NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017

Queensland Consolidated Regulations

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NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017

- Made under the Nature Conservation Act 1992
- As at 22 March 2024
- Reg 157 of 2017

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

PART 1 - GENERAL

1. Short title
2. Commencement
3. Overview
4. (Repealed)

PART 2 - APPLICATION

5. (Repealed)
6. Application generally
7. Application to national park (Aboriginal land) or national park (Torres Strait Islander land)
8. Application to State forest or timber reserve in coordinated conservation area
9. Application to special wildlife reserve and nature refuge
9A. Application to coordinated conservation area
10. Application to particular activities in resources reserve

PART 3 - INTERPRETATION

11. Dictionary
12. What is a protected area authority
12A. Meaning of character of an area
12B. Meaning of relevant person
12C. References to wildlife
13. Measurement of position under regulation
13A. Rounding of amounts expressed as numbers of fee units

CHAPTER 2 - GENERAL PROVISIONS ABOUT PARTICULAR PROTECTED AREAS

PART 1 - TRUSTEES OF CONSERVATION PARKS OR RESOURCES RESERVES

14. Trustees of particular conservation parks to manage park—Act, s 31
15. Trustees of particular resources reserves to manage reserve—Act, s 31
16. Application of fees charged by trustees

PART 2 - PERMITTED USES IN NATIONAL PARKS

17. Permitted uses in national parks—Act, s 35
18. Permitted uses in national parks under former Act—Act, s 37

PART 3 - APIARY PERMITS FOR NATIONAL PARKS

18AA. Apiary areas—Act, s 36A
18AB. Requirement for apiary permits—Act, s 36A

CHAPTER 3 - TAKING, USING, KEEPING OR INTERFERING WITH CULTURAL OR NATURAL RESOURCES

PART 1A - PRELIMINARY

18A. Purpose of chapter
18B. Grant of permits or authorities

PART 1 - PROVISIONS APPLYING TO ALL OR MOST PERMITS OR AUTHORITIES

Division 1 - Considering applications for permits or authorities

19. Additional matters to be considered
19AA. Additional matters for particular Indigenous areas

Division 2 - Restrictions on grant

19AB. Restriction on grant for Aboriginal land protected areas
19AC. Restriction on grant for particular protected areas in Cape York Peninsula Region

PART 2 - RESOURCES PERMITS AND APIARY PERMITS

Division 1 - Restrictions on grant

19A. Restrictions on grant for special wildlife reserve and nature refuge
20. Restriction on grant about insurance

Division 2 - Resources permits

Subdivision 1 - Additional restrictions on grant of resources permit for particular cultural or natural resources

21. Restriction about protected area for grant of permit for quarry material
22. Restrictions about permit for plant parts

Subdivision 2 - Additional restrictions on grant of resources permit for educational purposes

23. General restriction on grant of permit
24. Restriction about persons to whom permit may be granted
25. Restriction about purposes for which permit may be granted

Subdivision 3 - Additional restrictions on grant of resources permit for scientific purposes

26. General restriction on grant of permit
27. Restriction about persons to whom permit may be granted
28. Restriction about purposes for which permit may be granted

Subdivision 4 - Activities authorised by resources permits

29. Taking, using, keeping and interfering with particular resources authorised

Subdivision 5 - Conducting activities under particular resources permit

30. Royalty payable for quarry material

Division 3 - Apiary permits

Subdivision 1 - Additional restrictions on grant of apiary permit

31. Restriction about protected areas for grant of permit
31A. Restrictions about apiary sites for grant of permit
32. Restriction about number of beehives

Subdivision 2 - Activities authorised by apiary permits

33. Taking, using, keeping and interfering with particular resources for apiary authorised

PART 3 - ABORIGINAL TRADITION OR ISLAND CUSTOM AUTHORITIES FOR TAKING, USING, KEEPING OR INTERFERING WITH CULTURAL OR NATURAL RESOURCES

Division 1 - General restrictions on grant for Aboriginal tradition or Island custom authorities

34. Restriction about resources for which authorities may be granted
35. Restriction about way for taking, using, keeping or interfering with resources

Division 2 - Aboriginal tradition authorities

Subdivision 1 - Considering application

36. Additional matters to be considered

Subdivision 2 - Additional restrictions on grant

37. Restriction about persons to whom authority may be granted
38. Restriction about circumstances under which authority may be granted for particular national parks

Subdivision 3 - Activities authorised by Aboriginal tradition authority

39. Taking, using, keeping and interfering with particular resources authorised

Subdivision 4 - Conducting activities under Aboriginal tradition authority

40. Notifying persons about authorisations and conditions
41. Way cultural or natural resource may be taken

Division 3 - Island custom authorities

Subdivision 1 - Considering application

42. Additional matters to be considered

Subdivision 2 - Additional restrictions on grant

43. Restriction about persons to whom authority may be granted
44. Restriction about circumstances under which authority may be granted for particular national parks

Subdivision 3 - Activities authorised by Island custom authority

45. Taking, using, keeping and interfering with particular resources authorised

Subdivision 4 - Conducting activities under Island custom authority

46. Notifying persons about authorisations and conditions
47. Way cultural or natural resource may be taken

PART 4 - OTHER TAKING, USING, KEEPING OR INTERFERING WITH CULTURAL OR NATURAL RESOURCES

48. Controlling activity
49. Fish, invertebrate animals or mud crabs in particular protected areas
50. (Repealed)

CHAPTER 4 - PROVISIONS ABOUT PERMITS FOR ACCESS TO, USE OF AND CONDUCT WITHIN PROTECTED AREAS

PART 1A - PRELIMINARY

50A. Purpose of chapter
50B. Grant of permits

PART 1 - PROVISIONS APPLYING TO ALL OR MOST PERMITS

Division 1 - Considering applications for activity permits

51. Additional matters to be considered

Division 2 - Restrictions on grant

52. Permit must be consistent with management principles and management intent or plan, or conservation agreement
52A. Restrictions on grant for special wildlife reserve
52B. Restrictions on grant for nature refuge
53. Restriction on grant about insurance

Division 3 - Activity authorised by most permits or not authorised by any permit

54. Access to restricted area authorised under particular permits
55. Access to area closed to the public not authorised

PART 2 - CAMPING PERMITS

56. Camping authorised under permit

PART 3 - RESTRICTED ACCESS AREA PERMITS

57. Entering restricted access area authorised under permit

PART 4 - STOCK GRAZING PERMITS

58. Restriction about protected areas for which permit may be granted
59. Grazing stock in particular areas authorised under permit

PART 5 - STOCK MUSTERING PERMITS

60. Mustering stock in particular areas authorised under permit
61. Using particular animals or vehicles to muster stock authorised under particular permits

PART 6 - TRAVELLING STOCK PERMITS

62. Restriction about protected areas for which permit may be granted
63. Travelling stock in particular areas authorised under permit

PART 7 - PERMITS TO ENTER NATIONAL PARK (SCIENTIFIC)

64. Entering particular national parks authorised under permit

PART 8 - COMMERCIAL ACTIVITY PERMITS

Division 1 - Activities authorised under permits

65. Conducting particular activities in particular areas authorised under permit

Division 2 - Requirements for records

66. Particular holders to keep records
66A. Details and timing for records
66B. How records must be kept
66C. Where records or copies must be kept
66D. How long records or copies must be kept

Division 3 - Requirements for returns of operations

66E. Particular holders to give returns to chief executive
66F. Giving returns
67. Chief executive to give invoices for returns
67A. Way and how long return of operations must be kept

Division 4 - Other requirements for records and returns

67B. Information must be complete, accurate and legible
67C. Notice of theft, loss or destruction of, or damage to, records or returns
67D. Tampering with records or returns of operations

PART 9 - PERMITS TO SOLICIT DONATIONS OR INFORMATION

68. Soliciting donations or information in particular areas authorised under permit

PART 10 - ORGANISED EVENT PERMITS

69. Conducting particular activities in particular areas authorised under permit

PART 11 - PERMITS TO USE RECREATIONAL CRAFT

70. Using particular recreational craft in particular areas authorised under permit

PART 12 - SPECIAL ACTIVITY PERMITS

71. Conducting particular activities in particular areas authorised under permit

CHAPTER 4A - MANAGING PROTECTED AREA AUTHORITIES

PART 1 - APPLICATIONS FOR AUTHORITIES

Division 1 - Preliminary

71AA. Application of part

Division 2 - Making applications

71AB. Requirements for application
71AC. Commercial activity permit applications must include request for record book or approval of electronic record system

Division 3 - Suitability

71AD. Purpose of division
71AE. Definitions for division
71AF. Restriction on grant for suitability
71AG. Suitability based on convictions
71AH. Suitability based on other matters
71AI. Accumulation of demerit points

Division 4 - Considering applications

71AJ. General matters for chief executive to consider
71AK. Additional matters for refusal of particular applications
71AL. Chief executive may require further information or document
71AM. Amending application
71AN. Chief executive may request public notice of application

Division 5 - Deciding applications

71AO. Chief executive to decide application
71AP. Steps to be taken after application decided

PART 2 - CAMPING PERMITS IN PARTICULAR AREAS

Division 1 - E-permit camping areas

71AQ. Establishing areas
71AR. When camping permit for e-permit camping area granted
71AS. Extent to which e-camping permit granted

Division 2 - Self-registration camping areas

71AT. Establishing areas
71AU. When camping permit for self-registration camping area granted
71AV. Extent to which self-registered camping permit granted

PART 3 - FORM OF AUTHORITIES

71AW. Application of part
71AX. Form
71AY. Matters to be stated in authority
71AZ. Chief executive must issue camping tags for camping permits

PART 4 - TERM OF AUTHORITIES

71BA. Application of part
71BB. Term
71BC. Maximum terms for permits and authorities for taking etc. cultural or natural resources
71BD. Maximum term for activity permits

PART 5 - AMENDMENT, SUSPENSION OR CANCELLATION OF AUTHORITIES

Division 1 - Preliminary

71BE. Application of part

Division 2 - Minor amendments

71BF. Minor amendments by chief executive

Division 3 - Amendments by application

71BG. Application for amendment
71BH. Considering and deciding application
71BI. Steps to be taken after application decided

Division 4 - Non-immediate amendments by chief executive

71BJ. Grounds for amendment
71BK. Procedure for amendment

Division 5 - Immediate amendment or suspension by chief executive

71BL. Safety and conservation grounds
71BM. Failure to pay fee or royalty or give return

Division 6 - Non-immediate suspension or cancellation by chief executive

71BN. Grounds
71BO. Procedure

Division 7 - Return of authorities

71BP. After amendment
71BQ. After suspension
71BR. After cancellation

PART 6 - TRANSFER OF APIARY AND JOINT MARINE PARK AUTHORITY PERMITS

Division 1 - Transferable permits

71BS. Particular permits transferable

Division 2 - Apiary permits

71BT. Transfer of apiary permits

Division 3 - Joint marine park authority permits

71BU. Application to transfer
71BV. Considering application
71BW. Chief executive’s power to require further information
71BX. Decision on application
71BY. Steps after approval of transfer

PART 7 - RENEWAL AND CONTINUATION OF COMMERCIAL ACTIVITY PERMITS

Division 1 - Preliminary

71BZ. Definitions for part

Division 2 - Renewal requests

71CA. Holder may apply for renewal of commercial activity permit
71CB. Existing permit continues in effect until renewal request is decided
71CC. When chief executive may renew permit
71CD. When activities under a new permit are substantially the same as under an existing permit
71CE. Steps to be taken if chief executive renews permit
71CF. Step to be taken if chief executive refuses to renew permit

Division 3 - Continuation of other permits for new applications

71CG. Permits taken to have effect while new application considered

PART 8 - REPLACEMENT AND SURRENDER OF AUTHORITIES

71CH. Application of part
71CI. Replacement
71CJ. Surrender

PART 9 - REQUIREMENTS FOR AUTHORITIES

71CK. Application of part
71CL. Compliance with conditions of authority
71CM. Authority must be available for inspection
71CN. Requirement to notify chief executive of particular changes and ask for amendment

CHAPTER 4B - COMMERCIAL ACTIVITY AGREEMENTS

PART 1 - PRELIMINARY

71CO. Chief executive may enter into agreement
71CP. Restrictions on entering into agreement—conservation of protected area
71CQ. Restrictions on entering into agreement—suitability of party
71CR. Restrictions on entering into agreement—insurance
71CS. Content of agreement
71CT. Mandatory conditions of agreement

PART 2 - EXPRESSION OF INTEREST PROCESS

71CU. Application of part
71CV. Invitation for expressions of interest
71CW. Requirements for expression of interest
71CX. Requirements for process
71CY. Chief executive may request further information
71CZ. Amending expression of interest
71DA. Notice to unsuccessful submitters

PART 3 - APPLICATION PROCESS

71DB. Application of part
71DC. Applying for agreement
71DD. Matters to be considered for application
71DE. Chief executive may request further information
71DF. Amending the application
71DG. Chief executive may request public notice of application for commercial activity agreement
71DH. Negotiating application for agreement
71DI. Steps to be taken after application decided

PART 4 - REQUIREMENTS APPLYING TO, AND NATURE OF, AGREEMENTS

71DJ. Term and review of agreements
71DK. Nature of agreement

PART 5 - AMENDMENT, SUSPENSION AND CANCELLATION OF AGREEMENT

71DL. Immediate amendment or suspension of agreement for safety or conservation
71DM. Non-immediate amendment of agreement—grounds
71DN. Non-immediate amendment of agreement—procedure
71DO. Non-immediate cancellation of agreement or suspension of authorisation under agreement—grounds
71DP. Non-immediate cancellation of agreement or suspension of authorisation under agreement—procedure

PART 6 - TRANSFER OF AUTHORISATION UNDER AGREEMENT

71DQ. Application to transfer authorisation
71DR. Approval or non-approval of transfer
71DS. Giving effect to transfer

PART 7 - REQUIREMENT TO HAVE AGREEMENT OR COPY AVAILABLE FOR INSPECTION

71DT. Agreement or copy must be available for inspection

CHAPTER 5 - REGULATORY NOTICES AND DECLARATIONS

PART 1 - PRELIMINARY

72. Definition for chapter

PART 2 - REGULATORY NOTICES

73. Requirements for regulatory notices
74. Particular regulatory notices for Aboriginal land protected areas
75. Particular regulatory notices for particular protected areas to which indigenous land use agreements apply
76. Regulatory information notice
77. Erection of regulatory notice or regulatory information notice is evidence of particular matters

PART 3 - DECLARATION OF RESTRICTED ACCESS AREA

78. Declaration of restricted access area
79. Reasons for declaring restricted access area
80. Consultation with stakeholders about declarations
81. Declarations for Aboriginal land protected areas
82. Declarations for particular protected areas to which indigenous land use agreements apply
83. When declarations end

PART 4 - DECLARATION OF PRESCRIBED COMMERCIAL ACTIVITY

84. Declaration of prescribed commercial activity

PART 5 - DECLARATION OF SPECIAL ACTIVITY

85. Declaration of special activity
86. Activities that may be special activities
87. Consultation with stakeholders about declarations

PART 6 - DECLARATION OF AREA CLOSED TO THE PUBLIC

88. Declaration of area closed to the public

CHAPTER 6 - OFFENCES ABOUT ACCESS TO, USE OF AND CONDUCT IN PROTECTED AREAS

PART 1 - ACCESS TO, USE OF AND CONDUCT IN PROTECTED AREA GENERALLY

Division 1 - Camping in protected area

89. Unlawful camping
90. Compliance with conditions of camping permit
91. Requirement about number of persons who may camp under permit or approval
92. Display of camping tags
93. Complying with direction to leave camping site for protection, safety or minimising disturbance
94. Complying with direction to leave camping site for person camping at same site for long periods

Division 2 - Conducting other activities in protected area

95. Unlawfully entering restricted access area
96. Failing to comply with particular regulatory notices
97. Unlawfully entering area closed to the public
98. Unlawfully grazing stock
99. Unlawfully grazing other animals
100. Unlawfully mustering stock
101. Unlawfully travelling stock
102. Unlawfully travelling other animals
103. Allowing stock to stray onto protected area
104. Unlawfully entering national park (scientific)
105. Unlawfully conducting commercial activity
106. Compliance with conservation conditions
107. Unlawfully soliciting donations or information
108. Unlawfully conducting organised event
109. Unlawfully conducting special activity

PART 2 - FIRES

110. Unlawful lighting of fires
111. Unattended fires
112. Unauthorised things relating to fires
113. Conservation officer’s powers in relation to fires

PART 3 - UNAUTHORISED STRUCTURES OR WORKS

114. Unauthorised structures and works
115. Complying with direction to remove unauthorised structures or works

PART 4 - USING RECREATIONAL CRAFT, AIRCRAFT, VEHICLES OR BOATS

116. Unauthorised use of recreational craft generally
117. Unauthorised flying of aircraft or recreational craft
118. Unauthorised landing of aircraft or recreational craft
119. Traffic control for vehicles, boats and recreational craft
120. Licensing requirement for vehicles and boats
121. Registration requirement for vehicles
122. Approval requirement for conditionally registered vehicles
123. Safe use of vehicles by reference to transport legislation
124. Safe use of vehicles—other requirements
125. Safe use of boats and recreational craft
126. Complying with direction about use of vehicle, boat, aircraft or recreational craft
127. Other requirements about using vehicle, boat or recreational craft

PART 5 - ANIMALS AND PLANTS

128. Unauthorised feeding of animals
129. Food to be kept from animals
130. Unauthorised disturbance of animals
131. Restriction on animals in protected area
132. Bringing dogs into or keeping dogs in protected area
133. Complying with direction to remove animal
134. Unlawfully bringing plants into protected area

PART 6 - POLLUTION AND WASTE

135. Polluting dams, lakes or watercourses
136. Misusing water
137. Unlawful use of offensive and harmful substances
138. Unlawful disposal of offensive and harmful substances
139. Dumping or abandoning recreational craft, aircraft vehicles or boats
140. Dumping or abandoning waste materials
141. Depositing litter brought into protected area
142. Depositing other litter
143. Complying with direction about litter

PART 7 - OTHER CONDUCT IN PROTECTED AREA

144. Unlawfully possessing or using appliances
145. Use of generator, compressor etc. in particular area of protected area
146. Disturbance by amplified sound
147. General misconduct
148. Conduct in parts of protected area where estuarine crocodiles are or may be present
149. Tampering with camping tags
150. Tampering with structures and other things in protected area
151. Complying with direction to leave for unlawful activities
152. Complying with direction to leave for dangerous circumstances or emergency or rescue activity

CHAPTER 7 - MISCELLANEOUS

PART 1 - OTHER AUTHORISED ACTIVITIES IN PROTECTED AREAS

153. Conducting general muster
154. Permitted dog-walking

PART 2 - APPROVALS

155. Approvals generally not transferable

CHAPTER 8 - (Repealed)

CHAPTER 8A - FEES

PART 1 - FEES PAYABLE

159AL. Application of chapter
159AM. Fees generally
159AN. Proceedings for unpaid fees
159AO. Reduced application fee for commercial activity permits, organised event permits or commercial activity agreements
159AP. Reduced permit fee for commercial activity permits if equivalent fee paid under another Act
159AQ. Reduced application fee for transfer of particular joint marine park authority permits if equivalent fee paid under another Act
159AR. Reduced additional daily fee for commercial activity or organised event permits if equivalent fee paid under another Act
159AS. When particular fees payable

PART 2 - FEE EXEMPTIONS

Division 1 - Exemption for particular persons

159AT. Exemption for camping permit granted to particular persons

Division 2 - Applications for exemptions

159AU. Application for exemption of fee
159AV. Deciding fee exemption application
159AW. Grant of exemption under fee exemption application
159AX. Refusal of exemption under fee exemption application
159AY. Effect of grant of exemption

PART 3 - OTHER PROVISIONS ABOUT FEES

159AZ. Refund of fees
159AZA. Waived additional daily fee for tropical cyclone Jasper

CHAPTER 8B - (Repealed)

CHAPTER 9 - TRANSITIONAL PROVISIONS FOR NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017

160. Definitions for chapter
161. Controlling activity
162. Regulatory notice
163. Consultation requirements in relation to regulatory notice
164. Regulatory information notice
165. Declaration of restricted access area
166. Consultation requirements in relation to declarations of existing access area
167. Declaration of prescribed commercial activity
168. Declaration of special activity
169. Declaration of area closed to public
170. Chief executive’s written approval
171. Directions
172. References to expired regulation

CHAPTER 10 - TRANSITIONAL PROVISIONS FOR NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) AND OTHER LEGISLATION AMENDMENT REGULATION 2020

PART 1 - PRELIMINARY

173. Application of chapter
174. Definitions for chapter

PART 2 - EXISTING AUTHORITIES AND AGREEMENTS FOR PROTECTED AREAS

175. Existing authorities and agreements continued
176. Existing amendments or suspensions continued
177. Existing fee exemptions continued

PART 3 - EXISTING APPLICATIONS AND NOTIFICATIONS

178. Undecided applications for grant of authorities
179. Other undecided applications for existing authorities
180. Undecided applications or entitlements for internal or external review
181. Incomplete processes for former commercial activity agreements
182. Existing invitations, requests, notices and notifications

PART 4 - OTHER MATTERS

183. Continuation of former s 168A
184. Seized things
185. Particular existing records
186. References to repealed administration regulation

CHAPTER 11 - TRANSITIONAL PROVISION FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION (NO. 2) 2021

187. Continuing application of former s 71AH to existing applications

CHAPTER 12 - TRANSITIONAL PROVISION FOR NATURE CONSERVATION AND OTHER LEGISLATION AMENDMENT REGULATION (NO. 2) 2022

188. Existing demerit points continue
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 7A
SCHEDULE 7B
SCHEDULE 8

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