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Queensland
ENVIRONMENTAL
LEGISLATION AMENDMENT
BILL 2002
Queensland
ENVIRONMENTAL LEGISLATION
AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF BRISBANE FOREST PARK ACT 1977
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Omission of ss 46 and 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Replacement of s 49 (Protection of administration authority etc.) . . . . . . . . 9
49 Protection from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Renumbering of pt 6 (General provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Renumbering of ss 42-49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 6--AUTHORISED OFFICERS
Division 1--Appointment
42 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
43 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . 10
44 Issue of identity card to each authorised officer . . . . . . . . . . . . . . . . 11
45 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . 11
46 When authorised officer ceases to hold office . . . . . . . . . . . . . . . . . . 11
47 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
48 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Powers of authorised officers
Subdivision 1--Entry to vehicles
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Environmental Legislation Amendment Bill 2002
49 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
50 Power of entry for vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
51 Procedure before entry to a vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Subdivision 2--Entry to other places
52 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
53 Power of entry for particular places. . . . . . . . . . . . . . . . . . . . . . . . . . 14
54 Procedure for entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
55 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
56 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
57 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
58 Warrants--procedure before entry. . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subdivision 3--Powers for entry to places
59 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
60 Power to stop vehicle that may be entered. . . . . . . . . . . . . . . . . . . . . 19
61 Other powers relating to vehicles that may be entered . . . . . . . . . . . 19
62 Powers of authorised officer after entering places . . . . . . . . . . . . . . . 19
Subdivision 4--Seizure
63 Power to seize evidence--entry to place without consent or warrant 21
64 Power to seize evidence--entry to place with consent or warrant. . . 21
65 Power to seize abandoned things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
66 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
67 Offence to tamper with seized thing . . . . . . . . . . . . . . . . . . . . . . . . . 22
68 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
69 Receipt for seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
70 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
71 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Subdivision 5--Forfeiture
72 Forfeiture by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
73 Forfeiture on conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
74 Dealing with forfeited thing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 6--Other powers
75 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 25
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Environmental Legislation Amendment Bill 2002
76 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
77 Power to require information about contravention . . . . . . . . . . . . . . 26
78 Failure to give information about contravention . . . . . . . . . . . . . . . . 27
79 Power to require production of documents . . . . . . . . . . . . . . . . . . . . 27
80 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 3--Offences relating to authorised officers
81 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
82 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
83 Obstruction of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 4--Notice of damage and compensation
84 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
85 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
10 Insertion of new sch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SCHEDULE
DICTIONARY
PART 3--AMENDMENT OF FORESTRY ACT 1959
11 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
12 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
13 Replacement of s 32 (Land for tourist purposes) . . . . . . . . . . . . . . . . . . . . . 31
32 Land for tourist purposes or use as road . . . . . . . . . . . . . . . . . . . . . . 32
14 Amendment of s 35A (Permit to camp in State forest taken to have been
granted by chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
15 Replacement of s 73A (Display of camping forms) . . . . . . . . . . . . . . . . . . . 32
73A Display of camping form if permit to camp granted . . . . . . . . . . . . . 33
73B Offence to display camping form if no permit to camp. . . . . . . . . . . 33
16 Omission of s 87A (Interference with infringement notices or camping forms) 33
17 Omission of ss 88A-88F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
18 Amendment of sch 2 (Subject matters for regulations). . . . . . . . . . . . . . . . . 34
PART 4--AMENDMENT OF MEAKER TRUST (RAINE ISLAND
RESEARCH) ACT 1981
19 Act amended in pt 4 and schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
20 Replacement of s 4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
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Environmental Legislation Amendment Bill 2002
3 References to latitudes and longitudes. . . . . . . . . . . . . . . . . . . . . . . . 35
21 Replacement of ss 6-8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
6 Membership of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
22 Replacement of ss 15-19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
15 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
16 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
17 Attendance by proxy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
18 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
19 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
20 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
20A Minutes and records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
20B Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
23 Insertion of new s 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
38 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 40
24 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 5--TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL
LEGISLATION AMENDMENT ACT 2002
39 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
40 Members of corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
41 Term of appointment of new members . . . . . . . . . . . . . . . . . . . . . . . 41
PART 5--AMENDMENT OF NATURE CONSERVATION ACT 1992
25 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
26 Amendment of s 22 (Management principles of nature refuges) . . . . . . . . . 42
27 Amendment of s 70C (Dedication of forest reserves) . . . . . . . . . . . . . . . . . . 42
28 Amendment of s 133 (Chief executive to keep register) . . . . . . . . . . . . . . . . 42
29 Amendment of s 139 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
PART 6--AMENDMENT OF TRANSPORT INFRASTRUCTURE
ACT 1994
30 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
31 Amendment of s 233 (Continuation of certain by-laws and provisions of
Harbours Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
32 Amendment of s 236 (Continuation of certain provisions of Harbours Act
requiring approval for certain matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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Environmental Legislation Amendment Bill 2002
PART 7--MINOR AND CONSEQUENTIAL AMENDMENTS
33 Acts amended--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 44
MINOR AND CONSEQUENTIAL AMENDMENTS
BEACH PROTECTION ACT 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
MEAKER TRUST (RAINE ISLAND RESEARCH) ACT 1981 . . . . . . . . . 44
NEWSTEAD HOUSE TRUST ACT 1939 . . . . . . . . . . . . . . . . . . . . . . . . . . 45
2002
A BILL
FOR
An Act to amend Acts administered by the Minister for Environment
s1 8 s4
Environmental Legislation Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Environmental Legislation Amendment 4
Act 2002. 5
2 Commencement
Clause 6
Sections 12, 16 and 17 and part 4 commence on a day to be fixed by 7
proclamation. 8
PART 2--AMENDMENT OF BRISBANE FOREST PARK 9
ACT 1977 10
3 Act amended in pt 2
Clause 11
This part amends the Brisbane Forest Park Act 1977. 12
4 Amendment of s 4 (Interpretation)
Clause 13
(1) Section 4, heading-- 14
omit, insert-- 15
`4 Definitions'. 16
(2) Section 4, `In this Act--'-- 17
omit, insert-- 18
`The dictionary in the schedule defines particular words used in this 19
Act.'. 20
(3) Section 4, definitions-- 21
relocate to the schedule as inserted by this Act. 22
s5 9 s7
Environmental Legislation Amendment Bill 2002
5 Omission of ss 46 and 47
Clause 1
Sections 46 and 47-- 2
omit. 3
6 Replacement of s 49 (Protection of administration authority etc.)
Clause 4
Section 49-- 5
omit, insert-- 6
`49 Protection from liability 7
`(1) This section applies to each of the following persons (a "relevant 8
person")-- 9
(a) the Minister; 10
(b) the chief executive; 11
(c) the administration authority or secretary of the administration 12
authority; 13
(d) an authorised officer; 14
(e) a person acting under the direction or authority of an authorised 15
officer. 16
`(2) A relevant person is not civilly liable to someone for an act done, or 17
omission made, honestly and without negligence under this Act. 18
`(3) If subsection (2) prevents civil liability attaching to a relevant 19
person, the liability attaches instead to the State. 20
`(4) In this section-- 21
"civil liability" includes liability for the payment of costs ordered to be 22
paid in a proceeding for an offence against this Act.'. 23
7 Renumbering of pt 6 (General provisions)
Clause 24
Part 6-- 25
renumber as part 7. 26
s8 10 s9
Environmental Legislation Amendment Bill 2002
8 Renumbering of ss 42-49
Clause 1
Sections 42 to 49-- 2
renumber as sections 86 to 91. 3
9 Insertion of new pt 6
Clause 4
After part 5-- 5
insert-- 6
`PART 6--AUTHORISED OFFICERS 7
`Division 1--Appointment 8
`42 Appointment and qualifications 9
`(1) The administration authority may appoint the following persons as 10
an authorised officer-- 11
(a) a public service employee; or 12
(b) a person, or a member of a class of persons, prescribed under a 13
regulation. 14
`(2) However, the administration authority may appoint a person as an 15
authorised officer only if the administration authority is satisfied the person 16
is qualified for appointment because the person has the necessary expertise 17
or experience. 18
`43 Appointment conditions and limit on powers 19
`(1) An authorised officer holds office on any conditions stated in-- 20
(a) the authorised officer's instrument of appointment; or 21
(b) a signed notice given to the authorised officer; or 22
(c) a regulation. 23
`(2) The instrument of appointment, a signed notice given to the 24
authorised officer or a regulation may limit the officer's functions or 25
powers under this Act. 26
s9 11 s9
Environmental Legislation Amendment Bill 2002
`(3) In this section-- 1
"signed notice" means a notice signed by the administration authority. 2
`44 Issue of identity card to each authorised officer 3
`(1) The administration authority must issue an identity card to each 4
authorised officer. 5
`(2) The identity card must-- 6
(a) contain a recent photo of the authorised officer; and 7
(b) contain a copy of the authorised officer's signature; and 8
(c) identify the person as an authorised officer under this Act; and 9
(d) state an expiry date for the card. 10
`(3) This section does not prevent the issuing of a single identity card to 11
a person for this Act and other purposes. 12
`45 Production or display of identity card 13
`(1) In exercising a power under this Act in relation to a person, an 14
authorised officer must-- 15
(a) produce the authorised officer's identity card for the person's 16
inspection before exercising the power; or 17
(b) have the identity card displayed so that it is clearly visible to the 18
person when exercising the power. 19
`(2) However, if it is not practicable to comply with subsection (1), the 20
authorised officer must produce the identity card for the person's 21
inspection at the first reasonable opportunity. 22
`(3) For subsection (1), an authorised officer does not exercise a power 23
in relation to a person only because the authorised officer has entered a 24
place as mentioned in section 53(1)(b) or (2). 25
`46 When authorised officer ceases to hold office 26
`(1) An authorised officer ceases to hold office if any of the following 27
happens-- 28
(a) the term of office stated in a condition of office ends; 29
s9 12 s9
Environmental Legislation Amendment Bill 2002
(b) under another condition of office, the authorised officer ceases to 1
hold office; 2
(c) the authorised officer's resignation under section 47 takes effect. 3
`(2) Subsection (1) does not limit the ways an authorised officer may 4
cease to hold office. 5
`(3) In this section-- 6
"condition of office" means a condition on which the authorised officer 7
holds office. 8
`47 Resignation 9
`(1) An authorised officer may resign by signed notice given to the 10
administration authority. 11
`(2) However, if holding office as an authorised officer is a condition of 12
the authorised officer holding another office, the authorised officer may not 13
resign as an authorised officer without resigning from the other office. 14
`48 Return of identity card 15
`A person who ceases to be an authorised officer must return the person's 16
identity card to the administration authority within 21 days after ceasing to 17
be an authorised officer, unless the person has a reasonable excuse. 18
Maximum penalty--50 penalty units. 19
`Division 2--Powers of authorised officers 20
`Subdivision 1--Entry to vehicles 21
`49 Application of sdiv 1 22
`(1) This subdivision applies to a vehicle at or about the park or a public 23
place or road in or adjoining the park. 24
`(2) However, this subdivision does not apply to a vehicle, or a part of a 25
vehicle, designed to be, and being, used as a residence. 26
s9 13 s9
Environmental Legislation Amendment Bill 2002
`50 Power of entry for vehicles 1
`An authorised officer may enter a vehicle if the authorised officer 2
reasonably suspects-- 3
(a) the vehicle is being, or has been, used in relation to the 4
commission of an offence against this Act; or 5
(b) the vehicle, or a thing in the vehicle, may provide evidence of the 6
commission of an offence against this Act. 7
`51 Procedure before entry to a vehicle 8
`(1) This section applies if an authorised officer intends to enter a vehicle 9
under section 50. 10
`(2) If a person is present at the vehicle, the authorised officer must, 11
before entering the vehicle, do or make a reasonable attempt to do the 12
following things-- 13
(a) comply with section 45(1);1 14
(b) tell the person the purpose of the entry; 15
(c) ask for the consent of the person to the entry; 16
(d) tell the person the authorised officer is permitted under this Act to 17
enter the vehicle without consent; 18
(e) if the person is not the owner of the vehicle--advise the owner of 19
the vehicle of the authorised officer's intention to enter the 20
vehicle. 21
`(3) If a person is not present at the vehicle, the authorised officer must, 22
before entering the vehicle-- 23
(a) take reasonable steps to find the owner of the vehicle; and 24
(b) comply with subsection (2)(a) to (d) for the owner. 25
`(4) Subsections (2)(e) and (3) do not require the authorised officer to 26
take a step the authorised officer reasonably believes may frustrate or 27
otherwise hinder an investigation under this Act or the purpose of the 28
intended entry. 29
`(5) In this section-- 30
1 Section 45 (Production or display of identity card)
s9 14 s9
Environmental Legislation Amendment Bill 2002
"owner", of a vehicle, includes a person who appears to be in control of 1
the vehicle. 2
`Subdivision 2--Entry to other places 3
`52 Application of sdiv 2 4
`This subdivision applies to a place, other than a vehicle to which 5
subdivision 1 applies. 6
`53 Power of entry for particular places 7
`(1) An authorised officer may enter a place if-- 8
(a) its occupier consents to the entry; or 9
(b) it is a public place and the entry is made when it is open to the 10
public; or 11
(c) the entry is authorised by a warrant. 12
`(2) For the purpose of asking the occupier of a place for consent to 13
enter, an authorised officer may, without the occupier's consent or a 14
warrant-- 15
(a) enter land around premises at the place to an extent that is 16
reasonable to contact the occupier; or 17
(b) enter part of the place the authorised officer reasonably believes 18
members of the public ordinarily are allowed to enter when they 19
wish to contact the occupier. 20
`54 Procedure for entry with consent 21
`(1) This section applies if an authorised officer intends to ask an 22
occupier of a place to consent to the authorised officer or another 23
authorised officer entering the place under section 53(1)(a). 24
`(2) Before asking for the consent, the authorised officer must tell the 25
occupier-- 26
(a) the purpose of the entry; and 27
(b) that the occupier is not required to consent. 28
s9 15 s9
Environmental Legislation Amendment Bill 2002
`(3) If the consent is given, the authorised officer may ask the occupier to 1
sign an acknowledgment of the consent. 2
`(4) The acknowledgment must state-- 3
(a) the occupier has been told-- 4
(i) the purpose of the entry; and 5
(ii) that the occupier is not required to consent; and 6
(b) the purpose of the entry; and 7
(c) the occupier gives the authorised officer consent to enter the 8
place and exercise powers under this part; and 9
(d) the time and date the consent was given. 10
`(5) If the occupier signs the acknowledgment, the authorised officer 11
must immediately give a copy to the occupier. 12
`(6) If-- 13
(a) an issue arises in a proceeding about whether the occupier 14
consented to the entry; and 15
(b) an acknowledgment complying with subsection (4) for the entry 16
is not produced in evidence; 17
the onus of proof is on the person relying on the lawfulness of the entry to 18
prove the occupier consented. 19
`55 Application for warrant 20
`(1) An authorised officer may apply to a magistrate for a warrant for a 21
place. 22
`(2) The application must be sworn and state the grounds on which the 23
warrant is sought. 24
`(3) The magistrate may refuse to consider the application until the 25
authorised officer gives the magistrate all of the information the magistrate 26
requires about the application in the way the magistrate requires. 27
28
Example for subsection (3)--
29
The magistrate may require additional information supporting the application to be
30
given by statutory declaration.
s9 16 s9
Environmental Legislation Amendment Bill 2002
`56 Issue of warrant 1
`(1) A magistrate may issue a warrant only if the magistrate is satisfied 2
there are reasonable grounds for suspecting-- 3
(a) there is a particular thing or activity (the "evidence") that may 4
provide evidence of an offence against this Act; or 5
(b) the evidence is at the place, or, within the next 7 days, may be at 6
the place. 7
`(2) The warrant must state-- 8
(a) that a stated authorised officer may, with necessary and 9
reasonable help and force-- 10
(i) enter the place and any other place necessary for entry; and 11
(ii) exercise the authorised officer's powers under this division; 12
and 13
(b) the offence for which the warrant is sought; and 14
(c) the evidence that may be seized under the warrant; and 15
(d) the hours of the day or night when the place may be entered; and 16
(e) the date, within 14 days after the warrant's issue, the warrant 17
ends. 18
`57 Special warrants 19
`(1) An authorised officer may apply for a warrant (a "special 20
warrant") by electronic communication, fax, phone, radio or another form 21
of communication if the authorised officer considers it necessary because 22
of-- 23
(a) urgent circumstances; or 24
(b) other special circumstances, including, for example, the 25
authorised officer's remote location. 26
`(2) Before applying for the special warrant, the authorised officer must 27
prepare an application stating the grounds on which the warrant is sought. 28
`(3) The authorised officer may apply for the warrant before the 29
application is sworn. 30
s9 17 s9
Environmental Legislation Amendment Bill 2002
`(4) After issuing the special warrant, the magistrate must immediately 1
electronically communicate or fax a copy (a "facsimile warrant") to the 2
authorised officer if it is reasonably practicable to do so. 3
`(5) If it is not reasonably practicable to electronically communicate or 4
fax a copy to the authorised officer-- 5
(a) the magistrate must tell the officer-- 6
(i) what the terms of the special warrant are; and 7
(ii) the date and time the special warrant is issued; and 8
(b) the authorised officer must complete a form of warrant (a 9
"warrant form") and write on it-- 10
(i) the magistrate's name; and 11
(ii) the date and time the magistrate issued the special warrant; 12
and 13
(iii) the terms of the special warrant. 14
`(6) The facsimile warrant, or the warrant form properly completed by 15
the authorised officer, authorises the entry and the exercise of the other 16
powers stated in the special warrant issued. 17
`(7) The authorised officer must, at the first reasonable opportunity, send 18
the magistrate-- 19
(a) the sworn application; and 20
(b) if the authorised officer completed a warrant form--the 21
completed warrant form. 22
`(8) On receiving the documents, the magistrate must attach them to the 23
special warrant. 24
`(9) If-- 25
(a) an issue arises in a proceeding about whether an exercise of a 26
power was authorised by a special warrant; and 27
(b) the warrant is not produced in evidence; 28
the onus of proof is on the person relying on the lawfulness of the exercise 29
of the power to prove a special warrant authorised the exercise of the 30
power. 31
s9 18 s9
Environmental Legislation Amendment Bill 2002
`58 Warrants--procedure before entry 1
`(1) This section applies if-- 2
(a) an authorised officer named in a warrant issued under section 56 3
or 57 for a place is intending to enter the place under the warrant; 4
and 5
(b) a person is present at the place. 6
`(2) Before entering the place, the authorised officer must do or make a 7
reasonable attempt to do the following things-- 8
(a) comply with section 45(1);2 9
(b) give the person a copy of-- 10
(i) the warrant; or 11
(ii) if the entry is authorised by a facsimile warrant or warrant 12
form mentioned in section 57(6)--the facsimile warrant or 13
warrant form; 14
(c) tell the person the authorised officer is permitted by the warrant 15
to enter the place; 16
(d) give the person an opportunity to allow the officer immediate 17
entry to the place without using force. 18
`(3) However, the authorised officer need not comply with 19
subsection (2) if the authorised officer reasonably believes immediate entry 20
to the place is required to ensure the effective execution of the warrant is 21
not frustrated. 22
`Subdivision 3--Powers for entry to places 23
`59 Application of sdiv 3 24
`This subdivision applies if an authorised officer may enter a vehicle or 25
other place under section 50 or 53. 26
2 Section 45 (Production or display of identity card)
s9 19 s9
Environmental Legislation Amendment Bill 2002
`60 Power to stop vehicle that may be entered 1
`(1) If a vehicle is moving or about to move, the authorised officer may 2
signal the person in control of the vehicle to stop, or not to move, the 3
vehicle. 4
`(2) The person must not disobey the signal unless the person has a 5
reasonable excuse. 6
Maximum penalty--50 penalty units. 7
`(3) It is a reasonable excuse for the person to disobey the signal if-- 8
(a) to immediately obey the signal would endanger the person or 9
someone else; and 10
(b) the person obeys the signal as soon as is practicable to obey it. 11
`61 Other powers relating to vehicles that may be entered 12
`(1) The authorised officer may require the person in control of a 13
vehicle-- 14
(a) to give the authorised officer reasonable help to enter the vehicle; 15
or 16
(b) to bring the vehicle to a stated place and remain in control of the 17
vehicle for a reasonable period to allow the authorised officer to 18
exercise a power under this division. 19
`(2) When making a requirement under subsection (1), the authorised 20
officer must warn the person it is an offence to fail to comply with the 21
requirement unless the person has a reasonable excuse. 22
`(3) A person must comply with the requirement unless the person has a 23
reasonable excuse. 24
Maximum penalty for subsection (3)--50 penalty units. 25
`62 Powers of authorised officer after entering places 26
`(1) This section applies to an authorised officer who has entered a place 27
under section 50 or 53. 28
s9 20 s9
Environmental Legislation Amendment Bill 2002
`(2) However, if an authorised officer, under section 53(2)3 enters a 1
place to ask the occupier's consent to enter premises, this section applies to 2
the authorised officer only if the consent is given or the entry is otherwise 3
authorised. 4
`(3) For investigating compliance with this Act, an authorised officer 5
may do any of the following-- 6
(a) search any part of the place; 7
(b) inspect, film, photograph, videotape or otherwise record an 8
image of a document or other thing at the place; 9
(c) take an extract from, or copy, a document at the place; 10
(d) take into the place the equipment, materials or persons the 11
authorised officer reasonably requires for exercising a power 12
under this division; 13
(e) require the occupier of the place, or a person at the place, to give 14
the authorised officer-- 15
(i) reasonable help to exercise a power under this division; or 16
(ii) information to help the authorised officer ascertain whether 17
this Act is being complied with. 18
`(4) When making a requirement under subsection (3)(e), the authorised 19
officer must warn the person it is an offence to fail to comply with the 20
requirement unless the person has a reasonable excuse. 21
`(5) A person required to give reasonable help under subsection (3)(e)(i), 22
or give information under subsection (3)(e)(ii), must comply with the 23
requirement, unless the person has a reasonable excuse. 24
Maximum penalty--50 penalty units. 25
`(6) It is a reasonable excuse for the person not to comply with the 26
requirement if complying with the requirement might tend to incriminate 27
the person. 28
3 Section 53 (Power of entry for particular places)
s9 21 s9
Environmental Legislation Amendment Bill 2002
`Subdivision 4--Seizure 1
`63 Power to seize evidence--entry to place without consent or 2
warrant 3
`An authorised officer who enters a place under section 50 or 53(1)(b) 4
may seize a thing at the place only if the authorised officer reasonably 5
believes-- 6
(a) the thing is evidence of an offence against this Act; and 7
(b) the seizure is necessary to prevent the thing being-- 8
(i) destroyed, hidden or lost; or 9
(ii) used to commit, continue or repeat, an offence against this 10
Act. 11
`64 Power to seize evidence--entry to place with consent or warrant 12
`(1) This section applies if an authorised officer enters a place-- 13
(a) under section 53(1)(a) with the necessary consent of a person; or 14
(b) under section 53(1)(c) with a warrant. 15
`(2) If the authorised officer enters a place with the necessary consent, 16
the authorised officer may seize a thing at the place if-- 17
(a) the authorised officer reasonably believes the thing is evidence of 18
an offence against this Act; and 19
(b) seizure of the thing is consistent with the purpose of entry as told 20
to the person when asking for the person's consent. 21
`(3) If the authorised officer enters the place with a warrant, the 22
authorised officer may seize a thing that is the evidence for which the 23
warrant was issued. 24
`(4) The authorised officer may seize anything else at the place if the 25
authorised officer reasonably believes-- 26
(a) the thing is evidence of an offence against this Act; and 27
(b) the seizure is necessary to prevent the thing being-- 28
(i) destroyed, hidden or lost; or 29
(ii) used to commit, continue or repeat an offence against this 30
Act. 31
s9 22 s9
Environmental Legislation Amendment Bill 2002
`65 Power to seize abandoned things 1
`(1) An authorised officer may seize a thing in a public place in the park 2
if the authorised officer reasonably believes the thing has been abandoned 3
by its owner. 4
`(2) In this section-- 5
"owner" includes the person in charge of the thing immediately before it 6
was abandoned. 7
`66 Securing seized things 8
`Having seized a thing, an authorised officer may-- 9
(a) move the thing from the place where it was seized (the "place of 10
seizure"); or 11
(b) leave the thing at the place of seizure but take reasonable action 12
to restrict access to it; or 13
14
Examples of restricting access to a thing--
15
1. Marking, sealing, tagging or otherwise identifying the thing to show
16
access to it is restricted.
17
2. Sealing the entrance to a room where the thing is situated and
18
marking the entrance to show access to the thing is restricted.
(c) for equipment--make it inoperable. 19
20
Example of making equipment inoperable--
21
Dismantling equipment or removing a component of equipment without
22
which the equipment is not capable of being used.
`67 Offence to tamper with seized thing 23
`(1) If an authorised officer restricts access to a seized thing, a person 24
must not tamper, or attempt to tamper, with the thing, or something 25
restricting access to the thing, without an authorised officer's approval. 26
Maximum penalty--100 penalty units. 27
`(2) If an authorised officer makes seized equipment inoperable, a person 28
must not tamper, or attempt to tamper, with the equipment, without an 29
authorised officer's approval. 30
Maximum penalty--100 penalty units. 31
s9 23 s9
Environmental Legislation Amendment Bill 2002
`68 Powers to support seizure 1
`(1) To enable a thing to be seized, an authorised officer may require the 2
person in control of it-- 3
(a) to take it to a stated reasonable place by a stated reasonable time; 4
and 5
(b) if necessary, to remain in control of it at the stated place for a 6
stated reasonable period. 7
`(2) The requirement-- 8
(a) must be made by notice given to the person; or 9
(b) if for any reason it is not practicable to give a notice to the 10
person--may be made orally and confirmed by notice given to 11
the person as soon as is practicable. 12
`(3) A further requirement may be made under this section about the 13
thing if it is necessary and reasonable to make the further requirement. 14
`(4) A person of whom a requirement is made under subsection (1) or (3) 15
must comply with the requirement, unless the person has a reasonable 16
excuse. 17
Maximum penalty--50 penalty units. 18
`(5) The notices mentioned in subsection (2) must be in the approved 19
form. 20
`69 Receipt for seized thing 21
`(1) This section applies to a thing seized under section 63 or 64. 22
`(2) After an authorised officer seizes the thing, the authorised officer 23
must give a receipt for it to the person from whom the thing was seized. 24
`(3) However, if for any reason it is not practicable to comply with 25
subsection (2), the authorised officer must leave the receipt at the place of 26
seizure in a conspicuous position and in a reasonably secure way. 27
`(4) The receipt must describe generally each thing seized and its 28
condition. 29
`(5) This section does not apply to a thing if it would be impracticable or 30
unreasonable to expect the authorised officer to account for the thing given 31
its condition, nature and value. 32
s9 24 s9
Environmental Legislation Amendment Bill 2002
`70 Return of seized thing 1
`(1) This section applies to a thing seized under section 63 or 64 if-- 2
(a) the thing has some intrinsic value; and 3
(b) the thing has not been forfeited under subdivision 5. 4
`(2) The authorised officer must return the thing to its owner-- 5
(a) at the end of 6 months after the seizure; or 6
(b) if a proceeding for an offence involving the thing is started within 7
the 6 months--at the end of the proceeding and any appeal from 8
the proceeding. 9
`(3) Despite subsection (2), the authorised officer must promptly return a 10
thing seized as evidence if the authorised officer stops being satisfied-- 11
(a) its continued retention as evidence is necessary; and 12
(b) its continued retention is necessary to prevent the thing being 13
used to continue, or repeat, an offence. 14
`71 Access to seized thing 15
`(1) Until a seized thing is forfeited or returned, an authorised officer 16
must allow its owner to inspect it and, if it is a document, to copy it. 17
`(2) Subsection (1) does not apply if it is impracticable or would be 18
unreasonable to allow the inspection or copying. 19
`Subdivision 5--Forfeiture 20
`72 Forfeiture by authorised officer 21
`(1) A thing seized under subdivision 4, is forfeited to the State if the 22
authorised officer who seized the thing-- 23
(a) after making reasonable efforts, can not return it to its owner; or 24
(b) after making reasonable inquiries, can not find its owner. 25
`(2) For subsection (1), the authorised officer is not required to-- 26
(a) make efforts if it would be unreasonable to make efforts to return 27
the thing to its owner; or 28
s9 25 s9
Environmental Legislation Amendment Bill 2002
(b) make inquiries if it would be unreasonable to make inquiries to 1
find the owner. 2
3
Example for paragraph (b)--
4
The owner of the thing has migrated to another country.
`(3) Regard must be had to the thing's condition, nature and value in 5
deciding-- 6
(a) whether it is reasonable to make efforts or inquiries; and 7
(b) if efforts or inquiries are made--what efforts or inquiries, 8
including the period over which they are made, are reasonable. 9
`73 Forfeiture on conviction 10
`(1) On conviction of a person for an offence against this Act, the court 11
may order the forfeiture to the State of anything owned by the person and 12
seized under subdivision 4. 13
`(2) The court may make any order to enforce the forfeiture it considers 14
appropriate. 15
`(3) This section does not limit the court's powers under the Penalties 16
and Sentences Act 1992 or another law. 17
`74 Dealing with forfeited thing 18
`(1) On forfeiture of a thing to the State, the thing becomes the State's 19
property and may be dealt with by the administration authority in a way the 20
administration authority considers appropriate. 21
`(2) Without limiting subsection (1), the administration authority may 22
destroy or dispose of the thing. 23
`(3) If the thing is sold, the proceeds of the sale, less any expenses 24
relating to the sale, must be paid into the Brisbane Forest Park Fund. 25
`Subdivision 6--Other powers 26
`75 Power to require name and address 27
`(1) An authorised officer may require a person to state the person's 28
name and residential or business address if the authorised officer-- 29
s9 26 s9
Environmental Legislation Amendment Bill 2002
(a) finds the person committing an offence against this Act; or 1
(b) finds the person in circumstances that lead, or has information 2
that leads, the authorised officer to reasonably suspect the person 3
has just committed an offence against this Act. 4
`(2) When making the requirement, the authorised officer must warn the 5
person it is an offence to fail to state the person's name or address unless 6
the person has a reasonable excuse. 7
`(3) The authorised officer may also require the person to give evidence 8
of the correctness of the stated name or required address if the authorised 9
officer suspects the stated name or address is false. 10
`76 Failure to give name or address 11
`(1) A person of whom a requirement is made under section 75(1) or (3) 12
must comply with the requirement, unless the person has a reasonable 13
excuse. 14
Maximum penalty--100 penalty units. 15
`(2) A person does not commit an offence against subsection (1) if-- 16
(a) the requirement was given because the authorised officer 17
suspected the person had committed an offence against this Act; 18
and 19
(b) the person is not proved to have committed the offence. 20
`77 Power to require information about contravention 21
(1) This section applies if an authorised officer reasonably believes-- 22
(a) this Act has been contravened; and 23
(b) a person may be able to give information about the 24
contravention. 25
`(2) The authorised officer may require the person to give information to 26
the person's knowledge about the contravention in a stated reasonable time 27
and in a stated reasonable way. 28
`(3) When making a requirement under subsection (2), the authorised 29
officer must warn the person it is an offence to fail to comply with the 30
requirement unless the person has a reasonable excuse. 31
s9 27 s9
Environmental Legislation Amendment Bill 2002
`78 Failure to give information about contravention 1
`(1) A person of whom a requirement is made under section 77 must 2
comply with the requirement unless the person has a reasonable excuse. 3
Maximum penalty--100 penalty units. 4
`(2) It is a reasonable excuse for the person if complying with the 5
requirement might tend to incriminate the person. 6
`79 Power to require production of documents 7
`(1) An authorised officer may require a person to make available for 8
inspection by an authorised officer, or produce to the authorised officer for 9
inspection, at a stated reasonable time and place-- 10
(a) a document given to the person under this Act; or 11
(b) a document required to be kept by the person under this Act. 12
`(2) The authorised officer may keep the document to copy it. 13
`(3) The authorised officer must return the document to the person after 14
copying it. 15
`80 Failure to produce document 16
`A person required to make available, or produce, for inspection a 17
document under section 79 must comply with the requirement, unless the 18
person has a reasonable excuse. 19
Maximum penalty--100 penalty units. 20
`Division 3--Offences relating to authorised officers 21
`81 False or misleading statements 22
`(1) A person must not state anything to an authorised officer that the 23
person knows is false or misleading in a material particular. 24
Maximum penalty--200 penalty units. 25
`(2) In a proceeding for an offence against subsection (1), it is enough to 26
state the statement made was `false or misleading' to the person's 27
knowledge, without specifying which. 28
s9 28 s9
Environmental Legislation Amendment Bill 2002
`82 False or misleading documents 1
`(1) A person must not give an authorised officer a document containing 2
information the person knows is false or misleading in a material 3
particular. 4
Maximum penalty--200 penalty units. 5
`(2) Subsection (1) does not apply to a person if the person when giving 6
the document-- 7
(a) tells the authorised officer to the best of the person's ability, how 8
it is false or misleading; and 9
(b) if the person has, or can reasonably obtain, the correct 10
information--gives the correct information. 11
`(3) In a proceeding for an offence against subsection (1), it is enough to 12
state the document was `false or misleading' to the person's knowledge, 13
without specifying which. 14
`83 Obstruction of authorised officer 15
`(1) A person must not obstruct an authorised officer in the exercise of a 16
power under division 2, unless the person has a reasonable excuse. 17
Maximum penalty--100 penalty units. 18
`(2) If a person has obstructed an authorised officer and the authorised 19
officer decides to proceed with the exercise of the power, the authorised 20
officer must warn the person that-- 21
(a) it is an offence to obstruct the authorised officer unless the person 22
has a reasonable excuse; and 23
(b) the authorised officer believes the person's conduct is an 24
obstruction. 25
`(3) In this section-- 26
"obstruct" includes assault, hinder, resist and attempt or threaten to 27
obstruct. 28
s9 29 s9
Environmental Legislation Amendment Bill 2002
`Division 4--Notice of damage and compensation 1
`84 Notice of damage 2
`(1) This section applies if-- 3
(a) an authorised officer damages something when exercising, or 4
purporting to exercise, a power under division 2; or 5
(b) a person acting under the direction or authority of an authorised 6
officer damages something. 7
`(2) The authorised officer must give notice to the person who appears to 8
the authorised officer to be the owner or person in possession of the thing. 9
`(3) If for any reason it is not practicable to comply with subsection (2), 10
the authorised officer must leave the notice in a conspicuous position and in 11
a reasonably secure way at the place where the damage happened. 12
`(4) The notice must state-- 13
(a) the particulars of the damage; and 14
(b) that the person who suffered the damage may claim 15
compensation under section 85. 16
`(5) If the authorised officer reasonably believes the damage was caused 17
by a latent defect in the thing or other circumstances beyond the control of 18
the authorised officer or person acting under the direction or authority of 19
the authorised officer, the authorised officer may state the belief in the 20
notice. 21
`(6) However, an authorised officer need not comply with this section if 22
the authorised officer believes the damage is trivial. 23
`85 Compensation 24
`(1) This section applies if a person incurs loss or damage because of the 25
exercise, or purported exercise, of a power under division 2, other than 26
because of a forfeiture under section 72 or 73.4 27
`(2) The person is entitled to be paid the reasonable compensation 28
because of the loss or damage that is agreed between the administration 29
authority and the person, or failing agreement, decided by a court. 30
4 Section 72 (Forfeiture by authorised officer) or 73 (Forfeiture on conviction)
s 10 30 s 10
Environmental Legislation Amendment Bill 2002
`(3) Compensation may be claimed and ordered to be paid in a 1
proceeding-- 2
(a) brought in a court with jurisdiction for the recovery of the 3
amount of compensation claimed; or 4
(b) for an offence against this Act brought against the person 5
claiming compensation. 6
`(4) A court may order compensation to be paid only if satisfied it is just 7
to make the order in the circumstances of the particular case.'. 8
10 Insertion of new sch
Clause 9
After section 91-- 10
insert-- 11
`SCHEDULE 12
`DICTIONARY 13
section 4 14
` "at", a place, includes in and on the place. 15
"authorised officer" means a person appointed as an authorised officer 16
under section 42. 17
"facsimile warrant" see section 57(4). 18
"occupier", of a place, includes the owner or person apparently in charge 19
of the place. 20
"owner", for a thing seized under this Act, includes a person who would be 21
entitled to possession of the thing had it not been seized. 22
"place" includes the following-- 23
(a) land; 24
(b) premises; 25
(c) a vehicle. 26
"place of seizure" see section 66(a). 27
s 11 31 s 13
Environmental Legislation Amendment Bill 2002
"premises" means-- 1
(a) a building or structure, or part of a building or structure, of any 2
type; or 3
(b) a group of buildings or structures, or part of a group of buildings 4
or structures, of any type; or 5
(c) a tent. 6
"public place" means a place, or part of a place-- 7
(a) that the public is entitled to use, is open to members of the public 8
or is used by the public, whether or not on payment of money; or 9
(b) the occupier of which allows, whether or not on payment of 10
money, members of the public to enter. 11
"reasonably believes" means to believe on grounds that are reasonable in 12
the circumstances. 13
"reasonably suspects" means to suspect on grounds that are reasonable in 14
the circumstances. 15
"vehicle" means anything used for carrying any animal, person or thing by 16
land or water. 17
"warrant form" see section 57(5)(b).'. 18
PART 3--AMENDMENT OF FORESTRY ACT 1959 19
11 Act amended in pt 3
Clause 20
This part amends the Forestry Act 1959. 21
12 Amendment of s 5 (Definitions)
Clause 22
Section 5, definition "forest infringement"-- 23
omit. 24
13 Replacement of s 32 (Land for tourist purposes)
Clause 25
Section 32-- 26
s 14 32 s 15
Environmental Legislation Amendment Bill 2002
omit, insert-- 1
`32 Land for tourist purposes or use as road 2
`(1) A regulation may revoke, in whole or in part, the setting apart and 3
declaration of land as a State forest or timber reserve. 4
`(2) In recommending the Governor in Council make the regulation, the 5
Minister must-- 6
(a) be satisfied, having regard to the purposes of this Act and the 7
public interest, it is desirable to make land in the State forest or 8
timber reserve available for-- 9
(i) providing accommodation or recreational facilities for 10
encouraging or promoting the tourist industry; or 11
(ii) opening as a road, or applying the land for use as a road, for 12
public use; and 13
(b) have regard to access and other matters relating to the proper 14
management of the remaining land in the State forest or timber 15
reserve. 16
`(3) Land excluded from a State forest or timber reserve under 17
subsection (1)-- 18
(a) is unallocated State land; and 19
(b) must be dealt with in a way consistent with the purpose for which 20
the land was excluded.'. 21
14 Amendment of s 35A (Permit to camp in State forest taken to have
Clause 22
been granted by chief executive) 23
Section 35A(2)-- 24
insert-- 25
`(f) if the person completed the credit card payment section of the 26
camping form and the person's financial institution does not 27
authorise the payment.'. 28
15 Replacement of s 73A (Display of camping forms)
Clause 29
Section 73A-- 30
omit, insert-- 31
s 16 33 s 16
Environmental Legislation Amendment Bill 2002
`73A Display of camping form if permit to camp granted 1
`(1) This section applies to a camping form for a permit to camp that, 2
under section 35A(1), is taken to have been granted under section 35. 3
`(2) The person stated in the form must-- 4
(a) attach the part of the form designated for this section to-- 5
(i) if the person is using a tent, caravan or other structure for 6
camping--the tent, caravan or other structure; or 7
(ii) otherwise--any camping equipment or vehicle the person is 8
using for camping; and 9
(b) take reasonable steps to ensure that while a person continues to 10
camp under the permit, the part of the camping form remains 11
attached to the tent, caravan, structure, equipment or vehicle. 12
Maximum penalty--4 penalty units. 13
`(3) A person must not interfere with the part of the camping form 14
mentioned in subsection (2) if a person is camping under the permit to 15
which the form relates. 16
Maximum penalty--20 penalty units. 17
`(4) In this section-- 18
"interfere with", a part of a camping form, includes to remove the part of 19
the camping form. 20
`73B Offence to display camping form if no permit to camp 21
`A person must not attach a part of a camping form to a tent, caravan, 22
structure, camping equipment or vehicle, in a self-registration camping 23
area unless the person holds a permit to camp for the area. 24
Maximum penalty--20 penalty units.'. 25
16 Omission of s 87A (Interference with infringement notices or
Clause 26
camping forms) 27
Section 87A-- 28
omit. 29
s 17 34 s 20
Environmental Legislation Amendment Bill 2002
17 Omission of ss 88A-88F
Clause 1
Sections 88A to 88F-- 2
omit. 3
18 Amendment of sch 2 (Subject matters for regulations)
Clause 4
Schedule 2, section 27-- 5
omit, insert-- 6
`27 Penalties 7
`Prescribing a penalty of not more than 20 penalty units for a 8
contravention of a regulation.'. 9
PART 4--AMENDMENT OF MEAKER TRUST (RAINE 10
ISLAND RESEARCH) ACT 1981 11
19 Act amended in pt 4 and schedule
Clause 12
(1) This part amends the Meaker Trust (Raine Island Research) 13
Act 1981. 14
(2) The schedule also includes amendments of the Meaker Trust (Raine 15
Island Research) Act 1981. 16
20 Replacement of s 4 (Meaning of terms)
Clause 17
Section 4-- 18
omit, insert-- 19
`2 Definitions 20
`In this Act-- 21
"corporation" means the Raine Island Corporation constituted under 22
section 5. 23
s 21 35 s 21
Environmental Legislation Amendment Bill 2002
"Great Barrier Reef Province" means the part of the Queensland 1
continental shelf between latitude 24º10' south and latitude 09º08' 2
south.5 3
"Maclennan Cay" means the coral cay at latitude 11º19' south, longitude 4
143º48' east. 5
"member" means a member of the corporation. 6
"Moulter Cay" means the coral cay at latitude 11º24'30" south, longitude 7
144º01'11" east. 8
"Raine Island" means the coral cay at latitude 11º35'34" south, longitude 9
144º02'12" east. 10
"Torres Strait Islands" means the islands north of latitude 11º south that 11
are part of the State. 12
"Torres Strait Regional Authority" means the Torres Strait Regional 13
Authority established under the Aboriginal and Torres Strait Islander 14
Commission Act 1989 (Cwlth). 15
`3 References to latitudes and longitudes 16
`Latitudes and longitudes mentioned in this Act are worked out using the 17
`Australian Geodetic Datum 1966', commonly called `AGD66', notified in 18
the Commonwealth Government Gazette No. 84 on 6 October 1966, at 19
page 4984.'. 20
21 Replacement of ss 6-8
Clause 21
Sections 6 to 8-- 22
omit, insert-- 23
`6 Membership of corporation 24
`(1) The corporation must consist of at least 8, but not more than 9, 25
members. 26
`(2) The members must include the following persons-- 27
5 The part is identified as the `Great Barrier Reef Province' in W.G.H. Maxwell, `The
Great Barrier Reef--Past, Present and Future', Queensland Naturalist, volume 20,
December 1972. Latitude 24º10' south is near Lady Elliot Island and latitude 09º08'
south is near Bramble Cay.
s 21 36 s 21
Environmental Legislation Amendment Bill 2002
(a) the chief executive; 1
(b) the chief executive of the department in which the Community 2
Services (Torres Strait) Act 1984 is administered; 3
(c) a Torres Strait Islander who-- 4
(i) has, under Island custom, a connection with, or with the 5
surrounding seas of, Maclennan Cay, Moulter Cay or Raine 6
Island; or 7
(ii) is the chairperson of the Torres Strait Regional Authority; 8
(d) a person of the Aboriginal race of Australia who-- 9
(i) has, under Aboriginal tradition, a connection with, or with 10
the surrounding seas of, Maclennan Cay, Moulter Cay or 11
Raine Island; or 12
(ii) is the chairperson of the Wuthathi Land Trust;6 13
(e) a person who is representative of the Australian community and 14
has-- 15
(i) a demonstrated interest in conservation; and 16
(ii) knowledge of, or experience in, financial management or 17
fund raising; 18
(f) 2 of the following persons-- 19
(i) a lineal descendant of the deceased Doctor Wilmer Edward 20
George Butler, son-in-law of Mrs Ella Hibberd who was a 21
trustee of the Benjamin Meaker Charities Trust; 22
(ii) if there are no lineal descendants of Doctor Wilmer Edward 23
George Butler--a relative (a "nominated relative") of 24
Doctor Wilmer Edward George Butler previously 25
nominated by a lineal descendant, or a relative of Doctor 26
Wilmer Edward George Butler nominated by a nominated 27
relative. 28
`(3) Also, the members must include 1 or 2 persons who hold 29
pre-eminent scientific qualifications or pre-eminent qualifications in the 30
conservation field. 31
6 The Wuthathi Land Trust is a land trust incorporated under the Aboriginal Land
Regulation 1991, part 3. The incorporation of the land trust was notified in the
gazette on 17 November 1995 at page 1090.
s 22 37 s 22
Environmental Legislation Amendment Bill 2002
`(4) The Governor in Council must appoint the members mentioned in 1
subsection (2)(c) to (f) and subsection (3). 2
`(5) A member must be appointed for a term of not more than 3 years. 3
`(6) The chief executive is the chairperson of the corporation. 4
`(7) The Governor in Council must appoint a person mentioned in 5
subsection (3) as the deputy chairperson of the corporation. 6
`(8) A person mentioned in subsection (2)(a) or (b) may appoint an 7
officer of the person's department to act as the person's deputy as a 8
member. 9
`(9) A person appointed as a deputy under subsection (8)-- 10
(a) may act as the member for which the person is deputy in the 11
member's absence, but must not act as chairperson; and 12
(b) has all the powers and functions of the member for which the 13
person is deputy.'. 14
22 Replacement of ss 15-19
Clause 15
Sections 15 to 19-- 16
omit, insert-- 17
`15 Conduct of business 18
`Subject to this division, the corporation must conduct its business, 19
including its meetings, in the way it considers appropriate. 20
`16 Quorum 21
`A quorum for a meeting of the corporation is 4 members, including at 22
least 1 of the members mentioned in section 6(2)(f). 23
`17 Attendance by proxy 24
`(1) A member may attend a meeting by proxy. 25
`(2) A member is not entitled to preside at a meeting merely because the 26
member is the proxy holder for another member, who if present, would be 27
entitled to preside. 28
s 22 38 s 22
Environmental Legislation Amendment Bill 2002
`18 Time and place of meetings 1
`(1) Meetings of the corporation must be held at the times and places the 2
corporation decides. 3
`(2) The secretary of the corporation must give written notice of each 4
meeting, including an adjourned meeting, to each member at least 7 days 5
before the day of the meeting unless it is impracticable to give the notice. 6
`(3) The notice must state-- 7
(a) the day and time of the meeting; and 8
(b) the place where the meeting is to be held; and 9
(c) the business to be conducted at the meeting. 10
`19 Presiding at meetings 11
`(1) The chairperson of the corporation must preside at all meetings of 12
the corporation at which the chairperson is present. 13
`(2) If the chairperson is absent from a meeting of the corporation and 14
the deputy chairperson is present, the deputy chairperson must preside. 15
`(3) If both the chairperson and deputy chairperson are absent from the 16
meeting, a member elected by the other members present at the meeting 17
must preside. 18
`20 Conduct of meetings 19
`(1) A question at a meeting of the corporation is decided by a majority 20
of the votes of the members present. 21
`(2) Each member has a vote on each question to be decided, and if the 22
votes are equal, the member presiding also has a casting vote. 23
`(3) The corporation may hold its meetings, or allow members to take 24
part in its meetings, by using any technology that reasonably allows 25
members to hear and take part in discussions as they happen. 26
27
Example of technology--
28
Teleconferencing.
`(4) A member who takes part in a meeting under subsection (3) is taken 29
to be present at the meeting. 30
s 22 39 s 22
Environmental Legislation Amendment Bill 2002
`(5) A resolution is validly made by the corporation, even if it is not 1
passed at a meeting, if-- 2
(a) notice of the resolution is given under procedures approved by 3
the corporation; and 4
(b) a majority of its members give written agreement to the 5
resolution. 6
`20A Minutes and records 7
`(1) The corporation must keep-- 8
(a) minutes of its meetings; and 9
(b) a record of resolutions made under section 20(5). 10
`(2) Each entry in the minutes for a meeting of the corporation must be 11
signed by the member presiding at the next meeting after the meeting for 12
which the minutes were taken. 13
`20B Disclosure of interest 14
`(1) If a member becomes aware that the member has a conflict of 15
interest about an issue being considered, or about to be considered, by the 16
corporation, the member must disclose the nature of the conflicting interest 17
to a meeting of the corporation. 18
`(2) Unless the corporation otherwise directs, the member must not-- 19
(a) be present when the corporation considers the issue; or 20
(b) take part in a decision of the corporation about the issue. 21
`(3) The member must not be present when the corporation is 22
considering whether to give a direction under subsection (2). 23
`(4) If there is another member who must, under subsection (1) also 24
disclose an interest in the issue, the other member must not-- 25
(a) be present when the corporation is considering whether to give a 26
direction under subsection (2); or 27
(b) take part in making the decision about giving the direction. 28
`(5) If-- 29
(a) because of this section, a member is not present at a meeting of 30
the corporation for considering or deciding an issue, or for 31
s 23 40 s 24
Environmental Legislation Amendment Bill 2002
considering or deciding whether to give a direction under 1
subsection (2); and 2
(b) there would be a quorum if the member were present; 3
the remaining members present are a quorum of the corporation for 4
considering or deciding the issue, or for considering or deciding whether to 5
give the direction, at the meeting. 6
`(6) A member has a conflict of interest about an issue if the member has 7
an interest, financial or otherwise, that could conflict with the proper 8
performance of the member's duties. 9
`(7) A disclosure under subsection (1) must be recorded in the 10
corporation's minutes. 11
`(8) A contravention of this section does not invalidate any decision of 12
the corporation or the performance of a function or exercise of a power by 13
the corporation.'. 14
23 Insertion of new s 38
Clause 15
Part 4-- 16
insert-- 17
`38 Numbering and renumbering of Act 18
`In the next reprint of this Act produced under the Reprints Act 1992, the 19
provisions of this Act must be numbered and renumbered as permitted by 20
the Reprints Act 1992, section 43.7'. 21
24 Insertion of new pt 5
Clause 22
After part 4-- 23
insert-- 24
7 Reprints Act 1992, section 43 (Numbering and renumbering of provisions)
s 25 41 s 25
Environmental Legislation Amendment Bill 2002
`PART 5--TRANSITIONAL PROVISIONS FOR 1
ENVIRONMENTAL LEGISLATION AMENDMENT 2
ACT 2002 3
`39 Definition for pt 5 4
`In this part-- 5
"commencing day" means the day the Environmental Legislation 6
Amendment Act 2002, part 4, commences. 7
`40 Members of corporation 8
`(1) On the commencing day-- 9
(a) the chief executive of the department responsible for fisheries 10
management ceases to hold office as a member; and 11
(b) every other person who was a member immediately before the 12
commencing day continues to hold office as a member. 13
`(2) The members mentioned in subsection (1)(b) continue to hold office 14
until the day the member's appointment, in force immediately before the 15
commencing day, ends. 16
`41 Term of appointment of new members 17
`The term of appointment of a person appointed, on the commencing 18
day, to be a member ends on the day the appointment of members 19
continued under section 40(1)(b) ends.'. 20
PART 5--AMENDMENT OF NATURE CONSERVATION 21
ACT 1992 22
25 Act amended in pt 5
Clause 23
This part amends the Nature Conservation Act 1992. 24
s 26 42 s 29
Environmental Legislation Amendment Bill 2002
26 Amendment of s 22 (Management principles of nature refuges)
Clause 1
Section 22(a) and (b), before `natural'-- 2
insert-- 3
`cultural and'. 4
27 Amendment of s 70C (Dedication of forest reserves)
Clause 5
Section 70C, from `part of'-- 6
omit, insert-- 7
`part of-- 8
(a) a Land Act reserve; or 9
(b) a State forest or timber reserve; or 10
(c) unallocated State land.'. 11
28 Amendment of s 133 (Chief executive to keep register)
Clause 12
(1) Section 133(1), paragraphs (a) and (c) to (e)-- 13
omit. 14
(2) Section 133(1), paragraphs (b) to (l)-- 15
renumber as paragraphs (a) to (h). 16
29 Amendment of s 139 (Annual report)
Clause 17
Section 139(1), `3 months'-- 18
omit, insert-- 19
`4 months'. 20
s 30 43 s 33
Environmental Legislation Amendment Bill 2002
PART 6--AMENDMENT OF TRANSPORT 1
INFRASTRUCTURE ACT 1994 2
30 Act amended in pt 6
Clause 3
This part amends the Transport Infrastructure Act 1994. 4
31 Amendment of s 233 (Continuation of certain by-laws and
Clause 5
provisions of Harbours Act) 6
Section 233(9), `31 December 2002'-- 7
omit, insert-- 8
`31 December 2003'. 9
32 Amendment of s 236 (Continuation of certain provisions of
Clause 10
Harbours Act requiring approval for certain matters) 11
Section 236(8), `31 December 2002'-- 12
omit, insert-- 13
`31 December 2003'. 14
PART 7--MINOR AND CONSEQUENTIAL 15
AMENDMENTS 16
33 Acts amended--schedule
Clause 17
The schedule amends the Acts it mentions. 18
44
Environmental Legislation Amendment Bill 2002
SCHEDULE 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
sections 19(2) and 33 3
BEACH PROTECTION ACT 1968 4
1 Section 60, heading-- 5
omit, insert-- 6
`60 Regulation-making power'. 7
MEAKER TRUST (RAINE ISLAND RESEARCH) ACT 8
1981 9
1 Sections 9(1) and (2) and 10(1), `ex officio'-- 10
omit, insert-- 11
`mentioned in section 6(2)(a) or (b)'. 12
2 Sections 9 to 11 and 22, `member of the corporation'-- 13
omit, insert-- 14
`member'. 15
3 Section 13(e), from `the regions' to `Ocean'-- 16
omit, insert-- 17
`the Great Barrier Reef Province'. 18
45
Environmental Legislation Amendment Bill 2002
SCHEDULE (continued)
4 Section 23(2), `if its functions'-- 1
omit, insert-- 2
`of its functions'. 3
5 Section 37, heading-- 4
omit, insert-- 5
`37 Regulation-making power'. 6
NEWSTEAD HOUSE TRUST ACT 1939 7
1 Section 14, heading-- 8
omit, insert-- 9
`14 Regulation-making power'. 10
2 Section 14(2)(a) to (c) and (f) to (k), headings-- 11
omit. 12
© State of Queensland 2002
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