Nature Conservation (Protected Areas Management) Regulation 2006

1Short title

This regulation may be cited as the Nature Conservation (Protected Areas Management) Regulation 2006.

2Commencement

This regulation commences on 21 August 2006.

3Relationship with Administration Regulation

(1)This regulation must be read together with the Administration Regulation.

(2)In overview only, the Administration Regulation—

(a)provides for the administrative matters relating to the grant, amendment, suspension, cancellation, surrender and replacement of relevant authorities, including restrictions on the grant of protected area authorities in addition to restrictions stated in this regulation; and

(b)states requirements applying to carrying out activities under a relevant authority, including requirements applying to protected area authorities in addition to requirements stated in this regulation; and

(c)provides for the administrative matters relating to entering into, amending, suspending authorisations under, and cancelling, commercial activity agreements applying to protected areas; and

(d)provides for the review of, and appeal against, particular decisions, including decisions of the chief executive, or a conservation officer, under this regulation; and

(e)states the procedures applying after a thing is seized under section 145 or chapter 8; and

(f)states the requirements for records required to be kept under the Act, including records required to be kept by the holder of a commercial activity permit other than for filming or photography, under section 64; and

(g)states the requirements for returns of operations required to be given to the chief executive under the Act, including a return of operations required to be given by the holder of a commercial activity permit other than for filming or photography, under section 65; and

(h)provides for the fees that are payable under the Act; and

(i)includes additional general provisions for the Act, including—

(i)how demerit points are accumulated; and

(ii)the period for which particular documents must be kept under the Act.

4Definition for pt 2

In this part—

relevant protected area means a nature refuge or a coordinated conservation area.

def relevant protected area sub 2014 SL No. 35s 27

5Application generally

Subject to sections 6 to 9, this regulation applies to all protected areas.

6Application to national park (Aboriginal land) or national park (Torres Strait Islander land)

A provision of this regulation applies to a national park (Aboriginal land) or national park (Torres Strait Islander land), or a part of the national park, unless the provision declares that it does not apply to the national park or part.

s 6 amd 2009 SL No. 15s 3

7Application to State forest or timber reserves

A provision of this regulation applies to a State forest or timber reserve under the Forestry Act 1959 in a relevant protected area only if, and to the extent that, the provision declares that it applies to the forest or reserve.

s 7 amd 2014 SL No. 35s 28

8Application to private land

(1)A provision of this regulation applies to private land in a relevant protected area only if, and to the extent that, the provision declares that it applies to the land.

(2)In this section—

private land means land other than State land.

s 8 amd 2009 SL No. 15s 4; 2014 SL No. 35s 29

9Application to particular activities in resources reserve

(1)This regulation does not apply to the following activities on land in a resources reserve—

(a)an activity conducted under a mineral authority or petroleum authority on land covered by the authority;

(b)camping or fossicking under the Fossicking Act 1994.

(2)In this section—

mineral authority means a prospecting permit, mining claim, exploration permit, mineral development licence or mining lease under the Mineral Resources Act 1989.

petroleum authority means the following—

(a)an authority to prospect or a lease under the Petroleum Act 1923;

(b)an authority to prospect, data acquisition authority, petroleum lease, pipeline licence, survey licence or water monitoring authority under the Petroleum and Gas (Production and Safety) Act 2004.

s 9 amd 2014 SL No. 35s 30; 2016 SL No. 104 s 2 sch 1

10Interpretation generally

(1)The dictionary in schedule 9 defines particular terms used in this regulation.

(2)Subject to subsection (1), and unless this regulation provides otherwise, terms used in this regulation have the same meaning they have in the Administration Regulation.

(3)Subsection (2) is not limited to a term defined in the Administration Regulation but also applies to a provision of that regulation that aids the interpretation of a term used in that regulation.

Note—

For provisions that aid the interpretation of terms used in the Administration Regulation, see sections 5 to 7 of that regulation.

11Scientific names

The scientific names used for wildlife mentioned in this regulation follow the scientific reference stated for the wildlife in the Wildlife Regulation, section 5.

pt hdg amd 2014 SL No. 35s 31; 2016 SL No. 104 s 2 sch 1

12Trustees of particular conservation parks to manage park—Act, s 31

(1)Each conservation park mentioned in schedule 1, column 1, must be managed by the trustee of the park.

(2)The trustee of the park—

(a)is stated in schedule 1, column 2, opposite the park; and

(b)has, for the park, the powers of the chief executive stated in schedule 1, column 3, opposite the park.

(3)For a conservation park mentioned in schedule 1, column 1—

(a)the chief executive—

(i)is not responsible for managing the park; and

(ii)does not have the powers given to the trustee of the park, under subsection (2)(b); and

(b)a reference in this regulation, or the Administration Regulation, to the chief executive is taken to be a reference to the trustee of the park, to the extent the reference applies to—

(i)the management of the park generally; or

(ii)the trustee’s powers under subsection (2)(b).

s 12 amd 2014 SL No. 35s 32; 2016 SL No. 104 s 2 sch 1

13Trustees of particular resources reserves to manage reserve—Act, s 31

(1)Each resources reserve mentioned in schedule 2, part 1, column 1, must be jointly managed by the joint trustees of the reserve.

(2)The joint trustees of the reserve are stated in schedule 2, part 1, column 2, opposite the reserve.

(3)Subsection (4) applies to a resources reserve mentioned in schedule 2, part 2, column 1.

(4)The other joint trustee has, for the reserve, the powers of the chief executive stated in schedule 2, part 2, column 2, opposite the reserve.

(5)For a resources reserve mentioned in schedule 2, part 1, column 1, a reference in this regulation, or the Administration Regulation, to the chief executive is taken to include a reference to the other joint trustee, to the extent the reference applies to—

(a)the management of the reserve generally; or

(b)if the other joint trustee has been given powers of the chief executive under subsection (4)—the other joint trustee’s powers under subsection (4).

(6)In this section—

other joint trustee, for a resources reserve mentioned in schedule 2, part 1, column 1, means the joint trustee, other than the chief executive, stated in schedule 2, part 1, column 2, opposite the reserve.

s 13 amd 2009 SL No. 15s 5; 2014 SL No. 35s 33; 2016 SL No. 104 s 2 sch 1

14Application of fees charged by trustees

(1)This section applies to—

(a)a conservation park placed under the management of the trustee of the park, under section 12; and

(b)a resources reserve placed under the management of the trustee of the reserve, under section 13.

(2)If the trustee of the park or reserve charges a fee for a service the trustee provides in the park or reserve, the trustee must use the fee for giving effect to the management principles for the park or reserve.

s 14 amd 2014 SL No. 35s 34; 2016 SL No. 104 s 2 sch 1

15Permitted uses in national parks—Act, s 35

(1)For section 35(1)(d) of the Act—

(a)a use stated in schedule 3, part 1, column 2, is a permitted use for the relevant area stated opposite the use in part 1, column 1 of that schedule if the use is only for a service facility; and

(b)a use stated in schedule 3, part 2, column 2, is a permitted use for the relevant area stated opposite the use in part 2, column 1 of that schedule if the use is only for an ecotourism facility.

(2)A copy of a drawing, map or plan mentioned in schedule 3 may be inspected, free of charge, during business hours, at the department’s central office.

s 15 amd 2013 SL No. 303s 3; 2014 SL No. 35s 35

16Permitted uses in national parks—Act, s 37

(1)For section 37(2) of the Act, a use stated in schedule 4, column 2, is a permitted use for the national park, or part of the national park, stated in schedule 4, column 1 opposite the use.

(2)A copy of a drawing, map or plan mentioned in schedule 4 may be inspected, free of charge, during business hours, at the department’s central office.

17Additional matters to be considered

In considering an application for a permit to take, use, keep or interfere with cultural or natural resources (a resources permit), an apiary permit, an Aboriginal tradition authority or an Island custom authority the chief executive must have regard to each of the following—

(a)the impact the activities that may be conducted under the permit or authority may have on the character and amenity of the protected area to which the permit or authority applies and adjacent areas;

(b)the likely cumulative effect of the proposed use and other uses on the protected area to which the permit or authority applies.

Note—

See the Administration Regulation, section 25 for other matters the chief executive must have regard to when considering an application for a protected area authority.

18Restriction on grant about insurance

(1)The chief executive may grant a resources permit or an apiary permit to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit.

(2)However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.

19Restriction about permit for quarry material

The chief executive may grant a resources permit authorising the removal of quarry material only for a resources reserve.

s 19 amd 2014 SL No. 35s 36; 2016 SL No. 104 s 2 sch 1

20Restrictions about permit for plant parts

(1)The chief executive may grant a resources permit authorising the taking of only the following parts of a plant (each a permitted plant part)—

(a)a seed or other propagative material;

(b)foliage, a flower or an inflorescence.

(2)The chief executive may grant a resources permit authorising the taking of a permitted plant part of only a least concern plant.

(3)The chief executive may grant a resources permit authorising the taking of a permitted plant part of a least concern plant only for—

(a)a conservation park; or

(aa)a resources reserve; or

(b)a special management area (controlled action).

(4)However, the chief executive may grant a resources permit mentioned in subsection (3) for a special management area (controlled action) only for a prescribed activity stated in the notice declaring the area under section 42A of the Act.

s 20 amd 2007 SL No. 61s 21; 2014 SL No. 35s 37; 2016 SL No. 104 s 2 sch 1

21Additional general restriction on grant of permit

The chief executive may grant a resources permit for educational purposes for a cultural or natural resource only if the chief executive is satisfied—

(a)the proposed taking, use or keeping of, or interference with, the resource is ecologically sustainable; and

(b)if the resource is a cultural resource of significance to a community or group of Aboriginal people or Torres Strait Islanders particularly concerned with the land from which the resource is to be taken—the proposed taking, use or keeping of, or interference with, the resource has appropriate regard to the wishes of the community or group.

22Restriction about persons to whom permit may be granted

(1)The chief executive may grant a resources permit for educational purposes to an individual only if the chief executive is satisfied—

(a)the individual—

(i)holds a tertiary qualification relevant to the activities to be conducted under the permit; or

(ii)has demonstrated experience and knowledge in relation to the activities to be conducted under the permit; and

(b)for a permit for animals—the individual has experience in the care and husbandry of the species of animals for which the permit is to be granted.

(2)The chief executive may grant a resources permit for educational purposes to a corporation only if the corporation is an educational institution or organisation.

23Restriction about purposes for which permit may be granted

The chief executive may grant a resources permit for educational purposes only if the chief executive is satisfied—

(a)the purpose for which the resource is proposed to be taken, used, kept or interfered with under the permit is a genuine educational purpose; and

(b)the purpose can only reasonably be conducted in the protected area, or the part of a protected area, for which the permit is to be granted.

24Additional general restriction on grant of permit

The chief executive may grant a resources permit for scientific purposes for a cultural or natural resource only if—

(a)the proposed taking, use or keeping of, or interference with, the resource is ecologically sustainable; and

(b)if the resource is a cultural resource of significance to a community or group of Aboriginal people or Torres Strait Islanders particularly concerned with the land where the resource is to be taken—the proposed taking, use or keeping of, or interference with, the resource has appropriate regard to the wishes of the community or group.

25Restriction about persons to whom permit may be granted

(1)The chief executive may grant a resources permit for scientific purposes to an individual only if the chief executive—

(a)is satisfied—

(i)the person is associated with an entity that is involved in scientific research; and

(ii)the way the scientific purpose, for which the permit is to be granted, is to be achieved is consistent with the requirements of the entity with which the person is associated; and

(iii)the application for the permit is supported by the person responsible for the management or control of the entity; or

(b)is satisfied the person is receiving, or has completed, postgraduate training in scientific research relevant to the activities to be conducted under the permit; or

(c)is satisfied the person has achieved a satisfactory level of competence in scientific research relevant to the activities to be conducted under the permit; or

(d)is satisfied the person has an established reputation in the field of scientific research relevant to the activities to be conducted under the permit.

(2)The chief executive may grant a resources permit for scientific purposes to a corporation only if the chief executive is satisfied—

(a)the corporation has an established reputation in the field of scientific research relevant to the activities to be conducted under the permit; or

(b)1 or more of the executive officers or employees of the corporation have achieved a satisfactory level of competence in scientific research relevant to the activities to be conducted under the permit.

26Restriction about purposes for which permit may be granted

The chief executive may grant a resources permit for scientific purposes only if the chief executive is satisfied—

(a)the scientific purpose for which the resource is to be taken, used, kept or interfered with is a genuine scientific purpose; and

(b)the purpose can only reasonably be conducted in the protected area, or the part of a protected area, for which the permit is to be granted.

27Taking, using, keeping and interfering with particular resources authorised

(1)A resources permit authorises the holder of the permit, or a relevant person for the holder, to take, use, keep and interfere with the cultural or natural resources stated on the permit from the protected area, or the part of a protected area, stated on the permit.

(2)Also, a resources permit that specifically states entry into a stated restricted access area is authorised, authorises the holder of the permit, or a relevant person for the holder, to enter and remain in the restricted access area.

(3)However, a resources permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public.

28Royalty payable for quarry material

(1)The holder of a resources permit authorising the removal of quarry material from a resources reserve must pay the State $2.70 for each cubic metre of quarry material removed from the reserve.

(2)The royalty is payable—

(a)if the permit is granted for a stated amount of quarry material to be removed under the permit—in total when the permit is granted; or

(b)otherwise—monthly, at the end of each month during which quarry material is removed under the permit.

(3)However, the chief executive may exempt a government entity or a local government from payment of the whole or part of the royalty payable under this section if the chief executive considers it is appropriate having regard to the following—

(a)the purpose for which the reserve was declared to be a resources reserve;

(b)whether the material is to be used for a public purpose;

(c)whether there is another source for the material that is not in a protected area;

(d)if there is another source for the material that is not in a protected area, the costs involved in obtaining the material from the other source relative to the costs involved in obtaining the material from the resources reserve.

(4)A royalty payable under this section, other than a royalty payable by an entity representing the State, is a debt due to the State.

(5)In this section—

government entity see the Public Service Act 2008, section 24.

s 28 amd 2007 SL No. 159s 18; 2008 SL No. 207s 19; 2008 SL No. 209s 20sch 2; 2009 SL No. 98s 16; 2010 SL No. 162s 30; 2011 SL No. 135s 32; 2012 SL No. 116s 14; 2013 SL No. 183s 9; 2014 SL No. 35s 38; 2014 SL No. 119s 10; 2015 SL No. 41s 11; 2016 SL No. 78 s 10; 2016 SL No. 104 s 2 sch 1; 2017 SL No. 83 s 10

29Restriction about protected areas for which permit may be granted

(1)The chief executive may grant an apiary permit for only 1 or more of the following areas—

(a)a national park, or part of a national park, that is an apiary area;

(b)a special management area (controlled action);

(c)a conservation park;

(d)a resources reserve.

(2)However, the chief executive can not grant an apiary permit for a national park, or a part of a national park, that is an apiary area if, were the permit granted, there would be more than the permitted number of apiary sites for the park or part.

(3)For subsection (2), the permitted number of apiary sites for a national park, or a part of a national park, that is an apiary area is the number of apiary sites stated in schedule 5, opposite the name of the forest reserve that became the apiary area.

(4)Despite subsection (1)(b), the chief executive may grant an apiary permit for a special management area (controlled action) only for a prescribed activity stated in the notice declaring the area under section 42A of the Act.

s 29 amd 2014 SL No. 35s 39; 2016 SL No. 104 s 2 sch 1

30Restriction about number of beehives for which permit may be granted

The chief executive can not grant an apiary permit allowing more than 150 beehives for an apiary site.

31Taking, using, keeping and interfering with particular resources for apiary authorised

(1)An apiary permit authorises the holder of the permit, or a relevant person for the holder, to take, use, keep and interfere with the cultural or natural resources of the protected area, or the part of a protected area, stated on the permit.

(2)However, an apiary permit authorises the holder of the permit, or a relevant person for the holder, to take, use, keep or interfere with cultural or natural resources only for operating an apiary.

(3)An apiary permit that specifically states entry into a stated restricted access area is authorised, authorises the holder of the permit, or a relevant person for the holder, to enter the restricted access area.

(4)However, an apiary permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public.

32Restriction about resources for which authorities may be granted

(1)The chief executive can not grant an Aboriginal tradition authority or Island custom authority for—

(a)a natural resource of a national park (scientific); or

(b)threatened, rare or near threatened wildlife, other than a protected plant part of a vulnerable or near threatened plant.

(2)Subsection (3) applies to—

(a)a protected plant part of a vulnerable or near threatened plant; and

(b)least concern wildlife.

(3)The chief executive can not grant an Aboriginal tradition authority or Island custom authority for the plant part or the wildlife if the taking, use or keeping of, or the interference with, the plant part or wildlife will reduce the ability of the plant or the wildlife to maintain or recover the plant’s or wildlife’s natural population levels in the protected area, or the part of a protected area, to which the authority applies.

s 32 amd 2010 SL No. 93s 7; 2014 SL No. 35s 40; 2016 SL No. 104 s 2 sch 1

33Restriction about way for taking, keeping, using or interfering with resources

The chief executive can not grant an Aboriginal tradition authority or Island custom authority that authorises—

(a)the taking of, or interfering with, the cultural or natural resources of a protected area by using a weapon; or

(b)the taking, keeping or using of, or interfering with, the cultural or natural resources of a protected area in a way that may cause harm to a person visiting the area.

34Additional matters to be considered

In considering an application for an Aboriginal tradition authority for a cultural or natural resource of a protected area, the chief executive must have regard to—

(a)any advice given by the corporation named in the application for the authority on the significance, under Aboriginal tradition, of the activity the subject of the application; and

(b)whether there is a reasonable alternative to taking, keeping, using or interfering with the resource; and

(c)the extent to which the activity will interfere with the public use of the protected area, or the part of a protected area, to which the authority applies.

Note—

See section 21 and the Administration Regulation, section 25, for other matters the chief executive must have regard to when considering an application for an Aboriginal tradition authority.

35Restriction about persons to whom authority may be granted

(1)The chief executive may grant an Aboriginal tradition authority for a protected area, or a part of a protected area, only to a corporation that—

(a)represents a community or group of Aboriginal people particularly concerned with the land within the area or part; and

(b)has consulted with, and considered the views of, Aboriginal people particularly concerned with land within the area or part; and

(c)is satisfied the way the activity to be conducted under the authority will be conducted is consistent with Aboriginal tradition.

(2)Also, the chief executive may grant an Aboriginal tradition authority to the corporation only if the corporation has an office in the State.

36Additional restriction about circumstances under which authority may be granted for particular national parks

(1)The chief executive may grant an Aboriginal tradition authority for a natural resource of a relevant national park only if the chief executive is satisfied—

(a)the purpose for which the resource is to be taken, kept, used or interfered with is of particular significance under Aboriginal tradition, according to the views of the people regarded by the members of the relevant group as having authority to state the traditional significance of the resource; or

(b)the community or group of Aboriginal people for which the application is made will be on the park to prepare a claim or management plan for the park under the Aboriginal Land Act 1991.

(2)This section does not apply to a seed or another part of a vulnerable, near threatened or least concern plant.

(3)In this section—

relevant group, for an Aboriginal tradition authority, means the group the corporation named in the application for the authority represents.

relevant national park means a national park other than a special management area (controlled action) to allow activities of the type, or for the purpose, stated in section 17(1A)(a)of the Act.

s 36 amd 2010 SL No. 93s 8; 2014 SL No. 35s 41; 2016 SL No. 104 s 2 sch 1

37Taking, using, keeping and interfering with particular resources authorised

(1)An Aboriginal tradition authority authorises each relevant person for the holder of the authority to take, use, keep and interfere with, under Aboriginal tradition, the cultural or natural resources stated on the permit in the protected area, or the part of a protected area, stated on the permit.

(2)Also, an Aboriginal tradition authority that specifically states entry into a stated restricted access area is authorised, authorises each relevant person for the holder of the authority to enter the restricted access area.

(3)However, an Aboriginal tradition authority does not authorise a relevant person for the holder of the authority to enter or remain in an area closed to the public.

38Notifying persons about authorisations and conditions

The holder of an Aboriginal tradition authority must take all reasonable steps to ensure each relevant person for the holder acting under the authority is aware of—

(a)the activities that are authorised, and the activities that are not authorised, to be conducted under the authority; and

(b)the conditions applying to the authority.

Maximum penalty—165 penalty units.

39Way cultural or natural resource may be taken

A person acting under an Aboriginal tradition authority must not take, use, keep or interfere with a cultural or natural resource of a protected area other than in a way that is consistent with Aboriginal tradition.

Maximum penalty—165 penalty units.

40Additional matters to be considered

In considering an application for an Island custom authority for a cultural or natural resource of a protected area, the chief executive must have regard to—

(a)any advice given by the corporation named in the application for the authority on the significance, under Island custom, of the activity the subject of the application; and

(b)whether there is a reasonable alternative to taking, keeping, using or interfering with the resource; and

(c)the extent to which the activity will interfere with the public use of the protected area, or the part of a protected area, to which the authority applies.

Note—

See section 21 and the Administration Regulation, section 25, for other matters the chief executive must have regard to when considering an application for an Island custom authority.

41Restriction about persons to whom authority may be granted

(1)The chief executive may grant an Island custom authority for a protected area, or a part of a protected area, only to a corporation that—

(a)represents a community or group of Torres Strait Islanders particularly concerned with land within the area or part; and

(b)has consulted with, and considered the views of, Torres Strait Islander people particularly concerned with land within the area or part; and

(c)is satisfied the way the activity to be conducted under the authority will be conducted is consistent with Island custom.

(2)Also, the chief executive may grant an Island custom authority to the corporation only if the corporation has an office in the State.

42Additional restriction about circumstances under which authority may be granted for particular national parks

(1)The chief executive may grant an Island custom authority for a natural resource of a relevant national park only if the chief executive is satisfied—

(a)the purpose for which the resource is to be taken, kept, used or interfered with is of particular significance under Island custom, according to the views of the people regarded by the members of the relevant group as having authority to state the customary significance of the resource; or

(b)the community or group of Torres Strait Islanders for which the application is made will be on the park to prepare a claim or management plan for the park under the Torres Strait Islander Land Act 1991.

(2)This section does not apply to a seed or another part of a vulnerable, near threatened or least concern plant.

(3)In this section—

relevant group, for an Island custom authority, means the group that the corporation named in the application for the authority represents.

relevant national park means a national park other than a special management area (controlled action) to allow activities of the type, or for the purpose, stated in section 17(1A)(a)of the Act.

s 42 amd 2010 SL No. 93s 9; 2014 SL No. 35s 42; 2016 SL No. 104 s 2 sch 1

43Taking, using, keeping and interfering with particular resources authorised

(1)An Island custom authority authorises each relevant person for the holder of the authority to take, use, keep and interfere with, under Island custom, the cultural or natural resources stated on the permit in the protected area, or the part of a protected area, stated on the permit.

(2)Also, an Island custom authority that specifically states entry into a stated restricted access area is authorised, authorises each relevant person for the holder of the authority to enter and remain in a restricted access area.

(3)However, an Island custom authority does not authorise a relevant person for the holder of the authority to enter or remain in an area closed to the public.

44Notifying persons about authorisations and conditions

The holder of an Island custom authority must take all reasonable steps to ensure each relevant person for the holder acting under the authority is aware of—

(a)the activities that are authorised, and the activities that are not authorised, to be conducted under the authority; and

(b)the conditions applying to the authority.

Maximum penalty—165 penalty units.

45Way cultural or natural resource may be taken

A person acting under an Island custom authority must not take, use, keep or interfere with a cultural or natural resource of a protected area other than in a way that is consistent with Island custom.

Maximum penalty—165 penalty units.

46Controlling activity

(1)The chief executive may give a person a written permission to conduct a controlling activity in a protected area.

(2)The permission must state—

(a)how, where and when the activity may be conducted; and

(b)the conditions of the permission.

(3)Without limiting the conditions the chief executive may impose on the permission, the chief executive may impose conditions about any of the following matters—

(a)taking out public liability insurance for the activity;

(b)dealing with wildlife taken under the permission;

(c)reporting to the chief executive.

(4)A permission given under this section authorises the person to whom it is given to take, use, keep or interfere with the cultural or natural resources of the protected area stated on the permission, for conducting the controlling activity stated on the permission.

(5)In this section—

controlling activity means an activity the chief executive considers to be reasonable and necessary to significantly reduce the population of, or eradicate, wildlife that is not native wildlife.

47Fish, invertebrate animals or mud crabs in particular protected areas

(1)A person may take a permitted animal in a prescribed area.

(2)However, the taking is subject to the condition that the following animals must not be taken—

(a)an invertebrate animal other than for use as bait;

(b)a species of permitted animal that is a regulated fish under the Fisheries Act 1994;

(c)a species of permitted animal if the species is taken from a place where, or during a period when, the taking is prohibited under the Fisheries Act 1994;

(d)any species of the genus Euastacus (freshwater spiny crays) for use as bait.

(3)Also, the taking is subject to the condition that a permitted animal must not be taken in a way that is prohibited under the Fisheries Act 1994.

(4)A person must not take a permitted animal in a prescribed area, or a part of a prescribed area, if a regulatory notice prohibits the taking.

Maximum penalty—165 penalty units.

(5)In this section—

permitted animal means—

(a)a fish; or

(b)an invertebrate animal; or

(c)a mud crab (Scylla serrata).

prescribed area means—

(a)a part of a national park, stated in schedule 6, column 2, opposite the national park; or

(b)a conservation park; or

(c)a resources reserve.

s 47 amd 2014 SL No. 35s 43; 2016 SL No. 104 s 2 sch 1

48Prescribed forest reserves for temporary continuation of beekeeping—Act, s 184

(1)Each forest reserve and former forest reserve mentioned in schedule 5 is prescribed for section 184 of the Act.

(2)For subsection (1) and schedule 5, a reference to a former forest reserve in schedule 5 is a reference to the area that was dedicated as the forest reserve immediately before the area became dedicated as a national park or national park (recovery).

(3)Subsection (4) applies if an area that was formerly dedicated as a forest reserve—

(a)is dedicated as a national park; or

(b)was dedicated as a national park (recovery) that under section 197(1) of the Act continues as a national park.

(4)The chief executive must ensure a map that shows the part of the national park that was formerly dedicated as the forest reserve is available for inspection by the public, free of charge, at the department’s central office.

s 48 amd 2014 SL No. 35s 44

49Additional matters to be considered

In considering an application for an activity permit for a protected area, the chief executive must have regard to each of the following—

(a)the impact the activities that may be conducted under the authority may have on the character and amenity of the area and adjacent areas;

(b)the likely cumulative effect of the proposed use and other uses on the area;

(c)the orderly and proper management of the area.

Note—

See the Administration Regulation, section 25 for other matters the chief executive must have regard to when considering an application for an activity permit.

50Permit must be consistent with management principles and management intent or plan

The chief executive can not grant an activity permit for a protected area that is inconsistent with—

(a)the management principles for the area; or

(b)the interim or declared management intent, or management plan, for the area.

51Restriction on grant about insurance

(1)This section applies to an activity permit other than—

(a)a camping permit; or

(b)a permit to solicit donations or information.

(2)The chief executive may grant the activity permit to a person only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit.

(3)However, subsection (2) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities, including whether insurance is commonly available for the activities.

52Access to restricted area authorised under particular permits

(1)A prescribed activity permit that specifically states entry into a stated restricted access area is authorised, authorises the holder of the permit, or a relevant person for the holder, to enter or remain in the restricted access area.

(2)In this section—

prescribed activity permit means—

(a)a stock grazing permit; and

(b)a stock mustering permit; and

(c)a permit to enter a national park (scientific); and

(d)a commercial activity permit; and

(e)an organised event permit.

s 52 amd 2014 SL No. 35s 45; 2015 SL No. 110s 16; 2016 SL No. 104 s 2 sch 1

53Access to area closed to the public not authorised

(1)An activity permit does not authorise the holder of the permit, or a relevant person for the holder, to enter or remain in an area closed to the public.

(2)For subsection (1), a person camping under a camping permit, other than the holder of the permit, is taken to be a relevant person for the holder.

54Camping authorised under permit

(1)A camping permit authorises the holder of the permit to—

(a)camp in the protected area or the part of a protected area stated on the permit; and

(b)allow the number of persons stated on the permit to camp in the area or part.

(2)For applying subsection (1) to an e-camping permit—

(a)a reference to the protected area or the part of a protected area stated on the permit is taken to be a reference to the e-permit camping area for which the permit is taken to be granted; and

(b)a reference to the number of persons stated on the permit is taken to be a reference to the number stated by the holder of the permit in the application for the permit.

(3)For applying subsection (1) to a self-registered camping permit—

(a)a reference to the protected area or the part of a protected area stated on the permit is taken to be a reference to the self-registration camping area for which the permit is taken to be granted; and

(b)a reference to the number of persons stated on the permit is taken to be a reference to the lower of the following—

(i)the number stated on the camping form for the permit;

(ii)the number stated on the self-registration camping notice for the area as the maximum number of persons that may camp under a camping permit in the area.

55Entering restricted access area authorised under permit

A restricted access area permit authorises the holder of the permit, or a relevant person for the holder, to enter the restricted access area stated on the permit for the purpose stated on the permit.

56Restriction about protected areas for which permit may be granted

(1)The chief executive may grant a stock grazing permit only for—

(a)a conservation park; or

(aa)a resources reserve; or

(b)a special management area (controlled action).

(2)However, the chief executive may grant a stock grazing permit for a special management area (controlled action) only for a prescribed activity stated in the notice declaring the area under section 42A of the Act.

s 56 amd 2014 SL No. 35s 46; 2016 SL No. 104 s 2 sch 1

57Grazing stock in particular areas authorised under permit

A stock grazing permit authorises the holder of the permit, or a relevant person for the holder, to graze stock in the protected area, or the part of a protected area, stated on the permit.

58Mustering stock in particular areas authorised under permit

A stock mustering permit authorises the holder of the permit, or a relevant person for the holder, to muster stock in the protected area, or the part of a protected area, stated on the permit.

59Using particular animals or vehicles to muster stock authorised under particular permits

(1)This section applies if the chief executive has—

(a)written on a stock mustering permit that the holder of the permit may use a horse, a stated breed of dog or a stated type of vehicle for mustering stock under the permit; or

(b)given the holder of a stock mustering permit a notice stating the holder may use a horse, a stated breed of dog or a stated type of vehicle for mustering stock under the permit.

(2)The permit authorises the holder, or a relevant person for the holder, to use a horse, a dog of the stated breed or a vehicle of the stated type for mustering stock under the permit.

60Restriction about protected areas for which permit may be granted

The chief executive can not grant a travelling stock permit for a national park (scientific).

s 60 amd 2014 SL No. 35s 47; 2016 SL No. 104 s 2 sch 1

61Travelling stock within particular areas authorised under permit

A travelling stock permit authorises the holder of the permit, or a relevant person for the holder, to travel stock within the protected area, or the part of a protected area, stated on the permit.

pt hdg amd 2014 SL No. 35s 48; 2016 SL No. 104 s 2 sch 1

62Entering particular national parks authorised under permit

A permit to enter a national park (scientific) authorises the holder of the permit, or a relevant person for the holder, to enter the park stated on the permit for the purpose stated on the permit.

s 62 amd 2014 SL No. 35s 49; 2016 SL No. 104 s 2 sch 1

63Conducting particular activities in particular areas authorised under permit

A commercial activity permit authorises the holder of the permit, or a relevant person for the holder, to conduct the activity stated on the permit in the protected area, or the part of a protected area, stated on the permit.

64Keeping record for particular permits

(1)The holder of a commercial activity permit other than for filming or photography must keep a record complying with the Administration Regulation, section 121, for the permit.

Note—

For the requirements for records required to be kept under the Act, see the Administration Regulation, part 6.

Maximum penalty—120 penalty units.

(2)The holder complies with subsection (1) if a relevant person for the holder keeps the record for the holder.

65Giving return of operations for particular permits

(1)The holder of a commercial activity permit other than for filming or photography must give the chief executive a return of operations complying with the Administration Regulation, section 131.

Note—

For the requirements for returns of operations required to be given under the Act, see the Administration Regulation, part 7.

Maximum penalty—120 penalty units.

(2)After receiving the return, the chief executive must give the holder an invoice for any additional daily fee and any camping fee payable under the Administration Regulation, schedule 3 for the permit for the period to which the return relates.

(3)The invoice must state a period (the period for payment), of at least 7 days after the holder receives the invoice, within which the fees must be paid to the chief executive.

(4)The holder must also, within the period for payment, pay to the chief executive the fees payable under the Act for the period to which the return relates.

Maximum penalty—120 penalty units.

(5)The holder complies with subsections (1) and (4) if a relevant person for the holder complies with the subsections for the holder.

s 65 amd 2009 SL No. 15s 6; 2012 SL No. 124s 11

66Soliciting donations or information in particular areas authorised under permit

A permit to solicit donations or information authorises the holder of the permit, or a relevant person for the holder, to—

(a)if the permit states the holder or person may solicit donations under the permit—solicit donations in the protected area, or the part of a protected area, stated on the permit for the purpose stated on the permit; or

(b)if the permit states the holder or person may solicit information under the permit—solicit information in the protected area, or the part of a protected area, stated on the permit for the purpose stated on the permit.

pt hdg amd 2015 SL No. 110s 17

67Conducting particular activities in particular areas authorised under permit

An organised event permit authorises the holder of the permit, or a relevant person for the holder, to conduct the activity stated on the permit in the protected area, or the part of a protected area, stated on the permit.

s 67 amd 2015 SL No. 110s 18

68Using particular recreational craft in particular areas authorised under permit

A permit to use recreational craft authorises the holder of the permit, or a relevant person for the holder, to use the recreational craft stated on the permit in the protected area, or the part of a protected area, stated on the permit.

69Conducting particular activities in particular areas authorised under permit

A special activity permit authorises the holder of the permit, or a relevant person for the holder, to conduct the activity stated on the permit in the protected area, or the part of a protected area, stated on the permit.

pt hdg (prev pt 1A hdg) ins 2014 SL No. 223s 22

renum 2014 SL No. 223s 23

69ADefinition for ch 5

In this chapter—

Aboriginal land protected area means—

(a)a national park (Cape York Peninsula Aboriginal land); or

(b)an indigenous joint management area.

s 69A ins 2014 SL No. 223s 22

pt hdg (prev pt 1 hdg) renum 2014 SL No. 223s 23

70Requirements for regulatory notices

(1)This section applies for an activity that—

(a)relates to a public health and safety act; or

(b)under this regulation may be authorised, regulated or prohibited by a regulatory notice.

(2)The chief executive may erect or display a notice (a regulatory notice) at the entrance of a protected area or a part of a protected area to which the notice applies.

(3)However, if section 70A or 70B (each a notice consultation provision) applies, the chief executive may act under subsection (2) only if the chief executive complies with the consultation requirements mentioned in the relevant notice consultation provision.

(4)The notice must—

(a)be easily visible to passers-by; and

(b)identify the limits of the area to which the notice applies; and

(c)state the activity to which it applies and how the activity is authorised, regulated or prohibited.

(5)The notice may expressly state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence.

s 70 amd 2014 SL No. 223s 24

70AParticular regulatory notices for Aboriginal land protected areas

(1)This section applies if the chief executive proposes to erect or display a regulatory notice that is—

(a)for an activity mentioned in section 70(1)(b); and

(b)at the entrance to an Aboriginal land protected area or a part of an Aboriginal land protected area.

(2)The chief executive must comply with the consultation requirements under the indigenous management agreement for the area.

(3)In this section—

consultation requirement, under an indigenous management agreement for an Aboriginal land protected area, means a requirement under the agreement for the chief executive or department to do any of the following—

(a)give the indigenous landholder for the area a notice about the proposed erecting or display of a regulatory notice;

(b)allow the landholder to respond to the notice;

(c)consider the landholder’s response, if any;

(d)seek the landholder’s consent for the erecting or display of the notice;

(e)obtain the landholder’s consent for the erecting or display of the notice.

s 70A ins 2014 SL No. 223s 25

70BParticular regulatory notices for particular protected areas to which indigenous land use agreements apply

(1)This section applies if—

(a)the chief executive proposes to erect or display a regulatory notice that is—

(i)for an activity mentioned in section 70(1)(b); and

(ii)at the entrance to a protected area, or a part of a protected area, other than an Aboriginal land protected area, in the Cape York Peninsula Region; and

(b)there is an indigenous land use agreement for the area; and

(c)there is no indigenous management agreement for the area.

(2)The chief executive must comply with the consultation requirements, if any, under the indigenous land use agreement.

(3)In this section—

consultation requirement, under an indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following—

(a)give a person a notice about the proposed erecting or display of a regulatory notice;

(b)allow the person to respond to the notice;

(c)consider the person’s response, if any;

(d)seek the person’s consent for the erecting or display of the notice;

(e)obtain the person’s consent for the erecting or display of the notice.

s 70B ins 2014 SL No. 223s 25

71Regulatory information notice

(1)This section applies if a regulatory notice for a protected area or a part of a protected area does not expressly state that a requirement of the notice is an offence against the Act and the penalty for the offence.

(2)The chief executive must erect or display, at the entrance to the area or part and other places the chief executive considers appropriate, a notice (a regulatory information notice) expressly stating—

(a)that a contravention of the requirement of the regulatory notice is an offence against the Act; and

(b)the penalty for the offence.

(3)The regulatory information notice must be easily visible to passers-by.

(4)The regulatory information notice may contain other information about the protected area the chief executive considers appropriate.

72Erection of regulatory notice or regulatory information notice is evidence of particular matters

Evidence that a regulatory notice or a regulatory information notice was erected or displayed at the entrance of a protected area, or a part of a protected area, is evidence the notice was erected or displayed by the chief executive.

pt hdg (prev pt 2 hdg) renum 2014 SL No. 223s 23

73Declaration of restricted access area

(1)The chief executive may declare all or part of a protected area to be a restricted access area by erecting or displaying a notice (a restricted access area notice) at the entrance of the protected area or part.

(2)However, the chief executive may act under subsection (1)—

(a)only for a reason mentioned in section 74; and

(b)if section 75 applies—only after the consultation process mentioned in section 75 has been completed; and

(c)if section 75A or 75B (each a declaration consultation provision) applies—only if the chief executive complies with the consultation requirements mentioned in the relevant declaration consultation provision.

(3)The restricted access area notice must—

(a)be easily visible to passers-by; and

(b)identify the limits of the area to which the notice applies; and

(c)state how access to the area is restricted or prohibited; and

(d)state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence.

(4)When the notice is erected or displayed, the chief executive—

(a)must publish a copy of the notice on the department’s website; and

(b)may publish the notice in other ways the chief executive considers appropriate.

(5)If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must remove the restricted access area notice as soon as practicable.

s 73 amd 2014 SL No. 223s 26

74Reasons for declaring restricted access area

(1)The chief executive may declare a protected area or a part of a protected area to be a restricted access area only if the chief executive reasonably believes the declaration is necessary or desirable—

(a)to secure the safety of a person or a person’s property; or

(b)because of a fire or other natural disaster; or

(c)to conserve or protect the cultural or natural resources of the area or native wildlife, including, for example—

(i)to protect significant cultural or natural resources of the area; or

(ii)to enable the restoration or rehabilitation of the area or part; or

(iii)to protect a breeding area for native wildlife; or

(iv)to manage a significant Aboriginal area in the area in a way that is consistent with Aboriginal tradition; or

(v)to manage a significant Torres Strait Islander area in the area in a way that is consistent with Island custom; or

(d)to protect a facility or service in the area, including, for example, infrastructure, a water supply facility or power generating equipment; or

(e)to protect the character and amenity of the area or an adjacent area; or

(f)for the orderly or proper management of the area.

(2)In this section—

significant Aboriginal area see the Aboriginal Cultural Heritage Act 2003, section 9.

significant Torres Strait Islander area see the Torres Strait Islander Cultural Heritage Act 2003, section 9.

75Consultation with stakeholders about declarations

(1)This section applies if the nature or extent of activities being conducted, or to be conducted, under an organised event permit, commercial activity permit or commercial activity agreement would be significantly affected by the making of a declaration under section 73.

(2)However, this section does not apply if the declaration is to be made—

(a)to secure the safety of a person or a person’s property; or

(b)because of a fire or other natural disaster; or

(c)to conserve or protect the cultural or natural resources of a protected area or native wildlife.

(3)The chief executive must give the holder of the permit, or the other party to the agreement, a notice stating the following—

(a)consideration is being given to the making of a declaration under section 73;

(b)if the chief executive is also proposing to do a restrictive act for the permit or agreement for the proposed declaration—the restrictive act;

(c)that the holder or other party is invited to make written submissions in relation to the proposed declaration or restrictive act.

(4)The submissions must be made to the chief executive—

(a)at an address stated in the notice; and

(b)within the period, of at least 20 business days, stated in the notice.

(5)The chief executive must consider all submissions received in response to the notice.

s 75 amd 2015 SL No. 110s 16

75ADeclarations for Aboriginal land protected areas

(1)This section applies if the chief executive proposes to declare all or part of an Aboriginal land protected area to be a restricted access area under section 73(1).

(2)The chief executive must comply with the consultation requirements under the indigenous management agreement for the protected area.

(3)In this section—

consultation requirement, under an indigenous management agreement for an Aboriginal land protected area, means a requirement under the agreement for the chief executive or department to do any of the following—

(a)give the indigenous landholder for the area a notice about a declaration under section 73(1);

(b)allow the landholder to respond to the notice;

(c)consider the landholder’s response, if any;

(d)seek the landholder’s consent for the declaration;

(e)obtain the landholder’s consent for the declaration.

s 75A ins 2014 SL No. 223s 27

75BDeclarations for particular protected areas to which indigenous land use agreements apply

(1)This section applies if—

(a)the chief executive proposes to declare all or part of a protected area, other than an Aboriginal land protected area, to be a restricted access area under section 73(1); and

(b)the protected area is in the Cape York Peninsula Region; and

(c)there is an indigenous land use agreement for the protected area; and

(d)there is no indigenous management agreement for the protected area.

(2)The chief executive must comply with the consultation requirements, if any, under the indigenous land use agreement.

(3)In this section—

consultation requirement, under an indigenous land use agreement for a protected area, means a requirement under the agreement for the chief executive or department to do any of the following—

(a)give a person a notice about a proposed declaration under section 73(1);

(b)allow the person to respond to the notice;

(c)consider the person’s response, if any;

(d)seek the person’s consent for the declaration;

(e)obtain a person’s consent for the declaration.

s 75B ins 2014 SL No. 223s 27

76When declarations end

(1)A declaration made under section 73 ends on the day the chief executive removes the restricted access area notice for the area.

(2)When a restricted access area notice for a restricted access area is removed, the chief executive must—

(a)remove the copy of the notice on the department’s website; and

(b)publish notice of the removal in the same way the chief executive published the notice under section 73(4).

pt hdg (prev pt 3 hdg) renum 2014 SL No. 223s 23

77Declaration of prescribed commercial activity

(1)The chief executive may, by public notice, declare a commercial activity to be a prescribed commercial activity for a protected area or a part of a protected area.

(2)The notice must state the following—

(a)that the stated commercial activity is a prescribed commercial activity for the stated protected area or the stated part of a protected area;

(b)that, under section 96(2), a person may conduct the prescribed commercial activity in the area or part only under a commercial activity agreement;

(c)how the person may obtain further information about entering into a commercial activity agreement for the conducting of the prescribed commercial activity in the area or part.

(3)The chief executive must also publish the notice on the department’s website.

(4)In deciding whether to make the declaration, the chief executive must have regard to the following—

(a)the object of the Act, including, in particular the conservation of the cultural and natural resources of the area or part;

(b)the management principles for the area;

(c)the interim or declared management intent, or management plan, for the area or part;

(d)the orderly and proper management of the area or part;

(e)the existing use and amenity, and the future or desirable use and amenity, of the area or part, and areas adjacent to the area or part, including the likely cumulative effect of the proposed use and other uses on the area;

(f)the likely contributions that potential parties to commercial activity agreements applying to the area or part will make to the management of the area or part, including, for example, contributions to the conservation and presentation of the values of the area or part.

s 77 amd 2011 SL No. 196s 3

pt hdg (prev pt 4 hdg) renum 2014 SL No. 223s 23

78Declaration of special activity

(1)The chief executive may declare an activity to be a special activity for all or part of a protected area by erecting or displaying a notice (a special activity notice) at the entrance of the protected area or part.

(2)However, the chief executive may act under subsection (1)—

(a)only for an activity mentioned in section 79; and

(b)if section 80 applies—only after the consultation process mentioned in section 80 has been completed.

(3)The special activity notice must—

(a)be easily visible to passers-by; and

(b)identify the limits of the area to which the notice applies; and

(c)state the activity that is a special activity for the area; and

(d)state that, under section 100, a person may conduct the special activity in the area or part only under—

(i)a special activity permit; or

(ii)an organised event permit, commercial activity permit or commercial activity agreement that specifically authorises the conducting of the activity.

s 78 amd 2015 SL No. 110s 16

79Activities that may be special activities

The chief executive may declare only 1 or more of the following activities to be a special activity for all or part of a protected area—

(a)an activity that will, or is reasonably likely to, have an unusual or significant impact on the cultural or natural resources of the area or part;

(b)an activity for which special training or supervision is needed before a person can safely engage in the activity;

(c)an activity that will, or is reasonably likely to, involve a risk to the public.

Examples of activities that may be declared as special activities—

rock climbing, white water rafting

80Consultation with stakeholders about declarations

(1)This section applies if the nature or extent of activities being conducted, or to be conducted, under an organised event permit, commercial activity permit or commercial activity agreement would be significantly affected by the making of a declaration under section 78.

(2)However, this section does not apply if—

(a)the activity is declared to be a special activity for the area or part for the protection of wildlife or individuals from potential danger; and

(b)it is not practicable for the chief executive to delay the declaration for the reason of complying with this section.

(3)The chief executive must give the holder of the permit, or the other party to the agreement, a notice stating the following—

(a)consideration is being given to the making of a declaration under section 78;

(b)if the chief executive is also proposing to do a restrictive act for the permit or agreement—the restrictive act;

(c)that the holder or other party is invited to make written submissions in relation to the proposed declaration or restrictive act.

(4)The submissions must be made to the chief executive—

(a)at an address stated in the notice; and

(b)within the period, of at least 20 business days, stated in the notice.

(5)The chief executive must consider all written submissions received in response to the notice.

s 80 amd 2015 SL No. 110s 16

pt hdg (prev pt 5 hdg) renum 2014 SL No. 223s 23

81Declaration of area closed to the public

(1)The chief executive may declare a protected area or a part of a protected area to be closed to the public for a period by erecting or displaying a regulatory notice at the entrance of the protected area or part.

(2)However, the chief executive may declare the protected area or part as closed to the public only if the chief executive reasonably believes the declaration is necessary or desirable for public health or safety.

82Unlawful camping

(1)A person must not camp in a protected area, or a part of a protected area, unless—

(a)the person is camping under a camping permit for the area or part; or

(b)the person—

(i)is conducting activities under another protected area authority that applies to the area or part; and

(ii)has written approval from the chief executive to camp in the area or part, or is accompanying a person who has the approval.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a person camping under a commercial activity permit, or a commercial activity agreement, that specifically authorises the camping.

(3)For subsection (1)(a), a person other than the holder of a camping permit is taken to be camping under the permit only if the number of persons accompanying the holder does not exceed the number of persons authorised to camp under the permit.

(4)A person must not camp in a protected area contrary to a regulatory notice.

Maximum penalty for subsection (4)—80 penalty units.

83Compliance with conditions of camping permit

A person camping under a camping permit must comply with the conditions of the permit.

Maximum penalty—10 penalty units.

Notes—

1For the conditions of an e-camping permit, see the Administration Regulation, section 43(2).

2For the conditions of a self-registered camping permit, see the Administration Regulation, section 45(2).

84Requirement about number of persons who may camp under permit or approval

(1)The holder of a camping permit, or the chief executive’s written approval allowing camping in a protected area, must not allow more people to camp under the permit or approval than the number stated on the permit or approval.

Maximum penalty—20 penalty units.

(2)For applying subsection (1) to an e-camping permit or self-registered camping permit, a reference to the number of persons stated on the permit is taken to be a reference to—

(a)for an e-camping permit—the number stated by the holder of the permit in the application for the permit; or

(b)for a self-registered camping permit—the lower of the following—

(i)the number stated on the camping form for the permit;

(ii)the number stated on the self-registration camping notice for the area as the maximum number of persons that may camp under a camping permit in the area.

85Display of camping tags

(1)A person camping under a camping permit must, immediately after the person makes camp, display in the prescribed way, the camping tag for the permit.

Maximum penalty—2 penalty units.

(2)The person must take reasonable steps to ensure the camping tag remains displayed at the place where the person is camping while the person is camping under the permit.

Maximum penalty—2 penalty units.

(3)In this section—

prescribed way, for displaying a camping tag for a camping permit, means to display the tag by attaching it, in a conspicuous position, to—

(a)a tent, caravan or another structure being used for camping under the permit; or

(b)if no tent, caravan or structure is being used for camping under the permit—a vehicle or equipment being used for camping under the permit.

s 85 amd 2009 SL No. 15s 7

86Complying with direction to leave camping site for protection, safety or minimising disturbance

(1)A conservation officer may give a person camping in a part of a protected area (the camping site) an oral or written direction requiring the person, and each other person camping with the person, to immediately—

(a)leave the camping site; and

(b)remove all of the person’s possessions and the equipment or other things being used for camping from the site.

(2)However, the officer may give the direction only if the officer reasonably believes it is necessary for the person, and the other persons camping with the person, to leave the site to—

(a)protect cultural or natural resources in the protected area; or

(b)secure the safety of a person or a person’s property; or

(c)minimise disturbance to persons in the protected area.

(3)In giving the direction the conservation officer must—

(a)advise the reason why the direction has been given; and

(b)warn the person to whom it is given, and the other persons camping with the person, that it is an offence to fail to comply with the direction unless the person has a reasonable excuse.

(4)The conservation officer’s failure to comply with subsection (3) does not affect the validity of the direction.

(5)A person to whom a direction is given under subsection (1), and each other person camping with the person, must, unless the person has a reasonable excuse, comply with the direction.

Maximum penalty for subsection (5)—50 penalty units.

87Complying with direction to leave camping site for person camping at same site for long periods

(1)A conservation officer may give a person camping in a part of a protected area (the camping site) a written direction stating the person, and each person camping with the person, must—

(a)leave the camping site; and

(b)remove all of the person’s possessions and the equipment or other things being used for camping from the site; and

(c)not return to the site for a stated period.

(2)However, the officer may give the direction only if—

(a)the officer reasonably believes—

(i)the same, or predominantly the same, equipment or other things used for camping have occupied the site for 30 days or more and it is necessary or desirable to allow the site to be used by another person who is authorised under the Act to camp at the site; or

(ii)the natural condition of the site has been, or is being, degraded by the presence of the equipment or other things being used for camping at the site; or

(iii)it is necessary for the person to leave the site for health or safety reasons; and

(b)another part of the protected area is available for the person to use for camping.

(3)The direction must—

(a)state the reason why the direction has been given; and

(b)include a warning that it is an offence to fail to comply with the direction.

(4)The conservation officer’s failure to comply with subsection (3) does not affect the validity of the direction.

(5)A person to whom a direction is given under subsection (1), and each person camping with the person, must comply with the direction.

Maximum penalty for subsection (5)—50 penalty units.

88Unlawfully entering restricted access area

(1)A person must not enter or remain in a restricted access area unless the person—

(a)enters the area under a restricted access area permit authorising the entry; or

(b)enters the area under a prescribed authority that specifically authorises the entry; or

(c)enters the area under a written approval from the chief executive; or

(d)has a reasonable excuse.

Maximum penalty—80 penalty units.

(2)In this section—

prescribed authority means—

(a)a resources permit; and

(b)an apiary permit; and

(c)an Aboriginal tradition authority; and

(d)an Island custom authority; and

(e)a stock grazing permit; and

(f)a stock mustering permit; and

(g)a permit to enter a national park (scientific); and

(h)a commercial activity permit; and

(i)an organised event permit; and

(j)a commercial activity agreement.

s 88 amd 2014 SL No. 35s 50; 2015 SL No. 110s 16; 2016 SL No. 104 s 2 sch 1

89Unlawfully grazing stock

A person must not graze stock in a protected area unless the person grazes the stock under—

(a)a stock grazing permit authorising the grazing; or

(b)an authority granted under section 36 of the Act that authorises the grazing; or

(c)another Act.

Maximum penalty—165 penalty units.

90Unlawfully grazing other animals

A person must not graze animals other than stock in a protected area unless the person grazes the animals under an authority granted under section 36 of the Act that authorises the grazing.

Maximum penalty—165 penalty units.

91Unlawfully mustering stock

(1)A person must not muster stock in a protected area unless the person musters the stock—

(a)under a stock mustering permit authorising the mustering; or

(b)on a part of a protected area on which the person may lawfully graze the stock under an Act.

Maximum penalty—120 penalty units.

(2)Subsection (1) does not apply to the chief executive conducting a general muster under section 145.

(3)Subsection (4) applies if a stock mustering permit states the holder of the permit may use a horse or stated breed of dog to muster stock under the permit.

(4)If the holder, or a relevant person for the holder, of the permit brings a horse or dog into a protected area under the permit, the holder or relevant person must restrain the horse or dog when the holder or relevant person is not using the horse or dog to muster stock.

Maximum penalty for subsection (4)—120 penalty units.

92Unlawfully travelling stock

A person must not travel stock in a protected area unless—

(a)the person travels the stock—

(i)under a travelling stock permit authorising the travelling; or

(ii)to or from land in a protected area on which the person may lawfully graze the stock under an Act; or

(b)the person has otherwise lawfully brought the stock into the protected area under the Act.

Maximum penalty—120 penalty units.

93Unlawfully travelling other animals

A person must not travel animals other than stock in a protected area unless—

(a)the person is travelling a horse or dog under a stock mustering permit authorising the use of the horse or dog for mustering stock under the permit; or

(b)the person has otherwise lawfully brought the animal into the protected area under the Act.

Maximum penalty—120 penalty units.

94Allowing stock to stray onto protected area

A person in charge of stock on land adjoining or near a protected area must take all reasonable steps to ensure the stock does not stray onto the protected area.

Maximum penalty—165 penalty units.

95Unlawfully entering national park (scientific)

A person must not enter or remain in a national park (scientific) unless the person enters the area under a permit to enter a national park (scientific) authorising the entry.

Maximum penalty—165 penalty units.

s 95 amd 2014 SL No. 35s 51; 2016 SL No. 104 s 2 sch 1

96Unlawfully conducting commercial activity

(1)A person must not, in a protected area, or a part of a protected area, conduct a commercial activity unless the person is authorised to conduct the activity under—

(a)a commercial activity permit; or

(b)a commercial activity agreement.

Maximum penalty—165 penalty units.

(2)If a commercial activity is a prescribed commercial activity for a protected area or a part of a protected area, a person must not conduct the activity in the area or part except under—

(a)a commercial activity agreement; or

(b)a commercial activity permit that is in force when the prescribed commercial activity is declared under section 77 and is still in force.

Maximum penalty—165 penalty units.

97Compliance with conservation conditions

(1)A person acting under a commercial activity agreement must comply with each conservation condition of the agreement.

Maximum penalty—80 penalty units.

(2)In this section—

conservation condition, of a commercial activity agreement, see the Administration Regulation, section 72.

98Unlawfully soliciting donations or information

(1)A person must not solicit donations or information in a protected area, or part of a protected area, unless the person solicits the donations or information under a permit to solicit donations or information authorising the solicitation.

Maximum penalty—20 penalty units.

(2)The holder of a permit to solicit donations or information for a protected area, or part of a protected area, must not solicit donations or information in a way that causes a disturbance to other persons in the area or part.

Maximum penalty—20 penalty units.

99Unlawfully conducting organised event

(1)A person must not conduct an organised event in a protected area, or a part of a protected area, unless the person conducts the activity—

(a)under an organised event permit authorising the conducting of the activity; or

(b)under a commercial activity permit or commercial activity agreement that specifically authorises the conducting of the activity.

Maximum penalty—50 penalty units.

(2)If section 145(3) of the Administration Regulation requires the holder of an organised event permit to pay an additional daily fee, the holder must comply with the requirement.

Maximum penalty—120 penalty units.

s 99 amd 2007 SL No. 61s 22; 2015 SL No. 110s 19

100Unlawfully conducting special activity

A person must not conduct a special activity for a protected area, or a part of a protected area, in the area or part unless the person conducts the activity—

(a)under a special activity permit authorising the conducting of the activity; or

(b)under an organised event permit, commercial activity permit or commercial activity agreement that specifically authorises the conducting of the activity.

Maximum penalty—80 penalty units.

s 100 amd 2015 SL No. 110s 16

101Unlawfully entering area closed to the public

A person must not, without the chief executive’s written approval or a reasonable excuse, enter an area closed to the public.

Maximum penalty—120 penalty units.

102Failing to comply with particular regulatory notices

A person in a protected area must comply with a regulatory notice regulating or prohibiting a health and safety act, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

103Unlawful lighting of fires

(1)A person must not light a fire, or a type of fire, in a protected area, or a part of a protected area, if lighting a fire, or the type of fire, is prohibited, in the area or part, by—

(a)a regulatory notice; or

(b)a condition of a permit held by the person; or

(c)a condition of a commercial activity agreement to which the person is a party; or

(d)another authority held by the person.

Examples of types of fires—

•a fire using a material other than sawn timber

•a fire using a material other than timber provided in the protected area for making fires

Maximum penalty—165 penalty units.

(2)A person must not light, keep or use a fire in a place, in a protected area, other than—

(a)a barbecue or fireplace provided by the chief executive; or

(b)if a barbecue or fireplace is not provided—a place that is more than 2m from flammable material.

Maximum penalty—165 penalty units.

(3)This section does not apply to—

(a)a person lighting a fire with the written approval of the chief executive; or

(b)a person lighting or using a specified cooking or heating appliance or lighting or smoking a smoking product if the person takes reasonable steps to ensure the lighting, using or smoking does not result in damage to—

(i)a cultural or natural resource of the protected area; or

(ii)property, other than property owned by the person, in the protected area.

(4)In this section—

smoking product has the meaning given by the Tobacco and Other Smoking Products Act 1998, schedule, definition smoking product, paragraph (b).

104Unattended fires

(1)A person who lights or assumes control of a fire in a protected area must put the fire out before leaving the fire.

Maximum penalty—165 penalty units.

(2)Subsection (1) does not apply if another person assumes control of the fire before the person mentioned in subsection (1) leaves the fire.

105Unauthorised things relating to fires

(1)A person must not deposit any of the following in a protected area—

(a)a lit match, pipe, cigar, cigarette or tobacco;

(b)hot ashes;

(c)a burning or smouldering substance;

(d)a substance or device that ignites on impact or by spontaneous combustion.

Maximum penalty—165 penalty units.

(2)Subsection (1) does not apply to a person depositing a thing mentioned in subsection (1) for—

(a)lighting or using a specified cooking or heating appliance; or

(b)lighting a barbecue or fireplace provided by the chief executive; or

(c)if a barbecue or fireplace is not provided by the chief executive for the area—lighting a fire in a place that is more than 2m from flammable material.

(3)A person must not deposit non-combustible material in a fire in a protected area.

Example of non-combustible material—

can, bottle, brick, piece of steel

Maximum penalty for subsection (3)—50 penalty units.

106Conservation officer’s powers in relation to fires

(1)If a conservation officer reasonably believes a fire in a protected area is, or may become, a hazard to the area, a person or the property of a person, the officer may—

(a)give the person apparently in charge of the fire an oral or written direction to put the fire out or lower its intensity to a reasonable level; or

(b)put out the fire.

Example of basis for reasonable belief—

A prevailing strong wind appears likely to carry wind-borne embers away from the fire.

(2)The person must comply with the direction.

Maximum penalty for subsection (2)—165 penalty units.

s 106 amd 2009 SL No. 15s 8

107Unauthorised structures and works

A person must not erect or keep a structure, other than a camping structure being used under a camping permit, or carry out works in a protected area—

(a)without the chief executive’s written approval; or

(b)in contravention of the approval.

Maximum penalty—165 penalty units.

108Complying with direction to remove unauthorised structures or works

(1)This section applies to a structure or works in a protected area in contravention of section 107 if the name of the person who erected the structure or works is known by the chief executive or a conservation officer.

(2)A conservation officer may give the person a written direction to—

(a)remove the structure or works, and anything in the structure, and restore the place from which it is removed as nearly as practicable to its former state; or

(b)if the works can not be removed—stabilise or rehabilitate the works, or the place where the works are located.

Example for subsection (2)(b)—

A person who has, without the chief executive’s approval, constructed a walking track in a protected area may be given a direction to rehabilitate the part of the area in which the track is constructed.

(3)The person must, unless the person has a reasonable excuse, comply with the direction.

Maximum penalty—

(a)for a direction given under subsection (2)(a)—80 penalty units; or

(b)for a direction given under subsection (2)(b)—165 penalty units.

(4)It is not a reasonable excuse for subsection (3) that the person is required to, and does not, hold a licence, permit or other authority under an Act to remove the structure or works, or stabilise or rehabilitate the works, unless—

(a)the person has made a reasonable attempt at obtaining the licence, permit or authority; and

(b)has been unsuccessful in obtaining the licence, permit or authority.

109Unauthorised use of recreational craft generally

A person must not use or operate a recreational craft in a protected area or a part of a protected area unless the person is using or operating the craft under a permit to use recreational craft authorising the use.

Maximum penalty—80 penalty units.

110Unauthorised flying of aircraft or recreational craft

(1)A person must not fly an aircraft or recreational craft of a type stated in schedule 7, column 2, over a protected area, or the part of a protected area, stated opposite the aircraft or craft in schedule 7, column 1 at a height less than the minimum height stated opposite the aircraft or craft in schedule 7, column 3.

Maximum penalty—120 penalty units.

(2)This section does not apply to a person flying aircraft or recreational craft over a protected area, or a part of a protected area, if the flying is authorised by the chief executive’s written approval.

111Unauthorised landing of aircraft or recreational craft

(1)A person must not land an aircraft or recreational craft in a protected area, unless the landing—

(a)is on a designated landing area; or

(b)has been authorised in writing by the chief executive; or

(c)is part of an emergency response.

Examples of aircraft landings that are part of an emergency response—

•the landing of an aircraft involved in a medivac

•the landing of a fire-fighting helicopter

Maximum penalty—120 penalty units.

(2)In this section—

designated landing area, for an aircraft or recreational craft, or a type of aircraft of recreational craft, means the area—

(a)designated by the chief executive as an appropriate landing area for the aircraft, recreational craft or type; and

(b)details of which are published on the department’s website.

s 111 amd 2007 SL No. 61s 23

112Traffic control for vehicles, boats and recreational craft

(1)The chief executive may erect a sign or place a marking, at a place in a protected area, regulating the use of a vehicle, boat or recreational craft, or a type of vehicle, boat or recreational craft, in the place, including, for example—

(a)by imposing a speed limit; or

(b)by marking a pedestrian crossing; or

(c)stating a part of a place where the use, or a particular use, of the vehicle, boat or recreational craft, or type of vehicle, boat or recreational craft, is prohibited or restricted; or

(d)stating a part of a place where—

(i)only authorised persons may use a vehicle, boat or recreational craft; or

(ii)only an authorised vehicle, boat or recreational craft may be used.

(2)An official traffic sign erected in a protected area under the Transport Operations (Road Use Management) Act 1995 is taken to be a sign erected under subsection (1).

(3)A person in control of a vehicle, boat or recreational craft in the protected area must comply with the sign or marking.

Maximum penalty—20 penalty units.

(4)For subsection (3), if the sign is an official traffic sign, a person complies with the subsection only if the person complies with the indication given by the sign.

(5)An authorised person using a vehicle in a place where, because of a sign erected under subsection (1), only authorised persons may use vehicles must comply with the authorisation.

Maximum penalty—20 penalty units.

(6)A person in control of an authorised vehicle in a place where, because of a sign erected under subsection (1), only authorised vehicles may be used must comply with the authorisation.

Maximum penalty—20 penalty units.

(7)In this section—

authorised means authorised in writing by the chief executive.

indication see the Transport Operations (Road Use Management) Act 1995, schedule 4.

official traffic sign see the Transport Operations (Road Use Management) Act 1995, schedule 4.

113Licensing requirement for vehicles and boats

(1)A person must not, in a protected area, drive or ride a vehicle or boat for which the person is required, under an Act, to hold a licence to drive or ride the vehicle or boat unless the person holds the licence.

Maximum penalty—20 penalty units.

(2)If asked by a conservation officer, the person must, unless the person has a reasonable excuse, produce the licence for inspection by the officer.

Maximum penalty—20 penalty units.

114Registration requirement for vehicles

(1)A person must not, in a protected area, drive or ride a vehicle that is required, under an Act, to be registered for use on a road if it is not registered under the relevant law for the vehicle.

Maximum penalty—20 penalty units.

(2)In this section—

relevant law, for a vehicle that is required, under an Act (the Registration Act), to be registered for use on a road, means—

(a)the Registration Act; or

(b)a law of another State that corresponds to the Registration Act.

115Approval requirement for conditionally registered vehicles

(1)A person must not, in a protected area, drive or ride a vehicle that is conditionally registered under the Transport Operations (Road Use Management) Act 1995 unless the person has the chief executive’s written approval.

Maximum penalty—20 penalty units.

(2)The chief executive may give an approval under subsection (1) only if the vehicle is to be used—

(a)for a commercial purpose authorised under a licence, permit or other authority or a commercial activity agreement; or

Examples of using vehicles for a commercial purpose—

•using a vehicle to conduct a commercial activity under a commercial activity permit or commercial activity agreement

•using a vehicle to muster stock under a stock mustering permit

(b)to provide a service to users of the area; or

Examples of using a vehicle for providing services to users of a protected area—

•using a vehicle to provide a mechanical or vehicle towing service to a visitor in a national park

•using a vehicle for carrying out maintenance on a privately owned facility in a national park

(c)by a person conducting an activity under an organised event permit; or

(d)by a person the chief executive reasonably believes is suffering from a condition that—

(i)is not temporary; and

(ii)significantly restricts the person’s mobility; or

(e)for the management of the area; or

Example of using a vehicle for the management of a protected area—

using a vehicle for carrying out works, spraying weeds or controlling animals for the chief executive

(f)to carry out an emergency or rescue activity; or

(g)to enforce a law of the State; or

(h)by a person for the sole purpose of going directly through the area to or from a parcel of land outside the area if—

(i)the person owns or occupies the land or is authorised by the owner or occupier of the land to enter the land; and

(ii)the chief executive considers the most direct and reasonable route to or from the land is through the area.

Example—

A person would be using a vehicle for the sole purpose of going directly through a protected area if the person were using the vehicle only to go through the area and not for another purpose, such as recreation, during the journey.

(3)However, the chief executive must not give an approval for the use of a vehicle in a protected area under subsection (2)(a) to (d) or (h) if the chief executive considers the use of the vehicle would be likely to—

(a)damage a cultural resource in the area; or

(b)have a significant adverse effect on a natural resource in the area; or

(c)pose a serious risk to the health or safety of the public.

(4)For subsection (2)(d), the chief executive may ask a person to provide a medical certificate to verify the nature of the person’s condition.

s 115 amd 2009 SL No. 127s 3; 2015 SL No. 110s 16

116Safe use of vehicles—compliance with transport legislation

(1)A person driving or riding a motor vehicle that is moving, or is stationary but not parked, in a protected area must comply with the Queensland Road Rules, sections 264, 266, 270(1) and 271(4) and (5).

Maximum penalty—20 penalty units.

(1A)The driver of a motor vehicle (except a booked hire vehicle, bus or taxi) that is moving, or that is stationary but not parked, in a protected area must comply with the Queensland Road Rules, section 265(3).

Maximum penalty—20 penalty units.

(2)A passenger in or on a motor vehicle that is moving, or is stationary but not parked, in a protected area must comply with the Queensland Road Rules, sections 265(1) and 270(2).

Maximum penalty—20 penalty units.

(3)A person in a protected area must not drive, ride or travel in a vehicle in a way that would constitute an offence against—

(a)the Transport Operations (Road Use Management) Act 1995, section 83 or 84; or

(b)the Queensland Road Rules, section 268.

Maximum penalty—20 penalty units.

(4)A person can not be charged with an offence against subsection (1), (1A), (2) or (3) if the person has been charged with an offence against the relevant provision of the Queensland Road Rules or Transport Operations (Road Use Management) Act 1995 mentioned in the subsection.

(5)Each of the following terms used in this section have the meaning they have under the Queensland Road Rules—

•booked hire vehicle

•bus

•taxi

s 116 amd 2009 SL No. 194 s 362 sch 6; 2016 SL No. 161 s 4

117Safe use of vehicles—other requirements

(1)A person in a protected area must not ride or travel in or on something being towed by a moving motor vehicle.

Maximum penalty—20 penalty units.

(2)A person in a protected area must not carry a passenger, or travel as a passenger, on a motorised quad or motorised trike other than on a seat designed to carry a passenger.

Maximum penalty—20 penalty units.

(3)A person in a protected area must not ride a bicycle without wearing a helmet.

Maximum penalty—20 penalty units.

(4)A person in a protected area must not ride a motorised quad or motorised trike without wearing a helmet.

Maximum penalty—20 penalty units.

(5)In this section—

motorised quad means a motorised quad that is not a motorbike within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4.

motorised trike means a motorised trike that is not a motorbike within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4.

118Safe use of boats and recreational craft

A person must not, in a protected area—

(a)operate a boat in a way that causes or may cause the boat to swerve, veer or turn violently; or

(b)operate a boat or recreational craft in a way that causes or may cause—

(i)danger to the person; or

(ii)danger or fear to someone else.

Maximum penalty—20 penalty units.

119Complying with direction about use of vehicle, boat, aircraft or recreational craft

(1)If a conservation officer believes it is reasonably necessary, the officer may give the person in control of a vehicle, boat, aircraft or recreational craft in a protected area an oral or written direction regulating or prohibiting the driving, riding, flying, parking, mooring or use of it in the area.

(2)The direction may also be given in a way that sufficiently shows the officer’s intention.

Example—

by use of a sign or signal

(3)The directions the officer may give include directions for all or any of the following—

(a)preventing or remedying any harm to, or loss or destruction of, the area’s cultural or natural resources;

(b)securing the safety of a person or a person’s property;

(c)minimising disturbance to persons in the area.

(4)Without limiting subsection (3), a direction may require the person in control of a vehicle, boat, aircraft or recreational craft to remove it from the area.

(5)A person must comply with a direction given under this section, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(6)It is not a reasonable excuse for subsection (5) that the person holds a protected area authority that is inconsistent with the direction.

120Other requirements about using vehicle, boat or recreational craft

(1)A person must not, in a protected area—

(a)drive or ride a vehicle, boat or recreational craft at a speed or in a way that causes or may cause damage to the area; or

(b)use a vehicle, boat or recreational craft in a way that disrupts or may disrupt someone else’s enjoyment of the area; or

(c)drive, ride or attempt to drive or ride a vehicle other than—

(i)on a road; or

(ii)along a route or surface that a regulatory notice states is a route or surface along which a vehicle of that type may be driven or ridden; or

(d)park or stand a vehicle, or moor a boat, in a way or in a place that may—

(i)obstruct or prevent the free passage of another vehicle; or

(ii)cause damage to or disturb the area.

Maximum penalty—20 penalty units.

(2)Subsection (1)(c) does not apply to an act done under a licence, permit or other authority granted under the Act.

121Unauthorised feeding of animals

(1)A person, other than an authorised person, in a protected area must not, without the chief executive’s approval, feed an animal that is dangerous, venomous or capable of injuring a person.

Maximum penalty—40 penalty units.

(2)A person, other than an authorised person, in a protected area must not, without the chief executive’s approval, feed an animal if a regulatory notice prohibits the feeding of the animal.

Maximum penalty—40 penalty units.

(3)However, a person may, without the chief executive’s approval, feed an animal lawfully taken into the area under the Act.

(4)In this section—

feed, in relation to an animal, includes—

(a)use food to tease or lure the animal; and

(b)attempt to feed the animal.

122Food to be kept from animals

(1)A person in a protected area must ensure food in the person’s possession or under the person’s control is kept—

(a)in a way that prevents animals that are dangerous, venomous or capable of injuring a person from gaining access to the food; and

(b)if a regulatory notice states the way in which the food must be kept—in the stated way.

Maximum penalty—40 penalty units.

(2)In this section—

food does not include food—

(a)at the time it is being consumed by a person or prepared for human consumption; or

(b)that is lawfully deposited or disposed of under the Act; or

(c)given to an animal lawfully taken into a protected area under the Act.

123Unauthorised disturbance of animals

(1)A person, other than an authorised person, in a protected area must not disturb an animal if—

(a)it is dangerous, venomous or capable of injuring a person; or

(b)a regulatory notice prohibits the disturbance of the animal.

Maximum penalty—40 penalty units.

(2)This section does not apply to a person who disturbs an animal—

(a)under a protected area authority or with written approval from the chief executive; or

(b)in the course of a lawful activity that was not directed towards the disturbance if the disturbance could not have been reasonably avoided.

(3)In this section—

disturb, an animal, includes—

(a)to approach, harass, harm, lure, pursue, tease or touch the animal; and

(b)to attempt to disturb the animal.

124Restriction on animals in protected area

(1)A person must not, without the chief executive’s written approval—

(a)bring a live animal into a protected area; or

(b)keep a live animal in a protected area.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to—

(a)an animal brought into the area—

(i)under a stock grazing permit; or

(ii)under a travelling stock permit; or

(iii)for mustering stock under a stock mustering permit; or

(iv)with written approval from the chief executive; or

(b)a support dog; or

(c)a fish or mud crab lawfully taken in the area or a place adjacent to the area; or

(d)an invertebrate animal lawfully taken in the area or a place adjacent to the area for use as bait for fishing; or

(e)a horse brought into a conservation park, a resources reserve or a national park, for horse riding if—

(i)bringing the horse into the park or reserve is permitted under a regulatory notice; and

(ii)the horse is brought into the park or reserve in accordance with the notice; or

(f)a dog brought into a conservation park or resources reserve if—

(i)bringing the dog into the park or reserve is permitted under a regulatory notice; and

(ii)the dog is brought into the park or reserve in accordance with the notice.

(3)In this section—

support dog means an assistance dog, guide dog, hearing dog or trainee support dog under the Guide, Hearing and Assistance Dogs Act 2009, schedule 4.

s 124 amd 2012 SL No. 227s 12; 2013 SL No. 237s 13; 2014 SL No. 35s 52; 2016 SL No. 104 s 2 sch 1

125Bringing dogs into or keeping dogs in protected area

(1)A person must not bring a dog into, or keep a dog in, a protected area unless the dog is under control.

Maximum penalty—20 penalty units.

(2)A person who brings a dog into, or keeps a dog in, a protected area must, if the dog defecates in the area—

(a)immediately collect any faeces deposited by the dog and enclose them in a secure bag or wrapping; and

(b)deposit the enclosed faeces—

(i)in a bin identified by the chief executive as appropriate for that purpose; or

(ii)if no bin in the protected area has been identified by the chief executive—in, on or at a place outside the area.

Maximum penalty—20 penalty units.

(3)In this section—

under control, for a dog, means—

(a)a person who is physically able to control the dog is holding the dog by a leash that is appropriate to restrain the dog; or

(b)the dog—

(i)is securely tethered to an object that the dog can not move; and

(ii)is under the supervision of a person who is physically able to control the dog; or

(c)the dog is being transported in an enclosed vehicle, carry cage or other suitable closed container; or

(d)the dog is being transported on the tray of a vehicle and is securely tethered so as to be confined to the tray.

s 125 amd 2009 SL No. 15s 9

126Complying with direction to remove animal

(1)A conservation officer may give a person in charge of an animal in a protected area an oral or a written direction to remove the animal from the area if the officer reasonably believes that the animal—

(a)is unlawfully in the area; or

(b)has been causing a nuisance or disturbance in the area; or

(c)is a danger to persons or wildlife in the area.

(2)The person must, unless the person has a reasonable excuse—

(a)remove the animal from the area; and

(b)ensure the animal is not returned to the area within 24 hours after its removal.

Maximum penalty for subsection (2)—40 penalty units.

127Unlawfully bringing plants into protected area

(1)A person must not bring a plant into a protected area unless—

(a)the plant is for consumption by humans as food; or

(b)the person brings the plant into the area in accordance with the chief executive’s written approval; or

(c)the plant is for use as firewood and the person brings the plant into the area in accordance with a protected area authority held by the person or a regulatory notice; or

(d)the plant is for consumption by an animal lawfully brought into the protected area; or

(e)the plant remains securely stored in or on a vehicle or boat at all times while the plant is in the area.

Maximum penalty—50 penalty units.

(2)Without limiting subsection (1)(e), a plant is securely stored in or on a vehicle or boat if it is kept in or on the vehicle or boat in a way that ensures that no part of the plant is spread or released into the protected area, including, for example, by keeping the plant—

(a)in a cabin of the vehicle or boat; or

(b)covered at all times.

128Polluting dams, lakes or watercourses

(1)A person must not pollute a dam, lake or watercourse in a protected area.

Maximum penalty—50 penalty units.

(2)Without limiting subsection (1), a person pollutes a dam, lake or watercourse if the person—

(a)discharges waste from a boat into the dam, lake or watercourse; or

(b)uses soap, detergent or shampoo in the dam, lake or watercourse; or

(c)puts oil, grease or a harmful or dangerous substance in the dam, lake or watercourse; or

(d)washes a vehicle, clothing, cooking utensil or another thing in the dam, lake or watercourse.

129Misusing water

(1)A person must not, in a protected area—

(a)take water from a lake, watercourse or other water storage, other than—

(i)for personal use within the area; or

(ii)to water an animal the person lawfully brought into the area; or

(b)dam or divert a watercourse; or

(c)tamper with or damage a water supply or water storage facility; or

Examples of water supply or storage facilities—

dam, water pipeline, water pump, water tank

(d)allow water from a tap to run to waste.

Maximum penalty—50 penalty units.

(2)Subsection (1) does not apply to—

(a)a person doing a thing mentioned in subsection (1) if the thing is authorised under the Act; and

(b)a person conducting a lawful activity that is not directed towards doing an act in contravention of the subsection if the contravention could not have been reasonably avoided.

130Unlawful use of offensive and harmful substances

(1)A person must not, without the chief executive’s approval, use a herbicide or pesticide in a protected area.

Maximum penalty—120 penalty units.

(2)A person must not use another noxious, offensive or other harmful substance in a protected area.

Maximum penalty—120 penalty units.

131Unlawful disposal of offensive and harmful substances

(1)A person must not bury or otherwise dispose of, or leave, a noxious, offensive or harmful substance in a protected area.

Maximum penalty—120 penalty units.

(2)A person must not, without the chief executive’s written approval, bury or otherwise dispose of, or leave, the offal, carcass or skeleton of an animal in a protected area.

Maximum penalty—120 penalty units.

132Dumping or abandoning vehicles, boats, recreational craft or aircraft

A person must not dump or abandon a vehicle, boat, recreational craft or aircraft, or a part of a vehicle, boat, recreational craft or aircraft, in a protected area.

Maximum penalty—120 penalty units.

133Dumping or abandoning waste materials

(1)A person must not dump or abandon used or waste materials, including, for example, building materials, fencing materials, drums or vegetation, in a protected area.

Maximum penalty—120 penalty units.

(2)A person in a protected area must not—

(a)defecate, other than in a facility provided by the chief executive for the purpose, within the prescribed minimum distance of a lake, watercourse or walking track in the area; or

(b)bury human waste, other than in a facility provided by the chief executive for the purpose, within the prescribed minimum distance of any of the following—

(i)a lake or watercourse in the area;

(ii)an occupied or established camp site;

(iii)a site designated by a regulatory notice as a camp site;

(iv)a walking track or other public facility; or

(c)leave human waste unburied.

Maximum penalty—50 penalty units.

(3)In this section—

prescribed minimum distance, in relation to protected area, means 10m or, if a regulatory notice erected or displayed at the entrance of the area states a longer minimum distance, the longer minimum distance.

s 133 amd 2011 SL No. 196s 4

134Depositing litter brought into protected area

(1)This section applies to litter brought into a protected area by a person.

(2)The person, or anyone accompanying the person, must not deposit the litter in the protected area unless the person has a reasonable excuse.

Example of reasonable excuse—

The person has been collecting litter from public land adjacent to the protected area and brings the litter into the protected area to deposit it in a litter bin.

Maximum penalty—20 penalty units.

135Depositing other litter

(1)This section applies to litter other than litter brought into the area.

(2)If there are litter bins in a protected area, a person must not—

(a)deposit litter in the area other than in a litter bin; or

(b)deposit litter in contravention of a regulatory notice.

Maximum penalty—20 penalty units.

(3)If there are no litter bins in a protected area, a person must not deposit litter in the area.

Maximum penalty—20 penalty units.

136Complying with direction about litter

(1)If a conservation officer considers it reasonably necessary or desirable, the officer may give an oral or written direction to a person to remove the person’s litter from a protected area even if there is a litter bin in the area.

Example of when direction under subsection (1) may be given—

when all the litter bins in a protected area are full

(2)The person must comply with the direction.

Maximum penalty for subsection (2)—20 penalty units.

137Unlawfully possessing or using appliances

(1)A person must not possess or use an appliance in a protected area unless the person—

(a)has the chief executive’s written approval for possessing or using the appliance; and

(b)possesses or uses the appliance in a way that complies with the approval.

Maximum penalty—120 penalty units.

(2)Subsection (1) does not apply to—

(a)an unloaded spear gun if—

(i)the gun is to be used in an area adjoining the area; and

(ii)the use of the gun in the adjoining area is not prohibited under any Act; or

(b)a rigged fishing rod that is to be used in a national park mentioned in schedule 6 or another protected area in which fishing is permitted under the Act; or

(c)an appliance that is, or is to be, used solely for camping or a domestic purpose, if, when the appliance is used, it does not cause unreasonable disturbance to a person or animal in a protected area; or

(d)an appliance that is, or is to be, used solely for conducting an activity under a permit or authority or a written approval from the chief executive; or

(e)an appliance that is securely stored in or on a vehicle or boat at all times while it is in the area.

(3)Without limiting subsection (2)(e), an appliance is securely stored in or on a vehicle or boat if it is kept in a place in or on the vehicle or boat where it is not easily accessible and is out of sight.

(4)In this section—

possess, in relation to an appliance, means to have control over the appliance.

138Unauthorised use of generators, compressors or motors

(1)A person must not use a generator, compressor or other similar engine or motor in a protected area unless its use is permitted under, and it is used in accordance with—

(a)the chief executive’s written approval; or

(b)a regulatory notice.

Maximum penalty—50 penalty units.

(2)A person does not commit an offence under subsection (1) if—

(a)the person uses a generator to operate a device for the treatment of a person’s medical condition; and

(b)the generator does not emit a noise of more than 65dB(A) when measured 7 metres from the generator.

(3)In this section—

medical condition, of a person, means a medical condition for which the person has a medical certificate or other document issued by a doctor stating that the person has the condition.

s 138 amd 2012 SL No. 227s 13

139Disturbance by radio, tape recorder or sound system

A person must not use a radio, tape recorder or other sound or amplifier system in a way that may cause unreasonable disturbance to a person or animal in a protected area.

Maximum penalty—50 penalty units.

140General misconduct

(1)A person in a protected area must not, unless the person has a reasonable excuse—

(a)be disorderly or create a disturbance; or

(b)do anything that interferes, or is likely to interfere, with the safety or health of the person or someone else in the area.

Maximum penalty—50 penalty units.

(2)A person in a protected area must not, unless the person has a reasonable excuse or the chief executive’s written approval—

(a)restrict access to, for example by cordoning off, a part of the area or a barbecue, table or other facility in the area; or

(b)claim to have an exclusive right to use a part of the area or a barbecue, table or other facility in the area.

Maximum penalty—50 penalty units.

(3)Subsection (2) does not apply to a person who restricts access to a part of a protected area, or a barbecue, table or other facility in the area, under a permit or commercial activity agreement that authorises the person to restrict the access.

140AConduct in parts of protected area where estuarine crocodiles are or may be present

(1)A person must not, unless the person has a reasonable excuse, swim in a part of a protected area if a sign in or near the part gives a warning, in any form, of the possible presence of estuarine crocodiles.

Maximum penalty—100 penalty units.

(2)A person must not, unless the person has a reasonable excuse, swim in a part of a protected area that the person knows, or ought reasonably to know, is a place where estuarine crocodiles have been frequently sighted.

Maximum penalty—100 penalty units.

(3)A person must not, unless the person has a reasonable excuse, stand knee-high or more than knee-high in water in a protected area that the person knows, or ought reasonably to know, is water in which estuarine crocodiles normally live.

Maximum penalty—100 penalty units.

(4)For subsection (3), it is a reasonable excuse for a person to stand knee-high or more than knee-high in water in a protected area if the person needs to stand in the water for a brief period to carry out another activity that the person is authorised to carry out in the protected area.

Example for subsection (4)—

standing in water to get into or out of a boat being used to carry out an activity the person is authorised to carry out in the protected area

(5)In this section—

estuarine crocodile means an animal of the species Crocodylus porosus.

protected area does not include a protected area that is a nature refuge.

s 140A ins 2007 SL No. 301s 4

141Tampering with camping tags

(1)A person must not, unless the person has a reasonable excuse, tamper with a camping tag displayed on a tent, caravan, structure, vehicle or other equipment being used for camping.

Maximum penalty—20 penalty units.

(2)In this section—

tamper with, a camping tag, means—

(a)to remove, damage or destroy the tag; or

(b)change anything written on the tag.

142Tampering with structures and other things in protected area

(1)A person must not tamper with a building, fence, gate, notice, sign or structure in a protected area unless the person has a reasonable excuse.

Maximum penalty—120 penalty units.

(2)In this section—

tamper with, a building, fence, gate, notice, sign or structure, includes to—

(a)deface, destroy, damage or mark the building, fence, gate, notice, sign or structure; or

(b)remove the building, fence, gate, notice, sign or structure.

143Complying with direction to leave for unlawful activities

(1)Subsection (2) applies if, in a protected area, a conservation officer—

(a)finds a person committing, or about to commit, an offence against the Act; or

(b)finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against the Act; or

(c)has information that leads the officer to reasonably suspect a person has committed an offence against the Act.

(2)The conservation officer may direct the person to immediately leave the protected area or a stated part of it if the officer reasonably believes it is necessary to do so—

(a)to prevent the continuation of the offence; or

(b)to secure evidence of the offence; or

(c)to prevent another offence from being committed.

(3)When giving a direction under subsection (2), the officer must warn the person it is an offence to fail to comply with the direction.

(4)The person must comply with the direction and not re-enter the area or part within 24 hours after leaving it.

Maximum penalty—80 penalty units.

(5)If a person fails to comply with a direction given under this section, a conservation officer may take steps that appear to the officer to be reasonable and necessary to secure compliance with the direction, including, for example—

(a)using reasonable force; and

(b)removing the person’s property to a place inside or outside the protected area.

144Complying with direction to leave for dangerous circumstances or emergency or rescue activity

(1)If a conservation officer reasonably believes circumstances exist that are a danger to a person, or the person’s property, in a protected area, the officer may direct the person to leave the area, or the part of the area, where the danger exists.

(2)If a conservation officer reasonably believes the presence of the person in a protected area may interfere with an emergency or rescue activity, the officer may direct the person to leave the area, or the part of the area, where the emergency or rescue activity is taking place.

(3)When giving a direction under subsection (2), the officer must warn the person it is an offence to fail to comply with the direction.

(4)A person must comply with a direction given under this section and not re-enter the area until the person becomes aware that the conservation officer, or another conservation officer, is satisfied the reason for the giving of the direction no longer exists.

Example of how person may become aware—

The chief executive makes a public announcement that persons may re-enter the area.

Maximum penalty—80 penalty units.

(5)If a person fails to comply with a direction given under this section, a conservation officer may take reasonable steps to secure compliance with the direction, including, for example—

(a)using reasonable force; and

(b)removing the person’s property to a place inside or outside the protected area.

145Conducting general muster

(1)This section applies if the chief executive reasonably believes it is necessary to muster stock on a protected area for the management of the area.

(2)The chief executive may conduct a general muster of the stock.

(3)However, the chief executive must give each relevant landholder for the area a notice stating the chief executive intends to conduct the muster on a stated day.

(4)The notice must be given at least 5 business days before the stated day.

(5)A relevant landholder for the protected area may be present at and take part in the muster.

(6)The chief executive may ask the person the chief executive reasonably believes is the owner of stock found on the protected area during the muster to remove the stock.

(7)If the chief executive can not find the owner of stock found on the protected area during the muster, or the owner does not remove the stock from the protected area, the chief executive may seize the stock and remove it from the area.

(8)Stock seized under this section must be dealt with under the Administration Regulation, part 5.

(9)In this section—

relevant landholder, for a protected area, means a landholder of land that adjoins the area.

146Permitted dog-walking

(1)The chief executive may erect or place a regulatory notice at the entrance of a conservation park or resources reserve stating that dog-walking is permitted in the park or reserve.

(2)However, the chief executive may erect or place the notice only if the chief executive is satisfied—

(a)the area of the conservation park or resources reserve was widely used for dog-walking before the initial dedication of the area under the Act; and

(b)that allowing dogs into the conservation park or resources reserve will not result in—

(i)any damage to a cultural resource of the park or reserve; or

(ii)a significant adverse effect on a natural resource of the park or reserve.

(3)In this section—

initial dedication, of an area, means the initial dedication of the area as any one of the following—

(a)a conservation park;

(b)a resources reserve;

(c)a regional park within the meaning of the Act as in force immediately before 1 July 2016.

s 146 amd 2014 SL No. 35s 53; 2016 SL No. 104 s 2 sch 1

148Seizure of particular things for the protection of cultural or natural resources

(1)This section applies if a conservation officer reasonably believes—

(a)a vehicle or appliance is in a protected area for the purpose of taking, using or interfering with a cultural or natural resource of the area and the taking, use or interference is not authorised under the Act; or

(b)it is necessary to remove a vehicle or appliance in a protected area for the protection of a cultural or natural resource of the area.

(2)The officer may—

(a)seize the vehicle, and anything attached to, in or on the vehicle, or the appliance; and

(b)remove the seized vehicle, thing or appliance from the area.

(3)In this section—

vehicle includes a boat, recreational craft and aircraft.

149Stray stock may be seized

(1)If a conservation officer reasonably suspects stock found on a protected area are stray stock, the officer may—

(a)seize the stock; and

(b)remove the seized stock from the area.

(2)For subsection (1), a conservation officer may suspect stock is stray stock only if the stock—

(a)is in a part of a protected area other than a part where someone may lawfully graze stock under an Act; or

(b)has strayed onto a protected area from land outside the area.

150Unauthorised structures or works may be seized

(1)This section applies if a conservation officer reasonably believes a structure or work in a protected area is not authorised to be in the area under the Act.

(2)The conservation officer may—

(a)seize the structure or work, and anything in, on or attached to the structure or work; and

(b)take the steps that are reasonable and necessary to remove the seized structure, work or thing, from the area.

(3)However, if the conservation officer knows, or ought reasonably to know, the name of the person in charge of the structure or work, the conservation officer may seize the structure or works only if—

(a)the officer has given the person a written direction to remove the structure or work under section 108; and

(b)the person has not complied with the direction.

151Unauthorised vehicles, boat, recreational craft or aircraft may be seized

(1)This section applies if a conservation officer reasonably believes a vehicle in a protected area is not authorised to be in the area under the Act.

(2)The conservation officer may—

(a)seize the vehicle and anything in the vehicle; and

(b)remove the seized vehicle, and anything in the vehicle, from the area.

(3)However, if the conservation officer knows, or ought reasonably to know, the name of the person in control of the vehicle the officer may seize the vehicle only if—

(a)the officer has given the person a written direction to remove the vehicle, and anything in the vehicle, within a stated time; and

(b)the person has not complied with the direction.

(4)Also, a conservation officer may seize and remove a vehicle or other thing under this section only if the officer reasonably believes it is necessary or desirable to seize and remove the vehicle or thing, having regard to—

(a)the safety of people in the protected area; and

(b)the need to protect the cultural and natural resources of the protected area; and

(c)the orderly or proper management of the area.

(5)In this section—

vehicle includes an aircraft, a boat and a recreational craft.

152Abandoned structure, work, vehicle, boat, recreational craft or aircraft may be seized

(1)This section applies if a conservation officer reasonably believes a structure, work or vehicle in a protected area has been abandoned and needs to be removed from the area.

(2)The officer may—

(a)seize the structure, work or vehicle, and anything in, on or attached to the structure, work or vehicle; and

(b)for a seized structure, work or thing in, on or attached to the structure or work—take the steps that are reasonable and necessary to remove the structure, work or thing; and

(c)for a seized vehicle, or thing attached to the vehicle—remove the vehicle or thing from the area.

(3)In this section—

vehicle includes an aircraft, a boat and a recreational craft.

153Dealing with things seized under this chapter

Any thing seized under this chapter must be dealt with under the Administration Regulation, part 5.

ch hdg ins 2015 SL No. 110s 20

154Group activity permits granted before commencement

(1)This section applies to a group activity permit for the conduct of an activity in a protected area that is in force immediately before the commencement.

(2)The unamended regulation continues to apply for the conduct of the activity as if the amendment regulation had not commenced.

(3)In this section—

amendment regulation means the Recreation Areas Management and Other Legislation Amendment Regulation (No. 1) 2015.

unamended regulation means the regulation as in force immediately before the commencement.

s 154 ins 2015 SL No. 110s 20

section 12

sch 1 amd 2007 SL No. 176 s 7; 2008 SL No. 235 s 9; 2009 SL No. 15 s 10; 2009 SL No. 16 s 7; 2010 SL No. 13 s 18; 2014 SL No. 35 s 54; 2014 SL No. 223 s 28; 2015 SL No. 82 s 3; 2016 SL No. 104 s 2 sch 1; 2017 SL No. 21 s 3; 2017 SL No. 133 s 3

section 13

pt hdg amd 2016 SL No. 104 s 2 sch 1

pt hdg amd 2016 SL No. 104 s 2 sch 1

sch 2 amd 2007 SL No. 176 s 8; 2014 SL No. 35 s 55; 2014 SL No. 223 s 29; 2016 SL No. 104 s 2 sch 1

section 15

sch 3 amd 2007 SL No. 125 s 8; 2007 SL No. 175 s 3; 2007 SL No. 205 s 3; 2008 SL No. 252 s 3; 2008 SL No. 274 s 3; 2009 SL No. 15 s 11; 2009 SL No. 85 s 3; 2009 SL No. 141 s 3; 2009 SL No. 263 s 3; 2009 SL No. 287 s 3; 2010 SL No. 258 s 3; 2010 SL No. 292 s 3; 2011 SL No. 69 s 3; 2011 SL No. 196 s 5; 2012 SL No. 40 s 3; 2012 SL No. 189 s 3; 2013 SL No. 63 s 3; 2013 SL No. 178 s 3; 2013 SL No. 303 s 4; 2014 SL No. 13 s 3; 2014 SL No. 157 s 3; 2014 SL No. 223 s 30; 2015 SL No. 88 s 3; 2015 SL No. 130 s 3; 2015 SL No. 167 s 3; 2017 SL No. 47 s 3; 2017 SL No. 130 s 3

section 16

sch 4 amd 2009 SL No. 15 s 12; 2012 SL No. 189 s 4; 2013 SL No. 63 s 4; 2013 SL No. 178 s 4

sections 29(3) and 48 and schedule 9, definition apiary area

sch 5 amd 2008 SL No. 216 s 8; 2011 SL No. 178 s 7

section 47(5), definition prescribed area and section 137(2)(b)

section 110

sch 7 amd 2009 SL No. 127 s 4; 2014 SL No.35 s 56; 2016 SL No. 104 s 2 sch 1

section 10(1)

Aboriginal land protected area, for chapter 5, see section 69A.

def Aboriginal land protected area ins 2014 SL No. 223 s 31

Aboriginal people particularly concerned with land means Aborigines particularly concerned with land within the meaning given by the Aboriginal Land Act 1991, section 3.

def Aboriginal people particularly concerned with land amd 2014 Act No. 45 s 58 sch 1 pt 1

activity permit means any of the following—

(a)a camping permit;

(b)a restricted access area permit;

(c)a stock grazing permit;

(d)a stock mustering permit;

(e)a travelling stock permit;

(f)a permit to enter a national park (scientific);

(g)a commercial activity permit;

(h)a permit to solicit donations or information;

(i)an organised event permit;

(j)a permit to use recreational craft;

(k)a special activity permit.

def activity permit amd 2014 SL No. 35 s 57(3); 2015 SL No. 110 s 21(2); 2016 SL No. 104 s 2 sch 1

Administration Regulation means the Nature Conservation (Administration) Regulation 2006.

aircraft includes a helicopter.

apiary area means a national park, including a national park (recovery) that under section 197(1)(a) of the Act continues as a national park—

(a)to which section 184 of the Act applies; and

(b)that was previously a forest reserve mentioned in schedule 5.

def apiary area sub 2014 SL No. 35 s 57(1)–(2); 2016 SL No. 104 s 2 sch 1

area closed to the public means an area declared to be closed to the public under section 81.

associated facilities, for a canopy walkway in a relevant area, means facilities in the area for—

(a)the management of the walkway; or

(b)tourism services, other than overnight accommodation, for visitors to the walkway.

Examples of tourism services—

services relating to the provision of tourism information, food and beverages or souvenirs

def associated facilities ins 2013 SL No. 303 s 5

camping permit includes an e-camping permit and a self-registered camping permit.

camping tag means—

(a)generally—a tag made available by the chief executive for display at a person’s camp site to indicate the person has a camping permit for the site; and

(b)for an e-camping permit and a self-registered camping permit—a tag with the following information on it—

(i)the person’s name;

(ii)the number for identifying the permit.

canopy walkway means a walkway with sections in and above a forest canopy.

def canopy walkway ins 2013 SL No. 303 s 5

Cape York Peninsula Region see the Cape York Peninsula Heritage Act 2007, section 7.

def Cape York Peninsula Region ins 2014 SL No. 223 s 31

Commonwealth land, for schedule 3, means the land held by the Commonwealth under special lease 9/36573, situated in the County of Nares, Parish of Trinity, containing an area of about 0.0405ha.

communications use, for schedules 3 and 4, means the construction, maintenance and use of buildings, structures and other improvements as part of, or for, a facility for providing communication services.

deposit includes drop, leave, place or throw.

e-camping permit, for an e-permit camping area, means a camping permit taken to have been granted for the area, under the Administration Regulation, section 42.

electricity distribution use, for schedule 3, means the construction, maintenance and use of either or both of the following—

(a)a supply network within the meaning of the Electricity Act 1994, section 8;

(b)a transmission grid within the meaning of the Electricity Act 1994, section 6.

group activity ...

def group activity amd 2007 SL No. 61 s 24; 2007 SL No. 205 s 4

om 2015 SL No. 110 s 21(1)

guide dog ...

def guide dog om 2012 SL No. 227 s 14

insurance cover, for activities to be conducted under a permit, means a policy of insurance that insures the applicant for the permit against a claim for damage, injury or loss to a person, and damage to property, arising from the activities to be conducted under the permit.

lake includes lagoon, swamp, marsh and any other natural collection of water.

litter includes broken glass.

litter bin means a receptacle for litter provided by the chief executive.

marine navigation use, for schedule 3, means the construction, maintenance and use of buildings, structures and other improvements as part of, or for, a facility for assisting marine navigation.

mining chief executive means the chief executive of the department in which the Mineral Resources Act 1989 is administered.

motor vehicle—

1

Motor vehicle means a vehicle propelled by a motor that forms part of the vehicle, and includes a trailer attached to the vehicle.

2

Motor vehicle does not include an aircraft, a bicycle, a hovercraft or a motorised wheelchair.

national park (recovery) means an area dedicated as a national park (recovery) under the Act as in force before the commencement of section 197 of Act.

def national park (recovery) ins 2014 SL No. 35 s 57(2)

person in charge, of an animal, has the meaning given by the Animal Care and Protection Act 2001, section 12.

public health and safety act means an act, the regulation or prohibition of which, the chief executive believes is necessary or desirable to diminish the risk of death, injury or illness of users of a protected area or adjacent areas.

quarry material does not include—

(a)a mineral under the Mineral Resources Act 1989; and

(b)bush rock; and

(c)guano.

reasonably suspect means suspect on grounds that are reasonable in the circumstances.

recreational craft includes a hot air balloon, hang-glider, paraglider and an ultralight aircraft.

regulatory information notice see section 71(2).

regulatory notice see section 70(2).

def regulatory notice ins 2014 SL No. 223 s 31

relevant area means a national park, including a national park (recovery) that under section 197(1)(a) of the Act continues as a national park.

def relevant area ins 2013 SL No. 303 s 5

sub 2014 SL No. 35 s 57(1)–(2)

amd 2016 SL No. 104 s 2 sch 1

relevant protected area, for chapter 1, part 2, see section 4.

def relevant protected area (prev def prescribed protected area) amd 2013 SL No. 35 s 57(4)

resources permit see section 17.

restricted access area means an area declared to be a restricted access area under section 73.

restrictive act means—

(a)for an organised event permit or commercial activity permit—amend, suspend or cancel the permit; or

(b)for a commercial activity agreement—amend or cancel the agreement or suspend the authorisation under it.

def restrictive act amd 2015 SL No. 110 s 21(3)

scientific purpose includes an archaeological, anthropological or sociological purpose.

self-registered camping permit, for a self-registration camping area, means a camping permit taken to have been granted for the area, under the Administration Regulation, section 44.

special activity, for a protected area or a part of a protected area, means an activity that is declared to be a special activity for the area or part under—

(a)a regulatory notice erected or displayed, under section 78; or

(b)a conservation plan that identifies the area or part as, or including, a critical habitat for wildlife.

specified cooking or heating appliance means a portable cooking or heating appliance that is self-contained and uses manufactured fuel, including, for example, refined oil or gas.

Torres Strait Islanders particularly concerned with land has the meaning given by the Torres Strait Islander Land Act 1991, section 3.

def Torres Strait Islanders particularly concerned with land amd 2014 Act No. 45 s 58 sch 1 pt 1

watercourse means a river, creek or stream in which water flows permanently or intermittently.

weapon see the Weapons Act 1990, schedule 2.