Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SECT 62

62 Restriction on taking etc. of cultural and natural resources of protected areas

(1) A person, other than an authorised person, must not take, use, keep or interfere with a cultural or natural resource of a protected area, other than under—

(a) the interim or declared management intent for the area; or

(b) an Indigenous management agreement in relation to the area or any conservation agreement, conservation covenant or management program applicable to the area; or

(c) a lease, agreement, licence, permit or other authority granted, made, issued or given—

(i) by the chief executive under a prescribed provision; or

(ii) under the Forestry Act 1959 or Mineral Resources Act 1989 ; or

(iii) under another Act by the Governor in Council, or someone else with the consent of the Minister or chief executive; or

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

(e) if the area is a conservation park, resources reserve, nature refuge or a coordinated conservation area—an exemption under a regulation.

Penalty—

Maximum penalty—3,000 penalty units or 2 years imprisonment.

(2) It is a defence to a charge of taking or interfering with a cultural or natural resource in contravention of subsection (1) to prove that—

(a) the taking or interference happened in the course of a lawful activity that was not directed towards the taking or interference; and

(b) the taking or interference could not have been reasonably avoided.

(3) Subsection (2) does not allow a person to use or keep the resource.

(4) Despite subsection (1) and section 15 , but subject to the conditions prescribed under a regulation, a person may take—

(a) a fish in a prescribed place; or

(b) an invertebrate animal in a prescribed place for use as bait to take fish under paragraph (a) ; or

(c) a mud crab (Scylla serrata) in a prescribed place.

(5) However, subsection (4) does not authorise a person to take—

(a) an animal for a commercial purpose; or

(b) an animal prescribed under this Act as threatened or near threatened wildlife; or

(c) an animal prescribed under a regulation for this paragraph.

(6) Also, subsection (4) does not, in itself, authorise a person to enter a prescribed place.

(7) In this section—

"national park" includes a national park (Aboriginal land), national park (Torres Strait Islander land) and national park (Cape York Peninsula Aboriginal land).

"prescribed place" means a national park, or part of a national park, prescribed under a regulation for subsection (4) (a) , (b) or (c) .

"prescribed provision" means section 34 , 35 , 35A , 36 , 37 , 38 , 42AD , 42AE , 42AEA , 42AN , 42AO , 42AOA , 42AP , 43F , 43G or 43H .