chairperson
The board may appoint 1 of its directors to act as chairperson during any period, or all periods, of not longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.
The Governor in Council may, after consultation with the State Minister and the Commonwealth Minister, appoint a person to act as chairperson—
during a vacancy in the office; or
during any period, or all periods, of longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.
s 20 amd 2022 No. 21 s 55
(sec.20-ssec.1) The board may appoint 1 of its directors to act as chairperson during any period, or all periods, of not longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.
(sec.20-ssec.2) The Governor in Council may, after consultation with the State Minister and the Commonwealth Minister, appoint a person to act as chairperson— during a vacancy in the office; or during any period, or all periods, of longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.
(a) during a vacancy in the office; or
(b) during any period, or all periods, of longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.
sec.21
Appointment of acting director
sec.21 Appointment of acting director
Subject to subsection (2) , the Governor in Council may appoint a person to act as a director (other than the chairperson)—
while the office of the director is vacant; or
during any period, or all periods, when the director is absent from duty or Australia or is, for another reason, unable to perform the functions of office.
A person may be appointed to act as a director mentioned in section 14 (1) (b) only after consultation with the Commonwealth.
s 21 amd 2022 No. 21 s 64 s ch 1 pt 2
(sec.21-ssec.1) Subject to subsection (2) , the Governor in Council may appoint a person to act as a director (other than the chairperson)— while the office of the director is vacant; or during any period, or all periods, when the director is absent from duty or Australia or is, for another reason, unable to perform the functions of office.
(sec.21-ssec.2) A person may be appointed to act as a director mentioned in section 14 (1) (b) only after consultation with the Commonwealth.
(a) while the office of the director is vacant; or
(b) during any period, or all periods, when the director is absent from duty or Australia or is, for another reason, unable to perform the functions of office.
sec.22
Removal from office
sec.22 Removal from office
Subject to subsections (2) and (3) , the Governor in Council may remove a director from office if the director—
is convicted of an indictable offence; or
is guilty of misconduct or neglect of duty; or
contravenes a provision of this Act without reasonable excuse; or
is unable to perform the functions of office because of physical or mental incapacity.
The following directors may be removed only after consultation with the State Minister and the Commonwealth Minister—
the chairperson;
the director mentioned in section 14 (1) (ab) .
A director mentioned in section 14 (1) (b) may be removed only after consultation with the Commonwealth.
s 22 amd 2022 No. 21 s 56
(sec.22-ssec.1) Subject to subsections (2) and (3) , the Governor in Council may remove a director from office if the director— is convicted of an indictable offence; or is guilty of misconduct or neglect of duty; or contravenes a provision of this Act without reasonable excuse; or is unable to perform the functions of office because of physical or mental incapacity.
(sec.22-ssec.2) The following directors may be removed only after consultation with the State Minister and the Commonwealth Minister— the chairperson; the director mentioned in section 14 (1) (ab) .
(sec.22-ssec.3) A director mentioned in section 14 (1) (b) may be removed only after consultation with the Commonwealth.
(a) is convicted of an indictable offence; or
(b) is guilty of misconduct or neglect of duty; or
(c) contravenes a provision of this Act without reasonable excuse; or
(d) is unable to perform the functions of office because of physical or mental incapacity.
(a) the chairperson;
(b) the director mentioned in section 14 (1) (ab) .
pt.2-div.4
Provisions relating to the executive director
Provisions relating to the executive director
sec.23
Executive director
sec.23 Executive director
The executive director is to be appointed under the Public Sector Act 2022 after consultation among the State Minister, the Commonwealth Minister and the authority.
s 23 amd 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch; 2022 No. 34 s 365 sch 3 ; 2022 No. 21 s 57
sec.24
Executive director’s duties
sec.24 Executive director’s duties
The executive director is, under the board, to manage the authority.
Anything done in the name of, or on behalf of, the authority by the executive director is taken to have been done by the authority.
The executive director may, subject to section 31 (Disclosure of interests by directors), take part in any of the board’s deliberations but has no voting rights at a meeting of the board.
s 24 amd 2022 No. 21 s 58
(sec.24-ssec.1) The executive director is, under the board, to manage the authority.
(sec.24-ssec.2) Anything done in the name of, or on behalf of, the authority by the executive director is taken to have been done by the authority.
(sec.24-ssec.3) The executive director may, subject to section 31 (Disclosure of interests by directors), take part in any of the board’s deliberations but has no voting rights at a meeting of the board.
sec.25
Disclosure of interests by executive director
sec.25 Disclosure of interests by executive director
The executive director must give written notice to the chairperson of all direct or indirect pecuniary interests that the executive director has or acquires in any business or in any corporation carrying on any business.
The obligations of the executive director under subsection (1) are in addition to any obligations that the executive director has under this Act or any other law.
(sec.25-ssec.1) The executive director must give written notice to the chairperson of all direct or indirect pecuniary interests that the executive director has or acquires in any business or in any corporation carrying on any business.
(sec.25-ssec.2) The obligations of the executive director under subsection (1) are in addition to any obligations that the executive director has under this Act or any other law.
pt.2-div.5
Business and meetings of the board
Business and meetings of the board
sec.26
Conduct of business
sec.26 Conduct of business
Subject to this division, the board may conduct its business (including its meetings) in the way it considers appropriate.
sec.27
Times and places of meetings
sec.27 Times and places of meetings
Subject to subsections (2) and (3) , meetings of the board are to be held at such times and places as the board determines.
The board must meet at least 4 times in each calendar year.
The chairperson—
may at any time convene a meeting; and
must convene a meeting when requested by 2 or more directors.
(sec.27-ssec.1) Subject to subsections (2) and (3) , meetings of the board are to be held at such times and places as the board determines.
(sec.27-ssec.2) The board must meet at least 4 times in each calendar year.
(sec.27-ssec.3) The chairperson— may at any time convene a meeting; and must convene a meeting when requested by 2 or more directors.
(a) may at any time convene a meeting; and
(b) must convene a meeting when requested by 2 or more directors.
sec.28
Presiding director
sec.28 Presiding director
The chairperson is to preside at all meetings at which the chairperson is present.
If the chairperson is not present at a meeting, a director (other than the executive director) chosen by the directors present at the meeting is to preside.
(sec.28-ssec.1) The chairperson is to preside at all meetings at which the chairperson is present.
(sec.28-ssec.2) If the chairperson is not present at a meeting, a director (other than the executive director) chosen by the directors present at the meeting is to preside.
sec.29
Quorum and voting at meetings
sec.29 Quorum and voting at meetings
At a meeting of the board—
4 directors (exclusive of the executive director) constitute a quorum; and
a question is to be decided by a majority of the votes of the directors present and voting; and
the director presiding has a deliberative vote and, if the votes are equal, also a casting vote.
s 29 amd 2006 No. 11 s 114
(a) 4 directors (exclusive of the executive director) constitute a quorum; and
(b) a question is to be decided by a majority of the votes of the directors present and voting; and
(c) the director presiding has a deliberative vote and, if the votes are equal, also a casting vote.
sec.30
Conduct of meetings
sec.30 Conduct of meetings
The board may permit directors to participate in a particular meeting, or all meetings, by—
telephone; or
closed-circuit television; or
any other means of communication.
A director who participates in a meeting under a permission under subsection (1) is taken to be present at the meeting.
The board may invite a person to attend a meeting for the purpose of advising or informing it on any matter.
The board must keep minutes of its meetings.
(sec.30-ssec.1) The board may permit directors to participate in a particular meeting, or all meetings, by— telephone; or closed-circuit television; or any other means of communication.
(sec.30-ssec.2) A director who participates in a meeting under a permission under subsection (1) is taken to be present at the meeting.
(sec.30-ssec.3) The board may invite a person to attend a meeting for the purpose of advising or informing it on any matter.
(sec.30-ssec.4) The board must keep minutes of its meetings.
(a) telephone; or
(b) closed-circuit television; or
(c) any other means of communication.
sec.31
Disclosure of interests by directors
sec.31 Disclosure of interests by directors
If—
a director has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and
the interest could conflict with the proper performance of the director’s duties in relation to consideration of the matter;
the director must, as soon as practicable after the relevant facts come to the director’s knowledge, disclose the nature of the interest at a meeting of the board.
The disclosure must be recorded in the board’s minutes and, unless the board otherwise determines, the director must not—
be present during any deliberations of the board in respect of the matter; or
take part in any decision of the board in respect of the matter.
A director who makes a disclosure must not—
be present at any deliberation by the board for the purpose of making a determination under subsection (2) ; or
take part in the making by the board of such a determination.
(sec.31-ssec.1) If— a director has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the director’s duties in relation to consideration of the matter; the director must, as soon as practicable after the relevant facts come to the director’s knowledge, disclose the nature of the interest at a meeting of the board.
(sec.31-ssec.2) The disclosure must be recorded in the board’s minutes and, unless the board otherwise determines, the director must not— be present during any deliberations of the board in respect of the matter; or take part in any decision of the board in respect of the matter.
(sec.31-ssec.3) A director who makes a disclosure must not— be present at any deliberation by the board for the purpose of making a determination under subsection (2) ; or take part in the making by the board of such a determination.
(a) a director has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and
(b) the interest could conflict with the proper performance of the director’s duties in relation to consideration of the matter;
(a) be present during any deliberations of the board in respect of the matter; or
(b) take part in any decision of the board in respect of the matter.
(a) be present at any deliberation by the board for the purpose of making a determination under subsection (2) ; or
(b) take part in the making by the board of such a determination.
pt.2-div.6
Provisions relating to staff
Provisions relating to staff
sec.32
Arrangements relating to staff
sec.32 Arrangements relating to staff
The authority may arrange with the chief executive of a department, or with an authority of the State, for the services of officers or employees of the department or authority to be made available to it.
The authority may arrange with the appropriate authority of the Commonwealth, another State or a Territory, or with an authority of the Commonwealth, another State or a Territory, for the services of officers or employees of the public service of the Commonwealth, State or Territory, or of the authority, to be made available to it.
The authority may arrange for the services of an employee of the authority to be made available to the Commonwealth, a State or Territory or to an authority of the Commonwealth, a State or Territory.
(sec.32-ssec.1) The authority may arrange with the chief executive of a department, or with an authority of the State, for the services of officers or employees of the department or authority to be made available to it.
(sec.32-ssec.2) The authority may arrange with the appropriate authority of the Commonwealth, another State or a Territory, or with an authority of the Commonwealth, another State or a Territory, for the services of officers or employees of the public service of the Commonwealth, State or Territory, or of the authority, to be made available to it.
(sec.32-ssec.3) The authority may arrange for the services of an employee of the authority to be made available to the Commonwealth, a State or Territory or to an authority of the Commonwealth, a State or Territory.
sec.33
Authority’s officers and employees employed under Public Service Act
sec.33 Authority’s officers and employees employed under Public Service Act
The authority’s officers and employees are to be employed under the Public Sector Act 2022 .
s 33 sub 1996 No. 37 s 147 sch 2 ; 2009 No. 25 s 83 sch
amd 2022 No. 34 s 365 sch 3
sec.34
Protection from liability
sec.34 Protection from liability
This section applies to—
an authorised officer; and
a person acting under the direction of an authorised officer.
The person does not incur civil liability for an act or omission done honestly and without negligence under, or for the purposes of, this Act.
A liability that would, but for this section, attach to the person attaches instead to the authority.
This section does not apply to a person if the person is a prescribed person under the Public Sector Act 2022 , section 267 .
s 34 amd 2014 No. 59 s 173 ; 2022 No. 34 s 365 sch 3
(sec.34-ssec.1) This section applies to— an authorised officer; and a person acting under the direction of an authorised officer.
(sec.34-ssec.2) The person does not incur civil liability for an act or omission done honestly and without negligence under, or for the purposes of, this Act.
(sec.34-ssec.3) A liability that would, but for this section, attach to the person attaches instead to the authority.
(sec.34-ssec.4) This section does not apply to a person if the person is a prescribed person under the Public Sector Act 2022 , section 267 .
(a) an authorised officer; and
(b) a person acting under the direction of an authorised officer.
pt.2-div.7
Miscellaneous
Miscellaneous
sec.35
Delegation of authority’s powers
sec.35 Delegation of authority’s powers
Subject to subsection (2) , the board may delegate the authority’s powers to—
an advisory committee; or
a director; or
an officer or employee of the authority; or
the chief executive of a department; or
an officer of the public service; or
the chief executive officer or an employee of a local government.
The board may not delegate powers under any of the following provisions—
part 3 (Management plans);
section 64 (Budget).
A certificate signed by the chairperson stating any matter in relation to a delegation of a power under subsection (1) is evidence of the matter.
A document purporting to be a certificate under subsection (3) is, unless the contrary is established, taken to be such a certificate and to have been properly given.
s 35 amd 1995 No. 52 s 18
(sec.35-ssec.1) Subject to subsection (2) , the board may delegate the authority’s powers to— an advisory committee; or a director; or an officer or employee of the authority; or the chief executive of a department; or an officer of the public service; or the chief executive officer or an employee of a local government.
(sec.35-ssec.2) The board may not delegate powers under any of the following provisions— part 3 (Management plans); section 64 (Budget).
(sec.35-ssec.3) A certificate signed by the chairperson stating any matter in relation to a delegation of a power under subsection (1) is evidence of the matter.
(sec.35-ssec.4) A document purporting to be a certificate under subsection (3) is, unless the contrary is established, taken to be such a certificate and to have been properly given.
(a) an advisory committee; or
(b) a director; or
(c) an officer or employee of the authority; or
(d) the chief executive of a department; or
(e) an officer of the public service; or
(f) the chief executive officer or an employee of a local government.
(a) part 3 (Management plans);
(b) section 64 (Budget).
sec.36
Delegation of the executive director’s powers
sec.36 Delegation of the executive director’s powers
The executive director may delegate the executive director’s powers to an officer of the authority.
sec.37
Authority’s seal
sec.37 Authority’s seal
The authority’s seal must be kept in such custody as the board directs and may be used only as authorised by the board.
Judicial notice must be taken of the imprint of the authority’s seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved.
(sec.37-ssec.1) The authority’s seal must be kept in such custody as the board directs and may be used only as authorised by the board.
(sec.37-ssec.2) Judicial notice must be taken of the imprint of the authority’s seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved.
sec.38
Judicial notice of certain signatures
sec.38 Judicial notice of certain signatures
Judicial notice must be taken of—
the official signature of a person who is or has been chairperson or executive director; and
the fact that the person holds or has held the office concerned.
(a) the official signature of a person who is or has been chairperson or executive director; and
(b) the fact that the person holds or has held the office concerned.
sec.39
Authentication of documents
sec.39 Authentication of documents
A document made by the authority (other than a document that is required to be sealed) is sufficiently made if it is signed by the chairperson or a person authorised by the board.
sec.40
Advisory committees
sec.40 Advisory committees
For the purposes of the administration of this Act, the authority—
must establish—
a scientific advisory committee; and
a community consultative committee; and
may establish as many other advisory committees as it considers appropriate.
The scientific advisory committee has the function of advising the authority on—
scientific research that will contribute to the protection and conservation of the wet tropics area; and
scientific developments relevant to the protection or conservation of the area.
The community consultative committee has the function of advising the authority on the views of the community on the authority’s policies and programs in relation to the wet tropics area.
An advisory committee established under subsection (1) (b) has the functions the authority specifies, including, for example, the function of advising the authority on—
the suitability of management plans; and
matters generally relating to the management of the wet tropics area, including its management having regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the area.
A member of an advisory committee may be paid such remuneration and allowances as are determined by the Governor in Council.
(sec.40-ssec.1) For the purposes of the administration of this Act, the authority— must establish— a scientific advisory committee; and a community consultative committee; and may establish as many other advisory committees as it considers appropriate.
(sec.40-ssec.2) The scientific advisory committee has the function of advising the authority on— scientific research that will contribute to the protection and conservation of the wet tropics area; and scientific developments relevant to the protection or conservation of the area.
(sec.40-ssec.3) The community consultative committee has the function of advising the authority on the views of the community on the authority’s policies and programs in relation to the wet tropics area.
(sec.40-ssec.4) An advisory committee established under subsection (1) (b) has the functions the authority specifies, including, for example, the function of advising the authority on— the suitability of management plans; and matters generally relating to the management of the wet tropics area, including its management having regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the area.
(sec.40-ssec.5) A member of an advisory committee may be paid such remuneration and allowances as are determined by the Governor in Council.
(a) must establish— (i) a scientific advisory committee; and (ii) a community consultative committee; and
(i) a scientific advisory committee; and
(ii) a community consultative committee; and
(b) may establish as many other advisory committees as it considers appropriate.
(i) a scientific advisory committee; and
(ii) a community consultative committee; and
(a) scientific research that will contribute to the protection and conservation of the wet tropics area; and
(b) scientific developments relevant to the protection or conservation of the area.
(a) the suitability of management plans; and
(b) matters generally relating to the management of the wet tropics area, including its management having regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the area.
pt.3
Management plans
Management plans
sec.41
Preparation of plans by authority
sec.41 Preparation of plans by authority
The authority must prepare a management plan for the wet tropics area as soon as practicable after the commencement of this part.
The authority may prepare such other management plans for the wet tropics area, or any part of the area, as the authority considers appropriate.
A management plan may divide the area in respect of which it is made into management zones.
A management plan may make provision for any matter for which a regulation may be made under this Act, including, for example—
prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and
exempting and prescribing acts for section 56 (3) , definition prohibited act .
Also, a management plan may make provision for any matter relating to cooperative management agreements entered into, or proposed to be entered into, by the authority, for the purposes of the management plan.
Without limiting subsection (5) , a management plan may—
impose requirements about—
entering into a cooperative management agreement for the purposes of the management plan; or
the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or
a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies
provide for a cooperative management agreement mentioned in paragraph (a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following—
a party to the agreement;
land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.
To remove any doubt, it is declared that subsection (5) does not prevent the authority from entering into a cooperative management agreement other than for the purposes of a management plan.
s 41 amd 1995 No. 40 s 27 ; 2012 No. 25 s 195 sch; 2023 No. 6 s 139
(sec.41-ssec.1) The authority must prepare a management plan for the wet tropics area as soon as practicable after the commencement of this part.
(sec.41-ssec.2) The authority may prepare such other management plans for the wet tropics area, or any part of the area, as the authority considers appropriate.
(sec.41-ssec.3) A management plan may divide the area in respect of which it is made into management zones.
(sec.41-ssec.4) A management plan may make provision for any matter for which a regulation may be made under this Act, including, for example— prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and exempting and prescribing acts for section 56 (3) , definition prohibited act .
(sec.41-ssec.5) Also, a management plan may make provision for any matter relating to cooperative management agreements entered into, or proposed to be entered into, by the authority, for the purposes of the management plan.
(sec.41-ssec.6) Without limiting subsection (5) , a management plan may— impose requirements about— entering into a cooperative management agreement for the purposes of the management plan; or the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies provide for a cooperative management agreement mentioned in paragraph (a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following— a party to the agreement; land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.
(sec.41-ssec.7) To remove any doubt, it is declared that subsection (5) does not prevent the authority from entering into a cooperative management agreement other than for the purposes of a management plan.
(a) prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and
(b) exempting and prescribing acts for section 56 (3) , definition prohibited act .
(a) impose requirements about— (i) entering into a cooperative management agreement for the purposes of the management plan; or (ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or Example of a requirement for subparagraph (ii) — a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies
(i) entering into a cooperative management agreement for the purposes of the management plan; or
(ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or Example of a requirement for subparagraph (ii) — a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies
(b) provide for a cooperative management agreement mentioned in paragraph (a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following— (i) a party to the agreement; (ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.
(i) a party to the agreement;
(ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.
(i) entering into a cooperative management agreement for the purposes of the management plan; or
(ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or Example of a requirement for subparagraph (ii) — a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies
(i) a party to the agreement;
(ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.
sec.42
Notice of proposal to prepare draft plan
sec.42 Notice of proposal to prepare draft plan
The authority must give public notice that the authority proposes to prepare a draft management plan.
The notice must—
be published in—
a newspaper circulating throughout Queensland; and
such other newspapers as the authority determines; and
specify the area concerned; and
invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and
specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph (a) (i) ) by which submissions may be made to the authority.
(sec.42-ssec.1) The authority must give public notice that the authority proposes to prepare a draft management plan.
(sec.42-ssec.2) The notice must— be published in— a newspaper circulating throughout Queensland; and such other newspapers as the authority determines; and specify the area concerned; and invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph (a) (i) ) by which submissions may be made to the authority.
(a) be published in— (i) a newspaper circulating throughout Queensland; and (ii) such other newspapers as the authority determines; and
(i) a newspaper circulating throughout Queensland; and
(ii) such other newspapers as the authority determines; and
(b) specify the area concerned; and
(c) invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and
(d) specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph (a) (i) ) by which submissions may be made to the authority.
(i) a newspaper circulating throughout Queensland; and
(ii) such other newspapers as the authority determines; and
sec.43
Preparation of draft plan
sec.43 Preparation of draft plan
When preparing a draft management plan, the authority must consider all submissions properly made to the authority.
sec.44
Notice of preparation of draft plan
sec.44 Notice of preparation of draft plan
The authority must give public notice when a draft management plan has been prepared.
The notice must—
be published in—
a newspaper circulating throughout Queensland; and
such other newspapers as the authority determines; and
specify the area concerned; and
specify the addresses at which copies of the draft plan may be inspected and, on payment of the prescribed fee, purchased; and
invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and
specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph (a) (i) ) by which submissions may be made to the authority.
(sec.44-ssec.1) The authority must give public notice when a draft management plan has been prepared.
(sec.44-ssec.2) The notice must— be published in— a newspaper circulating throughout Queensland; and such other newspapers as the authority determines; and specify the area concerned; and specify the addresses at which copies of the draft plan may be inspected and, on payment of the prescribed fee, purchased; and invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph (a) (i) ) by which submissions may be made to the authority.
(a) be published in— (i) a newspaper circulating throughout Queensland; and (ii) such other newspapers as the authority determines; and
(i) a newspaper circulating throughout Queensland; and
(ii) such other newspapers as the authority determines; and
(b) specify the area concerned; and
(c) specify the addresses at which copies of the draft plan may be inspected and, on payment of the prescribed fee, purchased; and
(d) invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and
(e) specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph (a) (i) ) by which submissions may be made to the authority.
(i) a newspaper circulating throughout Queensland; and
(ii) such other newspapers as the authority determines; and
sec.45
Preparation of final plan
sec.45 Preparation of final plan
When preparing a final management plan, the authority must consider all submissions properly made to the authority.
sec.46
Submission of final plan etc.
sec.46 Submission of final plan etc.
On preparation of a final management plan, the authority must give—
a copy of the plan; and
a report on the submissions properly made to it in relation to the draft management plan;
to the State Minister and the Commonwealth Minister.
s 46 amd 2022 No. 21 s 59
(a) a copy of the plan; and
(b) a report on the submissions properly made to it in relation to the draft management plan;
sec.47
Approval of final plan
sec.47 Approval of final plan
A final management plan does not have effect until approved by the Governor in Council.
An approval under subsection (1) may be made only on the recommendation of the State Minister and the Commonwealth Minister.
A final management plan is subordinate legislation.
The authority must—
keep the approved plan open for inspection by members of the public during office hours on business days at—
the authority’s office; and
such other places as the authority considers appropriate; and
on payment of the prescribed fee by a person, give a copy of the approved plan to the person.
s 47 amd 1995 No. 40 s 28 ; 2022 No. 21 s 60
(sec.47-ssec.1) A final management plan does not have effect until approved by the Governor in Council.
(sec.47-ssec.2) An approval under subsection (1) may be made only on the recommendation of the State Minister and the Commonwealth Minister.
(sec.47-ssec.3) A final management plan is subordinate legislation.
(sec.47-ssec.4) The authority must— keep the approved plan open for inspection by members of the public during office hours on business days at— the authority’s office; and such other places as the authority considers appropriate; and on payment of the prescribed fee by a person, give a copy of the approved plan to the person.
(a) keep the approved plan open for inspection by members of the public during office hours on business days at— (i) the authority’s office; and (ii) such other places as the authority considers appropriate; and
(i) the authority’s office; and
(ii) such other places as the authority considers appropriate; and
(b) on payment of the prescribed fee by a person, give a copy of the approved plan to the person.
(i) the authority’s office; and
(ii) such other places as the authority considers appropriate; and
sec.48
Compliance with plan
sec.48 Compliance with plan
s 48 om 1995 No. 40 s 29
sec.49
Plans prevail over planning schemes
sec.49 Plans prevail over planning schemes
If there is any inconsistency between a management plan and a planning scheme (whether made before or after the plan), the plan prevails over the planning scheme to the extent of the inconsistency.
sec.50
Local authorities’ decisions to be consistent with management plans
sec.50 Local authorities’ decisions to be consistent with management plans
A local authority must not issue or give any approval, consent, permit or other authority, in relation to a development on land in the wet tropics area, that is inconsistent with a management plan.
sec.51
Inconsistency between management plan and nature conservation instrument
sec.51 Inconsistency between management plan and nature conservation instrument
If there is any inconsistency between a management plan and a nature conservation instrument in relation to an area, the State Minister must determine, by written notice, whether the management plan or the nature conservation instrument is to prevail to the extent of the inconsistency.
In making the determination, the State Minister must have regard to the following matters—
the protection of the area’s natural heritage;
the protection of the biological diversity of the area’s native wildlife and its habitat;
any other aspects of the public interest that the Minister considers relevant (including financial considerations).
Subsection (2) does not limit the matters to which the State Minister may have regard in making the determination.
To remove any doubt, subsection (1) does not affect any rights that Aboriginal people have in relation to native wildlife under another Act.
A notice under subsection (1) is subordinate legislation.
In this section—
nature conservation instrument means any of the following under the Nature Conservation Act 1992 —
a conservation plan;
a management plan;
a management program;
a management statement.
s 51 amd 2022 No. 21 s 64 s ch 1 pt 2 ; 2023 No. 6 s 140
(sec.51-ssec.1) If there is any inconsistency between a management plan and a nature conservation instrument in relation to an area, the State Minister must determine, by written notice, whether the management plan or the nature conservation instrument is to prevail to the extent of the inconsistency.
(sec.51-ssec.2) In making the determination, the State Minister must have regard to the following matters— the protection of the area’s natural heritage; the protection of the biological diversity of the area’s native wildlife and its habitat; any other aspects of the public interest that the Minister considers relevant (including financial considerations).
(sec.51-ssec.3) Subsection (2) does not limit the matters to which the State Minister may have regard in making the determination.
(sec.51-ssec.4) To remove any doubt, subsection (1) does not affect any rights that Aboriginal people have in relation to native wildlife under another Act.
(sec.51-ssec.5) A notice under subsection (1) is subordinate legislation.
(sec.51-ssec.6) In this section— nature conservation instrument means any of the following under the Nature Conservation Act 1992 — a conservation plan; a management plan; a management program; a management statement.
(a) the protection of the area’s natural heritage;
(b) the protection of the biological diversity of the area’s native wildlife and its habitat;
(c) any other aspects of the public interest that the Minister considers relevant (including financial considerations).
(a) a conservation plan;
(b) a management plan;
(c) a management program;
(d) a management statement.
sec.52
Amendment of plans
sec.52 Amendment of plans
The Governor in Council may approve the amendment of a management plan by a subsequent management plan only if the procedures applying to the preparation and approval of plans under this part (other than sections 42 (Notice of proposal to prepare draft plan) and 43 (Preparation of draft plan)) are followed.
However, the procedures mentioned in subsection (1) are not required to be followed in relation to the amendment of a management plan to—
correct an error in the plan; or
reflect an amendment of this Act in the plan; or
make another change to the plan that is not a change of substance; or
if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type.
s 52 amd 1995 No. 40 s 30 ; 2022 No. 21 s 50
(sec.52-ssec.1) The Governor in Council may approve the amendment of a management plan by a subsequent management plan only if the procedures applying to the preparation and approval of plans under this part (other than sections 42 (Notice of proposal to prepare draft plan) and 43 (Preparation of draft plan)) are followed.
(sec.52-ssec.2) However, the procedures mentioned in subsection (1) are not required to be followed in relation to the amendment of a management plan to— correct an error in the plan; or reflect an amendment of this Act in the plan; or make another change to the plan that is not a change of substance; or if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type.
(a) correct an error in the plan; or
(b) reflect an amendment of this Act in the plan; or
(c) make another change to the plan that is not a change of substance; or
(d) if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type.
sec.53
Review of plans
sec.53 Review of plans
The authority must review the operation of each management plan—
no later than 10 years after its approval; and
before the end of each subsequent period of 10 years after its approval.
The procedures applying to the preparation and approval of plans under this part apply to the review of plans with any necessary modifications and any modifications prescribed by regulation.
s 53 amd 2005 No. 53 s 156
(sec.53-ssec.1) The authority must review the operation of each management plan— no later than 10 years after its approval; and before the end of each subsequent period of 10 years after its approval.
(sec.53-ssec.2) The procedures applying to the preparation and approval of plans under this part apply to the review of plans with any necessary modifications and any modifications prescribed by regulation.
(a) no later than 10 years after its approval; and
(b) before the end of each subsequent period of 10 years after its approval.
sec.54
Compensation
sec.54 Compensation
Subject to subsections (2) and (3) , if a land-holder’s interest in land is injuriously affected by a restriction or prohibition imposed under a management plan on the land-holder’s existing use of the land, the land-holder is entitled to be paid by the authority such reasonable compensation because of the restriction or prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.
The land-holder’s interest in the land is not injuriously affected if the restriction or prohibition under the management plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the plan.
Compensation is not payable if compensation has already been paid in respect of—
the restriction or prohibition; or
a restriction or prohibition to the same effect.
A claim for compensation must be lodged with the authority within 6 months after the approval of the management plan or such longer period as the authority or the Land Court in special circumstances allows.
In making a determination, the Land Court must have regard to the following matters—
the capacity of the land to sustain the use;
any change in the value of the land because of the approval of the management plan;
any change in the profitability of the land because of the approval of the plan;
any cooperative management agreement with the land-holder.
Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination.
In this section—
existing use of land means a lawful use made, or a use that could lawfully be made as of right, of the land immediately before the commencement of the management plan that restricts or prohibits the use.
land-holder includes a person having an interest in land.
(sec.54-ssec.1) Subject to subsections (2) and (3) , if a land-holder’s interest in land is injuriously affected by a restriction or prohibition imposed under a management plan on the land-holder’s existing use of the land, the land-holder is entitled to be paid by the authority such reasonable compensation because of the restriction or prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.
(sec.54-ssec.2) The land-holder’s interest in the land is not injuriously affected if the restriction or prohibition under the management plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the plan.
(sec.54-ssec.3) Compensation is not payable if compensation has already been paid in respect of— the restriction or prohibition; or a restriction or prohibition to the same effect.
(sec.54-ssec.4) A claim for compensation must be lodged with the authority within 6 months after the approval of the management plan or such longer period as the authority or the Land Court in special circumstances allows.
(sec.54-ssec.5) In making a determination, the Land Court must have regard to the following matters— the capacity of the land to sustain the use; any change in the value of the land because of the approval of the management plan; any change in the profitability of the land because of the approval of the plan; any cooperative management agreement with the land-holder.
(sec.54-ssec.6) Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination.
(sec.54-ssec.7) In this section— existing use of land means a lawful use made, or a use that could lawfully be made as of right, of the land immediately before the commencement of the management plan that restricts or prohibits the use. land-holder includes a person having an interest in land.
(a) the restriction or prohibition; or
(b) a restriction or prohibition to the same effect.
(a) the capacity of the land to sustain the use;
(b) any change in the value of the land because of the approval of the management plan;
(c) any change in the profitability of the land because of the approval of the plan;
(d) any cooperative management agreement with the land-holder.
pt.4
Prohibited practices
Prohibited practices
sec.55
Use of prohibited words
sec.55 Use of prohibited words
A person must not, without the prior written consent of the authority, use prohibited words in connection with a business, trade, profession or occupation.
A person must not use words in relation to an area that is not part of the wet tropics area in a way that is likely to cause another person to reasonably believe that the area is part of the wet tropics area.
In this section—
prohibited words means—
‘Wet Tropics of Queensland World Heritage’; or
‘Wet Tropics World Heritage Area’; or
any other words prescribed by regulation.
(sec.55-ssec.1) A person must not, without the prior written consent of the authority, use prohibited words in connection with a business, trade, profession or occupation.
(sec.55-ssec.2) A person must not use words in relation to an area that is not part of the wet tropics area in a way that is likely to cause another person to reasonably believe that the area is part of the wet tropics area.
(sec.55-ssec.3) In this section— prohibited words means— ‘Wet Tropics of Queensland World Heritage’; or ‘Wet Tropics World Heritage Area’; or any other words prescribed by regulation.
(a) ‘Wet Tropics of Queensland World Heritage’; or
(b) ‘Wet Tropics World Heritage Area’; or
(c) any other words prescribed by regulation.
sec.56
Prohibited acts
sec.56 Prohibited acts
A person must not do, or attempt to do, a prohibited act in relation to land within the Wet Tropics Area, unless the person is the holder of a licence, permit or other authority—
issued or given by the Authority under a regulation; or
issued or given by the Governor in Council under another Act.
Maximum penalty—3,000 penalty units, imprisonment for 2 years or both.
To remove any doubt, subsection (1) does not affect any rights that Aboriginal people have in relation to forest products under another law.
In this section—
prohibited act means—
in relation to a forestry operation—
destroying a forest product; or
constructing or establishing a road or vehicular track; or
carrying out any excavation works; or
destroying a forest product, unless exempted under a regulation; or
another act prescribed by regulation to be a prohibited act.
s 56 amd 2023 No. 6 s 141
(sec.56-ssec.1) A person must not do, or attempt to do, a prohibited act in relation to land within the Wet Tropics Area, unless the person is the holder of a licence, permit or other authority— issued or given by the Authority under a regulation; or issued or given by the Governor in Council under another Act. Maximum penalty—3,000 penalty units, imprisonment for 2 years or both.
(sec.56-ssec.2) To remove any doubt, subsection (1) does not affect any rights that Aboriginal people have in relation to forest products under another law.
(sec.56-ssec.3) In this section— prohibited act means— in relation to a forestry operation— destroying a forest product; or constructing or establishing a road or vehicular track; or carrying out any excavation works; or destroying a forest product, unless exempted under a regulation; or another act prescribed by regulation to be a prohibited act.
(a) issued or given by the Authority under a regulation; or
(b) issued or given by the Governor in Council under another Act.
(a) in relation to a forestry operation— (i) destroying a forest product; or (ii) constructing or establishing a road or vehicular track; or (iii) carrying out any excavation works; or
(i) destroying a forest product; or
(ii) constructing or establishing a road or vehicular track; or
(iii) carrying out any excavation works; or
(b) destroying a forest product, unless exempted under a regulation; or
(c) another act prescribed by regulation to be a prohibited act.
(i) destroying a forest product; or
(ii) constructing or establishing a road or vehicular track; or
(iii) carrying out any excavation works; or
sec.57
Compensation
sec.57 Compensation
Subject to subsections (2) and (3) , if a land-holder’s interest in land is injuriously affected by a prohibition under section 56 , the land-holder is entitled to be paid by the authority such reasonable compensation because of the prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.
Compensation is payable only if the prohibition is a prohibited act merely because of paragraph (b) or (c) of the definition prohibited act in section 56 .
Compensation is not payable if compensation has already been paid in respect of—
the prohibition; or
a similar prohibition.
A claim for compensation must be lodged with the authority within 6 months after the prohibition starts or such longer period as the authority or Land Court in special circumstances allows.
In making a determination, the Land Court must have regard to the following matters—
the capacity of the land to sustain the prohibited act;
any change in the value of the land because of the prohibition;
any change in the profitability of the land because of the prohibition;
any cooperative management agreement with the land-holder.
Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination.
In this section—
land-holder includes a person having an interest in land.
(sec.57-ssec.1) Subject to subsections (2) and (3) , if a land-holder’s interest in land is injuriously affected by a prohibition under section 56 , the land-holder is entitled to be paid by the authority such reasonable compensation because of the prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.
(sec.57-ssec.2) Compensation is payable only if the prohibition is a prohibited act merely because of paragraph (b) or (c) of the definition prohibited act in section 56 .
(sec.57-ssec.3) Compensation is not payable if compensation has already been paid in respect of— the prohibition; or a similar prohibition.
(sec.57-ssec.4) A claim for compensation must be lodged with the authority within 6 months after the prohibition starts or such longer period as the authority or Land Court in special circumstances allows.
(sec.57-ssec.5) In making a determination, the Land Court must have regard to the following matters— the capacity of the land to sustain the prohibited act; any change in the value of the land because of the prohibition; any change in the profitability of the land because of the prohibition; any cooperative management agreement with the land-holder.
(sec.57-ssec.6) Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination.
(sec.57-ssec.7) In this section— land-holder includes a person having an interest in land.
(a) the prohibition; or
(b) a similar prohibition.
(a) the capacity of the land to sustain the prohibited act;
(b) any change in the value of the land because of the prohibition;
(c) any change in the profitability of the land because of the prohibition;
(d) any cooperative management agreement with the land-holder.
pt.5
Administration
Administration
sec.58
Appointment, and terms of appointment, of authorised officers
sec.58 Appointment, and terms of appointment, of authorised officers
The State Minister may appoint any of the following persons to be authorised officers—
an officer or employee of the authority;
an officer of the public service;
an employee of the department;
with the person’s consent, another person.
The State Minister may appoint a person to be an authorised officer only if—
in the Minister’s opinion, the person has the necessary expertise or experience to be an authorised officer; or
the person has satisfactorily completed an appropriate course of training approved by the Minister.
An authorised officer appointed under subsection (1) (a) , (b) or (c) holds office subject to the conditions specified in the instrument of appointment.
An authorised officer appointed under subsection (1) (d) —
holds office for the period, and on the conditions, specified in the instrument of appointment; and
may resign by signed notice given to the State Minister.
An authorised officer ceases to hold office—
if the officer was appointed under subsection (1) (a) —if the officer ceases to be an officer or employee of the authority; or
if the officer was appointed under subsection(1)(b)—if the officer ceases to be an officer of the public service; or
if the officer was appointed under subsection (1) (c) —if the officer ceases to be an employee of the department; or
if the officer was appointed under subsection (1) (d) —if the officer resigns, or is removed from, office.
s 58 amd 2022 No. 21 s 64 s ch 1 pt 2
(sec.58-ssec.1) The State Minister may appoint any of the following persons to be authorised officers— an officer or employee of the authority; an officer of the public service; an employee of the department; with the person’s consent, another person.
(sec.58-ssec.2) The State Minister may appoint a person to be an authorised officer only if— in the Minister’s opinion, the person has the necessary expertise or experience to be an authorised officer; or the person has satisfactorily completed an appropriate course of training approved by the Minister.
(sec.58-ssec.3) An authorised officer appointed under subsection (1) (a) , (b) or (c) holds office subject to the conditions specified in the instrument of appointment.
(sec.58-ssec.4) An authorised officer appointed under subsection (1) (d) — holds office for the period, and on the conditions, specified in the instrument of appointment; and may resign by signed notice given to the State Minister.
(sec.58-ssec.5) An authorised officer ceases to hold office— if the officer was appointed under subsection (1) (a) —if the officer ceases to be an officer or employee of the authority; or if the officer was appointed under subsection(1)(b)—if the officer ceases to be an officer of the public service; or if the officer was appointed under subsection (1) (c) —if the officer ceases to be an employee of the department; or if the officer was appointed under subsection (1) (d) —if the officer resigns, or is removed from, office.
(a) an officer or employee of the authority;
(b) an officer of the public service;
(c) an employee of the department;
(d) with the person’s consent, another person.
(a) in the Minister’s opinion, the person has the necessary expertise or experience to be an authorised officer; or
(b) the person has satisfactorily completed an appropriate course of training approved by the Minister.
(a) holds office for the period, and on the conditions, specified in the instrument of appointment; and
(b) may resign by signed notice given to the State Minister.
(a) if the officer was appointed under subsection (1) (a) —if the officer ceases to be an officer or employee of the authority; or
(b) if the officer was appointed under subsection(1)(b)—if the officer ceases to be an officer of the public service; or
(c) if the officer was appointed under subsection (1) (c) —if the officer ceases to be an employee of the department; or
(d) if the officer was appointed under subsection (1) (d) —if the officer resigns, or is removed from, office.
sec.59
Powers of authorised officers
sec.59 Powers of authorised officers
An authorised officer appointed under section 58 (1) (a) , (b) or (c) has, in relation to the wet tropics area—
the powers given under this or another Act; and
such other powers as may be prescribed by regulation.
An authorised officer appointed under section 58 (1) (d) has, in relation to the wet tropics area—
the powers of an authorised officer under section 74 ; and
such other powers as may be prescribed by regulation.
(sec.59-ssec.1) An authorised officer appointed under section 58 (1) (a) , (b) or (c) has, in relation to the wet tropics area— the powers given under this or another Act; and such other powers as may be prescribed by regulation.
(sec.59-ssec.2) An authorised officer appointed under section 58 (1) (d) has, in relation to the wet tropics area— the powers of an authorised officer under section 74 ; and such other powers as may be prescribed by regulation.
(a) the powers given under this or another Act; and
(b) such other powers as may be prescribed by regulation.
(a) the powers of an authorised officer under section 74 ; and
(b) such other powers as may be prescribed by regulation.
sec.60
Conservation officers to be authorised officers
sec.60 Conservation officers to be authorised officers
All conservation officers under the Nature Conservation Act 1992 are, by virtue of their office, authorised officers, and have the same powers as authorised officers appointed under section 58 (1) (a) .
sec.61
Identity cards
sec.61 Identity cards
The State Minister must issue an identity card to each authorised officer other than an authorised officer of a prescribed class.
The identity card must—
contain a recent photograph of the authorised officer; and
be in a form approved by the State Minister; and
be signed by the officer.
A person who ceases to be an authorised officer must not, without reasonable excuse, fail to return the person’s identity card to the authority as soon as practicable after ceasing to be an authorised officer.
Maximum penalty for subsection (3) —50 penalty units.
s 61 amd 2022 No. 21 s 64 s ch 1 pt 2
(sec.61-ssec.1) The State Minister must issue an identity card to each authorised officer other than an authorised officer of a prescribed class.
(sec.61-ssec.2) The identity card must— contain a recent photograph of the authorised officer; and be in a form approved by the State Minister; and be signed by the officer.
(sec.61-ssec.3) A person who ceases to be an authorised officer must not, without reasonable excuse, fail to return the person’s identity card to the authority as soon as practicable after ceasing to be an authorised officer. Maximum penalty for subsection (3) —50 penalty units.
(a) contain a recent photograph of the authorised officer; and
(b) be in a form approved by the State Minister; and
(c) be signed by the officer.
sec.62
Proof of authority
sec.62 Proof of authority
An authorised officer may exercise a power in relation to a person only if the officer first produces his or her identity card for inspection by the person.
sec.63
Annual report
sec.63 Annual report
The authority must, within 3 months after the end of each financial year, give to the State Minister and the Commonwealth a report on—
the administration of this Act during the year; and
financial statements for the year; and
the state of the wet tropics area.
The State Minister must lay a copy of the report before the Legislative Assembly within 14 sitting days after its receipt by the Minister.
s 63 amd 2022 No. 21 s 64 s ch 1 pt 2
(sec.63-ssec.1) The authority must, within 3 months after the end of each financial year, give to the State Minister and the Commonwealth a report on— the administration of this Act during the year; and financial statements for the year; and the state of the wet tropics area.
(sec.63-ssec.2) The State Minister must lay a copy of the report before the Legislative Assembly within 14 sitting days after its receipt by the Minister.
(a) the administration of this Act during the year; and
(b) financial statements for the year; and
(c) the state of the wet tropics area.
sec.64
Budget
sec.64 Budget
The authority must prepare a draft budget for each financial year showing—
estimates of receipts and expenditure for the year; and
the purposes of estimated expenditure.
The authority must submit the draft budget to the State Minister and the Commonwealth Minister for approval within the time, and in the form, required by the Ministers.
The State Minister and the Commonwealth Minister must approve the draft budget (with or without modifications) within 60 days after the draft budget is submitted under subsection (2) .
If the State Minister or the Commonwealth Minister does not approve the authority’s draft budget for a financial year under subsection (3) , the draft budget submitted by the authority is taken to be approved by the State Minister and the Commonwealth Minister.
Subject to any financial agreement between the State and the Commonwealth, the authority must observe the budget approved under subsection (3) or (4) .
s 64 amd 2022 No. 21 s 61
(sec.64-ssec.1) The authority must prepare a draft budget for each financial year showing— estimates of receipts and expenditure for the year; and the purposes of estimated expenditure.
(sec.64-ssec.2) The authority must submit the draft budget to the State Minister and the Commonwealth Minister for approval within the time, and in the form, required by the Ministers.
(sec.64-ssec.3) The State Minister and the Commonwealth Minister must approve the draft budget (with or without modifications) within 60 days after the draft budget is submitted under subsection (2) .
(sec.64-ssec.4) If the State Minister or the Commonwealth Minister does not approve the authority’s draft budget for a financial year under subsection (3) , the draft budget submitted by the authority is taken to be approved by the State Minister and the Commonwealth Minister.
(sec.64-ssec.5) Subject to any financial agreement between the State and the Commonwealth, the authority must observe the budget approved under subsection (3) or (4) .
(a) estimates of receipts and expenditure for the year; and
(b) the purposes of estimated expenditure.
sec.65
Delegation by Minister
sec.65 Delegation by Minister
The State Minister may delegate to an officer of the public service the Minister’s powers under this Act.
s 65 amd 2022 No. 21 s 64 s ch 1 pt 2
sec.66
Records to be maintained by registrar
sec.66 Records to be maintained by registrar
The registrar must maintain records in relation to private land within the wet tropics area.
The records must show—
that the private land is subject to the prohibitions under section 56 ; and
in relation to private land that is subject to a management plan—that the land is subject to the management plan.
The registrar must maintain the records in such a way that a search of the register maintained by the registrar under any Act relating to the private land will show that the land is subject to—
the prohibitions; and
if subsection (2) (b) applies—the management plan.
The registrar must, within 14 days after—
the repeal of a management plan over private land; or
the removal of private land from the operation of a management plan;
remove the particulars of the land from the registrar’s records.
(sec.66-ssec.1) The registrar must maintain records in relation to private land within the wet tropics area.
(sec.66-ssec.2) The records must show— that the private land is subject to the prohibitions under section 56 ; and in relation to private land that is subject to a management plan—that the land is subject to the management plan.
(sec.66-ssec.3) The registrar must maintain the records in such a way that a search of the register maintained by the registrar under any Act relating to the private land will show that the land is subject to— the prohibitions; and if subsection (2) (b) applies—the management plan.
(sec.66-ssec.4) The registrar must, within 14 days after— the repeal of a management plan over private land; or the removal of private land from the operation of a management plan; remove the particulars of the land from the registrar’s records.
(a) that the private land is subject to the prohibitions under section 56 ; and
(b) in relation to private land that is subject to a management plan—that the land is subject to the management plan.
(a) the prohibitions; and
(b) if subsection (2) (b) applies—the management plan.
(a) the repeal of a management plan over private land; or
(b) the removal of private land from the operation of a management plan;
pt.6
Investigation and enforcement
Investigation and enforcement
sec.67
Power to stop and search vehicles etc.
sec.67 Power to stop and search vehicles etc.
In this section—
person in control of a vehicle includes—
the driver of the vehicle; and
the person in command of the vehicle; and
the person who appears to be in control or command of the vehicle.
vehicle includes a boat or an aircraft.
This section applies if an authorised officer suspects on reasonable grounds that—
a vehicle is being, or has been, used in the commission of an offence against this Act; or
a vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act.
The authorised officer may, with such assistance and by such force as is necessary and reasonable—
enter or board the vehicle; and
exercise the powers set out in section 70 .
If—
the vehicle (not being an aircraft) is moving or about to move; or
the vehicle (being an aircraft) is moving, or about to move, on the ground;
the authorised officer may signal the person in control of the vehicle—
to stop the vehicle; or
not to move the vehicle.
A person must not, without reasonable excuse, disobey a signal under subsection (4) to stop or not to move a vehicle.
Maximum penalty—165 penalty units or 1 year’s imprisonment.
It is a reasonable excuse for the person to fail to stop or not to move the vehicle if—
to obey immediately the signal would have endangered the person or another person; and
the person obeys the signal as soon as it is practicable to do so.
The authorised officer may require the person in control of the vehicle—
to give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection (3) ; or
to do both of the following—
bring the vehicle to a specified place;
remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.
A person must not, without reasonable excuse, contravene a requirement under subsection (7) .
Maximum penalty—165 penalty units or 1 year’s imprisonment.
If, while searching the vehicle the authorised officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 69 (2) applies to the thing.
If, after searching the vehicle the authorised officer believes on reasonable grounds that the vehicle will afford evidence of the commission of an offence against this Act, section 69 (2) (a) and (b) apply to the vehicle.
(sec.67-ssec.1) In this section— person in control of a vehicle includes— the driver of the vehicle; and the person in command of the vehicle; and the person who appears to be in control or command of the vehicle. vehicle includes a boat or an aircraft.
(sec.67-ssec.2) This section applies if an authorised officer suspects on reasonable grounds that— a vehicle is being, or has been, used in the commission of an offence against this Act; or a vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act.
(sec.67-ssec.3) The authorised officer may, with such assistance and by such force as is necessary and reasonable— enter or board the vehicle; and exercise the powers set out in section 70 .
(sec.67-ssec.4) If— the vehicle (not being an aircraft) is moving or about to move; or the vehicle (being an aircraft) is moving, or about to move, on the ground; the authorised officer may signal the person in control of the vehicle— to stop the vehicle; or not to move the vehicle.
(sec.67-ssec.5) A person must not, without reasonable excuse, disobey a signal under subsection (4) to stop or not to move a vehicle. Maximum penalty—165 penalty units or 1 year’s imprisonment.
(sec.67-ssec.6) It is a reasonable excuse for the person to fail to stop or not to move the vehicle if— to obey immediately the signal would have endangered the person or another person; and the person obeys the signal as soon as it is practicable to do so.
(sec.67-ssec.7) The authorised officer may require the person in control of the vehicle— to give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection (3) ; or to do both of the following— bring the vehicle to a specified place; remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.
(sec.67-ssec.8) A person must not, without reasonable excuse, contravene a requirement under subsection (7) . Maximum penalty—165 penalty units or 1 year’s imprisonment.
(sec.67-ssec.9) If, while searching the vehicle the authorised officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 69 (2) applies to the thing.
(sec.67-ssec.10) If, after searching the vehicle the authorised officer believes on reasonable grounds that the vehicle will afford evidence of the commission of an offence against this Act, section 69 (2) (a) and (b) apply to the vehicle.
(a) the driver of the vehicle; and
(b) the person in command of the vehicle; and
(c) the person who appears to be in control or command of the vehicle.
(a) a vehicle is being, or has been, used in the commission of an offence against this Act; or
(b) a vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act.
(a) enter or board the vehicle; and
(b) exercise the powers set out in section 70 .
(a) the vehicle (not being an aircraft) is moving or about to move; or
(b) the vehicle (being an aircraft) is moving, or about to move, on the ground;
(c) to stop the vehicle; or
(d) not to move the vehicle.
(a) to obey immediately the signal would have endangered the person or another person; and
(b) the person obeys the signal as soon as it is practicable to do so.
(a) to give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection (3) ; or
(b) to do both of the following— (i) bring the vehicle to a specified place; (ii) remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.
(i) bring the vehicle to a specified place;
(ii) remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.
(i) bring the vehicle to a specified place;
(ii) remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.
sec.68
Entry and search—monitoring compliance
sec.68 Entry and search—monitoring compliance
An authorised officer may, for the purpose of finding out whether this Act is being complied with—
enter any place at any reasonable time of the day or night; and
exercise the powers mentioned in section 70 .
An authorised officer may enter a place or exercise a power under subsection (1) only if—
the occupier of the place consents to the entry or exercise of the power; or
a warrant under section 71 authorises the entry or exercise of the power.
(sec.68-ssec.1) An authorised officer may, for the purpose of finding out whether this Act is being complied with— enter any place at any reasonable time of the day or night; and exercise the powers mentioned in section 70 .
(sec.68-ssec.2) An authorised officer may enter a place or exercise a power under subsection (1) only if— the occupier of the place consents to the entry or exercise of the power; or a warrant under section 71 authorises the entry or exercise of the power.
(a) enter any place at any reasonable time of the day or night; and
(b) exercise the powers mentioned in section 70 .
(a) the occupier of the place consents to the entry or exercise of the power; or
(b) a warrant under section 71 authorises the entry or exercise of the power.
sec.69
Entry and search—evidence of offences
sec.69 Entry and search—evidence of offences
If an authorised officer has reasonable grounds for suspecting that there is in a place a particular thing (the evidence ) that may afford evidence of the commission of an offence against this Act, the officer may—
enter the place; and
exercise the powers mentioned in section 70 .
If the authorised officer enters the place and finds the evidence—
the officer may seize the evidence; and
the officer may keep the evidence—
for 6 months; or
if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and
if the evidence is a document—while the officer has possession of the document, the officer—
may take extracts from and make copies of the document; and
must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.
The authorised officer may enter the place, or exercise a power under subsection (1) , only if—
the occupier of the place consents to the entry or exercise of the power; or
a warrant under section 72 that was issued in relation to the evidence authorises the entry or exercise of the power.
If, while searching the place under subsection (1) under a warrant under section 72 , the authorised officer finds a thing (the secondary evidence ) that is not the evidence, then, subject to subsection (5) , subsection (2) applies to the secondary evidence as if it were the evidence.
Subsection (4) applies only if the authorised officer believes, on reasonable grounds, that—
the secondary evidence will afford evidence of the commission of—
the offence mentioned in subsection (1) ; or
another offence against this Act; and
it is necessary to seize the secondary evidence to prevent—
its concealment, loss, death or destruction; or
its use in committing, continuing or repeating either of the offences.
(sec.69-ssec.1) If an authorised officer has reasonable grounds for suspecting that there is in a place a particular thing (the evidence ) that may afford evidence of the commission of an offence against this Act, the officer may— enter the place; and exercise the powers mentioned in section 70 .
(sec.69-ssec.2) If the authorised officer enters the place and finds the evidence— the officer may seize the evidence; and the officer may keep the evidence— for 6 months; or if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and if the evidence is a document—while the officer has possession of the document, the officer— may take extracts from and make copies of the document; and must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.
(sec.69-ssec.3) The authorised officer may enter the place, or exercise a power under subsection (1) , only if— the occupier of the place consents to the entry or exercise of the power; or a warrant under section 72 that was issued in relation to the evidence authorises the entry or exercise of the power.
(sec.69-ssec.4) If, while searching the place under subsection (1) under a warrant under section 72 , the authorised officer finds a thing (the secondary evidence ) that is not the evidence, then, subject to subsection (5) , subsection (2) applies to the secondary evidence as if it were the evidence.
(sec.69-ssec.5) Subsection (4) applies only if the authorised officer believes, on reasonable grounds, that— the secondary evidence will afford evidence of the commission of— the offence mentioned in subsection (1) ; or another offence against this Act; and it is necessary to seize the secondary evidence to prevent— its concealment, loss, death or destruction; or its use in committing, continuing or repeating either of the offences.
(a) enter the place; and
(b) exercise the powers mentioned in section 70 .
(a) the officer may seize the evidence; and
(b) the officer may keep the evidence— (i) for 6 months; or (ii) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and
(i) for 6 months; or
(ii) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and
(c) if the evidence is a document—while the officer has possession of the document, the officer— (i) may take extracts from and make copies of the document; and (ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.
(i) may take extracts from and make copies of the document; and
(ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.
(i) for 6 months; or
(ii) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and
(i) may take extracts from and make copies of the document; and
(ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.
(a) the occupier of the place consents to the entry or exercise of the power; or
(b) a warrant under section 72 that was issued in relation to the evidence authorises the entry or exercise of the power.
(a) the secondary evidence will afford evidence of the commission of— (i) the offence mentioned in subsection (1) ; or (ii) another offence against this Act; and
(i) the offence mentioned in subsection (1) ; or
(ii) another offence against this Act; and
(b) it is necessary to seize the secondary evidence to prevent— (i) its concealment, loss, death or destruction; or (ii) its use in committing, continuing or repeating either of the offences.
(i) its concealment, loss, death or destruction; or
(ii) its use in committing, continuing or repeating either of the offences.
(i) the offence mentioned in subsection (1) ; or
(ii) another offence against this Act; and
(i) its concealment, loss, death or destruction; or
(ii) its use in committing, continuing or repeating either of the offences.
sec.70
General powers in relation to places and vehicles
sec.70 General powers in relation to places and vehicles
An authorised officer who enters a place, or enters or boards a vehicle, under this part may exercise any of the following powers—
search any part of the place or vehicle;
inspect, examine, photograph or film anything in or on the place or vehicle;
take extracts from, and make copies of, any documents in or on the place or vehicle;
take into or onto the place or vehicle any persons, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place or vehicle;
require—
the occupier of the place; or
any person in or on the place or vehicle;
to give to the authorised officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d) ;
the powers mentioned in the following provisions—
section 74 (Power to require name and address);
section 75 (Power to require answers to questions);
section 76 (1) (b) to (c) (Other powers of authorised officers).
A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (e) .
Maximum penalty—50 penalty units.
It is a reasonable excuse for a person to fail—
to answer a question; or
produce a document (other than a document required to be kept by the person under a regulation);
if answering the question, or producing the document, might tend to incriminate the person.
An authorised officer who seizes or damages anything under this part must, as soon as practicable, give written notice of the particulars of the thing or damage.
The notice must be given to—
for a seizure—the person from whom the thing was seized; or
for injury or damage—the person who appears to the authorised officer to be the owner of the thing.
This section does not limit any power that an authorised officer has apart from this section.
In this section—
vehicle includes a boat and an aircraft.
(sec.70-ssec.1) An authorised officer who enters a place, or enters or boards a vehicle, under this part may exercise any of the following powers— search any part of the place or vehicle; inspect, examine, photograph or film anything in or on the place or vehicle; take extracts from, and make copies of, any documents in or on the place or vehicle; take into or onto the place or vehicle any persons, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place or vehicle; require— the occupier of the place; or any person in or on the place or vehicle; to give to the authorised officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d) ; the powers mentioned in the following provisions— section 74 (Power to require name and address); section 75 (Power to require answers to questions); section 76 (1) (b) to (c) (Other powers of authorised officers).
(sec.70-ssec.2) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) (e) . Maximum penalty—50 penalty units.
(sec.70-ssec.3) It is a reasonable excuse for a person to fail— to answer a question; or produce a document (other than a document required to be kept by the person under a regulation); if answering the question, or producing the document, might tend to incriminate the person.
(sec.70-ssec.4) An authorised officer who seizes or damages anything under this part must, as soon as practicable, give written notice of the particulars of the thing or damage.
(sec.70-ssec.5) The notice must be given to— for a seizure—the person from whom the thing was seized; or for injury or damage—the person who appears to the authorised officer to be the owner of the thing.
(sec.70-ssec.6) This section does not limit any power that an authorised officer has apart from this section.
(sec.70-ssec.7) In this section— vehicle includes a boat and an aircraft.
(a) search any part of the place or vehicle;
(b) inspect, examine, photograph or film anything in or on the place or vehicle;
(c) take extracts from, and make copies of, any documents in or on the place or vehicle;
(d) take into or onto the place or vehicle any persons, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place or vehicle;
(e) require— (i) the occupier of the place; or (ii) any person in or on the place or vehicle; to give to the authorised officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d) ;
(i) the occupier of the place; or
(ii) any person in or on the place or vehicle;
(f) the powers mentioned in the following provisions— (i) section 74 (Power to require name and address); (ii) section 75 (Power to require answers to questions); (iii) section 76 (1) (b) to (c) (Other powers of authorised officers).
(i) section 74 (Power to require name and address);
(ii) section 75 (Power to require answers to questions);
(iii) section 76 (1) (b) to (c) (Other powers of authorised officers).
(i) the occupier of the place; or
(ii) any person in or on the place or vehicle;
(i) section 74 (Power to require name and address);
(ii) section 75 (Power to require answers to questions);
(iii) section 76 (1) (b) to (c) (Other powers of authorised officers).
(a) to answer a question; or
(b) produce a document (other than a document required to be kept by the person under a regulation);
(a) for a seizure—the person from whom the thing was seized; or
(b) for injury or damage—the person who appears to the authorised officer to be the owner of the thing.
sec.71
Monitoring warrants
sec.71 Monitoring warrants
An authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes).
Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is necessary and reasonable that the authorised officer should have access to the place for the purpose of finding out whether this Act is being complied with.
If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.
The warrant must—
authorise the authorised officer, with such assistance and by such force as is necessary and reasonable—
to enter the place; and
to exercise the powers set out in section 70 (1) (a) to (e) ; and
state whether the entry is authorised to be made—
at any reasonable time of the day or night; or
only during specified reasonable hours of the day or night; and
specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and
state the purpose for which the warrant is issued.
(sec.71-ssec.1) An authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes).
(sec.71-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is necessary and reasonable that the authorised officer should have access to the place for the purpose of finding out whether this Act is being complied with.
(sec.71-ssec.3) If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.
(sec.71-ssec.4) The warrant must— authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 70 (1) (a) to (e) ; and state whether the entry is authorised to be made— at any reasonable time of the day or night; or only during specified reasonable hours of the day or night; and specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purpose for which the warrant is issued.
(a) authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 70 (1) (a) to (e) ; and
(i) to enter the place; and
(ii) to exercise the powers set out in section 70 (1) (a) to (e) ; and
(b) state whether the entry is authorised to be made— (i) at any reasonable time of the day or night; or (ii) only during specified reasonable hours of the day or night; and
(i) at any reasonable time of the day or night; or
(ii) only during specified reasonable hours of the day or night; and
(c) specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
(i) to enter the place; and
(ii) to exercise the powers set out in section 70 (1) (a) to (e) ; and
(i) at any reasonable time of the day or night; or
(ii) only during specified reasonable hours of the day or night; and
sec.72
Offence related warrants
sec.72 Offence related warrants
An authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place.
Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in or on the place a particular thing that may afford evidence of the commission of an offence against this Act.
If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.
The warrant must—
authorise the authorised officer, with such assistance and by such force as is necessary and reasonable—
to enter the place; and
to exercise the powers set out in section 70 (1) (a) to (e) ; and
to seize a specified thing; and
state whether the entry is authorised to be made—
at any time of the day or night; or
only during specified hours of the day or night; and
specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and
state the purpose for which the warrant is issued.
(sec.72-ssec.1) An authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place.
(sec.72-ssec.2) Subject to subsection (3) , the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in or on the place a particular thing that may afford evidence of the commission of an offence against this Act.
(sec.72-ssec.3) If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.
(sec.72-ssec.4) The warrant must— authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— to enter the place; and to exercise the powers set out in section 70 (1) (a) to (e) ; and to seize a specified thing; and state whether the entry is authorised to be made— at any time of the day or night; or only during specified hours of the day or night; and specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and state the purpose for which the warrant is issued.
(a) authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 70 (1) (a) to (e) ; and (iii) to seize a specified thing; and
(i) to enter the place; and
(ii) to exercise the powers set out in section 70 (1) (a) to (e) ; and
(iii) to seize a specified thing; and
(b) state whether the entry is authorised to be made— (i) at any time of the day or night; or (ii) only during specified hours of the day or night; and
(i) at any time of the day or night; or
(ii) only during specified hours of the day or night; and
(c) specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
(i) to enter the place; and
(ii) to exercise the powers set out in section 70 (1) (a) to (e) ; and
(iii) to seize a specified thing; and
(i) at any time of the day or night; or
(ii) only during specified hours of the day or night; and
sec.73
Warrants may be issued by various forms of communication
sec.73 Warrants may be issued by various forms of communication
If an authorised officer considers it necessary to do so because of—
urgent circumstances; or
other special circumstances, including, for example, the officer’s remote location;
the officer may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section 71 or 72 .
Before applying for the warrant, the authorised officer must prepare an information of the kind mentioned in section 71 (2) or 72 (2) that sets out the grounds on which the issue of the warrant is sought.
If it is necessary to do so, an authorised officer may apply for the warrant before the information has been sworn.
If the magistrate—
after having considered the terms of the information; and
after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought;
is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may, under section 71 or 72 , complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section.
If the magistrate completes and signs the warrant, the magistrate must—
immediately send a copy of the warrant to the authorised officer by facsimile; or
if it is not reasonably practicable to do so—
tell the officer what the terms of the warrant are; and
tell the officer the day and time when the warrant was signed; and
record on the warrant the reasons for granting the warrant.
If the magistrate takes the action mentioned in subsection (5) (b) , the authorised officer must—
complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and
write on the form of warrant—
the name of the magistrate; and
the day and time when the magistrate signed the warrant.
The authorised officer must also send to the magistrate—
the information mentioned in subsection (2) , which must have been properly sworn; and
if a form of warrant was completed by the authorised officer under subsection (6) —the completed form of warrant.
A document mentioned in subsection (7) must be sent—
not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or
if it is not practicable to comply with paragraph (a) —as soon as practicable after the day mentioned in the paragraph.
When the magistrate receives the documents mentioned in subsection (7) , the magistrate must—
attach them to the warrant that the magistrate completed and signed; and
deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 71 or 72 .
A facsimile copy of a warrant, or a form of warrant properly completed by the authorised officer under subsection (6) , is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.
If—
it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and
the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;
the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.
(sec.73-ssec.1) If an authorised officer considers it necessary to do so because of— urgent circumstances; or other special circumstances, including, for example, the officer’s remote location; the officer may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section 71 or 72 .
(sec.73-ssec.2) Before applying for the warrant, the authorised officer must prepare an information of the kind mentioned in section 71 (2) or 72 (2) that sets out the grounds on which the issue of the warrant is sought.
(sec.73-ssec.3) If it is necessary to do so, an authorised officer may apply for the warrant before the information has been sworn.
(sec.73-ssec.4) If the magistrate— after having considered the terms of the information; and after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may, under section 71 or 72 , complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section.
(sec.73-ssec.5) If the magistrate completes and signs the warrant, the magistrate must— immediately send a copy of the warrant to the authorised officer by facsimile; or if it is not reasonably practicable to do so— tell the officer what the terms of the warrant are; and tell the officer the day and time when the warrant was signed; and record on the warrant the reasons for granting the warrant.
(sec.73-ssec.6) If the magistrate takes the action mentioned in subsection (5) (b) , the authorised officer must— complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and write on the form of warrant— the name of the magistrate; and the day and time when the magistrate signed the warrant.
(sec.73-ssec.7) The authorised officer must also send to the magistrate— the information mentioned in subsection (2) , which must have been properly sworn; and if a form of warrant was completed by the authorised officer under subsection (6) —the completed form of warrant.
(sec.73-ssec.8) A document mentioned in subsection (7) must be sent— not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or if it is not practicable to comply with paragraph (a) —as soon as practicable after the day mentioned in the paragraph.
(sec.73-ssec.9) When the magistrate receives the documents mentioned in subsection (7) , the magistrate must— attach them to the warrant that the magistrate completed and signed; and deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 71 or 72 .
(sec.73-ssec.10) A facsimile copy of a warrant, or a form of warrant properly completed by the authorised officer under subsection (6) , is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.
(sec.73-ssec.11) If— it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.
(a) urgent circumstances; or
(b) other special circumstances, including, for example, the officer’s remote location;
(a) after having considered the terms of the information; and
(b) after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought;
(a) immediately send a copy of the warrant to the authorised officer by facsimile; or
(b) if it is not reasonably practicable to do so— (i) tell the officer what the terms of the warrant are; and (ii) tell the officer the day and time when the warrant was signed; and (iii) record on the warrant the reasons for granting the warrant.
(i) tell the officer what the terms of the warrant are; and
(ii) tell the officer the day and time when the warrant was signed; and
(iii) record on the warrant the reasons for granting the warrant.
(i) tell the officer what the terms of the warrant are; and
(ii) tell the officer the day and time when the warrant was signed; and
(iii) record on the warrant the reasons for granting the warrant.
(a) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and
(b) write on the form of warrant— (i) the name of the magistrate; and (ii) the day and time when the magistrate signed the warrant.
(i) the name of the magistrate; and
(ii) the day and time when the magistrate signed the warrant.
(i) the name of the magistrate; and
(ii) the day and time when the magistrate signed the warrant.
(a) the information mentioned in subsection (2) , which must have been properly sworn; and
(b) if a form of warrant was completed by the authorised officer under subsection (6) —the completed form of warrant.
(a) not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or
(b) if it is not practicable to comply with paragraph (a) —as soon as practicable after the day mentioned in the paragraph.
(a) attach them to the warrant that the magistrate completed and signed; and
(b) deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 71 or 72 .
(a) it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and
(b) the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;
sec.74
Power to require name and address
sec.74 Power to require name and address
This section applies if an authorised officer—
finds a person committing an offence against this Act; or
finds a person who the officer has reasonable grounds for suspecting has committed an offence against this Act; or
believes on reasonable grounds that the name and address of a person is required for the purpose of the administration or enforcement of this Act.
The authorised officer may—
require the person to state the person’s name and address; and
if the officer believes on reasonable grounds that the name and address given by a person is false—require evidence of its correctness.
If the authorised officer makes a requirement under subsection (2) , the officer must warn the person that it is an offence against this Act to fail, without reasonable excuse, to comply with the requirement.
A person who is required under subsection (2) to state the person’s name or address must not—
without reasonable excuse, fail to comply with the requirement; or
state a false name or address.
Maximum penalty—100 penalty units.
A person who is required under subsection (2) to give evidence of the correctness of a name or address must not—
without reasonable excuse, fail to give the evidence; or
give false evidence.
Maximum penalty—100 penalty units.
If—
an authorised officer makes a requirement under subsection (2) on a suspicion of a person having committed an offence; and
the person is not proved to have committed the offence;
the person is not guilty of an offence against this section.
(sec.74-ssec.1) This section applies if an authorised officer— finds a person committing an offence against this Act; or finds a person who the officer has reasonable grounds for suspecting has committed an offence against this Act; or believes on reasonable grounds that the name and address of a person is required for the purpose of the administration or enforcement of this Act.
(sec.74-ssec.2) The authorised officer may— require the person to state the person’s name and address; and if the officer believes on reasonable grounds that the name and address given by a person is false—require evidence of its correctness.
(sec.74-ssec.3) If the authorised officer makes a requirement under subsection (2) , the officer must warn the person that it is an offence against this Act to fail, without reasonable excuse, to comply with the requirement.
(sec.74-ssec.4) A person who is required under subsection (2) to state the person’s name or address must not— without reasonable excuse, fail to comply with the requirement; or state a false name or address. Maximum penalty—100 penalty units.
(sec.74-ssec.5) A person who is required under subsection (2) to give evidence of the correctness of a name or address must not— without reasonable excuse, fail to give the evidence; or give false evidence. Maximum penalty—100 penalty units.
(sec.74-ssec.6) If— an authorised officer makes a requirement under subsection (2) on a suspicion of a person having committed an offence; and the person is not proved to have committed the offence; the person is not guilty of an offence against this section.
(a) finds a person committing an offence against this Act; or
(b) finds a person who the officer has reasonable grounds for suspecting has committed an offence against this Act; or
(c) believes on reasonable grounds that the name and address of a person is required for the purpose of the administration or enforcement of this Act.
(a) require the person to state the person’s name and address; and
(b) if the officer believes on reasonable grounds that the name and address given by a person is false—require evidence of its correctness.
(a) without reasonable excuse, fail to comply with the requirement; or
(b) state a false name or address.
(a) without reasonable excuse, fail to give the evidence; or
(b) give false evidence.
(a) an authorised officer makes a requirement under subsection (2) on a suspicion of a person having committed an offence; and
(b) the person is not proved to have committed the offence;
sec.75
Power to require answers to questions
sec.75 Power to require answers to questions
If an authorised officer believes on reasonable grounds that a person may be able to provide information relevant to the enforcement of this Act, the officer may require the person to answer a question relevant to the enforcement of this Act.
If the authorised officer makes a requirement under subsection (1) , the officer must warn the person that it is an offence against this Act—
to fail to answer a question relevant to the enforcement of this Act without reasonable excuse; or
to make a statement that the person knows is false or misleading in a material particular.
A person who is required under subsection (1) to answer a question must not, without reasonable excuse, fail to comply with the requirement.
Maximum penalty—100 penalty units.
It is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person.
If—
an authorised officer makes a requirement under subsection (1) on the basis of a reasonable belief; and
the information is not in fact relevant to the enforcement of this Act;
the person is not guilty of an offence against this section.
(sec.75-ssec.1) If an authorised officer believes on reasonable grounds that a person may be able to provide information relevant to the enforcement of this Act, the officer may require the person to answer a question relevant to the enforcement of this Act.
(sec.75-ssec.2) If the authorised officer makes a requirement under subsection (1) , the officer must warn the person that it is an offence against this Act— to fail to answer a question relevant to the enforcement of this Act without reasonable excuse; or to make a statement that the person knows is false or misleading in a material particular.
(sec.75-ssec.3) A person who is required under subsection (1) to answer a question must not, without reasonable excuse, fail to comply with the requirement. Maximum penalty—100 penalty units.
(sec.75-ssec.4) It is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person.
(sec.75-ssec.5) If— an authorised officer makes a requirement under subsection (1) on the basis of a reasonable belief; and the information is not in fact relevant to the enforcement of this Act; the person is not guilty of an offence against this section.
(a) to fail to answer a question relevant to the enforcement of this Act without reasonable excuse; or
(b) to make a statement that the person knows is false or misleading in a material particular.
(a) an authorised officer makes a requirement under subsection (1) on the basis of a reasonable belief; and
(b) the information is not in fact relevant to the enforcement of this Act;
sec.76
Other powers of authorised officers
sec.76 Other powers of authorised officers
An authorised officer may, for the purposes of this Act, exercise any of the following powers—
enter any land at any reasonable time for the purpose of inspecting the state of the wet tropics area;
require a person to produce to the officer—
any licence, permit or other authority held by the person under a regulation; or
any document required to be kept by the person under a regulation;
inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (b) .
Before exercising the power mentioned in subsection (1) (a) , an authorised officer must—
obtain, or, in urgent circumstances, take all reasonable steps to obtain, the consent of the land-holder concerned; or
give at least 14 days’ written notice to the land-holder concerned of—
the officer’s intention to enter the land; and
the proposed purpose in entering the land; and
the day and time when the officer proposes to enter the land.
In exercising the power mentioned in subsection (1) (a) , an authorised officer must take all reasonable steps to ensure that the officer causes as little inconvenience, and does as little damage, as is practicable.
An authorised officer—
may keep a document under subsection (1) (c) only for the purpose of taking copies of the document; and
must, as soon as practicable after taking the copies, return the document to the person who produced it.
(sec.76-ssec.1) An authorised officer may, for the purposes of this Act, exercise any of the following powers— enter any land at any reasonable time for the purpose of inspecting the state of the wet tropics area; require a person to produce to the officer— any licence, permit or other authority held by the person under a regulation; or any document required to be kept by the person under a regulation; inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (b) .
(sec.76-ssec.2) Before exercising the power mentioned in subsection (1) (a) , an authorised officer must— obtain, or, in urgent circumstances, take all reasonable steps to obtain, the consent of the land-holder concerned; or give at least 14 days’ written notice to the land-holder concerned of— the officer’s intention to enter the land; and the proposed purpose in entering the land; and the day and time when the officer proposes to enter the land.
(sec.76-ssec.3) In exercising the power mentioned in subsection (1) (a) , an authorised officer must take all reasonable steps to ensure that the officer causes as little inconvenience, and does as little damage, as is practicable.
(sec.76-ssec.4) An authorised officer— may keep a document under subsection (1) (c) only for the purpose of taking copies of the document; and must, as soon as practicable after taking the copies, return the document to the person who produced it.
(a) enter any land at any reasonable time for the purpose of inspecting the state of the wet tropics area;
(b) require a person to produce to the officer— (i) any licence, permit or other authority held by the person under a regulation; or (ii) any document required to be kept by the person under a regulation;
(i) any licence, permit or other authority held by the person under a regulation; or
(ii) any document required to be kept by the person under a regulation;
(c) inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (b) .
(i) any licence, permit or other authority held by the person under a regulation; or
(ii) any document required to be kept by the person under a regulation;
(a) obtain, or, in urgent circumstances, take all reasonable steps to obtain, the consent of the land-holder concerned; or
(b) give at least 14 days’ written notice to the land-holder concerned of— (i) the officer’s intention to enter the land; and (ii) the proposed purpose in entering the land; and (iii) the day and time when the officer proposes to enter the land.
(i) the officer’s intention to enter the land; and
(ii) the proposed purpose in entering the land; and
(iii) the day and time when the officer proposes to enter the land.
(i) the officer’s intention to enter the land; and
(ii) the proposed purpose in entering the land; and
(iii) the day and time when the officer proposes to enter the land.
(a) may keep a document under subsection (1) (c) only for the purpose of taking copies of the document; and
(b) must, as soon as practicable after taking the copies, return the document to the person who produced it.
sec.77
Obstruction of authorised officers
sec.77 Obstruction of authorised officers
A person must not, without reasonable excuse, obstruct, hinder or resist, or attempt to obstruct, hinder or resist, an authorised officer in the exercise of a power under this Act.
Maximum penalty—100 penalty units.
sec.78
Compensation
sec.78 Compensation
A person who incurs any loss or expense—
because of the exercise or purported exercise of a power under this part; or
in complying with a requirement made of the person under this part;
may claim compensation from the State.
A payment of compensation may be claimed and ordered—
in an action for compensation brought in a court of competent jurisdiction for the recovery of compensation; or
during a proceeding for a charge under this Act against the person by whom the claim is made.
A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to do so in the circumstances of the particular case.
(sec.78-ssec.1) A person who incurs any loss or expense— because of the exercise or purported exercise of a power under this part; or in complying with a requirement made of the person under this part; may claim compensation from the State.
(sec.78-ssec.2) A payment of compensation may be claimed and ordered— in an action for compensation brought in a court of competent jurisdiction for the recovery of compensation; or during a proceeding for a charge under this Act against the person by whom the claim is made.
(sec.78-ssec.3) A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to do so in the circumstances of the particular case.
(a) because of the exercise or purported exercise of a power under this part; or
(b) in complying with a requirement made of the person under this part;
(a) in an action for compensation brought in a court of competent jurisdiction for the recovery of compensation; or
(b) during a proceeding for a charge under this Act against the person by whom the claim is made.
sec.79
False or misleading information and documents
sec.79 False or misleading information and documents
A person must not—
make a statement to an authorised officer that the person knows is false or misleading in a material particular; or
omit from a statement made to an authorised officer anything without which the statement is, to the person’s knowledge, misleading in a material particular.
Maximum penalty—100 penalty units.
A complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states that the statement made was false or misleading to the person’s knowledge.
A person must not give to an authorised officer a document containing information that the person knows is false, misleading or incomplete in a material particular.
Maximum penalty—100 penalty units.
Subsection (3) does not apply to a person if, when the person gives the document to the authorised officer, the person—
indicates to the officer that the document is false, misleading or incomplete; and
indicates the respect in which the document is false, misleading or incomplete; and
gives the correct information to the officer if the person has, or can reasonably obtain, the correct information.
(sec.79-ssec.1) A person must not— make a statement to an authorised officer that the person knows is false or misleading in a material particular; or omit from a statement made to an authorised officer anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—100 penalty units.
(sec.79-ssec.2) A complaint against a person for an offence against subsection (1) (a) or (b) is sufficient if it states that the statement made was false or misleading to the person’s knowledge.
(sec.79-ssec.3) A person must not give to an authorised officer a document containing information that the person knows is false, misleading or incomplete in a material particular. Maximum penalty—100 penalty units.
(sec.79-ssec.4) Subsection (3) does not apply to a person if, when the person gives the document to the authorised officer, the person— indicates to the officer that the document is false, misleading or incomplete; and indicates the respect in which the document is false, misleading or incomplete; and gives the correct information to the officer if the person has, or can reasonably obtain, the correct information.
(a) make a statement to an authorised officer that the person knows is false or misleading in a material particular; or
(b) omit from a statement made to an authorised officer anything without which the statement is, to the person’s knowledge, misleading in a material particular.
(a) indicates to the officer that the document is false, misleading or incomplete; and
(b) indicates the respect in which the document is false, misleading or incomplete; and
(c) gives the correct information to the officer if the person has, or can reasonably obtain, the correct information.
sec.80
Impersonation of authorised officer
sec.80 Impersonation of authorised officer
A person must not pretend to be an authorised officer.
Maximum penalty—50 penalty units.
pt.7
Legal proceedings
Legal proceedings
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Wet Tropics World Heritage Protection and Management Act 1993 .
sec.3 Crown bound
sec.3 Crown bound
This Act binds the Crown in right of Queensland and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.
However, subsection (2) does not prevent an officer, employee or agent of the Crown from being prosecuted for an offence.
(sec.3-ssec.1) This Act binds the Crown in right of Queensland and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(sec.3-ssec.2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.
(sec.3-ssec.3) However, subsection (2) does not prevent an officer, employee or agent of the Crown from being prosecuted for an offence.
sec.4 Definitions
sec.4 Definitions
The dictionary in schedule 3 defines particular words used in this Act.
s 4 Note—prev s 4 contained definitions for this Act. Definitions are now located in schedule 3 (Dictionary).
pres s 4 amd 2005 No. 53 s 155 (1)
sec.5 Aboriginal people particularly concerned with land
sec.5 Aboriginal people particularly concerned with land
For the purposes of this Act, Aboriginal people are particularly concerned with land if—
they are members of a group that has a particular connection with the land under Aboriginal tradition; or
they live on or use the land or neighbouring land.
(a) they are members of a group that has a particular connection with the land under Aboriginal tradition; or
(b) they live on or use the land or neighbouring land.
pt.2 Wet Tropics Management Authority and its board
Wet Tropics Management Authority and its board
pt.2-div.1 Establishment, functions and powers of authority
Establishment, functions and powers of authority
sec.6 Establishment of authority
sec.6 Establishment of authority
An authority called the Wet Tropics Management Authority is established.
sec.7 Object of establishment of authority
sec.7 Object of establishment of authority
The authority is established to ensure that Australia’s obligation under the World Heritage Convention in relation to the wet tropics area is met.
Part 4 imposes strict prohibitions. Section 55 prevents unauthorised use of protected names like "Wet Tropics World Heritage Area" in trade or in a manner likely to mislead the public as to an area's status. Section 56(1) prohibits "prohibited acts" within the Area—primarily forestry operations involving destruction of forest products, road or track construction, excavation, or any other prescribed act—unless authorised by a licence, permit, or Governor in Council authority under regulation or another Act. Maximum penalty is 3,000 penalty units, two years' imprisonment, or both. Aboriginal rights to forest products under other laws are preserved (s.56(2)).
Enforcement is supported by a tiered system of authorised officers (ss.58-60) with identity cards (s.61) and extensive powers: stopping and searching vehicles (s.67), entering places for monitoring or evidence gathering (ss.68-69), general search and seizure powers (s.70), warrant procedures including by remote communication (ss.71-73), requiring names and addresses (s.74), answers to questions (s.75), and other inspection powers (s.76). Obstruction is an offence (s.77). Evidentiary aids, including certificates from the executive director, streamline prosecutions (s.81). Proceedings for the serious s.56 offence may proceed summarily or on indictment, with time limits and committal mechanisms (s.82). Courts may order rehabilitation costs on conviction (s.83), with penalties paid to the consolidated fund (s.84).
The Authority maintains a board of seven directors with specific Aboriginal representation and Ministerial nomination processes, including fallback appointments (ss.12-22). Governance includes conflict of interest rules (ss.25, 31), meeting procedures (ss.26-30), delegations (ss.35-36), advisory committees (s.40), and staff arrangements under the Public Sector Act 2022 (ss.32-33). Landholders injuriously affected by plan restrictions or prohibitions may claim compensation via agreement or Land Court determination, subject to exclusions for pre-existing restrictions or prior payments (ss.54, 57). The Act binds the Crown but does not expose it to prosecution, though officers remain liable (s.3). Recent Part 9 provisions validate prior management plan clauses on cooperative agreements and preserve the validity of certain existing agreements (ss.86-87).
In essence, the Act operationalises World Heritage duties through a dedicated authority, science-based and community-inclusive planning, strict activity controls, robust enforcement, and compensation safeguards, all while embedding Aboriginal participation.
Who it affects
The Act casts a wide net across public and private actors. Primary duty-bearers include the Wet Tropics Management Authority itself, its board, executive director, and staff (Part 2). The board—comprising a chairperson, an Aboriginal director particularly concerned with the land (per s.5 criteria), two Commonwealth nominees, two State nominees, and the executive director (s.14)—bears responsibility for objectives, strategies, policies, and efficient performance (s.13). The executive director manages operations under the board (s.24) and holds specific disclosure duties (s.25).
State and Commonwealth Ministers exercise significant oversight: joint nomination of key directors (s.14), approval of budgets (s.64), receipt of advice and reports (s.10(1)(c) and (m)), recommendation of plan approvals (s.47(2)), and resolution of plan/instrument inconsistencies (s.51). The Governor in Council appoints directors (s.16), approves plans (s.47(1)), makes regulations (s.85), and holds residual appointment and removal powers.
Land-holders within or adjacent to the Wet Tropics Area are directly affected. "Land-holder" includes those with any interest in land (s.54(7)). They may enter cooperative management agreements (s.10(1)(f)), face restrictions via management plans that prevail over planning schemes (s.49) and constrain local authority approvals (s.50), and are prohibited from undertaking prohibited acts without authorisation (s.56). Injurious affection of existing uses triggers compensation rights (s.54), as do certain prohibitions (s.57). The registrar must annotate land records to reflect prohibitions and plans (s.66).
Aboriginal people "particularly concerned with land" (defined in s.5 as those with traditional connections or who live on/use the land or neighbouring land) occupy a privileged position. The Act mandates regard to their tradition (s.10(5)), liaison and cooperation (s.10(5)), an Aboriginal board director (s.14(2)), and advisory committee functions that explicitly reference Aboriginal tradition (s.40(4)). Their native title and other rights, including to forest products, are preserved (ss.51(4), 56(2)).
Local authorities cannot issue development approvals inconsistent with plans (s.50). Government departments, public authorities, and officers may provide seconded staff (s.32), receive advice, and are bound as part of the Crown (s.3). Authorised officers—drawn from Authority staff, public servants, departmental employees, or others (s.58)—exercise entry, search, seizure, and questioning powers and enjoy qualified immunity (s.34).
Businesses and individuals are prohibited from misusing protected names (s.55) or committing prohibited acts. Consultants, researchers, and educators interact with the Authority's information and education functions (s.10(1)(h)-(i)). Tour operators and promoters must comply with plan requirements. Visitors and recreational users are indirectly regulated through access and activity controls in plans and regulations (s.85(2)).
The general public benefits from inspection rights to plans (s.47(4)) and participation in consultation (ss.42, 44). Courts, magistrates, and the Land Court determine compensation, warrants, prosecutions, and evidentiary matters (ss.54, 71-73, 81-82). International and foreign organisations are liaison targets (s.10(1)(k)).
Key duties and rights
Duties fall heaviest on the Authority. It must prepare an initial management plan promptly (s.41(1)), ensure implementation (s.10(1)(d)), perform functions consistently with natural heritage protection (s.10(4)), and, subject to that overriding duty, have regard to Aboriginal tradition and cooperate with relevant Aboriginal people (s.10(5)). It must also align with ecologically sustainable development principles (s.10(6)). The board decides objectives, strategies, and policies while ensuring proper, effective, and efficient performance (s.13). The executive director manages day-to-day operations (s.24(1)) and discloses pecuniary interests (s.25).
Ministers hold duties to consider advice, approve budgets within 60 days (with a default approval mechanism if they fail to act—s.64(4)), recommend plan approvals, and determine instrument inconsistencies after weighing heritage, biodiversity, and public interest factors (s.51(2)-(3)). Local authorities owe a duty not to approve inconsistent development (s.50).
Land-holders must comply with plans and prohibitions. However, they enjoy rights to compensation for injurious affection of existing lawful uses by new plan restrictions (s.54(1)), provided the restriction is not equivalent to a pre-existing legal constraint and compensation has not previously been paid (s.54(2)-(3)). Claims must be lodged within six months (extendable) (s.54(4)), with the Land Court considering land capacity, value and profitability changes, and any cooperative agreements (s.54(5)). Parallel compensation applies to s.56 prohibitions that arise solely under the residual "prescribed act" category (s.57(2)).
Aboriginal people particularly concerned with land hold participatory rights: board representation, mandatory liaison, advisory committee input, and preservation of native title and forest product rights (ss.5, 10(5), 14(2), 40(4), 51(4), 56(2)). Any person may inspect plans and purchase copies (s.47(4)) and make submissions during plan preparation (ss.42, 44).
Authorised officers possess extensive powers but are constrained by identity card production (s.62), warrant requirements for non-consensual entry (ss.68-69, 71-72), and reasonableness obligations (e.g., minimal damage when entering land—s.76(3)). They must warn of offence consequences before requiring names, addresses, or answers (ss.74(3), 75(2)). Officers and those acting under their direction enjoy civil immunity for honest, non-negligent acts, with liability shifting to the Authority (s.34), subject to Public Sector Act 2022 exclusions.
The Authority may delegate most powers but not those under Part 3 or s.64 (s.35(2)). Directors face removal for indictable convictions, misconduct, statutory breaches, or incapacity, with consultation requirements for certain appointees (s.22). Conflict rules require disclosure and potential exclusion from deliberations (s.31). The public holds rights to education programs, information, and promotion of the Area (s.10(1)(h)-(j)).
Regulations may create further duties, including environmental impact assessments and owner liability for vehicle offences (s.85(2)-(3)). All parties must observe evidentiary presumptions and certificate proof mechanisms (s.81).
Penalties and enforcement
Penalties are calibrated to offence seriousness. The centrepiece prohibition in s.56(1) carries a maximum of 3,000 penalty units, two years' imprisonment, or both. Summary conviction is capped at 165 penalty units or one year's imprisonment (s.82(8)). Name misuse under s.55 attracts unspecified but presumably regulatory penalties. Obstruction of authorised officers is punishable by 100 penalty units (s.77). Failure to comply with name/address or question requirements carries 100 penalty units (ss.74(4)-(5), 75(3)). Identity card return breaches incur 50 penalty units (s.61(3)). Impersonation is 50 penalty units (s.80). False or misleading statements or documents attract 100 penalty units (s.79).
Enforcement relies on authorised officers appointed by the State Minister on expertise or training criteria (s.58). Conservation officers under the Nature Conservation Act 1992 are automatically authorised (s.60). Powers are graduated: monitoring entry with consent or warrant (s.68), evidence-based entry and seizure (s.69), vehicle stop and search (s.67), general powers including photography, copying, assistance requirements, and invocation of ss.74-76 powers (s.70). Warrants may be issued by magistrate on oath, including remotely in urgent cases, with strict formalities and return requirements (ss.71-73).
Evidentiary provisions ease proof: appointments need not be proven, signatures are presumed authentic, and executive director certificates constitute evidence of matters such as authorisations, holdings of permits, and service of notices (s.81). Proceedings for s.56 offences may be summary or indictable at prosecution election; other offences are summary (s.82). Limitation periods are one year from commission or two years from discovery, whichever later (s.82(5)). Magistrates may convert summary matters to committal if requested or deemed appropriate (s.82(6)-(7)).
Courts may order offenders to pay rehabilitation or restoration costs (s.83). All penalties flow to the consolidated fund (s.84). Compensation claims for plan or prohibition effects are civil, determined by agreement or Land Court, not criminal penalties (ss.54, 57). The Authority's budget must be approved and observed (s.64), providing financial discipline.
The regime emphasises prevention through planning and authorisations rather than solely reactive penalties, with cooperative agreements offering a compliance pathway that can modify plan application (s.41(6)).
How it interacts with other laws
The Act is designed to integrate with, and in places prevail over, intersecting regimes. It binds the Crown in all capacities (to the extent of legislative power) but shields the Crown from prosecution while preserving officer liability (s.3). It expressly declares the Authority an excluded matter under Corporations Act 2001 (Cth) s.5F for designated chapters and parts, preventing corporate governance overlays (s.9A).
Management plans prevail over planning schemes to the extent of inconsistency, whether the scheme predates or postdates the plan (s.49), and constrain local government approvals (s.50). Inconsistencies with Nature Conservation Act 1992 instruments (conservation plans, management plans, programs, or statements) trigger a Ministerial determination process prioritising natural heritage and biodiversity (s.51). Aboriginal rights under other Acts, including native title and wildlife rights, are unaffected (ss.51(4), 56(2)).
Staff are employed under the Public Sector Act 2022 (s.33), with secondment arrangements possible from Commonwealth, State, or Territory bodies (s.32). Authorised officer appointments and immunities interact with that Act's prescribed person provisions (s.34(4)). Delegation to chief executives and public servants links to public service legislation (s.35(1)).
Regulations may require environmental impact assessments, directly interfacing with environmental assessment laws (s.85(2)(i)). Prohibited acts authorisations may be granted under regulations or "another Act" (s.56(1)(b)), creating overlap with forestry, national parks, or resource statutes. Compensation interacts with Land Court jurisdiction and existing use concepts drawn from planning law (s.54(7)).
The Acts Interpretation Act 1954 supplies the definition of "Aboriginal tradition" (s.10(5) note). Judicial notice and evidentiary rules supplement the Evidence Act framework (s.81). Warrant procedures align with Justices Act 1886 processes for summary and indictable matters (s.82). Budgetary controls reference any State-Commonwealth financial agreement (s.64(5)).
Part 9 validation provisions respond to potential inconsistencies arising from the Environmental Protection and Other Legislation Amendment Act 2023, declaring that management plans have always been able to regulate cooperative agreements in the manner now explicit in s.41(5)-(6) (s.86) and protecting pre-existing agreements from invalidity (s.87). This ensures harmony with the amendments while preserving prior operations.
Overall, the Act operates as a specialised overlay on general land, planning, conservation, and criminal law, using primacy clauses, Ministerial dispute resolution, and savings provisions to minimise conflict while advancing World Heritage objectives.
Recent changes and why
The provided text reflects amendments up to 2023 No. 6. Key recent changes centre on cooperative management agreements and operational efficiency.
The Environmental Protection and Other Legislation Amendment Act 2023 inserted s.41(5)-(7) to expressly empower management plans to impose requirements on entering, content, and application of cooperative management agreements, including permitting agreements to operate inconsistently with plan provisions for parties or land uses (s.41(6)). Part 9 (ss.86-87) validates prior plan provisions and pre-existing agreements, removing doubt about their legality. These changes respond to practical experience that joint management with Aboriginal people and landowners required clearer statutory footing to deliver flexible, place-based outcomes without constant plan amendments. The 2023 amendments also updated cross-references to the Public Sector Act 2022 (multiple sections) and adjusted board reappointment limits (s.17, via 2023 No. 6 s.138).
Earlier, the 2022 amendments (2022 No. 21) modernised governance: updating executive director appointment to reference the Public Sector Act 2022 (s.23), refining board composition and acting arrangements (ss.14, 16, 20-22, 24), removing obsolete chairperson provisions (s.19), and adjusting delegation and reporting clauses. These aligned the Act with contemporary public sector and intergovernmental arrangements post-federalism reforms.
The 2005-2006 amendments relocated definitions to a dictionary (s.4), adjusted board size and qualifications, and refined meeting quorums. The 1995 amendments removed the original compliance offence (s.48) and streamlined plan amendment and compensation processes, reflecting early operational lessons that rigid compliance provisions were unnecessary given the broader prohibition regime.
Changes have been evolutionary rather than revolutionary, driven by the need to strengthen Aboriginal co-management, reduce administrative friction, update machinery provisions for new public sector legislation, and clarify legal uncertainties exposed by implementation. The 2023 validation provisions are declaratory, ensuring continuity rather than altering substantive rights.
Court challenges and controversies
The text does not reference specific reported cases, so analysis is grounded in statutory provisions that have generated or could generate litigation. Compensation claims under ss.54 and 57 have obvious dispute potential before the Land Court, particularly the "existing use" definition, assessment of injurious affection, and whether a restriction mirrors prior law. The requirement to consider land capacity, value/profitability changes, and cooperative agreements (s.54(5)) invites expert evidence and valuation contests.
Prohibited acts prosecutions under s.56 raise questions of authorisation validity, the scope of "forest product," and whether an act falls within the residual prescribed category. The preservation of Aboriginal rights (s.56(2)) may trigger native title or cultural heritage defences. The election between summary and indictable proceedings, coupled with committal conversion rights (s.82), has produced procedural disputes in analogous heritage statutes.
Warrant and entry powers (ss.67-73) invite challenges on reasonableness, particularity, and compliance with remote issuance formalities. Section 73's assumption that unproduced warrants were unauthorised unless proved otherwise places an onus on the prosecution. Obstruction (s.77) and false information (s.79) offences frequently generate "reasonable excuse" arguments, especially self-incrimination claims preserved in ss.70(3) and 75(4).
Ministerial determinations under s.51 on plan/instrument primacy involve mandatory relevant considerations (heritage, biodiversity, public interest including financial) and have been controversial where conservation and resource values collide. The Authority's duty to act "as far as practicable" consistently with Aboriginal tradition and ESD principles (s.10(5)-(6)) while prioritising natural heritage (s.10(4)) creates a justiciable hierarchy that could ground judicial review.
Board appointment fallbacks (s.16(4)) and removal processes with consultation requirements (s.22) could spark ultra vires claims if Ministerial satisfaction of "reasonable opportunity" is challenged. The 2023 validation provisions (ss.86-87) appear designed to pre-empt litigation over the legality of historic cooperative agreements that did not expressly reference plans.
Broader controversies have historically surrounded the World Heritage listing itself and the balance between conservation and economic activities such as logging and tourism. The Act's cooperative agreement framework seeks to mitigate these by enabling tailored, consensual management, yet tensions persist where plans restrict pre-existing uses without adequate compensation or consultation.
Gotchas
Most practitioners miss that management plans can lawfully authorise cooperative agreements to operate inconsistently with the plan itself for nominated parties or land (s.41(6)). This counter-intuitive flexibility, validated retrospectively by s.86, allows pragmatic joint management without perpetual plan variations but requires careful drafting to invoke the exception.
The compensation regimes in ss.54 and 57 contain subtle traps: no compensation if the restriction mirrors a pre-existing law (s.54(2)), or if prior compensation was paid for the same or similar restriction (ss.54(3), 57(3)). "Existing use" is narrowly defined as lawful use immediately before plan commencement that could lawfully be made as of right (s.54(7)), excluding mere expectations. Claims must be lodged within six months—extendable only in "special circumstances"—and the Land Court must consider cooperative agreements, which may reduce or eliminate compensation (s.54(5)(d)).
Authorised officers appointed under s.58(1)(d) (non-government persons) have narrower powers limited to s.74 and prescribed matters (s.59(2)), yet all officers enjoy the same immunity (s.34). Failing to produce an identity card before exercising powers voids the action (s.62). Remote warrant applications require meticulous record-keeping; any deviation from s.73 formalities risks the statutory presumption against validity.
The Authority cannot delegate plan-making or budget powers (s.35(2)), yet may enter cooperative agreements outside plans entirely (s.41(7)). Directors' reappointment is capped at six consecutive years (s.17(2)), a trap for long-serving members. The "as far as practicable" qualifier in s.10(5)-(6) is subordinate to the paramount natural heritage duty in s.10(4), limiting Aboriginal and ESD considerations to residual discretion.
Section 55's prohibition on misleading use of protected names applies even to areas outside the Wet Tropics if likely to cause reasonable belief of inclusion. Prohibited acts extend to attempts (s.56(1)), and the 3,000 penalty unit maximum is one of the highest in Queensland environmental law. Finally, the registrar's mandatory annotation obligation (s.66) creates search certificate risks for conveyancers who overlook Wet Tropics notations.
How to comply
Compliance begins with ascertaining whether land or operations fall within the Wet Tropics Area—consult the official mapping maintained by the Authority and ensure title searches capture s.66 annotations. Land-holders should review the operative management plan(s) (available for inspection under s.47(4)) for zoning, permitted uses, and cooperative agreement requirements before undertaking development, vegetation clearing, or infrastructure works.
Engage early with the Authority to explore cooperative or joint management agreements under s.10(1)(f). These can provide tailored authorisations, financial or technical assistance (s.10(3)), and potential modification of plan rules (s.41(6)). Where an agreement is proposed for plan purposes, ensure it expressly states its status and complies with any plan-imposed content or process requirements to avoid invalidity risks under s.87.
For activities that may constitute prohibited acts (s.56), obtain a regulation-based licence or Governor in Council authority under another Act before commencing. Forestry, road construction, excavation, or forest product destruction without authorisation risks severe penalties and rehabilitation orders (s.83). Businesses must avoid using protected names in marketing without written Authority consent (s.55).
Developers and local governments must ensure proposals align with plans; inconsistent approvals are invalid (s.50). Proponents should commission environmental impact assessments where regulations or plans require them (s.85(2)(i)) and participate in plan review consultations (s.53).
Authority board members and the executive director must rigorously observe conflict disclosure rules (ss.25, 31), meeting quorums (four non-executive directors—s.29), and term limits (s.17). Delegations must exclude non-delegable functions (s.35(2)). Annual reports, budgets, and performance indicators require timely Ministerial submission (ss.63-64).
Authorised officers must carry and produce identity cards, issue warnings before demanding information, and adhere to reasonableness and minimal damage obligations (ss.61-62, 70(3), 76(3)). Records of warrants, seizures, and notices must be impeccable to withstand evidentiary challenges (s.81).
Land-holders anticipating restrictions should document pre-plan existing uses meticulously and lodge compensation claims within six months, supporting them with valuation and capacity evidence. Aboriginal parties should insist on liaison as mandated by s.10(5) and seek representation on advisory committees (s.40).
Organisations should maintain internal compliance systems: regular plan audits, staff training on authorised officer powers, and legal review of any proposed works or promotions. Monitor plan reviews every 10 years (s.53) and amendments. In case of enforcement action, preserve self-incrimination privileges (ss.70(3), 75(4)) and consider whether any "reasonable excuse" applies.
Ultimately, compliance is iterative—engage the Authority proactively, integrate management plan requirements into business or land management plans, document all authorisations, and treat cooperative agreements as the primary mechanism for balancing conservation with sustainable use. Regular liaison with the scientific and community advisory committees (s.40) provides early warning of policy shifts.
The authority—
is a body corporate; and
has a seal; and
may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
sec.9 Authority represents the Crown
sec.9 Authority represents the Crown
The authority represents the Crown.
Without limiting subsection (1) , the authority has all the privileges and immunities of the Crown.
s 9 amd 2001 No. 45 s 29 sch 3
(sec.9-ssec.1) The authority represents the Crown.
(sec.9-ssec.2) Without limiting subsection (1) , the authority has all the privileges and immunities of the Crown.
sec.9A Excluded matter for Corporations legislation
sec.9A Excluded matter for Corporations legislation
The authority is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the following provisions of the Corporations Act —
parts 2D .1 and 2D.6;
chapters 2K and 2L;
parts 5.7 , 5 .7B, 5.9 and 5B.2.
s 9A ins 2001 No. 45 s 29 sch 3
(a) parts 2D .1 and 2D.6;
(b) chapters 2K and 2L;
(c) parts 5.7 , 5 .7B, 5.9 and 5B.2.
sec.10 Authority’s functions
sec.10 Authority’s functions
The authority’s functions are to—
develop and implement policies and programs in relation to the management of the wet tropics area; and
formulate performance indicators for the implementation of policies and programs approved by the State Minister and the Commonwealth Minister; and
advise and make recommendations to the State Minister and the Commonwealth Minister in relation to—
the management of the wet tropics area; and
Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and
prepare, and ensure the implementation of, management plans for the wet tropics area; and
administer funding arrangements in relation to the wet tropics area; and
enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and
enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and
gather, research, analyse and disseminate information on the wet tropics area; and
develop public and community education programs in relation to the wet tropics area; and
promote the wet tropics area locally, nationally and internationally; and
liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and
monitor the state of the wet tropics area; and
advise and report to the State Minister and the Commonwealth Minister on the state of the wet tropics area; and
perform functions incidental to a function under another paragraph of this subsection.
The functions of the authority under subsection (1) to advise, report to and make recommendations to the State Minister and the Commonwealth Minister may be performed by the authority on request or its own initiative.
A cooperative management agreement under subsection (1) (f) may make provision for financial, scientific, technical or other assistance in relation to the management of the wet tropics area.
The authority must perform its functions in a way that is consistent with the protection of the natural heritage values of the wet tropics area.
Subject to subsection (4) , in performing its functions, the authority must, as far as practicable—
have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and
liaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area.
‘Aboriginal tradition’ is defined under the Acts Interpretation Act 1954 . See schedule 1 of that Act.
Subject to subsection (4) , the authority must, as far as practicable, perform its functions in a way that is consistent with the objectives and principles of the National Strategy for Ecologically Sustainable Development.
s 10 amd 2023 No. 6 s 137 ; 2022 No. 21 s 52
(sec.10-ssec.1) The authority’s functions are to— develop and implement policies and programs in relation to the management of the wet tropics area; and formulate performance indicators for the implementation of policies and programs approved by the State Minister and the Commonwealth Minister; and advise and make recommendations to the State Minister and the Commonwealth Minister in relation to— the management of the wet tropics area; and Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and prepare, and ensure the implementation of, management plans for the wet tropics area; and administer funding arrangements in relation to the wet tropics area; and enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and gather, research, analyse and disseminate information on the wet tropics area; and develop public and community education programs in relation to the wet tropics area; and promote the wet tropics area locally, nationally and internationally; and liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and monitor the state of the wet tropics area; and advise and report to the State Minister and the Commonwealth Minister on the state of the wet tropics area; and perform functions incidental to a function under another paragraph of this subsection.
(sec.10-ssec.2) The functions of the authority under subsection (1) to advise, report to and make recommendations to the State Minister and the Commonwealth Minister may be performed by the authority on request or its own initiative.
(sec.10-ssec.3) A cooperative management agreement under subsection (1) (f) may make provision for financial, scientific, technical or other assistance in relation to the management of the wet tropics area.
(sec.10-ssec.4) The authority must perform its functions in a way that is consistent with the protection of the natural heritage values of the wet tropics area.
(sec.10-ssec.5) Subject to subsection (4) , in performing its functions, the authority must, as far as practicable— have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and liaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area. ‘Aboriginal tradition’ is defined under the Acts Interpretation Act 1954 . See schedule 1 of that Act.
(sec.10-ssec.6) Subject to subsection (4) , the authority must, as far as practicable, perform its functions in a way that is consistent with the objectives and principles of the National Strategy for Ecologically Sustainable Development.
(a) develop and implement policies and programs in relation to the management of the wet tropics area; and
(b) formulate performance indicators for the implementation of policies and programs approved by the State Minister and the Commonwealth Minister; and
(c) advise and make recommendations to the State Minister and the Commonwealth Minister in relation to— (i) the management of the wet tropics area; and (ii) Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and
(i) the management of the wet tropics area; and
(ii) Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and
(d) prepare, and ensure the implementation of, management plans for the wet tropics area; and
(e) administer funding arrangements in relation to the wet tropics area; and
(f) enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and
(g) enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and
(h) gather, research, analyse and disseminate information on the wet tropics area; and
(i) develop public and community education programs in relation to the wet tropics area; and
(j) promote the wet tropics area locally, nationally and internationally; and
(k) liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and
(l) monitor the state of the wet tropics area; and
(m) advise and report to the State Minister and the Commonwealth Minister on the state of the wet tropics area; and
(n) perform functions incidental to a function under another paragraph of this subsection.
(i) the management of the wet tropics area; and
(ii) Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and
(a) have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and
(b) liaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area.
sec.11 Authority’s powers
sec.11 Authority’s powers
The authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.
Without limiting subsection (1) , the authority has such powers as are conferred on it by this Act.
Without limiting subsection (1) , the authority has, for or in connection with the performance of its functions, all the powers of an individual, and may, for example—
enter into contracts; and
acquire, hold, dispose of, and deal with, property; and
appoint agents and attorneys; and
charge, and fix terms, for goods, services and information supplied by it; and
engage consultants.
(sec.11-ssec.1) The authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.
(sec.11-ssec.2) Without limiting subsection (1) , the authority has such powers as are conferred on it by this Act.
(sec.11-ssec.3) Without limiting subsection (1) , the authority has, for or in connection with the performance of its functions, all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with, property; and appoint agents and attorneys; and charge, and fix terms, for goods, services and information supplied by it; and engage consultants.
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with, property; and
(c) appoint agents and attorneys; and
(d) charge, and fix terms, for goods, services and information supplied by it; and
(e) engage consultants.
pt.2-div.2 The board of directors
The board of directors
sec.12 The board
sec.12 The board
There is a board of directors of the authority.
sec.13 Role of the board
sec.13 Role of the board
The board is responsible for the way in which the authority performs its functions and exercises its powers.
Without limiting subsection (1) , it is the board’s role—
to decide the objectives, strategies and policies to be followed by the authority; and
to ensure that the authority performs its functions in a proper, effective and efficient way.
(sec.13-ssec.1) The board is responsible for the way in which the authority performs its functions and exercises its powers.
(sec.13-ssec.2) Without limiting subsection (1) , it is the board’s role— to decide the objectives, strategies and policies to be followed by the authority; and to ensure that the authority performs its functions in a proper, effective and efficient way.
(a) to decide the objectives, strategies and policies to be followed by the authority; and
(b) to ensure that the authority performs its functions in a proper, effective and efficient way.
sec.14 Composition of board
sec.14 Composition of board
The board is to consist of the following 7 directors—
the chairperson, appointed on the nomination of the State Minister and the Commonwealth Minister;
1 Aboriginal person appointed on the nomination of the State Minister and the Commonwealth Minister;
2 persons appointed on the nomination of the Commonwealth;
2 persons appointed on the nomination of the State;
the executive director.
The Aboriginal person appointed under subsection (1) (ab) must be particularly concerned with land in the wet tropics area.
For when an aboriginal person is particularly concerned with the land, see section 5 (Aboriginal people particularly concerned with land).
s 14 amd 2006 No. 11 s 112 ; 2022 No. 21 s 53
(sec.14-ssec.1) The board is to consist of the following 7 directors— the chairperson, appointed on the nomination of the State Minister and the Commonwealth Minister; 1 Aboriginal person appointed on the n
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