Queensland Consolidated Regulations

NATURE CONSERVATION (ADMINISTRATION) REGULATION 2006

TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

           Division 1--General provisions

   1.      Short title
   2.      Commencement
   3.      Relationship with management instruments

           Division 2--Dictionary and aids to interpretation

   4.      Dictionary
   5.      References to particular licences, permits or authorities
   6.      References to a class of wildlife
   7.      Meaning of character of area
   8.      Scientific names

           Part 2--Relevant authorities

           Division 1--Types of relevant authorities that may be granted

   9.      Permits and authorities for taking etc. cultural or natural resources of protected area
   10.     Permits for conducting other activities in a protected area
   11.     Licences for animals other than in a protected area
   12.     Permits for animals other than in a protected area
   13.     Authorities for animals other than in a protected area
   14.     Licences for protected plants other than in a protected area
   15.     Permits for protected plants other than in a protected area
   16.     Authorities for protected plants other than in a protected area

           Division 2--Term for relevant authority

   17.     Term of relevant authority
   18.     Maximum term for permits and authorities for taking etc. cultural or natural resources of protected area
   19.     Maximum term for permits for conducting other activities in a protected area
   20.     Maximum term for licences for wildlife
   21.     Maximum term for permits for wildlife
   22.     Maximum term for authorities for wildlife

           Division 3--Obtaining relevant authority generally
           Subdivision 1--Application for relevant authority

   23.     General requirements for application
   24.     Particular applications must include request for record book or approval of electronic record system
           Subdivision 2--Considering and deciding application for relevant authority
   25.     Considering application
   26.     Chief executive's power to require further information or document
   27.     Amending application
   28.     Chief executive may request public notice of application for protected area authority
   29.     Deciding application
   30.     Only suitable person can hold relevant authority
   31.     Relevant authority can not be granted if management instrument restricts the grant
   31A.    Restriction on granting relevant authority for national park (Cape York Peninsula Aboriginal land)
   32.     Steps to be taken after application decided
   33.     Continuing conditions of particular relevant authorities
           Subdivision 3--Form of relevant authority
   34.     Relevant authority to be written
   35.     General matters to be stated on relevant authority
   36.     Additional matters to be stated on protected area authority
   37.     Additional matters to be stated on wildlife authority
           Subdivision 4--Camping tags
   38.     Chief executive must issue camping tags

           Division 4--Obtaining camping permit for e-permit camping area or self-registration camping area
           Subdivision 1--Camping notices and tags

   39.     E-permit camping areas
   40.     Camping tag must be available
   41.     Self-registration camping areas
           Subdivision 2--When and extent to which permits granted
   42.     When camping permit for e-permit camping area taken to have been granted
   43.     Extent to which e-camping permit granted
   44.     When camping permit for self-registration camping area taken to have been granted
   45.     Extent to which self-registered camping permit granted

           Division 5--Amendment, suspension or cancellation of relevant authority

   46.     Minor amendments
   47.     Amendments by application
   48.     Other amendments other than immediately—grounds
   49.     Other amendments other than immediately—procedure
   50.     Immediate amendment or suspension of protected area authority for safety or conservation
   51.     Immediate amendment or suspension of wildlife authority for safety or conservation
   52.     Immediate amendment or suspension for failure to pay fee or royalty or give return
   53.     Suspending relevant authority other than immediately or cancelling relevant authority—grounds
   54.     Suspending relevant authority other than immediately or cancelling relevant authority—procedure
   55.     When holder of amended relevant authority must return authority
   56.     When holder of suspended relevant authority must return authority
   57.     When holder of cancelled relevant authority must return authority

           Division 6--Carrying out activities under relevant authority

   58.     Complying with conditions of relevant authority
   59.     Relevant authority or identification must be available for inspection
   60.     Display of relevant authority if animal displayed at particular places

           Division 7--Other provisions about relevant authorities

   61.     Only apiary permits transferable
   62.     Transfer of apiary permits
   63.     Requirement to notify chief executive of particular changes and ask for amendment
   64.     Replacing relevant authority
   65.     Surrendering relevant authority
   66.     Particular existing relevant authorities taken to be in force while new application is considered

           Part 3--Commercial activity agreements

           Division 1--Preliminary

   67.     Chief executive may enter into agreement
   68.     Restrictions on entering into agreement—conservation of protected area
   69.     Restrictions on entering into agreement—suitability of party
   70.     Restrictions on entering into agreement—insurance
   71.     Content of agreement
   72.     Mandatory conditions of agreement

           Division 2--Expression of interest process

   73.     Application of div 2
   74.     Invitation for expressions of interest
   75.     Requirements for expression of interest
   76.     Requirements for process
   77.     Chief executive may request further information
   78.     Amending expression of interest
   79.     Notice to unsuccessful submitters

           Division 3--Application process

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

           Division 4--Requirements applying to and nature of agreements

   88.     Term and review of agreements
   89.     Nature of agreement

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

   90.     Immediate amendment or suspension for safety or conservation
   91.     Amending agreement other than immediately
   92.     Process for amending agreement other than immediately
   93.     Cancelling agreement or suspending authorisation under agreement other than immediately
   94.     Process for cancelling agreement or suspending authorisation under agreement other than immediately

           Division 6--Transfer of authorisation under agreement

   95.     Application to transfer authorisation
   96.     Approval or non-approval of transfer
   97.     Giving effect to transfer

           Division 7--Requirement to have agreement or copy available for inspection

   98.     Agreement or copy must be available for inspection

           Part 4--Internal and external reviews

           Division 1--Preliminary

   99.     Internal review process before external review

           Division 2--Internal review

   100.    Applying for an internal review
   101.    Internal review
   102.    Stay of operation of reviewable decision

           Division 3--External reviews by QCAT

   103.    Who may apply for external review

           Part 5--Provisions about dealing with seized things

   109.    Application of pt 5
   110.    General powers for seized things
   111.    Tampering with seized thing
   112.    Particular seized things must be destroyed
   113.    Way seized thing must be kept
   114.    Notice for other seized things with market value of more than $500
   115.    Release of seized things
   116.    Procedure if seized thing for which notice given is not claimed and has market value of more than $500
   117.    Procedure for seized thing with market value of $500 or less
   118.    Application of proceeds of sale
   119.    Compensation not payable

           Part 6--Provisions about records

   120.    Application of pt 6
   121.    How records must be kept
   122.    Where records or copies must be kept
   123.    How long records or copies must be kept
   124.    General information that must be included in record
   125.    When record particulars to be included in record
   126.    Additional information to be included for wildlife exhibitor licences
   127.    Information must be complete, accurate and legible
   128.    Notice of theft, loss or destruction of, or damage to, record
   129.    Tampering with records

           Part 7--Provisions about returns of operations

   130.    Application of pt 7
   131.    Form and nature of return of operations
   132.    When return of operations must be given and the period for which they must be given
   133.    Information must be complete, accurate and legible
   134.    Way and how long return of operations must be kept
   135.    Notice of theft, loss or destruction of, or damage to, return
   136.    Tampering with return of operations

           Part 8--Fees payable under the Act

           Division 1--Fees payable

   137.    Fees generally
   138.    Additional fee for recreational wildlife licence or permit to keep protected wildlife—no sample taken
   139.    Additional fee for recreational wildlife licence or permit to keep protected wildlife—no implant inserted
   140.    Reduced application fee for commercial or group activity permits or commercial activity agreements
   141.    Reduced permit fee for commercial activity permits if equivalent fee paid under another Act
   142.    Reduced additional daily fee for commercial or group activity permits if equivalent fee paid under another Act
   143.    Reduced fee for particular landholders
   144.    Reduced fee for commercial wildlife harvesting licence for protected plants
   145.    When particular fees payable

           Division 2--Exemptions generally

   146.    Exemption for camping permit granted to particular persons
   147.    Exemption for recreational wildlife harvesting licence for lizards granted to particular persons
   148.    Exemption for particular wildlife farming licences
   149.    Exemption for particular permits to keep protected wildlife
   150.    Exemption for particular collection authorities
   151.    Exemption for recreational wildlife harvesting licence for protected plants that would be destroyed
   152.    Exemption for recreational wildlife harvesting licence for whole protected plants that will be propagated and replanted
   153.    Exemption for recreational wildlife harvesting licence for protected plant parts that will be propagated and replanted

           Division 3--Exemptions for particular activities directed at conservation

   154.    Application for exemption of fee
   155.    Deciding fee exemption application
   156.    Grant of exemption under fee exemption application
   157.    Refusal of exemption under fee exemption application
   158.    Effect of grant of exemption

           Division 4--Refund of fees

   159.    Refund of fees

           Part 10--General provisions

   161.    Demerit points
   162.    Period for which particular documents must be kept
   163.    Particular approvals not transferable
   164.    Prescribed class—Act, s 130
   165.    Approved forms

           Part 11--Repeal provision

   166.    Repeal

           Part 12--Transitional provisions

   167.    Definitions for pt 12
   168.    Continuing effect of existing licences, permits and other authorities
   169.    Existing applications for licences, permits or other authorities
   170.    Existing appeals about licences, permits or other authorities
   171.    Existing declarations of restricted access areas
   172.    Existing declarations of special activities
   173.    References to repealed regulation
           SCHEDULE 1 -- OVERVIEW OF REGULATION AND MANAGEMENT INSTRUMENTS
           1. Overview of Protected Areas Management Regulation
           2. Overview of Wildlife Management Regulation and conservation plans
           3. Overview of this regulation and its relationship with the management instruments
           SCHEDULE 2 -- MATTERS FOR DECIDING WHETHER PERSON IS A SUITABLE PERSON FOR RELEVANT AUTHORITY
           1. Definitions for sch 2
           2. Matters to which chief executive may have regard
           3. When person not a suitable person—protected area authorities and wildlife authorities
           4. When person not a suitable person—protected area authorities only
           5. When person not a suitable person—wildlife authorities only
           SCHEDULE 3 -- FEES
           SCHEDULE 4 -- CATEGORIES OF LEAST CONCERN PLANTS FOR FEES PAYABLE FOR SEEDS OR OTHER PROPAGATIVE MATERIAL
           SCHEDULE 5 -- CATEGORIES OF LEAST CONCERN PLANTS FOR FEES PAYABLE FOR FOLIAGE, FLOWERS OR INFLORESCENCES
           SCHEDULE 7 -- DICTIONARY
           Endnotes