Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 173B

173B Court may make declarations

(1) A person may bring a proceeding in the court for a declaration about a following matter, other than an excluded matter—

(a) a matter that has been, is to be or should have been done for this Act;

(b) the construction of—

(i) this Act, including, for example, a conservation plan or a management plan; or

(ii) an authority granted, made, issued or given under the Act over, or in relation to, land in a protected area; or

(iii) a licence, permit or other authority issued or given under a regulation;

(c) the lawfulness under this Act of an activity.

(2) The court has jurisdiction to hear and decide a proceeding for a declaration under this section.

(3) A person who starts a proceeding under this section must, within 7 days after the person starts the proceeding, give the chief executive written notice of the proceeding.

Penalty—

Maximum penalty—20 penalty units.

(4) The Minister or the chief executive may choose to be a party to the proceeding by filing in the court a notice of election in the form approved by the chief executive.

(5) In this section—

"excluded matter" means a matter relating to—

(a) a licence, permit or other authority issued or given under a regulation authorising—

(i) the recreational keeping of wildlife; or

(ii) the care and rehabilitation of sick, injured or orphaned protected animals or animals whose habitats have been destroyed by human activity or natural disaster; or

(b) camping in protected areas.