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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
NATURE CONSERVATION
AMENDMENT BILL 2004
Queensland
NATURE CONSERVATION AMENDMENT
BILL 2004
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 62 (Restriction on taking etc. of cultural and natural
resources of protected areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 71 (Classes of wildlife to which Act applies) . . . . . . . . . . 4
6 Replacement of ss 7680. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
76 Native wildlife may be prescribed as extinct in the wild wildlife . . . 5
77 Native wildlife may be prescribed as endangered wildlife . . . . . . . . 5
78 Native wildlife may be prescribed as vulnerable wildlife . . . . . . . . . 5
78A Native wildlife may be prescribed as rare wildlife . . . . . . . . . . . . . . 6
79 Native wildlife may be prescribed as near threatened wildlife . . . . . 6
80 Native wildlife may be prescribed as least concern wildlife . . . . . . . 7
7 Amendment of s 84 (Property in protected plants) . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 89 (Restriction on taking etc. protected plants) . . . . . . . . . 7
9 Amendment of s 90 (Restriction on using threatened or rare plants) . . . . . . 8
10 Amendment of s 102 (Issue of order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Insertion of new pt 12, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Insertion of new pt 12, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2--Transitional provision for the Nature Conservation
Amendment Act 2004
184 Abolition of class of rare wildlife . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2004
A BILL
FOR
An Act to amend the Nature Conservation Act 1992
s1 4 s6
Nature Conservation Amendment Bill 2004
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Nature Conservation Amendment Act 2004. 3
2 Act amended
Clause 4
This Act amends the Nature Conservation Act 1992. 5
3 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
4 Amendment of s 62 (Restriction on taking etc. of cultural and 8
natural resources of protected areas)
Clause 9
Section 62(5)(b), `or rare'-- 10
omit, insert-- 11
`, rare or near threatened'. 12
5 Amendment of s 71 (Classes of wildlife to which Act applies)
Clause 13
(1) Section 71(a)(i)-- 14
omit, insert-- 15
`(i) extinct in the wild wildlife; and'. 16
(2) Section 71(a)(v)-- 17
omit, insert-- 18
`(v) near threatened wildlife; and 19
(vi) least concern wildlife; and'. 20
6 Replacement of ss 7680
Clause 21
Sections 76 to 80-- 22
s6 5 s6
Nature Conservation Amendment Bill 2004
omit, insert-- 1
`76 Native wildlife may be prescribed as extinct in the wild wildlife 2
`A regulation may prescribe native wildlife as extinct in the wild wildlife 3
if-- 4
(a) there have been thorough searches conducted for the wildlife; 5
and 6
(b) the wildlife has not been seen in the wild over a period that is 7
appropriate for the life cycle or form of the wildlife. 8
`77 Native wildlife may be prescribed as endangered wildlife 9
`A regulation may prescribe native wildlife as endangered wildlife if-- 10
(a) there have not been thorough searches conducted for the wildlife 11
and the wildlife has not been seen in the wild over a period that is 12
appropriate for the life cycle or form of the wildlife; or 13
(b) the habitat or distribution of the wildlife has been reduced to an 14
extent that the wildlife may be in danger of extinction; or 15
(c) the population size of the wildlife has declined, or is likely to 16
decline, to an extent that the wildlife may be in danger of 17
extinction; or 18
(d) the survival of the wildlife in the wild is unlikely if a threatening 19
process continues. 20
`78 Native wildlife may be prescribed as vulnerable wildlife 21
`(1) A regulation may prescribe native wildlife as vulnerable wildlife 22
if-- 23
(a) the population size or distribution of the wildlife has declined, or 24
is likely to decline, to an extent that the wildlife may become 25
endangered because of a threatening process; or 26
(b) the population size of the wildlife has been seriously depleted 27
and the protection of the wildlife is not secured; or 28
(c) the population of the wildlife is-- 29
(i) low or localised; and 30
s6 6 s6
Nature Conservation Amendment Bill 2004
(ii) dependent on habitat that has been, or is likely to be, 1
adversely affected, in terms of quantity or quality, by a 2
threatening process. 3
`(2) In this section-- 4
"endangered", in relation to wildlife, means the wildlife falls within a 5
description mentioned in section 77. 6
`78A Native wildlife may be prescribed as rare wildlife 7
`(1) A regulation may prescribe native wildlife as rare wildlife if the 8
wildlife is not threatened wildlife and-- 9
(a) the population of the wildlife is represented by-- 10
(i) a relatively large population in a restricted range; or 11
(ii) relatively small populations thinly spread over a wide range; 12
or 13
(b) the survival of the wildlife in the wild is affected to an extent that 14
the wildlife is in danger of becoming vulnerable. 15
`(2) Native wildlife may be prescribed as rare wildlife even if the 16
wildlife is the subject of a threatening process. 17
`(3) This section expires 5 years after it commences. 18
`(4) In this section-- 19
"vulnerable", in relation to wildlife, means the wildlife falls within a 20
description mentioned in section 78(1). 21
`79 Native wildlife may be prescribed as near threatened wildlife 22
`(1) A regulation may prescribe native wildlife as near threatened 23
wildlife if-- 24
(a) the population size or distribution of the wildlife is small and 25
may become smaller; or 26
(b) the population size of the wildlife has declined, or is likely to 27
decline, at a rate higher than the usual rate for population 28
changes for the wildlife; or 29
(c) the survival of the wildlife in the wild is affected to an extent that 30
the wildlife is in danger of becoming vulnerable. 31
s7 7 s8
Nature Conservation Amendment Bill 2004
`(2) Native wildlife may be prescribed as near threatened wildlife even if 1
the wildlife is the subject of a threatening process. 2
`(3) In this section-- 3
"vulnerable", in relation to wildlife, means the wildlife falls within a 4
description mentioned in section 78(1). 5
`80 Native wildlife may be prescribed as least concern wildlife 6
`(1) A regulation may prescribe native wildlife as least concern wildlife 7
if the wildlife is common or abundant and is likely to survive in the wild. 8
`(2) Native wildlife may be prescribed as least concern wildlife even if-- 9
(a) the wildlife is the subject of a threatening process; or 10
(b) the population size or distribution of the wildlife has declined; or 11
(c) there is insufficient information about the wildlife to conclude 12
whether the wildlife is common or abundant or likely to survive 13
in the wild.'. 14
7 Amendment of s 84 (Property in protected plants)
Clause 15
Section 84(5), definition "protected plant"-- 16
omit, insert-- 17
` "protected plant" means a protected plant that is in the wild.'. 18
8 Amendment of s 89 (Restriction on taking etc. protected plants)
Clause 19
(1) Section 89, heading, before `protected'-- 20
insert-- 21
`particular'. 22
(2) Section 89(5), definition "protected plant", paragraph (a), `rare or 23
threatened'-- 24
omit, insert-- 25
`threatened, rare or near threatened'. 26
s9 8 s 12
Nature Conservation Amendment Bill 2004
9 Amendment of s 90 (Restriction on using threatened or rare 1
plants)
Clause 2
(1) Section 90, heading, `threatened or rare'-- 3
omit, insert-- 4
`particular protected'. 5
(2) Section 90(1), `or rare'-- 6
omit, insert-- 7
`, rare or near threatened'. 8
(3) Section 90(2), definition "authorised person", from `means' to 9
`plant'-- 10
omit, insert-- 11
`, in relation to a protected plant, means any of the following persons 12
performing functions under the Act in relation to the plant'. 13
10 Amendment of s 102 (Issue of order)
Clause 14
Section 102(a)-- 15
omit, insert-- 16
`(a) threatened, rare or near threatened wildlife; or'. 17
11 Insertion of new pt 12, div 1, hdg
Clause 18
Part 12-- 19
insert-- 20
`Division 1--General savings and transitional provisions'. 21
12 Insertion of new pt 12, div 2
Clause 22
Part 12-- 23
insert-- 24
s 13 9 s 13
Nature Conservation Amendment Bill 2004
`Division 2--Transitional provision for the Nature Conservation 1
Amendment Act 2004 2
`184 Abolition of class of rare wildlife 3
`After section 78A expires-- 4
(a) the class of rare wildlife is abolished; and 5
(b) a reference in an Act or document to rare wildlife is, if the 6
context permits, redundant.'. 7
13 Amendment of schedule (Dictionary)
Clause 8
(1) Schedule, definitions "common wildlife", "presumed extinct 9
wildlife" and "protected wildlife"-- 10
omit. 11
(2) Schedule-- 12
insert-- 13
` "extinct in the wild wildlife" means native wildlife prescribed under this 14
Act as extinct in the wild wildlife. 15
"least concern wildlife" means native wildlife prescribed under this Act as 16
least concern wildlife. 17
"near threatened wildlife" means native wildlife prescribed under this 18
Act as near threatened wildlife. 19
"protected wildlife" means native wildlife prescribed under this Act as-- 20
(a) extinct in the wild wildlife; or 21
(b) endangered wildlife; or 22
(c) vulnerable wildlife; or 23
(d) rare wildlife; or 24
(e) near threatened wildlife; or 25
(f) least concern wildlife.'. 26
(3) Schedule, definitions "protected animal" and "protected plant", `or 27
common'-- 28
s 13 10 s 13
Nature Conservation Amendment Bill 2004
omit, insert-- 1
`, near threatened or least concern'. 2
(4) Schedule, definition "threatened wildlife", paragraph (a)-- 3
omit, insert-- 4
`(a) extinct in the wild wildlife; or'. 5
© State of Queensland 2004
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