Queensland Consolidated Acts

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Nature Conservation Act 1992


TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   3.      Act binds all persons
   3A.     Territorial application of Act

           Part 2--Object of Act

   4.      Object of Act
   5.      How object is to be achieved
   6.      Community participation in administration of Act

           Part 3--Interpretation

           Division 1--Dictionary

   7.      Definitions

           Division 2--Key definitions

   8.      Meaning of nature
   9.      Meaning of conservation
   10.     Meaning of biological diversity
   11.     Meaning of ecologically sustainable use
   12.     Meaning of threatening process
   13.     Meaning of critical habitat

           Part 4--Protected areas

           Division 1--Basic concepts

   14.     Classes of protected areas to which Act applies
   15.     Management of protected areas
   16.     Management principles of national parks (scientific)
   17.     Management principles of national parks
   18.     Management principles of national parks (Aboriginal land)
   19.     Management principles of national parks (Torres Strait Islander land)
   20.     Management principles of national parks (Cape York Peninsula Aboriginal land)
   21.     Management principles of conservation parks
   21A.    Management principles of resources reserves
   22.     Management principles of nature refuges
   23.     Management principles of coordinated conservation areas
   27.     Prohibition on mining, geothermal activities and GHG storage activities

           Division 2--Protected areas (State land)
           Subdivision 1--Preliminary

   28.     Meaning of protected area in division
           Subdivision 2--Dedication, revocation and amalgamation of protected areas
   29.     Dedication of protected areas
   30.     Revocation of State forests and timber reserves
   31.     Trustees of protected areas
   32.     Revocation of protected areas
   33.     Amalgamation etc. of protected areas
   33A.    Chief executive to lodge document for dedication, revocation and amalgamation etc.
           Subdivision 3--Interests in protected areas
   34.     Leases etc. over protected areas
   35.     Chief executive's powers about permitted uses in national parks
   35A.    Chief executive's powers about permitted uses for existing service facilities in national parks
   36.     Authorities for new national park
   37.     Chief executive's powers to renew existing authorities for national parks
   37A.    Leases must be registered
   38.     Leases may be granted under Land Act 1994
   39.     Creation of interests in protected areas
           Subdivision 4--Environmental impact statements
   39A.    Application of sdiv 4
   39B.    Chief executive may require EIS
   39C.    EIS must be considered
           Subdivision 4A--Carbon abatement products
   39D.    Definition for sdiv 4A
   39E.    Chief executive may keep guidelines
   39F.    Application for right to deal with carbon abatement products
   39G.    Deciding application
   39H.    Notice of decision
   39I.    Internal review of chief executive's decision
   39J.    Decision on reconsideration

           Division 3--Protected areas (Aboriginal land and Torres Strait Islander land) and indigenous joint management areas
           Subdivision 1--National parks (Aboriginal land) and national parks (Torres Strait Islander land)

   40.     Dedication of national park as national park (Aboriginal land) or national park (Torres Strait Islander land)
   41.     Dedication of Aboriginal land as national park (Aboriginal land) or Torres Strait Islander land as national park (Torres Strait Islander land)
   42.     Dedication of leasehold land as national park (Aboriginal land) or national park (Torres Strait Islander land)
           Subdivision 2--National parks (Cape York Peninsula Aboriginal land)
   42AA.   Dedication of national park as national park (Cape York Peninsula Aboriginal land)
   42AB.   Dedication of Aboriginal land as national park (Cape York Peninsula Aboriginal land)
   42AC.   Dedication of other land as national park (Cape York Peninsula Aboriginal land)
   42AD.   Leases etc. over national park (Cape York Peninsula Aboriginal land)
   42AE.   Particular powers about permitted uses in national park (Cape York Peninsula Aboriginal land)
   42AEA.  Particular powers about permitted uses for existing service facilities in national park (Cape York Peninsula Aboriginal land)
   42AF.   Revocation of national park (Cape York Peninsula Aboriginal land)
           Subdivision 3--Indigenous joint management areas
   42AG.   Purpose of sdiv 3
   42AH.   Declaration of a prescribed protected area as indigenous joint management area
   42AI.   Declaration of Aboriginal land as indigenous joint management area
   42AJ.   Declaration of other land as an indigenous joint management area
   42AK.   Revocation of dedication of protected area or declaration of indigenous joint management areas
   42AL.   Amalgamation etc. of protected areas that are indigenous joint management areas
   42AM.   Effect of revocation of prescribed protected area on indigenous joint management area
   42AN.   Leases etc. over land in indigenous joint management area
   42AO.   Particular powers about permitted uses on land in particular indigenous joint management areas
   42AOA.  Particular powers about permitted uses for existing service facilities on land in particular indigenous joint management areas
   42AP.   Authorities for new national park that is an indigenous joint management area
           Subdivision 4--Registration
   42AQ.   Chief executive to lodge document for dedication, declaration or change

           Division 3A--Special management areas (controlled action)

   42A.    Declaration of special management area (controlled action)
   42B.    When declaration of special management area (controlled action) ends

           Division 4--Nature refuges and coordinated conservation areas

   44.     Proposal for declaration of nature refuge
   45.     Conservation agreements for nature refuges
   46.     Declaration of nature refuges
   47.     Duration and termination of conservation agreements
   48.     Variation or replacement of conservation agreements
   49.     Compulsory declaration of nature refuge
   50.     Revocation of nature refuge or coordinated conservation area
   50A.    Chief executive to lodge with or notify particular matters to chief executive (lands)
   51.     Conservation agreements and covenants binding
   52.     Liability of State

           Division 5--Cultural and natural resources

   61.     Property in cultural and natural resources
   62.     Restriction on taking etc. of cultural and natural resources of protected areas

           Division 6--General

   63.     Meaning of landholder in division
   64.     Naming of protected areas
   65.     Effect of change in class of protected area
   66.     Offset condition for protected area authority
   66A.    Conditions of protected area authority
   67.     Compensation when nature refuge declared
   68.     No compensation on termination of conservation agreements or revocation of protected areas
   69.     Preservation of landholders' interests
   70.     Unlawful use of certain words
   70AA.   Regulations may define extent of area

           Part 4A--Forest reserves

           Division 1--Preliminary

   70A.    Purpose of pt 4A and its achievement
   70B.    Definitions for pt 4A
   70BA.   SEQ horse riding trail network

           Division 2--Revocation of forest reserves

   70E.    Revocation of forest reserves
   70EA.   Chief executive to lodge document for revocation

           Division 3--Management of forest reserves
           Subdivision 1--Management principles of forest reserves

   70F.    Management principles
           Subdivision 2--Management
   70G.    State forest or timber reserve dedicated as a forest reserve
   70H.    Land Act reserve dedicated as a forest reserve
   70I.    Management principles prevail

           Division 4--Progression to protected area
           Subdivision 1--Review of forest reserves

   70J.    Review
   70JA.   Review of impact of horse riding trails
   70JB.   Assessment by independent scientific advisory committee
           Subdivision 2--Proposed protected areas
   70K.    Designation
   70L.    Effect of designation
   70M.    When designation ends
   70N.    Register of proposed protected areas
   70O.    Amendment of designation

           Division 5--Miscellaneous provisions

   70P.    References to State forest or timber reserve in other legislation
   70Q.    References to Land Act reserves in other legislation
   70QA.   Prohibition on mining, geothermal activities and GHG storage activities in forest reserves

           Division 6--Expiry of pt 4A

   70R.    Expiry

           Part 5--Wildlife and habitat conservation

           Division 1--Basic concepts

   71.     Classes of wildlife to which Act applies
   72.     Management of wildlife—general
   73.     Management principles of protected wildlife
   74.     Management principles of international wildlife
   75.     Management principles of prohibited wildlife

           Division 2--Classes of wildlife

   76.     Native wildlife may be prescribed as extinct in the wild wildlife
   77.     Native wildlife may be prescribed as endangered wildlife
   78.     Native wildlife may be prescribed as vulnerable wildlife
   79.     Native wildlife may be prescribed as near threatened wildlife
   80.     Native wildlife may be prescribed as least concern wildlife
   81.     Wildlife may be prescribed as international wildlife
   82.     Wildlife may be prescribed as prohibited wildlife

           Division 3--Ownership of protected wildlife

   83.     Property in protected animals
   84.     Property in protected plants
   85.     Property in newly protected animals
   86.     Preservation of existing property rights
   87.     Liability of State

           Division 4--Restrictions on activities relating to protected wildlife

           Subdivision 1--Particular restrictions relating to protected animals

   88.     Restrictions on taking protected animal and keeping or use of unlawfully taken protected animal
   88A.    Restriction on keeping or use of lawfully taken protected animal
   88BA.   Restrictions relating to dugongs and marine turtles
   88C.    Restrictions relating to flying-foxes and flying-fox roosts

           Subdivision 2--Particular restrictions relating to protected plants

   88D.    Regulation may prescribe special least concern plants
   89.     Restriction on taking etc. particular protected plants
   90.     Restriction on using particular protected plants
           Subdivision 3--Other restrictions
   90A.    Offence to keep or use native wildlife reasonably suspected to have been unlawfully taken
   91.     Restriction on release etc. of international and prohibited wildlife
   92.     Restriction on breeding etc. hybrids of protected animals
   93.     Aborigines' and Torres Strait Islanders' rights to take etc. protected wildlife
   94.     Conservation officers prohibited in dealing with protected wildlife

           Division 5--Conservation value for protected wildlife

   95.     Payment of conservation value
   96.     Recovery of unpaid conservation value

           Division 6--Specific restriction on activities relating to native wildlife

   97.     Restriction on taking etc. of native wildlife in areas of major interest and critical habitats
   97A.    Additional restriction on hunting native ducks or native quails

           Division 7--Provisions for landholders

   98.     No right to enter land
   99.     Offence to trespass—general
   100.    Offence to trespass—landholders' rights

           Division 8--Captive breeding agreements and captive breeding for conservation
           Subdivision 1--Preliminary

   100A.   Main purpose of div 8 and its achievement
           Subdivision 2--Captive breeding agreements
   100B.   Minister's power to enter into captive breeding agreement
   100C.   Things a captive breeding agreement may provide for
   100D.   Required provisions for captive breeding agreement
   100E.   Restriction on the taking, under a captive breeding agreement, of wildlife in the wild
   100F.   Additional provisions for termination of captive breeding agreement
   100G.   Obligation to surrender protected wildlife on termination of captive breeding agreement
           Subdivision 3--Chief executive's power for captive breeding
   100H.   Powers

           Division 9--Offset conditions

   100I.   Offset condition for wildlife authority
   100J.   Conditions of wildlife authority

           Division 10--Statements of management intent

   100K.   Local government's statement of management intent

           Part 6--Interim conservation orders

   101.    Definitions
   102.    Issue of order
   103.    Effect of order
   104.    Notice of order
   105.    Duration of order
   106.    Orders prevail over planning schemes
   107.    Suspension of licences etc.
   108.    Compensation
   109.    Compliance with order

           Part 7--Management statements, management plans and conservation plans

           Division 1--Preliminary

   110.    Meaning of landholder in part

           Division 2--Preparing management statement or management plan

   111.    Chief executive to prepare management statement
   112.    Minister may prepare management plan

           Division 3--Making and implementing management statements

   113.    Management statements to be consistent with management principles etc.
   113A.   Notice of making of management statement
   113B.   When management statement has effect
   113C.   Implementation of management statement

           Division 4--Preparing, approving and implementing management plans

   114.    Application of div 4
   115.    Preparation of draft plan
   115A.   Notice of draft plan
   115B.   Obtaining copy of draft plan
   116.    Submissions to be considered when preparing final management plan
   117.    Final management plans
   118.    Approval of final management plan
   119.    Management plan may be combined with another plan
   119A.   When management plan has effect
   119B.   Management statement ceases to have effect if management plan takes effect
   120.    Implementation of management plan

           Division 5--Amendment of management plans

   120A.   Procedures for amending management plan
   120AB.  Amendment of management plans for particular land
   120B.   Approval of amendment
   120C.   When amendment has effect

           Division 6--Publication of management statements and management plans

   120D.   Publication and availability of management statements and management plans
   120E.   Obtaining copies of management statements or management plans

           Division 7--Reviewing management statements and management plans

   120F.   Review of management statements
   120G.   Review of management plans

           Division 8--Conservation plans

   120H.   Preparation of conservation plans
   120I.   Conservation plans to be consistent with management principles etc.
   120J.   Approval of conservation plan
   120K.   Implementation of conservation plan

           Division 9--Miscellaneous provisions

   121.    Plan replaces interim or declared management intent
   122.    Conservation plans and regulations prevail over planning schemes
   123.    Local governments' decisions to be consistent with plans

           Part 7A--Regulations identifying critical habitats or areas of major interest

   126A.   Local governments' decisions to be consistent with regulations

           Part 8--Administration

   127.    Appointment of conservation officers
   128.    Appointment of honorary protectors
   129.    Minister may inquire into suitability of proposed appointees
   130.    Identity cards
   131.    Proof of authority
   132.    Advisory committees
   132A.   Committees for protected areas in Cape York Peninsula Region
   133.    Chief executive to keep register
   134.    Records to be maintained by registrar
   135.    Chief executive may inquire into applications
   136.    Confidentiality of information
   137.    Licences to be consistent with management principles, and management intent or plan
   137A.   Compensation if landholder's interest in land injuriously affected
   138.    Compensation not payable if authority not renewed etc.
   139.    Annual report
   140.    Delegation by Minister
   141.    Delegation by chief executive
   142.    Protection from liability
   143.    Immunity from prosecution
   143A.   False or misleading documents

           Part 9--Investigation and enforcement

   144.    Power to stop and search vehicles etc.
   145.    Entry and search—monitoring compliance
   146.    Entry and search—evidence of offences
   147.    General powers of conservation officer in relation to places
   148.    Monitoring warrants
   149.    Offence related warrants
   150.    Warrants may be granted by telephone, facsimile, radio etc.
   151.    Conservation officer may require name and address
   152.    Power to require information from certain persons
   152A.   General powers for seized things
   152B.   Offence to tamper with seized thing
   153.    Power to keep protected wildlife until conservation value is paid
   154.    Other powers of conservation officers
   155.    Obstruction of conservation officers
   156.    Court may order compensation
   157.    False or misleading information
   159.    Impersonation of conservation officer

           Part 10--Legal proceedings

           Division 1--Proceedings and offences generally

   160.    Evidentiary provisions
   161.    Conduct of executive officers, servants and agents
   162.    Executive officers must ensure corporation complies with Act
   163.    Offence committed over a period
   164.    Indictable and summary offences
   165.    Proceedings for indictable offences
   166.    Limitation on who may summarily hear indictable offence proceedings
   167.    Limitation on time for starting summary proceedings
   168.    Court may order costs of rehabilitation or restoration
   169.    Additional penalty—conservation value of protected wildlife
   171.    Disposal of cultural or natural resources and protected wildlife owned by State
   172.    Disposal of wildlife etc. not owned by State
   173.    Penalties payable to consolidated fund

           Division 2--Proceedings for declarations and enforcement orders
           Subdivision 1--Preliminary

   173A.   Definitions for div 2
           Subdivision 2--Declarations
   173B.   Court may make declarations
   173C.   Court may make orders about declarations
           Subdivision 3--Enforcement orders
   173D.   Proceeding for enforcement orders
   173E.   Making interim enforcement order
   173F.   Making enforcement order
   173G.   Effect of orders
   173H.   Court's powers about orders
   173I.   Effect of enforcement order requiring restoration or rehabilitation of land
   173J.   Record in land registry of enforcement order requiring restoration or rehabilitation of land
   173K.   Application for removal of particulars of enforcement order from registrar's records
   173L.   How chief executive must deal with application
   173M.   Appeal against refusal to approve application or approval of application with conditions
           Subdivision 4--General procedural provision
   173N.   Proceeding brought in representative capacity

           Division 3--Judicial review of administrative decisions

   173O.   Extended standing for judicial review

           Division 4--Stay of decisions by QCAT

   173OA.  Limitation on stays granted by QCAT for particular decisions

           Part 11--Miscellaneous

   173P.   Chief executive's general powers
   173Q.   Publication of notice for revocation under s 30, 32 or 70E or particular amalgamations under s 33
   174.    Application of Statutory Instruments Act
   174A.   Chief executive may make codes of practice
   174B.   Chief executive may make assessment guidelines
   175.    Regulation-making power

           Part 12--Savings and transitional

           Division 1--Savings and transitional provisions for Act No. 20 of 1992

   181.    References to repealed Acts
   182.    References to Crown land under Act
   183.    Authorities under former Act about national parks

           Division 2--Savings and transitional provisions for Nature Conservation and Other Legislation Amendment Act 2000

   184.    Provision to allow beekeeping in particular former forest reserves until 2025
   184B.   Provision for stock grazing permits for former SEQFA forest reserves
   185.    Provision for commercial activity permits for former forest reserves

           Division 3--Transitional provision for the Nature Conservation Amendment Act 2004

   186.    Abolition of class of rare wildlife

           Division 4--Transitional provisions for amendments under Waste Reduction and Recycling Act 2011

   187.    Existing protected areas and indigenous joint management areas
   188.    Existing leases and conservation agreements must still be registered

           Division 5--Transitional provisions for Nature Conservation and Other Legislation Amendment Act (No. 2) 2013
           Subdivision 1--Provisions about management of protected areas and conservation plans

   189.    Definitions for sdiv 1
   190.    Application of amended part 7 to existing dedications or declarations
   191.    Existing management statements
   192.    Preparation of other plans not completed at commencement
   193.    References to particular protected areas
   194.    Existing leases must still be registered
           Subdivision 2--Provisions about classes of protected areas
   195.    Definitions for sdiv 2
   196.    National parks (scientific) taken to be national parks and special management areas (scientific)
   197.    National parks (recovery) taken to be national parks and special management areas (controlled action)
   198.    Conservation parks taken to be regional parks
   199.    Resources reserves taken to be regional parks and regional park (resource use area)
   200.    References to particular protected areas
   201.    Trustees of conservation parks and resources reserves continue
   202.    Change in class does not affect instruments applying to an area
   203.    Particular previous use authorities continue
   204.    Deciding application for lease etc. for a protected area of an old class

           Division 6--Transitional provisions for Nature Conservation and Other Legislation Amendment Act 2016

   205.    Definitions for division
   206.    Application of division
   207.    Special management area (scientific) taken to be national park (scientific)
   208.    Regional park (general) taken to be conservation park
   209.    Regional park (resource use area) taken to be resources reserve
   210.    References to particular protected areas
   211.    Trustees of regional park (general)
   212.    Trustees of regional park (resource use area)
   213.    Change in class does not affect instruments applying to an area
   214.    Deciding application for relevant authorities
           SCHEDULE--DICTIONARY


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