Queensland Consolidated Acts Queensland Consolidated Actsadditional conditions notice, for an e-permit camping area, means a notice erected or displayed near an e-permit camping notice stating conditions, applying to a person camping in the area, additional to the conditions stated in the e-permit camping notice.
aircraft includes a helicopter.
approved management plan means a final management plan approved under section 22.
area land-holder means any of the following for land in a recreation area—
(a) for freehold land—the registered owner of the land;
(b) for land subject to a lease or licence under the Land Act 1994—the holder of the lease or licence;
(c) for a reserve under the Land Act 1994 placed under the control of a trustee—the trustee;
(d) for land subject to a mining interest—the holder of the interest;
(e) for land subject to an exclusive possession determination—the holder of the native title rights and interests under the determination;
(f) for land (licence area) subject to a plantation licence under the Forestry Act 1959—
(i) the chief executive of the department in which that Act is administered; and
(ii) the plantation licensee for the licence area;
(g) for State land—the chief executive of the department administering the land.
assistance dog see the Guide, Hearing and Assistance Dogs Act 2009, schedule 4.
authorisation, in relation to a commercial activity agreement, means—
(a) the commercial activity authorised to be conducted under the agreement; and
(b) the obligations under the agreement for, and the conditions relating to, the conduct of the activity.
authorised officer means a person appointed as an authorised officer under this Act.
buyer, for part 5, division 6, see section 94(1).
camp includes each of the following—
(a) to pitch, place or erect a tent, caravan or another structure that may be used for camping for the purpose of staying overnight by using the tent, caravan or structure;
(b) to place other equipment that may be used for camping, or a vehicle or vessel, in position for the purpose of staying overnight by using the equipment, vehicle or vessel;
(c) to keep a tent, caravan, another structure or other equipment that may be used for camping in position overnight, whether or not the tent, caravan, structure or equipment is unattended;
(d) to stay overnight, other than as part of an activity that—
(i) does not involve the use of any camping equipment; and
(ii) is generally not considered to be camping.
camping fee means the fee prescribed under a regulation for camping in a recreation area.
camping fee container see section 218(3).
camping fee envelope see section 218(5)(b).
camping form see section 218(3).
camping permit includes a camping permit taken to have been granted under—
(a) section 37(2) or (3) for an e-permit camping area; and
(b) section 37(4) for a self-registration camping area.
camping tag means a tag made available by the chief executive for display at a person's camp site to show the person has a camping permit for the site.
commercial activity—
1 A commercial activity is an activity conducted for gain.
Examples of activities conducted for gain—
the hire or sale of goods or services
commercial photography
a guided tour, safari, scenic flight, cruise or excursion
advertising or promoting the use of a recreation area as part of a tour, safari, scenic flight, cruise or excursion
advertising or promoting the use of a recreation area as a feature associated with a resort or tourist facility on land adjoining the area
2 A commercial activity does not include—
(a) an exempt activity; or
(b) an exempt media activity.
commercial activity agreement means an agreement entered into under section 69.
corresponding authority means a permit, licence or other authority issued under another law of the State, authorising entry to, the use of, or the doing of a thing in, an area within a recreation area for an activity or purpose for which a permit or other authority may be issued under this Act.
cultural resources, of a recreation area, means places or objects having an anthropological, archaeological, historical, scientific, spiritual or sociological significance or value, including a significance or value of that kind under Aboriginal tradition or Island custom.
demerit point means a demerit point accumulated under section 142.
department's website means the department's website on the internet.
determination of native title see the Native Title Act 1993 (Cwlth), section 225.
e-permit camping area means a recreation area, or part of a recreation area, stated to be an e-permit camping area by an e-permit camping notice.
e-permit camping notice see section 216.
exclusive possession determination, for land, means a determination of native title that includes a determination to the effect that native title rights and interests under the determination confer possession of the land on native title holders to the exclusion of all others.
executive officer, of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person's position is given the name of executive officer.
exempt activity means an activity for which the chief executive is reasonably satisfied the use of a recreation area is incidental to, and not integral to, the conducting of the activity.
Examples of exempt activities—
a scheduled bus service through a recreation area that is not a part of a tour or safari in the area
conducting an activity in a recreation area if the activity involves a trade and is conducted for the chief executive or an area land-holder
providing a mechanical or vehicle towing service for a visitor in a recreation area
commercial fishing under the Fisheries Act 1994, other than a commercial fishing tour
exempt media activity means an activity that is—
(a) the filming or photographing of, or in relation to, an event; and
(b) conducted when, or as soon as practicable after, the event happens; and
(c) conducted for publishing a report of the event—
(i) on television or in a newspaper, magazine or similar publication; and
(ii) to inform the public about the event; and
(d) of a type the chief executive has declared as exempt media activity by publishing the declaration on the department's website.
external review, for a decision, means a review of the decision by QCAT under the QCAT Act.
group activity—
1 A group activity is an activity involving the organised use of a part of a recreation area—
(a) by a group of persons; and
(b) in a way that may restrict access to the part by the general public, or affect the enjoyment of the part by the general public, having regard to—
(i) the location of the part; and
(ii) the number of members of the public that are likely to be in the area at the time the activity is being carried out.
Examples of activities that may be a group activity—
a concert, rally, public meeting, religious activity, wedding or organised sporting activity
2 A group activity does not include an activity carried out in an area, by a relevant Aboriginal or Torres Strait Islander entity for the area, under Aboriginal tradition or Island custom.
guide dog see the Guide, Hearing and Assistance Dogs Act 2009, schedule 4.
hearing dog see the Guide, Hearing and Assistance Dogs Act 2009, schedule 4.
information notice, about a decision, means a notice stating each of the following—
(a) the decision;
(b) the reasons for the decision;
(c) how the person receiving the notice may apply for a review of the decision;
(d) that the person receiving the notice may apply, as provided under the QCAT Act, to QCAT for a stay of the decision.
insurance cover, for activities to be conducted under a commercial activity or group activity permit, means a policy of insurance that insures the applicant for the permit against a claim for damage, injury or loss to a person, and damage to property, arising from the activities to be conducted under the permit.
internal review decision see section 208(1)(b).
lake includes lagoon, swamp, marsh and any other natural collection of water.
land includes—
(a) land that is, or is at any time, covered by water; and
(b) Queensland waters.
management intent, for a recreation area, includes an outline of each of the following—
(a) the goals intended to be achieved by managing the area;
(b) the policies to be implemented to achieve the goals.
mining interest means—
(a) a mining claim, mineral development licence or mining lease under the Mineral Resources Act 1989; or
(b) a petroleum lease under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or
(c) a potential commercial area declared under the Petroleum and Gas (Production and Safety) Act 2004.
motor vehicle—
1 Motor vehicle includes a bus, car, motorbike, quad, tractor, trike or truck.
2 Motor vehicle does not include an aircraft, a bicycle, a hovercraft or motorised wheelchair.
native title party, for an area, means—
(a) a registered native title body corporate under the Native Title Act 1993 (Cwlth), section 253 for the area; or
(b) an entity, other than a registered native title body corporate, that is the subject of a determination of native title under the Native Title Act 1993 (Cwlth), and is registered on the National Native Title Register as holding native title rights and interests for the area; or
(c) a registered native title claimant under the Native Title Act 1993 (Cwlth), section 253 for the area; or
(d) if there is no registered native title claim for the area and an entity has filed a native title determination application in the Federal Court for the area—the entity.
natural resources, of a recreation area, means the natural and physical features and processes of the area, including living organisms, soil, water, minerals and air.
other party, for a commercial activity agreement, see section 89.
permit means a permit issued under this Act.
permit fee means the fee prescribed under a regulation for a permit issued under this Act.
personal water craft means a power driven device that—
(a) has a fully enclosed hull designed not to take on water if capsized; and
(b) is designed to be operated by a person standing, crouching or kneeling on it or sitting astride it.
place includes vacant land or premises.
prescribed commercial activity means a commercial activity declared under section 97 to be a prescribed commercial activity.
public health and safety act means an act, the regulation or prohibition of which, the chief executive believes is necessary or desirable to diminish the risk of death, injury or illness to users of a recreation area or adjoining areas.
public notice means a notice published in—
(a) a newspaper circulating generally in the area in which the recreation area the subject of the notice is located; and
(b) a newspaper circulating throughout the State.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably considers means considers on grounds that are reasonable in the circumstances.
recreational craft means a hot-air balloon, hang-glider, hovercraft, parachute, paraglider, ultralight aircraft or other craft or device prescribed under a regulation.
recreation area means an area declared under section 7 to be a recreation area.
recreation area agreement see section 6(2).
recreation management condition see section 72(1).
registrar of titles means the registrar of titles under the Land Title Act 1994.
regulatory notice see section 99.
relevant Aboriginal or Torres Strait Islander entity, for a recreation area or proposed recreation area, means—
(a) a native title party for the area; or
(b) an Aboriginal party for the area under the Aboriginal Cultural Heritage Act 2003; or
(c) a Torres Strait Islander party for the area under the Torres Strait Islander Cultural Heritage Act 2003; or
(d) a person entitled, under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 61, to take marine products or fauna in the area.
relevant details, for a group activity permit, a commercial activity permit, a commercial activity agreement or a corresponding authority, means the details needed to identify the following matters—
(a) the name of the person to whom the permit or authority has been issued or the name of the other party to the agreement;
(b) the date on which the permit, agreement or authority was issued or entered into;
(c) the recreation area, or the part of a recreation area, to which the permit, agreement or authority applies;
(d) the activity authorised under the permit, agreement or authority.
repealed Act means the repealed Recreation Areas Management Act 1988.
restricted access area means an area declared to be a restricted access area under section 101 or 102.
restricted access area notice see section 101(1).
reviewable decision means a decision of the chief executive for which an information notice must be given.
self-registration camping area, see section 218.
self-registration camping notice, see section 218(1).
seller, for part 5, division 6, see section 94(1).
specified cooking or heating appliance means a portable cooking or heating appliance that is self-contained and uses manufactured fuel, including, for example, refined oil or gas.
State land means all land in Queensland that is not—
(a) freehold land (other than freehold land for which the State is the registered proprietor); or
(b) land contracted to be granted in fee simple by the State; or
(c) a reserve under the Land Act 1994 under the control of a trustee who does not represent the State; or
(d) subject to a lease or licence under the Land Act 1994; or
(e) subject to a mining interest; or
(f) subject to an exclusive possession determination; or
(g) subject to a plantation licence under the Forestry Act 1959.
under control, for a dog, means—
(a) a person who is physically able to control the dog is holding the dog by a leash; or
(b) the dog is securely tethered to a fixed object and is under the supervision of a person who is physically able to control the dog; or
(c) the dog is being transported in an enclosed vehicle, carry cage or other suitable closed container; or
(d) the dog is being transported on the tray of a vehicle and is securely tethered so as to be confined to the vehicle tray.
vehicle includes a bicycle, hovercraft, motor vehicle and any other form of transport designed for movement over land.
vessel includes a barge, boat, ferry, hovercraft, personal water craft, pontoon, water taxi or other thing capable of carrying people or goods through water.
watercourse means a river, creek or stream in which water flows permanently or intermittently.