Queensland Consolidated Acts Queensland Consolidated Acts(1) A person, other than an authorised person, must not take, use, keep or interfere with a cultural or natural resource of a protected area, other than under--
(a) the interim or declared management intent for the area; or
(b) an indigenous management agreement in relation to the area or any conservation agreement or covenant applicable to the area; or
(c) a lease, agreement, licence, permit or other authority granted, made, issued or given--
(i) by the chief executive under sections 34 to 38; or
(ii) under the Forestry Act 1959 or Mineral Resources Act 1989; or
(iii) under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or
(d) a licence, permit or other authority issued or given under a regulation; or
(e) if the area is a conservation park, resources reserve, nature refuge, coordinated conservation area, wilderness area, World Heritage management area or international agreement area--an exemption under a regulation.
Maximum penalty--3000 penalty units or 2 years imprisonment.
(2) It is a defence to a charge of taking or interfering with a cultural or natural resource in contravention of subsection (1) to prove that--
(a) the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and
(b) the taking or interference could not have been reasonably avoided.
(3) Subsection (2) does not allow a person to use or keep the resource.
(4) Despite subsection (1) and section 15, but subject to the conditions prescribed under a regulation, a person may take--
(a) a fish in a prescribed place; or
(b) an invertebrate animal in a prescribed place for use as bait to take fish under paragraph (a); or
(c) a mud crab (Scylla serrata) in a prescribed place.
(5) However, subsection (4) does not authorise a person to take--
(a) an animal for a commercial purpose; or
(b) an animal prescribed under this Act as threatened, rare or near threatened wildlife; or
(c) an animal prescribed under a regulation for this paragraph.
(6) Also, subsection (4) does not, in itself, authorise a person to enter a prescribed place.
(7) In this section--
national park includes a national park (Aboriginal land), national park (Torres Strait Islander land), national park (Cape York Peninsula Aboriginal land) and national park (recovery).
prescribed place means a national park, or part of a national park, prescribed under a regulation for subsection (4)(a), (b) or (c).