Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 190

190 Application of amended part 7 to existing dedications or declarations

(1) This section applies if—

(a) before the commencement, a management plan was required to be prepared for a protected area or indigenous joint management area; and

(b) at the commencement, a management plan is not in effect for the area.

(2) From the commencement—

(a) the requirement under previous part 7 to prepare a management plan for the area stops applying for the area; and

(b) amended part 7 applies for the area, subject to subsections (3) to (5) and section 191, as if it had been in force when the area was dedicated or declared.

(3) Subsections (4) and (5) apply if the Minister had started the process for preparing a management plan for the area under previous part 7 before the commencement.

(4) Anything done by the Minister for preparing the plan under previous part 7 is taken to have been done by—

(a) the chief executive; or

(b) if the Minister decides to prepare a management plan for the area under amended part 7—the Minister.

(5) If the Minister had given a public notice under previous part 7 about a proposal to prepare a draft management plan, or about a draft management plan, for the area—

(a) the chief executive must have regard to any properly made submissions for the notice in preparing a management statement under amended part 7 for the area; or

(b) if the Minister decides to prepare a management plan for the area—the Minister must have regard to any properly made submissions for the notice in preparing the management plan.