Wet Tropics World Heritage Protection and Management Act 1993An Act to provide for the protection and management of the Wet Tropics of Queensland World Heritage Area, and for related purposesBecause—

1The General Conference of the United Nations Education, Scientific and Cultural Organization adopted the World Heritage Convention for the purpose of assuring the protection of the world’s cultural and natural heritage of outstanding universal value.

2Australia is a party to the convention.

3The wet tropics area has been listed in the World Heritage list kept under the convention as forming part of the world’s natural heritage of outstanding universal value.

4The Parliament recognises that Australia’s obligation under the convention is to ensure the protection, conservation, presentation, rehabilitation, and transmission to future generations, of the natural heritage of the area.

5It is the intention of the Parliament that the area should be established and maintained as a world heritage area of the highest standard.

6The Commonwealth and the State have, under the agreement, agreed to broad structural and funding arrangements in relation to the management of the area.

7It is, therefore, the intention of the Parliament to make provision, by this Act, to ensure that effective, active measures are taken to meet Australia’s obligation under the convention.

8It is also the intention of the Parliament to acknowledge the significant contribution that Aboriginal people can make to the future management of cultural and natural heritage within the area, particularly through joint management agreements.

Part 1Preliminary1Short titleThis Act may be cited as the Wet Tropics World Heritage Protection and Management Act 1993.3Crown bound(1)This Act binds the Crown in right of Queensland and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.(2)Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.(3)However, subsection (2) does not prevent an officer, employee or agent of the Crown from being prosecuted for an offence.4DefinitionsThe dictionary in schedule 3 defines particular words used in this Act.s 4 Note—prev s 4 contained definitions for this Act. Definitions are now located in schedule 3 (Dictionary).pres s 4 amd 2005 No. 53s 155(1)5Aboriginal people particularly concerned with landFor the purposes of this Act, Aboriginal people are particularly concerned with land if—

(a)they are members of a group that has a particular connection with the land under Aboriginal tradition; or

(b)they live on or use the land or neighbouring land.

Part 2Wet Tropics Management Authority and its boardDivision 1Establishment, functions and powers of authority6Establishment of authorityAn authority called the Wet Tropics Management Authority is established.7Object of establishment of authorityThe authority is established to ensure that Australia’s obligation under the World Heritage Convention in relation to the wet tropics area is met.8Authority is body corporate etc.The authority—

(a)is a body corporate; and

(b)has a seal; and

(c)may sue and be sued in its corporate name.

9Authority represents the Crown(1)The authority represents the Crown.(2)Without limiting subsection (1), the authority has all the privileges and immunities of the Crown.s 9 amd 2001 No. 45s 29sch 39AExcluded matter for Corporations legislationThe authority is declared to be an excluded matter for the Corporations Act, section 5F, in relation to the following provisions of the Corporations Act—

(a)parts 2D.1 and 2D.6;

(b)chapters 2K and 2L;

(c)parts 5.7, 5.7B, 5.9 and 5B.2.

s 9A ins 2001 No. 45s 29sch 310Authority’s functions(1)The authority’s functions are to—

(a)develop and implement policies and programs in relation to the management of the wet tropics area; and

(b)formulate performance indicators for the implementation of policies and programs approved by the Ministerial Council; and

(c)advise and make recommendations to the Minister and the Ministerial Council in relation to—

(i)the management of the wet tropics area; and

(ii)Australia’s obligation under the World Heritage Convention in relation to the wet tropics area; and

(d)prepare, and ensure the implementation of, management plans for the wet tropics area; and

(e)administer funding arrangements in relation to the wet tropics area; and

(f)enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and

(g)enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and

(h)gather, research, analyse and disseminate information on the wet tropics area; and

(i)develop public and community education programs in relation to the wet tropics area; and

(j)promote the wet tropics area locally, nationally and internationally; and

(k)liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and

(l)monitor the state of the wet tropics area; and

(m)advise and report to the Minister and the Ministerial Council on the state of the wet tropics area; and

(n)perform functions incidental to a function under another paragraph of this subsection.

(2)The functions of the authority under subsection (1) to advise, report to and make recommendations to the Minister and the Ministerial Council may be performed by the authority on request or its own initiative.(3)A cooperative management agreement under subsection (1)(f) may make provision for financial, scientific, technical or other assistance in relation to the management of the wet tropics area.(4)The authority must perform its functions in a way that is consistent with the protection of the natural heritage values of the wet tropics area.(5)Subject to subsection (4), in performing its functions, the authority must, as far as practicable—

(a)have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and

(b)liaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area.

(6)Subject to subsection (4), the authority must, as far as practicable, perform its functions in a way that is consistent with the objectives and principles of the National Strategy for Ecologically Sustainable Development.11Authority’s powers(1)The authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.(2)Without limiting subsection (1), the authority has such powers as are conferred on it by this Act.(3)Without limiting subsection (1), the authority has, for or in connection with the performance of its functions, all the powers of an individual, and may, for example—

(a)enter into contracts; and

(b)acquire, hold, dispose of, and deal with, property; and

(c)appoint agents and attorneys; and

(d)charge, and fix terms, for goods, services and information supplied by it; and

(e)engage consultants.

Division 2The board of directors12The boardThere is a board of directors of the authority.13Role of the board(1)The board is responsible for the way in which the authority performs its functions and exercises its powers.(2)Without limiting subsection (1), it is the board’s role—

(a)to decide the objectives, strategies and policies to be followed by the authority; and

(b)to ensure that the authority performs its functions in a proper, effective and efficient way.

14Composition of board(1)The board is to consist of the following 7 directors—

(a)the chairperson, appointed on the nomination of the Ministerial Council;

(ab)1 Aboriginal person appointed on the nomination of the Ministerial Council;

(b)2 persons appointed on the nomination of the Commonwealth;

(c)2 persons appointed on the nomination of the State;

(d)the executive director.

(2)The Aboriginal person appointed under subsection (1)(ab) must be particularly concerned with land in the wet tropics area.Note—For when an aboriginal person is particularly concerned with the land, see section 5 (Aboriginal people particularly concerned with land).s 14 amd 2006 No. 11s 112Division 3Provisions relating to directors other than the executive director15Application of divisionThis division applies to the directors other than the executive director.16Appointment(1)The directors are to be appointed by the Governor in Council.(2)If the Ministerial Council or the Commonwealth fails to nominate a qualified person for appointment under section 14(a) or (b) within 3 months after being requested to do so by the Minister, the Governor in Council may appoint a qualified person as a director.(3)A person is qualified to be a director if the person—

(a)is not an officer of the public service of the State or the Commonwealth; and

(b)has qualifications or extensive experience in a field related to the authority’s functions.

17Duration of appointment etc.(1)The appointment of a director is for a term (not longer than 3 years) as is specified in the director’s instrument of appointment.(2)A director is eligible for reappointment unless the director has completed 6 consecutive years as a director.18Terms of appointment(1)A director is appointed on a part-time basis.(2)A director is to be paid such remuneration and allowances as are determined by the Governor in Council.(3)A director holds office on such terms not provided in this Act as are determined by the Governor in Council.19Chairpersons 19 om 2006 No. 11s 11320Appointment of acting chairperson(1)The board may appoint 1 of its directors to act as chairperson during any period, or all periods, of not longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.(2)The Governor in Council may, after consultation with the Ministerial Council, appoint a person to act as chairperson—

(a)during a vacancy in the office; or

(b)during any period, or all periods, of longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office.

21Appointment of acting director(1)Subject to subsection (2), the Governor in Council may appoint a person to act as a director (other than the chairperson)—

(a)while the office of the director is vacant; or

(b)during any period, or all periods, when the director is absent from duty or Australia or is, for another reason, unable to perform the functions of office.

(2)A person may be appointed to act as a director mentioned in section 14(b) only after consultation with the Commonwealth.22Removal from office(1)Subject to subsections (2) and (3), the Governor in Council may remove a director from office if the director—

(a)is convicted of an indictable offence; or

(b)is guilty of misconduct or neglect of duty; or

(c)contravenes a provision of this Act without reasonable excuse; or

(d)is unable to perform the functions of office because of physical or mental incapacity.

(2)The director mentioned in section 14(a) may be removed only after consultation with the Ministerial Council.(3)A director mentioned in section 14(b) may be removed only after consultation with the Commonwealth.Division 4Provisions relating to the executive director23Executive directorThe executive director is to be appointed under the Public Service Act 2008 after consultation between the Ministerial Council, the Minister and the authority.s 23 amd 1996 No. 37s 147sch 2; 2009 No. 25s 83 sch24Executive director’s duties(1)The executive director is, under the board, to manage the authority.(2)Anything done in the name of, or on behalf of, the authority by the executive director is taken to have been done by the authority.(3)The executive director may, subject to section 31 (Disclosure of interests by directors), take part in any of the board’s deliberations but has no voting rights at a meeting of the board.(4)The executive director holds the position of secretary to the Ministerial Council.25Disclosure of interests by executive director(1)The executive director must give written notice to the chairperson of all direct or indirect pecuniary interests that the executive director has or acquires in any business or in any corporation carrying on any business.(2)The obligations of the executive director under subsection (1) are in addition to any obligations that the executive director has under this Act or any other law.Division 5Business and meetings of the board26Conduct of businessSubject to this division, the board may conduct its business (including its meetings) in the way it considers appropriate.27Times and places of meetings(1)Subject to subsections (2) and (3), meetings of the board are to be held at such times and places as the board determines.(2)The board must meet at least 4 times in each calendar year.(3)The chairperson—

(a)may at any time convene a meeting; and

(b)must convene a meeting when requested by 2 or more directors.

28Presiding director(1)The chairperson is to preside at all meetings at which the chairperson is present.(2)If the chairperson is not present at a meeting, a director (other than the executive director) chosen by the directors present at the meeting is to preside.29Quorum and voting at meetingsAt a meeting of the board—

(a)4 directors (exclusive of the executive director) constitute a quorum; and

(b)a question is to be decided by a majority of the votes of the directors present and voting; and

(c)the director presiding has a deliberative vote and, if the votes are equal, also a casting vote.

s 29 amd 2006 No. 11s 11430Conduct of meetings(1)The board may permit directors to participate in a particular meeting, or all meetings, by—

(a)telephone; or

(b)closed-circuit television; or

(c)any other means of communication.

(2)A director who participates in a meeting under a permission under subsection (1) is taken to be present at the meeting.(3)The board may invite a person to attend a meeting for the purpose of advising or informing it on any matter.(4)The board must keep minutes of its meetings.31Disclosure of interests by directors(1)If—

(a)a director has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and

(b)the interest could conflict with the proper performance of the director’s duties in relation to consideration of the matter;

the director must, as soon as practicable after the relevant facts come to the director’s knowledge, disclose the nature of the interest at a meeting of the board.(2)The disclosure must be recorded in the board’s minutes and, unless the board otherwise determines, the director must not—

(a)be present during any deliberations of the board in respect of the matter; or

(b)take part in any decision of the board in respect of the matter.

(3)A director who makes a disclosure must not—

(a)be present at any deliberation by the board for the purpose of making a determination under subsection (2); or

(b)take part in the making by the board of such a determination.

Division 6Provisions relating to staff32Arrangements relating to staff(1)The authority may arrange with the chief executive of a department, or with an authority of the State, for the services of officers or employees of the department or authority to be made available to it.(2)The authority may arrange with the appropriate authority of the Commonwealth, another State or a Territory, or with an authority of the Commonwealth, another State or a Territory, for the services of officers or employees of the public service of the Commonwealth, State or Territory, or of the authority, to be made available to it.(3)The authority may arrange for the services of an employee of the authority to be made available to the Commonwealth, a State or Territory or to an authority of the Commonwealth, a State or Territory.33Authority’s officers and employees employed under Public Service ActThe authority’s officers and employees are to be employed under the Public Service Act 2008.s 33 sub 1996 No. 37s 147sch 2; 2009 No. 25s 83 sch34Protection from liability(1)This section applies to—

(a)an authorised officer; and

(b)a person acting under the direction of an authorised officer.

(2)The person does not incur civil liability for an act or omission done honestly and without negligence under, or for the purposes of, this Act.(3)A liability that would, but for this section, attach to the person attaches instead to the authority.(4)This section does not apply to a person if the person is a State employee within the meaning of the Public Service Act 2008, section 26B(4).s 34 amd 2014 No. 59s 173Division 7Miscellaneous35Delegation of authority’s powers(1)Subject to subsection (2), the board may delegate the authority’s powers to—

(a)an advisory committee; or

(b)a director; or

(c)an officer or employee of the authority; or

(d)the chief executive of a department; or

(e)an officer of the public service; or

(f)the chief executive officer or an employee of a local government.

(2)The board may not delegate powers under any of the following provisions—

(a)part 3 (Management plans);

(b)section 64 (Budget).

(3)A certificate signed by the chairperson stating any matter in relation to a delegation of a power under subsection (1) is evidence of the matter.(4)A document purporting to be a certificate under subsection (3) is, unless the contrary is established, taken to be such a certificate and to have been properly given.s 35 amd 1995 No. 52s 1836Delegation of the executive director’s powersThe executive director may delegate the executive director’s powers to an officer of the authority.37Authority’s seal(1)The authority’s seal must be kept in such custody as the board directs and may be used only as authorised by the board.(2)Judicial notice must be taken of the imprint of the authority’s seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved.38Judicial notice of certain signaturesJudicial notice must be taken of—

(a)the official signature of a person who is or has been chairperson or executive director; and

(b)the fact that the person holds or has held the office concerned.

39Authentication of documentsA document made by the authority (other than a document that is required to be sealed) is sufficiently made if it is signed by the chairperson or a person authorised by the board.40Advisory committees(1)For the purposes of the administration of this Act, the authority—

(a)must establish—

(i)a scientific advisory committee; and

(ii)a community consultative committee; and

(b)may establish as many other advisory committees as it considers appropriate.

(2)The scientific advisory committee has the function of advising the authority on—

(a)scientific research that will contribute to the protection and conservation of the wet tropics area; and

(b)scientific developments relevant to the protection or conservation of the area.

(3)The community consultative committee has the function of advising the authority on the views of the community on the authority’s policies and programs in relation to the wet tropics area.(4)An advisory committee established under subsection (1)(b) has the functions the authority specifies, including, for example, the function of advising the authority on—

(a)the suitability of management plans; and

(b)matters generally relating to the management of the wet tropics area, including its management having regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the area.

(5)A member of an advisory committee may be paid such remuneration and allowances as are determined by the Governor in Council.Part 3Management plans41Preparation of plans by authority(1)The authority must prepare a management plan for the wet tropics area as soon as practicable after the commencement of this part.(2)The authority may prepare such other management plans for the wet tropics area, or any part of the area, as the authority considers appropriate.(3)A management plan may divide the area in respect of which it is made into management zones.(4)A management plan may make provision for any matter for which a regulation may be made under this Act, including, for example—

(a)prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and

(b)exempting and prescribing acts for section 56(3), definition prohibited act.

s 41 amd 1995 No. 40s 27; 2012 No. 25s 195 sch42Notice of proposal to prepare draft plan(1)The authority must give public notice that the authority proposes to prepare a draft management plan.(2)The notice must—

(a)be published in—

(i)a newspaper circulating throughout Queensland; and

(ii)such other newspapers as the authority determines; and

(b)specify the area concerned; and

(c)invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and

(d)specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph (a)(i)) by which submissions may be made to the authority.

43Preparation of draft planWhen preparing a draft management plan, the authority must consider all submissions properly made to the authority.44Notice of preparation of draft plan(1)The authority must give public notice when a draft management plan has been prepared.(2)The notice must—

(a)be published in—

(i)a newspaper circulating throughout Queensland; and

(ii)such other newspapers as the authority determines; and

(b)specify the area concerned; and

(c)specify the addresses at which copies of the draft plan may be inspected and, on payment of the prescribed fee, purchased; and

(d)invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and

(e)specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph (a)(i)) by which submissions may be made to the authority.

45Preparation of final planWhen preparing a final management plan, the authority must consider all submissions properly made to the authority.46Submission of final plan etc. to Ministerial CouncilOn preparation of a final management plan, the authority must give—

(a)a copy of the plan; and

(b)a report on the submissions properly made to it in relation to the draft management plan;

to the Ministerial Council.47Approval of final plan(1)A final management plan does not have effect until approved by the Governor in Council.(2)An approval under subsection (1) may be made only on the recommendation of the Ministerial Council.(3)A final management plan is subordinate legislation.(4)The authority must—

(a)keep the approved plan open for inspection by members of the public during office hours on business days at—

(i)the authority’s office; and

(ii)such other places as the authority considers appropriate; and

(b)on payment of the prescribed fee by a person, give a copy of the approved plan to the person.

s 47 amd 1995 No. 40s 2848Compliance with plans 48 om 1995 No. 40s 2949Plans prevail over planning schemesIf there is any inconsistency between a management plan and a planning scheme (whether made before or after the plan), the plan prevails over the planning scheme to the extent of the inconsistency.50Local authorities’ decisions to be consistent with management plansA local authority must not issue or give any approval, consent, permit or other authority, in relation to a development on land in the wet tropics area, that is inconsistent with a management plan.51Inconsistency between plans(1)If, in relation to an area, there is any inconsistency between a management plan for the area and a conservation plan under the Nature Conservation Act 1992 for the area, the Minister must determine, by written notice, which plan is to prevail to the extent of the inconsistency.(2)In making the determination, the Minister must have regard to the following matters—

(a)the protection of the area’s natural heritage;

(b)the protection of the biological diversity of the area’s native wildlife and its habitat;

(c)any other aspects of the public interest that the Minister considers relevant (including financial considerations).

(3)Subsection (2) does not limit the matters to which the Minister may have regard in making the determination.(4)To remove any doubt, subsection (1) does not affect any rights that Aboriginal people have in relation to native wildlife under another Act.(5)A notice under subsection (1) is subordinate legislation.52Amendment of plans(1)The Governor in Council may amend a management plan by a subsequent management plan only if the procedures applying to the preparation and approval of plans under this part (other than sections 42 (Notice of proposal to prepare draft plan) and 43 (Preparation of draft plan)) are followed.(2)However, subsection (1) does not apply to the amendment of a management plan to—

(a)correct an error in the plan; or

(b)make a change (other than a change of substance) in the plan; or

(c)if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type.

s 52 amd 1995 No. 40s 3053Review of plans(1)The authority must review the operation of each management plan—

(a)no later than 10 years after its approval; and

(b)before the end of each subsequent period of 10 years after its approval.

(2)The procedures applying to the preparation and approval of plans under this part apply to the review of plans with any necessary modifications and any modifications prescribed by regulation.s 53 amd 2005 No. 53s 15654Compensation(1)Subject to subsections (2) and (3), if a land-holder’s interest in land is injuriously affected by a restriction or prohibition imposed under a management plan on the land-holder’s existing use of the land, the land-holder is entitled to be paid by the authority such reasonable compensation because of the restriction or prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.(2)The land-holder’s interest in the land is not injuriously affected if the restriction or prohibition under the management plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the plan.(3)Compensation is not payable if compensation has already been paid in respect of—

(a)the restriction or prohibition; or

(b)a restriction or prohibition to the same effect.

(4)A claim for compensation must be lodged with the authority within 6 months after the approval of the management plan or such longer period as the authority or the Land Court in special circumstances allows.(5)In making a determination, the Land Court must have regard to the following matters—

(a)the capacity of the land to sustain the use;

(b)any change in the value of the land because of the approval of the management plan;

(c)any change in the profitability of the land because of the approval of the plan;

(d)any cooperative management agreement with the land-holder.

(6)Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination.(7)In this section—existing use of land means a lawful use made, or a use that could lawfully be made as of right, of the land immediately before the commencement of the management plan that restricts or prohibits the use.land-holder includes a person having an interest in land.Part 4Prohibited practices55Use of prohibited words(1)A person must not, without the prior written consent of the authority, use prohibited words in connection with a business, trade, profession or occupation.(2)A person must not use words in relation to an area that is not part of the wet tropics area in a way that is likely to cause another person to reasonably believe that the area is part of the wet tropics area.(3)In this section—prohibited words means—

(a)‘Wet Tropics of Queensland World Heritage’; or

(b)‘Wet Tropics World Heritage Area’; or

(c)any other words prescribed by regulation.

56Prohibited acts(1)A person must not do, or attempt to do, a prohibited act in relation to land within the Wet Tropics Area, unless the person is the holder of a licence, permit or other authority—

(a)issued or given by the Authority under a regulation; or

(b)issued or given under the Mineral Resources Act 1989; or

(c)issued or given by the Governor in Council under another Act.

Maximum penalty—3,000 penalty units, imprisonment for 2 years or both.(2)To remove any doubt, subsection (1) does not affect any rights that Aboriginal people have in relation to forest products under another law.(3)In this section—prohibited act means—

(a)in relation to a forestry operation—

(i)destroying a forest product; or

(ii)constructing or establishing a road or vehicular track; or

(iii)carrying out any excavation works; or

(b)destroying a forest product, unless exempted under a regulation; or

(c)another act prescribed by regulation to be a prohibited act.

57Compensation(1)Subject to subsections (2) and (3), if a land-holder’s interest in land is injuriously affected by a prohibition under section 56, the land-holder is entitled to be paid by the authority such reasonable compensation because of the prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court.(2)Compensation is payable only if the prohibition is a prohibited act merely because of paragraph (b) or (c) of the definition prohibited act in section 56.(3)Compensation is not payable if compensation has already been paid in respect of—

(a)the prohibition; or

(b)a similar prohibition.

(4)A claim for compensation must be lodged with the authority within 6 months after the prohibition starts or such longer period as the authority or Land Court in special circumstances allows.(5)In making a determination, the Land Court must have regard to the following matters—

(a)the capacity of the land to sustain the prohibited act;

(b)any change in the value of the land because of the prohibition;

(c)any change in the profitability of the land because of the prohibition;

(d)any cooperative management agreement with the land-holder.

(6)Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination.(7)In this section—land-holder includes a person having an interest in land.Part 5Administration58Appointment, and terms of appointment, of authorised officers(1)The Minister may appoint any of the following persons to be authorised officers—

(a)an officer or employee of the authority;

(b)an officer of the public service;

(c)an employee of the department;

(d)with the person’s consent, another person.

(2)The Minister may appoint a person to be an authorised officer only if—

(a)in the Minister’s opinion, the person has the necessary expertise or experience to be an authorised officer; or

(b)the person has satisfactorily completed an appropriate course of training approved by the Minister.

(3)An authorised officer appointed under subsection (1)(a), (b) or (c) holds office subject to the conditions specified in the instrument of appointment.(4)An authorised officer appointed under subsection (1)(d)—

(a)holds office for the period, and on the conditions, specified in the instrument of appointment; and

(b)may resign by signed notice given to the Minister.

(5)An authorised officer ceases to hold office—

(a)if the officer was appointed under subsection (1)(a)—if the officer ceases to be an officer or employee of the authority; or

(b)if the officer was appointed under subsection(1)(b)—if the officer ceases to be an officer of the public service; or

(c)if the officer was appointed under subsection (1)(c)—if the officer ceases to be an employee of the department; or

(d)if the officer was appointed under subsection (1)(d)—if the officer resigns, or is removed from, office.

59Powers of authorised officers(1)An authorised officer appointed under section 58(1)(a), (b) or (c) has, in relation to the wet tropics area—

(a)the powers given under this or another Act; and

(b)such other powers as may be prescribed by regulation.

(2)An authorised officer appointed under section 58(1)(d) has, in relation to the wet tropics area—

(a)the powers of an authorised officer under section 74; and

(b)such other powers as may be prescribed by regulation.

60Conservation officers to be authorised officersAll conservation officers under the Nature Conservation Act 1992 are, by virtue of their office, authorised officers, and have the same powers as authorised officers appointed under section 58(1)(a).61Identity cards(1)The Minister must issue an identity card to each authorised officer other than an authorised officer of a prescribed class.(2)The identity card must—

(a)contain a recent photograph of the authorised officer; and

(b)be in a form approved by the Minister; and

(c)be signed by the officer.

(3)A person who ceases to be an authorised officer must not, without reasonable excuse, fail to return the person’s identity card to the authority as soon as practicable after ceasing to be an authorised officer.Maximum penalty for subsection (3)—50 penalty units.62Proof of authorityAn authorised officer may exercise a power in relation to a person only if the officer first produces his or her identity card for inspection by the person.63Annual report(1)The authority must, within 3 months after the end of each financial year, give to the Minister and the Commonwealth a report on—

(a)the administration of this Act during the year; and

(b)financial statements for the year; and

(c)the state of the wet tropics area.

(2)The Minister must lay a copy of the report before the Legislative Assembly within 14 sitting days after its receipt by the Minister.64Budget(1)The authority must prepare a draft budget for each financial year showing—

(a)estimates of receipts and expenditure for the year; and

(b)the purposes of estimated expenditure.

(2)The authority must submit the draft budget to the Ministerial Council for approval within the time, and in the form, required by the Ministerial Council.(3)The Ministerial Council must approve the draft budget (with or without modifications) within 60 days after the draft budget is submitted to it.(4)If the Ministerial Council does not approve the authority’s draft budget for a financial year under subsection (3), the draft budget submitted by the authority is taken to be approved by the Ministerial Council.(5)Subject to any financial agreement between the State and the Commonwealth, the authority must observe the budget approved under subsection (3) or (4).65Delegation by MinisterThe Minister may delegate to an officer of the public service the Minister’s powers under this Act.66Records to be maintained by registrar(1)The registrar must maintain records in relation to private land within the wet tropics area.(2)The records must show—

(a)that the private land is subject to the prohibitions under section 56; and

(b)in relation to private land that is subject to a management plan—that the land is subject to the management plan.

(3)The registrar must maintain the records in such a way that a search of the register maintained by the registrar under any Act relating to the private land will show that the land is subject to—

(a)the prohibitions; and

(b)if subsection (2)(b) applies—the management plan.

(4)The registrar must, within 14 days after—

(a)the repeal of a management plan over private land; or

(b)the removal of private land from the operation of a management plan;

remove the particulars of the land from the registrar’s records.Part 6Investigation and enforcement67Power to stop and search vehicles etc.(1)In this section—person in control of a vehicle includes—

(a)the driver of the vehicle; and

(b)the person in command of the vehicle; and

(c)the person who appears to be in control or command of the vehicle.

vehicle includes a boat or an aircraft.(2)This section applies if an authorised officer suspects on reasonable grounds that—

(a)a vehicle is being, or has been, used in the commission of an offence against this Act; or

(b)a vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act.

(3)The authorised officer may, with such assistance and by such force as is necessary and reasonable—

(a)enter or board the vehicle; and

(b)exercise the powers set out in section 70.

(4)If—

(a)the vehicle (not being an aircraft) is moving or about to move; or

(b)the vehicle (being an aircraft) is moving, or about to move, on the ground;

the authorised officer may signal the person in control of the vehicle—

(c)to stop the vehicle; or

(d)not to move the vehicle.

(5)A person must not, without reasonable excuse, disobey a signal under subsection (4) to stop or not to move a vehicle.Maximum penalty—165 penalty units or 1 year’s imprisonment.(6)It is a reasonable excuse for the person to fail to stop or not to move the vehicle if—

(a)to obey immediately the signal would have endangered the person or another person; and

(b)the person obeys the signal as soon as it is practicable to do so.

(7)The authorised officer may require the person in control of the vehicle—

(a)to give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection (3); or

(b)to do both of the following—

(i)bring the vehicle to a specified place;

(ii)remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer’s powers in relation to the vehicle.

(8)A person must not, without reasonable excuse, contravene a requirement under subsection (7).Maximum penalty—165 penalty units or 1 year’s imprisonment.(9)If, while searching the vehicle the authorised officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 69(2) applies to the thing.(10)If, after searching the vehicle the authorised officer believes on reasonable grounds that the vehicle will afford evidence of the commission of an offence against this Act, section 69(2)(a) and (b) apply to the vehicle.68Entry and search—monitoring compliance(1)An authorised officer may, for the purpose of finding out whether this Act is being complied with—

(a)enter any place at any reasonable time of the day or night; and

(b)exercise the powers mentioned in section 70.

(2)An authorised officer may enter a place or exercise a power under subsection (1) only if—

(a)the occupier of the place consents to the entry or exercise of the power; or

(b)a warrant under section 71 authorises the entry or exercise of the power.

69Entry and search—evidence of offences(1)If an authorised officer has reasonable grounds for suspecting that there is in a place a particular thing (the evidence) that may afford evidence of the commission of an offence against this Act, the officer may—

(a)enter the place; and

(b)exercise the powers mentioned in section 70.

(2)If the authorised officer enters the place and finds the evidence—

(a)the officer may seize the evidence; and

(b)the officer may keep the evidence—

(i)for 6 months; or

(ii)if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and

(c)if the evidence is a document—while the officer has possession of the document, the officer—

(i)may take extracts from and make copies of the document; and

(ii)must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer’s possession.

(3)The authorised officer may enter the place, or exercise a power under subsection (1), only if—

(a)the occupier of the place consents to the entry or exercise of the power; or

(b)a warrant under section 72 that was issued in relation to the evidence authorises the entry or exercise of the power.

(4)If, while searching the place under subsection (1) under a warrant under section 72, the authorised officer finds a thing (the secondary evidence) that is not the evidence, then, subject to subsection (5), subsection (2) applies to the secondary evidence as if it were the evidence.(5)Subsection (4) applies only if the authorised officer believes, on reasonable grounds, that—

(a)the secondary evidence will afford evidence of the commission of—

(i)the offence mentioned in subsection (1); or

(ii)another offence against this Act; and

(b)it is necessary to seize the secondary evidence to prevent—

(i)its concealment, loss, death or destruction; or

(ii)its use in committing, continuing or repeating either of the offences.

70General powers in relation to places and vehicles(1)An authorised officer who enters a place, or enters or boards a vehicle, under this part may exercise any of the following powers—

(a)search any part of the place or vehicle;

(b)inspect, examine, photograph or film anything in or on the place or vehicle;

(c)take extracts from, and make copies of, any documents in or on the place or vehicle;

(d)take into or onto the place or vehicle any persons, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place or vehicle;

(e)require—

(i)the occupier of the place; or

(ii)any person in or on the place or vehicle;

to give to the authorised officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d);

(f)the powers mentioned in the following provisions—

(i)section 74 (Power to require name and address);

(ii)section 75 (Power to require answers to questions);

(iii)section 76(1)(b) to (c) (Other powers of authorised officers).

(2)A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1)(e).Maximum penalty—50 penalty units.(3)It is a reasonable excuse for a person to fail—

(a)to answer a question; or

(b)produce a document (other than a document required to be kept by the person under a regulation);

if answering the question, or producing the document, might tend to incriminate the person.(4)An authorised officer who seizes or damages anything under this part must, as soon as practicable, give written notice of the particulars of the thing or damage.(5)The notice must be given to—

(a)for a seizure—the person from whom the thing was seized; or

(b)for injury or damage—the person who appears to the authorised officer to be the owner of the thing.

(6)This section does not limit any power that an authorised officer has apart from this section.(7)In this section—vehicle includes a boat and an aircraft.71Monitoring warrants(1)An authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes).(2)Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is necessary and reasonable that the authorised officer should have access to the place for the purpose of finding out whether this Act is being complied with.(3)If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.(4)The warrant must—

(a)authorise the authorised officer, with such assistance and by such force as is necessary and reasonable—

(i)to enter the place; and

(ii)to exercise the powers set out in section 70(1)(a) to (e); and

(b)state whether the entry is authorised to be made—

(i)at any reasonable time of the day or night; or

(ii)only during specified reasonable hours of the day or night; and

(c)specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and

(d)state the purpose for which the warrant is issued.

72Offence related warrants(1)An authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place.(2)Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in or on the place a particular thing that may afford evidence of the commission of an offence against this Act.(3)If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires.(4)The warrant must—

(a)authorise the authorised officer, with such assistance and by such force as is necessary and reasonable—

(i)to enter the place; and

(ii)to exercise the powers set out in section 70(1)(a) to (e); and

(iii)to seize a specified thing; and

(b)state whether the entry is authorised to be made—

(i)at any time of the day or night; or

(ii)only during specified hours of the day or night; and

(c)specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and

(d)state the purpose for which the warrant is issued.

73Warrants may be issued by various forms of communication(1)If an authorised officer considers it necessary to do so because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the officer’s remote location;

the officer may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section 71 or 72.(2)Before applying for the warrant, the authorised officer must prepare an information of the kind mentioned in section 71(2) or 72(2) that sets out the grounds on which the issue of the warrant is sought.(3)If it is necessary to do so, an authorised officer may apply for the warrant before the information has been sworn.(4)If the magistrate—

(a)after having considered the terms of the information; and

(b)after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought;

is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may, under section 71 or 72, complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section.(5)If the magistrate completes and signs the warrant, the magistrate must—

(a)immediately send a copy of the warrant to the authorised officer by facsimile; or

(b)if it is not reasonably practicable to do so—

(i)tell the officer what the terms of the warrant are; and

(ii)tell the officer the day and time when the warrant was signed; and

(iii)record on the warrant the reasons for granting the warrant.

(6)If the magistrate takes the action mentioned in subsection (5)(b), the authorised officer must—

(a)complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and

(b)write on the form of warrant—

(i)the name of the magistrate; and

(ii)the day and time when the magistrate signed the warrant.

(7)The authorised officer must also send to the magistrate—

(a)the information mentioned in subsection (2), which must have been properly sworn; and

(b)if a form of warrant was completed by the authorised officer under subsection (6)—the completed form of warrant.

(8)A document mentioned in subsection (7) must be sent—

(a)not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or

(b)if it is not practicable to comply with paragraph (a)—as soon as practicable after the day mentioned in the paragraph.

(9)When the magistrate receives the documents mentioned in subsection (7), the magistrate must—

(a)attach them to the warrant that the magistrate completed and signed; and

(b)deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 71 or 72.

(10)A facsimile copy of a warrant, or a form of warrant properly completed by the authorised officer under subsection (6), is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises.(11)If—

(a)it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and

(b)the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence;

the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.74Power to require name and address(1)This section applies if an authorised officer—

(a)finds a person committing an offence against this Act; or

(b)finds a person who the officer has reasonable grounds for suspecting has committed an offence against this Act; or

(c)believes on reasonable grounds that the name and address of a person is required for the purpose of the administration or enforcement of this Act.

(2)The authorised officer may—

(a)require the person to state the person’s name and address; and

(b)if the officer believes on reasonable grounds that the name and address given by a person is false—require evidence of its correctness.

(3)If the authorised officer makes a requirement under subsection (2), the officer must warn the person that it is an offence against this Act to fail, without reasonable excuse, to comply with the requirement.(4)A person who is required under subsection (2) to state the person’s name or address must not—

(a)without reasonable excuse, fail to comply with the requirement; or

(b)state a false name or address.

Maximum penalty—100 penalty units.(5)A person who is required under subsection (2) to give evidence of the correctness of a name or address must not—

(a)without reasonable excuse, fail to give the evidence; or

(b)give false evidence.

Maximum penalty—100 penalty units.(6)If—

(a)an authorised officer makes a requirement under subsection (2) on a suspicion of a person having committed an offence; and

(b)the person is not proved to have committed the offence;

the person is not guilty of an offence against this section.75Power to require answers to questions(1)If an authorised officer believes on reasonable grounds that a person may be able to provide information relevant to the enforcement of this Act, the officer may require the person to answer a question relevant to the enforcement of this Act.(2)If the authorised officer makes a requirement under subsection (1), the officer must warn the person that it is an offence against this Act—

(a)to fail to answer a question relevant to the enforcement of this Act without reasonable excuse; or

(b)to make a statement that the person knows is false or misleading in a material particular.

(3)A person who is required under subsection (1) to answer a question must not, without reasonable excuse, fail to comply with the requirement.Maximum penalty—100 penalty units.(4)It is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person.(5)If—

(a)an authorised officer makes a requirement under subsection (1) on the basis of a reasonable belief; and

(b)the information is not in fact relevant to the enforcement of this Act;

the person is not guilty of an offence against this section.76Other powers of authorised officers(1)An authorised officer may, for the purposes of this Act, exercise any of the following powers—

(a)enter any land at any reasonable time for the purpose of inspecting the state of the wet tropics area;

(b)require a person to produce to the officer—

(i)any licence, permit or other authority held by the person under a regulation; or

(ii)any document required to be kept by the person under a regulation;

(c)inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (b).

(2)Before exercising the power mentioned in subsection (1)(a), an authorised officer must—

(a)obtain, or, in urgent circumstances, take all reasonable steps to obtain, the consent of the land-holder concerned; or

(b)give at least 14 days’ written notice to the land-holder concerned of—

(i)the officer’s intention to enter the land; and

(ii)the proposed purpose in entering the land; and

(iii)the day and time when the officer proposes to enter the land.

(3)In exercising the power mentioned in subsection (1)(a), an authorised officer must take all reasonable steps to ensure that the officer causes as little inconvenience, and does as little damage, as is practicable.(4)An authorised officer—

(a)may keep a document under subsection (1)(c) only for the purpose of taking copies of the document; and

(b)must, as soon as practicable after taking the copies, return the document to the person who produced it.

77Obstruction of authorised officersA person must not, without reasonable excuse, obstruct, hinder or resist, or attempt to obstruct, hinder or resist, an authorised officer in the exercise of a power under this Act.Maximum penalty—100 penalty units.78Compensation(1)A person who incurs any loss or expense—

(a)because of the exercise or purported exercise of a power under this part; or

(b)in complying with a requirement made of the person under this part;

may claim compensation from the State.(2)A payment of compensation may be claimed and ordered—

(a)in an action for compensation brought in a court of competent jurisdiction for the recovery of compensation; or

(b)during a proceeding for a charge under this Act against the person by whom the claim is made.

(3)A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to do so in the circumstances of the particular case.79False or misleading information and documents(1)A person must not—

(a)make a statement to an authorised officer that the person knows is false or misleading in a material particular; or

(b)omit from a statement made to an authorised officer anything without which the statement is, to the person’s knowledge, misleading in a material particular.

Maximum penalty—100 penalty units.(2)A complaint against a person for an offence against subsection (1)(a) or (b) is sufficient if it states that the statement made was false or misleading to the person’s knowledge.(3)A person must not give to an authorised officer a document containing information that the person knows is false, misleading or incomplete in a material particular.Maximum penalty—100 penalty units.(4)Subsection (3) does not apply to a person if, when the person gives the document to the authorised officer, the person—

(a)indicates to the officer that the document is false, misleading or incomplete; and

(b)indicates the respect in which the document is false, misleading or incomplete; and

(c)gives the correct information to the officer if the person has, or can reasonably obtain, the correct information.

80Impersonation of authorised officerA person must not pretend to be an authorised officer.Maximum penalty—50 penalty units.Part 7Legal proceedings81Evidentiary provisions(1)This section applies to any proceeding under or in relation to this Act.(2)It is not necessary to prove the appointment of an authorised officer or the authority of an authorised officer to do any act under this Act.(3)A signature purporting to be that of the executive director or an authorised officer is evidence of the signature it purports to be.(4)A certificate purporting to be signed by the executive director stating that—

(a)a specified document is a copy of a notice, order, licence, permit or other authority issued or given under this Act; or

(b)on a specified day, or during a specified period, a specified person was or was not the holder of a licence, permit or other authority issued or given under a regulation or another Act; or

(c)a licence, permit or other authority was or was not issued or given for a specified term, or was or was not subject to specified conditions; or

(d)on a day mentioned in the certificate, a specified person was given a notice under this Act;

is evidence of the matter stated in the certificate.(5)A statement in a complaint starting the proceeding of any of the following matters is evidence of the matters—

(a)that the matter of the complaint came to the knowledge of the complainant on a specified day;

(b)that the place where the offence was committed was in a specified zone in the wet tropics area.

82Proceedings for offences(1)A proceeding for an offence against section 56 (Prohibited acts) may be taken—

(a)by way of summary proceedings under the Justices Act 1886; or

(b)on indictment;

at the election of the prosecution.(1A)An offence against section 56 is a misdemeanour.(2)Any other offence against this Act is punishable summarily.(3)Subject to subsection (4), a proceeding—

(a)with a view to the summary conviction of a person on a charge of an offence against section 56; or

(b)for an examination of witnesses in relation to such a charge;

must be before a magistrate.(4)If a proceeding for an offence against section 56 is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991.(5)A proceeding for an offence by way of summary proceeding under the Justices Act 1886 must start within 1 year after—

(a)the commission of the offence; or

(b)the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence;

whichever is the later.(6)If—

(a)a person charged with an offence against section 56, in respect of which a proceeding is taken by way of summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or

(b)the magistrate hearing and determining a charge of an offence against section 56 is of the opinion that the charge ought to be prosecuted on indictment;

the magistrate—

(c)must not hear and determine the charge summarily; and

(d)must proceed by way of an examination of witnesses in relation to an indictable offence.

(7)If a magistrate acts under subsection (6)—

(a)any plea of the person charged at the start of the proceeding must be disregarded; and

(b)any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and

(c)before committing the person for trial or sentence the magistrate must make a statement to the person in accordance with section 104(2)(b) of the Justices Act 1886.

(8)The maximum penalty that may be imposed for a summary conviction of an offence against section 56 is 165 penalty units or 1 year’s imprisonment.s 82 amd 2003 No. 96s 28 sch83Court may order costs of rehabilitation or restorationOn conviction of a person for an offence against this Act, the court may order the person to pay to the State such amount as it considers appropriate for, or towards, the cost of rehabilitation or restoration of the wet tropics area because of the offence.84Penalties payable to consolidated fundAll penalties ordered to be paid in relation to offences against this Act must be paid into the consolidated fund.Part 8Miscellaneous85Regulations(1)The Governor in Council may make regulations for the purposes of this Act.(2)A regulation may be made with respect to any of the following matters—

(a)the use of land in the wet tropics area;

(b)activities in the wet tropics area;

(c)access to the wet tropics area by persons or animals;

(d)the removal from the wet tropics area of—

(i)trespassers; or

(ii)persons who are believed on reasonable grounds to have contravened this Act;

(e)the presence and use of vehicles and boats in, and the flight of aircraft over, the wet tropics area;

(f)the impounding, removal and disposal of vehicles, boats, aircraft or property—

(i)found in the wet tropics area in contravention of a regulation; or

(ii)found abandoned in the wet tropics area;

(g)the taking of soil, gravel, animals or plants into, or out of, the wet tropics area and the impounding, removal, destruction or disposal of animals found straying in the wet tropics area;

(h)offences under a regulation or management plan for which a notice may be given to an offender or affixed in or on any place advising that a prescribed penalty may be paid for any such offence without involving court proceedings;

(i)requiring environmental impact assessments, studies or reports in relation to developments in the wet tropics area;

(j)giving effect to, and enforcing compliance with, management plans;

(k)the matters for which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any unpaid amount of fees, costs and charges;

(l)exemption from compliance with provisions of a regulation or a management plan;

(m)reconfiguring a lot in the wet tropics area;

(n)prescribing offences for contraventions of a regulation and fixing a maximum penalty of a fine of not more than 165 penalty units for such a contravention.

(3)Without limiting subsection (2)(e), a regulation may—

(a)provide, in relation to a contravention of a provision of a regulation relating to the presence or use of vehicles in the wet tropics area, that the owner of the vehicle (whether or not the owner was in charge of the vehicle at the relevant time) is taken to have committed an offence against the provision contravened; and

(b)define who is the owner of the vehicle for the purpose of the regulation.

s 85 amd 2007 No. 56s 4887Meaning of former authorities in this Parts 87 om 20 December 1995 RA s 3888Application of Part 3s 88 amd 1994 No. 62s 223sch 3 (retro)om 20 December 1995 RA s 3889Authority to notify Registrar of private lands in Wet Tropics Areas 89 om 20 December 1995 RA s 3890Transitional regulationss 90 om 20 December 1995 RA s 3891Executive director and staffs 91 om 20 December 1995 RA s 38Part 10TRANSITIONAL PROVISIONSpt 10 hdg om 20 December 1995 RA s 38Schedule 1Management scheme intergovernmental agreement for the Wet Tropics of Queensland World Heritage Areaschedule 3, definition agreementBackgroundThe broad basis for the establishment of a management scheme for the Wet Tropics of Queensland World Heritage Area was the Agreement signed by the Prime Minister and the Premier of Queensland in November 1990. This Agreement sets out broad structural and funding arrangements for the management scheme.The Wet Tropics World Heritage Protection and Management Act 1993 (Queensland) was subsequently developed in close cooperation with the Commonwealth and commenced (with the exception of ss.56 and 57) on 1 November 1993. Complementary Commonwealth legislation, Wet Tropics of Queensland World Heritage Area Conservation Act 1994 (Commonwealth) commenced on 15 March 1994.Apart from the development of legislation, a number of other changes necessitate updating of the original Agreement. These include changes to public service arrangements in Queensland, practical arrangements which have evolved in relation to the management of the Area and the expiry of the three year period to which some of the initial funding arrangements applied.As the original Agreement forms a schedule to the Queensland Act, and is referred to in the Commonwealth Act, it is important that it be updated to reflect both practical and statutory realities.Primary GoalTo provide for the implementation of Australia’s international duty for the protection, conservation, presentation, rehabilitation and transmission to future generations of the Wet Tropics of Queensland World Heritage Area within the meaning of the World Heritage Convention.Structure of the Management SchemeThe elements of the management scheme are the—

•Ministerial Council, consisting of Commonwealth and State Ministers;

•Wet Tropics Management Authority consisting of a Board of Directors, an Executive Director and staff; and

•Community Consultative Committee, the Scientific Advisory Committee and such other advisory committees as the Authority considers appropriate.

With the exception of the Ministerial Council, all of these elements are established under the Queensland Act.Wet Tropics Ministerial CouncilThe joint Ministerial Council will comprise four members, with two members each nominated by the Commonwealth and Queensland. The Ministerial Council will be chaired by the Minister administering the Queensland Act (a Queensland Minister).The Executive Director of the Wet Tropics Management Authority will be Secretary to the Ministerial Council.A quorum shall be one Minister from each Government and the Council will meet at least once a year.The Ministerial Council’s function shall be to co-ordinate policy and funding for the Wet Tropics of Queensland between the Commonwealth and Queensland Governments at a Ministerial level and, where appropriate, to liaise with the Management Authority and the Board of Directors.The Ministerial Council—

•shall nominate the Chairperson of the Board of the Authority for appointment under the Queensland Act by the Queensland Governor in Council;

•shall consult with the Board of the Authority and the Queensland Minister on the appointment of the Executive Director of the Authority;

•shall co-ordinate policy and funding for Wet Tropics management between the two Governments;

•shall recommend to the Queensland Governor in Council approval of management plans under the Queensland Act;

•shall approve annual and other programs for implementing approved management plans;

•may recommend financial appropriations from the respective Governments;

•shall approve or amend and approve draft budgets submitted by the Authority within 60 days of the submission being made; and

•may approve Authority annual reports for transmission to both Parliaments.

Wet Tropics Management AuthorityThe Wet Tropics Management Authority is a statutory body under the Queensland Act. The Authority has a Board of Directors, an Executive Director and staff.Board of DirectorsThe Board will comprise six directors. The Chairperson shall be appointed on the nomination of the Ministerial Council. Two directors shall be appointed on the nomination of the Commonwealth and two on the nomination of the State. The Executive Director of the Authority is also a director of the Board but does not have any voting rights. Other than the Executive Director, directors shall be appointed by the Queensland Governor in Council.The appointment of a director is for a term of up to three years. A director is eligible for reappointment unless the director has completed six consecutive years as a director. A director nominated by the Commonwealth or the Ministerial Council may be removed from office only after consultation with the Commonwealth or the Ministerial Council respectively.Persons appointed to the Board shall have qualifications or extensive experience in a field related to the Authority’s functions, and shall not be officers of the public service of the Commonwealth or the State.Under the Commonwealth Act at least one of the Commonwealth’s nominees must be an Aboriginal person.The Commonwealth and Queensland will consult on their nominees prior to appointment by the Queensland Governor in Council.The Board is responsible for the way in which the Authority performs its functions and exercises its powers. It is the Board’s role to decide the objectives, strategies and policies to be followed by the Authority and to ensure that the Authority performs its functions in a proper, effective and efficient way.The Board may delegate its powers to an advisory committee, a director or an officer or employee of the Authority. The Board may not delegate its powers in relation to management plans or the submission of draft budgets to Ministerial Council.The Management Authority is subject to the Ministerial Council and will report, via its Chair, to the Council. In the absence of a properly appointed Board at any time, such reporting shall be through the Authority’s Executive Director as Secretary to Council.The Board shall meet at least four times per year. Authority resolutions and recommendations to Ministerial Council shall be made through a majority vote. The Chair shall have a casting vote as well as a deliberative vote.Where circumstances necessitate, it shall be acceptable for the Chair of the Board, in consultation with the Executive Director, to make recommendations to the Ministerial Council on behalf of the Authority. The Secretary to the Ministerial Council may, under specific direction of the Council or Council members, present material or make recommendations directly to Council.ObserversOne official from each of the portfolios represented on Ministerial Council may attend Board meetings as an observer. These officials will be nominated by the respective Ministers of those portfolios. Chairpersons of the Community Consultative Committee and the Scientific Advisory Committee may also attend Board meetings as observers. Observers will not have voting rights.Authority’s Powers and FunctionsThe Authority’s paramount function will be the responsibility for achieving the primary management goal—the implementation of Australia’s international obligations for the Area under the World Heritage Convention.The Authority’s functions are to—

•develop and implement policies and programs in relation to the management of the Wet Tropics Area;

•formulate performance indicators for the implementation of policies and programs approved by the Ministerial Council;

•advise and make recommendations to the Queensland Minister and the Ministerial Council in relation to the management of the Area and Australia’s obligations under the World Heritage Convention;

•prepare and ensure the implementation of management plans for the Area;

•administer funding arrangements in relation to the Area;

•enter into, and facilitate the entering into, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the Area and other persons;

•enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the Area;

•gather, research, analyse and disseminate information on the Area;

•develop public and community education programs in relation to the Area;

•promote the Area locally, nationally and internationally;

•liaise with the Governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies;

•monitor the state of the Area; and

•advise and report to the Queensland Minister and the Ministerial Council on the state of the Area.

The functions of the Authority to advise, report to and make recommendations to the Minister and the Ministerial Council may be performed by the Authority on request or on its own initiative.A cooperative management Agreement may make provision for financial, scientific, technical or other assistance in relation to the management of the Area.The Authority must perform its functions in a way that is consistent with the protection of the natural heritage values of the Area. Subject to this requirement, in performing its functions, the Authority must, as far as practicable, have regard to the Aboriginal tradition of, and liaise and cooperate with, Aboriginal people particularly concerned with land in the Area.Subject to performing its functions in a way which is consistent with the protection of the natural heritage values of the Area, the Authority must, as far as practicable, also perform its functions in a way that is consistent with the objectives and principles of the National Strategy for Ecologically Sustainable Development and with the Intergovernmental Agreement on the Environment.The Area is large and extremely complex in terms of tenure and use. Some people live in the Area and many live near to it. Many people and groups visit the Area, have a legitimate stake in its management, and a potentially profound effect on its future. The Authority will be mindful of this in meeting the primary goal.In this context the Authority will work in partnership with the community as a means of building a sense of ownership and sharing both the benefits and burdens of sound management. In particular, the Authority will consult with the community, both through its committees and directly and extensively on matters with significant community impact, such as management plans.The Authority will also endeavour, through its policies, programs and consultation, to meet the spirit of the World Heritage Convention by giving the Area a role in the life of the community.A high priority function of the Authority will be the development of comprehensive statutory management plans for the Area which fully address Australia’s international obligations.As an important mechanism for protecting the Area and ensuring Australia’s international obligations are met, the Authority will also be responsible for ensuring that otherwise prohibited activities are permitted only under appropriate circumstances.Executive DirectorThe Executive Director is to be appointed under the Public Service Management and Employment Act 1988 (Queensland) after consultation between the Ministerial Council and the Board.The Executive Director is, under the Board, to manage the Authority. Anything done in the name of, or on behalf of, the Authority by the Executive Director is taken to have been done by the Authority.The Executive Director is a director of the Board and may (subject to disclosure of interests as appropriate) take part in any of the Board’s deliberations but has no voting rights at a meeting of the Board. The Executive Director holds the position of Secretary to the Ministerial Council. The Executive Director of the Authority shall identify a suitable senior member of Authority staff to function as Secretary to the Authority.The Executive Director will develop, co-ordinate, implement and monitor, subject to the approval of the Board and the Ministerial Council, policies, plans and programs in order to meet the primary goal.Performance appraisal of the Executive Director shall be the responsibility of the Board. The Board may undertake performance appraisal itself or through contractual arrangements with the Department administering the Queensland Act or other suitable Department.The principal functions and responsibilities of the Executive Director shall be in accordance with the Authority’s functions, as set out above.In addition, the Executive Director will be responsible for—

•managing the Authority under the Board;

•administering the Queensland Act and any relevant regulations in force;

•coordinating all secretariat and operational support for the Ministerial Council, Board and official Committees;

•involving the community in the management of the World Heritage Area;

•liaising with Government agencies and Local Government authorities whose responsibilities affect or are affected by the management of the Area;

•liaising with Aboriginal people particularly concerned with the land;

•preparing and maintaining a comprehensive database of management related information concerning all aspects of the Area;

•developing mechanisms for facilitating and enhancing the appreciation and enjoyment of the Area by the public at large;

•directing all activities of Authority staff;

•exercising powers under relevant legislation including delegated powers from the Ministerial Council or from the Board; and

•preparing an annual report for the Board and the Ministerial Council.

Staff of the AuthorityStaff of the Authority will be employed under Queensland legislation, and will be designated as staff of the Authority, and not staff of any other Government body.Commonwealth, Queensland or other State public servants may be seconded to the Authority.Staff employed by the Authority will be selected and appointed in accordance with Queensland Public Sector Management Commission procedures.The Authority will establish supporting technical and administrative links with the Department administering the Queensland Act and/or other suitable Departments insofar as this is necessary to implement the primary goal.The Authority will have sufficient staff with appropriate specialist expertise to ensure implementation of Australia’s international obligations under the World Heritage Convention.Advisory CommitteesThe Authority will establish a Community Consultative Committee and a Scientific Advisory Committee.The Authority should ensure advisory Committees are broadly representative of their respective communities and able to channel information and opinion effectively between the community and the Board. In particular, the Authority should ensure that Aboriginal interests are adequately represented on each of its mandatory Committees.The Authority should, within its human resource and budget constraints, provide adequate resources to its Committees to enable them to function effectively.The Committees shall report through their chairpersons to the Board of the Authority. Chairpersons of mandatory committees or their delegates shall be invited to attend Board meetings as observers. Chairpersons of other Authority committees shall be invited to attend Board meetings at the discretion of the Board.Community Consultative CommitteeThe function of the Community Consultative Committee shall be to advise the Authority on the views of the community on the Authority’s policies and programs in relation to the Wet Tropics Area. In addition, the Community Consultative Committee shall disseminate information provided at Committee meetings on matters concerning—

•the attitudes of the various communities of interest to management objectives, plans, policies and actions undertaken by the Authority;

•provision of essential services to communities within and adjacent to the Area;

•provision for acceptable use of the Area compatible with maintaining World Heritage values and integrity; and

•the relationship of non-government agencies to the Authority.

Members of the Community Consultative Committee will have a duty to seek the views of the communities of interest that they represent on relevant issues. Committee members will be expected to advance the views of the community of interest they represent, to the best of their ability and knowledge, rather than their own personal views.Committee members and especially the chairperson of the Committee will normally be chosen from among residents of northern Queensland. Where public servants are appointed, they will participate in their private capacity.Scientific Advisory CommitteeThe function of the Scientific Advisory Committee shall be to advise the Authority on scientific research that will contribute to the protection and conservation of the Area and scientific developments relevant to the protection or conservation of the Area. In addition, the Scientific Advisory Committee shall provide advice on—

•scientific research and monitoring priorities which will contribute to the protection, conservation, rehabilitation and presentation of the Area;

•new information or developments in science relevant to protection, conservation or presentation of the Area;

•scientific basis of management principles and practices;

•appropriateness of research proposed for approval by the Authority and other relevant agencies in terms of scope, quality and relevance to management of the Area;

•maintenance of World Heritage values and integrity of the Area; and

•impacts of proposed developments on the World Heritage values of the Area.

The Scientific Advisory Committee will have powers to co-opt specialist advice.Other CommitteesThe Authority may establish such other committees as it considers appropriate. The Authority may specify the functions of such committees, which may include advising the Authority on the suitability of management plans, or on matters generally relating to the management of the Area (including its management having regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the Area).On Ground ManagementDay to day land management operations including conservation, protection, rehabilitation and interpretation will be coordinated by the Authority, and generally carried out by land-holders and land managers including relevant Queensland agencies. Government agencies will carry out such management in accordance with plans, programs and policies approved by the Ministerial Council. The Authority will do everything in its power to ensure that non-Government land-holders and managers also manage in accordance with such plans, programs and policies.Coordination of on-ground management operations of Queensland Government agencies will be undertaken through a principal agencies' forum. This will comprise senior regional officers from the Queensland Departments of Environment and Heritage, Primary Industries (Forest Service) and Lands, and other Queensland Government agencies at the discretion of the Executive Director of the Authority. This forum will be chaired by the Executive Director.The Authority will undertake monitoring of the effectiveness of on-ground operations with reference to Ministerial Council policy and the primary management goal of implementing Australia’s international obligations under the World Heritage Convention, and report on these to the Ministerial Council.Management PlansThe Authority must prepare a management plan for the entire Area (the Wet Tropics Plan) as soon as practicable after the commencement of the Act. The Authority is also empowered to prepare such other management plans as it considers appropriate. A management plan may divide the area in respect of which it is made into management zones.The Authority must undertake public consultation during the development of management plans and draft plans must be exhibited for public comment. When preparing a draft or final management plan the Authority must consider all submissions properly made to it. The Authority must give a copy of the final plan and a report on all submissions properly made in relation to the plan to the Ministerial Council.The Queensland Governor in Council may, by regulation, approve a final management plan prepared by the Authority. The approval of the Governor in Council may be made only on the recommendation of the Ministerial Council.The Authority must review the operation of each management plan not later than seven years after its approval.The preparation, implementation and review as required of the Wet Tropics Plan and such other plans as it considers necessary will be a high priority for the Authority.Management plans will take full account of Australia’s international obligations, will be based on a comprehensive data base of management-oriented information, and will incorporate recognised scientific and conservation principles.Management plans will prevail over Local Government planning schemes to the extent of any inconsistency. A local authority must not issue or give any approval, consent, permit or other authority, in relation to a development on land in the Area, that is inconsistent with a management plan.Prohibited ActsA person must not do or attempt to do a prohibited act in relation to land within the Area unless the person is the holder of a licence, permit or other authority—

•issued or given by the Authority under a regulation; or

•issued or given under the Mineral Resources Act 1989 (Queensland); or

•issued or given by the Governor in Council under another Queensland Act; or

•issued or given under the Commonwealth World Heritage Properties Conservation Act 1983.

Prohibited acts will include—

•in relation to a forestry operation

(a)destruction of forest products (i.e. a native plant, or part thereof); or

(b)construction or establishment of a road or vehicular track; or

(c)carrying out excavation works; or

•destroying a forest product unless exempted under a regulation.

Legislative ArrangementsThe management scheme will be based on the Queensland Act and the Commonwealth Act.This Agreement is scheduled to the Queensland Act and referred to in the Commonwealth Act. To remove any doubt, the Agreement referred to in each of these Acts is the currently most up-to-date version of this Agreement, notwithstanding any reference in either Act specifically to the original Agreement.Review of Management ArrangementsThe Ministerial Council may conduct reviews at three yearly intervals (or such other period as it deems appropriate) of the effectiveness of the management scheme and this Agreement in meeting the primary goal. The Ministerial Council may agree on changes to the scheme or this Agreement to improve their effectiveness.In conducting any such reviews, the Ministerial Council will have particular regard to—

•progress in the development and implementation of any statutory management plans;

•land tenure issues; and

•other relevant matters drawn to its attention by the Authority and the principal land-holders.

Funding ArrangementsFunding arrangements will continue under an exchange of letters by the State and Commonwealth Environment Ministers until such time that the new Financial Agreement has been signed by those Ministers. Funds will be appropriated to the Authority in accordance with programs and budgets approved by the Ministerial Council.AddressesThe address of the Commonwealth Government for the purposes of the Agreement shall, unless otherwise notified in writing by the Commonwealth to Queensland, be—Secretary Department of the Environment, Sport and Territories GPO Box 787 CANBERRA ACT 2601 The address of the Queensland Government for the purposes of the Agreement shall, unless otherwise notified in writing by Queensland to the Commonwealth, be—Director-General Department of Environment and Heritage PO Box 155 BRISBANE ALBERT STREET QLD 4022Signed for and on behalf of the COMMONWEALTH by:Senator the Hon John Faulkner Minister for the Environment, Sport and Territories)))…………………......in the presence of))…………………......Dated: 15 December 1995Signed for and on behalf of the STATE OF QUEENSLAND by:The Hon Thomas Barton MLA Minister for Environment and Heritage)))…………………......in the presence of))…………………......Dated: 15 December 1995sch 1 sub 2005 No. 53 s 157amd 2005 No. 53 s 159 sch (amdt could not be given effect)Schedule 2World heritage conventionsection 4 (definition World Heritage Convention)Convention for the protection of the world cultural and natural heritageThe General Conference of the United Nations Educational, Scientific and Cultural Organization meeting in Paris from 17 October to 21 November 1972, at its seventeenth session,Noting that the cultural heritage and the natural heritage are increasingly threatened with destruction not only by the traditional causes of decay, but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction,Considering that deterioration or disappearance of any item of the cultural or natural heritage constitutes a harmful impoverishment of the heritage of all the nations of the world,Considering that protection of this heritage at the national level often remains incomplete because of the scale of the resources which it requires and of the insufficient economic, scientific and technical resources of the country where the property to be protected is situated,Recalling that the Constitution of the Organization provides that it will maintain, increase and diffuse knowledge, by assuring the conservation and protection of the world's heritage, and recommending to the nations concerned the necessary international conventions,Considering that the existing international conventions, recommendations and resolutions concerning cultural and natural property demonstrate the importance, for all the peoples of the world, of safeguarding this unique and irreplaceable property, to whatever people it may belong,Considering that parts of the cultural or natural heritage are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind as a whole,Considering that, in view of the magnitude and gravity of the new dangers threatening them, it is incumbent on the international community as a whole to participate in the protection of the cultural and natural heritage of outstanding universal value, by the granting of collective assistance which, although not taking the place of action by the State concerned, will serve as an effective complement thereto,Considering that it is essential for this purpose to adopt new provisions in the form of a convention establishing an effective system of collective protection of the cultural and natural heritage of outstanding universal value, organized on a permanent basis and in accordance with modern scientific methods,Having decided, at its sixteenth session, that this question should be made the subject of an international convention,Adopts this sixteenth day of November 1972 this Convention.I.Definitions of the cultural and the natural heritageArticle 1For the purposes of this Convention, the following shall be considered as cultural heritage:monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science;sites: works of man or the combined works of nature and of man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological points of view.Article 2For the purposes of this Convention, the following shall be considered as natural heritage;natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view;geological and physiographical formations and precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science or conservation;natural sites or precisely delineated natural areas of outstanding universal value from the point of view of science, conservation or natural beauty.Article 3It is for each State Party to this Convention to identify and delineate the different properties situated on its territory mentioned in Articles 1 and 2 above.II.National protection and international protection of the cultural and natural heritageArticle 4Each State Party to this Convention recognizes that the duty of ensuring the identification, protection, conservation, presentation and transmission to future generations of the cultural and natural heritage referred to in Articles 1 and 2 and situated on its territory, belongs primarily to that State. It will do all it can to this end, to the utmost of its own resources and, where appropriate, with any international assistance and co-operation, in particular, financial, artistic, scientific and technical, which it may be able to obtain.Article 5To ensure that effective and active measures are taken for the protection, conservation and presentation of the cultural and natural heritage situated on its territory, each State Party to this Convention shall endeavour, in so far as possible, and as appropriate for each country:

(a)to adopt a general policy which aims to give the cultural and natural heritage a function in the life of the community and to integrate the protection of that heritage into comprehensive planning programs;

(b)to set up within its territories, where such services do not exist, one or more services for the protection, conservation and presentation of the cultural and natural heritage with an appropriate staff and possessing the means to discharge their functions;

(c)to develop scientific and technical studies and research and to work out such operating methods as will make the State capable of counteracting the dangers that threaten its cultural or natural heritage;

(d)to take the appropriate legal, scientific, technical, administrative and financial measures necessary for the identification, protection, conservation, presentation and rehabilitation of this heritage; and

(e)to foster the establishment or development of national or regional centres for training in the protection, conservation and presentation of the cultural and natural heritage and to encourage scientific research in this field.

Article 61Whilst fully respecting the sovereignty of the States on whose territory the cultural and natural heritage mentioned in Articles 1 and 2 is situated, and without prejudice to property rights provided by national legislation, the States Parties to this Convention recognize that such heritage constitutes a world heritage for whose protection it is the duty of the international community as a whole to co-operate.2The States Parties undertake, in accordance with the provisions of this Convention, to give their help in the identification, protection, conservation and preservation of the cultural and natural heritage referred to in paragraphs 2 and 4 of Article 11 if the States on whose territory it is situated so request.3Each State Party to this Convention undertakes not to take any deliberate measures which might damage directly or indirectly the cultural and natural heritage referred to in Articles 1 and 2 situated on the territory of other States Parties to this Convention.Article 7For the purpose of this Convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international co-operation and assistance designed to support States Parties to the Convention in their efforts to conserve and identify that heritage.III.Intergovernmental committee for the protection of the world cultural and natural heritageArticle 81An Intergovernmental Committee for the Protection of the Cultural and Natural Heritage of Outstanding Universal Value, called the World Heritage Committee, is hereby established within the United Nations Educational, Scientific and Cultural Organization. It shall be composed of 15 States Parties to the Convention, elected by States Parties to the Convention meeting in general assembly during the ordinary session of the General Conference of the United Nations Educational, Scientific and Cultural Organisation. The number of States members of the Committee shall be increased to 21 as from the date of the ordinary session of the General Conference following the entry into force of this convention for at least 40 States.2Election of members of the Committee shall ensure an equitable representation of the different regions and cultures of the world.3A representative of the International Centre for the Study of the Preservation and Restoration of cultural Property (Rome Centre), a representative of the International Council of Monuments and Sites (ICOMOS) and a representative of the International Union for Conservation of Nature and Natural Resources (IUCN), to whom may be added, at the request of States Parties to the Convention meeting in general assembly during the ordinary sessions of the General Conference of the United Nations Educational, Scientific and Cultural Organization, representatives of other intergovernmental or non-governmental organizations, with similar objectives, may amend the meetings of the Committee in an advisory capacity.Article 91The term of office of States members of the World Heritage Committee shall extend from the end of the ordinary session of the General Conference during which they are elected until the end of its third subsequent ordinary session.2The term of office of one-third of the members designated at the time of the first election shall, however, cease at the end of the first ordinary session of the General Conference following that at which they were elected; and the term of office of a further third of the members designated at the same time shall cease at the end of the second ordinary session of the General Conference following that at which they were elected. The names of these members shall be chosen by lot by the President of the General Conference of the United Nations Educational, Scientific and Cultural Organization after the first election.3States members of the Committee shall choose as their representatives persons qualified in the field of the cultural or natural heritage.Article 101The World Heritage Committee shall adopt its Rules of Procedure.2The Committee may at any time invite public or private organisations or individuals to participate in its meetings for consultation on particular problems.3The Committee may create such consultative bodies as it deems necessary for the performance of its functions.Article 111Every State Party to this Convention shall, in so far as possible, submit to the World Heritage Committee an inventory of property forming part of the cultural and natural heritage, situated in its territory and suitable for inclusion in the list provided for in paragraph 2 of this Article. This inventory, which shall not be considered exhaustive, shall include documentation about the location of the property in question and its significance.2On the basis of the inventories submitted by States in accordance with paragraph 1, the Committee shall establish, keep up to date and publish, under the title of World Heritage List, a list of properties forming part of the cultural heritage and natural heritage, as defined in Articles 1 and 2 of this Convention, which it considers as having outstanding universal value in terms of such criteria as it shall have established. An updated list shall be distributed at least every two years.3The inclusion of a property in the World Heritage List requires the consent of the State concerned. The inclusion of a property situated in a territory, sovereignty or jurisdiction over which is claimed by more than one State shall in no way prejudice the rights of the parties to the dispute.4The Committee shall establish, keep up to date and publish, whenever circumstances shall so require, under the title of List of World Heritage in Danger, a list of the property appearing in the World Heritage list for the conservation of which major operations are necessary and for which assistance has been requested under this Convention. This list shall contain an estimate of the cost of such operations. The list may include only such property forming part of the cultural and natural heritage as is threatened by serious and specific dangers, such as the threat of disappearance caused by accelerated deterioration, large-scale public or private projects or rapid urban or tourist development projects; destruction caused by changes in the use or ownership of the land; major alterations due to unknown causes; abandonment for any reason whatsoever; the outbreak or the threat of an armed conflict; calamities and cataclysms; serious fires, earthquakes, landslides; volcanic eruptions; changes in water level, floods, and tidal waves. The Committee may at any time, in case of urgent need, make a new entry in the List of World Heritage in Danger and publicize such entry immediately.5The Committee shall define the criteria on the basis of which a property belonging to the cultural or natural heritage may be included in either of the lists mentioned in paragraphs 2 and 4 of this article.6Before refusing a request for inclusion in one of the two lists mentioned in paragraphs 2 and 4 of this article, the Committee shall consult the State Party in whose territory the cultural or natural properly in question is situated.7The Committee shall, with the agreement of the States concerned, co-ordinate and encourage the studies and research needed for the drawing up of the lists referred to in paragraphs 2 and 4 of this article.Article 12The fact that a property belonging to the cultural or natural heritage has not been included in either of the two lists mentioned in paragraphs 2 and 4 of Article 11 shall in no way be construed to mean that it does not have an outstanding universal value for purposes other than those resulting from inclusion in these lists.Article 131The World Heritage Committee shall receive and study requests for international assistance formulated by States Parties to this Convention with respect to property forming part of the cultural or natural heritage, situated in their territories, and included or potentially suitable for inclusion in the lists referred to in paragraphs 2 and 4 of Article 11. The purpose of such requests may be to secure the protection, conservation, presentation or rehabilitation of such property.2Requests for international assistance under paragraph 1 of this article may also be concerned with identification of cultural or natural property defined in Articles 1 and 2, when preliminary investigations have shown that further inquiries would be justified.3The Committee shall decide on the action to be taken with regard to these requests, determine where appropriate, the nature and extent of its assistance, and authorize the conclusion, on its behalf, of the necessary arrangements with the government concerned.4The Committee shall determine an order of priorities for its operations. It shall in so doing bear in mind the respective importance for the world cultural and natural heritage of the property requiring protection, the need to give international assistance to the property most representative of a natural environment or of the genius and the history of the peoples of the world, the urgency of the work to be done, the resources available to the States on whose territory the threatened property is situated and in particular the extent to which they are able to safeguard such property by their own means.5The Committee shall draw up, keep up to date and publicize a list of property for which international assistance has been granted.6The Committee shall decide on the use of the resources of the Fund established under Article 15 of this Convention. It shall seek ways of increasing these resources and shall take all useful steps to this end.7The Committee shall co-operate with international and national governmental and nongovernmental organizations having objectives similar to those of this Convention. For the implementation of its programs and projects, the Committee may call on such organizations, particularly the International Centre for the Study of the Preservation and Restoration of Cultural Property (the Rome Centre), the International Council of Monuments and Sites (ICOMOS) and the International Union for Conservation of Nature and Natural Resources (IUCN), as well as on public and private bodies and individuals.8Decisions of the Committee shall be taken by a majority of two-thirds of its members present and voting. A majority of the members of the Committee shall constitute a quorum.Article 141The World Heritage Committee shall be assisted by a Secretariat appointed by the Director-General of the United Nations Educational, Scientific and Cultural Organization.2The Director-General of the United Nations Educational, Scientific and Cultural Organization, utilizing to the fullest extent possible the services of the International Centre for the Study of the Preservation and the Restoration of Cultural Property (the Rome Centre), the International Council of Monuments and Sites (ICOMOS) and the International Union for Conservation of Nature and Natural Resources (IUCN) in their respective areas of competence and capability, shall prepare the Committee’s documentation and the agenda of its meetings and shall have the responsibility for the implementation of its decisions.IV.Fund for the protection of the world cultural and natural heritageArticle 151A Fund for the Protection of the World Cultural and Natural Heritage of Outstanding Universal Value, called the World Heritage Fund, is hereby established.2The Fund shall constitute a trust fund, in conformity with the provisions of the Financial Regulations of the United Nations Educational, Scientific and Cultural Organization.3The resources of the Fund shall consist of:

(a)compulsory and voluntary contributions made by the States Parties to this Convention,

(b)contributions, gifts or bequests which may be made by:

(i)other States;

(ii)the United Nations Educational, Scientific and Cultural Organization, other organizations of the United Nations system, particularly the United Nations Development Program or other intergovernmental organizations;

(iii)public or private bodies or individuals;

(c)any interest due on the resources of the Fund;

(d)funds raised by collections and receipts from events organized for the benefit of the Fund; and

(e)all other resources authorized by the Fund’s regulations, as drawn up by the World Heritage Committee.

4Contributions to the Fund and other forms of assistance made available to the Committee may be used only for such purposes as the Committee shall define. The Committee may accept contributions to be used only for a certain programme or project, provided that the Committee shall have decided on the implementation of such programme or project. No political conditions may be attached to contributions made to the Fund.Article 161Without prejudice to any supplementary voluntary contribution, the States Parties to this Convention undertake to pay regularly, every two years, to the World Heritage Fund, contributions, the amount of which, in the form of a uniform percentage applicable to all States, shall be determined by the General Assembly of States Parties to the Convention, meeting during the sessions of the General Conference of the United Nations Educational, Scientific and Cultural Organization. This decision of the General Assembly requires the majority of the States Parties present and voting, which have not made the declaration referred to in paragraph 2 of this Article. In no case shall the compulsory contribution of States Parties to the Convention exceed 1% of the contribution to the Regular Budget of the United Nations Educational, Scientific and Cultural Organization.2However, each State referred to in Article 31 or in Article 32 of this Convention may declare, at the time of the deposit of its instruments of ratification, acceptance or accession, that it shall not be bound by the provisions of paragraph 1 of this Article.3A State Party to the Convention which has made the declaration referred to in paragraph 2 of this Article may at any time withdraw the said declaration by notifying the Director-General of the United Nations Educational, Scientific and Cultural Organization. However, the withdrawal of the declaration shall not take effect in regard to the compulsory contribution due by the State until the date of the subsequent General Assembly of States Parties to the Convention.4In order that the Committee may be able to plan its operations effectively, the contributions of States Parties to this Convention which have made the declaration referred to in paragraph 2 of this Article, shall be paid on a regular basis, at least every two years, and should not be less than the contributions which they should have paid if they had been bound by the provisions of paragraph 1 of this Article.5Any State Party to the Convention which is in arrears with the payment of its compulsory or voluntary contribution for the current year and the calendar year immediately preceding it shall not be eligible as a Member of the World Heritage Committee, although this provision shall not apply to the first election. The terms of office of any such State which is already a member of the Committee shall terminate at the time of the elections provided for in Article 8, paragraph 1 of this Convention.Article 17The States Parties to this Convention shall consider or encourage the establishment of national, public and private foundations or associations whose purpose is to invite donations for the protection of the cultural and natural heritage as defined in Articles 1 and 2 of this Convention.Article 18The States Parties to this Convention shall give their assistance to international fund-raising campaigns organized for the World Heritage Fund under the auspices of the United Nations Educational, Scientific and Cultural Organization. They shall facilitate collections made by the bodies mentioned in paragraph 3 of Article 15 for this purpose.V.Conditions and arrangements for international assistanceArticle 19Any State Party to this Convention may request international assistance for property forming part of the cultural or natural heritage of outstanding universal value situated within its territory. It shall submit with its request such information and documentation provided for in Article 21 as it has in its possession and as will enable the Committee to come to a decision.Article 20Subject to the provisions of paragraph 2 of Article 13, sub-paragraph (c) of Article 22 and Article 23, international assistance provided for by this Convention may be granted only to property forming part of the cultural and natural heritage which the World Heritage Committee has decided, or may decide, to enter in one of the lists mentioned in paragraphs 2 and 4 of Article 11.Article 211The World Heritage Committee shall define the procedure by which requests to it for international assistance shall be considered and shall specify the content of the request, which should define the operation contemplated, the work that is necessary, the expected cost thereof, the degree of urgency and the reasons why the resources of the State requesting assistance do not allow it to meet all the expenses. Such requests must be supported by experts' reports whenever possible.2Requests based upon disasters or natural calamities should, by reasons of the urgent work which they may involve, be given immediate, priority consideration by the Committee, which should have a reserve fund at its disposal against such contingencies.3Before coming to a decision, the Committee shall carry out such studies and consultations as it deems necessary.Article 22Assistance granted by the World Heritage Committee may take the following forms:

(a)studies concerning the artistic, scientific and technical problems raised by the protection, conservation, presentation and rehabilitation of the cultural and natural heritage, as defined in paragraphs 2 and 4 of Article 11 of this Convention;

(b)provision of experts, technicians and skilled labour to ensure that the approved work is correctly carried out;

(c)training of staff and specialists at all levels in the field of identification, protection, conservation, presentation and rehabilitation of the cultural and natural heritage;

(d)supply of equipment which the State concerned does not possess or is not in a position to acquire;

(e)low-interest or interest-free loans which might be repayable on a long-term basis;

(f)the granting, in exceptional cases and for special reasons, of non-repayable subsidies.

Article 23The World Heritage Committee may also provide international assistance to national or regional centres for the training of staff and specialists at all levels in the field of identification, protection, conservation, presentation and rehabilitation of the cultural and natural heritage.Article 24International assistance on a large scale shall be preceded by detailed scientific, economic and technical studies. These studies shall draw upon the most advanced techniques for the protection, conservation, presentation and rehabilitation of the natural and cultural heritage and shall be consistent with the objectives of this Convention. The studies shall also seek means of making rational use of the resources available in the State concerned.Article 25As a general rule, only part of the cost of work necessary shall be borne by the international community. The contribution of the State benefiting from international assistance shall constitute a substantial share of the resources devoted to each program or project, unless its resources do not permit this.Article 26The World Heritage Committee and the recipient State shall define in the agreement they conclude the conditions in which a programme or project for which international assistance under the terms of this Convention is provided, shall be carried out. It shall be the responsibility of the State receiving such international assistance to continue to protect, conserve and present the property so safeguarded, in observance of the conditions laid down by the agreement.VI.Educational programsArticle 271The States Parties to this Convention shall endeavour by all appropriate means, and in particular by educational and information programmes, to strengthen appreciation and respect by their peoples of the cultural and natural heritage defined in Articles 1 and 2 of the Convention.2They shall undertake to keep the public broadly informed of the dangers threatening this heritage and of activities carried on in pursuance of this Convention.Article 28States Parties to this Convention which receive international assistance under the Convention shall take appropriate measures to make known the importance of the property for which assistance has been received and the role played by such assistance.VII.ReportsArticle 291The States Parties to this Convention shall, in the reports which they submit to the General Conference of the United Nations Educational, Scientific and Cultural Organization on dates and in a manner to be determined by it, give information on the legislative and administrative provisions which they have adopted and other action which they have taken for the application of this Convention, together with details of the experience acquired in this field.2These reports shall be brought to the attention of the World Heritage Committee.3The Committee shall submit a report on its activities at each of the ordinary sessions of the General Conference of the United Nations Educational, Scientific and Cultural Organization.VIII.Final clausesArticle 30This Convention is drawn up in Arabic, English, French, Russian and Spanish, the five texts being equally authoritative.Article 311This Convention shall be subject to ratification or acceptance by States members of the United Nations Educational, Scientific and Cultural Organization in accordance with their respective constitutional procedures.2The instruments of ratification or acceptance shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.Article 321This Convention shall be open to accession by all States not members of the United Nations Educational, Scientific and Cultural Organization which are invited by the General Conference of the Organization to accede to it.2Accession shall be effected by the deposit of an instrument of accession with the Director-General of the United Nations Educational, Scientific and Cultural Organization.Article 33This Convention shall enter into force three months after the date of the deposit of the twentieth instrument of ratification, acceptance or accession, but only with respect to those States which have deposited their respective instruments of ratification, acceptance or accession on or before that date. It shall enter into force with respect to any other State three months after the deposit of its instrument of ratification, acceptance or accession.Article 34The following provisions shall apply to those States Parties to this Convention which have a federal or non-unitary constitutional system:

(a)with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central government shall be the same as for those States Parties which are not federal States;

(b)with regard to the provisions of this convention, the implementation of which comes under the legal jurisdiction of individual constituent States, countries, provinces or cantons that are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States, countries, provinces or cantons of the said provisions, with its recommendation for their adoption.

Article 351Each State Party to this Convention may denounce the Convention.2The denunciation shall be notified by an instrument in writing, deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization.3The denunciation shall take effect twelve months after the receipt of the instrument of denunciation. It shall not affect the financial obligations of the denouncing State until the date on which the withdrawal takes effect.Article 36The Director-General of the United Nations Educational, Scientific and Cultural Organization shall inform the States members of the Organization, the States not members of the Organization which are referred to in Article 32, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, or accession provided for in Articles 31 and 32, and of the denunciations provided for in Article 35.Article 371This Convention may be revised by the General Conference of the United Nations Educational, Scientific and Cultural Organization. Any such revision shall, however, bind only the States which shall become Parties to the revising convention.2If the General Conference should adopt a new convention revising this Convention in whole or in part, then, unless the new convention otherwise provides, this Convention shall cease to be open to ratification, acceptance or accession, as from the date on which the new revising convention enters into force.Article 38In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of the United Nations Educational, Scientific and Cultural Organization.Done in Paris, this twenty-third day of November 1972, in two authentic copies bearing the signature of the President of the seventeenth session of the General Conference and of the Director-General of the United Nations Educational, Scientific and Cultural Organization, which shall be deposited in the archives of the United Nations Educational, Scientific and Cultural Organization, and certified true copies of which shall be delivered to all the States referred to in Articles 31 and 32 as well as to the United Nations.Schedule 3Dictionarysection 4advisory committee means an advisory committee established under this Act.sch 3 def advisory committee reloc 2005 No. 53 s 155(4)agreement means the agreement between the Commonwealth and the State dated 15 December 1995 (a copy of which is set out in schedule 1), as amended from time to time.sch 3 def agreement amd 2005 No. 53 s 155(2)reloc 2005 No. 53 s 155(4)animal means any member of the animal kingdom (other than human), whether alive or dead.sch 3 def animal reloc 2005 No. 53 s 155(4)authorised officer means an authorised officer appointed under this Act.sch 3 def authorised officer reloc 2005 No. 53 s 155(4)authority means the Wet Tropics Management Authority established under this Act.sch 3 def authority reloc 2005 No. 53 s 155(4)biological diversity has the meaning given by the Nature Conservation Act 1992, section 10.sch 3 def biological diversity reloc 2005 No. 53 s 155(4)board means the board of directors of the authority.sch 3 def board reloc 2005 No. 53 s 155(4)boat means a boat, ship or other vessel of any size or kind, and includes a hovercraft.sch 3 def boat reloc 2005 No. 53 s 155(4)chairperson means the chairperson of the board.sch 3 def chairperson reloc 2005 No. 53 s 155(4)destroying, in relation to a forest product, means removing, clearing, killing, cutting down, felling, digging up, pushing over, pulling over, poisoning, ringbarking, topping, lopping, burning or damaging the forest product.sch 3 def destroying reloc 2005 No. 53 s 155(4)executive director means the executive director of the authority.sch 3 def executive director reloc 2005 No. 53 s 155(4)forest product means a native plant.sch 3 def forest product reloc 2005 No. 53 s 155(4)forestry operation means an operation for the commercial exploitation of a forest product.sch 3 def forestry operation reloc 2005 No. 53 s 155(4)habitat of native wildlife includes an area that is not presently occupied by the wildlife.sch 3 def habitat reloc 2005 No. 53 s 155(4)hovercraft means a vessel designed to be supported on a cushion of air.sch 3 def hovercraft reloc 2005 No. 53 s 155(4)interest, in relation to land, includes a mining interest.sch 3 def interest reloc 2005 No. 53 s 155(4)land-holder includes—

(a)if the land is reserved and set apart for a public purpose under the Land Act 1994—the trustees of the land; and

(b)if the land is leased under the Land Act 1994—the lessee of the land.

sch 3 def land-holder amd 1999 No. 19 s 3 schreloc 2005 No. 53 s 155(4)management plan means a management plan approved under part 3.sch 3 def management plan reloc 2005 No. 53 s 155(4)mining interest means—

(a)a mining claim, mineral development licence, or mining lease, granted under the Mineral Resources Act 1989; or

(b)a petroleum lease granted under the Petroleum Act 1923.

sch 3 def mining interest reloc 2005 No. 53 s 155(4)Ministerial Council means the Ministerial Council mentioned in the agreement.sch 3 def Ministerial Council reloc 2005 No. 53 s 155(4)National Strategy for Ecologically Sustainable Development means the National Strategy for Ecologically Sustainable Development endorsed by the Council of Australian Governments on 7 December 1992.sch 3 def National Strategy for Ecologically Sustainable Development reloc 2005 No. 53 s 155(4)native plant means a plant that was not originally introduced to Australia by human intervention.sch 3 def native plant reloc 2005 No. 53 s 155(4)native wildlife has the meaning given by the Nature Conservation Act 1992, schedule.sch 3 def native wildlife amd 2005 No. 53 s 155(3)reloc 2005 No. 53 s 155(4)natural heritage has the meaning given by article 2 of the World Heritage Convention.sch 3 def natural heritage reloc 2005 No. 53 s 155(4)planning scheme means a planning scheme under the Planning Act 2016.sch 3 def planning scheme amd 1998 No. 13 s 191 schreloc 2005 No. 53 s 155(4)amd 2009 No. 36 s 872 sch 2sub 2016 No. 27 s 697(1)plant has the meaning given by the Nature Conservation Act 1992, schedule.sch 3 def plant amd 2005 No. 53 s 155(3)reloc 2005 No. 53 s 155(4)premises includes—

(a)a building or structure, or a part of a building or structure, of any kind; and

(b)the land on which a building or structure is situated.

sch 3 def premises reloc 2005 No. 53 s 155(4)private land means—

(a)freehold land; or

(b)land held under a lease or licence under any Act.

sch 3 def private land reloc 2005 No. 53 s 155(4)rare wildlife has the meaning given by the Nature Conservation Act 1992, schedule.sch 3 def rare wildlife amd 2005 No. 53 s 155(3)reloc 2005 No. 53 s 155(4)reconfiguring a lot see the Planning Act 2016, schedule 2.sch 3 def reconfiguring a lot ins 2007 No. 56 s 49amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 697(2)registrar means the registrar of titles or other official responsible for keeping registers in relation to dealings in land.sch 3 def registrar reloc 2005 No. 53 s 155(4)threatened wildlife has the meaning given by the Nature Conservation Act 1992, schedule.sch 3 def threatened wildlife amd 2005 No. 53 s 155(3)reloc 2005 No. 53 s 155(4)wet tropics area means the Wet Tropics of Queensland World Heritage Area described in the World Heritage list kept under the World Heritage Convention.sch 3 def wet tropics area reloc 2005 No. 53 s 155(4)World Heritage Convention means the Convention for the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization on 16 November 1972, the text of which is set out in schedule 2.sch 3 def World Heritage Convention reloc 2005 No. 53 s 155(4)Note—definitions for this Act were originally located in prev s 4pres sch 3 ins 2005 No. 53 s 158