Nature Conservation and Other Legislation Amendment Bill 2015

Introduced: 27/10/2015By: Hon Dr S Miles MPStatus: PASSED with amendment

Environment First Nations Regional Queensland

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Plain English Summary

Overview

This bill rolls back several 2013 changes to Queensland's nature conservation laws to strengthen protection of national parks. It restores 'conservation of nature' as the sole purpose of the Nature Conservation Act 1992, brings back three distinct classes of protected area with their own management rules, and restores the requirement for public consultation before management plans are changed.

Who it affects

Everyone who visits, values or works in Queensland's national parks and protected areas. Directly affects holders of grazing leases on protected areas, Aboriginal traditional owners on Cape York Peninsula, and mining operators using current environmental standards.

Key changes

'Conservation of nature' becomes the sole object of the Nature Conservation Act 1992, taking precedence over other uses
Three distinct protected area classes restored: national parks (scientific), conservation parks and resources reserves - replacing the merged 'regional park' category
Public consultation restored for changes to management plans under the Nature Conservation Act, Marine Parks Act and Recreation Areas Management Act
Regional parks on Cape York Peninsula can be transferred directly to Aboriginal traditional owners as jointly managed national parks without first being revoked
Rolling term leases for grazing, agriculture or pastoral use on national parks and nature conservation areas revert to ordinary term leases
Expired emergency drought grazing permit powers removed; mining environmental standards sunset extended one year to 31 March 2017

How this affects you

Environment

•Queensland's national parks will be managed primarily to protect nature, not for commercial or recreational usesClause 4Amends section 4 of the Nature Conservation Act 1992 to reinstate 'the conservation of nature' as the sole object of the Act.
•Scientifically significant areas get the highest level of legal protection again - only Parliament can downgrade themClauses 6-7Reinstates the national park (scientific) class which can only be revoked by resolution of Parliament under sections 32 and 33.
•You can again make submissions when the government wants to change a park management planClauses 27, 45, 47Removes the exemption that let management plans be amended without public consultation if the change was to match State government policy.
•Grazing, agricultural and pastoral leases on national parks will no longer keep rolling over automatically and can be refused on conservation grounds when they expireClauses 39, 43Reverts rolling term leases within nature conservation areas and specified national parks back to term leases, allowing incompatible uses to be phased out.

First Nations

•Regional parks on Cape York Peninsula can be transferred directly to Aboriginal traditional owners as jointly managed national parks without first being revokedClause 35Amends section 174 of the Aboriginal Land Act 1991 so regional parks in the Cape York Peninsula Region can be declared transferable land by regulation.
•Speeds up the Cape York Peninsula Tenure Resolution Program including current negotiations over Jardine and Heathlands Regional ParksClauses 33-35Removes the requirement for regional parks to be revoked before conversion to jointly managed national park (Cape York Peninsula Aboriginal land).
•Protections for indigenous involvement and native title rights in park management are preserved in other sections of the ActThe explanatory notes state reinstating the sole object will not restrict or prevent the exercise of native title rights and will not change how QPWS works with indigenous people.

Regional Queensland

•If you hold a grazing, agriculture or pastoral lease on a protected area, your rolling term lease becomes an ordinary term lease that must be renewed through a full applicationClause 39You will only be able to apply for renewal after 80% of the existing term has expired, rather than any time in the last 20 years of the term.
•A decision to refuse renewal of a grazing lease on conservation grounds cannot be appealedAppeals will not be available in relation to a decision to refuse the renewal of a term lease unless the decision was based on the applicant not fulfilling the conditions of the lease.
•Expired drought-relief grazing permit powers for six named national parks are removed from the booksClause 29Omits section 173S which allowed the chief executive to grant stock grazing permits on six prescribed protected areas for drought relief until 31 December 2013.
•Mining operators get an extra year under existing environmental standards while new ones are consulted onClause 37Defers the expiration of the eligibility criteria by one year to 31 March 2017 to allow adequate consultation on new mining ERA standards.

Bill Journey

Introduced27 Oct 2015

First Reading

Committee

Committee Report5 Feb 2016

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent25 May 2016

Referenced Entities

Sectors Affected

Agriculture Conservation Land Management Indigenous Affairs Mineral Mining

Classified using AGIFT/ANZSIC Australian government standards

Nature Conservation and Other Legislation Amendment Bill 2015

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Places

Roles & Offices

Sectors Affected

Source Documents