Cape York Peninsula Heritage Act 2007

Queensland Cape York Peninsula Heritage Act 2007 Current as at 29 March 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 Cape York Peninsula Heritage Act 2007 Contents Page Part 1 Preliminary Division 1 Introduction and objects of Act 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 How objects are primarily achieved . . . . . . . . . . . . . . . . . . . . . . . 4 5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2 Interpretation 6 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Meaning of Cape York Peninsula Region . . . . . . . . . . . . . . . . . . 5 Part 2 Areas of international conservation significance Division 1 Preliminary 8 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2 Declaration of areas of international conservation significance 9 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Notice and consultation about declaration . . . . . . . . . . . . . . . . . 6 11 Criteria for declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Minor amendment of boundary of area of international conservation significance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 3 Indigenous community use areas Division 1 Preliminary 13 Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 2 Declaration of indigenous community use areas 14 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Consultation about declaration . . . . . . . . . . . . . . . . . . . . . . . . . . 8 16 Criteria for declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 4 Matters about particular development in Cape York Peninsula Contents Cape York Peninsula Heritage Act 2007 Region Division 1 Preliminary 17 Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2 Development for a special indigenous purpose 18 Development—generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 19 Development in indigenous community use area . . . . . . . . . . . . 10 Part 5 Committees Division 1 Cape York Peninsula Regional Advisory Committee 20 Establishment and functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 2 Cape York Peninsula Region Scientific and Cultural Advisory Committee 22 Establishment and functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 23 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 6 Miscellaneous 25 Special provision about pastoral leases . . . . . . . . . . . . . . . . . . . 15 26 Special provision about particular declaration under the Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 27 Special provision about water reserve . . . . . . . . . . . . . . . . . . . . 16 27A Prohibition on, and dealing with applications for, grant of mining interest in relation to particular land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 28 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 29 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part 7 Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016 30 Continuing application of pt 4 to existing vegetation clearing application 18 Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Page 2 [s 1] Cape York Peninsula Heritage Act 2007 Part 1 Preliminary Cape York Peninsula Heritage Act 2007 An Act to provide for the identification of the significant natural and cultural values of Cape York Peninsula, and cooperative and ecologically sustainable management of Cape York Peninsula Part 1 Preliminary Division 1 Introduction and objects of Act 1 Short title This Act may be cited as the Cape York Peninsula Heritage Act 2007. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Objects of Act The objects of this Act are— (a) to identify significant natural and cultural values of Cape York Peninsula; and (b) to provide for cooperative management, protection and ecologically sustainable use of land, including pastoral land, in the Cape York Peninsula Region; and (c) to recognise the economic, social and cultural needs and aspirations of indigenous communities in relation to land use in the Cape York Peninsula Region; and Current as at 29 March 2019 Page 3 Authorised by the Parliamentary Counsel [s 4] Cape York Peninsula Heritage Act 2007 Part 1 Preliminary (d) to recognise the contribution of the pastoral industry in the Cape York Peninsula Region to the economy and land management in the region. 4 How objects are primarily achieved The objects are to be achieved primarily by providing for— (a) the declaration of areas of international conservation significance; and (b) the cooperative involvement of landholders in the management of the natural and cultural values of Cape York Peninsula; and (c) the continuance of an environmentally sustainable pastoral industry as a form of land use in the Cape York Peninsula Region; and (d) the declaration of indigenous community use areas in which indigenous communities may undertake appropriate economic activities; and (e) the establishment of committees to advise the environment Minister and vegetation management Minister about particular matters under this Act. 5 Act binds all persons This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. Division 2 Interpretation 6 Dictionary The dictionary in the schedule defines particular words used in this Act. Page 4 Current as at 29 March 2019 Authorised by the Parliamentary Counsel [s 7] Cape York Peninsula Heritage Act 2007 Part 2 Areas of international conservation significance 7 Meaning of Cape York Peninsula Region (1) The Cape York Peninsula Region is the part of the State shown as, and stated to be included in, the Cape York Peninsula Region on the designated map. Editor’s note— The map may be viewed on the natural resources department’s website. (2) The exact location of the boundary of the Cape York Peninsula Region is held in digital electronic form by the natural resources department. (3) The information held in digital electronic form can be reduced or enlarged to show the details of the boundary. (4) In this section— designated map means a map prepared and held by the natural resources department— (a) called ‘Map 2 Cape York Peninsula Region’; or (b) prescribed under a regulation. natural resources department means the department in which the Land Act 1994 is administered. Part 2 Areas of international conservation significance Division 1 Preliminary 8 Purpose of pt 2 The purpose of this part is to provide for the declaration of land in the Cape York Peninsula Region as an area of international conservation significance. Current as at 29 March 2019 Page 5 Authorised by the Parliamentary Counsel [s 9] Cape York Peninsula Heritage Act 2007 Part 2 Areas of international conservation significance Division 2 Declaration of areas of international conservation significance 9 Declaration (1) A regulation may declare a part of the Cape York Peninsula Region to be an area of international conservation significance. (2) The regulation must— (a) describe the area for which the declaration is made; and (b) state the area’s significant natural and cultural values for which the declaration is made. 10 Notice and consultation about declaration (1) Before a part of the Cape York Peninsula Region is declared to be an area of international conservation significance, the environment Minister— (a) must publish a notice that— (i) identifies the area proposed to be declared; and (ii) invites persons who may have an interest in the area to give submissions to the Minister about the proposal within a stated period of at least 28 days after the notice is published; and (b) must consider the submissions given to the Minister under paragraph (a)(ii); and (c) must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration. (2) A submission under subsection (1)(a)(ii) may be given to the environment Minister in the way the Minister considers appropriate. Page 6 Current as at 29 March 2019 Authorised by the Parliamentary Counsel [s 11] Cape York Peninsula Heritage Act 2007 Part 2 Areas of international conservation significance (3) Subsection (1) does not limit the extent to which the environment Minister may consult with any other person or entity the Minister considers appropriate. (4) In this section— publish, for a notice, means publish in a newspaper circulating generally in the State and publish in the gazette. 11 Criteria for declaration (1) A regulation may declare a part of the Cape York Peninsula Region to be an area of international conservation significance only if the environment Minister— (a) has complied with section 10(1); and (b) is satisfied that, based on an assessment of the part’s natural and cultural values, the part meets 1 or more of the criteria for inclusion on the World Heritage List established and kept under the World Heritage Convention. Editor’s note— The criteria may be viewed on the United Nations Educational, Scientific and Cultural Organization’s website at <whc.unesco.org/en/criteria>. (2) In this section— World Heritage Convention see the Nature Conservation Act 1992, schedule. 12 Minor amendment of boundary of area of international conservation significance A regulation may amend the boundary of an area of international conservation significance without section 10(1) applying if— (a) the amendment is only to make a minor change to the boundary because of new information about the area’s natural and cultural values; and Current as at 29 March 2019 Page 7 Authorised by the Parliamentary Counsel [s 13] Cape York Peninsula Heritage Act 2007 Part 3 Indigenous community use areas (b) the environment Minister has consulted with each person the Minister reasonably considers may have an interest in the area to be included or excluded from the area of international conservation significance under the proposed amendment. Part 3 Indigenous community use areas Division 1 Preliminary 13 Purpose of pt 3 The purpose of this part is to provide for the declaration of land in the Cape York Peninsula Region as an indigenous community use area. Division 2 Declaration of indigenous community use areas 14 Declaration (1) The Governor in Council may, by gazette notice, declare a part of the Cape York Peninsula Region that is Aboriginal land or DOGIT land to be an indigenous community use area. (2) The notice must describe the area for which the declaration is made. 15 Consultation about declaration (1) Before a part of the Cape York Peninsula Region is declared to be an indigenous community use area, the vegetation management Minister must consult with the regional advisory committee and the scientific and cultural advisory committee about the proposed declaration. Page 8 Current as at 29 March 2019 Authorised by the Parliamentary Counsel [s 16] Cape York Peninsula Heritage Act 2007 Part 4 Matters about particular development in Cape York Peninsula Region (2) Subsection (1) does not limit the extent to which the vegetation management Minister may consult with any other person or entity the Minister considers appropriate. 16 Criteria for declaration The Governor in Council may declare a part of the Cape York Peninsula Region to be an indigenous community use area only if— (a) the landholder for the land the subject of the declaration has asked the vegetation management Minister, in writing, for the declaration to be made; and (b) the vegetation management Minister— (i) has complied with section 15(1); and (ii) is satisfied that the land has the potential to support agricultural, animal husbandry, aquacultural or grazing activities. Part 4 Matters about particular development in Cape York Peninsula Region Division 1 Preliminary 17 Purpose of pt 4 The purpose of this part is to provide for how the vegetation management Minister may be satisfied, for the Vegetation Management Act 1999, section 22A(2AA), that development applied for under a vegetation clearing application is for a special indigenous purpose. Current as at 29 March 2019 Page 9 Authorised by the Parliamentary Counsel [s 18] Cape York Peninsula Heritage Act 2007 Part 4 Matters about particular development in Cape York Peninsula Region Division 2 Development for a special indigenous purpose 18 Development—generally (1) The vegetation management Minister may be satisfied that development applied for under a vegetation clearing application is for a special indigenous purpose if— (a) the application is for proposed development on Aboriginal land or DOGIT land in the Cape York Peninsula Region; and (b) the application does not involve the clearing of native vegetation— (i) in an endangered regional ecosystem; or (ii) in an of concern regional ecosystem; or (iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and (c) the vegetation management Minister is satisfied the proposed clearing for the development— (i) is of a minor nature; and Example of clearing of a minor nature— clearing a small area for subsistence farming (ii) will not have a significant impact on the natural values of the area. (2) In considering the matters mentioned in subsection (1)(c), the vegetation management Minister must have regard to any existing authorities, however called, for clearing vegetation on the land the subject of the vegetation clearing application. 19 Development in indigenous community use area The vegetation management Minister also may be satisfied that development applied for under a vegetation clearing application is for a special indigenous purpose if— Page 10 Current as at 29 March 2019 Authorised by the Parliamentary Counsel [s 19] Cape York Peninsula Heritage Act 2007 Part 4 Matters about particular development in Cape York Peninsula Region (a) the application is for proposed development in an indigenous community use area; and (b) the application is accompanied by a plan (the property development plan) for the proposed development that includes all of the following information— (i) the extent and location of the proposed clearing for the development; (ii) particulars of the development, including when it is expected to be completed; (iii) evidence that there is no suitable alternative site for the development; (iv) evidence that the development can not be carried out without the proposed clearing; (v) details about how adverse impacts of the proposed clearing will be minimised or mitigated; (vi) details about how vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; (vii) the nature and extent of any other thing done or proposed to be done in addition to the development that has had, or may have, a beneficial impact on the natural values of the indigenous community use area or land in its vicinity; (viii)details of a business plan, for activities related to the development, showing information about the viability of the activities; and (c) the application does not involve the clearing of native vegetation— (i) in an endangered regional ecosystem; or (ii) in an of concern regional ecosystem; or (iii) for the purpose of planting a high risk species, or trees to make woodchips for export; and Current as at 29 March 2019 Page 11 Authorised by the Parliamentary Counsel [s 20] Cape York Peninsula Heritage Act 2007 Part 5 Committees (d) the vegetation management Minister is satisfied that, having regard to the property development plan— (i) the development is for agricultural, animal husbandry, aquacultural or grazing activities; and (ii) the development is likely to be economically viable; and (iii) the proposed clearing for the development is limited to the extent necessary to carry out the development; and (iv) there is no suitable alternative site for the development, on the land the subject of the vegetation clearing application, that is reasonably available and would not require the clearing of native vegetation; and (v) vegetation will be rehabilitated on the land the subject of the application if the development does not happen or ends; and (vi) any other thing done or proposed to be done, as mentioned in paragraph (b)(vii), is on balance beneficial to the natural values of the indigenous community use area or land in its vicinity; and (vii) the development can not be carried out without the proposed clearing. Part 5 Committees Division 1 Cape York Peninsula Regional Advisory Committee 20 Establishment and functions The environment Minister and the vegetation management Minister must establish a committee (the Cape York Page 12 Current as at 29 March 2019 Authorised by the Parliamentary Counsel [s 21] Cape York Peninsula Heritage Act 2007 Part 5 Committees Peninsula Regional Advisory Committee) to advise the Ministers about— (a) matters relating to the declaration of— (i) areas of international conservation significance; and (ii) indigenous community use areas; and (b) other matters the Ministers consider appropriate having regard to the objects of this Act, including, for example, land management. 21 Membership (1) Subject to subsections (2) to (4), the environment Minister and the vegetation management Minister may decide the membership of the regional advisory committee. (2) The vegetation management Minister is to appoint the chairperson of the regional advisory committee. (3) At least half the members of the regional advisory committee must be representatives of the indigenous people of the Cape York Peninsula Region. (4) The regional advisory committee must include at least— (a) 2 persons the Ministers consider represent conservation interests; and (b) 2 persons the Ministers consider represent the interests of persons engaged in grazing activities in the Cape York Peninsula Region; and (c) 1 person the Ministers consider represents the interests of persons engaged in tourism activities in the region; and (d) 1 person the Ministers consider represents the interests of persons engaged in mining activities in the region; and (e) 1 person the Ministers consider represents the interests of local governments in the region. Current as at 29 March 2019 Page 13 Authorised by the Parliamentary Counsel [s 22] Cape York Peninsula Heritage Act 2007 Part 5 Committees Division 2 Cape York Peninsula Region Scientific and Cultural Advisory Committee 22 Establishment and functions The environment Minister and the vegetation management Minister must establish a committee (the Cape York Peninsula Region Scientific and Cultural Advisory Committee) to advise the Ministers about— (a) matters relating to the natural and cultural values of land proposed to be— (i) an area of international conservation significance; or (ii) an indigenous community use area; and (b) other matters the Ministers consider appropriate having regard to the objects of this Act. 23 Membership (1) Subject to subsection (2), the environment Minister and the vegetation management Minister may decide the membership of the scientific and cultural advisory committee. (2) The scientific and cultural advisory committee must include at least— (a) 1 person the Ministers consider has relevant experience or expertise in matters relating to the environment; and (b) 1 person the Ministers consider has relevant experience or expertise in matters relating to cultural heritage; and (c) 1 person the Ministers consider has relevant experience or expertise in matters relating to the economy. Page 14 Current as at 29 March 2019 Authorised by the Parliamentary Counsel [s 25] Cape York Peninsula Heritage Act 2007 Part 6 Miscellaneous Part 6 Miscellaneous 25 Special provision about pastoral leases (1) This section applies if a pastoral lease for land in the Cape York Peninsula Region is proposed to be surrendered under the Land Act 1994. (2) The Minister administering the Land Act 1994 must, before the pastoral lease is surrendered— (a) consider the effect the surrender of the lease may have on the pastoral industry in the Cape York Peninsula Region; and (b) consider any regional and local planning strategies and policies relevant to the Cape York Peninsula Region; and (c) consult with the Minister administering the Biosecurity Act 2014 about the proposed surrender. (3) This section does not limit any provision of the Land Act 1994 about the surrender of a lease under that Act. (4) In this section— pastoral lease means a term lease for pastoral purposes under the Land Act 1994. 26 Special provision about particular declaration under the Vegetation Management Act 1999 (1) Despite the Vegetation Management Act 1999, section 17(1)(a), the Governor in Council may declare relevant land to be an area of high nature conservation value under that section only if the landholder for the land has asked the vegetation management Minister, in writing, for the declaration to be made. (2) In this section— relevant land means— Current as at 29 March 2019 Page 15 Authorised by the Parliamentary Counsel [s 27] Cape York Peninsula Heritage Act 2007 Part 6 Miscellaneous (a) Aboriginal land; or (b) DOGIT land. 27 Special provision about water reserve (1) This section applies to a water plan made— (a) in relation to an area in the Cape York Peninsula Region; and (b) after the commencement of the section. (2) The water plan must provide for a reserve of water in the area to which the plan relates for the purpose of helping indigenous communities in the area achieve their economic and social aspirations. (3) In deciding the reserve for a water plan, the Minister administering the Water Act 2000 must consider the purposes of chapter 2 of that Act. (4) In this section— water plan means a water plan under the Water Act 2000. 27A Prohibition on, and dealing with applications for, grant of mining interest in relation to particular land (1) This section applies in relation to the following land (the protected land)— (a) lot 3 on SP189937; (b) lots 4, 18 and 20 on SP189951; (c) lot 153 on SP288864. (2) A mining interest may not be granted in relation to the protected land. (3) A person may not apply for the grant of a mining interest in relation to the protected land. Page 16 Current as at 29 March 2019 Authorised by the Parliamentary Counsel [s 28] Cape York Peninsula Heritage Act 2007 Part 6 Miscellaneous (4) If an application for the grant of a mining interest in relation to the protected land was made, but not decided, before the commencement, the application— (a) is taken to have been withdrawn by the applicant on the commencement; and (b) can not be further dealt with. (5) This section applies despite the provisions of any other Act. (6) In this section— grant, of a mining interest, includes the renewal of a mining interest. mineral see the Mineral Resources Act 1989, section 6. mining interest means a lease, licence, permit, claim or other authority under any of the following— (a) the Geothermal Energy Act 2010; (b) the Greenhouse Gas Storage Act 2009; (c) the Mineral Resources Act 1989; (d) the Petroleum Act 1923; (e) the Petroleum and Gas (Production and Safety) Act 2004; (f) another Act relating to mining for minerals, petroleum or natural gas. natural gas see the Petroleum Act 1923, section 2. petroleum see the Petroleum and Gas (Production and Safety) Act 2004, section 10. 28 Delegation by Minister (1) A Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee. (2) In this section— Current as at 29 March 2019 Page 17 Authorised by the Parliamentary Counsel [s 29] Cape York Peninsula Heritage Act 2007 Part 7 Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016 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 29 Regulation-making power The Governor in Council may make regulations under this Act. Part 7 Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016 30 Continuing application of pt 4 to existing vegetation clearing application (1) Part 4 continues to apply in relation to an existing vegetation clearing application as if the application were a vegetation clearing application. (2) In this section— existing vegetation clearing application means a vegetation clearing application— (a) as defined in the schedule immediately before the commencement; and (b) to which the Planning Act 2016, section 288 applies. Page 18 Current as at 29 March 2019 Authorised by the Parliamentary Counsel Schedule Cape York Peninsula Heritage Act 2007 Schedule Dictionary section 6 Aboriginal land means Aboriginal land within the meaning of the Aboriginal Land Act 1991, section 8. agricultural activities means the cultivation of land, including, for example, the following— (a) farming; (b) crop-raising; (c) forestry. animal husbandry activities means the breeding, keeping or raising of animals, or caring for animals, for commercial purposes, if the animals are kept in a pen, yard, enclosure, pond or other confined area. area of international conservation significance means a part of the Cape York Peninsula Region declared to be an area of international conservation significance under section 9. Cape York Peninsula Region see section 7(1). DOGIT land means DOGIT land within the meaning of the Aboriginal Land Act 1991, section 11. endangered regional ecosystem see the Vegetation Management Act 1999, schedule. environment Minister means the Minister administering the Nature Conservation Act 1992. high risk species means a plant that is prohibited matter or restricted matter, other than a native species of restricted matter, under the Biosecurity Act 2014, or a plant listed in the special clearing code under the Vegetation Management Act 1999 as a high risk species for that code. indigenous community use area means a part of the Cape York Peninsula Region declared to be an indigenous community use area under section 14. Current as at 29 March 2019 Page 19 Authorised by the Parliamentary Counsel Schedule Cape York Peninsula Heritage Act 2007 landholder for the land, in parts 3 and 6, means— (a) for Aboriginal land—the land trust, under the Aboriginal Land Act 1991, for the land; or (b) for DOGIT land—the trustee, under the Land Act 1994, of the land. of concern regional ecosystem see the Vegetation Management Act 1999, schedule. regional advisory committee means the Cape York Peninsula Regional Advisory Committee established under section 20. scientific and cultural advisory committee means the Cape York Peninsula Region Scientific and Cultural Advisory Committee established under section 22. vegetation see the Vegetation Management Act 1999, section 8. vegetation clearing application see the Vegetation Management Act 1999, schedule. vegetation management Minister means the Minister administering the Vegetation Management Act 1999. Page 20 Current as at 29 March 2019 Authorised by the Parliamentary Counsel