Recreation Areas Management Regulation 2017

Queensland Recreation Areas Management Act 2006 Recreation Areas Management Regulation 2017 Current as at 1 July 2019 © State of Queensland 2019 This work is licensed under a Creative Commons Attribution 4.0 International License. https://www.legislation.qld.gov.au/copyright Queensland Recreation Areas Management Regulation 2017 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part 2 Recreation areas 4 Continuing recreation areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Continued declared and amalgamated recreation areas . . . . . . 6 Part 3 Camping tags 6 Chief executive must issue camping tag . . . . . . . . . . . . . . . . . . . 6 7 Details to be written on camping tag . . . . . . . . . . . . . . . . . . . . . . 7 8 Display of camping tag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Tampering with camping tag . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 4 Using vehicles, vessels and recreational craft in recreation areas Division 1 Exemptions for motor vehicles 10 Exemptions for use of motor vehicles—recreation areas—Act, s 109 8 11 Exemptions for use of motor vehicles—class of vehicle—Act, s 109 10 Division 2 Requirements for using vehicles, vessels and recreational craft Subdivision 1 General requirements 12 Unauthorised use of motorised vessel . . . . . . . . . . . . . . . . . . . . 10 13 Traffic control for vehicles, vessels and recreational craft . . . . . . 11 14 Safe use of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Other requirements about using vehicles, vessels or recreational craft 12 Subdivision 2 Application of requirements under other legislation 16 Licensing requirement for vehicles . . . . . . . . . . . . . . . . . . . . . . . 14 17 Registration requirement for vehicles . . . . . . . . . . . . . . . . . . . . . 14 Contents Recreation Areas Management Regulation 2017 18 Safe use of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3 Vehicle tags 19 Chief executive must issue vehicle tags . . . . . . . . . . . . . . . . . . . 15 20 Details to be shown on vehicle tag . . . . . . . . . . . . . . . . . . . . . . . 16 21 Display of vehicle tag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 22 Invalid vehicle tag not to be displayed on vehicle . . . . . . . . . . . . 17 23 Vehicle tag not to be displayed if permit expired, cancelled, surrendered or suspended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 24 Vehicle tag to be returned if permit cancelled or surrendered . . . 17 25 Tampering with vehicle tag . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part 5 Animals and plants in recreation areas 26 Taking domesticated animals into recreation area—Act, s 121 . 18 27 Taking plants into recreation area—Act, s 123 . . . . . . . . . . . . . . 19 28 Plants in recreation area not to be removed etc. for making a fire 20 Part 6 Depositing waste in recreation areas and related matters 29 Depositing litter brought into recreation area . . . . . . . . . . . . . . . 21 30 Depositing other litter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 31 Non-combustible material not to be deposited in a fire . . . . . . . . 22 32 Glass not to be broken in recreation area . . . . . . . . . . . . . . . . . . 22 33 Disposing of animal waste in particular areas—Act, s 125 . . . . . 22 Part 7 Other conduct in recreation areas 34 Unlawfully soliciting donations or information . . . . . . . . . . . . . . . 23 35 Person not to display etc. notice etc. . . . . . . . . . . . . . . . . . . . . . . 23 36 Use of generators, compressors or motors—Act, s 128 . . . . . . . 24 37 Possession of weapons, explosives or traps—Act, s 130 . . . . . . 24 Part 8 Records and information Division 1 Requirements for keeping records 38 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 39 Keeping records about activities under commercial activity permits 25 40 Keeping records about activities under relevant organised event permits 26 41 When prescribed information must be included in a record . . . . 26 42 Further requirement for keeping electronic records . . . . . . . . . . 26 Division 2 Information to be included in records 43 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 44 Prescribed information for records about activities under commercial activity permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Page 2 Contents Recreation Areas Management Regulation 2017 45 Prescribed information for records about activities under relevant organised event permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 3 Requirements for giving information to chief executive 46 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 47 Giving information for commercial activity or relevant organised event permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 48 Fees to accompany information for relevant organised event permit 30 49 Holder of commercial activity permit to pay fees when invoiced . 30 Division 4 Other matters 50 Information must be complete, accurate and legible . . . . . . . . . . 30 Part 9 Fees payable under the Act Division 1 Fees payable 51 Fees generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 2 Fee reductions 52 Reduced application fee for organised event permits and commercial activity permits and agreements if equivalent fee paid under another Act 32 53 Reduced permit fee for commercial activity permits if equivalent fee paid under another Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 54 Reduced application fee for transfer of particular commercial activity permits if equivalent fee paid under another Act . . . . . . . . . . . . . 34 55 Reduced additional daily fee for organised event or commercial activity permit if equivalent fee paid under another Act . . . . . . . . . . . . . . 34 Division 3 Fee exemptions granted without application 56 Exemption for camping permit granted to particular persons . . . 36 Division 4 Fee exemptions granted on application Subdivision 1 Grounds for granting exemptions 57 Exemption for particular activities directed at conservation . . . . 37 58 Exemption for vehicle access permits granted to particular persons 37 59 Exemption for Cooloola Recreation Area vehicle access permits granted to residents of Inskip or Rainbow Beach . . . . . . . . . . . . . . . . . . . 38 Subdivision 2 Application process 60 Application for exemption of fee . . . . . . . . . . . . . . . . . . . . . . . . . 39 61 Deciding fee exemption application . . . . . . . . . . . . . . . . . . . . . . . 39 62 Grant of exemption under fee exemption application . . . . . . . . . 39 63 Refusal of exemption under fee exemption application . . . . . . . . 40 64 Effect of grant of exemption under fee exemption application . . 40 Division 5 Refund of fees Page 3 Contents Recreation Areas Management Regulation 2017 65 Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Part 10 Transitional provisions 66 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 67 Existing approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 68 Existing sign or marking for traffic control . . . . . . . . . . . . . . . . . . 43 69 Existing requirements about vehicle tag . . . . . . . . . . . . . . . . . . . 43 70 Existing application for exemption . . . . . . . . . . . . . . . . . . . . . . . . 43 71 Existing exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 72 References to 2007 regulation . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Schedule 1 Recreation areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Schedule 2 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Schedule 3 Inskip and Rainbow Beach areas . . . . . . . . . . . . . . . . . . . . . . 58 Schedule 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Page 4 [s 1] Recreation Areas Management Regulation 2017 Part 1 Preliminary Recreation Areas Management Regulation 2017 Part 1 Preliminary 1 Short title This regulation may be cited as the Recreation Areas Management Regulation 2017. 2 Commencement This regulation commences on 2 September 2017. 3 Definitions The dictionary in schedule 4 defines particular words used in this regulation. Part 2 Recreation areas 4 Continuing recreation areas (1) Each continuing recreation area is described in schedule 1, part 1. (2) A copy of a plan mentioned in schedule 1, part 1 may be inspected, free of charge, during business hours at the department’s head office. (3) In this section— continuing recreation area means an area of land— (a) set apart and declared to be a recreation area under the repealed Act; and (b) continued in existence as a recreation area under section 235 of the Act. Current as at 1 July 2019 Page 5 Authorised by the Parliamentary Counsel [s 5] Recreation Areas Management Regulation 2017 Part 3 Camping tags 5 Continued declared and amalgamated recreation areas (1) Each of the areas of State land described in schedule 1, part 2, column 2 and declared under section 7 of the Act to be a recreation area is continued in existence under this regulation as a recreation area. (2) A recreation area described in schedule 1, part 2, column 2— (a) has the corresponding name stated in column 1 of part 2 of the schedule; and (b) has the corresponding management intent stated in column 3 of part 2 of the schedule. (3) The area of State land described in schedule 1, part 3, column 2 that resulted from an amalgamation under section 8 of the Act is continued in existence under this regulation as a recreation area. (4) A recreation area described in schedule 1, part 3, column 2— (a) has the corresponding name stated in column 1 of part 3 of the schedule; and (b) has the corresponding management intent stated in column 3 of part 3 of the schedule. (5) A copy of a plan mentioned in schedule 1, part 2, column 2 or part 3, column 2 may be inspected, free of charge, during business hours at the department’s head office. Part 3 Camping tags 6 Chief executive must issue camping tag (1) This section applies if a person is granted a camping permit other than in a way mentioned in section 37(2), (3) or (4) of the Act. (2) The chief executive must give the person a camping tag for use under the permit when the permit is granted. Page 6 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 7] Recreation Areas Management Regulation 2017 Part 3 Camping tags 7 Details to be written on camping tag A person who has been granted a camping permit must ensure the following details are written on a camping tag being used under the permit— (a) the person’s name; (b) the number identifying the permit. Maximum penalty—2 penalty units. 8 Display of camping tag (1) A person camping under a camping permit must, immediately after the person makes camp, display in the prescribed way, the camping tag for the permit. Maximum penalty—2 penalty units. (2) The person must also take reasonable steps to ensure the camping tag remains displayed at the place where the person is camping while the person is camping under the permit. Maximum penalty—2 penalty units. (3) In this section— prescribed way, for displaying a camping tag for a camping permit, means to display the tag by attaching it, in a conspicuous position, to— (a) a tent, caravan or another structure being used for camping under the permit; or (b) if no tent, caravan or structure is being used for camping under the permit—a vehicle, vessel or equipment being used for camping under the permit. 9 Tampering with camping tag (1) A person must not, unless the person has a reasonable excuse, tamper with a camping tag displayed on a tent, caravan, structure, vehicle, vessel or other equipment being used for camping. Current as at 1 July 2019 Page 7 Authorised by the Parliamentary Counsel [s 10] Recreation Areas Management Regulation 2017 Part 4 Using vehicles, vessels and recreational craft in recreation areas Maximum penalty—20 penalty units. (2) In this section— tamper with, a camping tag, means— (a) to remove, damage or destroy the tag; or (b) to change anything written on the tag. Part 4 Using vehicles, vessels and recreational craft in recreation areas Division 1 Exemptions for motor vehicles 10 Exemptions for use of motor vehicles—recreation areas—Act, s 109 (1) For section 109(2)(b) of the Act, the following areas are prescribed— (a) Green Island Recreation Area; (b) Cooloola Recreation Area other than the following parts— (i) beaches between Middle Rocks (approximately latitude 25º55'47'' south) and the north bank of the Noosa River (approximately latitude 26º22'53'' south), and camping areas and visitor nodes adjacent to the beaches; (ii) the vehicle track commonly known as Leisha Track starting at Rainbow Beach (approximately latitude 25º56'57'' south, longitude 153º10'14'' east) and ending at Teewah Beach (approximately latitude 25º57'26'' south, longitude 153º10'33'' east); (iii) the vehicle track commonly known as the Freshwater Track starting at the area commonly Page 8 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 10] Recreation Areas Management Regulation 2017 Part 4 Using vehicles, vessels and recreational craft in recreation areas known as Bymien Picnic Area (approximately latitude 25º57'13'' south, longitude 153º06'18'' east) and ending at Teewah Beach (approximately latitude 26º00'19'' south, longitude 153º09'09'' east), and camping areas and visitor nodes adjacent to the vehicle track; (iv) the vehicle track commonly known as the Kings Bore Track starting at approximately latitude 25º59'39'' south, longitude 153º04'29'' and ending at approximately latitude 26º06'17'' south, longitude 153º06'47'' east; (c) Minjerribah Recreation Area other than the following parts— (i) Main Beach between Point Lookout (approximately latitude 27º26'13'' south, longitude 153º32'33'' east) and the northern end of Jumpinpin (approximately latitude 27º43'44'' south, longitude 153º46'59'' east), and camping areas and visitor nodes adjacent to the beach; (ii) Flinders Beach between the beach access road east of Amity (approximately latitude 27º23'22'' south, longitude 153º27'17'' east) to the western end of Adder Rock (approximately latitude 27º25'16'' south, longitude 153º30'51'' east), and camping areas and visitor nodes adjacent to the beach. (2) In this section— camping area means an area used for camping. vehicle track means an area the chief executive has designated as available for use by vehicles by erecting or displaying a notice at or near the entrance of the area. visitor node means a part of an area that— (a) persons visiting the area commonly use for a recreational purpose, including, for example— (i) for viewing an attraction; or (ii) for using, or accessing, amenities; or Current as at 1 July 2019 Page 9 Authorised by the Parliamentary Counsel [s 11] Recreation Areas Management Regulation 2017 Part 4 Using vehicles, vessels and recreational craft in recreation areas (iii) for a purpose relating to camping; and (b) is accessible by vehicles. Examples— • an area at which a vehicle may be parked to view a natural attraction • an area a person in a vehicle may use to access a barbecue area 11 Exemptions for use of motor vehicles—class of vehicle— Act, s 109 (1) For section 109(2)(c) of the Act, a government vehicle is prescribed. (2) In this section— government vehicle means a motor vehicle— (a) whose registered operator is a local government or a department or instrumentality of the State or the Commonwealth; and (b) that is used for official purposes. registered operator, of a motor vehicle, means the person in whose name the vehicle is registered under the Transport Operations (Road Use Management) Act 1995 or a law of the Commonwealth that corresponds to that Act. Division 2 Requirements for using vehicles, vessels and recreational craft Subdivision 1 General requirements 12 Unauthorised use of motorised vessel A person must not use or operate a motorised vessel on a freshwater lake or watercourse in a recreation area unless the use or operation is— Page 10 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 13] Recreation Areas Management Regulation 2017 Part 4 Using vehicles, vessels and recreational craft in recreation areas (a) authorised by the chief executive’s written approval; or (b) in accordance with a regulatory notice. Maximum penalty—20 penalty units. 13 Traffic control for vehicles, vessels and recreational craft (1) The chief executive may erect a sign, or place a marking, at a place in a recreation area regulating the use of a vehicle, vessel or recreational craft, or a type of vehicle, vessel or recreational craft, in the place, including, for example— (a) by imposing a speed limit; or (b) by marking a pedestrian crossing; or (c) stating a part of a place where the use, or a particular use, of the vehicle, vessel or recreational craft or the type of vehicle, vessel or recreational craft is prohibited or restricted; or (d) stating a part of a place where— (i) only authorised persons may use a vehicle, vessel or recreational craft; or (ii) only an authorised vehicle, vessel or recreational craft may be used. (2) An official traffic sign installed in a recreation area under the Transport Operations (Road Use Management) Act 1995 is taken to be a sign erected under subsection (1). (3) A person in control of a vehicle, vessel or recreational craft in the recreation area must comply with the sign or marking. Maximum penalty—20 penalty units. (4) For subsection (3), if the sign is an official traffic sign, a person complies with the subsection only if the person complies with the indication given by the sign. (5) An authorised person using a vehicle in a place where, because of a sign erected under subsection (1), only authorised persons may use vehicles must comply with the person’s authorisation. Current as at 1 July 2019 Page 11 Authorised by the Parliamentary Counsel [s 14] Recreation Areas Management Regulation 2017 Part 4 Using vehicles, vessels and recreational craft in recreation areas Maximum penalty—20 penalty units. (6) A person in control of an authorised vehicle in a place where, because of a sign erected under subsection (1), only authorised vehicles may be used must comply with the authorisation for the use of the vehicle. Maximum penalty—20 penalty units. (7) In this section— authorised means authorised in writing by the chief executive. indication see the Transport Operations (Road Use Management) Act 1995, schedule 4. official traffic sign see the Transport Operations (Road Use Management) Act 1995, schedule 4. 14 Safe use of vehicles (1) A person in a recreation area must not ride or travel in or on something being towed by a moving motor vehicle. Maximum penalty—20 penalty units. (2) A person in a recreation area must not carry a passenger, or travel as a passenger, on a quad bike or motorised trike other than on a seat designed to carry a passenger. Maximum penalty—20 penalty units. (3) In this section— motorised trike means a motorbike, within the meaning of the Transport Operations (Road Use Management) Act 1995, schedule 4, definition motorbike, paragraph (b). quad bike see the Queensland Road Rules, schedule 5. 15 Other requirements about using vehicles, vessels or recreational craft (1) A person must not, in a recreation area— Page 12 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 15] Recreation Areas Management Regulation 2017 Part 4 Using vehicles, vessels and recreational craft in recreation areas (a) drive or ride a vehicle, vessel or recreational craft at a speed or in a way that causes or may cause damage to the area; or (b) use a vehicle, vessel or recreational craft in a way that disrupts or may disrupt someone else’s enjoyment of the area; or (c) park or stand a vehicle, or moor a vessel, in a way that may cause damage to, or disturb, the area; or (d) drive, ride, or attempt to drive or ride, a vehicle, other than— (i) on a road; or (ii) on a part of a coastal beach that is not vegetated; or (iii) along a route or on a surface that a regulatory notice states is a route or surface along or on which a vehicle of that type may be driven or ridden. Maximum penalty—20 penalty units. (2) Subsection (1)(d) does not apply to an act done under a permit or other authority granted under the Act. (3) Also, subsection (1)(d)(i) or (ii) does not allow a person to drive, ride, or attempt to drive or ride, a vehicle on a road or coastal beach if driving or riding the vehicle on the road or beach is prohibited by a regulatory notice or a sign under section 13(1). (4) In this section— road includes— (a) an area formed, constructed or established as a car park; and (b) a track formed, constructed or established for the use of vehicles. Current as at 1 July 2019 Page 13 Authorised by the Parliamentary Counsel [s 16] Recreation Areas Management Regulation 2017 Part 4 Using vehicles, vessels and recreational craft in recreation areas Subdivision 2 Application of requirements under other legislation 16 Licensing requirement for vehicles A person must not, in a recreation area, drive or ride a vehicle for which the person is required, under an Act, to hold a licence to drive or ride the vehicle unless the person holds the licence. Maximum penalty—20 penalty units. 17 Registration requirement for vehicles (1) A person must not, in a recreation area, drive or ride a vehicle that is required, under an Act, to be registered for use on a road if it is not registered under the relevant law for the vehicle. Maximum penalty—20 penalty units. (2) In this section— relevant law, for a vehicle that is required, under an Act (the Registration Act), to be registered for use on a road, means— (a) the Registration Act; or (b) a law of another State that corresponds to the Registration Act. 18 Safe use of vehicles (1) If a person, while in a recreation area, does an act or makes an omission that, if done or made on a road, would contravene any of the following provisions of the Queensland Road Rules, the person commits an offence against this subsection— (a) section 256(1); (b) section 264; (c) section 265(1) or (3); Page 14 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 19] Recreation Areas Management Regulation 2017 Part 4 Using vehicles, vessels and recreational craft in recreation areas (d) section 266; (e) section 268; (f) section 270(1) or (2); (g) section 271(4) or (5). Maximum penalty—20 penalty units. (2) If a person, while in a recreation area, does an act or makes an omission that, if done or made on a road, would contravene the Transport Operations (Road Use Management) Act 1995, section 83 or 84, the person commits an offence against this subsection. Maximum penalty—20 penalty units. Division 3 Vehicle tags 19 Chief executive must issue vehicle tags (1) This section applies if— (a) a person is granted a vehicle access permit under section 42(1) of the Act for using a vehicle in a recreation area; or (b) a person is taken to have been granted a vehicle access permit under 42(2) or (3) of the Act for using a vehicle in a recreation area. (2) The chief executive must issue a tag or label (a vehicle tag) for use under the permit by either— (a) giving the vehicle tag to the person; or (b) making the vehicle tag available in an accessible and conspicuous position in or near the recreation area. (3) The vehicle tag must include a space for— (a) the registration number for the vehicle being used under the permit; and (b) the number identifying the permit. Current as at 1 July 2019 Page 15 Authorised by the Parliamentary Counsel [s 20] Recreation Areas Management Regulation 2017 Part 4 Using vehicles, vessels and recreational craft in recreation areas (4) If the chief executive issues a vehicle tag under subsection (2)(b), the chief executive must ensure the person who applied for the permit is given notice of the locations where vehicle tags are available for the area. (5) Without limiting subsection (4), the chief executive must— (a) publish on the department’s website the locations where vehicle tags are available for the recreation area; and (b) for a vehicle access permit taken to have been granted under section 42(2) of the Act—ensure the notice given under that section includes the locations where vehicle tags are available for the recreation area; and (c) for a vehicle access permit taken to have been granted under section 42(3) of the Act—ensure the person to whom the permit is granted is advised of the locations where vehicle tags are available for the recreation area. 20 Details to be shown on vehicle tag A person who has been granted a vehicle access permit for a vehicle must ensure the following details are written on the vehicle tag for the permit— (a) the registration number of the vehicle; (b) the number identifying the permit. Maximum penalty—2 penalty units. 21 Display of vehicle tag (1) This section applies if a vehicle is in a recreation area under a vehicle access permit. (2) A person in control of the vehicle must display the vehicle tag for the permit by attaching the tag to— (a) the lower left side of the vehicle’s windscreen; or (b) if the vehicle does not have a windscreen—another prominent position on the vehicle. Page 16 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 22] Recreation Areas Management Regulation 2017 Part 4 Using vehicles, vessels and recreational craft in recreation areas Maximum penalty—2 penalty units. (3) The person must also take reasonable steps to ensure the vehicle tag remains displayed on the vehicle while the vehicle is being used under the permit in the recreation area. Maximum penalty—2 penalty units. (4) This section applies subject to section 23. 22 Invalid vehicle tag not to be displayed on vehicle (1) A person in control of a vehicle in a recreation area must not display on the vehicle an invalid vehicle tag for the vehicle. Maximum penalty—2 penalty units. (2) In this section— invalid vehicle tag, for a vehicle in a recreation area, means a tag or label, issued by the chief executive for attaching to a vehicle, that is not a vehicle tag for a vehicle access permit authorising use of the vehicle in the area. 23 Vehicle tag not to be displayed if permit expired, cancelled, surrendered or suspended A person in control of a vehicle that has been taken into a recreation area under a vehicle access permit must ensure that the vehicle tag for the permit is not displayed on the vehicle if— (a) the permit has expired; or (b) the permit has been cancelled or surrendered; or (c) the permit is suspended. Maximum penalty—2 penalty units. 24 Vehicle tag to be returned if permit cancelled or surrendered (1) This section applies if— Current as at 1 July 2019 Page 17 Authorised by the Parliamentary Counsel [s 25] Recreation Areas Management Regulation 2017 Part 5 Animals and plants in recreation areas (a) a vehicle access permit is cancelled or surrendered; and (b) the chief executive gives the holder of the permit a written notice requiring the return of the vehicle tag for the permit. (2) The holder must, unless the holder has a reasonable excuse, return the vehicle tag to the chief executive within 10 business days after the day the notice is given. Maximum penalty—20 penalty units. 25 Tampering with vehicle tag (1) A person must not, unless the person has a reasonable excuse, tamper with a vehicle tag displayed on a vehicle in a recreation area. Maximum penalty—20 penalty units. (2) In this section— tamper with, a vehicle tag, means— (a) to remove, damage or destroy the tag; or (b) to change anything written on the tag. Part 5 Animals and plants in recreation areas 26 Taking domesticated animals into recreation area—Act, s 121 (1) This section prescribes, for section 121(2) of the Act, definition animal, paragraph (d), the way a domesticated animal may be taken into a recreation area. (2) A domesticated animal may be taken into a recreation area if— (a) the animal is on a vessel and remains on the vessel; and Page 18 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 27] Recreation Areas Management Regulation 2017 Part 5 Animals and plants in recreation areas (b) the vessel remains below low water mark or afloat between high water mark and low water mark. (3) A person may take a domesticated dog into the Moreton Island Recreation Area if— (a) the person is transporting the dog through the recreation area to or from land that is— (i) owned by the person; or (ii) the person’s principal place of residence; and (b) the only reasonable route to or from the land is through the recreation area; and (c) the person is taking the dog through the most direct route to or from the land; and (d) the dog is being transported— (i) in an enclosed vehicle; or (ii) on the tray of a vehicle and is securely tethered so as to be confined to the vehicle tray; and (e) the dog does not leave the vehicle or vehicle tray while the dog is in the recreation area. 27 Taking plants into recreation area—Act, s 123 (1) This section prescribes, for section 123(1)(b)(iv) of the Act, the circumstances in which a plant may be taken into a recreation area. (2) A person may take a plant into a recreation area if— (a) the plant is for consumption by an animal lawfully brought into the recreation area; or (b) the plant remains securely stored in or on a vehicle, vessel or aircraft while the plant is in the recreation area; or (c) each of the following applies— (i) the person is taking the plant to an area of land outside the recreation area; Current as at 1 July 2019 Page 19 Authorised by the Parliamentary Counsel [s 28] Recreation Areas Management Regulation 2017 Part 5 Animals and plants in recreation areas (ii) the most direct and reasonable route to the land is through the recreation area; (iii) the person owns or occupies the land or is authorised by the owner or occupier of the land to take the plant to the land; (iv) if the plant is in or on a vehicle, vessel or aircraft, the plant is securely stored in or on the vehicle, vessel or aircraft; (v) if the plant is not in or on a vehicle, vessel or aircraft, the person takes all reasonable steps to ensure no part of the plant is spread or released into the recreation area. (3) Without limiting subsection (2)(b) or (c)(iv), a plant is securely stored in or on a vehicle, vessel or aircraft if it is kept in or on the vehicle, vessel or aircraft in a way that ensures that no part of the plant is spread or released into the recreation area, including, for example, by keeping the plant— (a) in a cabin of the vehicle, vessel or aircraft; or (b) covered at all times. 28 Plants in recreation area not to be removed etc. for making a fire (1) A person must not remove, damage or use a plant in a recreation area for making a fire. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply if— (a) the chief executive has provided the plant in the recreation area for making a fire; or (b) the plant has been taken into the recreation area for making a fire in accordance with the chief executive’s written approval or a permit or regulatory notice. (3) In this section— Page 20 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 29] Recreation Areas Management Regulation 2017 Part 6 Depositing waste in recreation areas and related matters plant includes— (a) timber or a dead plant; and (b) a part of a plant. remove includes gather and dig up. Part 6 Depositing waste in recreation areas and related matters 29 Depositing litter brought into recreation area (1) This section applies to litter brought into a recreation area by a person. (2) The person, or anyone accompanying the person, must not deposit the litter in the recreation area unless the person has a reasonable excuse. Example of reasonable excuse— the person has been collecting litter from public land adjacent to the recreation area and brings the litter into the recreation area to deposit it in a litter bin Maximum penalty—20 penalty units. 30 Depositing other litter (1) This section applies to litter in a recreation area other than litter brought into the area. (2) If there are no litter bins in a recreation area, a person must not deposit litter in the area. Maximum penalty—20 penalty units. (3) If there are litter bins in the recreation area, a person must not— (a) subject to subsection (4), deposit litter in the area other than in a litter bin; or (b) deposit litter in contravention of a regulatory notice. Current as at 1 July 2019 Page 21 Authorised by the Parliamentary Counsel [s 31] Recreation Areas Management Regulation 2017 Part 6 Depositing waste in recreation areas and related matters Maximum penalty—20 penalty units. (4) A person must not deposit litter in a litter bin in a recreation area unless the litter is securely stored in the bin. Example of litter not being securely stored in a litter bin— the litter bin is full or damaged so that litter placed in or on the bin may escape from the bin Maximum penalty—20 penalty units. 31 Non-combustible material not to be deposited in a fire A person must not deposit non-combustible material in a fire in a recreation area. Examples of non-combustible material— can, bottle, brick, piece of steel Maximum penalty—20 penalty units. 32 Glass not to be broken in recreation area A person must not break glass in a recreation area. Maximum penalty—20 penalty units. 33 Disposing of animal waste in particular areas—Act, s 125 (1) This section prescribes, for section 125(2)(c) of the Act, the way for disposing of animal waste of a fish or crab taken in, or in a place adjacent to, a recreation area. (2) The animal waste may be disposed of in the recreation area by burying the waste below high water mark and at least 50cm below the surface of the land. (3) However, this section applies only to the following recreation areas— (a) Cooloola Recreation Area; (b) Fraser Island Recreation Area; (c) Inskip Peninsula Recreation Area; Page 22 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 34] Recreation Areas Management Regulation 2017 Part 7 Other conduct in recreation areas (d) Moreton Island Recreation Area. Part 7 Other conduct in recreation areas 34 Unlawfully soliciting donations or information (1) A person must not solicit donations or information in a recreation area without the written approval of the chief executive. Maximum penalty—20 penalty units. (2) A person who has the chief executive’s written approval to solicit donations or information in a recreation area must not solicit donations or information in a way that causes a disturbance to other persons in the area. Maximum penalty—20 penalty units. 35 Person not to display etc. notice etc. (1) A person must not, in a recreation area, display, distribute, drop, scatter, throw down or leave a notice, handbill or other printed or written matter without the written approval of the chief executive. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply in relation to— (a) installing an official traffic sign in a recreation area under the Transport Operations (Road Use Management) Act 1995; or (b) displaying printed or written matter authorised to be displayed in the recreation area under a law of the State or the Commonwealth. Current as at 1 July 2019 Page 23 Authorised by the Parliamentary Counsel [s 36] Recreation Areas Management Regulation 2017 Part 7 Other conduct in recreation areas 36 Use of generators, compressors or motors—Act, s 128 (1) This section prescribes, for section 128(d) of the Act, the circumstances in which a person may use a generator, compressor or other similar motor in a recreation area. (2) A person may use a generator, compressor or other similar motor in a recreation area if— (a) the generator, compressor or motor is on a vessel; and (b) the vessel is below low water mark or afloat between high water mark and low water mark; and (c) the generator, compressor or motor is not connected, including, for example, by an air hose or electrical lead, to a device on land. (3) Also, a person may use a generator if— (a) the person uses a generator to operate a device for the treatment of a person’s medical condition; and (b) the generator does not emit a noise of more than 65dB(A) when measured 7 metres from the generator. (4) In this section— medical condition, of a person, means a medical condition for which the person has a medical certificate or other document issued by a doctor stating that the person has the condition. 37 Possession of weapons, explosives or traps—Act, s 130 (1) This section prescribes, for section 130(2)(b) of the Act, the circumstances in which a person may possess a relevant device in a recreation area. (2) A person may possess a relevant device in a recreation area if, while the device is in the area, it is securely stored in a dismantled state in or on a vehicle or vessel. (3) Without limiting subsection (2), a relevant device is securely stored in or on a vehicle or vessel if it is kept in a place in or on the vehicle or vessel where it is not easily accessible and is out of sight. Page 24 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 38] Recreation Areas Management Regulation 2017 Part 8 Records and information (4) In this section— relevant device means a bow, catapult, weapon, explosive device, net, snare or trap. Part 8 Records and information Division 1 Requirements for keeping records 38 Purpose of division This division prescribes, for section 219(a) of the Act, the way records must be kept about activities authorised and conducted under a commercial activity permit or a relevant organised event permit. 39 Keeping records about activities under commercial activity permits (1) A record about an activity authorised and conducted under a commercial activity permit must be kept— (a) in— (i) a record book supplied by the chief executive; or (ii) an electronic record system approved by the chief executive; and (b) in a secure way at the following place— (i) if the chief executive has given the holder of the permit a written notice stating the place where the record is to be kept—the stated place; (ii) otherwise—the holder’s place of business; and (c) for 2 years after the activity ends. (2) A record book mentioned in subsection (1)(a)(i) is the property of the State. Current as at 1 July 2019 Page 25 Authorised by the Parliamentary Counsel [s 40] Recreation Areas Management Regulation 2017 Part 8 Records and information 40 Keeping records about activities under relevant organised event permits A record about an activity authorised and conducted under a relevant organised event permit must be kept— (a) in a written document or an electronic record system approved by the chief executive; and (b) in a secure way at the following place— (i) if the chief executive has given the holder of the permit a written notice stating the place where the record is to be kept—the stated place; (ii) otherwise—at the holder’s residential address or place of business; and (c) for 2 years after the activity ends. 41 When prescribed information must be included in a record (1) Prescribed information for a record about an activity authorised and conducted under a commercial activity permit or a relevant organised event permit must be included in the record before the end of each day on which the activity is conducted. (2) In this section— prescribed information, for a record about an activity authorised and conducted under a commercial activity permit or a relevant organised event permit, means the information prescribed under division 2 as information that must be included in the record. 42 Further requirement for keeping electronic records If a record is kept in an approved electronic record system under section 39 or 40 and the system is not working on the day particular information must be included in the record— Page 26 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 43] Recreation Areas Management Regulation 2017 Part 8 Records and information (a) the information must be recorded in a document in a form approved by the chief executive; and (b) the document is taken to be a part of the system. Division 2 Information to be included in records 43 Purpose of division This division prescribes, for section 219(b) of the Act, the information that must be included in records about activities authorised and conducted under a commercial activity permit or a relevant organised event permit. 44 Prescribed information for records about activities under commercial activity permits All of the following information must be included in a record about an activity authorised and conducted under a commercial activity permit, for each day the activity is conducted— (a) a description of the activity; (b) the sites visited or used for conducting the activity; (c) if the permit was issued for the purpose of filming or photography—the number of persons who took part in the activity; (d) if the permit was issued for a purpose other than filming or photography—the number of clients who took part in the activity; (e) if camping is conducted under the permit—the number of persons camping under the permit. Current as at 1 July 2019 Page 27 Authorised by the Parliamentary Counsel [s 45] Recreation Areas Management Regulation 2017 Part 8 Records and information 45 Prescribed information for records about activities under relevant organised event permits All of the following information must be included in a record about an activity authorised and conducted under a relevant organised event permit, for each day the activity is conducted— (a) a description of the activity; (b) the date the activity is conducted; (c) the sites visited or used for conducting the activity; (d) if the permit states the activity is a people-based activity—the number of persons who took part in the activity; (e) if the permit states the activity is a vehicle-based activity—the number of vehicles used for the activity; (f) if camping is conducted under the permit—the number of persons camping under the permit. Division 3 Requirements for giving information to chief executive 46 Purpose of division This division prescribes, for section 219(c) of the Act— (a) the way in which and the times at which information about activities authorised and conducted under a commercial activity permit or a relevant organised event permit must be given to the chief executive; and (b) the fees relating to the activities that must accompany the information. 47 Giving information for commercial activity or relevant organised event permits (1) This section applies for giving— Page 28 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 47] Recreation Areas Management Regulation 2017 Part 8 Records and information (a) information that— (i) is required under section 44 or 45 to be included in a record about an activity authorised and conducted under a commercial activity permit or a relevant organised event permit; and (ii) relates to an activity authorised and conducted under the permit during a prescribed period for the permit; or (b) information about another activity authorised under a commercial activity permit or a relevant organised event permit for a prescribed period for the permit. (2) The information must be given to the chief executive— (a) in the approved form; and (b) for each prescribed period for the permit; and (c) if the information is for a commercial activity permit— within 20 business days after each prescribed period for the permit; and (d) if the information is for a relevant organised event permit—within 10 business days after each prescribed period for the permit. (3) In this section— prescribed period, for a commercial activity permit or relevant organised event permit, means— (a) if the chief executive has given the holder of the permit a written notice stating each prescribed period for the permit—each stated period; or (b) otherwise— (i) each period of 3 months starting after the permit is granted; and (ii) if the permit ends within a 3-month period mentioned in subparagraph (i)—the period starting on the day the 3-month period started and ending on the day the permit ends. Current as at 1 July 2019 Page 29 Authorised by the Parliamentary Counsel [s 48] Recreation Areas Management Regulation 2017 Part 8 Records and information 48 Fees to accompany information for relevant organised event permit (1) This section applies for giving information required under section 45 to be included in a record about an activity authorised and conducted under a relevant organised event permit. (2) The information must be accompanied by any additional daily fee and any camping fee payable for the permit. 49 Holder of commercial activity permit to pay fees when invoiced (1) This section applies if the chief executive receives from the holder of a commercial activity permit the information the holder is required to give to the chief executive under section 47(2). (2) The chief executive must give the holder an invoice for any additional daily fee and any camping fee payable under schedule 2 for the permit for the period to which the information relates. (3) The invoice must state a period (the period for payment), of at least 7 days after the holder receives the invoice, within which the fees must be paid to the chief executive. (4) The holder must, within the period for payment, pay the fees to the chief executive for the period to which the information relates. Division 4 Other matters 50 Information must be complete, accurate and legible (1) This section applies to a person who is required under the Act to— (a) include information in a record about an activity authorised and conducted under a commercial activity permit or a relevant organised event permit; or Page 30 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 51] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act (b) give information about an activity authorised and conducted under a commercial activity permit or a relevant organised event permit to the chief executive. (2) The person must ensure the information is— (a) complete and accurate; and (b) legible; and (c) recorded in ink, unless the information is in electronic form. Maximum penalty—20 penalty units. Part 9 Fees payable under the Act Division 1 Fees payable 51 Fees generally (1) The fees payable under the Act are stated in schedule 2. (2) To remove any doubt, it is declared that a fee payable under the Act is a debt due to the State. (3) A proceeding may be instituted against a person for the recovery of a fee, or part of a fee, payable under the Act whether or not— (a) a prosecution has been instituted against the person for an offence in relation to the nonpayment; or (b) the person has been convicted of an offence in relation to the nonpayment. Current as at 1 July 2019 Page 31 Authorised by the Parliamentary Counsel [s 52] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act Division 2 Fee reductions 52 Reduced application fee for organised event permits and commercial activity permits and agreements if equivalent fee paid under another Act (1) This section applies to an application for an organised event permit, commercial activity permit or commercial activity agreement (a RAM application) if— (a) the organised event or commercial activity for which the permit or agreement is sought is to be conducted in— (i) a recreation area; and (ii) 1 or more of the following— (A) a forest reserve that was, immediately before its dedication as a forest reserve, a State forest under the Forestry Act 1959; (B) a protected area under the Nature Conservation Act 1992; (C) a State forest under the Forestry Act 1959; and (b) the applicant has also made an application for an authority (however called) for conducting the activity in the forest reserve, protected area or State forest (a related application); and (c) the applicant has paid an application fee (however called) for the related application; and (d) the chief executive is satisfied the RAM application and related application can be considered together. Example— A person applies for a commercial activity permit for conducting a commercial tour that is to be conducted in the Fraser Island Recreation Area and Noosa National Park. The day before the application was made the person applied, under the Nature Conservation Act 1992, for a commercial activity permit for Page 32 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 53] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act conducting the tour in Noosa National Park and the chief executive has not started considering that application under that Act. (2) The chief executive may waive all or part of the application fee payable under schedule 2 for the RAM application. (3) However, if the application fee payable for the RAM application is higher than the application fee paid for the related application, the chief executive can waive only an amount equivalent to the application fee paid for the related application. 53 Reduced permit fee for commercial activity permits if equivalent fee paid under another Act (1) This section applies if— (a) the chief executive waives all or part of the application fee payable for an application for a commercial activity permit under section 52; and (b) the holder of the permit has paid a permit fee (however called) for the authority mentioned in section 52(1)(b) (the equivalent authority). (2) The chief executive must also waive— (a) if the permit fee paid for the equivalent authority is the same or higher than the permit fee stated in schedule 2 for the commercial activity permit—the permit fee for the commercial activity permit; or (b) if the permit fee paid for the equivalent authority is lower than the permit fee stated in schedule 2 for the commercial activity permit—the amount of the permit fee for the commercial activity permit that is equivalent to the permit fee paid for the equivalent authority. Current as at 1 July 2019 Page 33 Authorised by the Parliamentary Counsel [s 54] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act 54 Reduced application fee for transfer of particular commercial activity permits if equivalent fee paid under another Act (1) This section applies to an application to transfer a joint permission permit under part 4, division 5A of the Act (a transfer application) if— (a) the permit forms part of a joint permission; and (b) the commercial activity for which the permit is held is conducted in— (i) a protected area under the Nature Conservation Act 1992; and (ii) a recreation area; and (c) the applicant has also made an application to transfer the permit in relation to conducting the activity in the protected area (the related application); and (d) the applicant has paid an application fee (however called) for the related application; and (e) the chief executive is satisfied the transfer application and related application can be considered together. (2) The chief executive may waive all or part of the transfer fee payable under schedule 2 for the transfer application. (3) However, if the transfer fee payable for the transfer application is higher than the application fee paid for the related application, the chief executive can waive only an amount equivalent to the application fee paid for the related application. 55 Reduced additional daily fee for organised event or commercial activity permit if equivalent fee paid under another Act (1) This section applies if— (a) the holder of an organised event permit or a commercial activity permit, other than for filming or photography, Page 34 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 55] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act conducts an organised event or commercial activity under the permit in— (i) the recreation area to which the permit applies; and (ii) 1 or more of the following— (A) a forest reserve that was, immediately before its dedication as a forest reserve, a State forest under the Forestry Act 1959; (B) a protected area under the Nature Conservation Act 1992; (C) a State forest under the Forestry Act 1959; and (b) the activity is conducted for the same clients in the recreation area and the forest reserve, protected area or State forest under an equivalent permit (however called); and (c) the holder has paid a daily fee (however called) for conducting the activity under the equivalent permit. (2) The additional daily fee payable under the Act for conducting the activity under the organised event permit or commercial activity permit is the amount worked out by deducting the amount of the daily fee paid for conducting the activity under the equivalent permit from the additional daily fee stated in schedule 2 for the organised event permit or commercial activity permit. (3) To remove any doubt, it is declared that a deduction under subsection (2) may result in the additional daily fee payable under the Act being zero. Example for subsection (3)— The holder of a commercial activity permit conducts a commercial tour lasting 3 hours for 10 clients in the Bribie Island Recreation Area and Glasshouse Mountains National Park. The holder has paid the applicable daily fee of $26 ($2.60 for each client) under the Nature Conservation Act 1992 for conducting the tour in the national park under a commercial activity permit under that Act. The $26 that has been paid is deducted from the applicable additional daily fee of $26 that would otherwise be payable under the Act for Current as at 1 July 2019 Page 35 Authorised by the Parliamentary Counsel [s 56] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act conducting the commercial tour in the recreation area under the commercial activity permit. The additional daily fee payable under the Act is therefore zero. (4) In this section— daily fee does not include a fee payable for camping overnight. Division 3 Fee exemptions granted without application 56 Exemption for camping permit granted to particular persons (1) No fee is payable for a camping permit granted to a person who is in a recreation area that is adjacent to a relevant national park to prepare— (a) a claim to, or a management statement or management plan for, the national park under the Aboriginal Land Act 1991; or (b) a claim to the national park under the Torres Strait Islander Land Act 1991. (2) In this section— national park means an area dedicated under the Nature Conservation Act 1992 as a national park. relevant national park means a national park, other than a special management area (controlled action) to allow activities of the type, or for the purpose, stated in the Nature Conservation Act 1992, section 17(1A)(a). Page 36 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 57] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act Division 4 Fee exemptions granted on application Subdivision 1 Grounds for granting exemptions 57 Exemption for particular activities directed at conservation (1) The chief executive may grant an exemption from the payment of a fee relating to a permit for a recreation area if the chief executive is satisfied— (a) the activities to be conducted under the permit will make a significant contribution to— (i) the conservation of nature generally; or (ii) the conservation or presentation of the cultural or natural resources of the recreation area to which the permit applies, or another recreation area, or a protected area or marine park; or (iii) the management of the recreation area to which the permit applies, or another recreation area, or a protected area or marine park; and (b) any commercial or recreational aspect of the activities is not the primary purpose for conducting the activities. (2) In this section— marine park see the Marine Parks Act 2004, schedule. protected area see the Nature Conservation Act 1992, schedule. 58 Exemption for vehicle access permits granted to particular persons (1) The chief executive may grant a person an exemption from the payment of a fee for a vehicle access permit for a recreation area if the chief executive is satisfied— Current as at 1 July 2019 Page 37 Authorised by the Parliamentary Counsel [s 59] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act (a) the person reasonably requires the permit to access— (i) the person’s principal place of residence; or (ii) land in which the person has a registered interest, other than land subject to a time share scheme; or (iii) the principal place of residence of a close relative of the person; or (b) the person reasonably requires the permit to access the recreation area for carrying out the person’s employment, trade, business or profession. (2) In this section— carrying out, employment, or a trade, business or profession, does not include soliciting for employment, trade or business. close relative, of a person, means the person’s— (a) spouse; or (b) parent or grandparent; or (c) brother or sister; or (d) child or grandchild. time share scheme see the Land Title Act 1994, schedule 2. 59 Exemption for Cooloola Recreation Area vehicle access permits granted to residents of Inskip or Rainbow Beach (1) The chief executive may grant a person an exemption from the payment of a fee for a vehicle access permit for the Cooloola Recreation Area, if the chief executive is satisfied the person’s principal place of residence is in Inskip or Rainbow Beach. (2) This section does not limit the operation of section 58. (3) In this section— Inskip or Rainbow Beach means the areas shown as Inskip or Rainbow Beach on the map in schedule 3. Page 38 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 60] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act Subdivision 2 Application process 60 Application for exemption of fee (1) A person may make an application (a fee exemption application) to the chief executive for an exemption from the payment of a fee for a permit under a ground mentioned in subdivision 1. (2) The fee exemption application must— (a) be in the approved form; and (b) include details to support why the exemption should be granted under the ground; and (c) be made before or when the application for the permit is made. (3) The applicant must provide any other relevant information reasonably required by the chief executive to decide the fee exemption application. 61 Deciding fee exemption application The chief executive must consider each fee exemption application and either— (a) grant the exemption, with or without conditions; or (b) refuse the application. 62 Grant of exemption under fee exemption application If the chief executive decides to grant the exemption to which a fee exemption application relates, the chief executive must give the applicant a written notice stating— (a) the permit to which it applies; and (b) if the chief executive has imposed any conditions on the exemption— (i) the conditions; and Current as at 1 July 2019 Page 39 Authorised by the Parliamentary Counsel [s 63] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act (ii) the reasons for the conditions. Example of a condition that may be imposed— An exemption from payment of a fee for a permit is granted on the condition that the activities conducted under the permit are conducted for a stated purpose that is consistent with the purpose of this Act, the Marine Parks Act 2004 or the Nature Conservation Act 1992. 63 Refusal of exemption under fee exemption application If the chief executive decides to refuse a fee exemption application, the chief executive must give the applicant a written notice stating— (a) the decision; and (b) the reasons for the decision. 64 Effect of grant of exemption under fee exemption application (1) This section applies if the chief executive has granted an exemption to which a fee exemption application relates. (2) The applicant is not required to pay the fee to which the exemption relates. (3) However, if the chief executive has imposed conditions on the exemption, subsection (2) applies only if the applicant complies with the conditions. Division 5 Refund of fees 65 Refund of fees (1) This section applies if a permit has been— (a) amended to an extent that the fee paid for the permit is higher than the fee that would be payable for the permit in its amended form; or (b) amended or suspended under section 64 of the Act; or Page 40 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 65] Recreation Areas Management Regulation 2017 Part 9 Fees payable under the Act (c) cancelled or suspended under section 65(1)(a) of the Act; or (d) surrendered under section 66 of the Act. (2) The chief executive may refund all or part of a fee paid for the permit if the chief executive considers the refund is appropriate having regard to— (a) the nature of the amendment, suspension, cancellation or surrender; and (b) any other relevant matter. (3) The chief executive may refund the fee in the way the chief executive considers appropriate. Examples of ways chief executive may refund fee— • by giving the person a cheque for the amount refunded • by deducting the amount refunded from another fee the person is required to pay under the Act (4) If a person applies to the chief executive for a refund under this section, the chief executive may deduct the refund processing fee from the amount refunded. (5) In this section— refund processing fee, for an application for a refund, means the fee— (a) decided by the chief executive, being not more than the reasonable cost of— (i) considering the application; and (ii) refunding the fee or part of the fee to the applicant; and (b) published on the department’s website. Current as at 1 July 2019 Page 41 Authorised by the Parliamentary Counsel [s 66] Recreation Areas Management Regulation 2017 Part 10 Transitional provisions Part 10 Transitional provisions 66 Definitions for part In this part— 2007 regulation means the Recreation Areas Management Regulation 2007 as in force immediately before the commencement. corresponding provision, for a previous provision, means a provision of this regulation that is substantially the same as or equivalent to the previous provision. previous, for a stated provision of the 2007 regulation, means the provision of the 2007 regulation with that number. previous provision means a provision of the 2007 regulation. 67 Existing approval (1) This section applies to any of the following approvals by the chief executive that are in force immediately before the commencement— (a) authority to use or operate a motorised vessel under previous section 10(a); (b) authority to take a plant into a recreation area under previous section 26(2)(b); (c) authority to solicit donations or information under previous section 32(1); (d) authority to display, distribute, drop, scatter, throw down or leave a notice, handbill or other printed or written matter under previous section 33(1); (e) an electronic record system approved under previous section 37(1)(a)(ii) or 38(a). (2) From the commencement, the approval is taken to be an approval issued under the corresponding provision for the previous provision. Page 42 Current as at 1 July 2019 Authorised by the Parliamentary Counsel [s 68] Recreation Areas Management Regulation 2017 Part 10 Transitional provisions 68 Existing sign or marking for traffic control (1) This section applies if, immediately before the commencement, a sign or marking under previous section 11(1) was in force. (2) The sign or marking is taken to have been erected or placed by the chief executive under section 13(1). 69 Existing requirements about vehicle tag (1) This section applies if— (a) before the commencement, the holder of a vehicle access permit was required, under previous section 22, to return the vehicle tag for the permit; and (b) at the commencement, the person had not done so. (2) The requirement to return the vehicle tag is taken to have been made under section 24. 70 Existing application for exemption (1) This section applies if— (a) before the commencement, a person applied to the chief executive under previous section 55 for an exemption from the payment of a fee for a permit; and (b) at the commencement, the chief executive had not made a final decision about the application. (2) The application is taken to have been made under section 60. 71 Existing exemption (1) This section applies if— (a) before the commencement, the chief executive granted, under previous section 56, an exemption from the payment of a fee for a permit; and (b) at the commencement, the permit is still in force. Current as at 1 July 2019 Page 43 Authorised by the Parliamentary Counsel [s 72] Recreation Areas Management Regulation 2017 Part 10 Transitional provisions (2) The exemption is taken to have been granted under section 61. 72 References to 2007 regulation In an instrument— (a) a reference to the 2007 regulation may, if the context permits, be taken to be a reference to this regulation; and (b) a reference to a previous provision may, if the context permits, be taken to be a reference to the corresponding provision for the previous provision. Page 44 Current as at 1 July 2019 Authorised by the Parliamentary Counsel Schedule 1 Recreation Areas Management Regulation 2017 Schedule 1 Recreation areas sections 4 and 5 Part 1 Continuing recreation areas Name Description Bribie Island Recreation Area the land shown on plan RAMA 5 Fraser Island Recreation Area the land shown on plan RAMA 4, other than— (a) the land shown on inset L to the plan; and (b) the land described as lots 5 to 9 on CP825863 containing an area of about 8.598ha Green Island Recreation Area the land shown on plan RAMA 2 Inskip Peninsula Recreation Area the land shown on inset L to plan RAMA 4 Moreton Island Recreation Area the land shown on plan RAMA 1 Note— The Moreton Island Recreation Area and the Moreton Island Recreation Area 1 were amalgamated to form the Moreton Island Recreation Area mentioned in part 3. Current as at 1 July 2019 Page 45 Authorised by the Parliamentary Counsel Schedule 1 Recreation Areas Management Regulation 2017 Part 2 Continued declared recreation areas Column 1 Name Column 2 Description Column 3 Management intent Cooloola Recreation Area the land shown on plan RAMA 6 (a) to provide nature-based recreation and tourism opportunities and settings that complement and maintain the area’s natural condition and protect the area’s cultural resources and values; and (b) to maintain the quality of recreation and tourism opportunities and visitor experiences; and (c) to maintain the scenic appeal of the natural coastline, coastal dune systems, forests, waterways, lakes and estuarine areas through sustainable nature-based recreation in an undeveloped environment; and (d) to protect the area’s natural diversity associated with the sensitive sand environment, including significant animal species and plant communities; and (e) to protect the area’s cultural resources and values Page 46 Current as at 1 July 2019 Authorised by the Parliamentary Counsel Schedule 1 Recreation Areas Management Regulation 2017 Minjerribah Recreation Area the land shown on plan RAMA 7 (a) to provide nature-based recreation and tourism opportunities and settings that complement and maintain the area’s natural condition and protect the area’s cultural resources and values; and (b) to maintain the quality of recreation and tourism opportunities and visitor experiences; and (c) to maintain the scenic appeal of the area, including the foreshores, dune systems, forests and freshwater systems, through sustainable nature-based recreation in a predominantly natural environment; and (d) to protect the area’s natural diversity associated with the sensitive sand environment, including significant animal species and plant communities; and (e) to facilitate opportunities for the expression of the customs and aspirations of the traditional owners of the area; and (f) to work with the traditional owners of the area to protect the area’s indigenous cultural values; and (g) to achieve the goals mentioned in paragraphs (a) to (f) by implementing policies that are consistent with recognition of— Column 1 Name Column 2 Description Column 3 Management intent Current as at 1 July 2019 Page 47 Authorised by the Parliamentary Counsel Schedule 1 Recreation Areas Management Regulation 2017 Part 3 Continued amalgamated recreation area (i) the native title rights and interests of the traditional owners of the area; and (ii) the status of the traditional owners as the custodians and managers of their traditional country Column 1 Name Column 2 Description Column 3 Management intent Moreton Island Recreation Area the land shown on plan RAMA 1–2 (a) to provide nature-based recreation and tourism opportunities and settings that complement and maintain the area’s natural condition and protect the area’s cultural resources and values; and (b) to maintain the quality of recreation and tourism opportunities and visitor experiences; and (c) to maintain the scenic appeal of the area’s natural landscape, dune systems, forests, freshwater systems and foreshore areas through sustainable nature-based recreation in an undeveloped environment; and Column 1 Name Column 2 Description Column 3 Management intent Page 48 Current as at 1 July 2019 Authorised by the Parliamentary Counsel Schedule 1 Recreation Areas Management Regulation 2017 (d) to protect the area’s natural diversity associated with the sensitive sand environment, including significant animal species and plant communities; and (e) to protect the area’s cultural resources and values Column 1 Name Column 2 Description Column 3 Management intent Current as at 1 July 2019 Page 49 Authorised by the Parliamentary Counsel Schedule 2 Recreation Areas Management Regulation 2017 Schedule 2 Fees section 51(1) $ 1 Camping permit for a recreation area other than Minjerribah Recreation Area— (a) for each night that the camp the subject of the permit is to be attended— (i) for each person, 5 years or older, taking part in an educational tour, or a camp, of a type approved by the chief executive 3.65 (ii) for each other person 5 years or older 6.65 (b) for each night that the camp the subject of the permit is to be unattended 6.65 (c) maximum for a family for each night 4 times the fee for each other person as stated in paragraph (a)(ii) 2 Camping permit for the Main Beach camping area— (a) for a daily permit during a peak period, for each night— (i) for 1 or 2 persons 19.90 (ii) for each other person 5 years to 17 years 6.25 (iii) for each other person 18 years or older 8.20 (b) for a daily permit during an off-peak period, for each night— (i) for 1 or 2 persons 17.35 (ii) for each other person 5 years to 17 years 5.00 Page 50 Current as at 1 July 2019 Authorised by the Parliamentary Counsel Schedule 2 Recreation Areas Management Regulation 2017 (iii) for each other person 18 years or older 6.25 (c) for a weekly permit during a peak period, for each week— (i) for 1 or 2 persons 139.80 (ii) for each other person 5 years to 17 years 44.05 (iii) for each other person 18 years or older 57.85 (d) for a weekly permit during an off-peak period, for each week— (i) for 1 or 2 persons 87.00 (ii) for each other person 5 years to 17 years 25.15 (iii) for each other person 18 years or older 31.40 3 Camping permit for the Flinders Beach camping area— (a) for a daily permit during a peak period, for each night— (i) for 1 or 2 persons 27.05 (ii) for each other person 5 years to 17 years 6.95 (iii) for each other person 18 years or older 10.15 (b) for a daily permit during an off-peak period, for each night— (i) for 1 or 2 persons 19.90 (ii) for each other person 5 years to 17 years 5.65 (iii) for each other person 18 years or older 7.60 (c) for a weekly permit during a peak period, for each week— (i) for 1 or 2 persons 189.90 (ii) for each other person 5 years to 17 years 49.00 (iii) for each other person 18 years or older 71.60 (d) for a weekly permit during an off-peak period, for each week— $ Current as at 1 July 2019 Page 51 Authorised by the Parliamentary Counsel Schedule 2 Recreation Areas Management Regulation 2017 (i) for 1 or 2 persons 99.80 (ii) for each other person 5 years to 17 years 28.70 (iii) for each other person 18 years or older 38.25 4 Camping fee for each night camped in a self-registration camping area under a camping permit taken to have been granted under section 37(4) of the Act— (a) for each person, 5 years or older, camping under the permit 6.65 (b) maximum for a family 4 times the fee stated for each other person as stated in paragraph (a) 5 Vehicle access permit for Bribie Island Recreation Area— (a) for a term of 1 week or less 50.60 (b) for a term of more than 1 week 158.00 6 Vehicle access permit for Cooloola Recreation Area only— (a) for a term of 1 day or less— (i) if obtained using the internet 13.20 (ii) otherwise 19.90 (b) for a term of more than 1 day but not more than 1 week 33.50 (c) for a term of more than 1 week but not more than 1 month 52.75 (d) for a term of more than 1 month 265.30 7 Vehicle access permit for both Cooloola Recreation Area and Fraser Island Recreation Area— $ Page 52 Current as at 1 July 2019 Authorised by the Parliamentary Counsel Schedule 2 Recreation Areas Management Regulation 2017 (a) for a term of 1 month or less 84.65 (b) for a term of more than 1 month 424.70 8 Vehicle access permit for Minjerribah Recreation Area 47.85 9 Vehicle access permit for a recreation area, other than a permit to which item 5, 6, 7 or 8 applies— (a) for a term of 1 month or less 52.75 (b) for a term of more than 1 month 265.30 10 Organised event permit— (a) application fee 34.95 (b) additional daily fee if special access is allowed, special supervision is needed, or an area is reserved for use, for the activity conducted under the permit, for each day on which the activity is conducted under the permit— (i) if the activity is a vehicle-based activity—for each vehicle used for the activity 5.05 (ii) if the activity is a people-based activity—for each person taking part in the activity 2.55 (c) camping fee for each night camped under the permit— (i) for each person, 5 years or older, taking part in the activity conducted under the permit— (A) if the activity is an educational tour, or a camp, of a type approved by the chief executive 3.65 (B) otherwise 6.65 (ii) maximum for a family 4 times the fee for each other person as stated in subpara graph (i)(B) $ Current as at 1 July 2019 Page 53 Authorised by the Parliamentary Counsel Schedule 2 Recreation Areas Management Regulation 2017 11 Commercial activity permit for filming or photography if no prescribed structure is involved— (a) if 11 or more persons are involved in the filming or photography— (i) application fee 370.60 (ii) renewal fee 370.60 (iii) permit fee—for each day on which activities are conducted under the permit 185.80 (b) camping fee for each person, 5 years or older, camping under the permit, for each night camped under the permit— (i) if the activity conducted under the permit is an educational tour, or a camp, of a type approved by the chief executive 3.65 (ii) otherwise 6.65 12 Commercial activity permit for filming or photography if prescribed structure is involved— (a) for 1 to 5 persons involved in the filming or photography— (i) application fee 185.80 (ii) renewal fee 185.80 (iii) permit fee—for each day on which activities are conducted under the permit 185.80 (b) for 6 to 25 persons involved in the filming or photography— (i) application fee 920.00 (ii) renewal fee 920.00 (iii) permit fee—for each day on which activities are conducted under the permit 920.00 (c) for 26 to 50 persons involved in the filming or photography— $ Page 54 Current as at 1 July 2019 Authorised by the Parliamentary Counsel Schedule 2 Recreation Areas Management Regulation 2017 (i) application fee 1,851.00 (ii) renewal fee 1,851.00 (iii) permit fee—for each day on which activities are conducted under the permit 1,851.00 (d) for 51 or more persons involved in the filming or photography— (i) application fee 3,715.00 (ii) renewal fee 3,715.00 (iii) permit fee—for each day on which activities are conducted under the permit 3,715.00 (e) camping fee for each person, 5 years or older, camping under the permit, for each night camped under the permit— (i) if the activity conducted under the permit is an educational tour, or a camp, of a type approved by the chief executive 3.65 (ii) otherwise 6.65 13 Commercial activity permit other than for filming or photography— (a) application fee— (i) if the permit is the same or substantially the same as a commercial activity permit held by the applicant within the previous 3 months 176.20 (ii) otherwise 352.90 (b) renewal fee 176.20 (c) permit fee— (i) for a term of 3 months or less 70.65 (ii) for a term of more than 3 months but not more than 1 year 282.00 (iii) for a term of more than 1 year but not more than 2 years 565.00 $ Current as at 1 July 2019 Page 55 Authorised by the Parliamentary Counsel Schedule 2 Recreation Areas Management Regulation 2017 (iv) for a term of more than 2 years but not more than 3 years 798.00 (v) for a term of more than 3 years— (A) for the first 3 years of the term 798.00 (B) for each year after the third year of the term 266.90 (d) transfer fee 175.80 (e) additional daily fee for each client, 5 years or older, of the holder of the permit taking part in the activity conducted under the permit, if the activity is not an educational tour, or camp, of a type approved by the chief executive— (i) for an activity in Green Island Recreation Area 2.85 (ii) for an activity in Bribie Island Recreation Area, Cooloola Recreation Area, Minjerribah Recreation Area or Moreton Island Recreation Area— (A) lasting less than 3 hours 2.08 (B) lasting 3 hours or more 3.70 (iii) for an activity in another recreation area— (A) lasting less than 3 hours 3.95 (B) lasting 3 hours or more 8.35 (f) camping fee for each client, 5 years or older, of the holder of the permit camping under the permit, for each night camped under the permit— (i) if the activity conducted under the permit is an educational tour, or a camp, of a type approved by the chief executive 3.65 (ii) otherwise 6.65 $ Page 56 Current as at 1 July 2019 Authorised by the Parliamentary Counsel Schedule 2 Recreation Areas Management Regulation 2017 14 Application (Act, s 62) for amendment of a camping permit, vehicle access permit or commercial activity permit, other than to change the permit holder’s name or address, the vehicle stated in the permit or, if the holder is a corporation, the name or address of the person responsible for conducting the activity under the permit— (a) for a camping permit taken to have been granted under section 37(2) or (3) of the Act for an e-permit camping area, unless an exemption or waiver has been granted for the full permit fee for the permit— (i) for every third amendment 15.00 (ii) for every other amendment nil (b) for an amendment of any other camping permit nil (c) for an amendment of a vehicle access permit or commercial activity permit, unless an exemption or waiver has been granted for the full permit fee for the permit—for each amendment 18.35 15 Application (Act, s 62) for amendment of a camping permit, vehicle access permit or commercial activity permit to change the permit holder’s name or address, the vehicle stated in the permit or, if the holder is a corporation, the name or address of the person responsible for conducting the activity under the permit nil 16 Replacement of a damaged, destroyed, lost or stolen permit 8.35 17 Commercial activity agreement— (a) for submission of an expression of interest 352.90 (b) for an application 352.90 (c) for using a way, not involving submission of an expression of interest or an application, to enter into a commercial activity agreement nil $ Current as at 1 July 2019 Page 57 Authorised by the Parliamentary Counsel Schedule 3 Recreation Areas Management Regulation 2017 Schedule 3 Inskip and Rainbow Beach areas section 59 Page 58 Current as at 1 July 2019 Authorised by the Parliamentary Counsel Schedule 4 Recreation Areas Management Regulation 2017 Schedule 4 Dictionary section 3 client means— (a) in relation to an activity authorised under a commercial activity permit—a person taking part in the activity, other than a person employed, contracted or otherwise engaged to conduct the activity by the permit holder; or (b) in relation to an activity authorised under an organised event permit—a person taking part in the activity. daily permit means a camping permit issued for a period of less than 7 days. fee exemption application see section 60(1). Flinders Beach camping area means the area, in the Minjerribah Recreation Area, adjacent to Flinders Beach that the chief executive has designated as a camping area by erecting or displaying a notice at or near the entrance of the area. high water mark means the ordinary high water mark at spring tides. litter includes broken glass. litter bin means a receptacle for litter provided by the chief executive. low water mark means the ordinary low water mark at spring tides. Main Beach camping area means the area, in the Minjerribah Recreation Area, adjacent to Main Beach that the chief executive has designated as a camping area by erecting or displaying a notice at or near the entrance of the area. off-peak period means a period other than a peak period. Current as at 1 July 2019 Page 59 Authorised by the Parliamentary Counsel Schedule 4 Recreation Areas Management Regulation 2017 peak period means a period that consists of 1 or more days that are approved student vacations for State schools under the Education (General Provisions) Act 2006. people-based activity means an organised event other than a vehicle-based activity. relevant organised event permit means an organised event permit under which— (a) camping is authorised; or (b) special access is allowed, special supervision is needed, or an area is reserved for use, for an activity conducted under the permit. special access, in relation to an activity to be conducted under an organised event permit, means access to a recreation area or a part of a recreation area, for conducting the activity that is prohibited or restricted under the Act without the written authorisation or approval of the chief executive. special supervision, in relation to an activity to be conducted under an organised event permit, means supervision of the activity that the chief executive reasonably considers is needed for conducting the activity, including, for example, for ensuring public safety or environmental protection. Example of when special supervision may be needed— The chief executive may consider that supervision by an authorised officer of a motor vehicle rally conducted under an organised event permit is needed for ensuring public safety. traditional owners means the Aboriginal people who identify as descendants of the original inhabitants of the land or part of the land contained in the Minjerribah Recreation Area. vehicle-based activity means an organised event for which the chief executive reasonably considers that a significant component of the activity involves using a vehicle. Example of an activity that may be a vehicle-based activity— a motor vehicle rally vehicle tag, for a vehicle, see section 19(2). Page 60 Current as at 1 July 2019 Authorised by the Parliamentary Counsel Schedule 4 Recreation Areas Management Regulation 2017 weekly permit means a camping permit issued for a whole number of weeks. Current as at 1 July 2019 Page 61 Authorised by the Parliamentary Counsel