Queensland Consolidated Acts

RECREATION AREAS MANAGEMENT ACT 2006

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Purpose of Act
   5.      Act binds all persons

           Part 2--Recreation areas

           Division 1--Establishing recreation areas

   6.      Agreement for inclusion of land in recreation area
   7.      Declaration of recreation area

           Division 2--Amalgamating, dividing and revoking recreation areas

   8.      Amalgamating or dividing recreation areas
   9.      Revoking recreation areas

           Division 3--Recreation area agreements

   10.     Recording particulars of agreements
   11.     Agreements attach to land
   12.     Amending or cancelling agreements
   13.     Recording amendment or cancellation of agreement

           Division 4--Effect of declaration on land-holders and native title rights

   14.     Rights and obligations of area land-holders not affected
   15.     Rights and obligations of interest holders not affected
   16.     Native title rights and interests not affected
   17.     Effect of declaration of recreation area on mining interests

           Part 3--Management plans

           Division 1--Preparing and approving management plans

   18.     Preparing draft management plan
   19.     Public notice of draft management plan
   20.     Content of draft management plan
   21.     Minister to prepare final management plan
   22.     Approval of final management plan
   23.     When approved management plan has effect
   24.     Effect of management plan if there is an amalgamation or division

           Division 2--Amending and reviewing management plans

   25.     Preparing draft amendment
   26.     Public notice of draft amendment
   27.     Exceptions from ss 25 and 26
   28.     Preparing final amendment
   29.     Approval of amendment
   30.     When approved amendment has effect
   31.     Reviewing management plans

           Division 3--Other matters about management plans

   32.     Public access to approved management plans
   33.     Chief executive may enter into cooperative arrangement for approved management plan

           Part 4--Access to, and permits for, recreation areas

           Division 1--Activities permitted

   34.     Types of permits
   35.     Terms of permits

           Division 2--Camping permits

   36.     How to obtain a camping permit
   37.     When a camping permit granted
   38.     Extent to which camping permit granted
   39.     Conditions of camping permit
   40.     Camping permit taken to be authorisation under other Acts

           Division 3--Vehicle access permits

   41.     How to obtain a vehicle access permit
   42.     When a vehicle access permit granted
   43.     Extent to which vehicle access permit granted
   44.     Vehicle access permit taken to be authorisation under Forestry Act 1959

           Division 4--Group activity permits

   45.     How to obtain a group activity permit
   46.     Requirements for grant of application for group activity permit
   47.     When a group activity permit granted
   48.     Group activity permit taken to be authorisation under other Acts

           Division 5--Commercial activity permits

   49.     How to obtain a commercial activity permit
   50.     Requirements for holding commercial activity permit
   51.     Chief executive may request public notice of application for commercial activity permit
   52.     Deciding application for commercial activity permit
   53.     Additional matters to be considered under s 52
   54.     Existing commercial activity permit taken to be in force while new application is considered
   55.     Commercial activity permit taken to be authorisation under other Acts

           Division 6--General provisions about permits

   56.     Chief executive's power to require further information about permit application
   57.     Amending permit application
   58.     Deciding permit application (other than commercial activity permit)
   59.     Steps to be taken after permit application decided (other than commercial activity permit)
   60.     Permits
   61.     Minor amendments
   62.     Amendments by application
   63.     Other amendments (other than immediately)
   64.     Immediate amendment or suspension of permits for safety or conservation
   65.     Cancelling a permit or suspending a permit (other than immediately)
   66.     Surrendering permits
   67.     Replacing permits
   68.     Permits and approvals not transferable

           Part 5--Commercial activity agreements for recreation areas

           Division 1--Preliminary

   69.     Chief executive may enter into commercial activity agreement
   70.     Restrictions on entering into commercial activity agreement
   71.     Content of commercial activity agreements
   72.     Mandatory conditions of commercial activity agreements

           Division 2--Expression of interest process

   73.     Application of div 2
   74.     Invitation for submissions
   75.     Requirements for submissions
   76.     Requirements for process of deciding
   77.     Chief executive may request further information
   78.     Amending the submission
   79.     Notice to unsuccessful submitters

           Division 3--Application process

   80.     Application of div 3
   81.     Applying for commercial activity agreement
   82.     Matters to be considered for application
   83.     Chief executive may request further information
   84.     Amending the application
   85.     Application of s 51 to commercial activity agreements
   86.     Negotiating application for commercial activity agreement
   87.     Steps to be taken after application decided

           Division 4--Requirements applying to and nature of agreements

   88.     Term and review of commercial activity agreements
   89.     Nature of commercial activity agreements

           Division 5--Amendment, termination and suspension of agreement by chief executive

   90.     Immediate amendment or suspension of commercial activity agreements for safety or conservation
   91.     Amending commercial activity agreements (other than immediately)
   92.     Cancelling commercial activity agreements or suspending authorisations under agreements (other than immediately)
   93.     Process for cancelling or suspending under s 92

           Division 6--Transfer of authorisations under commercial activity agreements

   94.     Application to transfer authorisation under commercial activity agreement
   95.     Approval or non approval of transfer
   96.     Giving effect to transfer

           Division 7--General provisions about commercial activity agreements

   97.     Declaration of prescribed commercial activity
   98.     Commercial activity agreement taken to be authorisation under other Acts

           Part 6--Regulatory and other notices and restricted access areas

           Division 1--Regulatory and other notices

   99.     Regulatory notices
   100.    Regulatory information notices

           Division 2--Restricted access areas

   101.    Immediate declaration of restricted access area
   102.    Declaration of restricted access area (other than immediately)
   103.    Consultation with stakeholders about declarations (other than immediately)
   104.    When declarations end

           Division 3--Effect of notices

   105.    Restricted access area notices and regulatory notices prevail over permits, agreements, or authorities

           Part 7--Offences

           Division 1--Access to, using and conduct in recreation areas

   106.    Unlawfully entering restricted access area
   107.    Failing to comply with particular regulatory notices
   108.    Unlawful camping
   109.    Unlawful use of motor vehicles
   110.    Unlawful conduct of group activity
   111.    Unlawfully conducting commercial activity
   112.    Compliance with recreation management conditions
   113.    Unauthorised interference with cultural or natural resources
   114.    Unauthorised structures and works

           Division 2--Fires

   115.    Unlawful lighting of fires
   116.    Unattended fires
   117.    Unauthorised things relating to fires

           Division 3--Animals and plants

   118.    Unauthorised feeding of animals
   119.    Unauthorised disturbance of animals
   120.    Food to be kept from animals
   121.    Restriction on animals in recreation area
   122.    Taking into and keeping of dogs in recreation areas
   123.    Unlawfully bringing plants into recreation areas

           Division 4--Pollution and waste

   124.    Polluting and misusing water
   125.    Unlawful disposal of offensive or harmful substances
   126.    Dumping or abandoning vehicles or vessels
   127.    Dumping or abandoning waste material

           Division 5--Other conduct

   128.    Unauthorised use of generators, compressors or motors
   129.    Disturbance by radio, tape recorder or sound system
   130.    Unlawful possession or use of weapons, explosives or traps
   131.    Unauthorised use of recreational craft
   132.    Unauthorised landing of aircraft
   133.    General misconduct
   134.    False or misleading information given by applicant
   135.    False or misleading documents given by applicant
   136.    Fraudulent claims for replacement permit
   137.    Permit or corresponding authority must be available for inspection
   138.    Written approval must be available for inspection
   139.    Commercial activity agreement must be available for inspection
   140.    Failing to comply with conditions of permit or authority
   141.    Requirement to notify chief executive of particular changes

           Division 6--Demerit points for offences

   142.    Demerit points

           Part 8--Investigation and enforcement

           Division 1--Authorised officers

   143.    Appointment and qualifications
   144.    Appointment conditions and limit on powers
   145.    Issue of identity card
   146.    Production or display of identity card
   147.    When authorised officer ceases to hold office
   148.    Resignation
   149.    Return of identity card

           Division 2--Powers of authorised officers
           Subdivision 1--Entry to places

   150.    Power to enter places
           Subdivision 2--Procedure for entry
   151.    Entry with consent
   152.    Application for warrant
   153.    Issue of warrant
   154.    Application by electronic communication and duplicate warrant
   155.    Defect in relation to a warrant
   156.    Warrants procedure before entry
           Subdivision 3--Powers after entry
   157.    General powers after entering places
   158.    Power to require reasonable help or information
           Subdivision 4--Other powers
   159.    Power to give direction to leave camping site for protection, safety or minimising disturbance
   160.    Power to give direction to leave camping site for person camping at same site for long periods
   161.    Power to give direction about fires
   162.    Power to give direction about dogs
   163.    Power to stop persons
   164.    Power to require name and address
   165.    Failure to give name or address
   166.    Power to require information about contravention
   167.    Power to give direction to leave recreation area
   168.    Power to stop and search vehicle, vessel, aircraft or recreational craft
   169.    Power to require driver or person in control of vehicle, vessel, aircraft or recreational craft to give reasonable help
   170.    Power to give direction about vehicle, vessel, aircraft or recreational craft
           Subdivision 5--Power to seize evidence
   171.    Seizing evidence at a place entered under s 150
   172.    Seizing evidence on or in vehicle, vessel, aircraft or recreational craft entered or boarded under s 168
   173.    Powers in support of seizure
   174.    Securing seized things
   175.    Tampering with seized things
   176.    Receipt for seized things
   177.    Authorised officer may dispose of natural resources unlawfully taken
   178.    Forfeiture of seized things
   179.    Dealing with forfeited things
   180.    Return of seized things
   181.    Access to seized things

           Division 3--Dealing with abandoned property and unauthorised structures and works

   182.    Abandoned property
   183.    Removal of unauthorised structures and works
   184.    Application of ss 174 to 176 to seized property, structures or works
   185.    Notice of seizure for property, structures, works or things with market value of more than $500
   186.    Release of seized property, structures, works or things
   187.    Procedure if seized property, structures, works or things are not claimed or are of little value
   188.    Application of proceeds of sale

           Division 4--General enforcement matters

   189.    Authorised officer's obligation not to cause unnecessary damage
   190.    Notice of damage
   191.    Compensation
   192.    False or misleading information given to authorised officer
   193.    False or misleading documents given to authorised officer
   194.    Obstructing an authorised officer
   195.    Impersonating an authorised officer

           Part 9--Legal proceedings

           Division 1--Evidence

   196.    Application of div 1
   197.    Appointments and authority
   198.    Signatures
   199.    Evidentiary matters

           Division 2--Offence proceedings

   200.    Summary proceedings for offences
   201.    Allegations of false or misleading information or documents
   202.    Responsibility for acts or omissions of representatives
   203.    Executive officers responsible for ensuring corporation complies with Act
   204.    Holder of authority responsible for ensuring Act complied with
   205.    Responsibility for offences committed with use of vehicle, vessel, aircraft or recreational craft

           Division 3--Internal reviews

   206.    Appeal process starts with internal review
   207.    Applying for an internal review
   208.    Review decision
   209.    Stay of operation of appellable decision

           Division 4--Appeals

   210.    Who may appeal
   211.    How to start an appeal
   212.    Hearing procedures
   213.    Stay of operation of decision
   214.    Powers of court on appeal
   215.    Appeals from Magistrate Court's decision

           Part 10--Miscellaneous

           Division 1--Camping notices and tags

   216.    E-permit camping areas
   217.    Camping tag must be available
   218.    Self-registration camping areas

           Division 2--Records and information

   219.    Records and other information to be kept
   220.    Interfering with record
   221.    Notice of damage to, or loss or destruction of, record
   222.    Requirement to produce or surrender record
   223.    Confidentiality of information

           Division 3--Other miscellaneous provisions

   224.    Advisory committees
   225.    Delegation by Minister
   226.    Chief executive's power to carry out works
   227.    Liability of State
   228.    Protecting officials from liability
   229.    Immunity from prosecution
   230.    Recreation areas management fund
   231.    Approved forms
   232.    Regulation-making power

           Part 11--Transitional provisions

   233.    Dissolution of Queensland Recreation Areas Management Authority
   234.    Dissolution of Queensland Recreation Areas Management Board
   235.    Existing recreation areas continue
   236.    Existing consents and agreements about the inclusion of land in recreation areas continue
   237.    Existing management plans continue
   238.    Management plans being prepared
   239.    Existing permits, approvals and agreements continue
   240.    Existing applications for permits, approvals and agreements continue
   241.    Existing directions, requirements, notices and decisions continue
   242.    Existing authorised officers continue
   243.    Existing legal proceedings continue
   244.    Existing advisory committee continues
   245.    References to Recreation Areas Management Act 1988
   246.    References to Queensland Recreation Areas Management Authority
   247.    References to Queensland Recreation Areas Management Board
   248.    References to Queensland Recreation Areas Management Board Fund
   249.    Application of particular sections

           Part 12--Repeal and consequential amendments

   251.    Act repealed
           SCHEDULE -- DICTIONARY
           Endnotes