Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 154D

154D Seizure by conservation officer of thing in protected area

(1) This section applies if a conservation officer knows, or reasonably believes, that—

(a) a thing in a protected area—

(i) is abandoned; or

(ii) is being, or will be, used to commit an offence against this Act; or

(iii) is otherwise not authorised to be in the area under this Act (an
"unauthorised thing" ); or

(b) it is necessary or desirable to remove a thing from a protected area for the protection of a cultural or natural resource of the area.

Examples of things to which this section might apply—

appliances, equipment, stock, structures, works, vehicles

(2) The conservation officer may—

(a) seize the thing, and anything in, on or attached to the thing; and

(b) remove the thing, and anything in, on or attached to the thing, from the protected area.

(3) However, subsections (4) to (6) apply if the thing is an unauthorised thing, other than stock.

(4) If the conservation officer knows, or ought reasonably to know, a person is the owner of the thing, the conservation officer may exercise the powers under subsection (2) only if—

(a) the conservation officer gives the person a direction to remove the thing from the protected area; and

(b) the person does not comply with the direction.

(5) Subsection (4) does not apply if—

(a) the person would be required to use a vehicle to comply with the direction; and

(b) the conservation officer reasonably believes the person would not be able to lawfully use a vehicle.

(6) If the thing is a vehicle, the conservation officer may exercise the powers under subsection (2) only if the officer reasonably believes it is necessary or desirable to do so having regard to—

(a) the safety of people in the protected area; and

(b) the need to protect the cultural and natural resources of the protected area; and

(c) the orderly or proper management of the protected area.

(7) This section does not apply to the extent the chief executive is exercising a power under section 154E in relation to a thing that is stock.

(8) In this section—

"vehicle" includes an aircraft, boat or recreational craft.