1 Short title

This Act may be cited as the Nature Conservation (Special Wildlife Reserves) and Other Legislation Amendment Act 2017.

2 Act amended

This part amends the Nature Conservation Act 1992.

3 Amendment of s 5 (How object is to be achieved)

Section 5(c), first dot point—

insert—

(iv) conservation agreements; and

(v) management programs;

4 Amendment of s 14 (Classes of protected areas to which Act applies)

(1) Section 14—insert—

(ga) special wildlife reserves; and

(2) Section 14(ga) to (i)—renumber as section 14(h) to (j).

5 Amendment of s 15 (Management of protected areas)

(1) Section 15(1)(b)—insert—

(iia) a special wildlife reserve—the conservation agreement and management program for the area; or

(2) Section 15(1)(b)(iia) to (iv)—renumber as section 15(1)(b)(iii) to (v).

6 Amendment of s 17 (Management principles of national parks)

Section 17(4), definition
"ecotourism" —

omit.

7 Insertion of new s 21B

Part 4, division 1—

insert—

21B Management principles of special wildlife reserves

(1) A special wildlife reserve is to be managed to—

(a) permanently protect the area’s exceptional natural and cultural resources and values; and

(b) protect the area’s exceptional scientific values; and

(c) present the area’s cultural and natural resources and values; and

(d) ensure the only use of the area is nature-based and ecologically sustainable.

(2) Also, a special wildlife reserve is to be managed to do any of the following stated in the conservation agreement for the reserve—

(a) allow controlled scientific study and monitoring of the area’s natural resources;

(b) provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values;

(c) provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values;

(d) provide for the manipulation of the area’s natural and cultural resources to protect or restore the area’s natural or cultural values;

(e) provide for the manipulation of threatened wildlife’s habitat and the control of threatening processes relating to threatened wildlife, including threatening processes caused by other wildlife.

8 Amendment of s 27 (Prohibition on mining, geothermal activities and GHG storage activities)

(1) Section 27(1)—insert—

(g) a special wildlife reserve.

(2) Section 27(2)(b), ‘or 42AE’—omit, insert—, 42AE, 43F or 43G

(3) Section 27—insert —

(2A) Subsection (1) applies in relation to land in a protected area even if the land is also subject to a tenure on which a mining interest, geothermal tenure or GHG authority could otherwise be granted. Example of land in a protected area—land in a special wildlife reserve that is subject to a lease under the Land Act 1994

(4) Section 27(2A) and (3)—renumber as section 27(3) and (4).

9 Relocation and renumbering of pt 4, div 2, sdiv 4, hdg (Environmental impact statements)

Part 4, division 2, subdivision 4, heading—

relocate and renumber as part 4, division 4A heading.

10 Amendment of s 39A (Application of sdiv 4)

(1) Section 39A, heading, ‘sdiv 4’—omit, insert —division

(2) Section 39A(1)—omit, insert—

(1) This division applies if a person seeks, under section 34, 35, 38, 43F or 43G(1), an interest in relation to land in a protected area.

(3) Section 39A(2), ‘subdivision’—omit, insert—division

11 Relocation and renumbering of ss 39A–39C

Sections 39A to 39C—

relocate and renumber in part 4, division 4A, as inserted by this Act, as sections 53 to 55.

12 Insertion of new pt 4, div 3B

Part 4—

insert —

43K Conservation agreements for special wildlife reserves binding

(1) A conservation agreement for a special wildlife reserve is binding on—

(a) the landholder of the land in the reserve; and

(b) the landholder’s successors in title; and

(c) any other person with an interest in land in the reserve who consented to the agreement.

(2) Subsection (1) applies even if—

(a) there is a lease or reserve under the Land Act 1994 over the land in the special wildlife reserve; and

(b) under the Land Act 1994 —

(i) the lease is renewed or extended; or

(ii) the lease is converted to freehold land or a different type of lease; or

(iii) the reserve is converted to freehold land or a different type of reserve.

43L Consent for transfer or surrender of land or expiry of lease

(1) This section applies if—

(a) a special wildlife reserve is declared over freehold land or land in a lease under the Land Act 1994; and

(b) a person intends, under the Land Act 1994, to do any of the following—

(i) surrender all or part of the freehold land or lease;

(ii) allow the lease to expire at the end of its term;

(iii) transfer the lease.

(2) The person must obtain the chief executive’s written consent—

(a) for the surrender or transfer before seeking approval from the Minister administering the Land Act 1994 to surrender the freehold land or lease, or transfer the lease; or

(b) for the expiry before giving an expiry advice under the Land Act 1994 to the chief executive (lands).

13 Omission of s 50A (Chief executive to lodge with or notify particular matters to chief executive (lands))

Section 50A—

omit.

14 Replacement of s 51 (Conservation agreements and covenants binding)

Section 51—

omit, insert—

51 Conservation agreements and conservation covenants for nature refuges binding

(1) A conservation agreement in relation to the land in a nature refuge is binding on—

(a) the landholder of the land; and

(b) the landholder’s successors in title; and

(c) any other person with an interest in land in the nature refuge to the extent the agreement contains terms to that effect.

(2) A conservation covenant in relation to the land in a nature refuge is binding on persons with an interest in the land to the extent stated in the covenant.

(3) Subsection (1) applies even if—

(a) there is a lease or reserve under the Land Act 1994 over the land in the nature refuge; and

(b) under the Land Act 1994 —

(i) the lease is renewed or extended; or

(ii) the lease is converted to freehold land or a different type of lease; or

(iii) the reserve is converted to freehold land or a different type of reserve.

15 Omission of s 52 (Liability of State)

Section 52—

omit.

16 Amendment of s 62 (Restriction on taking etc. of cultural and natural resources of protected areas)

(1) Section 62(1)(b), ‘or covenant’—omit, insert—, conservation covenant or management program

(2) Section 62(1)(c)(i), ‘sections 34 to 38’—omit, insert—a prescribed provision

(3) Section 62(7)—insert—

"prescribed provision" means section 34, 35, 35A, 36, 37, 38, 42AD, 42AE, 42AEA, 42AN, 42AO, 42AOA, 42AP, 43F or 43H.

17 Amendment of s 65 (Effect of change in class of protected area)

Section 65(2)(a), ‘and 33’—

omit, insert—

, 33 and 43J

18 Insertion of new s 68A

Part 4, division 6—

insert —

68A Liability of State

(1) The State is not legally liable for an act or omission on, or in relation to, private land merely because—

(a) a conservation agreement has been entered into for the land; or

(b) the land has been declared as, or as part of, a special wildlife reserve, nature refuge or coordinated conservation area.

(2) In this section—

"private land" means land other than State land.

19 Amendment of s 69 (Preservation of landholders’ interests)

Section 69(2)—

omit, insert —

(2) Subsection (1) does not apply to the extent—

(a) the landholder is bound by a conservation agreement or conservation covenant in relation to the land; or

(b) of a regulation giving effect to a management plan for the protected area.

(3) Subsection (1) is subject to section 43L.

20 Amendment of s 70AA (Regulations may define extent of area)

(1) Section 70AA(1), from ‘section 29(1)’—omit, insert —a prescribed provision.

(2) Section 70AA—insert—

(3) In this section—

"prescribed provision" means section 29(1), 41(5), 42(5), 42AB(2), 42AC(2), 42AI(2), 42AJ(2), 43D or 46(1).

21 Amendment of pt 7, hdg (Management statements, management plans and conservation plans)

Part 7, heading, after ‘management plans’—

insert—

, management programs

22 Omission of pt 7, div 1 (Preliminary)

Part 7, division 1—

omit.

23 Amendment of s 114, hdg (Application of div 4)

Section 114, heading, ‘div 4’—

omit, insert—

division

24 Amendment of s 115A (Notice of draft plan)

Section 115A—

insert—

(6) In this section—

"landholder" includes a person having an interest in land.

25 Insertion of new pt 7, div 6A

Part 7—

insert—

120ED When management program has effect A management program for a special wildlife reserve has effect when the reserve is declared under this Act.

120EE Implementation of management program The landholder of land in a special wildlife reserve must give effect to the management program for the reserve.

120EF Amendment of management program

(1) The landholder of land in a special wildlife reserve may, at any time, prepare an amended management program for the reserve for approval by the chief executive.

(2) Section 120EC applies to the amended management program as if—

(a) a reference to the Minister were a reference to the chief executive; and

(b) a reference to a management program were a reference to the amended management program.

(3) An amended management program for a special wildlife reserve has effect when it is approved by the chief executive.

26 Renumbering of pt 7, divs 2–6A

Part 7, divisions 2 to 6A—

renumber as part 7, divisions 1 to 6.

27 Amendment of pt 7, div 7, hdg (Reviewing management statements and management plans)

Part 7, division 7, heading, ‘and management plans’—

omit, insert —

, management plans and management programs

28 Insertion of new s 120GA

Part 7, division 7—

insert—

120GA Review of management program

(1) The chief executive and the landholder of land in a special wildlife reserve must jointly review the management program for the reserve—

(a) no later than 5 years after the program first takes effect (the
"first review"); and

(b) subsequently, at intervals of not more than 5 years after the first review.

(2) Subsection (1) applies even if the management program has been amended in the period before the review is required.

(3) On completing a review under subsection (1), the chief executive and landholder may agree—

(a) that the landholder will prepare an amended management program under section 120EF; or

(b) to leave the management program unchanged.

29 Replacement of s 134 (Records to be maintained by registrar)

Section 134—

omit, insert—

134 Records to be kept by registrar

(1) Subsections (2) to (4) apply in relation to the following instruments—

(a) a conservation agreement, including an amended conservation agreement;

(b) a regulation or conservation plan identifying an area as, or including—

(i) a critical habitat; or

(ii) an area of major interest;

(c) a regulation declaring a protected area.

(2) The chief executive must, within 14 days after the instrument is made, give the registrar a compliant document for the instrument.

(3) The registrar must record the information in the compliant document about the instrument, and the land to which it relates, in the appropriate register for the land in a way that a search of the register will show the existence of the instrument in relation to the land.

(4) The record must also state where the instrument may be inspected.

(5) Subsections (6) and (7) apply in relation to the following actions—

(a) the ending of a conservation agreement;

(b) the removal of an area as, or including, a critical habitat or an area of major interest from a regulation or conservation plan;

(c) the revocation of a protected area, in whole or part.

(6) The chief executive must, within 14 days after the action happens, give the registrar a compliant document for the action.

(7) The registrar must record the happening of the action in the appropriate register for the land.

(8) In this section—

"appropriate register" means—

(a) for freehold land—the freehold land register; or

(b) for other land—the appropriate register under the Land Act 1994.

"compliant document", for an instrument or action, means a document stating the information about the instrument or action, and the land to which it applies, required by the registrar for recording the information in the appropriate register for the land.

"registrar" means—

(a) for an instrument or action relating to freehold land—the registrar of titles; or

(b) for an instrument or action relating to other land—the chief executive (lands).

30 Amendment of s 137 (Licences to be consistent with management principles, and management intent or plan)

(1) Section 137, heading, from ‘principles,’—omit, insert—principles, and management intent, management plan or conservation agreement

(2) Section 137�(1)(b)—omit, insert—

(b) any of the following for the area—

(i) the interim or declared management intent;

(ii) a management plan;

(iii) a conservation agreement.

31 Amendment of s 141 (Delegation by chief executive)

Section 141(3), definition
"prescribed provision", from ‘42AO’—

omit, insert—

42AN, 42AO, 42AOA, 42AP, 42A, 43F, 43G, 43H or 136.

32 Amendment of s 154 (Other powers of conservation officers)

(1) Section 154(1)(a)(i), before ‘protected’—insert—protected areas,

(2) Section 154(1)(a)—insert—

(iii) investigating or monitoring compliance with a conservation agreement for a protected area;

33 Amendment of s 174 (Application of Statutory Instruments Act)

Section 174(1)—

insert—

• section 43J(1)

34 Insertion of new s 174C

Part 11—

insert—

174C No fee for instrument, information or notice

(1) This section applies if the chief executive is required, under this Act, to do any of the following—

(a) give an instrument to, or lodge an instrument with, the registrar of titles or the chief executive (lands);

(b) give information in relation to an instrument to the registrar of titles or the chief executive (lands);

(c) give notice, under section 134, about an action to the registrar of titles or the chief executive (lands).

(2) No fee is payable by the chief executive under this Act in relation to the instrument, information or notice.

35 Amendment of s 175 (Regulation-making power)

Section 175(2)(h), ‘aircraft property’—

omit, insert—

aircraft, property

36 Amendment of schedule (Dictionary)

(1) Schedule, definition
"conservation agreement" —omit.

(2) Schedule—insert—

"conservation agreement" means—

(a) for a special wildlife reserve—a conservation agreement entered into under section 43B or amended under section 43E; or

(b) for a nature refuge—a conservation agreement entered into under section 45 or 48; or

(c) for a coordinated conservation area—a conservation agreement entered into under—

(i) section 45 as in force before the commencement of the Nature Conservation and Other Legislation Amendment Act (No. 2) 2013, section 43; or

(ii) section 48.

"ecotourism" means tourism that is ecologically sustainable and primarily focused on experiencing an area in a way that fosters understanding, appreciation and conservation of the area and its natural and cultural values.

"management program", for a special wildlife reserve, means a management program or amended management program approved under part 7, division 6.

"proposed reserve area", for part 4, division 3B, see section 43A(3).

"special wildlife reserve" means an area declared under this Act as a special wildlife reserve.

(3) Schedule, definition
"existing service facility" —insert—

(d) for land in a special wildlife reserve—a service facility in existence on the land immediately before the land was declared as a special wildlife reserve.

37 Act amended

This part amends the Biodiscovery Act 2004.

38 Amendment of s 24 (Collection authority concerning land dedicated as new national park or declared as marine park)

(1) Section 24, heading, from ‘dedicated’—omit, insert —in new national park, special wildlife reserve or marine park

(2) Section 24(1)—omit, insert —

(1) This section applies if—

(a) land is dedicated as a national park or national park (scientific), or declared a special wildlife reserve, under the Nature Conservation Act 1992; and

(b) immediately before the dedication or declaration, a person held a collection authority that is inconsistent with the management principles under the Nature Conservation Act 1992 for the park or reserve.

39 Act amended

This part amends the Environmental Offsets Act 2014.

40 Amendment of s 7 (What is an offset condition and an environmental offset)

Section 7(3), before ‘nature refuge’—

insert—

special wildlife reserve or

41 Amendment of s 18 (Electing how to deliver environmental offset)

(1) Section 18(1)—omit, insert—

(1) This section applies if—

(a) under another Act, an offset condition has been, or may be, imposed on an authority; and

(b) the condition relates to the significant residual impact of a prescribed activity on a prescribed environmental matter.

(2) Section 18(2), after ‘administering agency’—insert—for the offset condition

42 Insertion of new pt 6, div 7

Part 6—

insert —

43 Amendment of s 29 (What is a legally secured offset area)

Section 29(2)(a), after ‘29(1)’—

insert—

, 43D

44 Amendment of s 86 (Payment of amounts from offset account)

Section 86(3)(b), before ‘nature refuge’—

insert—

special wildlife reserve or

45 Amendment of sch 2 (Dictionary)

(1) Schedule 2, definition
"administering agency" —omit.

(2) Schedule 2—insert—

"administering agency" —

(a) means—

(i) in relation to an offset condition for a development approval for assessable development under the Planning Act—

(A) if, under that Act, a referral agency may direct, or has directed, the assessment manager for the application for the development approval to impose the offset condition—the referral agency; or

(B) if the planning chief executive has, under the Planning Act, schedule 2, definition
"enforcement authority", paragraph (a)(iii), nominated a person as an enforcement authority for the assessable development—the person; or

(C) otherwise—the assessment manager for the application for the development approval; or

(ii) in relation to an authority under any other Act—an entity that, under another Act, performs a function in relation to—

(A) the grant of an authority for a prescribed activity; or

(B) enforcing compliance with the conditions of an authority for a prescribed activity, or otherwise administering the authority; or

(iii) for part 7—an administering agency mentioned in section 26(1)(a) or (b); and

(b) includes, for part 6 in relation to a development approval, a person nominated by the planning chief executive under section 25AA(2) for the development approval.

"planning chief executive" means the chief executive of the department in which the Planning Act is administered.

"special wildlife reserve" see the Nature Conservation Act 1992, schedule.

(3) Schedule 2, definition
"impose", paragraph (b), ‘tell’—omit, insert—direct

46 Act amended

This part amends the Environmental Protection Act 1994.

47 Amendment of s 19 (Environmentally relevant activity may be prescribed)

(1) Section 19—insert—

(1A) A regulation may prescribe an activity carried out partly within the State and partly outside the State, but within the Great Barrier Reef Marine Park, as an environmentally relevant activity if the Governor in Council is satisfied—

(a) about the matters mentioned in subsection (1)(a) and (b); or

(b) the activity will or may otherwise adversely affect an environmental value of the marine environment.

(2) Section 19(2), after ‘subsection (1)’—insert—or (1A)

(3) Section 19—insert—

(3) In this section—

"Great Barrier Reef Marine Park" means the Great Barrier Reef Marine Park under the Great Barrier Reef Marine Park Act 1975 (Cwlth).

48 Act amended

This part amends the Forestry Act 1959.

49 Amendment of sch 3 (Dictionary)

Schedule 3, definition
"protected area" —

insert—

(h) a special wildlife reserve.

50 Act amended

This part amends the Fossicking Act 1994.

51 Amendment of s 3 (Definitions)

Section 3, definition
"protected area", paragraph (a)—

insert—

(vii) a special wildlife reserve; or

52 Act amended

This part amends the Land Act 1994.

53 Amendment of s 199 (Duty of care condition)

Section 199—

insert—

(3) However, if the lease land is also a special wildlife reserve or nature refuge under the Nature Conservation Act 1992, the lessee’s duty of care does not include, or no longer includes, the requirements mentioned in subsection (2)(e) and (f).

54 Amendment of s 199A (Land may be used only for tenure’s purpose)

Section 199A(4)—

omit, insert—

(4) Despite subsections (2) and (3), lease land may be used—

(a) under an approved agreement for an indigenous cultural interest for the lease land; or

(b) for lease land that is also a special wildlife reserve or nature refuge under the Nature Conservation Act 1992 —in a way permitted under that Act for the special wildlife reserve or nature refuge.

55 Amendment of s 279A (Registration of documents lodged or matters notified under particular Acts)

Section 279A—

insert—

(3) If a conservation agreement is recorded in the land registry in relation to land, the agreement is taken to be—

(a) for sections 162(5), 164F(2)(d), 172(5), 176G(2) and 176S(2)—a relevant registered interest; or

(b) for sections 176(2)(c), 176K(3)(c), 240K(1), 240L(9), 325(1)(b), 327C(2) and 360D(2)—a registered interest.

56 Amendment of s 290J (Requirements for registration of plan of subdivision)

Section 290J(1)(l)—

insert—

(iv) if the land the subject of the plan of subdivision is the subject of a conservation agreement—the chief executive of the department in which the Nature Conservation Act 1992 is administered; and

57 Amendment of sch 6 (Dictionary)

(1) Schedule 6, definition
"appropriate register", paragraph (d), ‘specified protected areas’—omit, insert—protected areas, critical habitat, or areas of major interest, under the Nature Conservation Act 1992

(2) Schedule 6, definition
"nature conservation area" —insert—

(e) a special wildlife reserve.

58 Act amended

This part amends the Land Title Act 1994.

59 Amendment of s 50 (Requirements for registration of plan of subdivision)

Section 50(1)—

insert—

(k) if the plan affects land subject of a conservation agreement under the Nature Conservation Act 1992 —be consented to, in writing, by the chief executive of the department in which that Act is administered.

60 Act amended

This part amends the Mineral Resources Act 1989.

61 Amendment of sch 2 (Dictionary)

Schedule 2, definition
"protected area" —

insert—

(f) a special wildlife reserve.

62 Act amended

This part amends the Vegetation Management Act 1999.

63 Amendment of s 7 (Application of Act)

Section 7(1)(b)—

insert—

(viii) a special wildlife reserve; or

© State of Queensland 2017