NATURE CONSERVATION ACT 1992

Queensland Consolidated Acts

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NATURE CONSERVATION ACT 1992

TABLE OF PROVISIONS

Long Title

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)
19AA. Management principles of national parks (Cape York Peninsula Aboriginal land)
19A. Management principles of national parks (recovery)
20. Management principles of conservation parks
21. Management principles of resources reserves
22. Management principles of nature refuges
23. Management principles of coordinated conservation areas
24. Management principles of wilderness areas
25. Management principles of World Heritage management areas
26. Management principles of international agreement areas
27. Prohibition on mining 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
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
Subdivision 3--Interests in protected areas
34. Leases etc. over protected areas
35. Chief executive's powers about permitted uses in national parks or national parks (recovery)
36. Authorities for new national park or national park (recovery)
37. Chief executive's powers to renew existing authorities for national parks
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

Division 3--Protected areas (Aboriginal land and Torres Strait Islander land)
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)

Division 3A--Regeneration plans for national parks (recovery)

42A. Obligation to prepare regeneration plan
42B. Purpose of regeneration plan
42C. Publication of draft regeneration plan
42D. Comments to be considered before final plan made
42E. Final regeneration plan
42F. Implementation of final regeneration plan

Division 4--Nature refuges, coordinated conservation areas and wilderness areas

43. Meaning of protected area in division
44. Proposal for declaration of protected area
45. Conservation agreements
46. Declaration of protected area
47. Duration and termination of conservation agreements
48. Variation or replacement of conservation agreements
49. Compulsory declaration of nature refuge
50. Revocation of protected area
51. Conservation agreements and covenants binding
52. Liability of State

Division 5--World Heritage management areas

53. Proposal to declare World Heritage management area
54. Preparation of management plan
55. Declaration of World Heritage management area
56. Revocation of World Heritage management area

Division 6--International agreement areas

57. Proposal to declare international agreement area
58. Preparation of management plan
59. Declaration of international agreement area
60. Revocation of international agreement area

Division 7--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 8--General

63. Meaning of landholder in division
64. Naming of protected areas
65. Effect of change in class of protected area
66. Cancellation of licences etc.
67. Compensation when protected area 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

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--Dedication and revocation

70C. Dedication of forest reserves
70D. Naming of forest reserves
70E. Revocation of forest reserves

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 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
78A. Native wildlife may be prescribed as rare 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

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
88B. Offence to keep or use native wildlife reasonably suspected to have been unlawfully taken
88C. Restrictions relating to flying-foxes and flying-fox roosts
89. Restriction on taking etc. particular protected plants
90. Restriction on using particular protected plants
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

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 and conservation plans

110. Meaning of landholder in part
111. Management plans
112. Conservation plans
113. Notice of proposal to prepare draft plan
114. Preparation of draft plan
115. Notice of preparation of draft plan
116. Submissions to be considered when preparing final plans
117. Final management plans
118. Final conservation plans
119. Approval of final plan
120. Implementation of approved plan
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
124. Approval of amendment of plans
125. Review of plans
126. Compensation

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
138. Compensation not payable
139. Annual report
140. Delegation by Minister
141. Delegation by chief executive
142. Protection from liability
143. Immunity from prosecution

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
158. False or misleading documents
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

Part 11--Miscellaneous

173P. Chief executive's general powers
173Q. Publication of notice for revocation under s 30, 32, 56 or 70E or particular amalgamations under s 33
173R. Provision for stock grazing in particular national parks
174. Application of Statutory Instruments Act
174A. Chief executive may make codes of practice
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
184A. Provision to allow horse riding in particular former forest reserves until 24 November 2013
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
SCHEDULE -- DICTIONARY
Endnotes

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