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Queensland
NATURE CONSERVATION
AND OTHER LEGISLATION
AMENDMENT BILL 2000
Queensland
NATURE CONSERVATION AND OTHER
LEGISLATION AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF NATURE CONSERVATION ACT
1992
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Insertion of new pt 3, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 1--Dictionary
5 Amendment of s 7 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Insertion of new pt 3, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2--Key definitions
7 Amendment of s 14 (Classes of protected areas to which Act applies) . . . 7
8 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
19A Management principles of national parks (recovery) . . . . . . . . . . . . 8
9 Amendment of s 27 (Prohibition on mining) . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Insertion of new pt 4, div 2, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Subdivision 1--Preliminary
11 Amendment of s 28 (Meaning of "protected area" in division) . . . . . . . . . 8
12 Insertion of new pt 4, div 2, sdiv 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Subdivision 2--Dedication, revocation and amalgamation
13 Amendment of s 29 (Dedication of protected areas) . . . . . . . . . . . . . . . . . . 9
14 Amendment of s 32 (Revocation of protected areas) . . . . . . . . . . . . . . . . . . 9
15 Amendment of s 33 (Amalgamation etc. of protected areas) . . . . . . . . . . . 9
2
Nature Conservation and Other Legislation
Amendment
16 Insertion of new pt 4, div 2, sdiv 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Subdivision 3--Interests in protected areas
17 Amendment of s 34 (Leases etc. over protected areas) . . . . . . . . . . . . . . . . 9
18 Amendment of s 35 (Chief executive's powers about permitted
uses in national parks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
19 Replacement of s 36 (Chief executive's powers to grant
authorities for new national parks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
36 Authorities for new national park or national park (recovery) . . . . . 11
20 Insertion of new pt 4, div 2, sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Subdivision 4--Environmental impact statements
39A Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
39B Chief executive may require EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
39C EIS must be considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Insertion of new pt 4, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 3A--Regeneration plans for national parks (recovery)
42A Obligation to prepare regeneration plan . . . . . . . . . . . . . . . . . . . . . . . 13
42B Purpose of regeneration plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
42C Publication of draft regeneration plan . . . . . . . . . . . . . . . . . . . . . . . . 14
42D Comments to be considered before final plan made . . . . . . . . . . . . . 15
42E Final regeneration plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
42F Implementation of final regeneration plan . . . . . . . . . . . . . . . . . . . . . 15
22 Amendment of s 61 (Property in cultural and natural resources) . . . . . . . . 15
23 Amendment of s 62 (Restriction on taking etc. of cultural and
natural resources of protected areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 4A--FOREST RESERVES
Division 1--Preliminary
70A Purpose of pt 4A and its achievement . . . . . . . . . . . . . . . . . . . . . . . . 17
70B Definitions for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Dedication and revocation
70C Dedication of forest reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
70D Naming of forest reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
70E Revocation of forest reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3
Nature Conservation and Other Legislation
Amendment
Division 3--Management of forest reserves
Subdivision 1--Management principles of forest reserves
70F Management principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 2--Management
70G State forest or timber reserve dedicated as a forest reserve . . . . . . . 20
70H Land Act reserve dedicated as a forest reserve . . . . . . . . . . . . . . . . . 21
70I Management principles prevail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4--Progression to protected area
Subdivision 1--Review of forest reserves
70J Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 2--Proposed protected areas
70K Designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
70L Effect of designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
70M When designation ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
70N Register of proposed protected areas . . . . . . . . . . . . . . . . . . . . . . . . . 23
70O Amendment of designation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 5--Miscellaneous provisions
70P References to State forest or timber reserve in other legislation . . . 25
70Q References to Land Act reserves in other legislation . . . . . . . . . . . . 25
Division 6--Expiry of pt 4A
70R Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Amendment of s 88 (Restriction on taking etc. protected animals) . . . . . . 25
26 Amendment of s 89 (Restriction on taking etc. protected plants) . . . . . . . . 26
27 Amendment of s 90 (Restriction on using threatened or rare plants) . . . . . 26
28 Amendment of s 91 (Prohibition on release etc. of international
and prohibited wildlife) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29 Amendment of s 97 (Restriction on taking etc. of native wildlife
in areas of major interest and critical habitats) . . . . . . . . . . . . . . . . . . . . . . 27
30 Amendment of s 99 (Offence to trespass--general) . . . . . . . . . . . . . . . . . . . 28
31 Amendment of s 111 (Management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . 28
32 Amendment of s 133 (Chief executive to keep register) . . . . . . . . . . . . . . . 28
33 Amendment of s 174 (Application of Statutory Instruments Act) . . . . . . . . 29
4
Nature Conservation and Other Legislation
Amendment
34 Insertion of new s 174A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
174A Chief executive may make codes of practice . . . . . . . . . . . . . . . . . . 29
35 Amendment of s 175 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
36 Insertion of new s 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
183 Authorities under former Act about national parks . . . . . . . . . . . . . . 30
37 Insertion of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
SCHEDULE
DICTIONARY
38 Amendment to omit headings following cross references . . . . . . . . . . . . . . 31
PART 3--AMENDMENT OF STATUTORY INSTRUMENTS ACT
1992
39 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Amendment of sch 2A (Subordinate legislation to which part 7
does not apply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 4--MINOR AMENDMENTS OF ACTS
41 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 33
MINOR AMENDMENTS
FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
FOSSICKING ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
MINERAL RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
NATURE CONSERVATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
RECREATION AREAS MANAGEMENT ACT 1988 . . . . . . . . . . . . . . . . . 35
RURAL LANDS PROTECTION ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . . 36
VALUATION OF LAND ACT 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
2000
A BILL
FOR
An Act to amend the Nature Conservation Act 1992, and for other
purposes
s1 6 s4
Nature Conservation and Other Legislation
Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Nature Conservation and Other 4
Legislation Amendment Act 2000. 5
6
Commencement
Clause 2. Section 24, to the extent it inserts the Nature Conservation Act 1992, 7
part 4A, division 6, commences on a day to be fixed by proclamation.1 8
ART 2--AMENDMENT OF NATURE 9
P
CONSERVATION ACT 1992 10
amended in pt 2 and schedule 11
Act
Clause 3.(1) This part amends the Nature Conservation Act 1992. 12
(2) The schedule also includes amendments of the Nature Conservation 13
Act 1992. 14
of new pt 3, div 1 hdg 15
Insertion
Clause 4. Part 3-- 16
insert-- 17
1--Dictionary'. 18
`Division
1 Section 24 (Insertion of new pt 4A)
Part 4A, division 6 (Expiry of pt 4A)
s5 7 s8
Nature Conservation and Other Legislation
Amendment
of s 7 (Definitions) 1
Amendment
Clause 5.(1) Section 7, `In this Act--'-- 2
omit, insert-- 3
`The dictionary in the schedule defines particular words used in this 4
Act.'. 5
(2) Section 7-- 6
insert-- 7
` "EIS" means an environmental impact statement. 8
"regeneration plan" means a regeneration plan made under part 4, 9
division 3A.'. 10
(3) Section 7, definitions, as amended-- 11
relocate to the schedule as inserted by this Act. 12
of new pt 3, div 2 hdg 13
Insertion
Clause 6. After section 7-- 14
insert-- 15
`Division 2--Key definitions'. 16
of s 14 (Classes of protected areas to which Act applies) 17
Amendment
Clause 7.(1) Section 14-- 18
insert-- 19
`(da)national parks (recovery); and'. 20
(2) Section 14(da) to (k)-- 21
renumber as section 14(e) to (l). 22
of new s 19A 23
Insertion
Clause 8. After section 19-- 24
insert-- 25
s9 8 s 11
Nature Conservation and Other Legislation
Amendment
principles of national parks (recovery) 1
`Management
`19A. A national park (recovery) is to be managed to do the following-- 2
(a) protect or restore, to the greatest possible extent, the park's natural 3
condition and protect its cultural resources and values so that it 4
can be dedicated as a national park; 5
(b) provide for the manipulation of the park's natural resources to 6
restore its conservation values; 7
(c) ensure any commercial or other use of the park's natural 8
resources to restore its conservation values is consistent with an 9
approved regeneration plan for the park; 10
(d) ensure any other use of the park is nature-based.'. 11
of s 27 (Prohibition on mining) 12
Amendment
Clause 9. Section 27(1)(e)-- 13
omit, insert-- 14
`(e) a national park (recovery); or 15
(f) a conservation park.'. 16
of new pt 4, div 2, sdiv 1 hdg 17
Insertion
Clause 10. Part 4, division 2-- 18
insert-- 19
`Subdivision 1--Preliminary'. 20
of s 28 (Meaning of "protected area" in division) 21
Amendment
Clause 11.(1) Section 28, definition "protected area"-- 22
insert-- 23
`(ba)a national park (recovery); or'. 24
(2) Section 28, definition "protected area", paragraphs (ba) to (d)-- 25
renumber as paragraphs (c) to (e). 26
s 12 9 s 17
Nature Conservation and Other Legislation
Amendment
of new pt 4, div 2, sdiv 2 hdg 1
Insertion
Clause 12. After section 28-- 2
insert-- 3
2--Dedication, revocation and amalgamation'. 4
`Subdivision
of s 29 (Dedication of protected areas) 5
Amendment
Clause 13.(1) Section 29(1)-- 6
insert-- 7
`(ba)a national park (recovery); or'. 8
(2) Section 29(1)(ba) to (d)-- 9
renumber as section 28(c) to (e). 10
of s 32 (Revocation of protected areas) 11
Amendment
Clause 14. Section 32(3)-- 12
omit. 13
of s 33 (Amalgamation etc. of protected areas) 14
Amendment
Clause 15. Section 33(3)-- 15
omit. 16
of new pt 4, div 2, sdiv 3 hdg 17
Insertion
Clause 16. After section 33-- 18
insert-- 19
3--Interests in protected areas'. 20
`Subdivision
of s 34 (Leases etc. over protected areas) 21
Amendment
Clause 17.(1) Section 34(1)(a)(i), `or national park'-- 22
s 18 10 s 18
Nature Conservation and Other Legislation
Amendment
omit, insert-- 1
`, national park or national park (recovery)'. 2
(2) Section 34(2)(b)-- 3
omit, insert-- 4
`(b) if a management plan has been approved for the area, the 5
management plan.'. 6
of s 35 (Chief executive's powers about permitted uses in 7
Amendment
national parks) 8
Clause 18.(1) Section 35, heading, after `national parks'-- 9
insert-- 10
`or national parks (recovery)'. 11
(2) Section 35(1), after `national park'-- 12
insert-- 13
`or national park (recovery)'. 14
(3) Section 35(1)(b)(i), before `the cardinal principle'-- 15
insert-- 16
`if the land is in a national park,'. 17
(4) Section 35(1)(b)-- 18
insert-- 19
`(ia) if the land is in a national park (recovery), the management 20
principle under section 19A(a) will be observed to the greatest 21
possible extent; and'. 22
(5) Section 35(1)(b)(ia) to (iv)-- 23
renumber as section 35(1)(b)(ii) to (v). 24
s 19 11 s 19
Nature Conservation and Other Legislation
Amendment
of s 36 (Chief executive's powers to grant authorities for 1
Replacement
new national parks) 2
Clause 19. Section 36-- 3
omit, insert-- 4
for new national park or national park (recovery) 5
`Authorities
`36.(1) This section applies if-- 6
(a) land is dedicated as a national park or national park (recovery); 7
and 8
(b) immediately before the dedication, the land was being used (the 9
"previous use") in a way that is inconsistent with the 10
management principles of the park. 11
`(2) The chief executive may grant an authority (a "previous use 12
authority") over, or in relation to, the land to allow the previous use to 13
continue for no more than the allowable term after the dedication. 14
`(3) However, a previous use authority must not be granted for a national 15
park if the previous use was under a sales permit under the Forestry Act 16
1959, section 46. 17
`(4) A previous use authority must not be renewed. 18
`(5) This section-- 19
(a) applies despite sections 15 and 34(2); but 20
(b) does not limit section 35.2 21
`(6) In this section-- 22
"allowable term", for a previous use of a national park or national park 23
(recovery), means a term no longer than-- 24
(a) if the previous use was under a permit or lease as follows, the 25
term that is the unexpired term of the permit or lease-- 26
(i) an occupation permit under the Forestry Act 1959, 27
2 Sections 15 (Management of protected areas), 34 (Leases etc. over protected
areas) and 35 (Chief executive's powers about permitted uses in national parks
or national parks (recovery)
s 20 12 s 20
Nature Conservation and Other Legislation
Amendment
section 35(1)(a) under which the right of occupation is only 1
for a service facility; 2
(ii) a stock grazing permit under the Forestry Act 1959, 3
section 35(1)(c); 4
(iii) an apiary permit under the Forestry Act 1959, 5
section 35(1)(d); 6
(iv) a sales permit under the Forestry Act 1959, section 46, for 7
the taking of plant parts if it does not authorise cutting or 8
pruning of plants so severely that the plant is likely to die;3 9
(v) a lease under the Land Act 1994; or 10
(b) otherwise--3 years after the dedication. 11
"authority" means an agreement or a lease, licence, permit or other 12
authority. 13
"plant parts" means the flowers, foliage, seeds or stems of the plant. 14
"service facility" includes the following-- 15
(a) a communications facility, including, for example, a 16
communications tower; 17
(b) a device designed to be used for navigation or the guidance of 18
aircraft or vessels; 19
(c) a transmission grid under the Electricity Act 1994; 20
(d) a public water supply facility, including, for example, a public 21
pipeline or pumping station.'. 22
of new pt 4, div 2, sdiv 4 23
Insertion
Clause 20. Part 4, division 2, after section 39-- 24
insert-- 25
3 Forestry Act 1959, sections 35 (Power of the corporation to grant permits with
respect to land within State forests) and 46 (Corporation may sell forest products
or quarry material the property of the Crown)
s 21 13 s 21
Nature Conservation and Other Legislation
Amendment
4--Environmental impact statements 1
`Subdivision
of sdiv 4 2
`Application
`39A.(1) This subdivision applies if a person seeks, under section 34, 35, 3
or 38, an interest in land in a protected area. 4
`(2) This subdivision applies despite any other Act under which the 5
interest is to be created. 6
executive may require EIS 7
`Chief
`39B.(1) The chief executive may, before the interest is created, require 8
the person to give the chief executive an EIS for the use, or a stated use, of 9
the land under the interest. 10
`(2) The EIS must be prepared in the way prescribed under a regulation. 11
`(3) The person must pay the costs of preparing the EIS. 12
must be considered 13
`EIS
`39C.(1) If an EIS has been required, the interest must not be created 14
before the EIS has been given to the chief executive. 15
`(2) If an EIS has been given, the chief executive or other person who 16
may create the interest must take the EIS into account before deciding 17
whether or not to create the interest.'. 18
of new pt 4, div 3A 19
Insertion
Clause 21. After part 4, division 3-- 20
insert-- 21
3A--Regeneration plans for national parks (recovery) 22
`Division
to prepare regeneration plan 23
`Obligation
`42A.(1) The chief executive must, as soon as practicable after the 24
dedication of a national park (recovery), make a regeneration plan for the 25
s 21 14 s 21
Nature Conservation and Other Legislation
Amendment
park. 1
`(2) However, subsection (1) applies only if the chief executive considers 2
a regeneration plan is necessary for the manipulation of the park's natural 3
resources to restore its conservation values. 4
`(3) A regeneration plan must be made under this division. 5
of regeneration plan 6
`Purpose
`42B.(1) The purpose of a regeneration plan for a national park 7
(recovery) is to describe how it is proposed to manage the manipulation of 8
the park's natural resources to restore its conservation values. 9
`(2) If a management plan has been approved for the park, the 10
management procedures under the regeneration plan must be consistent 11
with the management plan. 12
of draft regeneration plan 13
`Publication
`42C.(1) The chief executive must publish a notice of the preparation of a 14
draft regeneration plan for a national park (recovery) in a newspaper likely 15
to be read by people particularly affected by the draft plan. 16
`(2) The notice must state the following-- 17
(a) the location and area of the park; 18
(b) where copies of the draft plan may be obtained or inspected; 19
(c) that any entity may comment about the draft plan to the chief 20
executive; 21
(d) the period during which comments may be made. 22
`(3) The stated period must be at least 35 days after the publication of the 23
notice. 24
`(4) A copy of the draft plan must be available free, or on payment of a 25
reasonable price, at the place, or each of the places, stated in the notice. 26
s 22 15 s 22
Nature Conservation and Other Legislation
Amendment
to be considered before final plan made 1
`Comments
`42D. The chief executive must, before making a final regeneration plan, 2
consider all comments received by the chief executive within the period 3
under section 42C(2)(d) for making comments about the draft regeneration 4
plan. 5
regeneration plan 6
`Final
`42E.(1) The chief executive must make a final regeneration plan by 7
gazette notice. 8
`(2) The chief executive must keep copies of the plan open for public 9
inspection during office hours on business days at-- 10
(a) the department's head office; and 11
(b) each regional office and district office of the department in whose 12
area the national park (recovery) to which the plan relates is 13
situated; and 14
(c) other places the chief executive considers appropriate. 15
of final regeneration plan 16
`Implementation
`42F. The chief executive must give effect to a final regeneration plan.'. 17
of s 61 (Property in cultural and natural resources) 18
Amendment
Clause 22.(1) Section 61, `national park, conservation park'-- 19
omit, insert-- 20
`national park, national park (recovery), conservation park'. 21
(2) Section 61-- 22
insert-- 23
`(2) However, if land in a protected area mentioned in subsection (1) was 24
included in a forest reserve immediately before the dedication of the 25
protected area, subsection (1) does not extinguish or affect native title or 26
native title rights and interests in relation to the land.'. 27
s 23 16 s 24
Nature Conservation and Other Legislation
Amendment
of s 62 (Restriction on taking etc. of cultural and natural 1
Amendment
resources of protected areas) 2
Clause 23.(1) Section 62(1), after `person'-- 3
insert-- 4
`, other than an authorised person,'. 5
(2) Section 62(1)(c)(i), `section 34 (Leases etc. over protected areas)'-- 6
omit, insert-- 7
`sections 34 to 38'. 8
(3) Section 62(7)-- 9
insert-- 10
` "authorised person" means a person as follows performing functions 11
under this Act in relation to the protected area-- 12
(a) the chief executive; 13
(b) a conservation officer, public service officer or other employee of 14
the department acting under the chief executive's authority.'. 15
(4) Section 62(7), definition "national park", `or national park (Torres 16
Strait Islander land)'-- 17
omit, insert-- 18
`, national park (Torres Strait Islander land) or national park (recovery)'. 19
of new pt 4A 20
Insertion
Clause 24. After part 4-- 21
insert-- 22
s 24 17 s 24
Nature Conservation and Other Legislation
Amendment
ART 4A--FOREST RESERVES 1
`P
`Division 1--Preliminary 2
of pt 4A and its achievement 3
`Purpose
`70A.(1) The purpose of this part is to assist the dedication of areas 4
within State forests, timber reserves or Land Act reserves as protected areas. 5
`(2) The purpose is achieved primarily by providing for forest reserve 6
dedications as an interim measure to assist the dedication of the areas as 7
protected areas. 8
`(3) It is Parliament's intention that, subject to any revocation under this 9
part, each area of land dedicated as a forest reserve will become a protected 10
area as soon as practicable after its dedication. 11
for pt 4A 12
`Definitions
`70B. In this part-- 13
"authority" means an agreement or a lease, licence, permit or other 14
authority. 15
"forest reserve" means an area dedicated as a forest reserve under 16
section 70C, the dedication for which has not been revoked under 17
section 70E. 18
"Land Act reserve" means a reserve under the Land Act 1994. 19
"proposed protected area" means an area designated as a proposed 20
protected area under section 70K(1), the designation for which has not 21
ended under section 70M. 22
"proposed protected area register" means the register that the chief 23
executive keeps under section 70N. 24
"protected area" means any of the following-- 25
(a) a national park (scientific); 26
(b) a national park; 27
s 24 18 s 24
Nature Conservation and Other Legislation
Amendment
(c) a national park (recovery); 1
(d) a conservation park; 2
(e) a resources reserve. 3
"State forest" means a State forest under the Forestry Act 1959. 4
"timber reserve" means a timber reserve under the Forestry Act 1959. 5
2--Dedication and revocation 6
`Division
of forest reserves 7
`Dedication
`70C. The Governor in Council may, under a regulation, dedicate a stated 8
area of land as a forest reserve if the area is, or is part of, a State forest, 9
timber reserve or Land Act reserve. 10
of forest reserves 11
`Naming
`70D. A regulation may give a name to, or change the name of, a forest 12
reserve. 13
of forest reserves 14
`Revocation
`70E.(1) The Governor in Council, may under a regulation, revoke the 15
dedication of a forest reserve or a part of a forest reserve. 16
`(2) The regulation may be made only if the Legislative Assembly has, 17
on a motion of which at least 14 sitting days notice has been given, passed a 18
resolution requesting the Governor in Council to make the revocation. 19
`(3) However, subsection (2) does not apply if the regulation states the 20
purpose of the revocation is to allow the forest reserve to become a 21
protected area. 22
s 24 19 s 24
Nature Conservation and Other Legislation
Amendment
3--Management of forest reserves 1
`Division
1--Management principles of forest reserves 2
`Subdivision
principles 3
`Management
`70F.(1) A forest reserve is to be managed to do the following-- 4
(a) protect the biological diversity, cultural resources and values and 5
conservation values of land included in the reserve, having regard 6
to the purpose of this part; 7
(b) provide for the continuation of any lawful existing use of the land; 8
9
Examples of existing uses that may be lawful existing uses--
10
1. Apiculture, foliage harvesting, recreation and salvage timber
11
harvesting under the Forestry Act 1959.
12
2. Grazing under the Forestry Act 1959 or the Land Act 1994.
13
3. Maintenance and use of existing roads used for timber
14
extraction and other forest management activities under the
15
Forestry Act 1959.
16
4. Mining under the Mineral Resources Act 1989.
(c) ensure all uses of the land under an authority in relation to the 17
forest reserve made after its dedication are ecologically 18
sustainable; 19
(d) ensure all uses of the land under an authority made after any 20
designation of land in the forest reserve as a proposed protected 21
area are consistent with the management principles for the class of 22
protected area that the land is proposed to become. 23
`(2) However, subsection (1)(b) only applies to the use of the land for 24
commercial logging if the purpose of the logging is to remove plantation 25
trees to restore the land's conservation values. 26
`(3) To remove any doubt, it is declared that the dedication of the land as 27
a forest reserve or any designation of land in the forest reserve as a 28
proposed protected area does not extinguish or affect native title or native 29
title rights and interests in relation to the land. 30
s 24 20 s 24
Nature Conservation and Other Legislation
Amendment
`(4) In this section-- 1
"commercial logging" means taking timber for commercial gain, other 2
than-- 3
(a) to build, maintain or repair public infrastructure or utilities relating 4
to the forest reserve; or 5
(b) to enhance or protect a lawful use of the land, or to ensure the use 6
may be carried out safely; or 7
(c) to allow native vegetation on the land to be regenerated under a 8
written approval given by the chief executive; or 9
(d) for use as firewood; or 10
(e) incidentally to a lawful use of the land that does not involve taking 11
timber. 12
13
Example for paragraph (e)--
14
If collecting seeds from trees on the land is lawful, collecting the
15
seeds may involve taking branches from trees that have the seeds on
16
them.
"ecologically sustainable", for use of the land, means use within the 17
capacity of the land to sustain natural processes while-- 18
(a) maintaining the life support systems of nature; and 19
(b) ensuring the benefit of the use to present generations does not 20
diminish the potential to meet the needs and aspirations of future 21
generations. 22
"make", for an authority, includes renew the authority. 23
2--Management 24
`Subdivision
forest or timber reserve dedicated as a forest reserve 25
`State
`70G.(1) This section applies if land in a State forest or timber reserve is 26
dedicated as a forest reserve. 27
`(2) The land ceases to be land in a State forest or timber reserve. 28
`(3) However-- 29
s 24 21 s 24
Nature Conservation and Other Legislation
Amendment
(a) the Forestry Act 1959 continues to apply, with necessary changes, 1
in relation to the land and its management as if the land were, and 2
had continued to be, a State forest or timber reserve; but 3
(b) the Forestry Act 1959, section 334 does not apply to the 4
management of the land. 5
`(4) This section applies despite the Forestry Act 1959. 6
Act reserve dedicated as a forest reserve 7
`Land
`70H.(1) This section applies if land in a Land Act reserve is dedicated as 8
a forest reserve. 9
`(2) The land ceases to be land in a Land Act reserve. 10
`(3) However, the Land Act 1994 continues to apply, with necessary 11
changes, in relation to the land and its management as if the land were, and 12
had continued to be, a Land Act reserve. 13
`(4) Also, if a person was, immediately before the dedication, a trustee of 14
the land under the Land Act 1994, the person continues to be a trustee of the 15
land under that Act. 16
`(5) This section applies despite the Land Act 1994. 17
principles prevail 18
`Management
`70I.(1) A forest reserve must be managed under the management 19
principles under section 70F. 20
`(2) If there is an inconsistency between the management principles and a 21
provision of the Forestry Act 1959 or the Land Act 1994, the management 22
principles prevail to the extent of the inconsistency. 23
`(3) Despite sections 70G and 70H, an action must not be done in 24
relation to the management of a forest reserve if it is inconsistent with the 25
management principles. 26
`(4) In this section-- 27
4 Forestry Act 1959, section 33 (Cardinal principle of management of State
forests)
s 24 22 s 24
Nature Conservation and Other Legislation
Amendment
"action" includes any of the following-- 1
(a) making, amending or renewing an authority in relation to a forest 2
reserve; 3
(b) converting an authority to another form of authority; 4
(c) changing the purpose of an authority; 5
(d) offering or agreeing to carry out an action under paragraphs (a) 6
to (c). 7
4--Progression to protected area 8
`Division
`Subdivision 1--Review of forest reserves 9
10
`Review
`70J.(1) The chief executive must review each forest reserve to consider 11
the most appropriate class of protected area for land in the reserve. 12
`(2) The review must start as soon as practicable after the dedication of 13
the forest reserve. 14
2--Proposed protected areas 15
`Subdivision
16
`Designation
`70K.(1) The chief executive may, by an entry in the proposed protected 17
area register, designate the whole or part of a forest reserve as a proposed 18
protected area if-- 19
(a) under section 70J the chief executive has reviewed the reserve; 20
and 21
(b) subsections (2) to (5) have been complied with. 22
`(2) The chief executive must publish a notice of a proposed designation 23
in a newspaper likely to be read by people particularly affected by it. 24
`(3) The notice must state the following-- 25
s 24 23 s 24
Nature Conservation and Other Legislation
Amendment
(a) the location and area of the proposed protected area; 1
(b) the class of protected area that the area is proposed to become; 2
(c) that any entity may comment about the proposal to the chief 3
executive; 4
(d) the period during which comments may be made. 5
`(4) The stated period must be at least 35 days after the publication of the 6
notice. 7
`(5) The chief executive must consider any comment about the proposal 8
made during the period. 9
of designation 10
`Effect
`70L.(1) Subject to the management principle under section 70F(1)(d), a 11
proposed protected area designation acts as a proposal only and the area 12
continues to be a forest reserve. 13
`(2) A proposed protected area designation does not-- 14
(a) make, or have the effect of making, the area a protected area or a 15
protected area of the class it is proposed to become; or 16
(b) bind the Governor in Council to dedicate, or the chief executive to 17
take action to dedicate, the area as a protected area or as a 18
protected area of that class. 19
designation ends 20
`When
`70M. The designation of an area as a proposed protected area ends if-- 21
(a) the dedication of the area as a forest reserve is revoked; or 22
(b) the area is dedicated as a protected area. 23
of proposed protected areas 24
`Register
`70N.(1) The chief executive must keep a register of proposed protected 25
areas. 26
`(2) The register must, for each proposed protected area, state-- 27
s 24 24 s 24
Nature Conservation and Other Legislation
Amendment
(a) its location and area; and 1
(b) the class of protected area that it is proposed to become; and 2
(c) any other information the chief executive considers desirable. 3
`(3) The chief executive may keep the register in the way the chief 4
executive considers appropriate, including, for example, in electronic form. 5
`(4) The chief executive must keep the register open for inspection during 6
office hours on business days at-- 7
(a) the department's head office; and 8
(b) each regional office of the department in whose area the proposed 9
protected area is situated; and 10
(c) other places the chief executive considers appropriate. 11
of designation 12
`Amendment
`70O.(1) The chief executive may, by an entry in the proposed protected 13
area register, amend the designation of an area as a proposed protected area 14
if subsections (2) to (5) have been complied with. 15
`(2) The chief executive must publish a notice of a proposed amendment 16
in a newspaper likely to be read by people particularly affected by it. 17
`(3) The notice must state the following-- 18
(a) the location of the area; 19
(b) the proposed amendment; 20
(c) that any entity may comment about the proposal to the chief 21
executive; 22
(d) the period during which comments may be made. 23
`(4) The stated period must be at least 35 days after the publication of the 24
notice. 25
`(5) The chief executive must consider any comment about the proposal 26
made during the period. 27
s 25 25 s 25
Nature Conservation and Other Legislation
Amendment
5--Miscellaneous provisions 1
`Division
to State forest or timber reserve in other legislation 2
`References
`70P.(1) A reference in another Act or in subordinate legislation to a 3
State forest or timber reserve is, if the context permits, taken to include a 4
forest reserve. 5
`(2) However, subsection (1) does not apply if-- 6
(a) the reference is in or under the Forestry Act 1959;5 or 7
(b) the reference is only to the setting apart and dedication of an area 8
as a State forest or timber reserve. 9
to Land Act reserves in other legislation 10
`References
`70Q.(1) A reference in this or another Act or in subordinate legislation 11
to a Land Act reserve is, if the context permits, taken to include a forest 12
reserve. 13
`(2) However, subsection (1) does not apply if the reference is in or 14
under the Land Act 1994. 15
6--Expiry of pt 4A 16
`Division
17
`Expiry
`70R. This part expires 5 years after this division commences.'. 18
of s 88 (Restriction on taking etc. protected animals) 19
Amendment
Clause 25.(1) Section 88(1), after `person'-- 20
insert-- 21
`, other than an authorised person,'. 22
5 For State forests or timber reserves, see section 70G(3) (State forest or timber
reserve dedicated as a forest reserve).
s 26 26 s 27
Nature Conservation and Other Legislation
Amendment
(2) Section 88-- 1
insert-- 2
`(5) In this section-- 3
"authorised person" means a person as follows performing functions 4
under this Act in relation to the protected animal-- 5
(a) the chief executive; 6
(b) a conservation officer, public service officer or other employee of 7
the department acting under the chief executive's authority.'. 8
of s 89 (Restriction on taking etc. protected plants) 9
Amendment
Clause 26.(1) Section 89(1), after `person'-- 10
insert-- 11
`, other than an authorised person,'. 12
(2) Section 89(5)-- 13
insert-- 14
` "authorised person" means a person as follows performing functions 15
under this Act in relation to the protected plant-- 16
(a) the chief executive; 17
(b) a conservation officer, public service officer or other employee of 18
the department acting under the chief executive's authority.'. 19
of s 90 (Restriction on using threatened or rare plants) 20
Amendment
Clause 27.(1) Section 90, after `person'-- 21
insert-- 22
`, other than an authorised person,'. 23
(2) Section 90-- 24
insert-- 25
`(2) In this section-- 26
s 28 27 s 29
Nature Conservation and Other Legislation
Amendment
"authorised person" means a person as follows performing functions 1
under this Act in relation to the threatened or rare protected plant-- 2
(a) the chief executive; 3
(b) a conservation officer, public service officer or other employee of 4
the department acting under the chief executive's authority.'. 5
of s 91 (Prohibition on release etc. of international and 6
Amendment
prohibited wildlife) 7
Clause 28.(1) Section 91, after `person'-- 8
insert-- 9
`, other than an authorised person,'. 10
(2) Section 91-- 11
insert-- 12
`(2) In this section-- 13
"authorised person" means a person as follows performing functions 14
under this Act in relation to the international or prohibited wildlife-- 15
(a) the chief executive; 16
(b) a conservation officer, public service officer or other employee of 17
the department acting under the chief executive's authority.'. 18
of s 97 (Restriction on taking etc. of native wildlife in 19
Amendment
areas of major interest and critical habitats) 20
Clause 29.(1) Section 97(2), after `person'-- 21
insert-- 22
`, other than an authorised person,'. 23
(2) Section 97-- 24
insert-- 25
`(5) In this section-- 26
"authorised person" means a person as follows performing functions 27
s 30 28 s 32
Nature Conservation and Other Legislation
Amendment
under this Act in relation to the native wildlife-- 1
(a) the chief executive; 2
(b) a conservation officer, public service officer or other employee of 3
the department acting under the chief executive's authority.'. 4
of s 99 (Offence to trespass--general) 5
Amendment
Clause 30. Section 99-- 6
insert-- 7
`(2) Subsection (1) does not apply to a conservation officer who-- 8
(a) has entered the land under part 9; and 9
(b) exercises a power under the part.'. 10
of s 111 (Management plans) 11
Amendment
Clause 31.(1) Section 111(1)(a)-- 12
insert-- 13
`(iia)a national park (recovery); or'. 14
(2) Section 111(1)(a)(iia) to (iv)-- 15
renumber as section 111(1)(a)(iii) to (v). 16
(3) Section 111(1)(b)(i), `conservation plan'-- 17
omit, insert-- 18
`management plan'. 19
of s 133 (Chief executive to keep register) 20
Amendment
Clause 32.(1) Section 133(1)-- 21
insert-- 22
`(aa)leases granted under sections 34 to 37; and'. 23
s 33 29 s 34
Nature Conservation and Other Legislation
Amendment
(2) Section 133(1)(aa) to (k)-- 1
renumber as section 133(1)(b) to (l). 2
of s 174 (Application of Statutory Instruments Act) 3
Amendment
Clause 33. Section 174(1)-- 4
insert-- 5
`· section 33(2) 6
· section 70E(2).'. 7
of new s 174A 8
Insertion
Clause 34. After section 174-- 9
insert-- 10
executive may make codes of practice 11
`Chief
`174A.(1) The chief executive may, by gazette notice, approve or make 12
codes of practice for-- 13
(a) protected areas; or 14
(b) forest reserves under part 4A; or 15
(c) protected wildlife. 16
`(2) The Statutory Instruments Act 1992, sections 49, 50 and 516 apply to 17
a code of practice as if it were subordinate legislation. 18
`(3) The chief executive must keep copies of each code of practice open 19
for public inspection during office hours on business days at-- 20
(a) the department's head office; and 21
(b) each regional office of the department; and 22
(c) other places the chief executive considers appropriate.'. 23
6 Statutory Instruments Act 1992, sections 49 (Subordinate legislation must be
tabled), 50 (Disallowance) and 51 (Limited saving of operation of subordinate
legislation that ceases to have effect)
s 35 30 s 36
Nature Conservation and Other Legislation
Amendment
of s 175 (Regulations) 1
Amendment
Clause 35.(1) Section 175, heading-- 2
omit, insert-- 3
`Regulation-making power'. 4
(2) Section 175(2)(i), after `conservation plans'-- 5
insert-- 6
`or codes of practice approved or made under section 174A'. 7
of new s 183 8
Insertion
Clause 36. After section 182-- 9
insert-- 10
under former Act about national parks 11
`Authorities
`183.(1) An authority given or made under section 33 or 35 of the former 12
Act and in force immediately before 19 December 1994 is taken to have 13
continued in force until it expires, or is earlier terminated, under its terms.7 14
`(2) The former Act, other than the power to extend or renew the 15
authority, continues to apply to the authority as if this Act had not been 16
enacted. 17
`(3) For applying subsections (1) and (2), the chief executive is taken to 18
be the director of national parks and wildlife under the former Act. 19
`(4) A reference in the authority to the director is taken to be a reference 20
to the chief executive. 21
`(5) In this section-- 22
"authority" means an agreement or a lease or permit or other authority. 23
"former Act" means the repealed National Parks and Wildlife Act 1975.'. 24
7 Most of the provisions of this Act commenced on 19 December 1994.
National Parks and Wildlife Act 1975, sections 33 (Power to grant special leases
and permits) and 35 (Permits, etc.).
s 37 31 s 40
Nature Conservation and Other Legislation
Amendment
of schedule 1
Insertion
Clause 37. After part 12-- 2
insert-- 3
`SCHEDULE 4
`DICTIONARY 5
section 7'. 6
to omit headings following cross references 7
Amendment
Clause 38.(1) This section applies to a section containing a cross reference to a 8
provision of the Act followed by the heading to the provision in round 9
brackets. 10
(2) The section is amended by omitting the brackets and the words in the 11
brackets. 12
PART 3--AMENDMENT OF STATUTORY 13
INSTRUMENTS ACT 1992 14
amended in pt 3 15
Act
Clause 39. This part amends the Statutory Instruments Act 1992. 16
of sch 2A (Subordinate legislation to which part 7 does 17
Amendment
not apply) 18
Clause 40. Schedule 2A-- 19
insert-- 20
`Nature Conservation (Protected Areas) Regulation 1994'. 21
s 41 32 s 41
Nature Conservation and Other Legislation
Amendment
ART 4--MINOR AMENDMENTS OF ACTS 1
P
amended in schedule 2
Acts
Clause 41. The schedule amends the Acts it mentions. 3
33
Nature Conservation and Other Legislation
Amendment
SCHEDULE 1
¡
MINOR AMENDMENTS 2
sections 3(2) and 41 3
ORESTRY ACT 1959 4
´F
1. Section 5, definition "Crown land", paragraph (d), after `protected 5
area'-- 6
insert-- 7
`, national park (recovery)'. 8
OSSICKING ACT 1994 9
´F
1. Section 3, definition "protected area", paragraph (e)-- 10
omit, insert-- 11
`(e) a national park (recovery); or 12
(f) a conservation park.'. 13
LAND ACT 1994 14
´
1. Section 253, definition "critical area", paragraph (c)-- 15
insert-- 16
`(ia) a forest reserve under the Nature Conservation Act 1992; or'. 17
34
Nature Conservation and Other Legislation
Amendment
SCHEDULE (continued)
2. Section 253, definition "critical area", paragraph (c)(ia) and (ii)-- 1
renumber as paragraph (c)(ii) and (iii). 2
3. Section 269(a)(iii), `within the meaning given by'-- 3
omit, insert-- 4
`, or forest reserve, under'. 5
4. Schedule 6, definition "national park" 6
omit, insert-- 7
` "national park" means any of the following under the Nature 8
Conservation Act 1992-- 9
(a) a national park (scientific); 10
(b) a national park; 11
(c) a national park (Aboriginal land); 12
(d) a national park (Torres Strait islander land); 13
(e) a national park (recovery).'. 14
MINERAL RESOURCES ACT 1989 15
´
1. Section 5, definition "protected area", paragraph (e)-- 16
omit, insert-- 17
`(e) a national park (recovery); or 18
(f) a conservation park.'. 19
35
Nature Conservation and Other Legislation
Amendment
SCHEDULE (continued)
ATURE CONSERVATION ACT 1992 1
´N
1. Section 15(1)(b)(ii), after `for the area;'-- 2
insert-- 3
`or'. 4
2. Section 30(1), after `an area that is'-- 5
insert-- 6
`to be'. 7
3. Section 178-- 8
omit. 9
4. Part 12, division 4, heading-- 10
omit. 11
RECREATION AREAS MANAGEMENT ACT 1988 12
´
1. Section 5, definition "Crown land", paragraph (da)(v)-- 13
omit, insert-- 14
`(v) a national park (recovery); or 15
(vi) a conservation park; or'. 16
36
Nature Conservation and Other Legislation
Amendment
SCHEDULE (continued)
URAL LANDS PROTECTION ACT 1985 1
´R
1. Section 6, definition "protected area", paragraph (e)-- 2
omit, insert-- 3
`(e) a national park (recovery); or 4
(f) a conservation park.'. 5
ALUATION OF LAND ACT 1944 6
´V
1. Section 14(5)(a), `or the National Parks and Wildlife Act 1975, 7
section 33'-- 8
omit, insert-- 9
`, the National Parks and Wildlife Act 1975, section 33 or the Nature 10
Conservation Act 1992'. 11
© State of Queensland 2000
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