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NATURE CONSERVATION (PROTECTED AREAS MANAGEMENT) REGULATION 2017 - SCHEDULE 8

SCHEDULE 8 – Dictionary


"Aboriginal land protected area" see section 72 .

"Aboriginal people particularly concerned with land" means Aborigines particularly concerned with land within the meaning given by the Aboriginal Land Act 1991 , section 3 .

"activity permit" see section 12 (3) .

"additional conditions notice" , for an e-permit camping area, see section 71AQ (3) .

"additional daily fee" , in relation to a commercial activity permit, means the fee mentioned in schedule 7A , item 10(d).

"affected person" ...

"aircraft" ...

"apiary area" means an area prescribed as an apiary area under section 18AA .

"apiary site" see section 31A (2) .

"approved form" ...

"area closed to the public" means a protected area or a part of a protected area declared to be closed to the public under section 88 .

"associate" , of a person whose suitability to hold a protected area authority is being considered, see section 71AE .

"associated facilities" , for a canopy walkway in a national park, means facilities in the area for—

(a) the management of the walkway; or
(b) tourism services, other than overnight accommodation, for visitors to the walkway.
Example of tourism services—
services relating to the provision of tourism information, food and beverages or souvenirs

"at" , the entrance to a protected area, includes in or near the entrance to the area.

"authorisation" , in relation to a commercial activity agreement, means—
(a) the authority to conduct a commercial activity under the agreement; and
(b) the obligations under the agreement for, and the conditions relating to, the conduct of the activity.

"beekeeping" means taking, using, keeping or interfering with a cultural or natural resource for beekeeping.

"buyer" see section 71DQ (1) .

"camp" includes each of the following—
(a) to pitch, place or erect a tent, caravan or another structure that may be used for camping for the purpose of staying overnight by using the tent, caravan or structure;
(b) to place other equipment that may be used for camping or a vehicle in position for the purpose of staying overnight by using the equipment or vehicle;
(c) to keep a tent, caravan or another structure or other equipment that may be used for camping in position overnight, whether or not the tent, caravan, structure or equipment is unattended;
(d) to stay overnight, other than—
(i) in a place that is the subject of a relevant arrangement; or
(ii) as part of an activity that—
(A) does not involve the use of any camping equipment; and
(B) is generally not considered to be camping.

"camping fee" means the fee stated in schedule 7A for camping in a protected area.

"camping fee container" see section 71AT (3) .

"camping fee envelope" see section 71AT (5) (b) .

"camping forms" see section 71AT (3) .

"camping permit" includes an e-camping permit and a self-registered camping permit.

"camping tag" means—
(a) generally—a label or tag made available by the chief executive for a person to complete and display at the person’s camp site; or
(b) in relation to a camping permit that is granted—a label or tag mentioned in paragraph (a) that has been completed by the holder of the permit.

"canopy walkway" means a walkway with sections in and above a forest canopy.

"Cape York Peninsula Region" see the Cape York Peninsula Heritage Act 2007 , section 7 .

"character" , of an area, see section 12A .

"claim period" ...

"commercial activity"
1 A
"commercial activity" is an activity conducted for gain.
Examples of activities conducted for gain—
• the hire or sale of goods or services
• commercial photography
• a guided tour, safari, scenic flight, cruise or excursion
• advertising or promoting the use of a protected area as part of a tour, safari, scenic flight, cruise or excursion
• advertising or promoting the use of a protected area as a feature associated with a resort or tourist facility on land adjoining the area
2 A
"commercial activity" does not include—
(a) an exempt activity; or
(b) an exempt media activity; or
(c) filming or photography that—
(i) involves no more than 10 persons; and
(ii) does not involve the erection, construction or use of a prescribed structure.

"commercial activity agreement" see section 71CO (1) .

"communications use" means the construction, maintenance and use of buildings, structures and other improvements as part of, or for, a facility for providing communication services.

"controlling activity" see section 48 .

"corporation" see the Corporations Act , section 57A .

"dangerous seized thing" ...

"demerit point" means a demerit point accumulated under section 71AI .

"deposit" includes drop, leave, place and throw.

"dingo" means an animal of the species Canis familiaris (dingo).

"e-camping permit" , for an e-permit camping area, means a camping permit taken to have been granted under section 71AR for the area.

"ecotourism" , for schedule 3 , part 2 , see section 17 (4) of the Act .

"electricity distribution use" means the construction, maintenance and use of either or both of the following—
(a) a supply network within the meaning of the Electricity Act 1994 , section 8 ;
(b) a transmission grid within the meaning of the Electricity Act 1994 , section 6 .

"entrance" , to a protected area, means the part of the area—
(a) developed by the chief executive for use as a vehicular or walking entrance to the area; and
(b) commonly used by people to drive, ride or walk into the area.

"e-permit camping area" means a protected area stated to be an e-permit camping area by an e-permit camping notice.

"e-permit camping notice" see section 71AQ (1) .

"estuarine crocodile" means an animal of the species Crocodylus porosus.

"exempt activity" means an activity for which the chief executive is reasonably satisfied the use of a protected area is incidental to, and not integral to, the conducting of the activity.
Examples of exempt activities—
• a scheduled commercial flight over a protected area that is not part of a tour or scenic flight over the area
• a scheduled bus service through a protected area that is not a part of a tour or safari in the area
• an activity conducted in a protected area if the activity involves a trade and is conducted for the chief executive, the holder of a permit, licence or other authority for the area, or a party to a lease or agreement for the area
• a mechanical or vehicle towing service provided for a visitor in a protected area

"exempt media activity" means an activity that is—
(a) the filming or photographing of, or in relation to, an event; and
(b) conducted when, or as soon as practicable after, the event happens; and
(c) conducted for publishing a report of the event—
(i) on television or in a newspaper, magazine or similar publication; and
(ii) to inform the public about the event; and
(d) of a type the chief executive has declared as an exempt media activity by publishing the declaration on the department’s website.

"existing permit" see section 71CA (1) .

"fee exemption application" see section 159AU (1) .

"information notice" ...

"insurance cover" , for activities to be conducted under a permit, means a policy of insurance that insures the applicant for the permit against a claim for damage, injury or loss to a person, and damage to property, arising from the activities to be conducted under the permit.

"interested group" , in relation to a protected area, means a community or group of—
(a) Aboriginal people particularly concerned with land within the protected area; or
(b) Torres Strait Islanders particularly concerned with land within the protected area.

"internal review" ...

"internal review decision" ...

"joint marine park authority" means a document that includes more than 1 of the following—
(a) a commercial activity permit;
(b) a permission granted under the Marine Parks Act 2004 ;
(c) a permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth) .

"joint marine park authority permit" means a commercial activity permit forming a part of a joint marine park authority.

"lake" includes lagoon, swamp, marsh and any other natural collection of water.

"large stock" means alpacas, buffaloes, camels, cattle, deer, donkeys, horses or llamas.

"litter" includes broken glass.

"litter bin" means a receptacle for litter, provided by the chief executive.

"management instrument" means—
(a) a conservation plan; or
(b) a management plan; or
(c) a conservation agreement; or
(d) a management statement.

"management principles" , for a protected area, means the principles mentioned in part 4 , division 1 of the Act .

"marine navigation use" means the construction, maintenance or use of buildings, structures or other improvements as part of, or for, a facility for assisting marine navigation.

"marine park Act" means—
(a) the Marine Parks Act 2004 ; or
(b) the Great Barrier Reef Marine Park Act 1975 (Cwlth) .

"marine park permission" means a permission granted under a marine park Act.

"Maritime Safety Queensland" means Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002 , section 7 .

"mining chief executive" means the chief executive of the department in which the Mineral Resources Act 1989 is administered.

"month" means a period—
(a) starting at the beginning of any day of a calendar month; and
(b) ending—
(i) immediately before the beginning of the corresponding day of the following calendar month; or
(ii) if there is no corresponding day in the following calendar month—at the end of the following calendar month.

"motor vehicle"
1
"Motor vehicle" means a vehicle propelled by a motor that forms part of the vehicle, and includes a trailer attached to the vehicle.
2
"Motor vehicle" does not include an aircraft, a bicycle, a hovercraft or a motorised mobility device within the meaning of the Transport Operations (Road Use Management) Act 1995 , schedule 4 .

"national park (recovery)" means an area dedicated as a national park (recovery) under the Act as in force before the commencement of section 197 of the Act .

"new permit" , for the holder of an existing permit who has made a renewal request, for chapter 4A , part 7 , see section 71BZ .

"notice" means written notice.

"organised event"
1 An
"organised event" is a non-commercial activity involving the organised use of a part of a protected area that is likely to have a detrimental impact on the part, or affect the use of the area by other persons, having regard to the following—
(a) the location of the part;
(b) the number of people, vehicles or resources involved in the activity or likely to be in the part when the activity is conducted;
(c) the type of activity;
(d) the timing of the activity;
(e) any likely disturbance to the part as a result of conducting the activity;
(f) the extent to which the conducting of the activity may restrict access to the part by the general public.
Examples of an activity that may be an organised event—
concert, competitive sporting event, training exercises conducted by the Australian Defence Force, vehicle rally
2 An
"organised event" does not include an activity that is conducted—
(a) by a community or group of Aboriginal people under Aboriginal tradition in a protected area with which the community or group has a traditional, customary or historical link under Aboriginal tradition; or
(b) by a community or group of Torres Strait Islanders under Island custom in a protected area with which the community or group has a traditional, customary or historical link under Island custom; or
(c) under an authority (however called) under the Act , other than an organised event permit.

"original decision" ...

"other party" , to a commercial activity agreement, see section 71DK (1) .

"owner" ...

"person in charge" , of an animal, has the meaning given by the Animal Care and Protection Act 2001 , section 12 .

"prescribed commercial activity" means a commercial activity declared to be a prescribed commercial activity under section 84 .

"prescribed national park" means a national park, or national park (Cape York Peninsula Aboriginal land), mentioned in schedule 6 , column 1.

"prescribed structure" means equipment or a construction used to facilitate filming or photography, and—
(a) includes a tower, platform, generator, vehicle, shelter and building; but
(b) does not include—
(i) a camera or camera accessories; or
(ii) a tripod; or
(iii) a portable hide large enough to shelter only 1 person; or
(iv) a power source consisting of only dry cells or a single wet cell battery; or
(v) a vehicle used only for transport, or camping under a permit or agreement under the Act or the Recreation Areas Management Act 2006 .

"protected area authority" see section 12 (1) .

"public health and safety act" means an act, the regulation or prohibition of which, the chief executive believes is necessary or desirable to diminish the risk of death, injury or illness of users of a protected area or adjacent areas.

"public notice" means a notice published in—
(a) a newspaper circulating generally in the area in which the protected area the subject of the notice is located; and
(b) a newspaper circulating throughout the State.

"QCAT information notice" ...

"quarry material" does not include—
(a) a mineral under the Mineral Resources Act 1989 ; or
(b) bush rock; or
(c) guano.

"Queensland Transport" means the department in which the Transport Operations (Marine Safety) Act 1994 is administered.

"reasonably suspect" means suspect on grounds that are reasonable in the circumstances.

"record book" means a record book, or a record and return book, supplied by the chief executive.

"recreational craft" ...

"regulatory information notice" see section 76 (2) .

"regulatory notice" see section 73 (2) .

"related permission" , for a joint marine park authority permit, means a marine park permission forming a part of the joint marine park authority that includes the permit.

"relevant arrangement" means—
(a) a lease, agreement, licence, permit or other authority—
(i) granted, made, issued or given under section 34 of the Act ; or
(ii) granted under section 36 of the Act ; or
(iii) renewed under section 37 of the Act ; or
(b) a lease granted under the Land Act 1994 in the way mentioned in section 38 of the Act ; or
(c) a commercial activity agreement entered into for a purpose related to providing accommodation to persons in the protected area to which the agreement applies.

"relevant day" , for a person, see section 71AE .

"relevant national park" means a national park, other than a special management area (controlled action) to allow activities of the type or for the purpose stated in section 17 (1A) (a) of the Act .

"relevant person" , for the holder of a protected area authority, see section 12B .

"relevant protected area" ...

"renewal request" see section 71CA (1) .

"resources permit" see section 12 (2) .

"restricted access area" means an area declared to be a restricted access area under section 78 .

"restrictive act" means—
(a) for an organised event permit or commercial activity permit—an amendment, suspension or cancellation of the permit; or
(b) for a commercial activity agreement—an amendment or cancellation of the agreement or suspension of the authorisation under it.

"scientific purpose" includes an archaeological, anthropological or sociological purpose.

"seized thing" ...

"seizure notice" ...

"self-registered camping permit" , for a self-registration camping area, means a camping permit taken to have been granted under section 71AU for the area.

"self-registration camping area" means a protected area stated to be a self-registration camping area by a self-registration camping notice.

"self-registration camping notice" see section 71AT (1) .

"seller" see section 71DQ (1) .

"small stock" means goats, ostriches, peafowl or sheep.

"special activity" , for a protected area or a part of a protected area, means an activity that is declared to be a special activity for the area or part under—
(a) a special activity notice erected or displayed under section 85 ; or
(b) a conservation plan that identifies the area or part as, or including, a critical habitat for wildlife.

"specified cooking or heating appliance" means a portable cooking or heating appliance that is self-contained and uses manufactured fuel, including, for example, refined oil or gas.

"stock" ...

"substantially the same" , in relation to activities, see section 71CD .

"term" , of a protected area authority, see section 71BB .

"Torres Strait Islanders particularly concerned with land" has the meaning given by the Torres Strait Islander Land Act 1991 , section 3 .

"watercourse" means a river, creek or stream in which water flows permanently or intermittently.

"year" means a period of 12 months—
(a) starting at the beginning of any day of a 12- month period; and
(b) ending—
(i) immediately before the beginning of the corresponding day of the following 12-month period; or
(ii) if the year started on 29 February of a year—at the end of 28 February of the following 12-month period.



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