Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
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.
[Index] [Search] [Download] [Related Items] [Help]