Permits for activities in QPWS areas

Many activities conducted in QPWS areas can only be done under a permit or authority. These activities include:

• commercial tourism activities
• commercial filming and photography
• scientific research
• organised events
• other activities.

The regulations provide a framework for the assessment and granting of permits and authorities, and also specify other requirements such as maximum permit terms and record keeping and lodgement requirements.

Permits for activities

Issue: Increasing the maximum permit duration for commercial activity permits, from 3 to 5 years

Current issue

• Commercial tour operators conducting guided tours on QPWS areas must be authorised under a commercial activity permit or commercial activity agreement.
• Currently the maximum term is three years for a permit.
• Operators have provided feedback to the department that a longer-term permit would be beneficial to support business certainty.
• A longer permit term would also reduce administration on the department and businesses.

Proposed change

• It is proposed to increase the maximum permit term from three years to five years for established operators.

Issue: Allow transferable commercial activity permits

Current issue

• Generally, permits are not transferable, unless they are specifically legislated to be.
• Currently, if someone wants to sell their business which involves a permit to operate on a QPWS area (e.g. for a commercial tour), they would be  required to surrender the associated commercial activity permit, and the new owner must make an application for a new permit.
• This results in unnecessary uncertainty for the buyer and unnecessary administration for the department.

Proposed change

• It is proposed to make commercial activity permits transferable, with an associated transfer fee reflecting the existing application fee that would typically be payable by a new operator.
• Assessment by the department will still be necessary to ensure the transferee meets the required suitability requirements and the transferor does not have any outstanding debts to the department.

Issue: Reflect technological changes and remove hardcopy record books for commercial operators and event organisers

Current issue

• Online technology is now used for the management and administration of commercial tour operators’ and event organisers’ business interactions with the department.
• This new system replaces previous requirements for commercial tour operators and event organisers to complete hard copy record books.
• Operators are now able to lodge their records and payments online, making hard copy record books redundant.

Proposed change

• It is proposed to update the legislation to reflect electronic record keeping and online payment facilities and remove requirements for hard copy record books for commercial operators and event organisers.

Issue: Increase the maximum permit duration for resources permits for quarrying from 1 to 3 years

Current issue

• Resources permits may be granted for the removal of quarry material from resources reserves (a type of protected area).
• These permits are granted to state departments (for example the Department of Transport and Main Roads) and local governments, largely to source road base for their maintenance programs.
• These activities are generally operating over a longer term than the one year that resources permits of this type are permitted under legislation. This provides a regulatory burden for both QPWS and applicants.

Proposed change

• It is proposed to increase the maximum permit term for resources permits from one year to three years.

Issue: Allow combined permits for research across multiple QPWS area types, consistent with the existing joint commercial activity permit

Current issue

• Where commercial activities are undertaken on multiple QPWS area types, they can be assessed and granted as a single joint commercial activity permit.
• This provides a streamlined more efficient process which leads to faster decision timeframes for applicants.
• However, the same approach is not currently able to be applied for scientific research permits on protected areas and forest areas.

Proposed change

• It is proposed to allow for the grant of a joint research permit to be granted for protected and forest areas.

Issue: Allow permits for collection of plant parts for conservation purposes in protected areas

Current issue

• Under the protected areas permitting framework, plant parts (e.g. seeds and propagative materials) of species that are threatened cannot be collected for conservation purposes from protected areas.
• However, collection of seed and propagation material of threatened species may be a valid activity in some circumstances, such as:
  • to allow propagation of insurance populations to ensure the species is protected from extinction, or
  • to allow for the use of local provenance species in revegetation and rehabilitation projects on degraded lands (such as in offset projects).

Proposed change

• It is proposed to allow for the limited grant of a permit for the take of seed and other propagative material for conservation purposes from protected areas.
• Strict criteria will apply to ensure that the permits are only granted for genuine, non-commercial conservation projects undertaken by qualified persons.

Issue: Remove Aboriginal tradition / Island custom authorities and instead use the more up-to-date provisions of the Native Title Act 1993

Current issue

• Prior to the Commonwealth Native Title Act 1993, provisions were made to allow the granting of an authority for an activity relating to the take of wildlife for Aboriginal tradition / Island custom in protected areas.
• No authorities have been issued under these original provisions since they commenced.
• Since the Commonwealth Native Title Act 1993 was enacted, native title holders do not need an authority to do an activity in exercise or enjoyment of their native title rights and interests.

Proposed change

• It is proposed to remove the framework for issuing Aboriginal tradition and Island custom authorities under the Nature Conservation Regulations, as this is now superseded by provisions in the Native Title Act 1993.
• This will not impact on the exercise of native title holder’s rights and interests.

Issue: Update the forestry legislation to assess permit applications consistently

Current issue

• The protected area and recreation area regulations provide criteria that the chief executive or their delegate must consider when deciding whether to grant or refuse a permit application. For example, considering the potential impacts of the activity on the protected area, and whether or not an applicant is a suitable person to hold a permit.
• These assessment frameworks ensure that proposed activities are assessed consistently and managed appropriately to ensure any impacts to the area and other are users are minimised.
• The forestry legislation does not include criteria for assessing applications for activities on forest areas (for example, commercial activities, organised events, research activities and stock grazing) nor does it address the issue of applicant suitability.

Proposed change

• It is proposed to amend the forestry legislation to ensure permit applications are assessed consistently across all QPWS areas.
• This will include provisions regarding application and decision processes, timeframes, matters for consideration and insurance requirements.

Issue: Provide the ability to refuse permit applications in certain situations

Current issue

• Current legislation specifies that a person may apply for a permit or relevant authority and that the chief executive must consider and decide each application.
• There is no scope to refuse the lodgement of an application or not assess an application, even where there are circumstances that are known to the department that would prevent the grant of the permit (such as the area being closed or access restricted from damage caused by a bushfire or cyclone, the sustainable capacity for the site being reached, or being inconsistent with native title requirements).
• Processing permit applications in these situations creates an unnecessary administrative and financial burden for both the applicant and QPWS.

Proposed change

• It is proposed to create the ability for the chief executive to make a declaration regarding closure of applications where circumstances are known that would prevent any permit being granted.
• The declaration would be made via public notice on the department's website and be subject to specific criteria.

Frequently used terms

‘Private protected areas’ – means nature refuges and special wildlife reserves.

‘Protected areas’ – means national parks, national parks (scientific), national parks (Aboriginal land), national parks (Torres Strait Islander land), national parks (Cape York Peninsula Aboriginal land), conservation parks and resources reserves.

‘QPWS regulations’ – means the Nature Conservation (Protected Areas Management) Regulation 2017, the Recreation Areas Management Regulation 2017 and the Forestry Regulation 2015.

‘Queensland Parks and Wildlife Service (QPWS) area’ – means protected areas such as national parks (excluding private protected areas), recreation areas and State forests and timber reserves established under the Nature Conservation Act 1992,the Recreation Areas Management Act 2006 and the Forestry Act 1959 respectively.

‘Recreation areas’ - Queensland has seven recreation areas established under the Recreation Areas Management Act 2006. Recreation areas are managed either solely by the Queensland Parks and Wildlife Service or in partnership with others. Recreation areas are K’gari (Fraser Island), Green Island, Bribie Island, Inskip Peninsula, Cooloola, Mulgumpin (Moreton Island), Minjerribah (North Stradbroke Island). Mulgumpin and Minjerribah recreation areas are managed jointly with the Quandamooka Yoolooburrabee Aboriginal Corporation (QYAC).

‘Regulatory notice’ – these are a type of sign that Rangers place in protected areas. There are rules about where and when regulatory signs can be used, and what content they can contain. Regulatory notices are typically used by Rangers to regulate certain activities in particular places to enable appropriate park management.