Commercial activities
National parks and other protected areas play an important role in conserving
our natural and cultural heritage. Parks are also an important asset for the
tourism industry.
Some activities such as nature tours and photography can be conducted commercially
in these areas. Permits are required.
Commercial activities must be compatible with the management priorities of protected
areas. Conservation comes first. Activities must be sustainable and, on national
parks, nature-based.
The Queensland Parks and Wildlife Service and commercial operators are partners,
helping manage parks and increasing public understanding and appreciation of
park values. Many activities are covered by permit systems, which apply strict
conditions to commercial operators to protect the parks.
What is a commercial activity?
Any activity which is conducted for gain is considered a commercial activity and can be conducted only under a permit. Commercial activities on parks are managed to ensure minimal environmental impact and the delivery of high-quality visitor services. In some areas, the number of permits is limited to protect the environment and visitor experiences. Examples of commercial activities include:- selling things
- supplying services or facilities
- commercial photography
- advertising or promoting a protected area as part of your cruise, tour, flight or safari business
- advertising or promoting a protected area as a feature associated with your resort or tourist facility
Guiding principles
In managing commercial activities on protected areas, the Queensland Parks and Wildlife Service will be guided by:- the requirements of the Nature Conservation Act 1992;
- principles of fairness, equitable treatment, good service and accountability to commercial operator clients;
- public service financial accountability;
- the need to recover Service costs associated with commercial activities; and protection of visitor amenity and public safety.
Insurance
To obtain a permit for an activity on a national park, conservation park, resource reserve, marine park, recreation area, state forest, forest reserve or timber reserve, you may be required to have public liability insurance sufficient to cover any liabilities that may reasonably be expected to arise in using the permit.To comply with the conditions of your permit, your insurance policy must provide at least the minimum public liability cover specified for the activity covered by the permit, in respect of:
- the death of or injury to any person, or
- the loss of or damage to any property (including any area controlled by QPWS).
QPWS may check to ensure all permit conditions, including the requirements
for public liability insurance, are being complied with. If you do not comply
with any of the permit conditions, your permit could be suspended or cancelled
and you may be prosecuted. If you wish to clarify any of this information, you
should discuss it with an appropriate QPWS officer at the office at which your
application is being processed.
Commercial tours
Protected areas in Queensland are a key feature of many commercial tour operations, catering for domestic and international visitors. Many people can visit protected areas only on commercial tours, so commercial operations play a valuable role in increasing public enjoyment and appreciation of these areas. Some tour operators provide an excellent standard of interpretation. Commercial operations have to be managed carefully. Visitor experiences and the environmental and cultural integrity of protected areas can be degraded due to excessive visitor numbers, inappropriate visitor behaviour, or inappropriate activities. Visitor safety is also a concern, particularly for tours offering ‘adventure’ activities.
When is a tour commercial?
A tour is a commercial activity when, for financial gain or other consideration, the person or organisation conducting the tour does any of the following:
- provides logistical support other than transport (for example, equipment for use on a national park, food or catering);
- provides guidance or instruction on national park use and appreciation;
- promotes use of a national park as part of the tour; or
- provides transport within a national park as a substantial component of the tour.
Except where any of the above criteria apply, the following activities are not regarded as commercial activities:
- transport services operating on a regular schedule, such as buses and ferries providing public transport;
- charter vehicles and vessels providing transport only to and from national parks; or
- non-profit activities conducted or led for members of a community group by other unpaid group members.
A commercial activity permit is required regardless of the nature of the tour or activity. Where a permit is required, there is no capacity to waive fees or provide concessions for educational tours. Commercial tours must be in keeping with the management principles of the protected area. Tours are permitted only where advantages to the protected area and the public outweigh any potential disturbance or damage. Permits will not be issued for activities which would cause substantial damage to the natural or cultural heritage of a protected area.
Deeds of agreement and insurance
All commercial tour permits are tied to deeds of agreement. Each deed spells out the agreement to pay fees, payment of costs (such as for restoration works), indemnity, insurance requirements, safety responsibilities and any other requirements. All permits require the permittee to obtain public liability insurance.
Permits
Commercial activity permits can authorise multiple trips over an extended period, ranging from three months to three years. Generally, these permits are issued to operators who wish to operate a continuing business. Three-month commercial activity permits are for applicants who operate a one-off tour or short-term business, or a group from overseas which is operating only for a short period. Issuing such a permit does not convey any commitment by the Queensland Parks and Wildlife Service to allow continuing tour operations. A tour company generally will require only one permit to cover its operations on protected areas throughout the state.
How long does it take?
Here is a guide to the time taken to process a permit:
- Any Service requirement for further information or adjustment of fees will be advised within 30 days of the receipt of the application.
- Applicants will be informed of a decision within 60 days of the receipt of a complete application.
- Where an activity or site applied for requires extensive assessment and/or consultation with affected third parties, the applicant will be notified of this within 30 days of a complete application being received, and a decision will be made within 90 days.
Commercial activity permits cannot be transferred. If an enterprise holding a permit is sold, the new owner must obtain a new commercial activity permit to carry out activities on a protected area.
Fees
Fees are charged for commercial tours to help the Queensland Parks and Wildlife Service meet direct and indirect costs in making resources and facilities available to commercial tour operators.
Fees relating to commercial tours are:- Application fee which must be paid when an application is lodged. This fee is charged to defray the costs involved in administering and assessing the application. It is not refunded if the application is unsuccessful.
- Permit fee which is usually paid in advance for the period of the permit to defray continuing administrative costs (such as processing of monthly returns).
- Daily fees which are charged to defray park management costs such as providing, maintaining and upgrading services and facilities. They are charged on a per client basis. (Larger operations contribute more.) Daily fees are payable when a monthly return for activities carried out in the previous month is lodged. These returns and fees payable must be lodged within 30 days of the end of each month.
More information
This information is a guide only. If you wish to conduct a commercial activity on any protected area, you should familiarise yourself with the Nature Conservation Act 1992 and the Nature Conservation Regulation 1994.
Contact the Queensland Parks and Wildlife Service for more information.
Last updated: 26 April 2007
