Queensland Consolidated Acts

NATURE CONSERVATION ACT 1992 - SCHEDULE

SCHEDULE Dictionary

"Aboriginal land" has the meaning given by the Aboriginal Land Act 1991 , section 8 .

"Aboriginal people" ...

"Aboriginal tradition" ...

"Aborigine" ...

"affected person" , for part 8A , see section 143C .

"aircraft" —

(a) means a machine or craft that can derive support in the atmosphere from the reactions of the air or from buoyancy; but

(b) does not include—

(i) a hovercraft; or

(ii) another machine or craft prescribed by regulation not to be an aircraft.

(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.

(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.

(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.

(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.

(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.

(a) living biomass;

(b) dead organic matter;

(c) soil;

(d) carbon sequestration by, and carbon stored in, a carbon abatement product mentioned in paragraphs (a) to (c) .

(a) the process by which the biomass, matter or soil removes and stores carbon dioxide from the atmosphere; and

(b) the use of the biomass, matter or soil to avoid, reduce or eliminate greenhouse gas emissions.

(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.

Editor’s note—

The English text of the convention is set out in Australian Treaty Series 1976 No. 29 .

(a) for a special wildlife reserve—a conservation agreement entered into under section 43B or amended under section 43E ; or

(b) for a nature refuge—a conservation agreement entered into under section 45 or 48 ; or

(c) for a coordinated conservation area—a conservation agreement entered into under—

(i) section 45 as in force before the commencement of the Nature Conservation and Other Legislation Amendment Act (No. 2) 2013 , section 43 ; or

(ii) section 48 .

(a) is designed and managed to facilitate the presentation, appreciation and conservation of the land’s natural condition and cultural resources and values (the
"primary purpose" ); and

(b) is managed in a way that does not allow an activity to be carried out on the land that—

(i) is inconsistent with the primary purpose; and

(ii) would require a significant change to the land’s natural condition or would adversely affect the conservation of the land’s cultural resources and values.

Example of an activity for subparagraph (ii)—

the construction of a golf course, amusement park or casino on the land

(a) for land in a national park, other than land stated in paragraph (c) —a service facility in existence on the land immediately before the land was dedicated as a national park; or

(b) for land in a national park (Cape York Peninsula Aboriginal land)—a service facility in existence on the land immediately before the land was dedicated as a national park (Cape York Peninsula Aboriginal land); or

(c) for land in a national park, or part of a national park, that is an Indigenous joint management area—a service facility in existence on the land immediately before the land was declared as an Indigenous joint management area; or

(d) for land in a special wildlife reserve—a service facility in existence on the land immediately before the land was declared as a special wildlife reserve.

(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.

(a) the decision;

(b) the reasons for the decision;

Note—

See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.

(c) that the person to whom the notice is given may ask for a review of the decision under this Act;

(d) how, and the period within which, the review may be started;

(e) if the person may apply for a stay of the operation of the decision under this Act—how the person may apply for the stay.

(a) the airspace above land; and

(b) land that is, or is at any time, covered by waters; and

(c) waters.

(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 in relation to transferred land as defined under the Aboriginal Land Act 1991 —the Indigenous landholder for the transferred land under that Act.

(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 .

(a) a protected area; or

(b) an area identified under a regulation or conservation plan as, or including—

(i) a critical habitat; or

(ii) an area of major interest;

(a) approved by the chief executive on 18 March 2011; and

(b) held in digital electronic form by the department; and

(c) available for inspection by the public.

(a) of land, for part 4 , division 2 , subdivision 4A , see section 39D ; or

(b) of a seized thing, for part 9 , division 2 , see section 154A .

(a) vacant land or premises; and

(b) a vehicle, boat or aircraft.

(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.

(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.

(a) national park (scientific);

(b) national park;

(c) conservation park;

(d) resources reserve.

(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.

(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.

(a) extinct wildlife; or

(b) extinct in the wild wildlife; or

(c) critically endangered wildlife; or

(d) endangered wildlife; or

(e) vulnerable wildlife; or

(f) near threatened wildlife; or

(g) least concern wildlife.

(a) the following aircraft—

(i) a hot air balloon;

(ii) a hang-glider;

(iii) a paraglider;

(iv) an ultralight aircraft; or

(b) the following wheeled devices—

(i) a kite buggy;

(ii) a land windsurfing board; or

(c) another craft or device prescribed by regulation to be a recreational craft.

(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.

(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.

(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.

(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) .

(a) extinct wildlife; or

(b) extinct in the wild wildlife; or

(c) critically endangered wildlife; or

(d) endangered wildlife; or

(e) vulnerable wildlife.

(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.