A guide to the legislation
This information sheet sets out the legislative framework used to establish nature refuges in Queensland. It includes a section by section guide on each of the key elements that relate to nature refuges as defi ned in the Nature Conservation Act 1992 and the Nature Conservation (Protected Areas) Regulation 1994 .
A nature refuge is a class of protected area that can be created under the Nature Conservation Act 1992 . Nature refuges can include areas of freehold, leasehold and State land that are the subject of a conservation agreement.
Nature Conservation Act 1992
The Nature Conservation Act 1992 has the purpose of conserving nature in the broadest sense over the whole of Queensland, not just in national parks. The Act also provides for the protection of certain species of animals and plants, wherever they occur. It stresses the need to protect habitats and biodiversity and recognises the role that private individuals can make in the conservation of nature.
Part 2 - Object of the Act
Section 4 - The object of the Act is “ the conservation of nature. ”
Section 5 - The Act is to be achieved by a range of measures, including:
- “ encouraging the co-operative involvement of the community, particularly landholders ” ;
- “ the dedication and declaration of areas representative of the biological diversity, natural features andwilderness of Queensland as protected areas ” ; and
- “ entering into conservation agreements ” .
Section 6 - The Act is to be administered in consultation with, and having regard to, the views and interests of landholders.
Part 3 - Interpretation
This part provides clear meanings for words and phrases to aid in the interpretation of the Act, including:
“ conservation agreement ” , “ ecologically sustainable use ” , “ landholder ” , “ nature refuge ” , “ natural resources ” , “ threatening process ” and “ area of major interest ” .
Part 4 - Protected areas
Division 1 - Basic concepts
Section 14 - This section establishes 11 classes of protected areas, including nature refuges.
Section 15 - This section states that nature refuges are to be managed in accordance with the conservation agreement that applies to the area.
Section 22 - This section states the management principles for nature refuges, as follows:
(a) “ conserve the area ’ s significant natural and cultural resources;
(b) provide for the controlled use of the area ’ s natural resources; and
(c) provide for the interests of landholders to be taken into account. ”
Division 4 - Nature refuges, co-ordinated conservation areas and wilderness areas
Section 43 - This section includes nature refuges as one of the protected areas to be covered in this division of the Act.
Section 44 - This section states the need for the preparation of a “ proposal for the declaration ” of an area that the Minister intends to declare as a nature refuge. These areas are almost always identified through discussions between the landholders and officers of the Environmental Protection Agency (EPA) which incorporates the Queensland Parks and Wildlife Service (QPWS).
The proposal for declaration must describe the land and its proposed management intent. It must be provided to all parties with an interest in the land (e.g. landholders, banks, government agencies and others with easements or encumbrances over the land) seeking their submissions on the proposal.
Section 45 - This section states that if the Minister and landholder agree on declaring a nature refuge, the Minister can enter into a conservation agreement with the landholder that may include terms and conditions to be binding on the State and the landholder and all successors in title for the duration of the agreement. These terms may stipulate access, management and use of the land.
The Minister must seek the written consent of any parties with an interest in the land before the conservation agreement is made.
Section 46 - This section states that the Governor in Council may declare the land to be a nature refuge, once the conservation agreement has been finalised. The process of declaring the nature refuge requires the listing of the nature refuge in an amendment to the Nature Conservation (Protected Areas) Regulation 1994 , along with a description of the land, description of the natural and cultural values of the land, duration of the agreement and the declared management intent of the land.
Section 47 - This section states that the conservation agreement is binding until its expiry date, unless it is terminated under this section or revoked under section 50. The agreement can be terminated only if the landholder who signed the original conservation agreement requests this and the Minister agrees.
Section 48 - This section allows a conservation agreement to be varied by modifying the original agreement between the landholders and the State, providing both parties are agreeable. This allows the agreement to be varied to suit the requirements of the landholders. However, only the landholder who signed the original conservation agreement can request a reduction in the size of the nature refuge.
Section 49 - This section provides for the compulsory declaration of a nature refuge. This can only happen where the Minister and the landholders cannot agree on the proposal for declaration or the conservation agreement and the Minister is of the opinion that the area is of major conservation interest.
The Minister must provide the landholders with written notice of the intention to declare an area as a nature refuge. The Governor in Council will consider the proposal and take into account any objections, before deciding whether to declare the land a nature refuge.
Section 50 - This section states that the Governor in Council can revoke the whole or part of a nature refuge.
Section 51 - This section states that the conservation agreement is binding on the landholder and all successors in title and those with an interest in the land, including lessees and holders of any encumbrances over the land.
For land that is held under a term lease, the duration of the conservation agreement can only be for the term of the lease or shorter, rather than in perpetuity, as is the case for freehold land or land subject to a perpetual lease.
Section 52 - This section clarifies that legal liability does not attach to the State for private land subject to a conservation agreement.
Division 7 - Cultural and natural resources
Section 62 - This section exempts landholders on a nature refuge from the restrictions normally imposed on carrying out commercial or management activities that may involve interference with, or the taking or use of, natural and cultural resources on protected areas, providing the activity is consistent with the declared management intent or the conservation agreement.
Division 8 - General
Section 63 - This section defines landholder, for Division 8, as “ a person having an interest in the land. ”
Section 67 - This section allows for compensation to be claimed where a nature refuge has been compulsorily declared under section 49. If agreement cannot be reached on compensation, the applicant can appeal to the Land Court which will decide whether compensation is payable and, if so, what amount.
Section 68 - This section states that compensation is not payable if a conservation agreement is revoked under section 50.
Section 69 - This section states that the interests of the landholder in relation to the nature refuge are only affected by the extent of the conditions of the conservation agreement.
Section 70 - This section creates an offence about the use of words to falsely indicate that an area is a protected area or is a protected area of a different class. This ensures that only declared nature refuges can be referred to by the term “ nature refuge ” in describing the land for business or other purposes.
Nature Conservation (Protected Areas) Regulation 1994
The Nature Conservation (Protected Areas) Regulation 1994 lists and includes descriptions of all declared protected areas, including nature refuges, in Queensland .
Section 7 - This section states that each of the nature refuges listed later under Schedule 5 are declared nature refuges under the names listed in the Schedule.
Section 8 - This section states that the cultural and natural resources of the each nature refuge are described under each nature refuge entry in Schedule 5, while the management intent for each is contained in the conservation agreement for the nature refuge.
Section 9 - This section states that the duration of the nature refuge is contained in the conservation agreement for the nature refuge.
Schedule 5
This Schedule lists all of the nature refuges in Queensland, in the order in which they were declared.
Each nature refuge is given a distinct Part number. For each nature refuge entry there appears:
- the nature refuge name;
- a description of location details; and
- a list of the significant natural and cultural resources and values of the land.
Relevant legislation
Nature Conservation Act 1992
Nature Conservation (Protected Areas) Regulation 1994
Obtaining copies of legislation
Legislation can be purchased from GoPrint at the following contacts:
(07) 3246 3399
1800 679 778 (for country callers)
To view or download the legislation online visit the Office of the Queensland Parliamentary Counsel website at: http://www.legislation.qld.gov.au/
Further reading
Queensland Parks and Wildlife Service brochures:
Nature refuges
Nature refuges — green rewards
Enquiries
Nature Refuge Unit
Environmental Protection Agency
ph 1800 603 604
email naturerefuge@epa.qld.gov.au
www.epa.qld.gov.au/naturerefuge
Last updated: 29 May 2007
