Queensland Consolidated Regulations

NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017 - REG 71AG

71AG Suitability based on convictions

(1) A person is not a suitable person to hold a protected area authority if—

(a) the person, or an associate of the person, has, within 3 years before the relevant day, been convicted of—

(i) an offence against the Act ; or

(ii) an animal welfare offence under the Animal Care and Protection Act 2001 ; or

(iii) an offence under another Act relating to wildlife; or

(iv) an offence against the Recreation Areas Management Act 2006 relating to a recreation area; or

(v) an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or

(vi) an offence against the Marine Parks Act 2004 relating to a marine park; or

(vii) an offence, however described, equivalent to an offence mentioned in any of subparagraphs (i) to (vi) under the law of another jurisdiction; and

(b) the chief executive is satisfied the activities of the person that led to the conviction are of the same nature as the activities to be carried out under the authority.

Examples of when chief executive may be satisfied—

1 A person convicted of an offence against section 62 of the Act for taking a cultural or natural resource of a protected area applies for a protected area authority for taking cultural or natural resources of a protected area.

2 A person convicted of an offence against section 88 of the Act for taking a protected animal applies for a protected area authority for taking an animal that is a natural resource of a protected area.

(2) Subsection (1) does not apply if the person has been given an infringement notice for the offence under the State Penalties Enforcement Act 1999 .