Queensland Consolidated Acts Queensland Consolidated ActsAboriginal land has the meaning given by the Aboriginal Land Act 1991, section 10.
animal means any member of the animal kingdom (other than human), (whether alive or dead), and includes—
(a) any—
(i) amphibian; or
(ii) bird; or
(iii) coral; or
(iv) fish; or
(v) invertebrate; or
(vi) mammal; or
(vii) reptile; and
(b) the whole or any part of—
(i) the progeny, larvae, pupae, eggs or genetic or reproductive material of an animal; and
(ii) the carcass or another part of an animal.
appliance means anything used or capable of being used for taking, or facilitating the taking of, wildlife or a cultural or natural resource, and includes—
(a) a weapon within the meaning of the Weapons Act 1990; and
(b) an explosive within the meaning of the Explosives Act 1999; and
(c) a trap, snare, net or birdlime; and
(d) a decoy; and
(e) poison; and
(f) a torch or other artificial light; and
(g) a shovel, hoe, pick, mattock, saw, axe, knife or other implement.
area of major interest means an area that contains natural resources of significant nature conservation value.
Australia includes the external Territories.
authorised person means any of the following—
(a) the chief executive, performing functions under this Act;
(b) a public service employee of the department performing functions under this Act for the chief executive;
(c) a conservation officer who is not an employee of the department and who is performing functions under this Act for the chief executive.
authorised purpose, in relation to the use of protected wildlife, means a purpose that—
(a) will provide some significant benefit to wildlife or humans, including, for example, the development of drugs for the treatment of disease; and
(b) is authorised under a conservation plan for the wildlife.
biological diversity has the meaning given by section 10.
boat means a boat, ship or other vessel of any size or kind, and includes a hovercraft.
buy includes—
(a) agree or offer to buy; and
(b) receive or accept under an agreement; and
(c) agree to receive or accept under an agreement; and
(d) offer or attempt to receive or accept under an agreement; and
(e) cause or permit to be received or accepted under an agreement; and
(f) acquire by exchange; and
(g) accept on hire or lease.
captive breeding agreement see section 100B(1).
carcass of an animal includes—
(a) its flesh, organs or body fluids; and
(b) its feathers, hair, fur, skin, scales, shell or exoskeleton; and
(c) its bones, horns, antlers, teeth or tusks.
CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora done at Washington in the United States of America on 3 March 1973.
Editor's note—
The English text of the convention is set out in Australian Treaty Series 1976 No. 29.
conservation has the meaning given by section 9.
conservation agreement means a conservation agreement under section 45 or 48.
conservation covenant means a covenant applying to the declaration of a nature refuge under section 49.
conservation officer means a conservation officer appointed under this Act.
conservation park means an area declared under this Act as a conservation park.
conservation plan means a conservation plan approved under part 7.
conservation value of protected wildlife means the conservation value prescribed under this Act in relation to the wildlife.
conviction includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.
coordinated conservation area means an area declared under this Act as a coordinated conservation area.
court, for part 10, division 2, see section 173A.
critical habitat has the meaning given by section 13.
cultural resources of a protected area means places or objects that have anthropological, archaeological, historical, scientific, spiritual or sociological significance or value, including such significance or value under Aboriginal tradition or Island custom.
ecologically sustainable use has the meaning given by section 11.
EIS means an environmental impact statement.
endangered wildlife means native wildlife that is prescribed under this Act as endangered wildlife.
enforcement order see section 173D(1)(a).
executive officer of a corporation means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the management of the corporation.
extinct in the wild wildlife means native wildlife prescribed under this Act as extinct in the wild wildlife.
fee includes tax.
forest reserve see section 70B.
geothermal tenure see the Geothermal Energy Act 2010, section 19(2).
GHG authority means a GHG authority under the Greenhouse Gas Storage Act 2009.
habitat of wildlife includes an area that is not presently occupied by the wildlife.
honorary protector means an honorary protector appointed under this Act.
hovercraft means a vehicle designed to be supported on a cushion of air.
indigenous joint management area means an area declared under this Act as an indigenous joint management area.
indigenous landholder, for a protected area or land, means the entity that, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991, is the trustee for the protected area or land.
indigenous land use agreement means an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements under the Native Title Act 1993 (Cwlth).
indigenous management agreement, in relation to land, means an indigenous management agreement under the Aboriginal Land Act 1991 about the management of the land.
indigenous to Australia, in relation to wildlife, means—
(a) wildlife that was not originally introduced to Australia by human intervention (other than wildlife introduced before the year 1600); or
(b) a migratory animal that periodically or occasionally migrates to, or visits, Australia.
interest, in relation to land, includes a mining interest, geothermal tenure or GHG authority.
interfere with, in relation to a cultural or natural resource, includes destroy, damage, mark, move and dig up.
interim conservation order means an order made under part 6.
interim enforcement order see section 173D(1)(b).
international agreement area means an area declared under this or another Act as an international agreement area.
international wildlife means wildlife that is prescribed under this Act as international wildlife.
in the wild, in relation to wildlife, means in an independent state of natural liberty.
keep, in relation to a cultural or natural resource or wildlife, includes have in possession, or under control, in any place (whether for the use or benefit of the person in relation to whom the term is used or another person), even though another person has the actual possession or custody.
land includes—
(a) the airspace above land; and
(b) land that is, or is at any time, covered by waters; and
(c) waters.
landholder includes—
(a) for a reserve under the Land Act 1994—the trustees of the reserve; and
(b) for land leased under the Land Act 1994—the lessee of the land; and
(c) for a conservation agreement under section 45 in relation to transferred land as defined under the Aboriginal Land Act 1991—the indigenous landholder for the transferred land under that Act.
least concern wildlife means native wildlife prescribed under this Act as least concern wildlife.
management plan means a management plan approved under part 7.
mining interest means—
(a) a mining claim, mineral development licence or mining lease granted under the Mineral Resources Act 1989; or
(b) a petroleum lease granted under the Petroleum Act 1923 or Petroleum and Gas (Production and Safety) Act 2004.
national park means an area dedicated under this Act as a national park.
national park (Aboriginal land) means an area dedicated under this Act as a national park (Aboriginal land).
national park (Cape York Peninsula Aboriginal land) means an area dedicated under this Act as a national park (Cape York Peninsula Aboriginal land).
national park (scientific) means an area dedicated under this Act as a national park (scientific).
national park (Torres Strait Islander land) means an area dedicated under this Act as a national park (Torres Strait Islander land).
native wildlife means any taxon or species of wildlife indigenous to Australia.
natural resources, in relation to—
(a) a protected area; or
(b) an area identified under a conservation plan as, or including—
(i) a critical habitat; or
(ii) an area of major interest;
means the natural and physical features of the area, including wildlife, soil, water, minerals and air.
nature has the meaning given by section 8.
nature-based, in relation to the use of a protected area, includes scientific, educational, spiritual, intellectual, cultural, recreational and biodiscovery under the Biodiscovery Act 2004.
nature refuge means an area declared under this Act as a nature refuge.
near threatened wildlife means native wildlife prescribed under this Act as near threatened wildlife.
nominated offence, for part 10, division 2, see section 173A.
North Stradbroke Island Region see the North Stradbroke Island Protection and Sustainability Act 2011, section 5.
official name of trustees of a protected area means trustees of (name of the area).
person, for part 10, division 2, see section 173A.
place includes—
(a) vacant land or premises; and
(b) a vehicle, boat or aircraft.
planning scheme has the meaning given by the Sustainable Planning Act 2009, section 79.
plant means any member of the plant or fungus kingdom (whether alive or dead and standing or fallen), and includes—
(a) any—
(i) flowering plant; or
(ii) cycad; or
(iii) conifer; or
(iv) fern or fern ally; or
(v) moss; or
(vi) liverwort; or
(vii) alga; or
(viii) fungus; or
(ix) lichen; and
(b) the whole or any part of the flowers, seeds or genetic or reproductive material of a plant.
premises includes—
(a) a building or structure, or a part of a building or structure, of any kind; and
(b) the land on which a building or structure is situated; and
(c) a vehicle, boat or aircraft.
prescribed protected area means a protected area of a following class—
(a) a national park (scientific);
(b) a national park;
(c) a national park (recovery);
(d) a conservation park;
(e) a resources reserve.
procaryote means a unicellular organism lacking a true nucleus, and includes bacteria and cyanobacteria.
prohibited wildlife means wildlife that is prescribed under this Act as prohibited wildlife.
protect includes rehabilitate.
protected animal means an animal that is prescribed under this Act as threatened, rare, near threatened or least concern wildlife, but does not include a processed product that—
(a) is made or derived from a protected animal; and
(b) is declared under a regulation or conservation plan for the protected animal to be a processed product that is not included in this definition.
protected area means a protected area of a class mentioned in section 14.
protected plant means a plant that is prescribed under this Act as threatened, rare, near threatened or least concern wildlife, but does not include a processed product that—
(a) is made or derived from a protected plant; and
(b) is declared under a regulation or conservation plan for the protected plant to be a processed product that is not included in this definition.
protected wildlife means native wildlife prescribed under this Act as—
(a) extinct in the wild wildlife; or
(b) endangered wildlife; or
(c) vulnerable wildlife; or
(d) rare wildlife; or
(e) near threatened wildlife; or
(f) least concern wildlife.
protista means a unicellular organism other than a procaryote.
rare wildlife means native wildlife that is prescribed under this Act as rare wildlife.
regeneration plan means a regeneration plan made under part 4, division 3A.
registrar means the registrar of titles under the Land Title Act 1994.
resources reserve means an area dedicated under this Act as resources reserve.
sell includes—
(a) auction, exchange or supply; and
(b) keep, expose, supply or receive for sale; and
(c) send or deliver for sale; and
(d) dispose of by hire or lease; and
(e) cause or permit the doing of an act mentioned in paragraph (a), (b), (c) or (d); and
(f) offer or attempt to do an act mentioned in paragraph (a), (b), (c) or (d); and
(g) offer or attempt to sell; and
(h) cause or permit to be sold.
SEQ horse riding trail network see section 70BA.
service facility means any of the following—
(a) a communications facility, including for example, a communications tower or cable;
(b) a device designed to be used for navigation or the guidance of aircraft or vessels;
(c) a transmission grid or supply network under the Electricity Act 1994;
(d) a pipeline for oil or gas;
(e) a water supply or sewerage facility, including, for example, a pipeline or pumping station.
special conservation officer means a special conservation officer appointed under this Act.
species means a species, subspecies, hybrid, variant, race, mutation or geographically separate population of any animal or plant.
State includes Territory.
State land means all land in the State that is not—
(a) freehold land, or land contracted to be granted in fee-simple by the State; or
(b) a reserve under the Land Act 1994; or
(c) subject to a lease or licence under the Land Act 1994, unless the land is in a forest reserve; or
(d) subject to a mining interest, geothermal tenure or GHG authority.
take includes—
(a) in relation to an animal—
(i) hunt, shoot, wound, kill, skin, poison, net, snare, spear, trap, catch, dredge for, bring ashore or aboard a boat, pursue, lure, injure or harm the animal; or
(ii) attempt to do an act mentioned in subparagraph (i); and
(b) in relation to a plant—
(i) gather, pluck, cut, pull up, destroy, dig up, fell, remove or injure the plant or any part of the plant; or
(ii) attempt to do an act mentioned in subparagraph (i).
threatened wildlife means native wildlife that is prescribed under this Act as—
(a) extinct in the wild wildlife; or
(b) endangered wildlife; or
(c) vulnerable wildlife.
threatening process has the meaning given by section 12.
Torres Strait Islander land has the meaning given by of the Torres Strait Islander Land Act 1991, section 9.
unnatural hybrid of wildlife means a hybrid, variant, race or mutation of the wildlife that has been derived because of manipulation by humans.
use, in relation to a cultural or natural resource or wildlife, includes buy, sell, give away, process, move or gain any benefit from the resource or wildlife.
vulnerable wildlife means native wildlife that is prescribed under this Act as vulnerable wildlife.
waters means Queensland waters.
wild by nature, in relation to wildlife, means derived because of natural ecological and biological processes and not because of manipulation by humans.
wilderness means an area that is, or can be restored to be—
(a) of sufficient size to enable the long-term protection of its natural systems and biological diversity; and
(b) substantially undisturbed by modern society; and
(c) remote at its core from points of mechanised access and other evidence of society.
wilderness area means an area declared under this Act as a wilderness area.
wildlife means any taxon or species of an animal, plant, protista, procaryote or virus.
wild river declaration see the Wild Rivers Act 2005, schedule.
World Heritage Convention means the Convention for the Protection of the World Cultural and Natural Heritage that has been adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, a copy of which is set out in the Wet Tropics World Heritage Protection and Management Act 1993, schedule 2.
World Heritage management area means an area declared under this or another Act as a World Heritage management area.