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This is a Bill, not an Act. For current law, see the Acts databases.


RECREATION AREAS MANAGEMENT BILL 2005

          Queensland



Recreation Areas
Management Bill 2005

 


 

 

Queensland Recreation Areas Management Bill 2005 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 2 Recreation areas Division 1 Establishing recreation areas 6 Agreement for inclusion of land in recreation area . . . . . . . . . . . . 13 7 Declaration of recreation area . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 2 Amalgamating, dividing and revoking recreation areas 8 Amalgamating or dividing recreation areas . . . . . . . . . . . . . . . . . 14 9 Revoking recreation areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 3 Recreation area agreements 10 Recording particulars of agreements . . . . . . . . . . . . . . . . . . . . . . 15 11 Agreements attach to land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Amending or cancelling agreements . . . . . . . . . . . . . . . . . . . . . . 16 13 Recording amendment or cancellation of agreement. . . . . . . . . . 17 Division 4 Effect of declaration on land-holders and native title rights 14 Rights and obligations of area land-holders not affected . . . . . . . 17 15 Rights and obligations of interest holders not affected. . . . . . . . . 17 16 Native title rights and interests not affected . . . . . . . . . . . . . . . . . 18 17 Effect of declaration of recreation area on mining interests . . . . . 18 Part 3 Management plans Division 1 Preparing and approving management plans 18 Preparing draft management plan . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Public notice of draft management plan . . . . . . . . . . . . . . . . . . . . 19

 


 

2 Recreation Areas Management Bill 2005 20 Content of draft management plan . . . . . . . . . . . . . . . . . . . . . . . . 20 21 Minister to prepare final management plan . . . . . . . . . . . . . . . . . 21 22 Approval of final management plan . . . . . . . . . . . . . . . . . . . . . . . 21 23 When approved management plan has effect . . . . . . . . . . . . . . . 21 24 Effect of management plan if there is an amalgamation or division ...................................... 21 Division 2 Amending and reviewing management plans 25 Preparing draft amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 26 Public notice of draft amendment . . . . . . . . . . . . . . . . . . . . . . . . . 22 27 Exceptions from ss 25 and 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 28 Preparing final amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 29 Approval of amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 30 When approved amendment has effect . . . . . . . . . . . . . . . . . . . . 24 31 Reviewing management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 3 Other matters about management plans 32 Public access to approved management plans . . . . . . . . . . . . . . 25 33 Chief executive may enter into cooperative arrangement for approved management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Part 4 Access to, and permits for, recreation areas Division 1 Activities permitted 34 Types of permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 35 Terms of permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 2 Camping permits 36 How to obtain a camping permit. . . . . . . . . . . . . . . . . . . . . . . . . . 27 37 When a camping permit granted . . . . . . . . . . . . . . . . . . . . . . . . . 28 38 Extent to which camping permit granted . . . . . . . . . . . . . . . . . . . 29 39 Conditions of camping permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 40 Camping permit taken to be authorisation under other Acts . . . . 30 Division 3 Vehicle access permits 41 How to obtain a vehicle access permit . . . . . . . . . . . . . . . . . . . . . 30 42 When a vehicle access permit granted . . . . . . . . . . . . . . . . . . . . 30 43 Extent to which vehicle access permit granted . . . . . . . . . . . . . . 31 44 Vehicle access permit taken to be authorisation under Forestry Act 1959 .................................. 31 Division 4 Group activity permits 45 How to obtain a group activity permit . . . . . . . . . . . . . . . . . . . . . . 31 46 Requirements for grant of application for group activity permit . . 32 47 When a group activity permit granted. . . . . . . . . . . . . . . . . . . . . . 32

 


 

3 Recreation Areas Management Bill 2005 48 Group activity permit taken to be authorisation under other Acts. 32 Division 5 Commercial activity permits 49 How to obtain a commercial activity permit . . . . . . . . . . . . . . . . . 32 50 Requirements for holding commercial activity permit . . . . . . . . . . 33 51 Chief executive may request public notice of application for commercial activity permit ............................ 34 52 Deciding application for commercial activity permit . . . . . . . . . . . 34 53 Additional matters to be considered under s 52 . . . . . . . . . . . . . . 35 54 Existing commercial activity permit taken to be in force while new application is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 55 Commercial activity permit taken to be authorisation under other Acts ....................................... 38 Division 6 General provisions about permits 56 Chief executive's power to require further information about permit application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 57 Amending permit application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 58 Deciding permit application (other than commercial activity permit) ....................................... 39 59 Steps to be taken after permit application decided (other than commercial activity permit). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 60 Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 61 Minor amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 62 Amendments by application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 63 Other amendments (other than immediately) . . . . . . . . . . . . . . . . 43 64 Immediate amendment or suspension of permits for safety or conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 65 Cancelling a permit or suspending a permit (other than immediately) ..................................... 46 66 Surrendering permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 67 Replacing permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 68 Permits and approvals not transferable . . . . . . . . . . . . . . . . . . . . 48 Part 5 Commercial activity agreements for recreation areas Division 1 Preliminary 69 Chief executive may enter into commercial activity agreement . . 49 70 Restrictions on entering into commercial activity agreement . . . . 49 71 Content of commercial activity agreements . . . . . . . . . . . . . . . . . 50 72 Mandatory conditions of commercial activity agreements . . . . . . 50 Division 2 Expression of interest process 73 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51

 


 

4 Recreation Areas Management Bill 2005 74 Invitation for submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 75 Requirements for submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 76 Requirements for process of deciding . . . . . . . . . . . . . . . . . . . . . 53 77 Chief executive may request further information . . . . . . . . . . . . . 53 78 Amending the submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 79 Notice to unsuccessful submitters . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 3 Application process 80 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 81 Applying for commercial activity agreement . . . . . . . . . . . . . . . . . 54 82 Matters to be considered for application. . . . . . . . . . . . . . . . . . . . 54 83 Chief executive may request further information . . . . . . . . . . . . . 54 84 Amending the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 85 Application of s 51 to commercial activity agreements. . . . . . . . . 55 86 Negotiating application for commercial activity agreement . . . . . 55 87 Steps to be taken after application decided . . . . . . . . . . . . . . . . . 56 Division 4 Requirements applying to and nature of agreements 88 Term and review of commercial activity agreements . . . . . . . . . . 56 89 Nature of commercial activity agreements . . . . . . . . . . . . . . . . . . 56 Division 5 Amendment, termination and suspension of agreement by chief executive 90 Immediate amendment or suspension of commercial activity agreements for safety or conservation . . . . . . . . . . . . . . . . . . . . 57 91 Amending commercial activity agreements (other than immediately) .................................... 58 92 Cancelling commercial activity agreements or suspending authorisations under agreements (other than immediately) . . . . 59 93 Process for cancelling or suspending under s 92. . . . . . . . . . . . . 60 Division 6 Transfer of authorisations under commercial activity agreements 94 Application to transfer authorisation under commercial activity agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 95 Approval or non approval of transfer . . . . . . . . . . . . . . . . . . . . . . 62 96 Giving effect to transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 7 General provisions about commercial activity agreements 97 Declaration of prescribed commercial activity . . . . . . . . . . . . . . . 63 98 Commercial activity agreement taken to be authorisation under other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

 


 

5 Recreation Areas Management Bill 2005 Part 6 Regulatory and other notices and restricted access areas Division 1 Regulatory and other notices 99 Regulatory notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 100 Regulatory information notices. . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Division 2 Restricted access areas 101 Immediate declaration of restricted access area . . . . . . . . . . . . . 66 102 Declaration of restricted access area (other than immediately) . . 67 103 Consultation with stakeholders about declarations (other than immediately) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 104 When declarations end. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Division 3 Effect of notices 105 Restricted access area notices and regulatory notices prevail over permits, agreements, or authorities . . . . . . . . . . . . . . . . . . 70 Part 7 Offences Division 1 Access to, using and conduct in recreation areas 106 Unlawfully entering restricted access area. . . . . . . . . . . . . . . . . . 70 107 Failing to comply with particular regulatory notices . . . . . . . . . . . 71 108 Unlawful camping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 109 Unlawful use of motor vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . 71 110 Unlawful conduct of group activity . . . . . . . . . . . . . . . . . . . . . . . . 72 111 Unlawfully conducting commercial activity . . . . . . . . . . . . . . . . . . 72 112 Compliance with recreation management conditions. . . . . . . . . . 73 113 Unauthorised interference with cultural or natural resources . . . . 73 114 Unauthorised structures and works . . . . . . . . . . . . . . . . . . . . . . . 73 Division 2 Fires 115 Unlawful lighting of fires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 116 Unattended fires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 117 Unauthorised things relating to fires. . . . . . . . . . . . . . . . . . . . . . . 75 Division 3 Animals and plants 118 Unauthorised feeding of animals . . . . . . . . . . . . . . . . . . . . . . . . . 76 119 Unauthorised disturbance of animals . . . . . . . . . . . . . . . . . . . . . . 77 120 Food to be kept from animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 121 Restriction on animals in recreation area . . . . . . . . . . . . . . . . . . . 78 122 Taking into and keeping of dogs in recreation areas . . . . . . . . . . 78 123 Unlawfully bringing plants into recreation areas. . . . . . . . . . . . . . 79 Division 4 Pollution and waste 124 Polluting and misusing water . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

 


 

6 Recreation Areas Management Bill 2005 125 Unlawful disposal of offensive or harmful substances . . . . . . . . . 80 126 Dumping or abandoning vehicles or vessels . . . . . . . . . . . . . . . . 81 127 Dumping or abandoning waste material. . . . . . . . . . . . . . . . . . . . 81 Division 5 Other conduct 128 Unauthorised use of generators, compressors or motors . . . . . . 81 129 Disturbance by radio, tape recorder or sound system . . . . . . . . . 81 130 Unlawful possession or use of weapons, explosives or traps. . . . 81 131 Unauthorised use of recreational craft . . . . . . . . . . . . . . . . . . . . . 82 132 Unauthorised landing of aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . 83 133 General misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 134 False or misleading information given by applicant . . . . . . . . . . . 84 135 False or misleading documents given by applicant . . . . . . . . . . . 84 136 Fraudulent claims for replacement permit . . . . . . . . . . . . . . . . . . 85 137 Permit or corresponding authority must be available for inspection .................................... 85 138 Written approval must be available for inspection . . . . . . . . . . . . 85 139 Commercial activity agreement must be available for inspection . 86 140 Failing to comply with conditions of permit or authority . . . . . . . . 86 141 Requirement to notify chief executive of particular changes . . . . 86 Division 6 Demerit points for offences 142 Demerit points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Part 8 Investigation and enforcement Division 1 Authorised officers 143 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 88 144 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 88 145 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 146 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 89 147 When authorised officer ceases to hold office . . . . . . . . . . . . . . . 89 148 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 149 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Division 2 Powers of authorised officers Subdivision 1 Entry to places 150 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Subdivision 2 Procedure for entry 151 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 152 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 153 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

 


 

7 Recreation Areas Management Bill 2005 154 Application by electronic communication and duplicate warrant . 93 155 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 156 Warrants procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . 96 Subdivision 3 Powers after entry 157 General powers after entering places . . . . . . . . . . . . . . . . . . . . . 96 158 Power to require reasonable help or information . . . . . . . . . . . . . 97 Subdivision 4 Other powers 159 Power to give direction to leave camping site for protection, safety or minimising disturbance . . . . . . . . . . . . . . . . . . . . . . . . . 98 160 Power to give direction to leave camping site for person camping at same site for long periods . . . . . . . . . . . . . . . . . . . . . 98 161 Power to give direction about fires . . . . . . . . . . . . . . . . . . . . . . . . 99 162 Power to give direction about dogs. . . . . . . . . . . . . . . . . . . . . . . . 100 163 Power to stop persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 164 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . 101 165 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . 101 166 Power to require information about contravention . . . . . . . . . . . . 101 167 Power to give direction to leave recreation area. . . . . . . . . . . . . . 102 168 Power to stop and search vehicle, vessel, aircraft or recreational craft .................................. 103 169 Power to require driver or person in control of vehicle, vessel, aircraft or recreational craft to give reasonable help . . . . . . . . . 104 170 Power to give direction about vehicle, vessel, aircraft or recreational craft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Subdivision 5 Power to seize evidence 171 Seizing evidence at a place entered under s 150. . . . . . . . . . . . . 106 172 Seizing evidence on or in vehicle, vessel, aircraft or recreational craft entered or boarded under s 168 . . . . . . . . . . . . . . . . . . . . 106 173 Powers in support of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 174 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 175 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 176 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 177 Authorised officer may dispose of natural resources unlawfully taken ........................................... 109 178 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 179 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 180 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 181 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

 


 

8 Recreation Areas Management Bill 2005 Division 3 Dealing with abandoned property and unauthorised structures and works 182 Abandoned property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 183 Removal of unauthorised structures and works . . . . . . . . . . . . . . 112 184 Application of ss 174 to 176 to seized property, structures or works ........................................ 113 185 Notice of seizure for property, structures, works or things with market value of more than $500 . . . . . . . . . . . . . . . . . . . . . . . . 113 186 Release of seized property, structures, works or things . . . . . . . . 114 187 Procedure if seized property, structures, works or things are not claimed or are of little value . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 188 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Division 4 General enforcement matters 189 Authorised officer's obligation not to cause unnecessary damage 116 190 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 191 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 192 False or misleading information given to authorised officer ... 117 193 False or misleading documents given to authorised officer . . . . 118 194 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 118 195 Impersonating an authorised officer . . . . . . . . . . . . . . . . . . . . . . . 118 Part 9 Legal proceedings Division 1 Evidence 196 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 197 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 198 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 199 Evidentiary matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Division 2 Offence proceedings 200 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 121 201 Allegations of false or misleading information or documents . . . . 121 202 Responsibility for acts or omissions of representatives . . . . . . . . 121 203 Executive officers responsible for ensuring corporation complies with Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 204 Holder of authority responsible for ensuring Act complied with . . 123 205 Responsibility for offences committed with use of vehicle, vessel, aircraft or recreational craft . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Division 3 Internal reviews 206 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . 125 207 Applying for an internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 208 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126

 


 

9 Recreation Areas Management Bill 2005 209 Stay of operation of appellable decision. . . . . . . . . . . . . . . . . . . . 126 Division 4 Appeals 210 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 211 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 212 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 213 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 214 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 215 Appeals from Magistrate Court's decision . . . . . . . . . . . . . . . . . . 129 Part 10 Miscellaneous Division 1 Camping notices and tags 216 E-permit camping areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 217 Camping tag must be available . . . . . . . . . . . . . . . . . . . . . . . . . . 130 218 Self-registration camping areas . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Division 2 Records and information 219 Records and other information to be kept . . . . . . . . . . . . . . . . . . 131 220 Interfering with record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 221 Notice of damage to, or loss or destruction of, record . . . . . . . . . 132 222 Requirement to produce or surrender record . . . . . . . . . . . . . . . . 132 223 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Division 3 Other miscellaneous provisions 224 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 225 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 226 Chief executive's power to carry out works . . . . . . . . . . . . . . . . . 134 227 Liability of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 228 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 135 229 Immunity from prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 230 Recreation areas management fund . . . . . . . . . . . . . . . . . . . . . . 136 231 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 232 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Part 11 Transitional provisions 233 Dissolution of Queensland Recreation Areas Management Authority ...................................... 137 234 Dissolution of Queensland Recreation Areas Management Board 138 235 Existing recreation areas continue . . . . . . . . . . . . . . . . . . . . . . . . 138 236 Existing consents and agreements about the inclusion of land in recreation areas continue . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 237 Existing management plans continue. . . . . . . . . . . . . . . . . . . . . . 138

 


 

10 Recreation Areas Management Bill 2005 238 Management plans being prepared . . . . . . . . . . . . . . . . . . . . . . . 139 239 Existing permits, approvals and agreements continue . . . . . . . . . 139 240 Existing applications for permits, approvals and agreements continue ........................................ 140 241 Existing directions, requirements, notices and decisions continue 141 242 Existing authorised officers continue . . . . . . . . . . . . . . . . . . . . . . 141 243 Existing legal proceedings continue . . . . . . . . . . . . . . . . . . . . . . . 141 244 Existing advisory committee continues . . . . . . . . . . . . . . . . . . . . 142 245 References to Recreation Areas Management Act 1988 . . . . . . . 142 246 References to Queensland Recreation Areas Management Authority ...................................... 142 247 References to Queensland Recreation Areas Management Board ........................................ 142 248 References to Queensland Recreation Areas Management Board Fund ....................................... 142 249 Application of particular sections . . . . . . . . . . . . . . . . . . . . . . . . . 142 250 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 143 Part 12 Repeal and consequential amendments 251 Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 252 Amendment of Mineral Resources Act 1989 . . . . . . . . . . . . . . . . 144 253 Amendment of Police Powers and Responsibilities Act 2000 . . . 144 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Schedule

 


 

2005 A BILL for An Act for the establishment, management and use of recreation areas, and for other purposes

 


 

s1 12 s4 Recreation Areas Management Bill 2005 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Recreation Areas Management 4 Act 2005. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 3 Definitions 8 The dictionary in the schedule defines particular words used 9 in this Act. 10 4 Purpose of Act 11 (1) The main purpose of this Act is-- 12 (a) the establishment, maintenance and use of recreation 13 areas; and 14 (b) to provide, coordinate, integrate and improve 15 recreational planning, recreational facilities and 16 recreational management for recreation areas, having 17 regard to-- 18 (i) the conservation, cultural, educational, production 19 and recreational values of the areas; and 20 (ii) the interests of area land-holders. 21 (2) The purpose is to be achieved mainly by-- 22 (a) providing for the declaration, planning and management 23 of recreation areas, as far as practicable, in consultation 24 with, and having regard to the views and interests of, 25 area land-holders and other interested groups and 26

 


 

s5 13 s6 Recreation Areas Management Bill 2005 persons, including relevant Aboriginal and Torres Strait 1 Islander entities for the area; and 2 (b) recognising the rights and obligations of area 3 land-holders; and 4 (c) ensuring the management of, and activities permitted in, 5 a recreation area are not incompatible with the tenure of 6 all land in the recreation area; and 7 (d) providing for access to recreation areas, including the 8 use of recreation areas and facilities and services for 9 recreation; and 10 (e) providing for the payment of fees and charges for the 11 use of recreation areas and facilities and services for 12 recreation; and 13 (f) publishing information about recreation areas and 14 facilities and services for recreation; and 15 (g) enforcing compliance with this Act. 16 5 Act binds all persons 17 (1) This Act binds all persons, including the State, and, as far as 18 the legislative power of the Parliament permits, the 19 Commonwealth and the other States. 20 (2) This Act does not make the Commonwealth, the State or 21 another State liable to be prosecuted for an offence. 22 Part 2 Recreation areas 23 Division 1 Establishing recreation areas 24 6 Agreement for inclusion of land in recreation area 25 (1) Any land may be included in a recreation area. 26 (2) However, land other than State land can not be included in a 27 recreation area unless the land-holder enters into a written 28

 


 

s7 14 s8 Recreation Areas Management Bill 2005 agreement (a recreation area agreement) with the State for its 1 inclusion. 2 (3) A recreation area agreement must-- 3 (a) include any conditions of the inclusion; and 4 (b) be consistent with this Act; and 5 (c) not be incompatible with the tenure of the land and any 6 conditions of the tenure; and 7 (d) in relation to land subject to an exclusive possession 8 determination--be in the form of an indigenous land use 9 agreement under the Native Title Act 1993 (Cwlth). 10 (4) In this section-- 11 land-holder means a person who would be an area 12 land-holder if the land were included in a recreation area. 13 7 Declaration of recreation area 14 (1) Subject to section 6, a regulation may declare an area to be a 15 recreation area. 16 (2) The regulation must-- 17 (a) describe the land included in the recreation area; and 18 (b) give a name to the recreation area; and 19 (c) state the management intent for the recreation area. 20 Division 2 Amalgamating, dividing and 21 revoking recreation areas 22 8 Amalgamating or dividing recreation areas 23 (1) A regulation may-- 24 (a) amalgamate recreation areas and give a name to the 25 amalgamated area; or 26 (b) divide a recreation area into 2 or more recreation areas 27 and give a name to each of the areas. 28

 


 

s9 15 s 11 Recreation Areas Management Bill 2005 (2) The regulation must also describe the land included in each 1 resulting recreation area. 2 (3) A recreation area agreement for land in the area amalgamated 3 or divided still has effect for the land to which it relates. 4 9 Revoking recreation areas 5 A regulation may revoke all or part of the declaration of a 6 recreation area, whether or not an area land-holder asks for 7 the revocation. 8 Division 3 Recreation area agreements 9 10 Recording particulars of agreements 10 (1) As soon as practicable after entering into a recreation area 11 agreement, the chief executive must give notice of the 12 agreement to-- 13 (a) if the agreement relates to freehold land--the registrar 14 of titles; or 15 (b) if the agreement relates to a lease or licence, or is a 16 reserve, under the Land Act 1994--the chief executive 17 administering that Act. 18 (2) The person to whom the notice is given must record details of 19 the notice in a way that a search of the relevant register will 20 show the existence of the agreement. 21 11 Agreements attach to land 22 (1) A recreation area agreement, notice of which is recorded 23 under section 10, attaches to the land and binds-- 24 (a) the land-holder who entered into the agreement and the 25 land-holder's successors in title; and 26 (b) each other person who has an interest in the land. 27

 


 

s 12 16 s 12 Recreation Areas Management Bill 2005 (2) In this section-- 1 land-holder's successor in title, for land, includes a person 2 who acquires title to the land whether or not the title is of a 3 different tenure. 4 12 Amending or cancelling agreements 5 (1) All of the parties to a recreation area agreement may, by 6 signing another agreement, amend or cancel the recreation 7 area agreement. 8 (2) If the other agreement does not require land to be removed 9 from the recreation area, the amendment has effect-- 10 (a) if the other agreement states a day the amendment takes 11 effect--from the day stated; or 12 (b) if no day is stated--from the day the other agreement is 13 signed. 14 (3) If the other agreement requires land to be removed from the 15 recreation area or cancels the recreation area agreement, the 16 Governor in Council must, by regulation, revoke the 17 declaration of the recreation area to the extent required by the 18 amendment or cancellation. 19 (4) The amendment or cancellation has effect from the day the 20 regulation has effect. 21 (5) If all or part of the land the subject of a recreation area 22 agreement becomes State land, other than for an immediate 23 dealing with the land under the Land Act 1994 by which the 24 land will not remain State land, the agreement is cancelled to 25 the extent the land becomes State land. 26 (6) Also, if subsection (3) does not apply and all or part of the 27 land the subject of a recreation area agreement is removed 28 from the recreation area under section 9, the agreement is 29 taken to be amended or cancelled to the extent of the removal. 30 (7) In this section-- 31 parties, to a recreation agreement, means-- 32 (a) the State; and 33

 


 

s 13 17 s 15 Recreation Areas Management Bill 2005 (b) the land-holder who entered into the agreement or, if the 1 land-holder no longer holds the title, the land-holder's 2 current successor in title. 3 13 Recording amendment or cancellation of agreement 4 (1) After a recreation area agreement is amended or cancelled 5 under section 12(3), (5) or (6), the chief executive must give 6 notice of the amendment or cancellation to-- 7 (a) if the agreement relates to freehold land--the registrar 8 of titles; or 9 (b) if the agreement relates to a lease or licence, or is a 10 reserve, under the Land Act 1994--the chief executive 11 administering that Act. 12 (2) The person to whom the notice is given must-- 13 (a) if the agreement is cancelled--remove reference to the 14 agreement from the relevant register; or 15 (b) if the agreement is amended to remove its application 16 from the whole of a lot--remove reference to the 17 agreement in relation to the lot from the register. 18 Division 4 Effect of declaration on 19 land-holders and native title rights 20 14 Rights and obligations of area land-holders not affected 21 Unless a recreation area agreement expressly states otherwise, 22 this Act does not affect the rights and obligations of an area 23 land-holder concerning the land-holder's land included in the 24 recreation area. 25 15 Rights and obligations of interest holders not affected 26 This Act does not affect the rights and obligations of a person 27 who, in relation to land included in a recreation area, has-- 28 (a) an interest recorded in a relevant register; or 29

 


 

s 16 18 s 17 Recreation Areas Management Bill 2005 (b) a prospecting permit or an exploration permit under the 1 Mineral Resources Act 1989; or 2 (c) an authority to prospect under the Petroleum Act 1923; 3 or 4 (d) an authority of a type mentioned in the Petroleum and 5 Gas (Production and Safety) Act 2004, section 18. 6 16 Native title rights and interests not affected 7 To remove any doubt, it is declared that the declaration of an 8 area as a recreation area does not extinguish or affect native 9 title or native title rights and interests in relation to land 10 included in the area. 11 17 Effect of declaration of recreation area on mining 12 interests 13 (1) The inclusion of land in a recreation area does not prevent a 14 person from obtaining a mining interest over the land if the 15 person could otherwise have obtained the interest. 16 (2) Also, this Act does not operate to restrict the entry of a person 17 on land in a recreation area under the authority of a mining 18 interest over the land. 19 (3) In this section-- 20 mining interest includes-- 21 (a) a prospecting permit or an exploration permit under the 22 Mineral Resources Act 1989; and 23 (b) an authority to prospect under the Petroleum Act 1923; 24 and 25 (c) an authority of a type mentioned in the Petroleum and 26 Gas (Production and Safety) Act 2004, section 18. 27

 


 

s 18 19 s 19 Recreation Areas Management Bill 2005 Part 3 Management plans 1 Division 1 Preparing and approving 2 management plans 3 18 Preparing draft management plan 4 (1) As soon as practicable after a recreation area is established, 5 the Minister must prepare a draft management plan for the 6 area. 7 (2) The draft plan may apply, adopt, or incorporate (with or 8 without modification) the provisions of another document, 9 whether of the same or a different kind. 10 (3) A provision of another document applied, adopted or 11 incorporated is the provision as in force from time to time, 12 unless the draft plan expressly states otherwise. 13 19 Public notice of draft management plan 14 (1) The Minister must give public notice of the draft plan. 15 (2) The notice must-- 16 (a) state-- 17 (i) the recreation area the draft plan relates to; and 18 (ii) that a copy of the draft plan and the provisions of 19 any document applied, adopted or incorporated by 20 the plan are available for inspection, without 21 charge-- 22 (A) during normal business hours at the 23 department's head office and at each 24 department office in the general area in 25 which the recreation area is located; and 26 (B) on the department's web site; and 27 (b) invite members of the public, including area 28 land-holders and relevant Aboriginal and Torres Strait 29 Islander entities for the area, to make written 30

 


 

s 20 20 s 20 Recreation Areas Management Bill 2005 submissions about the draft plan to the Minister, within 1 a stated period. 2 (3) The stated period must be at least 20 business days after the 3 public notice is given. 4 (4) Subsection (2)(b) does not apply if-- 5 (a) the draft plan is substantially uniform or complementary 6 with-- 7 (i) another Act; or 8 (ii) a law of the Commonwealth or another State; or 9 (b) the draft plan adopts an Australian or international 10 protocol, standard, code, or intergovernmental 11 agreement or instrument, and an assessment of the 12 benefits and costs associated with the plan has already 13 been made and the assessment was made for, or is 14 relevant to, Queensland; or 15 (c) there has already been other public consultation about 16 the matters, the subject of the plan, and the Minister is 17 satisfied the public has been adequately consulted about 18 the matters. 19 (5) On payment of the fee decided by the chief executive, a 20 person may obtain a copy of the draft plan from the chief 21 executive. 22 (6) The fee must not be more than the cost to the chief executive 23 of-- 24 (a) making the copy available to the person; and 25 (b) if the person asks for the material to be posted--the 26 postage. 27 20 Content of draft management plan 28 (1) The draft management plan must state-- 29 (a) the name of the recreation area; and 30 (b) the recreational objects to be achieved for planning, 31 developing and managing the area. 32

 


 

s 21 21 s 24 Recreation Areas Management Bill 2005 (2) Subsection (1) does not limit the matters for which the draft 1 plan may provide. 2 21 Minister to prepare final management plan 3 After considering each submission made under section 19(2), 4 the Minister must, having regard to the purpose of this Act, 5 prepare a final management plan. 6 22 Approval of final management plan 7 (1) If the final management plan has been prepared under sections 8 18 to 21, the Governor in Council may, by gazette notice, 9 approve the final management plan. 10 (2) The gazette notice must state where a copy of the approved 11 final management plan is available for inspection. 12 23 When approved management plan has effect 13 The approved management plan has effect on and from the 14 later of the following days-- 15 (a) the day the gazette notice approving the plan is 16 published; 17 (b) the commencement day stated in the approved plan. 18 24 Effect of management plan if there is an amalgamation or 19 division 20 (1) A regulation amalgamating recreation areas may state that an 21 approved management plan for 1 of the areas included in the 22 amalgamated area is the approved management plan for the 23 amalgamated area and applies for all, or a stated part, of the 24 amalgamated area. 25 (2) A regulation dividing a recreation area may state that the 26 approved management plan for the undivided area is the 27 approved management plan for each divided area and applies 28 for each divided area to the extent stated in the regulation. 29

 


 

s 25 22 s 26 Recreation Areas Management Bill 2005 Division 2 Amending and reviewing 1 management plans 2 25 Preparing draft amendment 3 (1) The Minister may prepare a draft amendment of an approved 4 management plan. 5 (2) The draft amendment may apply, adopt, or incorporate (with 6 or without modification) the provisions of another document, 7 whether of the same or a different kind. 8 (3) A provision of another document applied, adopted or 9 incorporated is the provision as in force from time to time, 10 unless the draft amendment expressly provides otherwise. 11 26 Public notice of draft amendment 12 (1) The Minister must give public notice of the draft amendment. 13 (2) The notice must-- 14 (a) identify the management plan proposed to be amended; 15 and 16 (b) state that a copy of the draft amendment and the 17 provisions of any document applied, adopted or 18 incorporated by the amendment are available for 19 inspection, without charge by the chief executive-- 20 (i) during normal business hours at the department's 21 head office and at each department office in the 22 general area in which the recreation area is located; 23 and 24 (ii) on the department's web site; and 25 (c) invite members of the public, including area 26 land-holders and relevant Aboriginal and Torres Strait 27 Islander entities for the area, to make written 28 submissions about the draft amendment to the Minister, 29 within a stated period. 30 (3) The stated period must be at least 20 business days after the 31 public notice is given. 32

 


 

s 27 23 s 27 Recreation Areas Management Bill 2005 (4) On payment of the fee decided by the chief executive, a 1 person may obtain a copy of the draft amendment from the 2 chief executive. 3 (5) The fee must not be more than the cost to the chief executive 4 of-- 5 (a) making the copy available to the person; and 6 (b) if the person asks for the material to be posted--the 7 postage. 8 27 Exceptions from ss 25 and 26 9 (1) Sections 25 and 26 do not apply if the proposed amendment 10 prepared by the Minister is-- 11 (a) a minor amendment-- 12 (i) to correct an error in the approved management 13 plan; or 14 (ii) to make a change, other than a change of 15 substance, in the plan; or 16 (b) of a type that the plan states may be made under this 17 subsection. 18 (2) Also, the sections do not apply if-- 19 (a) for an approved management plan that is substantially 20 uniform or complementary with another Act or a law of 21 the Commonwealth or another State--the amendment is 22 needed to ensure the plan remains substantially uniform 23 or complementary; or 24 (b) the amendment adopts an Australian or international 25 protocol, standard, code, or intergovernmental 26 agreement or instrument, and an assessment of the 27 benefits and costs associated with the amendment has 28 already been made and the assessment was made for, or 29 is relevant to, Queensland; or 30 (c) there has already been other public consultation about 31 the matters, the subject of the amendment, and the 32 Minister is satisfied the public has been adequately 33 consulted about the matters. 34

 


 

s 28 24 s 31 Recreation Areas Management Bill 2005 28 Preparing final amendment 1 (1) For an amendment to which section 26 applies, the Minister 2 must consider each submission made under that section and 3 having regard to the purpose of this Act, prepare a final 4 amendment. 5 (2) For an amendment to which section 26 does not apply, the 6 Minister must, having regard to the purpose of this Act, 7 prepare a final amendment. 8 29 Approval of amendment 9 (1) If the final amendment has been prepared under this division, 10 the Governor in Council may, by gazette notice, approve the 11 final amendment. 12 (2) The gazette notice-- 13 (a) is not subordinate legislation; and 14 (b) must state where a copy of the approved final 15 amendment is available for inspection. 16 30 When approved amendment has effect 17 The approved amendment has effect on and from the later of 18 the following days-- 19 (a) the day the gazette notice approving the amendment is 20 published; 21 (b) the commencement day stated in the amendment. 22 31 Reviewing management plans 23 (1) Within 10 years after the day an approved management plan 24 commences, the Minister must give public notice of the 25 Minister's intention to review the plan. 26 (2) The notice must-- 27 (a) identify the management plan proposed to be reviewed; 28 and 29 (b) state that a copy of the approved plan is available for 30 inspection, without charge by the chief executive-- 31

 


 

s 32 25 s 32 Recreation Areas Management Bill 2005 (i) during normal business hours at the department's 1 head office and at each department office in the 2 general area in which the recreation area is located; 3 and 4 (ii) on the department's web site; and 5 (c) invite members of the public, including area 6 land-holders and relevant Aboriginal and Torres Strait 7 Islander entities for the area, to make written 8 submissions about the review to the Minister, within a 9 stated period. 10 (3) The stated period must be at least 20 business days after the 11 public notice is given. 12 (4) After considering each submission made under subsection (2), 13 the Minister may-- 14 (a) prepare a new draft management plan for the recreation 15 area under section 18; or 16 (b) prepare a draft amendment to the existing approved 17 management plan for the recreation area under section 18 25; or 19 (c) leave the existing approved management plan for the 20 recreation area unchanged. 21 Division 3 Other matters about management 22 plans 23 32 Public access to approved management plans 24 (1) The chief executive must keep a copy of each current 25 approved management plan available for inspection, without 26 charge, by members of the public-- 27 (a) during normal business hours at the department's head 28 office and at each department office in the general area 29 in which the recreation area is located; and 30 (b) on the department's web site. 31

 


 

s 33 26 s 34 Recreation Areas Management Bill 2005 (2) On payment of the fee decided by the chief executive, a 1 person may obtain a copy of the approved management plan 2 from the chief executive. 3 (3) The fee must not be more than the cost to the chief executive 4 of-- 5 (a) making the copy available to the person; and 6 (b) if the person asks for the material to be posted--the 7 postage. 8 33 Chief executive may enter into cooperative arrangement 9 for approved management plan 10 The chief executive may enter into an agreement or other 11 arrangement with the following persons about the preparation, 12 amendment, review or implementation of an approved 13 management plan for a recreation area-- 14 (a) a person, or group of persons, including relevant 15 Aboriginal and Torres Strait Islander entities for the 16 area, having a special interest in the area; or 17 (b) a person representing a person or group mentioned in 18 paragraph (a). 19 Part 4 Access to, and permits for, 20 recreation areas 21 Division 1 Activities permitted 22 34 Types of permits 23 (1) The chief executive may issue the following permits for a 24 recreation area-- 25 (a) camping permit; 26 (b) vehicle access permit; 27 (c) group activity permit; 28

 


 

s 35 27 s 36 Recreation Areas Management Bill 2005 (d) commercial activity permit. 1 (2) As well as authorising the activity for which a permit is 2 issued, a permit may also authorise another activity related to 3 the authorised activity. 4 35 Terms of permits 5 (1) A permit is given for the term stated in it. 6 (2) The term must not be more than the following-- 7 (a) for a camping permit--30 days; 8 (b) for a vehicle access permit--1 year; 9 (c) for a group activity permit--1 year; 10 (d) for a commercial activity permit--3 years. 11 (3) The permit expires at the end of the term. 12 Division 2 Camping permits 13 36 How to obtain a camping permit 14 (1) Subject to subsection (3), an application for a camping permit 15 must be-- 16 (a) made to the chief executive; and 17 (b) supported by sufficient information to enable the 18 application to be decided. 19 (2) The applicant must also pay the permit fee before the 20 application is decided. 21 (3) For a self-registration camping area a person may-- 22 (a) fill in a camping form for the area in the way stated on 23 the form; and 24 (b) either-- 25 (i) place the camping fee in cash or a cheque in the 26 camping fee envelope and seal the envelope; or 27

 


 

s 37 28 s 37 Recreation Areas Management Bill 2005 (ii) properly complete and sign the credit card payment 1 section of the camping form; and 2 (c) put the envelope in the camping fee container. 3 37 When a camping permit granted 4 (1) Subject to subsections (2) and (3), a camping permit is 5 granted when the chief executive decides the application and 6 gives the applicant a permit. 7 (2) A person who applies for a camping permit for an e-permit 8 camping area by way of the Internet web-site authorised by 9 the chief executive is taken to have been granted a permit 10 when the person receives a notice stating the number 11 identifying the permit. 12 (3) A person who applies by phone for a camping permit for an 13 e-permit camping area is taken to have been granted a permit 14 when all of the following steps have been completed-- 15 (a) the person gives the information required on the 16 approved form; 17 (b) the person states that the person understands and accepts 18 the conditions of the permit; 19 (c) the person pays the correct permit fee by giving the 20 person's credit card details; 21 (d) the person is issued a number identifying the permit. 22 (4) For a self-registration camping area, a person is taken to have 23 been granted a camping permit for the area and period stated 24 in the camping form when the person complies with section 25 36(3). 26 (5) However, a camping permit for a self-registration camping 27 area is taken not to have been granted if-- 28 (a) the person pays the camping fee by cheque and the 29 cheque is dishonoured; or 30 (b) the person completes the credit card payment section of 31 the camping fee envelope and the person's financial 32 institution does not authorise the payment. 33 (6) Subsections (2) and (3) have effect subject to section 38. 34

 


 

s 38 29 s 39 Recreation Areas Management Bill 2005 38 Extent to which camping permit granted 1 (1) A camping permit taken to have been granted under section 2 37(2) or (3) is taken to have been granted only-- 3 (a) for the number of people stated by the person when 4 applying for the permit; and 5 (b) for the number of days stated by the person when 6 applying for the permit; and 7 (c) for the time when the area, the subject of the permit, is 8 an e-permit camping area; and 9 (d) for not longer than 30 days or, if the e-permit camping 10 notice or any additional conditions notice for the area 11 states a shorter period as the longest period for which 12 anyone may camp in the area, the shorter period. 13 (2) A camping permit taken to have been granted under section 14 37(4) is taken to have been granted only-- 15 (a) for the number of people stated on the camping form; 16 and 17 (b) for not more than the number of people stated on the 18 self-registration camping notice; and 19 (c) for the time when the area, the subject of the permit, is a 20 self-registration camping area; and 21 (d) for not longer than 30 days or, if the self-registration 22 camping notice states a shorter period as the longest 23 period for which anyone may camp in the area, the 24 shorter period. 25 39 Conditions of camping permit 26 (1) For an e-permit camping area, the conditions stated in the 27 e-permit camping notice, and any additional conditions 28 notice, for the area are taken to be conditions of each camping 29 permit for the area. 30 (2) For a self-registration camping area, the conditions stated in 31 the self-registration camping notice for the area are taken to 32 be conditions of each camping permit for the area. 33

 


 

s 40 30 s 42 Recreation Areas Management Bill 2005 40 Camping permit taken to be authorisation under other 1 Acts 2 A camping permit for a recreation area is, for the Nature 3 Conservation Act 1992, the Forestry Act 1959 and the Marine 4 Parks Act 1982, taken to be an authorisation permitting 5 camping in the area under those Acts. 6 Division 3 Vehicle access permits 7 41 How to obtain a vehicle access permit 8 (1) An application for a vehicle access permit must be-- 9 (a) made to the chief executive; and 10 (b) supported by sufficient information to enable the 11 application to be decided. 12 (2) The applicant must also pay the permit fee before the 13 application is decided. 14 (3) On each occasion a rental vehicle is in a recreation area, the 15 person who hired the vehicle for that occasion must be the 16 person who applies for the vehicle access permit. 17 (4) In this section-- 18 rental vehicle means a vehicle that is rented without a driver 19 for the vehicle being offered or made available by, through, or 20 on behalf of, the person providing the vehicle for rent. 21 42 When a vehicle access permit granted 22 (1) Subject to subsections (2) and (3), a vehicle access permit is 23 granted when the chief executive decides the application and 24 gives the applicant a permit. 25 (2) A person who applies for a vehicle access permit on the 26 Internet web-site authorised by the chief executive is taken to 27 have been granted a permit when the person receives a notice 28 stating the number identifying the permit. 29 (3) A person who applies by phone for a vehicle access permit is 30 taken to have been granted a permit when all of the following 31 steps have been completed-- 32

 


 

s 43 31 s 45 Recreation Areas Management Bill 2005 (a) the person gives the information required on the 1 approved form; 2 (b) the person states that the person understands and accepts 3 the conditions of the permit; 4 (c) the person pays the correct fee by giving the person's 5 credit card details; 6 (d) the person is issued a number identifying the permit. 7 43 Extent to which vehicle access permit granted 8 A vehicle access permit taken to have been granted under 9 sections 42(2) or 42(3) is taken to have been granted only-- 10 (a) for the vehicle stated by the person when applying for 11 the permit; and 12 (b) for the period stated by the person when applying for the 13 permit. 14 44 Vehicle access permit taken to be authorisation under 15 Forestry Act 1959 16 (1) A vehicle access permit for a recreation area is, for the 17 Forestry Act 1959, taken to be an authorisation under that Act 18 for the person in control of the vehicle to traverse a road in the 19 area. 20 (2) Subsection (1) does not apply if a regulatory notice or other 21 sign prohibits-- 22 (a) the use of the vehicle on the road; or 23 (b) access to the area. 24 Division 4 Group activity permits 25 45 How to obtain a group activity permit 26 (1) An application for a group activity permit must be-- 27 (a) made to the chief executive in the approved form; and 28

 


 

s 46 32 s 49 Recreation Areas Management Bill 2005 (b) supported by sufficient information to enable the 1 application to be decided. 2 (2) The applicant must also pay the permit fee before the 3 application is decided. 4 46 Requirements for grant of application for group activity 5 permit 6 (1) The chief executive may grant an application for a group 7 activity permit only if the chief executive considers there is 8 adequate insurance cover for the activities proposed to be 9 conducted under the permit. 10 (2) However, subsection (1) does not apply if the chief executive 11 considers insurance cover is not required having regard to the 12 nature of the activities. 13 47 When a group activity permit granted 14 A group activity permit is granted when the chief executive 15 decides the application and gives the applicant a permit. 16 48 Group activity permit taken to be authorisation under 17 other Acts 18 A group activity permit authorising an activity in a recreation 19 area is, for the Nature Conservation Act 1992 and the Forestry 20 Act 1959, taken to be an authorisation permitting the activity 21 in the area under those Acts. 22 Division 5 Commercial activity permits 23 49 How to obtain a commercial activity permit 24 (1) An application for a commercial activity permit must be-- 25 (a) made to the chief executive in the approved form; and 26 (b) supported by sufficient information to enable the chief 27 executive to decide the application; and 28 (c) accompanied by the application and permit fees. 29

 


 

s 50 33 s 50 Recreation Areas Management Bill 2005 (2) Information in the application must, if the approved form 1 requires, be verified by a statutory declaration. 2 50 Requirements for holding commercial activity permit 3 (1) The chief executive may grant the application if the chief 4 executive is satisfied-- 5 (a) the applicant is a suitable person to hold the permit; and 6 (b) there is adequate insurance cover for the activities 7 proposed to be conducted under the permit. 8 (2) However, subsection (1)(b) does not apply if the chief 9 executive considers insurance cover is not required having 10 regard to the nature of the activities. 11 (3) In deciding whether the applicant is a suitable person to hold 12 the permit, the chief executive may-- 13 (a) inquire about the applicant and an associated person of 14 the applicant; and 15 (b) have regard to any matter relevant to the applicant's 16 ability to carry on the commercial activities for which 17 the permit is sought in a competent and ethical way. 18 (4) In this section-- 19 associated person, of the applicant, means-- 20 (a) if the applicant is a corporation--each executive officer 21 of the corporation; or 22 (b) if the applicant is not a corporation, a person who-- 23 (i) is regularly or usually in charge of the applicant's 24 business; or 25 (ii) regularly directs staff of the applicant's business in 26 their duties; or 27 (iii) is in a position to control or substantially influence 28 the applicant's business. 29

 


 

s 51 34 s 52 Recreation Areas Management Bill 2005 51 Chief executive may request public notice of application 1 for commercial activity permit 2 (1) This section applies if the chief executive considers the grant 3 of an application for a commercial activity permit for a 4 recreation area may restrict the reasonable use of a part of the 5 area by persons other than the applicant. 6 (2) The chief executive may give the applicant a written notice 7 stating-- 8 (a) the applicant must give public notice of the application 9 within a stated period; and 10 (b) the information that must be included in the public 11 notice; and 12 (c) the number of times, being not more than 2, the public 13 notice must be given. 14 (3) The applicant must give the public notice and ensure it-- 15 (a) includes the stated information; and 16 (b) invites interested persons to make written submissions 17 to the chief executive, in relation to the application-- 18 (i) at an address stated in the public notice; and 19 (ii) within a stated period of not less than 20 business 20 days. 21 (4) Before deciding whether or not to grant the permit, the chief 22 executive must consider any written submissions received by 23 the chief executive in response to the public notice. 24 52 Deciding application for commercial activity permit 25 (1) The chief executive must consider the application and 26 decide-- 27 (a) to grant the application, with or without conditions 28 decided by the chief executive, including, for example-- 29 (i) limiting the activities that may be carried out under 30 the permit; or 31 (ii) allowing activities that may be carried out under 32 the permit to be monitored; or 33

 


 

s 53 35 s 53 Recreation Areas Management Bill 2005 (b) to grant the application for a shorter period than applied 1 for; or 2 (c) to refuse the application. 3 (2) Subsection (3) applies if the application is for a new 4 commercial activity permit to commence immediately after an 5 existing commercial activity permit expires. 6 (3) Without limiting subsection (1), when deciding the 7 application, the chief executive may refuse to grant the 8 application if the chief executive reasonably believes-- 9 (a) the existing permit was obtained on the basis of 10 incorrect or misleading information; or 11 (b) the holder of the existing permit has contravened a 12 condition of the permit. 13 (4) The chief executive must make the decision-- 14 (a) if the chief executive asks for further information about 15 the application under section 56--within 40 business 16 days after receiving the information requested; or 17 (b) otherwise--within 40 business days after receiving the 18 application. 19 (5) If the chief executive decides to grant the application the chief 20 executive must, as soon as practicable after making the 21 decision, issue a permit to the applicant. 22 (6) If the chief executive decides to grant the application with 23 conditions, or to refuse the application, the chief executive 24 must as soon as practicable after making the decision give the 25 applicant an information notice about the decision. 26 53 Additional matters to be considered under s 52 27 (1) In deciding an application under section 52, the chief 28 executive must have regard to each of the following-- 29 (a) the purpose of this Act; 30 (b) the management intent for the recreation area, and the 31 area's current draft or approved management plan; 32 (c) conservation of the area's cultural and natural resources; 33

 


 

s 53 36 s 53 Recreation Areas Management Bill 2005 (d) the amenity of the area and adjacent areas; 1 (e) the size, extent and location of the proposed use in 2 relation to other uses of the area or adjacent areas; 3 (f) the likely cumulative effect of the proposed use and 4 other uses on the area; 5 (g) public health and safety; 6 (h) any relevant Australian or international code, 7 instrument, protocol or standard or any relevant 8 intergovernmental agreement; 9 (i) the requirements mentioned in section 50; 10 (j) whether there are any grounds for refusing the 11 application. 12 (2) Without limiting subsection (1), the chief executive may have 13 regard to anything else the chief executive considers 14 appropriate to achieve the purpose of this Act. 15 (3) For subsection (1)(j), the following are grounds for refusing 16 the application to the extent the chief executive is satisfied 17 they are relevant to the activities to be carried out under the 18 permit applied for-- 19 (a) the applicant has accumulated 10 or more demerit points 20 in the 3 years immediately before the day the 21 application is decided; 22 (b) the applicant is the former holder of a commercial 23 activity permit, the permit was cancelled because the 24 applicant accumulated 10 or more demerit points, and 25 the application is made within 2 years after the permit 26 was cancelled; 27 (c) the applicant has had an equivalent permit or other 28 authority (however described) in another State or 29 country suspended or cancelled in the 3 years 30 immediately before the day the application is made; 31 (d) the applicant has, in the 3 years immediately before the 32 day the application is made, been convicted of-- 33 (i) an offence against this Act or the repealed Act; or 34

 


 

s 54 37 s 54 Recreation Areas Management Bill 2005 (ii) an offence against the Nature Conservation Act 1 1992 relating to a forest reserve or protected area; 2 or 3 (iii) an offence against the Forestry Act 1959 relating to 4 a State forest or timber reserve; or 5 (iv) an offence against the Marine Parks Act 1982 or 6 the Marine Parks Act 2004 relating to a marine 7 park; or 8 (v) an offence, however described, equivalent to an 9 offence mentioned in subparagraphs (i) to (iv) in 10 another State or country. 11 54 Existing commercial activity permit taken to be in force 12 while new application is considered 13 (1) This section applies if an application is made under section 49 14 for a new commercial activity permit intended to commence 15 immediately after an existing commercial activity permit 16 expires. 17 (2) The existing permit is taken to continue in force from the day 18 it would otherwise have expired until the day on which the 19 earliest of the following happens-- 20 (a) the chief executive grants the new permit; 21 (b) the chief executive decides to refuse the application and 22 gives the applicant an information notice about the 23 decision; 24 (c) the applicant is taken to have withdrawn the application 25 under section 56(5); 26 (d) the existing permit has continued for 3 months after the 27 day it would otherwise have expired. 28 (3) If the chief executive grants the new permit, it is taken to have 29 commenced immediately after the existing permit would 30 otherwise have expired. 31 (4) Subsection (2) does not stop the existing permit from being 32 cancelled or suspended under this Act. 33

 


 

s 55 38 s 56 Recreation Areas Management Bill 2005 55 Commercial activity permit taken to be authorisation 1 under other Acts 2 A commercial activity permit authorising an activity in a 3 recreation area is, for the Nature Conservation Act 1992 and 4 the Forestry Act 1959, taken to be an authorisation permitting 5 the activity in the area under those Acts. 6 Division 6 General provisions about permits 7 56 Chief executive's power to require further information 8 about permit application 9 (1) Before deciding an application for a permit, the chief 10 executive may ask the applicant for any further information or 11 document the chief executive reasonably requires to decide 12 the application. 13 (2) The chief executive may require the information or document 14 to be verified by a statutory declaration. 15 (3) If the application is for a commercial activity permit, the chief 16 executive may give the applicant a written notice asking the 17 applicant to give the information or document by the day 18 stated in the notice. 19 (4) The notice must-- 20 (a) be given to the applicant within 20 business days after 21 the chief executive receives the application; and 22 (b) state a reasonable period of at least 20 business days 23 after it is given within which the information or 24 document must be given. 25 (5) The applicant is taken to have withdrawn the application if the 26 applicant does not comply with the request within-- 27 (a) for a commercial activity permit--the period stated in 28 the notice; or 29 (b) in any other case--a reasonable period. 30 (6) The chief executive may extend a period mentioned in 31 subsection (5). 32

 


 

s 57 39 s 58 Recreation Areas Management Bill 2005 57 Amending permit application 1 If the chief executive agrees, the applicant may amend the 2 application before the chief executive has finished considering 3 it. 4 58 Deciding permit application (other than commercial 5 activity permit) 6 (1) The chief executive must consider the application and 7 decide-- 8 (a) to grant the application, with or without conditions 9 decided by the chief executive; or 10 (b) to refuse the application. 11 (2) In making the decision, the chief executive-- 12 (a) must have regard to each of the following-- 13 (i) the purpose of this Act; 14 (ii) the management intent for the recreation area, or 15 the area's current draft or approved management 16 plan; 17 (iii) conservation of the area's cultural and natural 18 resources; 19 (iv) the amenity of the area and adjacent areas; 20 (v) the size, extent and location of the proposed use in 21 relation to other use of the area or adjacent areas; 22 (vi) the likely cumulative effect of the proposed use 23 and other uses on the area; 24 (vii) public health and safety; 25 (viii) any relevant Australian or international code, 26 instrument, protocol or standard or any relevant 27 intergovernmental agreement; and 28 (b) may have regard to anything else the chief executive 29 considers appropriate to achieve the purpose of this Act. 30 (3) The chief executive must make the decision-- 31

 


 

s 59 40 s 60 Recreation Areas Management Bill 2005 (a) if the chief executive asks for further information about 1 the application under section 56--within 40 business 2 days after receiving the information requested; or 3 (b) otherwise--within 40 business days after receiving the 4 application. 5 (4) This section does not apply for an application for a 6 commercial activity permit. 7 59 Steps to be taken after permit application decided (other 8 than commercial activity permit) 9 (1) If the chief executive decides to grant the application, with or 10 without conditions, the chief executive must, as soon as 11 practicable after making the decision-- 12 (a) for a group activity permit to be issued with 13 conditions--issue a permit to the applicant and give the 14 applicant an information notice about the decision; or 15 (b) for any other permit--issue a permit to the applicant. 16 (2) If the chief executive decides to refuse the application, the 17 chief executive must as soon as practicable after making the 18 decision-- 19 (a) for a group activity permit--give the applicant an 20 information notice about the decision; or 21 (b) for any other permit--tell the applicant about the 22 refusal. 23 (3) This section does not apply for an application for a 24 commercial activity permit. 25 60 Permits 26 (1) A permit must be in writing and state each of the following-- 27 (a) its issue date; 28 (b) if it does not commence on the issue date--its 29 commencement date; 30 (c) its term or expiry date; 31 (d) the following information about the permit holder-- 32

 


 

s 61 41 s 61 Recreation Areas Management Bill 2005 (i) the holder's name and, if the holder is a 1 corporation, its ABN or ACN; 2 (ii) the holder's place of business; 3 (e) the recreation area to which the permit relates; 4 (f) the purpose for which the permit is issued; 5 (g) any conditions imposed by the chief executive, under 6 section 58(1)(a), on the permit. 7 (2) Subsection (1) does not apply to a permit issued under section 8 37(2), (3) or (4) or section 42(2) or (3). 9 61 Minor amendments 10 (1) This section applies if-- 11 (a) the chief executive reasonably considers a permit should 12 be amended; and 13 (b) the proposed amendment is a minor amendment. 14 (2) The chief executive may amend the permit by-- 15 (a) for a camping or vehicle access permit--advising the 16 permit holder of the amendment; or 17 (b) for a group activity or commercial activity 18 permit--giving the holder written notice of the 19 amendment. 20 (3) The advice or notice must state the reasons for the 21 amendment. 22 (4) Sections 62 to 64 do not apply to the amendment. 23 (5) The amendment takes effect on the later of the following 24 days-- 25 (a) the day when the advice or notice is given to the holder; 26 (b) the day of effect advised or stated in the notice. 27 (6) The effect of the amendment does not depend on the 28 amendment being noted on the permit. 29 (7) In this section-- 30 minor amendment means an amendment that-- 31

 


 

s 62 42 s 62 Recreation Areas Management Bill 2005 (a) omits a condition; or 1 (b) corrects an error; or 2 (c) makes another change, other than a change of substance, 3 that does not adversely affect the holder's interests. 4 62 Amendments by application 5 (1) The holder of a permit may apply to the chief executive for an 6 amendment of the permit. 7 (2) The application must be-- 8 (a) accompanied by the fee prescribed under a regulation; 9 and 10 (b) if the application relates to a group activity or 11 commercial activity permit--made in writing. 12 (3) If the chief executive decides to make the amendment, the 13 chief executive must-- 14 (a) for a camping or vehicle access permit--advise the 15 holder of the amendment; or 16 (b) for a group activity or commercial activity permit--give 17 the holder written notice of the amendment. 18 (4) The amendment takes effect on the later of the following 19 days-- 20 (a) the day when the advice or notice is given to the holder; 21 (b) the day of effect advised or stated in the notice. 22 (5) The effect of the amendment does not depend on the 23 amendment being noted on the permit. 24 (6) If the chief executive decides to refuse the application, the 25 chief executive must as soon as practicable after making the 26 decision-- 27 (a) for a camping or vehicle access permit--advise the 28 holder of the decision; or 29 (b) for a group activity or commercial activity permit--give 30 the holder an information notice about the decision. 31

 


 

s 63 43 s 63 Recreation Areas Management Bill 2005 63 Other amendments (other than immediately) 1 (1) The chief executive may amend a permit-- 2 (a) if the chief executive reasonably believes-- 3 (i) the permit was obtained because of incorrect or 4 misleading information; or 5 (ii) the holder has contravened a condition of the 6 permit; or 7 (iii) for a commercial activity permit--the holder is no 8 longer a suitable person to hold the permit; or 9 (iv) the amendment is necessary having regard to the 10 purpose of this Act; or 11 (b) if the holder has failed to-- 12 (i) pay a fee required to be paid under this Act for the 13 permit, by the date or within the period during 14 which the fee must be paid; or 15 (ii) give the chief executive information required to be 16 given under this Act for the permit, by the date or 17 within the period during which the information 18 must be given; or 19 (c) if the holder is convicted of an offence against this Act 20 or the repealed Act; or 21 (d) to secure the safety of a person or a person's property; or 22 (e) to conserve or protect the cultural or natural resources of 23 the recreation area; or 24 (f) if the permit relates to an area that has been declared as 25 a restricted access area or an area closed to the public. 26 (2) If the chief executive proposes to make the amendment and 27 the address of the holder is shown on the permit, the chief 28 executive must give the holder a notice stating each of the 29 following-- 30 (a) the proposed amendment; 31 (b) the ground for the proposed amendment; 32 (c) an outline of the facts and circumstances forming the 33 basis for the ground; 34

 


 

s 63 44 s 63 Recreation Areas Management Bill 2005 (d) an invitation to make representations, within a stated 1 period, about why the proposed amendment should not 2 be made. 3 (3) If the permit is a group activity or commercial activity 4 permit-- 5 (a) the notice must be in writing; and 6 (b) the stated period must be at least 20 business days after 7 the notice is given; and 8 (c) the representations must be in writing. 9 (4) The chief executive may amend the permit, if, after 10 considering any representations made within the stated 11 period, the chief executive still believes the amendment 12 should be made-- 13 (a) in the way stated in the notice; or 14 (b) in another way, having regard to the representations. 15 (5) If the chief executive amends the permit, the chief executive 16 must-- 17 (a) for a camping or vehicle access permit--advise the 18 holder of the amendment; or 19 (b) for a group activity or commercial activity permit--give 20 the holder an information notice about the decision. 21 (6) The amendment takes effect on the later of the following 22 days-- 23 (a) the day when the advice or information notice is given 24 to the holder; 25 (b) the day of effect stated in the advice or information 26 notice. 27 (7) The effect of the amendment does not depend on the 28 amendment being noted on the permit. 29 (8) If the chief executive decides not to make the amendment, the 30 chief executive must as soon as practicable after making the 31 decision-- 32 (a) for a camping or vehicle access permit--advise the 33 holder of the decision; or 34

 


 

s 64 45 s 64 Recreation Areas Management Bill 2005 (b) for a group activity or commercial activity permit--give 1 the holder written notice of the decision. 2 64 Immediate amendment or suspension of permits for 3 safety or conservation 4 (1) This section applies if the chief executive reasonably believes 5 a permit should be amended or suspended-- 6 (a) to secure the safety of a person or a person's property; or 7 (b) because of a fire or other natural disaster; or 8 (c) to conserve or protect the cultural or natural resources of 9 the recreation area to which the permit applies. 10 (2) The chief executive may, verbally or by signs, advise the 11 permit holder that-- 12 (a) the permit is taken to be amended in the way the chief 13 executive advises; or 14 (b) the permit is suspended, to the extent the chief executive 15 advises. 16 (3) If the chief executive acts under subsection (2), the 17 amendment or suspension takes effect immediately after the 18 holder is advised of the amendment or suspension and 19 continues until the chief executive advises that the chief 20 executive is satisfied the reason for the amendment or 21 suspension no longer exists. 22 (4) The effect of the amendment does not depend on the 23 amendment being noted on the permit. 24 (5) The chief executive must as soon as practicable put a notice 25 on the department's web site advising when the amendment or 26 suspension no longer applies. 27 (6) In this section-- 28 sign includes a sign erected-- 29 (a) at or near a usual access point to the recreation area; or 30 (b) in a position that would normally be seen by a person 31 accessing the area. 32

 


 

s 65 46 s 65 Recreation Areas Management Bill 2005 65 Cancelling a permit or suspending a permit (other than 1 immediately) 2 (1) The chief executive may cancel a permit or suspend a permit 3 other than immediately-- 4 (a) for a reason mentioned in section 64; or-- 5 (b) if the chief executive reasonably believes-- 6 (i) the permit was obtained because of incorrect or 7 misleading information; or 8 (ii) the permit holder has contravened a condition of 9 the permit; or 10 (iii) for a commercial activity permit--the holder is no 11 longer a suitable person to hold the permit; or 12 (c) if the holder of the permit has failed to-- 13 (i) pay a fee required to be paid under this Act for the 14 permit, by the date or within the period during 15 which the fee must be paid; or 16 (ii) give the chief executive information required to be 17 given under this Act for the permit, by the date or 18 within the period during which the information 19 must be given; or 20 (d) if the holder is convicted of an offence against this Act 21 or the repealed Act. 22 (2) The chief executive may take action (the proposed action) 23 under subsection (1) by giving the holder of the permit a 24 notice stating each of the following-- 25 (a) the proposed action; 26 (b) the ground for the proposed action; 27 (c) an outline of the facts and circumstances forming the 28 basis for the ground; 29 (d) if the proposed action is suspension of the permit--the 30 proposed suspension period; 31 (e) an invitation to make representations, within a stated 32 period, about why the proposed action should not be 33 taken. 34

 


 

s 65 47 s 65 Recreation Areas Management Bill 2005 (3) If the permit is a group activity or commercial activity 1 permit-- 2 (a) the notice must be in writing; and 3 (b) the stated period must not be less than 20 business days 4 after the notice is given; and 5 (c) the representations must be in writing. 6 (4) If, after considering any representations made within the 7 stated period, the chief executive still considers the ground to 8 take the proposed action exists, the chief executive may 9 decide-- 10 (a) if the proposed action was to suspend the permit--to 11 suspend it for not longer than the proposed suspension 12 period; or 13 (b) if the proposed action was to cancel the permit--either 14 to cancel it or to suspend it for a period. 15 (5) If the chief executive decides to suspend or cancel the permit, 16 the chief executive must-- 17 (a) for a camping or vehicle access permit--advise the 18 holder of the action taken; or 19 (b) for a group activity or commercial activity permit--give 20 the holder an information notice about the decision. 21 (6) A decision to suspend or cancel the permit takes effect on the 22 later of the following days-- 23 (a) the day when the advice or information notice is given 24 to the holder; 25 (b) the day of effect stated in the advice or information 26 notice. 27 (7) If the chief executive decides not to take the proposed action, 28 the chief executive must as soon as practicable after making 29 the decision-- 30 (a) for a camping or vehicle access permit--advise the 31 holder of the decision; or 32 (b) for a group activity or commercial activity permit--give 33 the holder written notice of the decision. 34

 


 

s 66 48 s 68 Recreation Areas Management Bill 2005 66 Surrendering permits 1 (1) The holder of a permit may surrender it by returning it and 2 giving written notice of surrender to the chief executive. 3 (2) A permit surrendered under subsection (1) no longer has 4 effect from-- 5 (a) the day for surrender stated in the notice; or 6 (b) if paragraph (a) does not apply--the day the notice is 7 received. 8 67 Replacing permits 9 (1) A permit holder may apply to the chief executive for the 10 replacement of a damaged, destroyed, lost, or stolen permit. 11 (2) The application must be made in writing and be accompanied 12 by the fee prescribed under a regulation. 13 (3) The chief executive must grant the application if the chief 14 executive is satisfied the permit has been-- 15 (a) damaged in a way that requires its replacement; or 16 (b) destroyed, lost, or stolen. 17 (4) If the chief executive grants the application, the chief 18 executive must issue another permit to the holder to replace 19 the damaged, destroyed, lost, or stolen permit. 20 68 Permits and approvals not transferable 21 A permit or written approval of the chief executive is not 22 transferable. 23

 


 

s 69 49 s 70 Recreation Areas Management Bill 2005 Part 5 Commercial activity 1 agreements for recreation 2 areas 3 Division 1 Preliminary 4 69 Chief executive may enter into commercial activity 5 agreement 6 (1) The chief executive may, for the State, enter into an agreement 7 (a commercial activity agreement) with a person authorising 8 the person to conduct a commercial activity in a recreation 9 area. 10 (2) The chief executive may enter into the agreement in any 1 or 11 more of the following ways-- 12 (a) by using an expression of interest process under division 13 2 for entering into the agreement; 14 (b) by using an application process under division 3 for 15 entering into the agreement; 16 (c) by entering into the agreement with the holder of a 17 commercial activity permit for the activity for the area. 18 70 Restrictions on entering into commercial activity 19 agreement 20 (1) A commercial activity agreement must be consistent with this 21 Act and the management intent for the recreation area it 22 concerns. 23 (2) Also, a commercial activity agreement must not-- 24 (a) create an interest in land in a recreation area; or 25 (b) authorise the carrying out of major earthworks, or the 26 installation of a permanent structure, in a recreation 27 area. 28 (3) Sections 50, 52 and 56 apply for the chief executive when 29 entering into a commercial activity agreement as if-- 30

 


 

s 71 50 s 72 Recreation Areas Management Bill 2005 (a) a reference in those sections to a permit or the 1 application were a reference to a commercial activity 2 agreement; and 3 (b) a reference in those sections to the applicant were a 4 reference to the person seeking to enter into the 5 agreement with the chief executive. 6 (4) In this section-- 7 major earthworks means earthworks that cause a major 8 disturbance to the cultural or natural resources of a recreation 9 area. 10 11 Examples of major earthworks-- 12 construction of a road, drainage channels 71 Content of commercial activity agreements 13 (1) A commercial activity agreement must be written and must 14 include each of the following details-- 15 (a) the name of the recreation area it concerns; 16 (b) the date the agreement is entered into; 17 (c) its term; 18 (d) the name of the person with whom it is entered into and, 19 if the person is a corporation, its ABN or ACN; 20 (e) the person's place of business; 21 (f) the activities authorised under the agreement; 22 (g) any conditions of the agreement; 23 (h) the amount payable to the State under the agreement, or 24 a way of working out the amount. 25 (2) Subsection (1) does not limit the matters that may be included 26 in the agreement. 27 (3) The parties to the agreement may amend it at any time. 28 72 Mandatory conditions of commercial activity agreements 29 (1) This section applies if the chief executive reasonably believes 30 a commercial activity agreement should be subject to a 31

 


 

s 73 51 s 74 Recreation Areas Management Bill 2005 condition that will assist in achieving the purpose of this Act 1 (a recreation management condition). 2 (2) The chief executive must not enter into the agreement 3 unless-- 4 (a) the agreement is made subject to the condition; and 5 (b) the agreement identifies the condition as a recreation 6 management condition and states that a breach of the 7 condition is an offence against this Act. 8 Division 2 Expression of interest process 9 73 Application of div 2 10 This division applies if the chief executive uses an expression 11 of interest process for entering into a commercial activity 12 agreement for conducting a commercial activity in a 13 recreation area. 14 74 Invitation for submissions 15 (1) The chief executive may invite expressions of interest for a 16 commercial activity agreement for the activity for the area 17 from-- 18 (a) only the holders of a commercial activity permit for the 19 activity for the area; or 20 (b) the members of the public the chief executive 21 reasonably believes would be interested in submitting an 22 expression of interest for the agreement. 23 (2) The invitation must be made in the way the chief executive 24 considers appropriate having regard to the need to ensure the 25 invitees-- 26 (a) are made aware that the process is being conducted; and 27 (b) have enough time to make an appropriate submission. 28 (3) The invitation must state the following-- 29 (a) the commercial activity and the recreation area that will 30 be the subject of the agreement; 31

 


 

s 75 52 s 75 Recreation Areas Management Bill 2005 (b) if the commercial activity is a prescribed commercial 1 activity for the area-- 2 (i) that the commercial activity is a prescribed 3 commercial activity for the area; and 4 (ii) that, under section 111(2), a person may only 5 conduct the prescribed commercial activity in the 6 area under a commercial activity agreement; 7 (c) if the expression of interest process is only open to the 8 holders of a commercial activity permit for the activity 9 for the area--that only those holders may submit an 10 expression of interest for the agreement; 11 (d) how the expression of interest may be submitted to the 12 chief executive; 13 (e) the day and time by which the expression of interest 14 must be submitted to the chief executive; 15 (f) that a fee prescribed under a regulation is payable for 16 submitting the expression of interest; 17 (g) that details of each of the following are available at a 18 stated place-- 19 (i) the matters the chief executive will consider to 20 decide whether to enter into the agreement; 21 (ii) any proposed conditions of the agreement that are 22 likely to impact on the conducting of the activity 23 under the agreement. 24 75 Requirements for submissions 25 An expression of interest for a commercial activity agreement 26 must be-- 27 (a) in writing; and 28 (b) accompanied by the fee prescribed under a regulation; 29 and 30 (c) submitted in the way, and by the day and time, stated in 31 the invitation under section 74. 32

 


 

s 76 53 s 78 Recreation Areas Management Bill 2005 76 Requirements for process of deciding 1 (1) Subject to section 70(3), any process the chief executive 2 considers appropriate may be used to decide which 3 expressions of interest should be further negotiated toward a 4 commercial activity agreement. 5 (2) Without limiting subsection (1), in considering an expression 6 of interest, the chief executive must have regard to-- 7 (a) the matters the chief executive must have regard to for 8 considering an application for a commercial activity 9 permit; and 10 (b) any other matter the chief executive reasonably 11 considers relevant. 12 77 Chief executive may request further information 13 (1) Without limiting section 76(1), the chief executive may also, 14 by written notice, ask the submitter to give the chief executive 15 further reasonable information by the date, not less than 20 16 business days after the submitter receives the notice, stated in 17 the notice. 18 (2) If the submitter does not, without reasonable excuse, give the 19 chief executive the further information by the stated day-- 20 (a) the submission is taken to have been withdrawn; and 21 (b) the chief executive must give the applicant a written 22 notice stating that-- 23 (i) under this section the application is taken to be 24 withdrawn; and 25 (ii) the applicant may make a new application. 26 (3) However, the chief executive may extend the period for the 27 applicant to give the further information. 28 78 Amending the submission 29 If the chief executive agrees, the submitter may amend the 30 submission before the chief executive has finished 31 considering it. 32

 


 

s 79 54 s 83 Recreation Areas Management Bill 2005 79 Notice to unsuccessful submitters 1 The chief executive must, within 14 days after making a 2 decision under section 76, give each unsuccessful submitter a 3 written notice about the decision. 4 Division 3 Application process 5 80 Application of div 3 6 This division applies if the chief executive uses an application 7 process for entering into a commercial activity agreement for 8 conducting a commercial activity in a recreation area. 9 81 Applying for commercial activity agreement 10 (1) A person may apply to the chief executive for a commercial 11 activity agreement for conducting a commercial activity in 12 recreation area. 13 (2) The application must be-- 14 (a) in writing; and 15 (b) accompanied by the fee prescribed under a regulation. 16 82 Matters to be considered for application 17 In considering the application, the chief executive must have 18 regard to-- 19 (a) the matters the chief executive must have regard to for 20 considering an application for a commercial activity 21 permit; and 22 (b) any other matter the chief executive reasonably 23 considers relevant. 24 83 Chief executive may request further information 25 (1) The chief executive may, by written notice, ask the applicant 26 to give the chief executive further reasonable information by 27 the date, not less than 20 business days after the applicant 28 receives the notice, stated in the notice. 29

 


 

s 84 55 s 86 Recreation Areas Management Bill 2005 (2) If the applicant does not, without reasonable excuse, give the 1 chief executive the further information by the stated day-- 2 (a) the application is taken to have been withdrawn; and 3 (b) the chief executive must give the applicant written 4 notice stating that-- 5 (i) under this section the application is taken to be 6 withdrawn; and 7 (ii) the applicant may make a new application. 8 (3) However, the chief executive may extend the period for the 9 applicant to give the further information. 10 84 Amending the application 11 If the chief executive agrees, the applicant may amend the 12 application before the chief executive has finished considering 13 it. 14 85 Application of s 51 to commercial activity agreements 15 Section 51 applies for the chief executive when considering 16 the grant of an application for a commercial activity 17 agreement as if-- 18 (a) a reference in section 51 to a permit were a reference to 19 a commercial activity agreement; and 20 (b) a reference in section 51 to the applicant were a 21 reference to the person seeking to enter into the 22 agreement with the chief executive. 23 86 Negotiating application for commercial activity 24 agreement 25 (1) The chief executive must consider each application for a 26 commercial activity agreement and decide-- 27 (a) to negotiate the signing of a commercial activity 28 agreement for the application; or 29 (b) to refuse to negotiate the signing of a commercial 30 activity agreement for the application. 31

 


 

s 87 56 s 89 Recreation Areas Management Bill 2005 (2) The chief executive must give the applicant written notice of 1 the decision within 10 business days of making the decision. 2 (3) If the decision is a refusal under subsection (1)(b), the notice 3 must be an information notice. 4 87 Steps to be taken after application decided 5 (1) If, after negotiation, the chief executive decides to enter into a 6 commercial activity agreement, the chief executive must, as 7 soon as practicable after making the decision, enter into the 8 agreement with the applicant. 9 (2) If, after negotiation, the chief executive decides to refuse to 10 enter into a commercial activity agreement, the chief 11 executive must, within 10 business days after making the 12 decision, give the applicant an information notice for the 13 decision. 14 Division 4 Requirements applying to and 15 nature of agreements 16 88 Term and review of commercial activity agreements 17 (1) A commercial activity agreement must not be for a term 18 longer than 10 years from the day the agreement commences. 19 (2) However, the agreement may allow for the term of the 20 agreement to be extended at any time, so long as the term of 21 the agreement is not, at any time, longer than 10 years. 22 (3) The agreement may also provide for-- 23 (a) reviews of the agreement to be conducted at stated 24 intervals; and 25 (b) the matters to be considered at the review. 26 89 Nature of commercial activity agreements 27 A commercial activity agreement-- 28 (a) authorises the party to the agreement other than the 29 chief executive (the other party for the agreement) to 30

 


 

s 90 57 s 90 Recreation Areas Management Bill 2005 conduct, subject to the conditions stated in the 1 agreement, the commercial activity stated in the 2 agreement in the recreation area, or the part of the 3 recreation area, stated in the agreement; and 4 (b) may be transferred in the way mentioned in division 6. 5 Division 5 Amendment, termination and 6 suspension of agreement by chief 7 executive 8 90 Immediate amendment or suspension of commercial 9 activity agreements for safety or conservation 10 (1) This section applies if the chief executive reasonably believes 11 a commercial activity agreement should be amended or the 12 authorisation under it suspended-- 13 (a) to secure the safety of a person or a person's property; or 14 (b) because of a fire or other natural disaster; or 15 (c) to conserve or protect the cultural or natural resources of 16 the recreation area to which the agreement applies. 17 (2) The chief executive may, verbally or by signs, advise the other 18 party to the agreement that-- 19 (a) the agreement is taken to be amended in the way the 20 chief executive advises; or 21 (b) the authorisation under the agreement is suspended, to 22 the extent the chief executive advises. 23 (3) If the chief executive acts under subsection (2), the 24 amendment or suspension takes effect immediately after the 25 other party is advised of the amendment or suspension and 26 continues until the chief executive advises that the chief 27 executive is satisfied the reason for the amendment or 28 suspension no longer exists. 29 (4) The effect of the amendment does not depend on the 30 amendment being noted on the agreement. 31

 


 

s 91 58 s 91 Recreation Areas Management Bill 2005 (5) The chief executive must as soon as practicable put a notice 1 on the department's web site advising when the amendment or 2 suspension no longer applies. 3 (6) In this section-- 4 sign includes a sign erected-- 5 (a) at or near a usual access point to the recreation area; or 6 (b) in a position that would normally be seen by a person 7 accessing the area. 8 91 Amending commercial activity agreements (other than 9 immediately) 10 (1) The chief executive may amend a commercial activity 11 agreement other than immediately-- 12 (a) if the chief executive reasonably believes-- 13 (i) the agreement was obtained because of incorrect or 14 misleading information; or 15 (ii) the other party to the agreement has contravened a 16 condition of the agreement; or 17 (iii) the other party to the agreement is no longer a 18 suitable person to be a party to the agreement; or 19 (iv) the amendment is necessary having regard to the 20 purpose of this Act; or 21 (b) if the other party to the agreement is convicted of an 22 offence against this Act or the repealed Act; or 23 (c) to secure the safety of a person or a person's property; or 24 (d) to conserve or protect the cultural or natural resources of 25 the recreation area to which the agreement applies; or 26 (e) if the agreement relates to an area that has been declared 27 as a restricted access area or an area closed to the public. 28 (2) If the chief executive decides to make the amendment, the 29 chief executive may give the other party to the agreement a 30 written notice stating each of the following-- 31 (a) the proposed amendment; 32 (b) the ground for the proposed amendment; 33

 


 

s 92 59 s 92 Recreation Areas Management Bill 2005 (c) an outline of the facts and circumstances forming the 1 basis for the ground; 2 (d) an invitation to make written representations, within a 3 stated period of at least 20 business days after the notice 4 is given, about why the proposed amendment should not 5 be made. 6 (3) The chief executive may amend the agreement, if, after 7 considering any representations made within the stated 8 period, the chief executive still believes the amendment 9 should be made-- 10 (a) in the way stated in the notice; or 11 (b) in another way, having regard to the representations. 12 (4) If the chief executive amends the agreement, the chief 13 executive must give the other party an information notice 14 about the decision. 15 (5) The amendment takes effect on the later of the following 16 days-- 17 (a) the day when the information notice is given to the other 18 party; 19 (b) the day of effect stated in the information notice. 20 (6) The effect of the amendment does not depend on the 21 amendment being noted on the agreement. 22 (7) If the chief executive decides not to make the amendment, the 23 chief executive must as soon as practicable after making the 24 decision give the other party written notice of the decision. 25 92 Cancelling commercial activity agreements or 26 suspending authorisations under agreements (other than 27 immediately) 28 The chief executive may cancel a commercial activity 29 agreement or suspend the authorisation under the agreement 30 other than immediately-- 31 (a) for a reason mentioned in section 90(1); or 32 (b) if the chief executive reasonably believes-- 33

 


 

s 93 60 s 93 Recreation Areas Management Bill 2005 (i) the agreement was obtained because of incorrect or 1 misleading information; or 2 (ii) the other party to the agreement has contravened a 3 condition of the agreement; or 4 (iii) the other party to the agreement is no longer a 5 suitable person to be a party to the agreement; or 6 (c) if the other party to the agreement is convicted of an 7 offence against this Act; or 8 (d) if the chief executive reasonably believes the activities 9 being conducted under the agreement are having an 10 unacceptable impact on-- 11 (i) the conservation of cultural or natural resources of 12 the recreation area to which it applies; or 13 (ii) the amenity of the recreation area to which it 14 applies and areas adjacent to the area; or 15 (e) if the chief executive reasonably believes the activities 16 being conducted under the agreement are threatening 17 public health or safety; or 18 (f) if the chief executive reasonably believes the 19 cancellation or suspension is necessary to ensure the fair 20 and equitable access to the area. 21 22 Example for paragraph (f)-- 23 environmental factors have affected the availability of public 24 access to a recreation area to which the commercial activity 25 agreement applies and the agreement currently restricts the 26 remaining access to the area 93 Process for cancelling or suspending under s 92 27 (1) The chief executive may take action (the proposed action) 28 under section 92 by giving the other party to the agreement a 29 written notice stating each of the following-- 30 (a) the proposed action; 31 (b) the ground for the proposed action; 32 (c) an outline of the facts and circumstances forming the 33 basis for the ground; 34

 


 

s 93 61 s 93 Recreation Areas Management Bill 2005 (d) if the proposed action is suspension of the 1 agreement--the proposed suspension period; 2 (e) an invitation to make written representations, within a 3 stated period of at least 20 business days after the notice 4 is given, about why the proposed action should not be 5 taken. 6 (2) If, after considering any representations made within the 7 stated period, the chief executive still considers the ground to 8 take the proposed action exists, the chief executive may 9 decide-- 10 (a) if the proposed action was to suspend the authorisation 11 under the agreement--to suspend the authorisation for 12 not longer than the proposed suspension period; or 13 (b) if the proposed action was to cancel the 14 agreement--either to cancel it or to suspend the 15 authorisation under it for a period. 16 (3) If the chief executive decides to cancel or suspend the 17 authorisation under the agreement, the chief executive must 18 give the other party to the agreement an information notice 19 about the decision. 20 (4) A decision to cancel or suspend the authorisation under the 21 agreement takes effect on the later of the following days-- 22 (a) the day when the information notice is given to the other 23 party to the agreement; 24 (b) the day of effect stated in the information notice. 25 (5) If the chief executive decides not to take the proposed action, 26 the chief executive must as soon as practicable after making 27 the decision give the other party to the agreement written 28 notice of the decision. 29 (6) Despite subsections (3) and (4), if the authorisation under a 30 commercial activity agreement is suspended because of the 31 conviction of a person for an offence and the conviction is 32 quashed, the suspension period ends on the day the conviction 33 is quashed. 34 (7) Also, despite subsections (3) and (4), if a commercial activity 35 agreement is cancelled because of the conviction of a person 36

 


 

s 94 62 s 96 Recreation Areas Management Bill 2005 for an offence and the conviction is quashed, the cancellation 1 has no further effect. 2 Division 6 Transfer of authorisations under 3 commercial activity agreements 4 94 Application to transfer authorisation under commercial 5 activity agreement 6 (1) The other party to a commercial activity agreement (the 7 seller) may transfer the authorisation under the agreement to 8 another person (the buyer). 9 (2) The seller and the buyer must apply to the chief executive 10 to-- 11 (a) approve the transfer; and 12 (b) if the chief executive approves the transfer, give effect to 13 the transfer under this division. 14 95 Approval or non approval of transfer 15 (1) The chief executive may approve the transfer only if the chief 16 executive is satisfied the buyer is a suitable person for the 17 commercial activity the subject of the authorisation. 18 (2) If the chief executive refuses to approve the transfer, the chief 19 executive must give the seller and buyer an information notice 20 for the decision. 21 96 Giving effect to transfer 22 (1) This section applies if-- 23 (a) the chief executive approves the transfer; and 24 (b) the fee prescribed under a regulation for amending a 25 commercial activity agreement to give effect to the 26 transfer has been paid; and 27 (c) if the buyer has to enter into a commercial activity 28 agreement with the chief executive--the fee prescribed 29

 


 

s 97 63 s 97 Recreation Areas Management Bill 2005 under a regulation for an application for the commercial 1 activity agreement has been paid; and 2 (d) all fees payable by the seller under the seller's 3 commercial activity agreement have been paid. 4 (2) If the seller transfers all of the authorisation under the 5 agreement, the chief executive must give effect to the transfer 6 by cancelling the seller's agreement and-- 7 (a) if the buyer is the other party to another commercial 8 activity agreement--amending the other agreement to 9 reflect the transfer; or 10 (b) if the buyer is not the other party to another commercial 11 activity agreement--entering into, with the buyer, a 12 commercial activity agreement for conducting the 13 commercial activity the subject of the authorisation. 14 (3) If the seller transfers only part of the authorisation under the 15 agreement, the chief executive must give effect to the transfer 16 by amending the seller's commercial activity agreement to 17 reflect the transfer and-- 18 (a) if the buyer is the other party to another commercial 19 activity agreement--amending the other agreement to 20 reflect the transfer; or 21 (b) if the buyer is not the other party to another commercial 22 activity agreement--entering into, with the buyer, a 23 commercial activity agreement for the conducting of the 24 commercial activity the subject of the authorisation. 25 Division 7 General provisions about 26 commercial activity agreements 27 97 Declaration of prescribed commercial activity 28 (1) The chief executive may, by public notice, declare a 29 commercial activity to be a prescribed commercial activity for 30 a recreation area. 31 (2) The notice must state the following-- 32 (a) the stated commercial activity is a prescribed 33 commercial activity for the stated recreation area; 34

 


 

s 98 64 s 98 Recreation Areas Management Bill 2005 (b) that, under section 111(2), a person may conduct the 1 prescribed commercial activity in the area only under a 2 commercial activity agreement; 3 (c) how the person may obtain further information about 4 entering into a commercial activity agreement for the 5 conducting of the prescribed commercial activity in the 6 area. 7 (3) The chief executive must also publish the notice on the 8 department's web site. 9 (4) In deciding whether to make the declaration, the chief 10 executive must have regard to the following-- 11 (a) the purpose of this Act; 12 (b) the orderly and proper management of the area; 13 (c) the conservation of the cultural and natural resources of 14 the area; 15 (d) the existing use and amenity, and the future or desirable 16 use and amenity, of the recreation area, and areas 17 adjacent to the recreation area, including the likely 18 cumulative effect of the proposed use and other uses on 19 the area; 20 (e) the likely contributions that potential parties to 21 commercial activity agreements applying to the 22 recreation area will make to the management of the area, 23 including for example, contributions to the conservation 24 and presentation of the values of the area. 25 98 Commercial activity agreement taken to be authorisation 26 under other Acts 27 A commercial activity agreement authorising an activity in a 28 recreation area is, for the Nature Conservation Act 1992 and 29 the Forestry Act 1959, taken to be an authorisation permitting 30 the activity in the area under those Acts. 31

 


 

s 99 65 s 100 Recreation Areas Management Bill 2005 Part 6 Regulatory and other notices 1 and restricted access areas 2 Division 1 Regulatory and other notices 3 99 Regulatory notices 4 (1) This section applies for an activity that-- 5 (a) relates to a public health and safety act; or 6 (b) under this Act may be authorised, regulated or 7 prohibited by a regulatory notice. 8 (2) The chief executive may erect or display a notice (a 9 regulatory notice) in, at or near the entrance to a recreation 10 area or part of the area to which the notice relates. 11 (3) If the chief executive erects a regulatory notice, the notice 12 must-- 13 (a) be easily visible to passers-by; and 14 (b) specify the limits of the area to which the notice applies; 15 and 16 (c) state the activity to which it applies and how the activity 17 is authorised, regulated or prohibited. 18 (4) The notice may expressly state that a contravention of a 19 requirement of the notice is an offence against this Act and the 20 penalty for the offence. 21 100 Regulatory information notices 22 (1) This section applies if a regulatory notice for a recreation area 23 or part of the area does not expressly state that a contravention 24 of a requirement of the notice is an offence against this Act 25 and the penalty for the offence. 26 (2) The chief executive must erect or display in, at or near an 27 entrance to the recreation area, or the part of the area, to which 28 the regulatory notice relates, and other places the chief 29 executive considers appropriate, a notice (a regulatory 30 information notice) expressly stating-- 31

 


 

s 101 66 s 101 Recreation Areas Management Bill 2005 (a) that a contravention of a requirement of the regulatory 1 notice is an offence against this Act; and 2 (b) the penalty for the offence. 3 (3) The regulatory information notice must be easily visible to 4 passers-by. 5 (4) The regulatory information notice may contain other 6 information about the recreation area the chief executive 7 considers appropriate. 8 Division 2 Restricted access areas 9 101 Immediate declaration of restricted access area 10 (1) The chief executive may declare all or part of a recreation area 11 to be a restricted access area by erecting or displaying a notice 12 (a restricted access area notice) in, at or near an entrance to 13 the restricted access area. 14 (2) The chief executive may make the declaration only if the chief 15 executive considers that access to, or activity in, the restricted 16 access area should immediately be restricted or prohibited-- 17 (a) to secure the safety of a person or a person's property; or 18 (b) because of a fire or other natural disaster; or 19 (c) to conserve or protect the cultural or natural resources of 20 the recreation area or native wildlife. 21 (3) The restricted access area notice must-- 22 (a) be easily visible to passers-by; and 23 (b) specify the limits of the area to which the notice applies; 24 and 25 (c) state how access to, or activity in, the area is restricted 26 or prohibited; and 27 (d) state that a contravention of a requirement of the notice 28 is an offence against this Act and the penalty for the 29 offence. 30 (4) When the notice is erected or displayed, the chief executive-- 31

 


 

s 102 67 s 102 Recreation Areas Management Bill 2005 (a) must publish a copy of the notice on the department's 1 web site; and 2 (b) may publish the notice in other ways the chief executive 3 considers appropriate. 4 (5) If the chief executive is satisfied the reason for making the 5 declaration no longer exists, the chief executive must remove 6 the restricted access area notice as soon as practicable. 7 102 Declaration of restricted access area (other than 8 immediately) 9 (1) A regulation may, for a purpose mentioned in subsection (2) 10 declare-- 11 (a) all or part of a recreation area to be a restricted access 12 area; or 13 (b) an area that is under section 101 a restricted access area 14 to continue to be a restricted access area under this 15 section. 16 (2) The following are purposes for subsection (1)-- 17 (a) the conservation of the cultural or natural resources of 18 the area, including, for example-- 19 (i) to protect significant cultural or natural resources; 20 or 21 (ii) to enable the restoration or rehabilitation of the 22 area or part; or 23 (iii) to protect a breeding area for native wildlife; or 24 (iv) to manage a significant Aboriginal area in the area 25 in a way that is consistent with Aboriginal 26 tradition; or 27 (v) to manage a significant Torres Strait Islander area 28 in the area in a way that is consistent with Island 29 custom; 30 (b) protection of individuals from potential danger; 31 (c) protection of a facility or service in the area, including, 32 for example, infrastructure, water supply facilities or 33 power generating equipment; 34

 


 

s 103 68 s 103 Recreation Areas Management Bill 2005 (d) protection of the amenity of an area adjacent to the area; 1 (e) the orderly or proper management of the area. 2 (3) The regulation may be made only after the consultation 3 process mentioned in section 103 has been completed for the 4 declaration. 5 (4) The declaration has effect-- 6 (a) on the day stated in the regulation; or 7 (b) if no day is stated in the regulation--on the day the 8 regulation is notified in the gazette. 9 (5) The chief executive must, as soon as possible after the 10 declaration has effect, erect or display a restricted access area 11 notice in, at or near an entrance to the restricted access area. 12 (6) Section 101(3) and (4) applies for the notice. 13 (7) In this section-- 14 significant Aboriginal area see the Aboriginal Cultural 15 Heritage Act 2003, section 9.1 16 significant Torres Strait Islander area see the Torres Strait 17 Islander Cultural Heritage Act 2003, section 9.2 18 103 Consultation with stakeholders about declarations (other 19 than immediately) 20 (1) This section applies if the nature or extent of activities being 21 conducted, or to be conducted under a commercial activity 22 permit or a commercial activity agreement would be 23 significantly affected by the making of a regulation under 24 section 102. 25 (2) The chief executive must, give the holder of the permit or the 26 other party to the agreement a written notice stating the 27 following-- 28 1 Aboriginal Cultural Heritage Act 2003, section 9 (Meaning of significant Aboriginal area) 2 Torres Strait Islander Cultural Heritage Act 2003, section 9 (Meaning of significant Torres Strait Islander area)

 


 

s 104 69 s 104 Recreation Areas Management Bill 2005 (a) consideration is being given to the making of a 1 regulation under section 102; 2 (b) the holder or other party is invited to make written 3 submissions, in relation to the proposed declaration. 4 (3) The submissions must be made to the chief executive-- 5 (a) at the address stated in the notice; and 6 (b) within the period, of at least 20 business days, stated in 7 the notice. 8 (4) The chief executive must consider all submissions received in 9 response to the notice. 10 104 When declarations end 11 (1) A declaration made under section 101 for a restricted access 12 area ends on the day the earlier of the following happens-- 13 (a) the chief executive removes the restricted access area 14 notice for the area; 15 (b) 6 months after the notice was erected or displayed. 16 (2) A declaration made under section 102 for a restricted access 17 area ends on the day the declaration is revoked. 18 (3) If under subsection (1)(b) or (2) a declaration ends, the chief 19 executive must remove the restricted access area notice for the 20 restricted access area as soon as practicable. 21 (4) When a restricted access area notice for a restricted access 22 area is removed, the chief executive-- 23 (a) must remove the copy of the notice on the department's 24 web site; and 25 (b) must publish notice of the removal in the same way the 26 chief executive published the notice under section 27 101(4). 28

 


 

s 105 70 s 106 Recreation Areas Management Bill 2005 Division 3 Effect of notices 1 105 Restricted access area notices and regulatory notices 2 prevail over permits, agreements, or authorities 3 If there is an inconsistency between a restricted access area 4 notice or a regulatory notice and any of the following, the 5 notice prevails to the extent of the inconsistency-- 6 (a) a permit; 7 (b) a commercial activity agreement; 8 (c) an authority issued under this or another Act. 9 Part 7 Offences 10 Division 1 Access to, using and conduct in 11 recreation areas 12 106 Unlawfully entering restricted access area 13 A person must not enter or remain in a restricted access area 14 unless the person-- 15 (a) enters the area under a written approval from the chief 16 executive; or 17 (b) enters the area under a commercial activity permit or 18 commercial activity agreement that specifically 19 authorises entry to the restricted access area; or 20 (c) has a reasonable excuse. 21 Maximum penalty--80 penalty units. 22

 


 

s 107 71 s 109 Recreation Areas Management Bill 2005 107 Failing to comply with particular regulatory notices 1 A person in a recreation area must comply with a regulatory 2 notice regulating or prohibiting a public health and safety act, 3 unless the person has a reasonable excuse. 4 Maximum penalty--50 penalty units. 5 108 Unlawful camping 6 (1) A person must not camp in a recreation area unless authorised 7 by a camping permit, group activity permit, commercial 8 activity permit or commercial activity agreement. 9 Maximum penalty--20 penalty units. 10 (2) However, subsection (1) does not apply if-- 11 (a) a corresponding authority authorises the person to camp 12 in an area that is also a recreation area and the person 13 complies with the authority and the Act under which the 14 authority was issued; or 15 (b) the person is camping in a vessel anchored or moored 16 below low water mark in the area. 17 (3) The holder of a camping permit must not allow more people 18 to camp under the permit than the number authorised under 19 the permit. 20 Maximum penalty--20 penalty units. 21 (4) A person must not camp in a recreation area contrary to a 22 regulatory notice. 23 Maximum penalty--80 penalty units. 24 109 Unlawful use of motor vehicles 25 (1) A person must not take a motor vehicle into a recreation area 26 or drive or ride a motor vehicle in a recreation area unless the 27 taking, driving or riding is authorised by a vehicle access 28 permit, commercial activity permit or commercial activity 29 agreement. 30 Maximum penalty--20 penalty units. 31 (2) However, subsection (1) does not apply for-- 32

 


 

s 110 72 s 111 Recreation Areas Management Bill 2005 (a) the Inskip Peninsula recreation area; or 1 (b) a recreation area or part of a recreation area prescribed 2 under a regulation; or 3 (c) an emergency vehicle or another class of vehicle 4 prescribed under a regulation. 5 (3) In this section-- 6 emergency vehicle includes the following-- 7 (a) an ambulance; 8 (b) a fire engine; 9 (c) a police vehicle; 10 (d) another vehicle, including a tow truck, helicopter or 11 mobile crane, if used in circumstances of an emergency. 12 110 Unlawful conduct of group activity 13 A person must not conduct a group activity in a recreation 14 area unless the person conducts the activity under a group 15 activity permit, commercial activity permit or commercial 16 activity agreement. 17 Maximum penalty--50 penalty units. 18 111 Unlawfully conducting commercial activity 19 (1) A person must not conduct a commercial activity in a 20 recreation area unless the person is authorised to conduct the 21 activity under-- 22 (a) a commercial activity permit; or 23 (b) a commercial activity agreement. 24 Maximum penalty--165 penalty units. 25 (2) If a commercial activity is a prescribed commercial activity 26 for a recreation area, a person must not conduct the activity in 27 the area except under-- 28 (a) a commercial activity agreement; or 29

 


 

s 112 73 s 114 Recreation Areas Management Bill 2005 (b) a commercial activity permit that is in force when the 1 prescribed commercial activity is declared under section 2 97 and is still in force. 3 Maximum penalty for subsection (2)--165 penalty units. 4 112 Compliance with recreation management conditions 5 A person acting under a commercial activity agreement must 6 comply with each recreation management condition of the 7 agreement. 8 Maximum penalty--80 penalty units. 9 113 Unauthorised interference with cultural or natural 10 resources 11 (1) A person must not interfere with a cultural or natural resource 12 of a recreation area unless the person has the chief executive's 13 written approval. 14 Maximum penalty--165 penalty units. 15 (2) However, subsection (1) does not apply if a corresponding 16 authority authorises the person to interfere with the resource 17 in the area and the person complies with the authority and the 18 Act under which the authority was issued. 19 (3) Also, taking a fish in accordance with the Fisheries Act 1994, 20 is not interfering with a cultural or natural resource, unless the 21 taking is prohibited in the area by another Act. 22 (4) In this section-- 23 interfere with, in relation to a cultural or natural resource, 24 includes destroy, damage, mark, move or dig up the resource. 25 114 Unauthorised structures and works 26 (1) A person must not erect or keep a structure, other than a 27 camping structure under a camping permit, or carry out works 28 in a recreation area-- 29 (a) without the chief executive's written approval; or 30 (b) in contravention of the approval. 31

 


 

s 115 74 s 115 Recreation Areas Management Bill 2005 Maximum penalty--165 penalty units. 1 (2) However, subsection (1) does not apply if a corresponding 2 authority authorises the person to erect or keep the structure or 3 carry out the works in the area and the person complies with 4 the authority and the Act under which the authority was 5 issued. 6 Division 2 Fires 7 115 Unlawful lighting of fires 8 (1) A person must not, at any time, light a fire on a beach 9 adjoining a lake in a recreation area. 10 Maximum penalty--80 penalty units. 11 (2) A person must not light a fire, or a type of fire, in a recreation 12 area, or part of a recreation area, if lighting a fire, or the type 13 of fire, is prohibited, in the area or part, by-- 14 (a) a regulatory notice; or 15 (b) a condition of a permit; or 16 (c) another authority held by the person. 17 18 Example of types of fires-- 19 · a fire using a material other than sawn timber 20 · a fire using a material other than timber provided in the recreation 21 area for making fires Maximum penalty--165 penalty units. 22 (3) A person must not light, keep or use a fire in a place, in a 23 recreation area, other than-- 24 (a) a barbecue or fireplace provided by the chief executive; 25 or 26 (b) if a barbecue or fireplace is not provided--a place that is 27 more than 2m from flammable material. 28 Maximum penalty--165 penalty units. 29 (4) This section does not apply to-- 30

 


 

s 116 75 s 117 Recreation Areas Management Bill 2005 (a) a person lighting a fire with the written approval of the 1 chief executive; or 2 (b) a person lighting or using a specified cooking or heating 3 appliance or lighting or smoking a smoking product if 4 the person takes reasonable steps to ensure the lighting, 5 using or smoking does not result in damage to-- 6 (i) a cultural or natural resource of the recreation area; 7 or 8 (ii) property, other than property owned by the person, 9 in the recreation area. 10 (5) In this section-- 11 smoking product see the Tobacco and Other Smoking 12 Products Act 1998, schedule. 13 116 Unattended fires 14 (1) A person who lights or assumes control of a fire in a 15 recreation area must put the fire out before leaving the fire. 16 Maximum penalty--165 penalty units. 17 (2) Subsection (1) does not apply to the person if another person 18 assumes control of the fire before the person mentioned in 19 subsection (1) leaves the fire. 20 117 Unauthorised things relating to fires 21 (1) A person must not deposit any of the following in a recreation 22 area-- 23 (a) a lit match, pipe, cigar, cigarette or tobacco; 24 (b) hot ashes; 25 (c) a burning or smouldering substance; 26 (d) a substance or device that ignites on impact or by 27 spontaneous combustion. 28 Maximum penalty--165 penalty units. 29 (2) Subsection (1) does not apply to a person depositing a thing 30 mentioned in subsection (1) for-- 31

 


 

s 118 76 s 118 Recreation Areas Management Bill 2005 (a) lighting or using a specified cooking or heating 1 appliance; or 2 (b) lighting a fire in a barbecue or fireplace provided by the 3 chief executive; or 4 (c) if a barbecue or fireplace is not provided by the chief 5 executive for the area--lighting a fire in a place that is 6 more than 2m from flammable material. 7 Division 3 Animals and plants 8 118 Unauthorised feeding of animals 9 (1) A person in a recreation area must not, without the chief 10 executive's written approval, feed an animal that is dangerous, 11 venomous or capable of injuring a person. 12 Maximum penalty--40 penalty units. 13 (2) A person in a recreation area must not, without the chief 14 executive's written approval, feed an animal if a regulatory 15 notice prohibits the feeding of the animal. 16 Maximum penalty--40 penalty units. 17 (3) However, a person may, without the chief executive's written 18 approval, feed-- 19 (a) a guide dog in a recreation area; or 20 (b) another domesticated dog under control in the Inskip 21 Peninsula recreation area or another recreation area 22 prescribed under a regulation; or 23 (c) an animal taken into the recreation area under a 24 corresponding authority or a regulatory notice. 25 (4) In this section-- 26 feed, in relation to an animal, includes-- 27 (a) use food to tease or lure the animal; and 28 (b) attempt to feed the animal. 29

 


 

s 119 77 s 120 Recreation Areas Management Bill 2005 119 Unauthorised disturbance of animals 1 (1) A person in a recreation area must not disturb an animal if-- 2 (a) it is dangerous, venomous or capable of injuring a 3 person; or 4 (b) a regulatory notice prohibits the disturbance of the 5 animal. 6 Maximum penalty--40 penalty units. 7 (2) Subsection (1) does not apply to a person who disturbs an 8 animal-- 9 (a) with the chief executive's written approval; or 10 (b) in the course of a lawful activity that was not directed 11 towards the disturbance if the disturbance could not 12 have been reasonably avoided. 13 (3) In this section-- 14 disturb, an animal, means approach, lure, pursue, tease or 15 attempt to disturb the animal. 16 120 Food to be kept from animals 17 (1) A person in a recreation area must ensure food in the person's 18 possession or under the person's control is kept-- 19 (a) in a way that prevents an animal that is dangerous, 20 venomous or capable of injuring a person from gaining 21 access to the food; or 22 (b) if a regulatory notice states the way in which the food 23 must be kept--in the stated way. 24 Maximum penalty--40 penalty units. 25 (2) In subsection (1)-- 26 food does not include food-- 27 (a) at the time it is being consumed by a person or prepared 28 for human consumption; or 29 (b) that is lawfully deposited or disposed of under this Act; 30 or 31 (c) given to a guide dog; or 32

 


 

s 121 78 s 122 Recreation Areas Management Bill 2005 (d) given to another domesticated dog under control in the 1 Inskip Peninsula recreation area or another recreation 2 area prescribed under a regulation; or 3 (e) given to an animal taken into the recreation area in 4 accordance with a corresponding authority or regulatory 5 notice. 6 121 Restriction on animals in recreation area 7 (1) A person must not, other than in accordance with the chief 8 executive's written approval or a corresponding authority-- 9 (a) take a live animal into a recreation area; or 10 (b) keep a live animal in a recreation area. 11 Maximum penalty--20 penalty units. 12 (2) In subsection (1)-- 13 animal does not include-- 14 (a) a guide dog; or 15 (b) a fish, sand crab or mud crab lawfully taken in a 16 recreation area or a place adjacent to the area; or 17 (c) an invertebrate animal lawfully taken in a recreation 18 area or a place adjacent to the area for use as bait for 19 fishing; or 20 (d) an animal taken into the recreation area in the way 21 prescribed under a regulatory notice or a regulation. 22 122 Taking into and keeping of dogs in recreation areas 23 (1) A person must not take a dog into, or keep a dog in, a 24 recreation area unless the dog is under control. 25 Maximum penalty--20 penalty units. 26 (2) A person who takes a dog into, or keeps a dog in, a recreation 27 area must, if the dog defecates in the area-- 28 (a) immediately collect the faeces deposited by the dog and 29 enclose them in a secure bag or wrapping; and 30

 


 

s 123 79 s 124 Recreation Areas Management Bill 2005 (b) deposit the enclosed faeces in 1 of the bins provided in 1 the area or in the way prescribed under a regulatory 2 notice. 3 Maximum penalty--20 penalty units. 4 123 Unlawfully bringing plants into recreation areas 5 (1) A person must not take a plant into a recreation area unless-- 6 (a) it is for consumption by humans as food; or 7 (b) the person takes the plant into the area in accordance 8 with-- 9 (i) the chief executive's written approval; or 10 (ii) a regulatory notice; or 11 (iii) a corresponding authority; or 12 (iv) a regulation. 13 Maximum penalty--50 penalty units. 14 (2) In this section-- 15 plant includes part of a plant. 16 Division 4 Pollution and waste 17 124 Polluting and misusing water 18 (1) A person must not pollute a dam, lake or watercourse in a 19 recreation area. 20 Maximum penalty--50 penalty units. 21 (2) Without limiting subsection (1), a person pollutes a dam, lake 22 or watercourse if the person-- 23 (a) discharges waste from a boat into the dam, lake or 24 watercourse; or 25 (b) uses soap, detergent or shampoo in the dam, lake or 26 watercourse; or 27 (c) puts oil, grease or a harmful or dangerous substance in 28 the dam, lake or watercourse; or 29

 


 

s 125 80 s 125 Recreation Areas Management Bill 2005 (d) washes a vehicle, clothing, cooking utensils or another 1 thing in the dam, lake or watercourse. 2 (3) A person must not, in a recreation area-- 3 (a) take water from a lake, watercourse or other water 4 storage, other than for personal use within the area; or 5 (b) dam or divert a watercourse; or 6 (c) tamper with or damage a water supply or water storage 7 facility; or 8 (d) allow water from a tap to run to waste. 9 Maximum penalty--50 penalty units. 10 (4) Subsection (3) does not apply to the person doing a thing 11 mentioned in subsection (3) if-- 12 (a) the person has the written approval of the chief 13 executive to do the thing; or 14 (b) the person has a corresponding authority authorising the 15 person to do the thing and the person complies with the 16 authority and the Act under which the authority was 17 given. 18 125 Unlawful disposal of offensive or harmful substances 19 (1) A person must not bury or otherwise dispose of, or leave, a 20 noxious, offensive or harmful substance or animal waste in a 21 recreation area. 22 Maximum penalty--120 penalty units. 23 (2) Subsection (1) does not apply to the animal waste of a fish or 24 crab taken in a recreation area, or a place adjacent to a 25 recreation area, if a person deposits or disposes of the waste-- 26 (a) in a receptacle provided by the chief executive 27 specifically for depositing or disposing of the waste; or 28 (b) in the way required by a regulatory notice; or 29 (c) in the way prescribed under a regulation. 30 (3) In this section-- 31 animal waste means offal, a carcass or skeleton. 32

 


 

s 126 81 s 130 Recreation Areas Management Bill 2005 126 Dumping or abandoning vehicles or vessels 1 A person must not dump or abandon a vehicle or vessel, or 2 part of a vehicle or vessel, in a recreation area. 3 Maximum penalty--120 penalty units. 4 127 Dumping or abandoning waste material 5 A person must not dump or abandon used or waste materials, 6 including for example, building materials, fencing materials, 7 drums or vegetation, in a recreation area. 8 Maximum penalty--120 penalty units. 9 Division 5 Other conduct 10 128 Unauthorised use of generators, compressors or motors 11 A person must not use a generator, compressor or other 12 similar motor in a recreation area unless its use is permitted 13 under, and it is used in accordance with-- 14 (a) a regulatory notice; or 15 (b) the chief executive's written approval; or 16 (c) a corresponding authority; or 17 (d) a regulation. 18 Maximum penalty--50 penalty units. 19 129 Disturbance by radio, tape recorder or sound system 20 A person must not use a radio, tape recorder or other sound or 21 amplifier system in a way that may cause unreasonable 22 disturbance to a person or native animal in a recreation area. 23 Maximum penalty--50 penalty units. 24 130 Unlawful possession or use of weapons, explosives or 25 traps 26 (1) A person must not possess or use in a recreation area-- 27

 


 

s 131 82 s 131 Recreation Areas Management Bill 2005 (a) a bow, catapult or weapon; or 1 (b) an explosive device; or 2 (c) a net, snare or trap. 3 Maximum penalty--120 penalty units. 4 (2) Subsection (1) does not apply if the possession or use is 5 authorised under-- 6 (a) the chief executive's written approval; or 7 (b) a regulation; or 8 (c) another Act and the person complies with the Act and 9 the possession or use is not prohibited in the area by a 10 further Act. 11 12 Example for paragraph (c)-- 13 a crab pot, net or other fishing apparatus possessed and used in 14 accordance with the Fisheries Act 1994, the possession or use of 15 which is not prohibited in a particular area, for example, a 16 marine park, under a further Act (3) A person must not, in a recreation area, carry a loaded spear 17 gun or discharge a spear gun, unless the person is in tidal 18 waters where spear fishing is permitted under an Act.3 19 Maximum penalty--120 penalty units. 20 (4) In this section-- 21 tidal waters means waters that are within the ebb and flow of 22 the tide at spring tides. 23 weapon see the Weapons Act 1990, schedule 2. 24 131 Unauthorised use of recreational craft 25 A person must not use or operate a recreational craft in a 26 recreation area unless the use or operation is authorised-- 27 (a) by the chief executive's written approval; or 28 3 See the Fisheries Regulation 1995, schedule 3 (Closed waters--Recreational fishing), part 5 (Waters where spear fishing is not allowed).

 


 

s 132 83 s 133 Recreation Areas Management Bill 2005 (b) under a regulation. 1 Maximum penalty--80 penalty units. 2 132 Unauthorised landing of aircraft 3 (1) A person must not land an aircraft in a recreation area, other 4 than on a designated landing area, unless the landing is 5 authorised by-- 6 (a) the chief executive's written approval; or 7 (b) a permit, agreement or other authority under the 8 Forestry Act 1959, the Marine Parks Act 1982 or the 9 Nature Conservation Act 1992. 10 Maximum penalty--120 penalty units 11 (2) In this section-- 12 designated landing area, for an aircraft or a type of aircraft, 13 means the area-- 14 (a) designated by the chief executive as an appropriate 15 landing area for the aircraft; and 16 (b) details of which are published on the department's web 17 site. 18 133 General misconduct 19 (1) A person in a recreation area must not, unless the person has a 20 reasonable excuse-- 21 (a) be disorderly or create a disturbance; or 22 (b) do anything that interferes, or is likely to interfere, with 23 the safety or health of the person or someone else in the 24 area. 25 Maximum penalty--50 penalty units. 26 (2) A person in a recreation area must not, unless the person has a 27 reasonable excuse or the chief executive's written approval-- 28 (a) restrict access to, for example, by cordoning off, a part 29 of the area or a barbecue, table or other facility in the 30 area; or 31

 


 

s 134 84 s 135 Recreation Areas Management Bill 2005 (b) claim to have an exclusive right to use a part of the area 1 or a barbecue, table or other facility in the area. 2 Maximum penalty--50 penalty units. 3 (3) A person in a recreation area must not, unless the person has a 4 reasonable excuse-- 5 (a) defecate within 10m of a lake, watercourse, natural 6 water storage, walking track or other facility, other than 7 in a facility provided by the chief executive for the 8 purpose; or 9 (b) bury human waste, other than in a facility provided by 10 the chief executive for the purpose, within 10m of any of 11 the following-- 12 (i) a lake, watercourse or natural water storage; 13 (ii) an occupied or established campsite; 14 (iii) a site designated by a regulatory notice as a 15 campsite; 16 (iv) a walking track or other public facility; or 17 (c) leave human waste unburied. 18 Maximum penalty--50 penalty units. 19 (4) A person must not tamper with a building, fence, gate, notice, 20 sign or structure in a recreation area unless the person has a 21 reasonable excuse. 22 Maximum penalty--50 penalty units. 23 134 False or misleading information given by applicant 24 A person who applies for a permit or other authority or seeks a 25 commercial activity agreement, must not state anything to the 26 chief executive that the person knows is false or misleading in 27 a material particular. 28 Maximum penalty--100 penalty units. 29 135 False or misleading documents given by applicant 30 (1) A person who applies for a permit or other authority or seeks a 31 commercial activity agreement, must not give the chief 32

 


 

s 136 85 s 138 Recreation Areas Management Bill 2005 executive a document containing information the person 1 knows is false or misleading in a material particular. 2 Maximum penalty--100 penalty units. 3 (2) Subsection (1) does not apply to a person who, when giving 4 the document-- 5 (a) informs the chief executive, to the best of the person's 6 ability, how it is false or misleading; and 7 (b) gives the correct information to the chief executive if the 8 person has, or can reasonably obtain, the correct 9 information. 10 136 Fraudulent claims for replacement permit 11 A person must not fraudulently claim that a permit or other 12 authority has been damaged, destroyed, lost or stolen. 13 Maximum penalty--20 penalty units. 14 137 Permit or corresponding authority must be available for 15 inspection 16 (1) This section applies to a person while the person is conducting 17 an activity in a recreation area under a group activity permit, a 18 commercial activity permit or a corresponding authority. 19 (2) If asked by an authorised officer, the person must, unless the 20 person has a reasonable excuse, produce for inspection by the 21 authorised officer-- 22 (a) the permit or authority, or a copy of it, or a copy of the 23 relevant details for the permit or authority; and 24 (b) a form of identification that shows a recent colour 25 photograph of the person. 26 Maximum penalty--50 penalty units. 27 138 Written approval must be available for inspection 28 (1) This section applies to a person while the person is conducting 29 an activity in a recreation area under a written approval. 30

 


 

s 139 86 s 141 Recreation Areas Management Bill 2005 (2) If asked by an authorised officer, the person must, unless the 1 person has a reasonable excuse, produce the approval, or a 2 copy of it, for inspection by the authorised officer. 3 Maximum penalty--50 penalty units. 4 139 Commercial activity agreement must be available for 5 inspection 6 (1) This section applies to a person while the person is conducting 7 an activity in a recreation area under a commercial activity 8 agreement. 9 (2) If asked by an authorised officer, the person must, unless the 10 person has a reasonable excuse, produce for inspection by the 11 authorised officer-- 12 (a) the agreement, a copy of the agreement, or a copy of the 13 relevant details for the agreement; and 14 (b) a form of identification that shows a recent colour 15 photograph of the person. 16 Maximum penalty--50 penalty units. 17 140 Failing to comply with conditions of permit or authority 18 A person acting under a permit or other authority must 19 comply with the conditions of the permit or authority, unless 20 the person has a reasonable excuse. 21 Maximum penalty--80 penalty units. 22 141 Requirement to notify chief executive of particular 23 changes 24 (1) This section applies to the holder of an authority if a change of 25 any of the following happens-- 26 (a) the holder's name; 27 (b) the holder's postal, residential or business address; 28 (c) if the holder is a corporation--the person in charge of 29 the activity carried out under the authority. 30

 


 

s 142 87 s 142 Recreation Areas Management Bill 2005 (2) The holder must before, or immediately after, the change 1 happens-- 2 (a) give the chief executive a written notice stating the 3 nature of the change; and 4 (b) if the change relates to a matter stated on the 5 authority--apply to the chief executive for an 6 amendment of the authority to reflect the change. 7 Maximum penalty--10 penalty units. 8 (3) In this section-- 9 authority means a permit, commercial activity agreement or 10 other authority. 11 holder, of an authority that is a commercial activity 12 agreement, means the other party to the agreement. 13 Division 6 Demerit points for offences 14 142 Demerit points 15 (1) This section applies to a person who is given an infringement 16 notice under the State Penalties Enforcement Act 1999 for an 17 offence against this Act and pays the infringement notice 18 penalty for the offence. 19 (2) The person accumulates demerit points under this Act for the 20 offence. 21 (3) The number of demerit points the person accumulates is-- 22 (a) if the maximum penalty specified for the offence is no 23 more than 20 penalty units--1 demerit point; or 24 (b) if the maximum penalty specified for the offence is 25 more than 20 penalty units but not more than 50 penalty 26 units--2 demerit points; or 27 (c) if the maximum penalty specified for the offence is 28 more than 50 penalty units but not more than 80 penalty 29 units--3 demerit points; or 30

 


 

s 143 88 s 144 Recreation Areas Management Bill 2005 (d) if the maximum penalty specified for the offence is 1 more than 80 penalty units but not more than 120 2 penalty units--4 demerit points; or 3 (e) if the maximum penalty specified for the offence is 4 more than 120 penalty units but not more than 165 5 penalty units--5 demerit points. 6 Part 8 Investigation and enforcement 7 Division 1 Authorised officers 8 143 Appointment and qualifications 9 (1) The chief executive may appoint any of the following 10 individuals as an authorised officer-- 11 (a) a public service employee; 12 (b) with the individual's consent, another individual. 13 (2) However, the chief executive may appoint a person as an 14 authorised officer only if the chief executive is satisfied the 15 person is qualified for appointment because the person has the 16 necessary expertise or experience. 17 144 Appointment conditions and limit on powers 18 (1) An authorised officer holds office on any conditions stated 19 in-- 20 (a) the officer's instrument of appointment; or 21 (b) a signed notice given to the officer; or 22 (c) a regulation. 23 (2) The instrument of appointment, a signed notice given to the 24 officer or a regulation may limit the officer's powers under 25 this Act. 26

 


 

s 145 89 s 147 Recreation Areas Management Bill 2005 (3) In this section-- 1 signed notice means a notice signed by the chief executive. 2 145 Issue of identity card 3 (1) The chief executive must issue an identity card to each 4 authorised officer. 5 (2) The identity card must-- 6 (a) contain a recent photo of the officer; and 7 (b) contain a copy of the officer's signature; and 8 (c) identify the individual as an authorised officer under this 9 Act; and 10 (d) state an expiry date for the card. 11 (3) This section does not prevent the issue of a single identity 12 card to an individual for this Act and other purposes. 13 146 Production or display of identity card 14 (1) In exercising a power under this Act in relation to a person, an 15 authorised officer must-- 16 (a) produce the officer's identity card for the person's 17 inspection before exercising the power; or 18 (b) have the identity card displayed so it is clearly visible to 19 the person when exercising the power. 20 (2) However, if it is not practicable to comply with subsection (1), 21 the officer must produce the identity card for the person's 22 inspection at the first reasonable opportunity. 23 (3) For subsection (1), an authorised officer does not exercise a 24 power in relation to a person only because the officer has 25 entered a place as mentioned in section 150(1)(b) or (2). 26 147 When authorised officer ceases to hold office 27 (1) An authorised officer ceases to hold office if any of the 28 following happens-- 29 (a) the term of office stated in a condition of office ends; 30

 


 

s 148 90 s 150 Recreation Areas Management Bill 2005 (b) under another condition of office, the officer ceases to 1 hold office; 2 (c) the officer's resignation under section 148 takes effect. 3 (2) Subsection (1) does not limit the ways an authorised officer 4 may cease to hold office. 5 (3) In this section-- 6 condition of office means a condition on which the authorised 7 officer holds office. 8 148 Resignation 9 An authorised officer may resign by signed notice given to the 10 chief executive. 11 149 Return of identity card 12 An individual who ceases to be an authorised officer must 13 return the individual's identity card to the chief executive 14 within 21 days after ceasing to be an authorised officer, unless 15 the individual has a reasonable excuse. 16 Maximum penalty--50 penalty units. 17 Division 2 Powers of authorised officers 18 Subdivision 1 Entry to places 19 150 Power to enter places 20 (1) An authorised officer may enter a place if-- 21 (a) its occupier consents to the entry; or 22 (b) it is a public place and the entry is made when it is open 23 to the public; or 24 (c) the entry is authorised by a warrant; or 25

 


 

s 151 91 s 151 Recreation Areas Management Bill 2005 (d) it is the place of business of a commercial activity 1 permit holder or a party to a commercial activity 2 agreement and is-- 3 (i) open for carrying on the business; or 4 (ii) otherwise open for entry; or 5 (iii) required to be open for inspection under the permit 6 or agreement. 7 (2) For the purpose of asking the occupier of a place for consent 8 to enter, an authorised officer may, without the occupier's 9 consent or a warrant-- 10 (a) enter land around premises at the place to an extent that 11 is reasonable to contact the occupier; or 12 (b) enter part of the place the officer reasonably considers 13 members of the public ordinarily are allowed to enter 14 when they wish to contact the occupier. 15 (3) For subsection (1)(d), a place of business does not include a 16 part of the place where an individual resides. 17 Subdivision 2 Procedure for entry 18 151 Entry with consent 19 (1) This section applies if an authorised officer intends to ask an 20 occupier of a place to consent to the officer or another 21 authorised officer entering the place under section 150(1)(a). 22 (2) Before asking for the consent, the officer must tell the 23 occupier-- 24 (a) the purpose of the entry; and 25 (b) that the occupier is not required to consent. 26 (3) If the consent is given, the officer may ask the occupier to sign 27 an acknowledgment of the consent. 28 (4) The acknowledgment must state-- 29 (a) the occupier has been told-- 30 (i) the purpose of the entry; and 31

 


 

s 152 92 s 153 Recreation Areas Management Bill 2005 (ii) that the occupier is not required to consent; and 1 (b) the purpose of the entry; and 2 (c) the occupier gives the officer consent to enter the place 3 and exercise powers under this part; and 4 (d) the time and date the consent was given. 5 (5) If the occupier signs the acknowledgment, the officer must 6 immediately give a copy to the occupier. 7 (6) If-- 8 (a) an issue arises in a proceeding about whether the 9 occupier consented to the entry; and 10 (b) an acknowledgment complying with subsection (4) for 11 the entry is not produced in evidence; 12 the onus of proof is on the person relying on the lawfulness of 13 the entry to prove the occupier consented. 14 152 Application for warrant 15 (1) An authorised officer may apply to a magistrate for a warrant 16 for a place. 17 (2) The officer must prepare a written application that states the 18 grounds on which the warrant is sought. 19 (3) The written application must be sworn. 20 (4) The magistrate may refuse to consider the application until the 21 officer gives the magistrate all the information the magistrate 22 requires about the application in the way the magistrate 23 requires. 24 25 Example-- 26 The magistrate may require additional information supporting the 27 written application to be given by statutory declaration. 153 Issue of warrant 28 (1) The magistrate may issue a warrant for the place only if the 29 magistrate is satisfied there are reasonable grounds for 30 suspecting-- 31

 


 

s 154 93 s 154 Recreation Areas Management Bill 2005 (a) there is a particular thing or activity (the evidence) that 1 may provide evidence of an offence against this Act; and 2 (b) the evidence is at the place, or, within the next 7 days, 3 will be at the place. 4 (2) The warrant must state-- 5 (a) the place to which the warrant applies; and 6 (b) that a stated authorised officer may, with necessary and 7 reasonable help and force-- 8 (i) enter the place and any other place necessary for 9 entry to the place; and 10 (ii) exercise the officer's powers under this part; and 11 (c) particulars of the offence that the magistrate considers 12 appropriate in the circumstances; and 13 (d) the name of the person suspected of having committed 14 the offence, unless the name is unknown or the 15 magistrate considers it inappropriate to state the name; 16 and 17 (e) the evidence that may be seized under the warrant; and 18 (f) the hours of the day or night when the place may be 19 entered; and 20 (g) the extent of re-entry permitted; and 21 (h) the magistrate's name; and 22 (i) the date and time of the warrant's issue; and 23 (j) the date, within 14 days after the warrant's issue, the 24 warrant ends. 25 (3) A provision of this part applying to entry authorised under a 26 warrant is taken also to apply to any re-entry authorised under 27 the warrant. 28 154 Application by electronic communication and duplicate 29 warrant 30 (1) An application under section 152 may be made by phone, fax, 31 email, radio, videoconferencing or another form of electronic 32

 


 

s 154 94 s 154 Recreation Areas Management Bill 2005 communication if the authorised officer considers it necessary 1 because of-- 2 (a) urgent circumstances; or 3 (b) other special circumstances, including, for example, the 4 officer's remote location. 5 (2) The application-- 6 (a) may not be made before the officer prepares the written 7 application under section 152(2); but 8 (b) may be made before the written application is sworn. 9 (3) The magistrate may issue the warrant (the original warrant) 10 only if the magistrate is satisfied-- 11 (a) it was necessary to make the application under 12 subsection (1); and 13 (b) the way the application was made under subsection (1) 14 was appropriate. 15 (4) After the magistrate issues the original warrant-- 16 (a) if there is a reasonably practicable way of immediately 17 giving a copy of the warrant to the officer, for example, 18 by sending a copy by fax or email, the magistrate must 19 immediately give a copy of the warrant to the officer; or 20 (b) otherwise-- 21 (i) the magistrate must tell the officer the date and 22 time the warrant is issued and the other terms of 23 the warrant; and 24 (ii) the officer must complete a form of warrant, 25 including by writing on it-- 26 (A) the magistrate's name; and 27 (B) the date and time the magistrate issued the 28 warrant; and 29 (C) the other terms of the warrant. 30 (5) The copy of the warrant mentioned in subsection (4)(a), or the 31 form of warrant completed under subsection (4)(b) (in either 32 case the duplicate warrant) is a duplicate of, and as effectual 33 as, the original warrant. 34

 


 

s 155 95 s 155 Recreation Areas Management Bill 2005 (6) The officer must, at the first reasonable opportunity, send to 1 the magistrate-- 2 (a) the written application complying with section 152(2) 3 and (3); and 4 (b) if the officer completed a form of warrant under 5 subsection (4)(b)--the completed form of warrant. 6 (7) The magistrate must keep the original warrant and, on 7 receiving the documents under subsection (6)-- 8 (a) attach the documents to the original warrant; and 9 (b) give the original warrant and documents to the clerk of 10 the court of the relevant magistrates court. 11 (8) Despite subsection (5), if-- 12 (a) an issue arises in a proceeding about whether an 13 exercise of a power was authorised by a warrant issued 14 under this section; and 15 (b) the original warrant is not produced in evidence; 16 the onus of proof is on the person relying on the lawfulness of 17 the exercise of the power to prove a warrant authorised the 18 exercise of the power. 19 (9) This section does limit section 152. 20 (10) In this section-- 21 relevant magistrates court, in relation to a magistrate, means 22 the Magistrates Court that the magistrate constitutes under the 23 Magistrates Act 1991. 24 155 Defect in relation to a warrant 25 (1) A warrant is not invalidated by a defect in the warrant or in 26 compliance with section 152, 153 or 154 unless the defect 27 affects the substance of the warrant in a material particular. 28 (2) In this section-- 29 warrant includes a duplicate warrant mentioned in section 30 154(5). 31

 


 

s 156 96 s 157 Recreation Areas Management Bill 2005 156 Warrants procedure before entry 1 (1) This section applies if an authorised officer named in a 2 warrant issued under this part for a place is intending to enter 3 the place under the warrant. 4 (2) Before entering the place, the officer must do or make a 5 reasonable attempt to do each of the following things-- 6 (a) identify himself or herself to a person present at the 7 place who is an occupier of the place by producing a 8 copy of the officer's identity card, or having the identity 9 card displayed, as mentioned in section 146(1); 10 (b) give the person a copy of the warrant; 11 (c) tell the person the officer is permitted by the warrant to 12 enter the place; 13 (d) give the person an opportunity to allow the officer 14 immediate entry to the place without using force. 15 (3) However, the officer need not comply with subsection (2) if 16 the officer believes that immediate entry to the place is 17 required to ensure the effective execution of the warrant is not 18 frustrated. 19 (4) In this section-- 20 warrant includes a duplicate warrant mentioned in section 21 154(5). 22 Subdivision 3 Powers after entry 23 157 General powers after entering places 24 (1) This section applies to an authorised officer who enters a 25 place under section 150. 26 (2) However, if an authorised officer enters a place to ask the 27 occupier's consent to enter premises, this section applies to 28 the officer only if the consent is given or the entry is otherwise 29 authorised. 30 (3) For investigating and enforcing compliance with this Act, the 31 officer may do all or any of the following-- 32

 


 

s 158 97 s 158 Recreation Areas Management Bill 2005 (a) search any part of the place; 1 (b) inspect, measure, test, photograph or film any part of the 2 place or anything at the place; 3 (c) mark or seal a container or other thing at the place; 4 (d) open a container if the officer considers it is necessary 5 for exercising a power; 6 (e) take a sample of, or from, anything at the place; 7 (f) take an extract from, or copy, a document at the place; 8 (g) take into, or onto, the place any person, equipment and 9 materials the officer reasonably requires for exercising a 10 power under this division. 11 158 Power to require reasonable help or information 12 (1) An authorised officer may require the occupier of the place, or 13 a person at the place, to give the officer-- 14 (a) reasonable help to exercise a power under section 15 157(3); or 16 (b) information, in a stated reasonable way, to help the 17 officer ascertain whether this Act is being complied 18 with. 19 20 Example of reasonable way-- 21 by production of a permit or record entry (2) When making a requirement under subsection (1), the officer 22 must warn the person it is an offence to fail to comply with the 23 requirement unless the person has a reasonable excuse. 24 (3) A person required to give reasonable help under subsection 25 (1)(a), or give information under subsection (1)(b), must 26 comply with the requirement, unless the person has a 27 reasonable excuse. 28 Maximum penalty--50 penalty units. 29 (4) If the person is an individual, it is a reasonable excuse for the 30 individual not to comply with the requirement if complying 31 with the requirement might tend to incriminate the individual. 32

 


 

s 159 98 s 160 Recreation Areas Management Bill 2005 Subdivision 4 Other powers 1 159 Power to give direction to leave camping site for 2 protection, safety or minimising disturbance 3 (1) An authorised officer may give a person camping in part of a 4 recreation area (the camping site) an oral or written direction 5 requiring the person, and each other person camping with the 6 person, to immediately-- 7 (a) leave the camping site; and 8 (b) remove all of the person's possessions and the 9 equipment or other things being used for camping from 10 the site. 11 (2) However, the officer may give the direction only if the officer 12 reasonably believes it is necessary for the person, and the 13 other persons camping with the person, to leave the site to-- 14 (a) protect cultural or natural resources in the recreation 15 area; or 16 (b) secure the safety of a person or a person's property; or 17 (c) minimise disturbance to persons in the recreation area. 18 (3) In giving the direction the authorised officer must advise the 19 reason why the direction has been given. 20 (4) A person to whom the direction is given, and each other 21 person camping with the person, must, unless the person has a 22 reasonable excuse, comply with the direction. 23 Maximum penalty for subsection (4)--50 penalty units. 24 160 Power to give direction to leave camping site for person 25 camping at same site for long periods 26 (1) An authorised officer may give a person camping in part of a 27 recreation area (the camping site) a written direction stating 28 the person, and each person camping with the person, must-- 29 (a) leave the camping site; and 30 (b) remove all of the person's possessions and the 31 equipment or other things being used for camping from 32 the site; and 33

 


 

s 161 99 s 161 Recreation Areas Management Bill 2005 (c) not return to the site for a stated period. 1 (2) However, the officer may give the direction only if-- 2 (a) the officer reasonably believes-- 3 (i) the same, or predominantly the same, equipment or 4 other things used for camping have occupied the 5 site for 30 days or more and it is necessary or 6 desirable to allow the site to be used by another 7 person who is authorised under this Act to camp at 8 the site; or 9 (ii) the natural condition of the site has been, or is 10 being, degraded by the presence of the equipment 11 or other things being used for camping at the site; 12 or 13 (iii) it is necessary for the person to leave the site for 14 health or safety reasons; and 15 (b) another part of the recreation area is available for the 16 person to use for camping. 17 (3) The direction must state the reason why the direction has been 18 given. 19 (4) A person to whom the direction is given, and each person 20 camping with the person, must comply with the direction. 21 Maximum penalty for subsection (4)--50 penalty units. 22 161 Power to give direction about fires 23 (1) If an authorised officer reasonably believes a fire in a 24 recreation area is, or may become, a hazard to the area, a 25 person or property, the authorised officer may-- 26 (a) give the person apparently in charge of the fire an oral or 27 written direction to put the fire out or lower its intensity 28 to a reasonable level; or 29 (b) put out the fire. 30 31 Example of basis for reasonable belief-- 32 a prevailing strong wind appears likely to carry wind-borne embers 33 away from the fire

 


 

s 162 100 s 163 Recreation Areas Management Bill 2005 (2) The person must comply with the direction. 1 Maximum penalty--165 penalty units. 2 162 Power to give direction about dogs 3 (1) An authorised officer may give a person in control of a dog in 4 a recreation area an oral or written direction to remove the dog 5 from the area if the officer reasonably believes that the dog-- 6 (a) is unlawfully in the area; or 7 (b) has been causing a nuisance or disturbance; or 8 (c) is a danger to persons, other dogs or wildlife in the area. 9 (2) The person must-- 10 (a) remove the dog from the area; and 11 (b) ensure the dog is not returned to the area within 24 12 hours after its removal. 13 Maximum penalty--40 penalty units. 14 163 Power to stop persons 15 (1) An authorised officer may require a person to stop, and not to 16 move on until permitted by the officer, if the officer-- 17 (a) finds the person committing an offence against this Act; 18 or 19 (b) finds the person in circumstances that lead, or has 20 information that leads, the officer to reasonably suspect 21 the person has committed an offence against this Act. 22 (2) The officer may require the person not to move on only for as 23 long as is reasonably necessary for the officer to exercise the 24 officer's powers under this Act in relation to the person. 25 (3) A person must comply with a requirement under subsection 26 (1), unless the person has a reasonable excuse. 27 Maximum penalty for subsection (3)--100 penalty units. 28

 


 

s 164 101 s 166 Recreation Areas Management Bill 2005 164 Power to require name and address 1 (1) An authorised officer may require a person to state the 2 person's name and residential or business address if the 3 officer-- 4 (a) finds the person committing, or about to commit, an 5 offence against this Act; or 6 (b) finds the person in circumstances that lead, or has 7 information that leads, the officer to reasonably suspect 8 the person has committed an offence against this Act. 9 (2) When making the requirement, the officer must warn the 10 person it is an offence to fail to state the person's name or 11 address unless the person has a reasonable excuse. 12 (3) The officer may also require the person to give evidence of the 13 correctness of the stated name or address if, in the 14 circumstances, it would be reasonable to expect the person 15 to-- 16 (a) be in possession of evidence of the correctness of the 17 stated name and address; or 18 (b) otherwise be able to give the evidence. 19 165 Failure to give name or address 20 (1) A person of whom a requirement is made under section 21 164(1) or (3) must comply with the requirement, unless the 22 person has a reasonable excuse. 23 Maximum penalty--100 penalty units. 24 (2) A person does not commit an offence against subsection (1) 25 if-- 26 (a) the requirement was given because the officer suspected 27 the person had committed an offence against this Act; 28 and 29 (b) the person is not proved to have committed the offence. 30 166 Power to require information about contravention 31 (1) This section applies if an authorised officer reasonably 32 believes-- 33

 


 

s 167 102 s 167 Recreation Areas Management Bill 2005 (a) this Act has been contravened; and 1 (b) a person may be able to give information about the 2 contravention. 3 (2) The officer may require the person to give information in the 4 person's knowledge about the contravention within a stated 5 reasonable time and in a stated reasonable way. 6 7 Example of reasonable way-- 8 by production of a permit, corresponding authority or record book entry (3) When making a requirement under subsection (2), the officer 9 must warn the person it is an offence to fail to comply with the 10 requirement unless the person has a reasonable excuse. 11 (4) A person of whom a requirement is made under subsection (2) 12 must comply with the requirement, unless the person has a 13 reasonable excuse. 14 Maximum penalty--100 penalty units. 15 (5) If the person is an individual, it is a reasonable excuse for the 16 individual not to comply with the requirement if complying 17 with the requirement might tend to incriminate the individual. 18 (6) The officer may-- 19 (a) copy a document given to the officer under this section; 20 and 21 (b) keep the document only for as long as is reasonably 22 necessary to make the copy. 23 167 Power to give direction to leave recreation area 24 (1) Subsection (2) applies if, in a recreation area, an authorised 25 officer-- 26 (a) finds a person committing, or about to commit, an 27 offence against this Act; or 28 (b) finds a person in circumstances that lead the officer to 29 reasonably suspect the person has committed an offence 30 against this Act; or 31 (c) has information that leads the officer to reasonably 32 suspect a person has committed an offence against this 33 Act. 34

 


 

s 168 103 s 168 Recreation Areas Management Bill 2005 (2) The authorised officer may direct the person to immediately 1 leave the recreation area or a stated part of it if the officer 2 reasonably believes it is necessary to do so-- 3 (a) to prevent continuation of the offence; or 4 (b) to secure evidence of the offence; or 5 (c) to prevent another offence from being committed. 6 (3) The person must comply with the direction and not re-enter 7 the area or part within 24 hours after leaving. 8 Maximum penalty--80 penalty units. 9 (4) If an authorised officer reasonably believes circumstances 10 exist that are a danger to a person, or the person's property, in 11 a recreation area, the officer may direct the person to leave the 12 area, or the part of the area, where the danger exists. 13 (5) If an authorised officer reasonably believes the presence of a 14 person in a recreation area may interfere with an emergency 15 or rescue activity, the officer may direct the person to leave 16 the area, or the part of the area, where the emergency or 17 activity is taking place. 18 (6) A person must comply with a direction given under 19 subsection (4) or (5). 20 Maximum penalty--80 penalty units. 21 (7) If a person fails to comply with a direction given under this 22 section, an authorised officer may take the steps that appear to 23 the officer to be reasonable and necessary to secure 24 compliance with the direction, including, for example-- 25 (a) using reasonable force; and 26 (b) removing the person's property to a place inside or 27 outside the recreation area. 28 168 Power to stop and search vehicle, vessel, aircraft or 29 recreational craft 30 (1) This section applies if an authorised officer suspects on 31 reasonable grounds that-- 32

 


 

s 169 104 s 169 Recreation Areas Management Bill 2005 (a) a vehicle, vessel, aircraft or recreational craft is being, 1 or has been, used in the commission of an offence 2 against this Act; or 3 (b) a vehicle, vessel, aircraft or recreational craft, or 4 anything on or in it may provide evidence of the 5 commission of an offence against this Act. 6 (2) The officer may, with necessary and reasonable help and 7 force, and without consent or a warrant-- 8 (a) enter or board the vehicle, vessel, aircraft or recreational 9 craft; and 10 (b) exercise the powers set out in section 157(3). 11 (3) If the vehicle, vessel, aircraft or recreational craft is moving, 12 or is about to move, the officer may signal the person 13 controlling it, to stop or not to move it. 14 (4) The person must obey the signal given under subsection (3), 15 unless the person has a reasonable excuse. 16 Maximum penalty--165 penalty units. 17 (5) It is a reasonable excuse for the person to fail to stop or to 18 move the vehicle, vessel, aircraft or recreational craft if-- 19 (a) to immediately obey the signal would endanger the 20 person or someone else; and 21 (b) the person obeys the signal as soon as it is practicable to 22 obey the signal. 23 169 Power to require driver or person in control of vehicle, 24 vessel, aircraft or recreational craft to give reasonable 25 help 26 (1) An authorised officer may require the driver or the person in 27 control of a vehicle, vessel, aircraft or recreational craft-- 28 (a) to give the officer reasonable help to enable the vehicle, 29 vessel, aircraft or recreational craft to be boarded or 30 entered under section 168(2); or 31 (b) to bring the vehicle, vessel, aircraft or recreational craft 32 to a specified place and remain in control of it at the 33 place for a reasonable time to enable the officer to 34 exercise the officer's powers in relation to it. 35

 


 

s 170 105 s 170 Recreation Areas Management Bill 2005 (2) A person must not contravene a requirement under subsection 1 (1), unless the person has a reasonable excuse. 2 Maximum penalty--165 penalty units. 3 170 Power to give direction about vehicle, vessel, aircraft or 4 recreational craft 5 (1) If an authorised officer believes it is reasonably necessary, the 6 officer may give the person in control of a vehicle, vessel, 7 aircraft or recreational craft in a recreation area an oral or 8 written direction regulating or prohibiting the driving, riding, 9 parking, mooring or use of it in the area. 10 (2) The direction may also be given in a way that sufficiently 11 shows the officer's intention. 12 13 Example-- 14 by use of a sign or signal (3) The directions the officer may give include directions for all 15 or any of the following-- 16 (a) preventing or remedying any harm to, or loss or 17 destruction of, the area's cultural or natural resources; 18 (b) securing the safety of a person or a person's property; 19 (c) minimising disturbance to persons in the area. 20 (4) Without limiting subsection (3), a direction may require the 21 person in control of a vehicle, vessel, aircraft or recreational 22 craft to remove it from the area. 23 (5) A person must comply with a direction given under this 24 section, unless the person has a reasonable excuse. 25 Maximum penalty--50 penalty units. 26 (6) It is not a reasonable excuse that the person holds an authority 27 that is inconsistent with the direction. 28

 


 

s 171 106 s 172 Recreation Areas Management Bill 2005 Subdivision 5 Power to seize evidence 1 171 Seizing evidence at a place entered under s 150 2 (1) An authorised officer who enters a place with the consent of 3 the occupier under section 150(1)(a) may seize a thing at the 4 place if-- 5 (a) the officer believes the thing is evidence of an offence 6 against this Act; and 7 (b) seizure of the thing is consistent with the purpose of 8 entry as told to the occupier when asking for the 9 occupier's consent. 10 (2) An authorised officer who enters a public place under section 11 150(1)(b) may seize a thing at the place if the officer 12 reasonably believes the thing is evidence of an offence against 13 this Act. 14 (3) An authorised officer who enters a place under a warrant 15 under section 150(1)(c) may seize the evidence for which the 16 warrant was issued. 17 (4) An authorised officer who enters a place of business under 18 section 150(1)(d), may seize a thing at the place if the officer 19 reasonably believes the thing is evidence of an offence against 20 this Act. 21 (5) The officer may also seize anything else at a place entered 22 under section 150(1) if the officer believes-- 23 (a) the thing is evidence of an offence against this Act; and 24 (b) the seizure is necessary to prevent the thing being 25 hidden, lost or destroyed. 26 172 Seizing evidence on or in vehicle, vessel, aircraft or 27 recreational craft entered or boarded under s 168 28 An authorised officer who enters or boards a vehicle, vessel, 29 aircraft or recreational craft under section 168(2) may seize a 30 thing on or in the vehicle, vessel, aircraft or recreational craft 31 if the officer reasonably believes the thing is evidence of an 32 offence against this Act. 33

 


 

s 173 107 s 174 Recreation Areas Management Bill 2005 173 Powers in support of seizure 1 (1) To enable a thing to be seized, an authorised officer may, by 2 written notice given to the person in control of the thing, 3 direct the person-- 4 (a) to take it to a specified reasonable place by a specified 5 reasonable time; and 6 (b) if necessary, to remain in control of it at the place for a 7 reasonable time. 8 (2) If, for any reason, it is not practicable to give the direction by 9 a written notice, the direction may be given orally and 10 confirmed by written notice as soon as practicable. 11 (3) A person must comply with a direction given under this 12 section, unless the person has a reasonable excuse. 13 Maximum penalty--100 penalty units. 14 (4) Nothing in this section prevents an authorised officer making 15 a further direction under this section of the same person or of 16 someone else in relation to the same thing, if it is necessary 17 and reasonable to make the further direction. 18 174 Securing seized things 19 (1) Having seized a thing, an authorised officer may-- 20 (a) move the thing from the place where it was seized (the 21 place of seizure); or 22 (b) leave the thing at the place of seizure but-- 23 (i) take reasonable action to restrict access, or prevent 24 or mitigate damage, to it; or 25 26 Example of restricting access-- 27 · marking, sealing, tagging or otherwise identifying the thing 28 to show access to it is restricted 29 · sealing the entrance to a room where the thing is situated 30 and marking the entrance to show access to the thing is 31 restricted (ii) direct the person the officer reasonably believes is 32 in control of the thing to take reasonable action to 33 restrict access, or prevent or mitigate damage, to it; 34 or 35

 


 

s 175 108 s 176 Recreation Areas Management Bill 2005 (c) for equipment--make it inoperable, or direct the person 1 the officer reasonably believes is in control of the thing 2 to make it inoperable. 3 4 Example of making equipment inoperable-- 5 dismantling equipment or removing a component of equipment 6 without which the equipment is not capable of being used (2) A person to whom a direction is given under subsection 7 (1)(b)(ii) or (c) must comply with the direction. 8 Maximum penalty--100 penalty units. 9 175 Tampering with seized things 10 (1) If an authorised officer restricts access to a seized thing, a 11 person must not tamper or attempt to tamper with it, or 12 something restricting access to it, without an authorised 13 officer's approval. 14 Maximum penalty--100 penalty units. 15 (2) If an authorised officer or a person acting at the officer's 16 direction makes seized equipment inoperable, a person must 17 not tamper or attempt to tamper with the equipment, without 18 an authorised officer's approval. 19 Maximum penalty--100 penalty units. 20 176 Receipt for seized things 21 (1) After an authorised officer seizes a thing, the officer must 22 give a receipt for it to the person from whom it was seized. 23 (2) However, if for any reason it is not practicable to comply with 24 subsection (1), the officer must leave the receipt at the place 25 of seizure in a conspicuous position and in a reasonably 26 secure way. 27 (3) The receipt must describe generally each thing seized and its 28 condition. 29 (4) This section does not apply to a thing if it is impracticable or 30 would be unreasonable to give the receipt, given the thing's 31 nature, condition and value. 32

 


 

s 177 109 s 178 Recreation Areas Management Bill 2005 177 Authorised officer may dispose of natural resources 1 unlawfully taken 2 (1) This section applies if a natural resource is seized under this 3 Act and an authorised officer reasonably believes the resource 4 has been taken unlawfully. 5 (2) Despite any other provision of this Act, the officer may deal 6 with or dispose of the resource in the way the officer considers 7 appropriate if the officer is satisfied that it is necessary to do 8 so-- 9 (a) in the interests of the welfare of the resource; or 10 (b) to conserve the resource or environment. 11 (3) Subsection (2) applies even though a proceeding has not been 12 started for, or a person convicted of, an offence. 13 (4) In this section-- 14 take, a natural resource, includes remove, gather, catch, 15 capture, kill, destroy, dredge for, raise, carry away, bring 16 ashore, land from a vessel or otherwise remove the resource. 17 178 Forfeiture of seized things 18 (1) A thing that has been seized under this subdivision and not 19 dealt with or disposed of under section 177 is forfeited to the 20 State if the authorised officer who seized the thing-- 21 (a) can not find its owner after making reasonable inquiries; 22 or 23 (b) can not return it to its owner after making reasonable 24 efforts. 25 (2) In applying subsection (1)-- 26 (a) subsection (1)(a) does not require the officer to make 27 inquiries if it would be unreasonable to make inquiries 28 to find the owner; and 29 (b) subsection (1)(b) does not require the officer to make 30 efforts if it would be unreasonable to make efforts to 31 return the thing to its owner. 32 33 Example for subsection (2)(b)-- 34 the owner of the thing has migrated to another country

 


 

s 179 110 s 181 Recreation Areas Management Bill 2005 (3) Regard must be had to a thing's nature, condition and value in 1 deciding-- 2 (a) whether it is reasonable to make inquiries or efforts; and 3 (b) if making inquiries or efforts, what inquiries or efforts, 4 including the period over which they are made, are 5 reasonable. 6 (4) In this section-- 7 owner, of property, includes the person in possession or 8 control of it. 9 179 Dealing with forfeited things 10 (1) On the forfeiture of a thing to the State, it becomes the State's 11 property and may be dealt with by the chief executive as the 12 chief executive considers appropriate. 13 (2) Without limiting subsection (1), the chief executive may 14 destroy or otherwise dispose of the thing. 15 180 Return of seized things 16 (1) If a seized thing is not disposed of under section 177 or 17 forfeited under section 178, the authorised officer must return 18 it to the person from whom it was seized-- 19 (a) at the end of 6 months after its seizure; or 20 (b) if proceedings involving the thing are started within the 21 6 months, at the end of the proceedings and any appeal 22 from the proceedings. 23 (2) Despite subsection (1), unless a thing that has been seized as 24 evidence is disposed of or forfeited as mentioned in the 25 subsection, the officer must immediately return it to the 26 person from whom it was seized if the officer stops being 27 satisfied its continued retention as evidence is necessary. 28 181 Access to seized things 29 (1) Until a seized thing is disposed of, forfeited or returned, an 30 authorised officer must allow the person from whom it was 31 seized to inspect it and, if it is a document, to copy it. 32

 


 

s 182 111 s 182 Recreation Areas Management Bill 2005 (2) Subsection (1) does not apply if it is impracticable or would 1 be unreasonable to allow the inspection or copying. 2 Division 3 Dealing with abandoned property 3 and unauthorised structures and 4 works 5 182 Abandoned property 6 (1) This section applies if an authorised officer reasonably 7 believes property, other than a structure or works mentioned 8 in section 183, has been abandoned in a recreation area and 9 needs to be removed from the area. 10 (2) The authorised officer may-- 11 (a) seize the property and take the steps that are reasonable 12 and necessary to remove it; or 13 (b) if the name of a person responsible for the property is 14 known--give the person a written notice; or 15 (c) if the name of a person responsible for the property is 16 not known-- 17 (i) if practicable, display a notice in a prominent 18 position on the property; and 19 (ii) if the authorised officer believes the property has a 20 market value of more than $500--publish the 21 notice in a newspaper circulating in the locality in 22 which the recreation area is located. 23 (3) A notice under this section requires a person responsible for 24 the property, within a stated period, to take reasonable action 25 to-- 26 (a) remove the property; and 27 (b) restore the place from which it is removed, as nearly as 28 practicable, to its former state. 29 (4) The stated period must be reasonable in the circumstances and 30 at least 20 business days after the notice is given or displayed. 31

 


 

s 183 112 s 183 Recreation Areas Management Bill 2005 (5) A person given a notice under subsection (2)(b) must ensure 1 the notice is complied with, unless the person has a reasonable 2 excuse. 3 Maximum penalty--50 penalty units. 4 (6) If the property is not removed within the time stated in the 5 notice, the officer may seize the property and take the steps 6 that are reasonable and necessary to remove it. 7 (7) In this section-- 8 person responsible, for abandoned property, includes the 9 person in control of the property immediately before it was 10 abandoned. 11 183 Removal of unauthorised structures and works 12 (1) This section applies if an authorised officer reasonably 13 believes a structure has been unlawfully erected or works have 14 been unlawfully carried out in a recreation area and need to be 15 removed from the area. 16 (2) The authorised officer may-- 17 (a) seize the structure or works, and anything in the 18 structure, and take the steps that are reasonable and 19 necessary to remove it, or if the works can not be 20 removed, stabilise or rehabilitate the works; or 21 (b) if the name of a person responsible for the structure or 22 works is known--give the person a written notice; or 23 (c) if the name of a person responsible for the structure or 24 works is not known-- 25 (i) if practicable, display a notice in a prominent 26 position on the structure or works; and 27 (ii) if the authorised officer believes the structure or 28 works, and anything in the structure, has a total 29 market value of more than $500--publish the 30 notice in a newspaper circulating in the locality in 31 which the recreation area is located. 32 (3) A notice under this section requires a person responsible for 33 the structure or works, within a stated period, to take 34 reasonable action to-- 35

 


 

s 184 113 s 185 Recreation Areas Management Bill 2005 (a) remove the structure or works, and anything in the 1 structure, and restore the place from which it is 2 removed, as nearly as practicable to its former state; or 3 (b) if the works can not be removed--stabilise or 4 rehabilitate the works. 5 6 Example of subsection (3)(b)-- 7 A person who has unlawfully constructed a walking track in a recreation 8 area may be given a notice to rehabilitate the part of the area in which 9 the track is constructed. (4) The stated period must be reasonable in the circumstances and 10 at least 20 business days after the notice is given or displayed. 11 (5) A person given a notice under subsection (2)(b) must ensure 12 the notice is complied with, unless the person has a reasonable 13 excuse. 14 Maximum penalty--50 penalty units. 15 (6) If the notice is not complied with, the officer may seize the 16 structure or works, and anything in the structure, and take the 17 steps that are reasonable and necessary to remove it, or if the 18 work can not be removed, stabilise or rehabilitate the works. 19 (7) In this section-- 20 person responsible, for the erection of an unlawful structure 21 or carrying out an unlawful works, includes the person in 22 possession of the structure or works. 23 184 Application of ss 174 to 176 to seized property, structures 24 or works 25 (1) This section applies to property, structures or works seized 26 under sections 182 or 183. 27 (2) Sections 174 to 176 apply to the property, structures or works 28 seized as if they were things seized under division 2, 29 subdivision 5. 30 185 Notice of seizure for property, structures, works or things 31 with market value of more than $500 32 (1) This section applies to-- 33

 


 

s 186 114 s 186 Recreation Areas Management Bill 2005 (a) property seized under section 182; and 1 (b) structures, works or things seized and removed under 2 section 183. 3 (2) If an authorised officer reasonably believes the total market 4 value of everything seized is more than $500, the authorised 5 officer must give the owner of the things seized written notice 6 of the seizure. 7 (3) If the owner's name is not known, the notice-- 8 (a) must be given in a newspaper circulating throughout the 9 State; and 10 (b) may, in addition, be given by displaying it in a 11 prominent position on a permanent feature as close as 12 possible to where the property, structure, works or thing 13 was found. 14 (4) The notice must state that-- 15 (a) the owner may claim the property, structure, works or 16 thing within 2 months after the notice mentioned in 17 subsection (2) or (3)(a) is given; and 18 (b) the property, structure, works or thing may be disposed 19 of if not claimed within the 2 months. 20 186 Release of seized property, structures, works or things 21 If a person claims seized property, a structure, works or thing, 22 the chief executive may release it to the person only if the 23 person-- 24 (a) satisfies the chief executive the person has a right to the 25 property, structure, works or thing; and 26 (b) pays the chief executive's reasonable costs of-- 27 (i) seizing, removing and holding the property, 28 structure, works or thing; and 29 (ii) giving notice of the seizure; and 30 (iii) if notice is given of the sale of the property, 31 structure, works or thing--giving the notice; and 32

 


 

s 187 115 s 188 Recreation Areas Management Bill 2005 (iv) restoring the place from which the property, 1 structure, works or thing was removed as nearly as 2 practicable, to its former state. 3 187 Procedure if seized property, structures, works or things 4 are not claimed or are of little value 5 (1) If the owner of seized property, a structure, works or thing 6 does not claim it within 2 months after the notice mentioned 7 in section 185(2) or (3)(a) is given, the chief executive may 8 sell it in the way the chief executive considers will best realise 9 its market value. 10 (2) Before selling the property, structure, works or thing, the chief 11 executive must publish a notice in a newspaper circulating 12 generally in the State-- 13 (a) identifying the property, structure, works or thing; and 14 (b) stating how and when it is to be sold. 15 (3) The time when the property, structure, works or thing may be 16 sold must not be less than 20 business days after the notice is 17 published. 18 (4) If the property, structure, works or thing is not sold, the chief 19 executive may dispose of it in the way the chief executive 20 considers appropriate. 21 (5) Also, if the chief executive reasonably believes the property, 22 structure, works or thing has a market value of not more than 23 $500, the chief executive may-- 24 (a) sell it in the way the chief executive considers will best 25 realise its market value; or 26 (b) if the chief executive considers the cost of selling it 27 would exceed its market value--otherwise dispose of it. 28 (6) Compensation is not payable in relation to a sale or disposal 29 under this section. 30 188 Application of proceeds of sale 31 If the chief executive sells seized property, a structure, works 32 or thing, the proceeds of the sale must be applied in the 33 following order-- 34

 


 

s 189 116 s 190 Recreation Areas Management Bill 2005 (a) in payment of the reasonable expenses of the chief 1 executive incurred in the sale; 2 (b) in payment of the reasonable cost of-- 3 (i) seizing, removing and holding the property, 4 structure, works or thing; and 5 (ii) giving notice of the seizure; 6 (c) in payment of the reasonable cost of work necessary to 7 restore the site from which the property, structure, works 8 or thing is removed as nearly as practicable, to its 9 former state; 10 (d) in payment of any balance to the owner of the property, 11 structure, works or thing. 12 Division 4 General enforcement matters 13 189 Authorised officer's obligation not to cause unnecessary 14 damage 15 An authorised officer must take all reasonable steps to ensure 16 the officer does not cause any unnecessary damage to 17 property, a structure, works or thing in exercising a power 18 under division 2 or 3. 19 190 Notice of damage 20 (1) This section applies if-- 21 (a) an authorised officer damages property, a structure, 22 works or thing when exercising or purporting to exercise 23 a power under this part; or 24 (b) a person (the other person) acting under the direction of 25 an authorised officer damages property, a structure, 26 works or thing. 27 (2) The officer must immediately give notice of particulars of the 28 damage to the person who appears to the officer to be the 29 owner of the property, structure, works or thing. 30 (3) If the officer believes the damage was caused by a latent 31 defect in the property, structure, works or thing or 32

 


 

s 191 117 s 192 Recreation Areas Management Bill 2005 circumstances beyond the officer's or other person's control, 1 the officer may state the belief in the notice. 2 (4) If, for any reason, it is impracticable to comply with 3 subsection (2), the officer must leave the notice in a 4 conspicuous position and in a reasonably secure way where 5 the damage happened. 6 (5) This section does not apply to damage the officer reasonably 7 believes is trivial. 8 (6) In subsection (2)-- 9 owner, of property, structure, works or thing, includes the 10 person in possession or control of it. 11 191 Compensation 12 (1) A person may claim compensation from the State if the person 13 incurs loss or expense because of the exercise or purported 14 exercise of a power under division 2, subdivision 1, 3 or 5. 15 (2) Without limiting subsection (1), compensation may be 16 claimed for loss or expense incurred in complying with a 17 requirement made of the person under the subdivision. 18 (3) Compensation may be claimed and ordered to be paid in a 19 proceeding brought in a court with jurisdiction for the 20 recovery of the amount of compensation claimed. 21 (4) A court may order compensation to be paid only if it is 22 satisfied it is fair to make the order in the particular 23 circumstances. 24 192 False or misleading information given to authorised 25 officer 26 A person must not state anything to an authorised officer the 27 person knows is false or misleading in a material particular. 28 Maximum penalty--100 penalty units. 29

 


 

s 193 118 s 195 Recreation Areas Management Bill 2005 193 False or misleading documents given to authorised 1 officer 2 (1) A person must not give an authorised officer a document 3 containing information the person knows is false or 4 misleading in a material particular. 5 Maximum penalty--100 penalty units. 6 (2) Subsection (1) does not apply to a person if the person, when 7 giving the document-- 8 (a) tells the officer, to the best of the person's ability, how it 9 is false or misleading; and 10 (b) if the person has, or can reasonably obtain, the correct 11 information, gives the correct information. 12 194 Obstructing an authorised officer 13 (1) A person must not obstruct an authorised officer in the 14 exercise of a power under this Act, unless the person has a 15 reasonable excuse. 16 Maximum penalty--165 penalty units. 17 (2) If a person has obstructed an authorised officer and the officer 18 decides to proceed with the exercise of the power, the officer 19 must warn the person that-- 20 (a) it is an offence to obstruct the officer, unless the person 21 has a reasonable excuse; and 22 (b) the officer considers the person's conduct is an 23 obstruction. 24 (3) In this section-- 25 obstruct includes assault, hinder, intimidate, resist and 26 attempt or threaten to obstruct. 27 195 Impersonating an authorised officer 28 A person must not pretend to be an authorised officer. 29 Maximum penalty--50 penalty units. 30

 


 

s 196 119 s 199 Recreation Areas Management Bill 2005 Part 9 Legal proceedings 1 Division 1 Evidence 2 196 Application of div 1 3 This division applies to a proceeding under this Act. 4 197 Appointments and authority 5 It is not necessary to prove the appointment of the Minister, 6 the chief executive or an authorised officer, or the authority of 7 the Minister, the chief executive or an authorised officer to do 8 anything under this Act, unless a party, by reasonable notice, 9 requires proof of the appointment or authority. 10 198 Signatures 11 A signature purporting to be the signature of the Minister, the 12 chief executive or an authorised officer is evidence of the 13 signature it purports to be. 14 199 Evidentiary matters 15 (1) A certificate purporting to be signed by the chief executive or 16 an authorised officer and stating any of the following matters 17 is evidence of the matter-- 18 (a) a stated document is 1 of the following things made, 19 given, issued or kept under this Act-- 20 (i) an appointment, approval or decision; 21 (ii) a direction, notice or requirement; 22 (iii) a permit or other authority; 23 (iv) a record or other document; 24 (b) a stated document is of a stated type mentioned in 25 paragraph (a) and made, given, issued or kept under 26 another Act; 27

 


 

s 199 120 s 199 Recreation Areas Management Bill 2005 (c) a stated document is a copy of a thing mentioned in 1 paragraph (a) or (b); 2 (d) on a stated day, or during a stated period, a stated person 3 was, or was not, the holder of a stated permit or other 4 authority; 5 (e) a stated permit or other authority-- 6 (i) was, or was not, issued for a stated term; or 7 (ii) was, or was not, in force on a stated day or during a 8 stated period; or 9 (iii) was, or was not, subject to a stated condition; 10 (f) on a stated day, or during a stated period, a stated permit 11 or other authority was suspended for a stated period or 12 was cancelled; 13 (g) on a stated day, or during a stated period, an 14 appointment as an authorised officer was, or was not, in 15 force for a stated person; 16 (h) on a stated day, a stated person was given a stated 17 direction, notice or requirement under this Act; 18 (i) a stated amount is payable under this Act by a stated 19 person and has not been paid. 20 (2) Evidence that a regulatory notice or a restricted access area 21 notice was erected or displayed at a place is evidence the 22 notice was erected or displayed at the place by the chief 23 executive. 24 (3) A statement in a complaint starting the proceeding of any of 25 the following matters is evidence of the matters-- 26 (a) that the matter of the complaint came to the knowledge 27 of the complainant on a stated day; 28 (b) that the place where the offence was committed was in a 29 stated recreation area or in a restricted access area in a 30 stated recreation area. 31

 


 

s 200 121 s 202 Recreation Areas Management Bill 2005 Division 2 Offence proceedings 1 200 Summary proceedings for offences 2 (1) Proceedings for an offence against this Act are to be taken in a 3 summary way under the Justices Act 1886. 4 (2) The proceeding must start-- 5 (a) within 1 year after the commission of the offence; or 6 (b) within 1 year after the offence comes to the 7 complainant's knowledge, but within 2 years after the 8 commission of the offence. 9 201 Allegations of false or misleading information or 10 documents 11 It is enough for a complaint for an offence against this Act 12 involving false or misleading information, or a false or 13 misleading document, to state the statement made, or 14 document given, was `false or misleading' to the person's 15 knowledge, without specifying which. 16 202 Responsibility for acts or omissions of representatives 17 (1) This section applies in a proceeding for an offence against this 18 Act. 19 (2) If it is relevant to prove a person's state of mind about a 20 particular act or omission, it is enough to show-- 21 (a) the act was done or omitted to be done by a 22 representative of the person within the scope of the 23 representative's actual or apparent authority; and 24 (b) the representative had the state of mind. 25 (3) An act done or omitted to be done for a person by a 26 representative of the person within the scope of the 27 representative's actual or apparent authority is taken to have 28 been done or omitted to be done also by the person, unless the 29 person proves the person could not, by the exercise of 30 reasonable diligence, have prevented the act or omission. 31 (4) In this section-- 32

 


 

s 203 122 s 203 Recreation Areas Management Bill 2005 representative means-- 1 (a) for a corporation--an executive officer, employee or 2 agent of the corporation; or 3 (b) for an individual--an employee or agent of the 4 individual. 5 state of mind of a person includes-- 6 (a) the person's knowledge, intention, opinion, belief or 7 purpose; and 8 (b) the person's reasons for the intention, opinion, belief or 9 purpose. 10 203 Executive officers responsible for ensuring corporation 11 complies with Act 12 (1) The executive officers of a corporation must ensure the 13 corporation complies with this Act. 14 (2) If a corporation commits an offence against a provision of this 15 Act, each of the corporation's executive officers also commits 16 an offence, namely, the offence of failing to ensure the 17 corporation complies with the provision. 18 Maximum penalty--the penalty for the contravention of the 19 provision by an individual. 20 (3) Evidence that the corporation has been convicted of an 21 offence against a provision of this Act is evidence that each of 22 the executive officers committed the offence of failing to 23 ensure the corporation complies with the provision. 24 (4) However, it is a defence for an executive officer to prove-- 25 (a) if the officer was in a position to influence the conduct 26 of the corporation in relation to the offence--the officer 27 exercised reasonable diligence to ensure the corporation 28 complied with the provision; or 29 (b) the officer was not in a position to influence the conduct 30 of the corporation in relation to the offence. 31

 


 

s 204 123 s 204 Recreation Areas Management Bill 2005 204 Holder of authority responsible for ensuring Act 1 complied with 2 (1) The holder of an authority must ensure that everyone acting 3 under the authority complies with the authority and the 4 requirements of this Act relating to the authority. 5 (2) If another person acting under the authority does not comply 6 with the authority or the requirements of this Act relating to 7 the authority, the holder commits an offence, namely, the 8 offence of failing to ensure the other person complied with the 9 authority or the requirements of this Act relating to the 10 authority. 11 Maximum penalty--the penalty prescribed for contravention 12 of the authority or the requirements of this Act relating to the 13 authority. 14 (3) Evidence that the other person has been convicted of an 15 offence against this Act while acting under the authority is 16 evidence that the holder committed the offence of failing to 17 ensure the other person complied with the authority and the 18 requirements of this Act relating to the authority. 19 (4) However, it is a defence for the holder to prove-- 20 (a) the holder issued appropriate instructions and used all 21 reasonable precautions to ensure compliance with the 22 authority and the requirements of this Act relating to the 23 authority; and 24 (b) the offence was committed without the holder's 25 knowledge; and 26 (c) the holder could not by the exercise of reasonable 27 diligence have stopped the commission of the offence. 28 (5) In this section-- 29 authority means a permit or commercial activity agreement or 30 other authority under this Act. 31 holder, of an authority, means, in relation to a commercial 32 activity agreement, the other party to the agreement. 33

 


 

s 205 124 s 205 Recreation Areas Management Bill 2005 205 Responsibility for offences committed with use of 1 vehicle, vessel, aircraft or recreational craft 2 (1) Each responsible person for a vehicle, vessel, aircraft or 3 recreational craft must ensure it is not used to commit an 4 offence against this Act. 5 (2) If another person uses the vehicle, vessel, aircraft or 6 recreational craft in committing an offence against a provision 7 of this Act, each responsible person for the vehicle, vessel, 8 aircraft or recreational craft also commits an offence, namely, 9 the offence of failing to ensure the other person complies with 10 the provision. 11 Maximum penalty--the penalty for the contravention of the 12 provision by an individual. 13 (3) Evidence that the other person has been convicted of an 14 offence against a provision of this Act is evidence that each 15 responsible person for the vehicle, vessel, aircraft or 16 recreational craft committed the offence of failing to ensure 17 the other person complies with the provision. 18 (4) However, it is a defence for a responsible person for the 19 vehicle, vessel, aircraft or recreational craft to prove-- 20 (a) if the responsible person was in a position to influence 21 the conduct of the other person in relation to the 22 offence--the responsible person exercised reasonable 23 diligence to ensure the other person complied with the 24 provision; or 25 (b) the responsible person was not in a position to influence 26 the conduct of the other person in relation to the offence. 27 (5) In this section-- 28 responsible person, for a vehicle, vessel, aircraft or 29 recreational craft, in relation to an offence, means-- 30 (a) an owner of the vehicle, vessel, aircraft or recreational 31 craft when the offence was committed; or 32 (b) a person in control of the vehicle, vessel, aircraft or 33 recreational craft at the time the offence was committed; 34 or 35 (c) a person (the operator) who, at the time the offence was 36 committed, was a party to an agreement with a person 37

 


 

s 206 125 s 207 Recreation Areas Management Bill 2005 mentioned in paragraph (a) or (b) under which the 1 operator, or the operator and the other party to the 2 agreement, were authorised to decide the activities for 3 the vehicle, vessel, aircraft or recreational craft. 4 Division 3 Internal reviews 5 206 Appeal process starts with internal review 6 Every appeal against an appellable decision must be, in the 7 first instance, by way of an application for internal review. 8 207 Applying for an internal review 9 (1) An application for internal review must be in the approved 10 form and must be-- 11 (a) made to the chief executive within 28 days after the day 12 the person is given the information notice; and 13 (b) supported by enough information to enable the chief 14 executive to decide the application. 15 (2) The chief executive may extend the time for applying for the 16 internal review. 17 (3) The application does not stay the appellable decision. 18 (4) The application must not be dealt with by-- 19 (a) the person who made the appellable decision; or 20 (b) a person in a less senior office than the person who 21 made the appellable decision. 22 (5) Subsection (4)-- 23 (a) applies despite the Acts Interpretation Act 1954, section 24 27A;4 and 25 (b) does not apply to an appellable decision made by the 26 chief executive. 27 4 Acts Interpretation Act 1954, section 27A (Delegation of powers)

 


 

s 208 126 s 209 Recreation Areas Management Bill 2005 208 Review decision 1 (1) If the chief executive is satisfied the applicant has complied 2 with section 207, the chief executive must, within 28 days 3 after receiving the application-- 4 (a) review the appellable decision; and 5 (b) make a decision (the review decision) to-- 6 (i) confirm the appellable decision; or 7 (ii) amend the appellable decision; or 8 (iii) substitute another decision for the appellable 9 decision. 10 (2) Within 14 days after making the review decision, the chief 11 executive must give the applicant notice (the review notice) of 12 the review decision. 13 (3) The review notice must also state-- 14 (a) the reasons for the review decision; and 15 (b) that the applicant may, within 28 days after the day the 16 applicant is given the notice, appeal against the review 17 decision to a Magistrates Court; and 18 (c) how to appeal. 19 (4) If the chief executive does not comply with subsection (1) or 20 (2), the chief executive is taken to have made a decision 21 confirming the appellable decision. 22 (5) For the purpose of an appeal to a Magistrates Court-- 23 (a) if the review decision confirms the appellable decision, 24 the appellable decision is taken to be the review 25 decision; or 26 (b) if the review decision amends the appellable decision, 27 the appellable decision, as amended, is taken to be the 28 review decision. 29 209 Stay of operation of appellable decision 30 (1) If an application is made for an internal review of an 31 appellable decision, the applicant may immediately apply for 32 a stay of the appellable decision to a Magistrates Court. 33

 


 

s 210 127 s 211 Recreation Areas Management Bill 2005 (2) The court may stay the appellable decision to secure the 1 effectiveness of the review and any later appeal to the court. 2 (3) The stay-- 3 (a) may be given on conditions the court considers 4 appropriate; and 5 (b) operates for the period fixed by the court; and 6 (c) may be revoked or amended by the court. 7 (4) The period of the stay must not extend past the time when the 8 chief executive makes a review decision about the appellable 9 decision and any later period the court allows the applicant to 10 enable the applicant to appeal against the review decision. 11 (5) The application affects the appellable decision, or carrying out 12 of the decision, only if the decision is stayed. 13 Division 4 Appeals 14 210 Who may appeal 15 A person who has applied for the review of an appellable 16 decision under division 3 and is dissatisfied with the review 17 decision may appeal to the Magistrates Court against the 18 review decision. 19 211 How to start an appeal 20 (1) An appeal may be started by-- 21 (a) filing a notice of appeal with the registrar of-- 22 (i) the Magistrates Court at the place where the 23 appellant resides or carries on business; or 24 (ii) the Magistrates Court at Brisbane; and 25 (b) complying with the rules of court applicable to the 26 appeal. 27 (2) Subsection (1) does not limit a provision of another law 28 providing for where a proceeding may be started in a 29 Magistrates Court. 30

 


 

s 212 128 s 213 Recreation Areas Management Bill 2005 (3) The notice of appeal must be filed within 28 days after-- 1 (a) the day the person is given a review notice for the review 2 decision; or 3 (b) if paragraph (a) does not apply, the day the person 4 otherwise becomes aware of the review decision. 5 (4) Within 7 days after filing the notice of appeal, the appellant 6 must serve notice of the appeal on the chief executive. 7 (5) The court may, at any time, extend the period for filing the 8 notice of appeal. 9 212 Hearing procedures 10 (1) In deciding the appeal, the court-- 11 (a) has the same powers as the entity that made the review 12 decision; and 13 (b) is not bound by the rules of evidence; and 14 (c) must comply with natural justice. 15 (2) The appeal is by way of rehearing, unaffected by the review 16 decision, on the material before the entity that made the 17 decision and any further evidence allowed by the court. 18 213 Stay of operation of decision 19 (1) The court may grant a stay of the operation of the decision 20 appealed against to secure the effectiveness of the appeal. 21 (2) The stay-- 22 (a) may be given on conditions the court considers 23 appropriate; and 24 (b) operates for the period fixed by the court; and 25 (c) may be revoked or amended by the court. 26 (3) The period of the stay must not extend past the time when the 27 court decides the appeal. 28 (4) The appeal affects the decision, or carrying out of the 29 decision, only if the decision is stayed. 30

 


 

s 214 129 s 216 Recreation Areas Management Bill 2005 214 Powers of court on appeal 1 (1) In deciding the appeal, the Magistrates Court may-- 2 (a) confirm the review decision appealed against; or 3 (b) set aside the review decision appealed against and 4 substitute another decision; or 5 (c) set aside the review decision appealed against and return 6 the matter to the chief executive with the directions the 7 court considers appropriate. 8 (2) If the court substitutes another decision, the substituted 9 decision is, for this Act, other than this division, taken to be 10 the decision of the chief executive. 11 (3) The court may make an order for costs it considers 12 appropriate. 13 215 Appeals from Magistrate Court's decision 14 An appeal to the District Court against a decision of the 15 Magistrates Court may be made only on a question of law. 16 Part 10 Miscellaneous 17 Division 1 Camping notices and tags 18 216 E-permit camping areas 19 (1) The chief executive may erect or display in, at or near the 20 entrance to, a recreation area, a notice (an e-permit camping 21 notice) stating that, in a stated period, the area, or a stated part 22 of the area, is an e-permit camping area. 23 (2) An e-permit camping notice for an e-permit camping area 24 must state the following-- 25 (a) in general terms, the procedures to be followed by 26 persons intending to camp in the area; 27 (b) the conditions applying to a person camping in the area; 28

 


 

s 217 130 s 218 Recreation Areas Management Bill 2005 (c) the penalty for camping in the area without a camping 1 permit. 2 (3) The chief executive may also erect or display an additional 3 conditions notice. 4 217 Camping tag must be available 5 (1) The chief executive must make camping tags available in an 6 accessible and conspicuous position in or near each e-permit 7 camping area. 8 (2) Each tag must include a space for the person to write the 9 details prescribed under a regulation. 10 (3) The chief executive must ensure a person who has applied, or 11 intends to apply, for a camping permit for an e-permit 12 camping area is given notice of the locations where camping 13 tags are available for the area. 14 (4) Without limiting subsection (3), the chief executive must-- 15 (a) publish on the department's web site the locations where 16 camping tags are available for the area; and 17 (b) for a camping permit granted under section 18 37(2)--ensure the written notice given under that 19 section includes the locations where camping tags are 20 available for the e-permit camping area to which the 21 permit relates; and 22 (c) for a camping permit granted under section 37(3)-- 23 ensure the person to whom the permit is granted is 24 advised of the locations where camping tags are 25 available for the e-permit camping area to which the 26 permit relates. 27 218 Self-registration camping areas 28 (1) The chief executive may erect or display in, at or near the 29 entrance to, a recreation area, a notice (a self-registration 30 camping notice) stating that, in a stated period, the area, or a 31 stated part of the area, is a self-registration camping area. 32 (2) A self-registration camping notice, for a self-registration 33 camping area, must state the following-- 34

 


 

s 219 131 s 219 Recreation Areas Management Bill 2005 (a) in general terms, the procedures to be followed by 1 persons intending to camp in the area; 2 (b) the conditions applying to a person camping in the area; 3 (c) the camping fee payable for camping in the area; 4 (d) the penalty for camping in the area without a camping 5 permit. 6 (3) The chief executive must make forms (camping forms) and a 7 sealed, secure container (a camping fee container) available 8 for use for camping in the area. 9 (4) The camping forms and camping fee container must be in an 10 easily accessible and conspicuous position in the area. 11 (5) The camping form must-- 12 (a) state the procedures a person using the form must 13 follow; and 14 (b) include a detachable envelope (a camping fee envelope) 15 and a camping tag; and 16 (c) include, on the camping fee envelope, a section for use 17 for credit card payment of camping fees. 18 Division 2 Records and information 19 219 Records and other information to be kept 20 The holder of a commercial activity or group activity permit 21 must, in relation to activities authorised and conducted under 22 the permit-- 23 (a) keep and store records about the activities, in the way 24 prescribed under a regulation; and 25 (b) include in the records the information prescribed under 26 a regulation; and 27 (c) give to the chief executive information about the 28 activities in the way, at the times and accompanied by 29 the fees, relating to the activities, prescribed under a 30 regulation. 31 Maximum penalty--120 penalty units. 32

 


 

s 220 132 s 223 Recreation Areas Management Bill 2005 220 Interfering with record 1 (1) A person must not, without reasonable excuse-- 2 (a) deface, erase or obliterate an entry in a record 3 mentioned in section 219; or 4 (b) otherwise remove an entry from the record. 5 Maximum penalty--120 penalty units. 6 (2) However, subsection (1) does not apply to a person who 7 removes a record or a copy of a record and gives it to the chief 8 executive. 9 221 Notice of damage to, or loss or destruction of, record 10 If the holder of a commercial activity or group activity permit 11 becomes aware of damage to, or loss or destruction of, a 12 record kept by the holder under section 219, the holder must 13 immediately give written notice of the fact to the chief 14 executive. 15 Maximum penalty--120 penalty units. 16 222 Requirement to produce or surrender record 17 (1) This section applies to a person required to keep a record 18 under this Act. 19 (2) The person must-- 20 (a) if asked by an authorised officer, produce the record for 21 inspection by the officer; and 22 (b) if asked, in writing, by the chief executive, surrender the 23 record to the chief executive. 24 Maximum penalty--120 penalty units. 25 223 Confidentiality of information 26 (1) The chief executive may declare information acquired in the 27 administration of this Act to be confidential information if the 28 chief executive is of the opinion that disclosure of the 29 information may result in an unreasonable level of risk to the 30 wellbeing of a cultural or natural resource of a recreation area. 31

 


 

s 223 133 s 223 Recreation Areas Management Bill 2005 (2) Subsection (3) applies to a person who, while performing 1 duties under, or in relation to, this Act or the repealed Act, 2 acquires or acquired-- 3 (a) information about another person's affairs; or 4 (b) information declared by the chief executive to be 5 confidential under subsection (1). 6 (3) The person must not disclose the information to anyone else, 7 unless the disclosure is permitted under subsection (4). 8 Maximum penalty--165 penalty units. 9 (4) The person may disclose the information to someone else-- 10 (a) to the extent necessary to perform the person's functions 11 under this Act; or 12 (b) if the disclosure is authorised under this Act or another 13 Act; or 14 (c) if the disclosure is otherwise required or permitted by 15 law; or 16 (d) if the person to whom the information relates consents 17 to the disclosure; or 18 (e) if the disclosure is in a form that does not disclose the 19 identity of the person to whom the information relates; 20 or 21 (f) if the information is, or has been, accessible to the 22 public, including, for example, because it is or was 23 recorded in the publicly available part of a register; or 24 (g) if the disclosure is to the Minister to allow the Minister 25 to act under paragraph (h); or 26 (h) if the Minister considers the disclosure is in the public 27 interest and authorises the person to disclose the 28 information. 29

 


 

s 224 134 s 227 Recreation Areas Management Bill 2005 Division 3 Other miscellaneous provisions 1 224 Advisory committees 2 The Minister may establish advisory committees to obtain the 3 views of government entities, individuals, community entities 4 and other non-government entities about recreation area 5 issues. 6 225 Delegation by Minister 7 (1) The Minister may delegate the Minister's powers under this 8 Act to an appropriately qualified public service officer. 9 (2) A delegation of a power may permit the subdelegation of the 10 power to an appropriately qualified public service officer. 11 (3) In this section-- 12 appropriately qualified includes having qualifications, 13 experience or standing appropriate to exercise the power. 14 15 Example-- 16 a person's classification level in the public service 226 Chief executive's power to carry out works 17 Subject to section 4, the chief executive may carry out, in a 18 recreation area, the works the chief executive considers 19 necessary or desirable to achieve the purpose of this Act. 20 227 Liability of State 21 (1) The State is not legally liable for an act or omission in relation 22 to private land merely because the land is part of a recreation 23 area. 24 (2) In this section-- 25 private land means land other than State land. 26

 


 

s 228 135 s 229 Recreation Areas Management Bill 2005 228 Protecting officials from liability 1 (1) An official is not civilly liable for an act done, or omission 2 made, honestly and without negligence under this Act. 3 (2) If subsection (1) prevents a civil liability attaching to an 4 official, the liability attaches instead to the State. 5 (3) In this section-- 6 official means-- 7 (a) the Minister; or 8 (b) the chief executive; or 9 (c) an authorised officer; or 10 (d) a person acting under the direction or authority of the 11 Minister, chief executive or an authorised officer; or 12 (e) an officer or other employee of the department. 13 229 Immunity from prosecution 14 (1) An authorised person is not liable to be prosecuted for an 15 offence against this Act for anything done or omitted to be 16 done in the exercise of a power or performance of a function 17 conferred or imposed on the authorised person under this Act. 18 (2) A person acting under the direction of the Minister, chief 19 executive or an authorised officer is not liable to be 20 prosecuted for an offence against this Act for anything done 21 or omitted to be done under the direction. 22 (3) In this section-- 23 authorised person means-- 24 (a) the chief executive; or 25 (b) an authorised officer; or 26 (c) an officer or other employee of the department acting 27 under the chief executive's authority. 28

 


 

s 230 136 s 230 Recreation Areas Management Bill 2005 230 Recreation areas management fund 1 (1) The Queensland Recreation Areas Management Board Fund 2 established under the repealed Act is continued in existence as 3 the Recreation Areas Management Fund (the fund). 4 (2) The Financial Administration and Audit Act 1977 applies to 5 the fund. 6 (3) Accounts for the fund must be kept as part of the departmental 7 accounts of the department. 8 (4) Amounts received for the fund must be deposited in a 9 departmental financial-institution account of the department 10 but may be deposited in an account used for depositing other 11 amounts of the department. 12 (5) Amounts received for the fund include-- 13 (a) amounts paid to the department as part of its vote under 14 the Financial Administration and Audit Act 1977 and 15 made available by the department for use under this Act; 16 and 17 (b) penalties, costs, fees and charges received by the 18 department under this Act; and 19 (c) other amounts received by the department under this 20 Act. 21 (6) An amount is payable from the fund for the purpose of this 22 Act. 23 24 Example of an amount payable from the fund-- 25 costs of administering this Act (7) In this section-- 26 departmental accounts, of the department, means the 27 accounts of the department under the Financial 28 Administration and Audit Act 1977, section 12. 29 departmental financial-institution account, of the 30 department, means an account of the department kept under 31 the Financial Administration and Audit Act 1977, section 18. 32 other amounts, of the department, means amounts received 33 by the department other than amounts received for the fund. 34

 


 

s 231 137 s 233 Recreation Areas Management Bill 2005 231 Approved forms 1 The chief executive may approve forms for use under this Act. 2 232 Regulation-making power 3 (1) The Governor in Council may make regulations under this 4 Act. 5 (2) Without limiting subsection (1), a regulation may be made 6 about any of the following-- 7 (a) the entry to, or use of (including the conduct of persons 8 in), a recreation area; 9 (b) implementing, and enforcing compliance with, 10 approved management plans; 11 (c) the records and information required to be kept by 12 persons entering or using a recreation area; 13 (d) the fees and charges payable under this Act; 14 15 Example-- 16 fees and charges for conducting activities, or using services and 17 facilities provided by the chief executive, in a recreation area (e) the refunding of fees and charges payable under this Act 18 and the circumstances in which a refund may be made; 19 (f) the waiver of fees. 20 (3) A regulation may prescribe a penalty of not more than 20 21 penalty units for a contravention of a regulation. 22 Part 11 Transitional provisions 23 233 Dissolution of Queensland Recreation Areas 24 Management Authority 25 On the commencement of this section, the Queensland 26 Recreation Areas Management Authority established under 27 the repealed Act is dissolved and its members go out of office. 28

 


 

s 234 138 s 237 Recreation Areas Management Bill 2005 234 Dissolution of Queensland Recreation Areas 1 Management Board 2 On the commencement of this section-- 3 (a) the Queensland Recreation Areas Management Board 4 established under the repealed Act is dissolved and its 5 members go out of office; and 6 (b) the assets, rights and liabilities of the board vest in the 7 State; and 8 (c) the State is substituted for the board in all agreements to 9 which the board is a party. 10 235 Existing recreation areas continue 11 A recreation area established under the repealed Act and in 12 existence immediately before the commencement of this 13 section continues in existence as a recreation area under this 14 Act and may be amalgamated, divided or revoked under this 15 Act. 16 236 Existing consents and agreements about the inclusion of 17 land in recreation areas continue 18 (1) This section applies to a consent given, or agreement entered 19 into, under the repealed Act about the inclusion of land in a 20 recreation area if the consent or agreement is in force 21 immediately before the commencement of this section. 22 (2) The consent or agreement continues in existence, subject to 23 this Act, and is taken to have been given or entered into under 24 this Act. 25 237 Existing management plans continue 26 (1) This section applies to a management plan for a recreation 27 area in force under the repealed Act immediately before the 28 commencement of this section. 29 (2) The plan continues in force and is taken to be an approved 30 management plan for the area. 31 (3) The plan-- 32

 


 

s 238 139 s 239 Recreation Areas Management Bill 2005 (a) must be read with the changes necessary to make it 1 consistent with, and adapt its operation to, this Act; and 2 (b) may be amended or repealed under this Act. 3 238 Management plans being prepared 4 (1) This section applies to a management plan for a recreation 5 area being prepared under the repealed Act. 6 (2) To the extent the process of preparing the plan has been 7 completed under the repealed Act, that part of the preparation 8 is taken to have been completed under this Act. 9 (3) The remaining processes required to make the plan an 10 approved management plan may be completed under this Act. 11 239 Existing permits, approvals and agreements continue 12 (1) A permit in force under the repealed Act immediately before 13 the commencement of this section is taken to be a permit of 14 the following type under this Act-- 15 (a) if the permit was a camping permit--a camping permit; 16 (b) if the permit was a commercial activity permit--a 17 commercial activity permit; 18 (c) if the permit was a commercial tour operator permit--a 19 commercial activity permit; 20 (d) if the permit was a temporary commercial tour operator 21 permit--a commercial activity permit; 22 (e) if the permit was a group activity permit--a group 23 activity permit; 24 (f) if the permit was a service permit--a vehicle access 25 permit. 26 (2) An approval given under the repealed Act is, if its effect is not 27 exhausted at the commencement of this section, taken to be an 28 approval given under this Act. 29 (3) An agreement under the repealed Act authorising commercial 30 activities and in force immediately before the commencement 31 of this section is taken to be a commercial activity agreement 32 under this Act. 33

 


 

s 240 140 s 240 Recreation Areas Management Bill 2005 240 Existing applications for permits, approvals and 1 agreements continue 2 (1) An application for a permit made, but not decided, under the 3 repealed Act before the commencement of this section is 4 taken to be an application for a permit of the following type 5 made under this Act-- 6 (a) if the application was for a camping permit--a camping 7 permit; 8 (b) if the application was for a commercial activity 9 permit--a commercial activity permit; 10 (c) if the application was for a commercial tour operator 11 permit--a commercial activity permit; 12 (d) if the application was for a temporary commercial tour 13 operator permit--a commercial activity permit; 14 (e) if the application was for a group activity permit--a 15 group activity permit; 16 (f) if the application was for a service permit--a vehicle 17 access permit. 18 (2) An application for an approval made, but not decided, under 19 the repealed Act before the commencement of this section is 20 taken to be an application for an approval of the same thing 21 made under this Act. 22 (3) Subsection (4) applies if-- 23 (a) an application was made under the repealed Act for an 24 agreement to carry out a commercial activity in a 25 recreation area; and 26 (b) the agreement was not entered into before the 27 commencement of this section; and 28 (c) the application was still the subject of consideration 29 under the repealed Act immediately before the 30 commencement. 31 (4) The application is taken to be an application under this Act for 32 a commercial activity agreement. 33

 


 

s 241 141 s 243 Recreation Areas Management Bill 2005 241 Existing directions, requirements, notices and decisions 1 continue 2 A direction, requirement, notice or decision (the 3 authorisation) given or made under the repealed Act is, if its 4 effect is not exhausted at the commencement of this section, 5 taken to have been given or made under this Act by-- 6 (a) if the authorisation was given or made by the 7 Minister--the Minister; or 8 (b) if the authorisation was given or made by the authority 9 or the board--the chief executive; or 10 (c) if the authorisation was given or made by an authorised 11 officer--an authorised officer. 12 242 Existing authorised officers continue 13 (1) A person who held appointment as an authorised officer under 14 the repealed Act immediately before the commencement of 15 this section is taken to be an authorised officer under this Act. 16 (2) A person taken to be an authorised officer under section 17 22(3)(a) of the repealed Act before the commencement of this 18 section is taken to be an authorised officer under this Act for a 19 term of 1 year starting on the commencement of this section. 20 (3) For part 8, an identity card issued under the Nature 21 Conservation Act 1992 to a person taken, under subsection 22 (2), to be an authorised officer under this Act is, for the period 23 mentioned in subsection (2), taken to be an identity card for 24 the person under this Act. 25 243 Existing legal proceedings continue 26 A legal proceeding that could have been started or continued 27 under the repealed Act by or against the Queensland 28 Recreation Areas Management Authority or the Queensland 29 Recreation Areas Management Board before the 30 commencement of this section may be started or continued by 31 or against the State under this Act. 32

 


 

s 244 142 s 249 Recreation Areas Management Bill 2005 244 Existing advisory committee continues 1 An advisory committee established under the repealed Act 2 and in existence at the commencement of this section 3 continues as if the advisory committee were established under 4 this Act. 5 245 References to Recreation Areas Management Act 1988 6 A reference in an Act or document to the repealed Act is, if 7 the context permits, taken to be a reference to this Act. 8 246 References to Queensland Recreation Areas 9 Management Authority 10 A reference in an Act or document to the Queensland 11 Recreation Areas Management Authority established under 12 the repealed Act is, if the context permits, taken to be a 13 reference to the State. 14 247 References to Queensland Recreation Areas 15 Management Board 16 A reference in an Act or document to the Queensland 17 Recreation Areas Management Board established under the 18 repealed Act is, if the context permits, taken to be a reference 19 to the chief executive. 20 248 References to Queensland Recreation Areas 21 Management Board Fund 22 A reference in an Act or document to the Queensland 23 Recreation Areas Management Board Fund established under 24 the repealed Act is, if the context permits, taken to be a 25 reference to the fund established under section 230. 26 249 Application of particular sections 27 (1) Section 182 applies to property whether the property was 28 abandoned before or after-- 29 (a) the commencement of this section; or 30

 


 

s 250 143 s 251 Recreation Areas Management Bill 2005 (b) the area where the property was abandoned was 1 declared to be a recreation area. 2 (2) Section 183 applies to structures and works whether the 3 structures were erected or the works carried out before or 4 after-- 5 (a) the commencement of this section; or 6 (b) the area where the structures were erected or the works 7 carried out was declared to be a recreation area. 8 250 Transitional regulation-making power 9 (1) A regulation (a transitional regulation) may make provision 10 about a matter for which-- 11 (a) it is necessary to make provision to allow or facilitate 12 the doing of anything to achieve the transition from the 13 operation of the repealed Act to the operation of this 14 Act; and 15 (b) this Act does not make provision or sufficient provision. 16 (2) A transitional regulation may have retrospective operation to a 17 day not earlier than the day this section commences. 18 (3) A transitional regulation must declare it is a transitional 19 regulation. 20 (4) This section and any transitional regulation expires 12 months 21 after the day this section commences. 22 Part 12 Repeal and consequential 23 amendments 24 251 Act repealed 25 The Recreation Areas Management Act 1988 No. 110 is 26 repealed. 27

 


 

s 252 144 s 253 Recreation Areas Management Bill 2005 252 Amendment of Mineral Resources Act 1989 1 The Mineral Resources Act 1989, section 396, `1988'-- 2 omit, insert-- 3 `2005'. 4 253 Amendment of Police Powers and Responsibilities Act 5 2000 6 The Police Powers and Responsibilities Act 2000, section 7 61(e), `1988' 8 omit, insert-- 9 `2005'. 10

 


 

145 Recreation Areas Management Bill 2005 Schedule Dictionary 1 section 3 2 additional conditions notice, for an e-permit camping area, 3 means a notice erected or displayed near an e-permit camping 4 notice stating conditions, applying to a person camping in the 5 area, additional to the conditions stated in the e-permit 6 camping notice. 7 aircraft includes a helicopter. 8 appellable decision means a decision of the chief executive 9 for which an information notice must be given. 10 approved management plan means a final management plan 11 approved under section 22. 12 area land-holder means any of the following for land in a 13 recreation area-- 14 (a) for freehold land--the registered owner of the land; 15 (b) for land subject to a lease or licence under the Land Act 16 1994--the holder of the lease or licence; 17 (c) for a reserve under the Land Act 1994 placed under the 18 control of a trustee--the trustee; 19 (d) for land subject to a mining interest--the holder of the 20 interest; 21 (e) for land subject to an exclusive possession 22 determination--the holder of the native title rights and 23 interests under the determination; 24 (f) for State land--the chief executive of the department 25 administering the land. 26 authorisation, in relation to a commercial activity agreement, 27 means-- 28 (a) the commercial activity authorised to be conducted 29 under the agreement; and 30 (b) the obligations under the agreement for, and the 31 conditions relating to, the conduct of the activity. 32

 


 

146 Recreation Areas Management Bill 2005 Schedule (continued) authorised officer means a person appointed as an authorised 1 officer under this Act. 2 buyer, for part 5, division 6, see section 94(1). 3 camp includes each of the following-- 4 (a) to pitch, place or erect a tent, caravan or another 5 structure that may be used for camping for the purpose 6 of staying overnight by using the tent, caravan or 7 structure; 8 (b) to place other equipment that may be used for camping, 9 or a vehicle or vessel, in position for the purpose of 10 staying overnight by using the equipment, vehicle or 11 vessel; 12 (c) to keep a tent, caravan, another structure or other 13 equipment that may be used for camping in position 14 overnight, whether or not the tent, caravan, structure or 15 equipment is unattended; 16 (d) to stay overnight, other than as part of an activity that-- 17 (i) does not involve the use of any camping 18 equipment; and 19 (ii) is generally not considered to be camping. 20 camping fee means the fee prescribed under a regulation for 21 camping in a recreation area. 22 camping fee container see section 218(3) 23 camping fee envelope see section 218(5)(b). 24 camping form see section 218(3). 25 camping permit includes a camping permit taken to have been 26 granted under-- 27 (a) section 37(2) or (3) for an e-permit camping area; and 28 (b) section 37(4) for a self-registration camping area. 29 camping tag means a tag made available by the chief 30 executive for display at a person's camp site to show the 31 person has a camping permit for the site. 32

 


 

147 Recreation Areas Management Bill 2005 Schedule (continued) commercial activity-- 1 1 A commercial activity is an activity conducted for gain. 2 3 Examples of activities conducted for gain-- 4 · the hire or sale of goods or services 5 · commercial photography 6 · a guided tour, safari, scenic flight, cruise or excursion 7 · advertising or promoting the use of a recreation area as part of a 8 tour, safari, scenic flight, cruise or excursion 9 · advertising or promoting the use of a recreation area as a feature 10 associated with a resort or tourist facility on land adjoining the area 2 A commercial activity does not include-- 11 (a) an exempt activity; or 12 (b) an exempt media activity. 13 commercial activity agreement means an agreement entered 14 into under section 69. 15 corresponding authority means a permit, licence or other 16 authority issued under another law of the State, authorising 17 entry to, the use of, or the doing of a thing in, an area within a 18 recreation area for an activity or purpose for which a permit or 19 other authority may be issued under this Act. 20 cultural resources, of a recreation area, means places or 21 objects having an anthropological, archaeological, historical, 22 scientific, spiritual or sociological significance or value, 23 including a significance or value of that kind under Aboriginal 24 tradition or Island custom. 25 demerit point means a demerit point accumulated under 26 section 142. 27 department's web site means the department's web site on the 28 Internet.5 29 determination of native title see the Native Title Act 1993 30 (Cwlth), section 225. 31 5 At the commencement of this schedule, the department's web site was-- .

 


 

148 Recreation Areas Management Bill 2005 Schedule (continued) e-permit camping area means a recreation area, or part of a 1 recreation area, stated to be an e-permit camping area by an 2 e-permit camping notice. 3 e-permit camping notice see section 216. 4 exclusive possession determination, for land, means a 5 determination of native title that includes a determination to 6 the effect that native title rights and interests under the 7 determination confer possession of the land on native title 8 holders to the exclusion of all others. 9 executive officer, of a corporation, means a person who is 10 concerned with, or takes part in, its management, whether or 11 not the person is a director or the person's position is given the 12 name of executive officer. 13 exempt activity means an activity for which the chief 14 executive is reasonably satisfied the use of a recreation area is 15 incidental to, and not integral to, the conducting of the 16 activity. 17 18 Examples of exempt activities-- 19 · a scheduled bus service through a recreation area that is not a part 20 of a tour or safari in the area 21 · conducting an activity in a recreation area if the activity involves a 22 trade and is conducted for the chief executive or an area land-holder 23 · providing a mechanical or vehicle towing service for a visitor in a 24 recreation area 25 · commercial fishing under the Fisheries Act 1994, other than a 26 commercial fishing tour exempt media activity means an activity that is-- 27 (a) the filming or photographing of, or in relation to, an 28 event; and 29 (b) conducted when, or as soon as practicable after, the 30 event happens; and 31 (c) conducted for publishing a report of the event-- 32 (i) on television or in a newspaper, magazine or 33 similar publication; and 34 (ii) to inform the public about the event; and 35

 


 

149 Recreation Areas Management Bill 2005 Schedule (continued) (d) of a type the chief executive has declared as exempt 1 media activity by publishing the declaration on the 2 department's web site. 3 fee includes tax. 4 group activity-- 5 1 A group activity is an activity involving the organised 6 use of a part of a recreation area-- 7 (a) by a group of persons; and 8 (b) in a way that may restrict access to the part by the 9 general public, or affect the enjoyment of the part 10 by the general public, having regard to-- 11 (i) the location of the part; and 12 (ii) the number of members of the public that are 13 likely to be in the area at the time the activity 14 is being carried out. 15 16 Examples of activities that may be a group activity-- 17 a concert, rally, public meeting, religious activity, wedding or organised 18 sporting activity 2 A group activity does not include an activity carried out 19 in an area, by a relevant Aboriginal or Torres Strait 20 Islander entity for the area, under Aboriginal tradition or 21 Island custom. 22 guide dog see the Guide Dogs Act 1972, section 3. 23 information notice, about a decision, means a notice stating 24 each of the following-- 25 (a) the decision; 26 (b) the reasons for the decision; 27 (c) how the person receiving the notice may appeal against 28 the decision. 29 insurance cover, for activities to be conducted under a 30 commercial activity or group activity permit, means a policy 31 of insurance that insures the applicant for the permit against a 32 claim for damage, injury or loss to a person, and damage to 33

 


 

150 Recreation Areas Management Bill 2005 Schedule (continued) property, arising from the activities to be conducted under the 1 permit. 2 lake includes lagoon, swamp, marsh and any other natural 3 collection of water. 4 land includes-- 5 (a) land that is, or is at any time, covered by water; and 6 (b) Queensland waters. 7 management intent, for a recreation area, includes an outline 8 of each of the following-- 9 (a) the goals intended to be achieved by managing the area; 10 (b) the policies to be implemented to achieve the goals. 11 mining interest means-- 12 (a) a mining claim, mineral development licence or mining 13 lease under the Mineral Resources Act 1989; or 14 (b) a petroleum lease under the Petroleum Act 1923 or the 15 Petroleum and Gas (Production and Safety) Act 2004; or 16 (c) a potential commercial area declared under the 17 Petroleum and Gas (Production and Safety) Act 2004. 18 motor vehicle-- 19 1 Motor vehicle includes a bus, car, motor bike, quad, 20 tractor, trike or truck. 21 2 Motor vehicle does not include an aircraft, a bicycle, a 22 hovercraft or motorised wheelchair. 23 native title party, for an area, means-- 24 (a) a registered native title body corporate under the Native 25 Title Act 1993 (Cwlth), section 253 for the area; or 26 (b) an entity, other than a registered native title body 27 corporate, that is the subject of a determination of native 28 title under the Native Title Act 1993 (Cwlth), and is 29 registered on the National Native Title Register as 30 holding native title rights and interests for the area; or 31

 


 

151 Recreation Areas Management Bill 2005 Schedule (continued) (c) a registered native title claimant under the Native Title 1 Act 1993 (Cwlth), section 253 for the area; or 2 (d) if there is no registered native title claim for the area and 3 an entity has filed a native title determination 4 application in the Federal Court for the area--the entity. 5 natural resources, of a recreation area, means the natural and 6 physical features and processes of the area, including living 7 organisms, soil, water, minerals and air. 8 other party, for a commercial activity agreement, see section 9 89. 10 permit means a permit issued under this Act. 11 permit fee means the fee prescribed under a regulation for a 12 permit issued under this Act. 13 personal water craft means a power driven device that-- 14 (a) has a fully enclosed hull designed not to take on water if 15 capsized; and 16 (b) is designed to be operated by a person standing, 17 crouching or kneeling on it or sitting astride it. 18 place includes vacant land or premises. 19 prescribed commercial activity means a commercial activity 20 declared under section 97 to be a prescribed commercial 21 activity. 22 public health and safety act means an act, the regulation or 23 prohibition of which, the chief executive believes is necessary 24 or desirable to diminish the risk of death, injury or illness to 25 users of a recreation area or adjoining areas. 26 public notice means a notice published in-- 27 (a) a newspaper circulating generally in the area in which 28 the recreation area the subject of the notice is located; 29 and 30 (b) a newspaper circulating throughout the State. 31 reasonably believes means believes on grounds that are 32 reasonable in the circumstances. 33

 


 

152 Recreation Areas Management Bill 2005 Schedule (continued) reasonably considers means considers on grounds that are 1 reasonable in the circumstances. 2 recreational craft means a hot air balloon, hang-glider, 3 hovercraft, parachute, paraglider, ultralight aircraft or other 4 craft or device prescribed under a regulation. 5 recreation area means an area declared under section 7 to be 6 a recreation area. 7 recreation area agreement see section 6(2). 8 recreation management condition see section 72(1). 9 registrar of titles means the registrar of titles under the Land 10 Title Act 1994. 11 regulatory notice see section 99. 12 relevant Aboriginal or Torres Strait Islander entity, for a 13 recreation area or proposed recreation area, means-- 14 (a) a native title party for the area; or 15 (b) an Aboriginal party for the area under the Aboriginal 16 Cultural Heritage Act 2003; or 17 (c) a Torres Strait Islander party for the area under the 18 Torres Strait Islander Cultural Heritage Act 2003; or 19 (d) a person entitled, under the Aboriginal Communities 20 (Justice and Land Matters) Act 1984, section 174(1) or 21 the Community Services (Torres Strait) Act 1984, 22 section 184(1), to take marine products or fauna in the 23 area. 24 relevant details, for a group activity permit, a commercial 25 activity permit, a commercial activity agreement or a 26 corresponding authority, means the details needed to identify 27 the following matters-- 28 (a) the name of the person to whom the permit or authority 29 has been issued or the name of the other party to the 30 agreement; 31 (b) the date on which the permit, agreement or authority 32 was issued or entered into; 33

 


 

153 Recreation Areas Management Bill 2005 Schedule (continued) (c) the recreation area, or the part of a recreation area, to 1 which the permit, agreement or authority applies; 2 (d) the activity authorised under the permit, agreement or 3 authority. 4 repealed Act means the repealed Recreation Areas 5 Management Act 1988. 6 restricted access area means an area declared to be a 7 restricted access area under section 101 or 102. 8 restricted access area notice see section 101(1). 9 review decision see section 208(1). 10 review notice see section 208(2). 11 self-registration camping area, see section 218. 12 self-registration camping notice, see section 218(1). 13 seller, for part 5, division 6, see section 94(1). 14 specified cooking or heating appliance means a portable 15 cooking or heating appliance that is self-contained and uses 16 manufactured fuel, including, for example, refined oil or gas. 17 State land means all land in Queensland that is not-- 18 (a) freehold land (other than freehold land for which the 19 State is the registered proprietor); or 20 (b) land contracted to be granted in fee-simple by the State; 21 or 22 (c) a reserve under the Land Act 1994 under the control of a 23 trustee who does not represent the State; or 24 (d) subject to a lease or licence under the Land Act 1994; or 25 (e) subject to a mining interest; or 26 (f) subject to an exclusive possession determination. 27 under control, for a dog, means-- 28 (a) a person who is physically able to control the dog is 29 holding the dog by a leash; or 30

 


 

154 Recreation Areas Management Bill 2005 Schedule (continued) (b) the dog is securely tethered to a fixed object and is under 1 the supervision of a person who is physically able to 2 control the dog; or 3 (c) the dog is being transported in an enclosed vehicle, 4 carry cage or other suitable closed container; or 5 (d) the dog is being transported on the tray of a vehicle and 6 is securely tethered so as to be confined to the vehicle 7 tray. 8 vehicle includes a bicycle, hovercraft, motor vehicle and any 9 other form of transport designed for movement over land. 10 vessel includes a barge, boat, ferry, hovercraft, personal water 11 craft, pontoon, water taxi or other thing capable of carrying 12 people or goods through water. 13 watercourse means a river, creek or stream in which water 14 flows permanently or intermittently. 15 © State of Queensland 2005

 


 

AMENDMENTS TO BILL

1 Recreation Areas Management Bill 2005 Recreation Areas Management Bill 2005 Amendments agreed to during Consideration 1 Clause 232-- At page 137, after line 22-- insert-- `(4) Without limiting subsection (2)(d), a regulation may prescribe amounts as fees having regard to the costs of administering this Act for the management of recreation areas.'. 2 Schedule-- At page 149, line 4-- omit.

 


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