Nature conservation
These Acts, regulations, orders, plans and notices provide primarily for the conservation of Queensland's outstanding nature across the state, in particular areas such as the Wet Tropics World Heritage Area, and in particular ways (providing opportunities for public recreation in natural environments and facilitating appreciation, enjoyment, sustainable use and protection of resources).
Nature Conservation Act 1992
Following the election of the Goss Labor Government in late 1989, legislation about conserving and managing native animals and plants and declaring and managing protected areas such as national parks was revised and rewritten. The Nature Conservation Act 1992 — replacing the Fauna Conservation Act 1974, National Parks and Wildlife Act 1975, Native Plants Protection Act 1930 and provisions of the Land Act relating to environmental parks — commenced on 19 December 1994. (Section 93 about Aborigines' and Torres Strait Islanders' rights to take etc. protected wildlife has not commenced.)
The Act is based on principles to conserve biological diversity, ecologically sustainable use of wildlife, ecologically sustainable development and international criteria developed by the World Conservation Union (International Union for the Conservation of Nature and Natural Resources) for establishing and managing protected areas.
The Act's object is the conservation of nature. This is to be achieved by an integrated and comprehensive conservation strategy for the whole of Queensland involving matters including:
- gathering, researching and disseminating information on nature, identifying critical habitats and areas of major interest, and encouraging the conservation of nature by education and co-operative involvement of the community;
- dedication and declaration of areas representative of the biological diversity, natural features and wilderness of Queensland as protected areas;
- managing protected areas;
- protecting native wildlife and its habitat;
- ecologically sustainable use of protected wildlife and areas;
- recognition of the interest in nature of Aborigines and Torres Strait Islanders and their co-operative involvement in nature conservation; and
- co-operative involvement of landholders.
The terms 'nature', 'conservation', 'biological diversity', 'ecologically sustainable use', 'threatening process' and 'critical habitat' are among many defined. In this context 'animal' means any member of the animal kingdom, and ‘plant’ means any member of the plant or fungus kingdom. Both terms include the whole or any part of the animal or plant as well as the genetic or reproductive material. 'Wildlife' means any taxon or species of an animal, plant, protista (unicell organism other than a procaryote), procaryote (unicell organism lacking a true nucleus and including bacteria and cyanobacteria), or virus.
The Act provides for:
- 11 classes of protected areas ranging from national parks (scientific), World Heritage management and international agreement areas to national parks (Aboriginal land) and nature refuges and co-ordinated conservation areas involving private property;
- seven classes of wildlife — presumed extinct, endangered, vulnerable, rare, common (these classes collectively relate to native species and are “protected wildlife”), international and prohibited wildlife (these classes relate to non-native species);
- the rights of Aborigines and Torres Strait Island people to hunt and gather protected wildlife for traditional purposes;
- conservation plans that can allow for the ecologically sustainable taking and use of protected wildlife from the wild for commercial or non-commercial purposes;
- development of codes of practice describing standards and procedures that a person must comply with if taking, keeping and using specific species of protected wildlife;
- controls on the commercial and non-commercial taking, keeping and use of protected wildlife;
- keeping and use of restricted wildlife (certain species of protected birds, reptiles or amphibians) for recreational purposes; and
- requirements for a wildlife movement permit to allow the introduction into Queensland of protected wildlife or a live bird, mammal, reptile, amphibian or fish that is not protected wildlife.
Revocation of the whole or part of a protected area is possible by regulation only after Parliament has agreed after 14 sitting days notice.
The Act provides for interim conservation orders to conserve, protect or manage wildlife, habitat or areas subject to a threatening process likely to have significant detrimental effect.
It also provides for administrative processes including appointing conservation officers, keeping registers, and publishing an annual report.
Other parts cover investigation and enforcement powers and how legal proceedings are to be undertaken.
Penalties for offences under the Act are up to 3000 penalty units or two years jail.
Nature Conservation (Administration) Regulation 2006
The Nature Conservation (Administration) Regulation 2006 contains the administrative matters that apply to the Nature Conservation (Protected Areas Management) Regulation 2006, the Nature Conservation (Wildlife Management) Regulation 2006 and the conservation plans made under the Act.
Parts of the Regulation cover:
- administrative matters relating to the grant, amendment, suspension, cancellation, surrender and replacement of relevant authorities (permits, licences and written permissions);
- the requirements applying to carrying out activities under a relevant authority;
- review and appeal of particular decisions;
- the procedures applying after a thing is seized;
- requirements for records required to be kept;
- requirements for returns of operations;
- requirements for commercial activity agreements;
- the fees that are payable under the Act; and
- additional general provisions for the Act, including how demerit points are accumulated and the period for which particular documents must be kept under the Act.
Nature Conservation (Protected Areas Management) Regulation 2006
The Nature Conservation (Protected Areas Management) Regulation 2006 provides for the management and use of Queensland’s protected area estate.
Parts of the Regulation cover:
- the trustees of particular conservation parks and resources reserves;
- permitting certain uses of protected areas;
- restrictions on the grant of particular protected area authorities;
- the activities authorised under each protected area authority;
- offences in protected areas;
- taking, using, keeping or interfering with the cultural or natural resources of a protected area; and
- providing for the seizure of particular things in protected areas.
Schedules cover many details including powers of trustees, conditions for taking fish in national parks and minimum flying heights over some national park areas.
Nature Conservation (Protected Areas) Regulation 1994
This contains four schedules listing the names, former descriptions, and current descriptions of State land declared as protected areas.
Schedule 1 covers national parks (scientific), schedule 2 – national parks, schedule 3 – conservation parks, schedule 4 – resources reserves, and schedule 5 – nature refuges . Note that on 19 December 1994 previous reserves were redeclared and in some cases renamed and reclassified.
Nature Conservation (Wildlife Management) Regulation 2006
The Nature Conservation (Wildlife Management) Regulation 2006 provides for the management of wildlife including the taking, keeping and using of wildlife including protected plants.
Parts of the Regulation cover:
- restrictions on the grant of particular wildlife authorities;
- stating the activities authorised under each wildlife authority;
- authorising particular taking, keeping, using and moving of wildlife;
- prohibited activities relating to wildlife;
- the seizure of particular things for the protection of native wildlife;
- the supply or approval of tags for attaching to wildlife;
- export agreements for the movement of any live protected native mammal to another country; and
- the conservation value payable for particular wildlife.
Nature Conservation (Wildlife) Regulation 2006
This lists the plants and animals considered presumed extinct, endangered, vulnerable, rare, common, international, and prohibited. It discusses their significance and states the declared management intent and the principles to be observed in any taking and use for each group.
Nature Conservation (Koala) Conservation plan 2006
The Nature Conservation (Koala) Conservation Plan 2006 (the Koala Plan) came into effect on 2 October 2006. This Plan addresses the key threats facing koalas and sets out strategies to stop the decline of koala numbers and set in train the species' recovery. Issues addressed in the Koala Plan include: habitat protection and vegetation clearing, development; State Government infrastructure; vehicle mortality; dog attacks; translocation; research; zoos; public education and the rehabilitation of sick, injured and orphaned koalas.
The Koala Plan has replaced the SEQ Regional Plan Interim Guideline — Koalas and Development, which provided assessment criteria applying to proposed development in Koala Habitat Areas.
Nature Conservation (Estuarine Crocodile) Conservation Plan 2007
This plan builds on the achievements of the past Nature Conservation (Problem Crocodile) Conservation Plan 1995. While the goals of this plan mirror those of its predecessor, the strategies it employs reflect current management issues and are based on a better understanding of crocodile biology, behaviour and population dynamics.
The plan will also continue to protect the estuarine crocodile as a vulnerable species while addressing a range of management issues. Public safety is critical and will be addressed in this plan through a system of managing problem crocodiles and the enforcement of responsible behaviour in areas where crocodiles are likely to be encountered. This is supported by a community awareness program that promotes a ‘croc wise’ way of life for residents of, and visitors to, areas where crocodiles occur.
This plan recognises the other values and uses people have for estuarine crocodiles and supports the sustainable economic use of crocodiles as a resource and tourist attraction, and the important cultural and social significance this animal has to Aboriginal and Torres Strait Islander peoples.Nature Conservation (Macropod) Conservation Plan 2005
This provides for the ecologically sustainable use of macropods as a renewable resource under a system of licensing allowing the use of macropods to be scientifically monitored.
This conservation plan is administered with the Management program for commercially taken macropods in Queensland. This covers eastern grey kangaroos, whiptail wallabies, wallaroos and red kangaroos.
It details the declaration of harvest periods, conditions of harvesting including the observance of a code of practice for humane taking, commercial use, tags, grading of skins, movement and storage, and the need to keep records and make returns about harvesting.
The plan provides for commercial and recreational harvesting.
The maximum penalty for a breach is 165 penalty units.
Nature Conservation (Macropod Harvest Period) Notice
This notice may be made each year to set the harvest period for each harvested species or macropod, (eastern grey kangaroo, wallaroo, whiptail wallaby and red kangaroo) and to specify where the harvest periods apply.
Nature Conservation (Protected Plants) Conservation Plan 2000
The purpose of this plan include:
- to promote the continued existence in the wild of biologically viable populations of all taxa of protected plants;
- to allow the ecologically sustainable use of protected plants taken from the wild;
- to control threatening processes;
- to minimise the impact of taking protected plants on nature including, for example, by adopting a precautionary approach in the setting of limits for taking and the granting of licences;
- to facilitate the export of protected plants;
- to encourage the transition from taking protected plants from the wild to obtaining protected plant parts from cultivation;
- to provide for the phased reduction in the taking of whole plants from the wild for commercial processes;
- to minimise the potential for illegally taken plants to be used for commercial purposes.
Nature Conservation (Whales and Dolphins) Conservation Plan 1997
This provides further legal protection for whales and dolphins in Queensland waters and is administered with the Management program for the conservation and management of whales and dolphins in Queensland 1997–2001.
It states the management intent for whales and dolphins, protects them from interference by people or equipment, provides for measures to protect an animal that is sick, injured or at risk of harassment, and sets conditions for whale watching.
Other parts set procedures in the event of accidental taking or stranding and extra protection for those declared special interest whales or dolphins.
Recreation Areas Management Act 2006
The Recreation Areas Management Act 2006 and Recreation Areas Management Regulations 2007 — replacing the Recreation Areas Management Act 1988, Recreation Areas Management Regulation 1989 and Recreation Areas Management By-law 1991 — commenced on 27 August 2007.
This Act provides for the setting apart of land and waters throughout Queensland as recreation areas and allows a consistent system for managing recreational activities in those areas.
Five recreation areas — Fraser Island, Moreton Island, Green Island and Reef, Bribie Island and Inskip Peninsula — are declared under the Act.
The Act addresses matters such as the declaration of recreation areas, administration, management plans, permits and agreements, offences, powers of authorised officers and financial provisions. Matters under the EPA’s control include management of visitor access, provision of recreation facilities, management of commercial activities (including tours) and regulation of fees for access, camping and commercial activities. Funds derived from recreation area fees must be used for recreation area purposes.
All day-to-day management of recreation areas is undertaken by officers of the Environmental Protection Agency, subject to policies and in accordance with the provisions of the Act.
Recreation Areas Management Regulation 2007
The Regulation, which has been created as subordinate legislation to supplement the Act, contains specific provisions relating to visitor use of recreation areas, including requirements for permits and permit fees, and deals with matters such as access, personal safety, nuisance, fires, litter and behaviour in recreation areas.
More information
Most Queensland legislation is available online. Electronic versions are not official versions. Authorised printed versions can be obtained from the Queensland Government Printer GOPRINT.
Last updated: 31 March 2008
