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Nature Conservation Act 1992 – 1 July 2016

Nature Conservation (Administration) Regulation 2006 – 1 July 2016

Nature Conservation (Estuarine Crocodile) Conservation Plan 2007 – 22 July 2016

Nature Conservation (Forest Reserves) Regulation 2000 – 30 October 2015

Nature Conservation (Koala) Conservation Plan 2006 – 22 July 2016

Nature Conservation (Macropod) Conservation Plan 2005 – 28 August 2015

Nature Conservation (Macropod Harvest Period 2016) Notice 2015 – 1 January 2016

Nature Conservation (Protected Areas Management) Regulation 2006 – 5 September 2016

Nature Conservation (Protected Areas) Regulation 1994 – 9 December 2016

Nature Conservation (Wildlife Management) Regulation 2006 – 22 July 2016

Nature Conservation (Wildlife) Regulation 2006 – 28 August 2015

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The classes of protected areas to which this Act applies are: (a) national parks (scientific); and (b) national parks; and (c) national parks (Aboriginal land); and (d) national parks (Torres Strait Islander land); and (e) national parks (Cape York Peninsula Aboriginal land); and (f) conservation parks; and (g) resources reserves; and (h) nature refuges; and (i) coordinated conservation areas. Each protected area is to be managed in accordance with: (a) the management principles prescribed for the class of protected area; and (b) if the area is: (i) a national park (Aboriginal land) or national park (Torres Strait Islander land)—the lease or sublease of the area; or (ii) a national park (Cape York Peninsula Aboriginal land) or an indigenous joint management area—any indigenous land use agreement for the area and the indigenous management agreement for the area; or (iii) a nature refuge—the declared management intent, and the conservation agreement or covenant, for the area; or (iv) a coordinated conservation area: (A) the interim management intent for the area until a management statement or management plan is approved for the area; and (B) the conservation agreement for the area; and (c) if a management plan is in effect for the area—the management plan for the area. A national park is to be managed to: (a) provide, to the greatest possible extent, for the permanent preservation of the area’s natural condition and the protection of the area’s cultural resources and values; and (b) present the area’s cultural and natural resources and their values; and (c) ensure that the only use of the area is nature-based and ecologically sustainable; and (d) provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and (e) provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values. A conservation park is to be managed to: (a) conserve and present the area’s cultural and natural resources and their values; and (b) provide for the permanent conservation of the area’s natural condition to the greatest possible extent; and (c) provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values; and (d) ensure that any commercial use of the area’s natural resources, including fishing and grazing, is ecologically sustainable. For the definitions of ‘cultural resources’, ‘ecotourism facility’ and ‘natural resources’, refer to the Schedule of the Act.

  • Sections 7, 14, 15, 17, 21, 113C, 120, Schedule; Regulations 3, 4, 5, 6, 6AA, 6A, 7, 10, Schedules 1, 2, 3, 3A, 4, 4A, 5, 6 of the Nature Conservation (Protected Areas) Regulation 1994

A mining interest, geothermal tenure or GHG authority cannot be granted in relation to: (a) a national park (scientific); or (b) a national park; or (c) a national park (Aboriginal land); or (d) a national park (Torres Strait Islander land); or (e) a national park (Cape York Peninsula Aboriginal land); or (f) a conservation park.

  • Sections 27, 70QA

A regulation may dedicate a specified area of State land as: (a) a national park (scientific); or (b) a national park; or (c) a conservation park; or (d) a resources reserve.

  • Sections 29, 31, 39D, 39F, 39G, 39H; Regulations 12, 13, Schedules 1, 2 of the Nature Conservation (Protected Areas Management) Regulation 2006

Trustees of a conservation park or resources reserve may, in their official name: (a) sue or be sued; and (b) take action for removal of trespassers or protection of property under their management. For the purpose of any legal proceeding, trustees are taken to be the owners of property under their management.

  • Section 31

A lease, agreement, licence, permit or other authority over, or in relation to, land in a protected area (other than an agreement or a licence, permit or other authority issued or given under a regulation) may be granted, made, issued or given only: (a) by – (i) if the area is a national park (scientific) or national park – the chief executive under this Act; or (ii) if the area is a conservation park or resources reserve – the chief executive or trustees of the area with the consent of the chief executive; or (b) under another Act by – (i) the Governor in Council; or (ii) someone else with the consent of the Minister or chief executive. A lease, agreement, licence, permit or other authority must be consistent with: (a) the management principles for the area; and (b) if a management plan has been approved for the area, the management plan. A ‘protected area’ is limited by section 28 of the Act to mean: (a) a national park (scientific); or (b) a national park; or (c) a conservation park; or (d) a resources reserve.

  • Sections 28, 34, 37A, 39B, 39C, 42AD, 135, 174B

The government may grant, make, issue or give a lease, agreement, licence, permit or other authority over, or in relation to, land in a national park if: (a) the use under the authority is only for a service facility or an ecotourism facility; and (b) if the use under the authority is for a service facility, the chief executive is satisfied – (i) the cardinal principle for the management of national parks will be observed to the greatest possible extent; and (ii) the use will be in the public interest; and (iii) the use is ecologically sustainable; and (iv) there is no reasonably practicable alternative to the use; and (c) if the use under the authority is for an ecotourism facility, the chief executive is satisfied – (i) the use will be in the public interest; and (ii) the use is ecologically sustainable; and (iii) the use will provide, to the greatest possible extent, for the preservation of the land’s natural condition and the protection of the land’s cultural resources and values; and (d) the use under the authority is prescribed under a regulation to be a permitted use for the area.

  • Sections 35, 37A, 42AE, 135, 174B; Regulation 15, Schedule 3 of the Nature Conservation (Protected Areas Management) Regulation 2006

Despite any other Act, an interest in land in a protected area may be created only in accordance with this Act.

  • Section 39

If the government is satisfied that an area should be declared a nature refuge, the government must prepare a proposal for the declaration. The proposal for the declaration must: (a) describe the lands to be included in the nature refuge; and (b) specify the proposed management intent for the nature refuge. The government must give written notice to all landholders affected by the proposal. The notice must specify a day by which the landholders may make submissions to the Minister relating to the proposal. If the government and landholders concerned agree on: (a) a proposal that an area should be a nature refuge; and (b) the management intent for the nature refuge; and (c) the terms of a proposed conservation agreement for the nature refuge to be made between the State and the landholders; the government must enter into the conservation agreement. The conservation agreement must be consistent with the management principles for a nature refuge. The conservation agreement may contain terms that are binding on: (a) the State; and (b) a landholder and the landholder’s successors in title. Note: The State is not legally liable for an act or omission merely because: (a) a conservation agreement has been entered into for private land; or (b) private land has been declared as, or as part of, a nature refuge or coordinated conservation area.  If a landholder’s interest in land is injuriously affected by a restriction or prohibition imposed under the declaration on the landholder’s existing use of the land, the landholder is entitled to be paid by the State the reasonable compensation because of the restriction or prohibition that is agreed between the State and the landholder or, failing agreement, decided by the Land Court.

  • Sections 44, 45, 46, 47, 49, 51, 52, 67

All cultural and natural resources of a national park (scientific), national park, conservation park or resources reserve are the property of the State.

  • Section 61

A person, other than an authorised person, must not take, use, keep or interfere with a cultural or natural resource of a protected area, other than under: (a) the interim or declared management intent for the area; or (b) an indigenous management agreement in relation to the area or any conservation agreement or covenant applicable to the area; or (c) a lease, agreement, licence, permit or other authority granted, made, issued or given – (i) by the chief executive or (ii) under the Forestry Act 1959 or Mineral Resources Act 1989; or (iii) under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or (d) a licence, permit or other authority issued or given under a regulation; or (e) if the area is a conservation park, resources reserve, nature refuge or a coordinated conservation area—an exemption under a regulation. For the definitions of ‘take’ and ‘use’, refer to the Schedule of the Act.

  • Sections 7, 62, Schedule

The interests of a landholder of land forming part of a protected area are not affected by: (a) the dedication or declaration of the protected area; or (b) the declaration of the protected area, or part of the protected area, as a special management area (controlled action). This rule does not apply to the extent of: (a) any binding conservation agreement, or conservation covenant, in relation to the land; or (b) a regulation giving effect to a management plan for the protected area.

  • Section 69

A person must not use words about an area that is not a protected area in a way that is likely to cause someone else reasonably to believe the area is a protected area.

  • Section 70

In most instances, all protected animals are the property of the State. A protected animal ceases to be the property of the State if: (a) the animal is taken under a licence, permit or other authority issued or given under a regulation; and (b) under a conservation plan, property in the animal passes from the State on that taking of the animal. For the definitions of ‘animal’ and ‘protected animal’, refer to the Schedule of the Act.

  • Sections 7, 83, 85, 86, 88A, 93, Schedule

In most instances, all protected plants (other than protected plants on private land) are the property of the State. A protected plant ceases to be the property of the State if: (a) the plant is taken under a licence, permit or other authority issued or given under a regulation; and (b) under a regulation or conservation plan, property in the plant passes from the State on that taking of the plant. For the definitions of ‘plant’ and ‘protected plant’, refer to the Schedule of the Act.

  • Sections 7, 84, 86, 89, 90, Schedule

The State is not legally liable for an act or omission merely because protected animals and plants are the property of the State.

  • Section 87

A person must not sell or give away, at commercial food premises, a prescribed animal or prescribed product. Pursuant to subsection 88BA(2) of the Act, ‘prescribed animal’ means a protected marine turtle or dugong.

  • Section 88BA

A person must not destroy a flying-fox roost unless the person is an authorised person or the destruction is authorised under this Act.

  • Section 88C

A person, other than an authorised person, must not, unless authorised under this Act: (a) abandon or release international or prohibited wildlife into the wild; or (b) introduce international or prohibited wildlife into the State; or (c) keep or use international or prohibited wildlife. For what constitutes ‘international wildlife’ and ‘prohibited wildlife’, refer to Schedules 7 and 8 of the Nature Conservation (Wildlife) Regulation 2006.

  • Section 91; Regulations 36, 41, Schedules 7, 8 of the Nature Conservation (Wildlife) Regulation 2006

There is payable to the State for protected wildlife taken under a licence, permit or other authority issued or given under a regulation, the conservation value (if any) prescribed under this Act for the wildlife. Despite any Act or law, payment of the conservation value does not, of itself, transfer property in protected wildlife from the State. A person who lawfully takes protected wildlife must pay the conservation value for the wildlife within 30 days after the wildlife is taken. For the definitions of ‘protected wildlife’ and ‘wildlife’, refer to the Schedule of the Act.

  • Sections 7, 95, Schedule; Regulations 351, 352 of the Nature Conservation (Wildlife Management) Regulation 2006

Nothing in this Act gives: (a) the holder of a licence, permit or other authority issued or given under a regulation; or (b) an Aborigine or Torres Strait Islander; the right to enter any land for the purpose of taking wildlife without the landholder’s consent.

  • Sections 98, 99, 100

The government may enter into a ‘captive breeding agreement’ with someone else about captive breeding of protected wildlife to: (a) reintroduce it into the wild, in the State or elsewhere; or (b) otherwise ensure the survival in the wild of the protected wildlife or another species of wildlife. However, the agreement may provide for the reintroduction of the protected wildlife only if the government is satisfied: (a) suitable habitat exists, or will exist, for the wildlife at the place where it is to be released; and (b) threatening processes for the wildlife or its habitat will be minimised at the place. For the definition of ‘threatening process’, refer to section 12 of the Act.

  • Sections 12, 100B, 100C, 100D, 100E

If a local government is lawfully dealing with protected wildlife in the local government area, other than under a wildlife authority; the State government may, by written notice, require the local government to prepare and publish a statement of management intent for the protected wildlife, within a reasonable period stated in the notice. The notice may require that the statement of management intent include stated information. The local government must, within the stated period: (a) prepare a statement of management intent for the protected wildlife; and (b) publish the statement on the local government’s website.

  • Section 100K

The government may prepare a conservation plan for any native wildlife, class of wildlife, native wildlife habitat or area that is an area of major interest. If a person applies for a licence, permit or other authority under a regulation to: (a) take or use protected wildlife; or (b) release international or prohibited wildlife into the wild; or (c) introduce international or prohibited wildlife into the State; the government may, before the authority is given – (d) require the person, at the person’s cost, to prepare a draft conservation plan; or (e) prepare a draft conservation plan; for the taking, use, release or introduction of the wildlife. Note: A conservation plan is subordinate legislation. If: (a) a regulation is made, or a conservation plan is approved, for an area identified under the regulation or plan as, or including, a critical habitat or an area of major interest; and (b) a landholder’s interest in land in the area is injuriously affected by a restriction or prohibition imposed under the regulation or plan on the landholder’s existing use of the land, then the landholder is entitled to be paid by the State the reasonable compensation because of the restriction or prohibition that is agreed between the State and the landholder or, failing agreement, decided by the Land Court. For the definition of ‘critical habitat’, refer to section 13 of the Act. For the definition of ‘area of major interest’, refer to the Schedule of the Act.

  • Sections 7, 13, 120H, 120I, 120J, 120K, 137A, Schedule

If there a protected area for which a regulation is in force giving effect to a management plan for the area; or (b) an area identified under a conservation plan as, or including, a critical habitat or an area of major interest; THEN a local government must not issue or give any approval, consent, permit or other authority for a use of, or a development on, the land that is inconsistent with the regulation or plan.

  • Section 123

If there is land in an area identified under a regulation as, or including, a critical habitat or an area of major interest, THEN a local government must not issue or give any approval, consent, permit or other authority for a use of, or a development on, the land that is inconsistent with the regulation.

  • Section 126A

The government may, by gazette notice, approve or make codes of practice for: (a) protected areas; or (b) forest reserves; or (c) protected wildlife.

  • Section 174A

The government may grant various permits, licenses and authorities pursuant to this Act. They include: a permit to take, use, keep or interfere with cultural or natural resources; an apiary permit; a camping permit; a restricted access area permit; a stock grazing permit; a stock mustering permit; a travelling stock permit; a permit to enter a national park (scientific); a commercial activity permit; a permit to solicit donations or information; an organised event permit; a permit to use recreational craft; a special activity permit; a commercial wildlife licence (wildlife interaction); a commercial wildlife licence; a commercial wildlife licence (mobile); a recreational wildlife licence; a commercial wildlife harvesting licence; a recreational wildlife harvesting licence; a wildlife farming licence; a museum licence; a damage mitigation permit; a flying-fox roost management permit; an educational purposes permit; a permit to keep protected wildlife; a rehabilitation permit; a scientific purposes permit; a wildlife movement permit; an Aboriginal tradition authority; an Island custom authority; a collection authority; a protected plant growing licence; a protected plant harvesting licence; protected plant clearing permit.

  • Regulations 9, 10, 11, 12, 13, 14, 15, 16 of the Nature Conservation (Administration) Regulation 2006

A person may apply to the government for the grant of a relevant authority. The application must: (a) be in the approved form; and (b) be supported by enough information to enable the application to be decided; and (c) be accompanied by the relevant fee for the application; and (d) comply with any other requirements for the application under – (i) for an application for a protected area authority – the Protected Areas Management Regulation; or (ii) for an application for a wildlife authority – the Wildlife Management Regulation or a conservation plan. In considering an application for a relevant authority, the government must have regard to each of the following: (a) the impact the activities that may be carried out under the authority may have on the conservation of the cultural or natural resources of a protected area or native wildlife; (b) the effect the grant of the authority will have on the fair and equitable access to nature, having regard to, in particular, the ecologically sustainable use of protected areas or wildlife; (c) any contribution the applicant proposes to make to the conservation of nature; (d) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; (e) the precautionary principle; (f) public health and safety; (g) the public interest; (h) for an application for a relevant authority other than a camping permit – whether the applicant is a suitable person to hold the authority, having regard to the matters mentioned in Schedule 2; (i) for an application for a relevant authority for an Aboriginal land protected area – the indigenous management agreement for the protected area; (j) for an application for a relevant authority for a protected area, other than an Aboriginal land protected area, in the Cape York Peninsula Region – any indigenous land use agreement for the area; (k) any recovery plan for wildlife to which the authority applies; (l) any other matter stated in a management instrument as a matter the government must have regard to when considering an application for the authority. The government may grant the relevant authority only if the chief executive is satisfied the applicant is a suitable person to hold the authority, having regard to the matters mentioned in schedule 2. For details of authorities which are transferable, refer to section 61 of the Act.

  • Regulations 23, 25, 28, 29, 30, 32, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 163, Schedule 2 of the Nature Conservation (Administration) Regulation 2006; Regulations 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 43, 45, 46, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 66, 67, 68, 69 of the Nature Conservation (Protected Areas Management) Regulation 2006; Regulations 49, 50, 51, 78, 79, 80 of the Nature Conservation (Macropod) Conservation Plan 2005; Regulations 18, 19, 20, 21 of the Nature Conservation (Koala) Conservation Plan 2006; Regulations 10, 11, 11A, 12, 13, 14, 15, 16, 71, 72, 78, 79, 80, 81, 88, 93, 98, 99, 100, 101, 107, 108, 111, 112, 113, 120, 121, 153, 154, 167, 168, 169, 179, 180, 182, 184, 185, 186, 188B, 188C, 188D, 188E, 190, 191, 195, 196, 197, 198, 199, 204, 208, 209, 210, 215, 218, 219, 220, 224, 225, 226, 227, 230, 231, 232, 233, 236, 265, 266, 267, 268, 274, 275, 276, 277, 291, 292, 293, 295, 296, 297, 310, 311, 312, 313, 314 of the Nature Conservation (Wildlife Management) Regulation 2006

The government may enter into a ‘commercial activity agreement’ with a person authorising the person to conduct a commercial activity in a protected area. A commercial activity agreement must be consistent with: (a) the management principles for the protected area to which it applies; and (b) the interim or declared management intent, or management plan, for the protected area to which it applies. The government may take this action (to enter into the agreement) only if satisfied the person is a suitable person to be a party to the agreement. For the content of a commercial activity agreement, refer to section 71 of the Act. A commercial activity agreement may be transferred pursuant to section 95 of the Act.

  • Regulations 67, 68, 69, 70, 71, 72, 88, 89, 95 of the Nature Conservation (Administration) Regulation 2006

The government may establish a scheme for giving problem crocodiles to Queensland crocodile keepers.

  • Regulation 7 of the Nature Conservation (Estuarine Crocodile) Conservation Plan 2007

The government may grant, with or without conditions, a crocodile management authority to: (a) an approved person; or (b) a prescribed officer who is not a conservation officer. Alternatively, a damage mitigation permit may be granted.

  • Regulations 8, 10, 11, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30 of the Nature Conservation (Estuarine Crocodile) Conservation Plan 2007

A person must not drive a boat or vehicle within 10m of an estuarine crocodile in the wild, unless the person has a reasonable excuse.

  • Regulation 40 of the Nature Conservation (Estuarine Crocodile) Conservation Plan 2007

The government may give a person a written permission to conduct a controlling activity in a protected area. The permission must state: (a) how, where and when the activity may be conducted; and (b) the conditions of the permission. Pursuant to subregulation 46(5) of the Nature Conservation (Protected Areas Management) Regulation 2006, ‘controlling activity’ means an activity the government considers to be reasonable and necessary to significantly reduce the population of, or eradicate, wildlife that is not native wildlife.

  • Regulation 46 of the Nature Conservation (Protected Areas Management) Regulation 2006

The government may declare all or part of a protected area to be a restricted access area by erecting or displaying a notice (‘a restricted access area notice’) at the entrance of the protected area or part. The restricted access area notice must: (a) be easily visible to passers-by; and (b) identify the limits of the area to which the notice applies; and (c) state how access to the area is restricted or prohibited; and, (d) state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence.

  • Regulations 73, 74 of the Nature Conservation (Protected Areas Management) Regulation 2006

A person must not graze stock in a protected area unless the person grazes the stock under: (a) a stock grazing permit authorising the grazing; or (b) an authority granted under this Act that authorises the grazing; or (c) another Act.

  • Regulations 89, 90, 91, 92, 93 of the Nature Conservation (Protected Areas Management) Regulation 2006

A person must not light a fire, or a type of fire, in a protected area, or a part of a protected area, if lighting a fire, or the type of fire, is prohibited, in the area or part, by: (a) a regulatory notice; or (b) a condition of a permit held by the person; or (c) a condition of a commercial activity agreement to which the person is a party; or (d) another authority held by the person. Further, a person must not deposit any of the following in a protected area: (a) a lit match, pipe, cigar, cigarette or tobacco; (b) hot ashes; (c) a burning or smouldering substance; (d) a substance or device that ignites on impact or by spontaneous combustion.

  • Regulations 103, 105 of the Nature Conservation (Protected Areas Management) Regulation 2006

A person must not erect or keep a structure, other than a camping structure being used under a camping permit, or carry out works in a protected area: (a) without the government’s written approval; or (b) in contravention of the approval.

  • Regulation 107 of the Nature Conservation (Protected Areas Management) Regulation 2006

The government may erect a sign or place a marking, at a place in a protected area, regulating the use of a vehicle, boat or recreational craft, or a type of vehicle, boat or recreational craft, in the place, including, for example: (a) by imposing a speed limit; or (b) by marking a pedestrian crossing; or (c) stating a part of a place where the use, or a particular use, of the vehicle, boat or recreational craft, or type of vehicle, boat or recreational craft, is prohibited or restricted; or (d) stating a part of a place where: (i) only authorised persons may use a vehicle, boat or recreational craft; or (ii) only an authorised vehicle, boat or recreational craft may be used.

  • Regulation 112 of the Nature Conservation (Protected Areas Management) Regulation 2006

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

  • Regulations 121, 122 of the Nature Conservation (Protected Areas Management) Regulation 2006

A person must not, without the government’ s written approval: (a) bring a live animal into a protected area; or (b) keep a live animal in a protected area.

  • Regulations 124, 125 of the Nature Conservation (Protected Areas Management) Regulation 2006

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

  • Regulation 128 of the Nature Conservation (Protected Areas Management) Regulation 2006

A person, or anyone accompanying the person, must not deposit the litter in the protected area unless the person has a reasonable excuse.

  • Regulations 134, 135 of the Nature Conservation (Protected Areas Management) Regulation 2006

A person must not use a generator, compressor or other similar engine or motor in a protected area unless its use is permitted under, and it is used in accordance with: (a) the government’s written approval; or (b) a regulatory notice.

  • Regulation 138 of the Nature Conservation (Protected Areas Management) Regulation 2006

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

  • Regulation 139 of the Nature Conservation (Protected Areas Management) Regulation 2006

A person in a protected area must not, unless the person has a reasonable excuse: (a) be disorderly or create a disturbance; or (b) do anything that interferes, or is likely to interfere, with the safety or health of the person or someone else in the area.

  • Regulation 140 of the Nature Conservation (Protected Areas Management) Regulation 2006

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

  • Regulation 140A of the Nature Conservation (Protected Areas Management) Regulation 2006

The government may give a land-holder a written approval allowing the land-holder, during a stated period of not more than 3 months, to use, or to give to another person, the meat from a macropod (kangaroo) that is taken: (a) by a stated holder of a commercial wildlife harvesting licence for macropods; and (b) from the land-holder’s land.

  • Regulation 7 of the Nature Conservation (Macropod) Conservation Plan 2005

The government may grant a commercial wildlife licence for dead macropods allowing the holder of the licence to process macropod meat only if the licensed premises for the licence are: (a) an accredited place; and (b) in the State.

  • Regulation 18 of the Nature Conservation (Macropod) Conservation Plan 2005

A relevant licence holder must not sell or give away the macropod after: (a) the day the harvest period in which the macropod was taken ends; or (b) if the harvest period notice for the harvest period in which the macropod was taken states a later day for selling or giving away the macropod – the later day.

  • Regulation 67 of the Nature Conservation (Macropod) Conservation Plan 2005

The government must prepare a Koala District State Map for the State. The State map must show each urban koala area in the State. The State map may also show: (a) how the State is divided into koala districts; and (b) koala conservation areas and koala sustainability areas in the State.

  • Regulations 10, 11, 14 of the Nature Conservation (Koala) Conservation Plan 2006

A person clearing koala habitat trees in koala district A or koala district B must ensure the clearing is carried out in a way that complies with the sequential clearing conditions. Subregulation 15(3) of the Nature Conservation (Koala) Conservation Plan 2006 contains the definition of ‘sequential clearing conditions’. For the definitions of ‘koala district A’, ‘koala district B’, ‘koala habitat’ and ‘koala habitat trees’, refer to Schedule 2 of the Nature Conservation (Koala) Conservation Plan 2006

  • Regulations 5, 15, Schedules 1 and 2 of the Nature Conservation (Koala) Conservation Plan 2006

If a person is clearing, in a koala habitat area, koala habitat trees that have a trunk with a diameter of more than 10cm at 1.3m above the ground; THEN the person must ensure the clearing is carried out in the presence of a koala spotter who has the primary role of locating koalas in the trees for the person. For the definition of ‘koala habitat area’, refer to Schedule 2 of the Nature Conservation (Koala) Conservation Plan 2006

  • Regulations 5, 16, Schedule 2 of the Nature Conservation (Koala) Conservation Plan 2006

If: (a) a person keeps wildlife under a wildlife authority; and (b) the authority authorises the holder of the authority, or a relevant person for the holder, to sell or give away the wildlife; THEN the holder or relevant person must not sell or give the wildlife to a person other than: (a) for a commercial wildlife harvesting licence: (i) if a conservation plan states the holder of the licence may sell or give the wildlife only to a particular person—the particular person; or (ii) otherwise—the holder of a commercial wildlife licence for the wildlife, or another person if the government has given the holder of the commercial wildlife harvesting licence written approval to sell or give the wildlife to the other person; or (b) for another licence—a person who is authorised to buy or accept the wildlife under the Act, the Exhibited Animals Act 2015 or a law of another State.

  • Regulation 30 of the Nature Conservation (Wildlife Management) Regulation 2006

If: (a) a relevant person for the holder of an Aboriginal tradition authority takes an animal from a protected area under the authority; or (b) a relevant person for the holder of an Island custom authority takes an animal from a protected area under the authority; THEN the relevant person may: (a) without a wildlife movement permit, move the animal from the protected area from which the animal was taken to the place where the person intends to keep or use the animal; and (b) keep the animal; and (c) use the animal if the use is for the personal, domestic or non-commercial communal needs of the members of the corporation to whom the authority is granted.

  • Regulations 42, 43 of the Nature Conservation (Wildlife Management) Regulation 2006

The holder of a wildlife farming licence must not allow a person to handle a live dangerous or venomous animal kept under the licence unless the person: (a) is a relevant person for the holder; and (b) has appropriate training for handling the animal.

  • Regulations 163, 176 of the Nature Conservation (Wildlife Management) Regulation 2006

Before starting any clearing, a person must check the flora survey trigger map to find out if any part of the area to be cleared is within a high risk area. If any part of an area to be cleared is within a high risk area, THEN before any clearing is started, a flora survey must be undertaken of the clearing impact area. If, before a person starts clearing in an area other than a high risk area, the person is, or becomes, aware that: (a) there are plants that are endangered, vulnerable or near threatened wildlife within the area to be cleared; and (b) the plants would be taken by the clearing or there would be clearing within 100m of the plants, THEN a protected plant clearing permit is required for the clearing of the plants.

  • Regulations 254, 255, 256, 257, 259, 261Z, 261ZA of the Nature Conservation (Wildlife Management) Regulation 2006

A landholder of private land may gain a benefit for allowing a person to take a protected plant from the landholder’s land if the taking is authorised under the Act.

  • Regulation 261E of the Nature Conservation (Wildlife Management) Regulation 2006

An employee of the Queensland Herbarium may take and use a protected plant for the purposes for which the Queensland Herbarium was established.

  • Regulation 261N of the Nature Conservation (Wildlife Management) Regulation 2006

If it is necessary for a protected plant to be identified: (a) to enable the government to grant a person a wildlife authority for a protected plant; or (b) for a flora survey; or (c) for a record that may be kept by the Queensland Herbarium; or (d) to carry out an environmental impact assessment study: (i) under an Act; or (ii) as a condition of an approval by a government entity; or (iii) to ensure the person complies with the general environmental duty under the Environmental Protection Act 1994; THEN a person may take up to 2 specimens from a protected plant. The person must: (a) complete a specimen label for each specimen taken before leaving the place where the specimen is taken; and (b) give each specimen to the Queensland Herbarium within 28 days after taking it.

  • Regulation 261S of the Nature Conservation (Wildlife Management) Regulation 2006

A person may take a protected plant in any area by clearing if the taking is for any of the following maintenance activities for an existing land use of the area: (a) routine maintenance of existing infrastructure; (b) maintenance in the course of a plantation management activity on land that was previously lawfully cleared; (c) maintenance in the course of a cropping activity on land that was previously lawfully cleared.

  • Regulation 261ZC of the Nature Conservation (Wildlife Management) Regulation 2006

A person may take a protected plant in any area by clearing if the taking is for: (a) establishing or maintaining a necessary firebreak to protect infrastructure (other than a fence, road or vehicular track), if the maximum width of the firebreak is the greater of the following: (i) 1.5 times the height of the tallest vegetation adjacent to the infrastructure; (ii) 20m; or (b) establishing a necessary fire management line if the maximum width of the line is 10m.

  • Regulation 261ZD of the Nature Conservation (Wildlife Management) Regulation 2006

A person may take a protected plant in any area by clearing if the taking complies with the requirements of a self-assessable vegetation clearing code that apply to the area, for: (a) thinning; or (b) managing weeds; or (c) managing encroachment.

  • Regulation 261ZE of the Nature Conservation (Wildlife Management) Regulation 2006

A person may take a protected plant in any area by clearing if: (a) the taking has been assessed and authorised under another law in a way that complies with the protected plants assessment guideline; and (b) the taking is only to the extent authorised under the other law; and (c) at least 7 days before the taking starts, the person gives the government: (i) written notice of the taking; and (ii) a copy of the authorisation for the taking under the other law.

  • Regulation 261ZF of the Nature Conservation (Wildlife Management) Regulation 2006

A person may take a protected plant in any area by clearing if the taking: (a) is for a conservation purpose only and to the extent necessary to achieve the purpose; and (b) causes disturbance to protected plants only to the extent necessary to remove the plants.

  • Regulation 261ZG of the Nature Conservation (Wildlife Management) Regulation 2006

A protected plant clearing permit is required for the taking of all protected plants present in a clearing impact area. A protected plant clearing permit is also required for the taking of all protected plants known to be present in an area to be cleared that is not within a high risk area.

  • Regulations 283, 284, 285, 286, 287, 288, 289 of the Nature Conservation (Wildlife Management) Regulation 2006

A person taking a protected animal under the Act must not use a dog or other animal to take the animal.

  • Regulation 320 of the Nature Conservation (Wildlife Management) Regulation 2006

If: (a) a person keeps, or intends to keep, a live protected animal under the Act; and (b) the animal – (i) can not feed itself; or (ii) is a bird that is too young to fly; or (iii) is a mammal that has not been weaned; or (iv) has visible signs of illness or injury; THEN the person must not, without the government’s written approval, buy or accept, sell or give away, send or move the animal.

  • Regulation 321 of the Nature Conservation (Wildlife Management) Regulation 2006

If: (a) a person who, under the Act, keeps a live protected animal sells or gives the animal to another person; and (b) either – (i) the person (‘the sender’) intends to send the animal in a container to the person who bought or accepted the animal; or (ii) the person, or the person who bought or accepted the animal, (‘the mover’) intends to move the animal in a container; THEN the sender or mover must ensure the container in which the animal is sent or moved: (a) will keep the animal stable under ordinary transportation conditions; and (b) will prevent the animal’s escape; and (c) will protect the animal from predators; and (d) is locked or otherwise secured.

  • Regulation 324 of the Nature Conservation (Wildlife Management) Regulation 2006

If: (a) a person who keeps a live protected animal under the Act sells or gives the animal to another person, other than a veterinary surgeon for treatment or care of the animal; and (b) the person intends to send the animal in a container; THEN the person must attach to the container a written statement including the following information: (a) the following details for the person who sent the animal and the person to whom the animal is sent – (i) name and address; (ii) if the person holds a wildlife authority—the number of the authority; (b) the animal’s common name or, if the animal does not have a common name, the animal’s scientific name; (c) if there is more than 1 animal in the container—how many animals are in the container; (d) if the animal is dangerous or venomous—that the animal is dangerous or venomous.

  • Regulation 325 of the Nature Conservation (Wildlife Management) Regulation 2006

A person who keeps a live protected animal under the Act must do each of the following: (a) keep the animal in a secure cage or enclosure that prevents the animal’s escape and protects it from predators; (b) supply the animal with shelter, ventilation and enough water and food to maintain the animal’s health and wellbeing; (c) provide the animal with enough opportunities for exercise to maintain the animal’s health and wellbeing.

  • Regulation 331 of the Nature Conservation (Wildlife Management) Regulation 2006

A person must keep the bird or animal in a secure cage or enclosure that prevents the bird’s or animal’s escape. This rule applies to: (a) a domestic bird other than the following: (i) an ostrich; (ii) a peafowl or pheasant of the family Phasianidae, other than quail indigenous to Australia; (iii) a pigeon (Columba livia) or poultry; and (b) another animal other than a domestic or protected animal.

  • Regulation 333 of the Nature Conservation (Wildlife Management) Regulation 2006

A person who buys or accepts protected, international or prohibited wildlife under the Act must: (a) on receipt of the wildlife: (i) obtain from the person from whom the wildlife is bought or accepted (‘the seller’) verification of the seller’s identity; and (ii) if the seller is acting under a wildlife authority or an exhibited animal authority – inspect the authority or a copy of the authority; and (iii) if the protected wildlife is a whole protected plant or protected plant part obtained by the seller under an exemption – ask the seller to identify the exemption; and (b) keep a record of the following for the record-keeping period: (i) the name and address of the seller; (ii) the source of the identification used to verify the identity of the seller, including the particulars of the type of document produced and any identifying features of the document, including, for example, the number of the document; (iii) if the seller is acting under a wildlife authority or an exhibited animal authority—the number of the authority; (iv) if the protected wildlife is a whole protected plant or protected plant part obtained by the seller under an exemption – the exemption identified by the seller.

  • Regulation 337 of the Nature Conservation (Wildlife Management) Regulation 2006

A person who sells or gives away protected, international or prohibited wildlife under the Act must: (a) before parting with possession of the wildlife – (i) obtain from the person to whom the wildlife is sold or given (‘the buyer’) verification of the buyer’s identity; and (ii) if the buyer is acting under a wildlife authority or an exhibited animal authority—inspect the authority or a copy of the authority; and (b) keep a record of the following for the record-keeping period: (i) the name and address of the buyer; (ii) the source of the identification used to verify the identity of the buyer, including the particulars of the type of document produced and any identifying features of the document, including, for example, the number of the document; (iii) if the buyer is acting under a wildlife authority or an exhibited animal authority – the number of the authority; (iv) if the buyer (A) is a corporation – the name of the corporation; or (B) is a business or a person operating under a business or trading name – the name of the business or the trading name.

  • Regulation 338 of the Nature Conservation (Wildlife Management) Regulation 2006

If a special management declaration states that a person in control of a boat must not bring the boat within a stated distance of a marine mammal at a stated speed THEN a person in control of a boat must not, without a reasonable excuse, bring the boat within the stated distance of the marine mammal at the stated speed. In addition, A person in control of a boat must not, without a reasonable excuse, restrict the path of a marine mammal or cause a marine mammal to change its direction of travel. Further, a person in control of a boat must not, without a reasonable excuse, bring the boat between members of a pod of whales or dolphins or a herd of dugongs.

  • Regulations 338B, 338C, 338D, 338L of the Nature Conservation (Wildlife Management) Regulation 2006

A person must not enter water any closer than the prescribed distance to a marine mammal. In addition, A person must not, without a reasonable excuse, do any of the following: (a) deposit rubbish near a marine mammal; (b) make a loud or sudden noise within 300m of a marine mammal that may disturb the mammal; (c) touch a marine mammal; (d) feed a marine mammal.

  • Regulations 338Q, 338S of the Nature Conservation (Wildlife Management) Regulation 2006

A person, other than an authorised person, must not feed a native animal in the wild that is dangerous, venomous or capable of injuring a person.

  • Regulation 341 of the Nature Conservation (Wildlife Management) Regulation 2006

A person must not: (a) release into the wild an animal that has been bred or kept in captivity; or (b) release an animal into an area of the wild that is not a prescribed natural habitat for the animal.

  • Regulation 343 of the Nature Conservation (Wildlife Management) Regulation 2006

A conservation officer may take the measures the officer considers reasonably necessary to protect or deal with a stranded marine mammal.

  • Regulation 373 of the Nature Conservation (Wildlife Management) Regulation 2006

The government may make an urban flying-fox management area map.

  • Regulations 377, 378 of the Nature Conservation (Wildlife Management) Regulation 2006
Reason for law

The conservation of nature while allowing for the involvement of indigenous people in the management of protected areas in which they have an interest under Aboriginal tradition or Island custom. (Section 4)

Relevant links

Plants and animals [Queensland Government]

Threatened species [Department of Environment and Heritage Protection]

Protected plants [Department of Environment and Heritage Protection]

Protected plants flora survey trigger map

 

Authorisations for infrastructure and structures in protected areas [Business and Industry Portal]

Land for Wildlife South East Queensland

Queensland Trust for Nature

National Parks Association of Queensland Inc (NPAQ)

Media article

Feral animals are running amok on Australia’s islands – here’s how to stop them

Queensland could offer national park protections to private landowners

Critique

N/A

Suggested further reading

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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