Queensland Consolidated Acts

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WILD RIVERS ACT 2005 - SCHEDULE --

DICTIONARY

activity, in relation to carrying out an activity in a wild river area, includes the construction of works.

agricultural activities—

1 Agricultural activities means—
(a) cultivating soil; or
(b) planting, irrigating, gathering or harvesting a crop, including a food or fibre crop; or
(c) disturbing the soil to establish non-indigenous grasses, legumes or forage cultivars; or
(d) using the land for horticulture or viticulture.
2 The term does not include—
(a) producing agricultural products for the domestic needs of the occupants of the land if the maximum area of the land on which the products are produced is the following—
(i) for fewer than 10 occupants of the land—0.25ha;
(ii) for 10 or more but fewer than 50 occupants of the land—2ha;
(iii) for 50 or more but fewer than 100 occupants of the land—4ha;
(iv) for 100 or more occupants of the land—6ha; or
(ab) producing agricultural products in a market garden, if the maximum area of land on which the products are produced is not more than 4ha; or
(b) baling or cutting pasture; or
(c) broadcasting seed to establish an improved pasture; or
(d) planting, gathering or harvesting a crop of pasture or grain species in a preservation area if the pasture or grain species is—
(i) only for animal feed; and
(ii) neither a high risk species nor a moderate risk species for the wild river area of which the preservation area is a part; or
(e) improving pasture using low impact soil disturbance if the pasture species is neither a high risk species nor a moderate risk species for the wild river area; or
(f) forestry activities; or
(g) activities carried out for land rehabilitation or remediation; or
Examples—
deep ripping, shallow ponding
(h) blade ploughing in an area that, under the Vegetation Management Act 1999, is a category X area or category C area on a PMAV.

amendment proposal see section 23.

amendment proposal notice see section 23.

animal husbandry activities—

1 Animal husbandry activities means—
(a) breeding, keeping, raising or caring for animals, for commercial purposes, that—
(i) rely on prepared, packaged or manufactured feed or irrigated or ponded pastures; and
(ii) are kept in a pen, yard, enclosure, pond, cage, shed, stables or other confined area or structure; or
(b) establishing a feedlot, piggery or dairy.
2 The term does not include—
(a) grazing; or
(b) raising livestock for the domestic needs of the occupants of the land; or
(c) keeping livestock, for example horses, necessary for working the land; or
(d) giving livestock supplementary feed, including, for example, by using roller drums, blocks, licks or protein meals—
(i) to maintain the livestock's survival; or
(ii) to improve the livestock's fertility; or
(iii) for an activity associated with an activity mentioned in item 1; or
Example—
weaning
(iv) if the livestock is predominantly reliant on native or improved pasture for feed—to prepare the livestock for sale; or
(e) aquaculture; or
(f) environmentally relevant activities.

applicable code see the Planning Act, schedule 3.

appropriately qualified, for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.
Example of standing—
a person's classification level in the public service

assessment manager see the Planning Act, section 246(1).

Aurukun project see section 46.

catchment includes a sub-catchment.

consultation report see section 38.

declaration proposal see section 11.

declaration proposal notice see section 11.

designated urban area means an area described in a wild river declaration as a designated urban area.

development application see the Planning Act, schedule 3.

disaster management see the Disaster Management Act 2003, section 14.

environmentally relevant activity see the Environmental Protection Act 1994, section 18.

floodplain management area means an area described in a wild river declaration as a floodplain management area.

forestry activities means the growing, managing or harvesting of timber for commercial purposes.

high preservation area means the part of a wild river area described as the high preservation area in the wild river declaration for the area.

high risk species, for a wild river area, means a plant species listed in the wild river declaration for the area as a plant species that has a high risk of having an adverse impact on the natural values of the wild river area that the declaration is intended to preserve.

IDAS see the Planning Act, section 230.

Indigenous reference group see section 47A(1).

Lake Eyre Basin means the area consisting of the catchment areas of the following—

(a) Cooper Creek and its tributaries;
(b) Georgina River and its tributaries;
(c) Diamantina River and its tributaries.

low impact soil disturbance, for a pasture, means a method that does not disturb—

(a) soil in the pasture to a depth greater than 5cm; and
(b) more than 40% of the area of the pasture being improved.

major tributary, of a wild river, means a major tributary mentioned in the wild river declaration for the wild river area that includes the wild river.

mining tenement means a prospecting permit, mining claim, exploration permit, mineral development licence or mining lease under the Mineral Resources Act 1989.

moderate risk species, for a wild river area, means a plant species listed in the wild river declaration for the area as a plant species that has a moderate risk of having an adverse impact on the natural values of the wild river area that the declaration is intended to preserve.

moratorium extension notice—

(a) about a proposed wild river declaration—see section 9; or
(b) about a proposed amendment of a wild river declaration—see section 21.

moratorium period—

(a) for the declaration of a wild river area—see section 9; and
(b) for the amendment of a wild river declaration—see section 21.

natural resource includes water, minerals, quarry material and native vegetation.

nominated waterway see section 6.

notice of intent—

(a) for the declaration of a wild river area—see section 8; and
(b) for the amendment of a wild river declaration—see section 20.

owner, of land—

(a) for part 2, division 2A, means any of the following—
(i) the registered proprietor of the land;
(ii) the lessee or licensee under the Land Act 1994 of the land;
(iii) the person or body of persons who, for the time being, has lawful control of the land, on trust or otherwise; and
(b) otherwise, means any of the following—
(i) the registered proprietor of the land;
(ii) the lessee or licensee under the Land Act 1994 of the land;
(iii) the holder of a mineral development licence, mining lease or exploration permit under the Mineral Resources Act 1989;
(iv) the person or body of persons who, for the time being, has lawful control of the land, on trust or otherwise;
(v) the person who is entitled to receive the rents and profits of the land;
(vi) any other person, if the person is in lawful occupation of the land.

Planning Act means the Sustainable Planning Act 2009.

PNG pipeline project see section 47.

prepared declaration see section 52.

preservation area means the part of a wild river area described as the preservation area in the wild river declaration for the area.

properly made submission means a submission that—

(a) is in writing and is signed by each entity who made the submission; and
(b) is received on or before the last day for the making of the submission; and
(c) states the name and address of each entity who made the submission; and
(d) states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and
(e) is received by the person stated in the notice inviting the submission.

property development plan means a plan approved under section 31E.

proposed plan, for part 2, division 2A, subdivision 1, see section 31B.

proposed wild river area means a part of the State mentioned in a notice of intent as a proposed wild river area.

publish, for a notice, means publish the notice—

(a) in a newspaper circulating, or by announcement over a radio broadcasting, generally throughout—
(i) for a notice about a proposed wild river declaration—the proposed wild river area to which the declaration relates; or
(ii) for a notice about a proposed amendment or revocation of a wild river declaration—the wild river area to which the declaration relates; and
(b) on the department's website; and
(c) if the Minister considers it appropriate in the circumstances—in a newspaper circulating generally throughout the State.

quarry material see the Water Act 2000, schedule 4.

resource operations plan see the Water Act 2000, schedule 4.

special agreement Act see the Environmental Protection Act 1994, section 584.

special feature, of a wild river area, means a special feature mentioned in the wild river declaration for the area.

special floodplain management area means an area described in a wild river declaration for a part of the Lake Eyre Basin as a special floodplain management area.

specified works see section 48.

subartesian management area means an area described in a wild river declaration as a subartesian management area.

threshold limit, in relation to an activity or a natural resource, means the extent to which the activity may be carried out or the natural resource taken, for example—

(a) the extent to which a structure may be increased; or
(b) the amount of water that may be taken.

water resource plan see the Water Act 2000, schedule 4.

wild river means a river described as a wild river in a wild river declaration.

wild river area means—

(a) an area declared under part 2 as a wild river area; or
(b) an area shown as a wild river area in a prepared declaration.

wild river declaration means—

(a) a declaration approved under part 2; or
(b) a declaration that under section 54 is taken to be a wild river declaration.

wild river document see section 39.

wild river ranger see section 47D(2).

wild river rangers program see section 47C.

wild river report see section 40.

wild rivers code see section 6A.



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