Queensland: Recreation Areas Management Act 2006 (Qld)

Recreation Areas Management Act 2006 An Act for the establishment, management and use of recreation areas, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Recreation Areas Management Act 2006. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions The dictionary in the schedule defines particular words used in this Act. 4 Purpose of Act (1) The main purpose of this Act is— (a) the establishment, maintenance and use of recreation areas; and (b) to provide, coordinate, integrate and improve recreational planning, recreational facilities and recreational management for recreation areas, having regard to— (i) the conservation, cultural, educational, production and recreational values of the areas; and (ii) the interests of area land-holders. (2) The purpose is to be achieved mainly by— (a) providing for the declaration, planning and management of recreation areas, as far as practicable, in consultation with, and having regard to the views and interests of, area land-holders and other interested groups and persons, including relevant Aboriginal and Torres Strait Islander entities for the area; and (b) recognising the rights and obligations of area land-holders; and (c) ensuring the management of, and activities permitted in, a recreation area are not incompatible with the tenure of all land in the recreation area; and (d) providing for access to recreation areas, including the use of recreation areas and facilities and services for recreation; and (e) providing for the payment of fees and charges for the use of recreation areas and facilities and services for recreation; and (f) publishing information about recreation areas and facilities and services for recreation; and (g) enforcing compliance with this Act. 5 Act binds all persons (1) This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) This Act does not make the Commonwealth, the State or another State liable to be prosecuted for an offence. Part 2 Recreation areas Division 1 Establishing recreation areas 6 Agreement for inclusion of land in recreation area (1) Any land may be included in a recreation area. (2) However, land other than State land can not be included in a recreation area unless the land-holder enters into a written agreement (a recreation area agreement) with the State for its inclusion. (3) A recreation area agreement must— (a) include any conditions of the inclusion; and (b) be consistent with this Act; and (c) not be incompatible with the tenure of the land and any conditions of the tenure; and (d) in relation to land subject to an exclusive possession determination—be in the form of an indigenous land use agreement under the Native Title Act 1993 (Cwlth). (4) In this section— land-holder means a person who would be an area land-holder if the land were included in a recreation area. 7 Declaration of recreation area (1) Subject to section 6, a regulation may declare an area to be a recreation area. (2) The regulation must— (a) describe the land included in the recreation area; and (b) give a name to the recreation area; and (c) state the management intent for the recreation area. Division 2 Changing, renaming or revoking recreation areas 8 Amalgamating or dividing recreation areas (1) A regulation may— (a) amalgamate recreation areas and give a name to the amalgamated area; or (b) divide a recreation area into 2 or more recreation areas and give a name to each of the areas. (2) The regulation must also describe the land included in each resulting recreation area. (3) A recreation area agreement for land in the area amalgamated or divided still has effect for the land to which it relates. 8A Renaming recreation area A regulation may change the name of a recreation area. 9 Revoking recreation areas A regulation may revoke all or part of the declaration of a recreation area, whether or not an area land-holder asks for the revocation. Division 3 Recreation area agreements 10 Recording particulars of agreements (1) As soon as practicable after entering into a recreation area agreement, the chief executive must give notice of the agreement to the registrar of titles. (2) The registrar of titles must record details of the notice in a way that a search of the relevant register will show the existence of the agreement. 11 Agreements attach to land (1) A recreation area agreement, notice of which is recorded under section 10, attaches to the land and binds— (a) the land-holder who entered into the agreement and the land-holder's successors in title; and (b) each other person who has an interest in the land. (2) In this section— land-holder's successor in title, for land, includes a person who acquires title to the land whether or not the title is of a different tenure. 12 Amending or cancelling agreements (1) All of the parties to a recreation area agreement may, by signing another agreement, amend or cancel the recreation area agreement. (2) If the other agreement does not require land to be removed from the recreation area, the amendment has effect— (a) if the other agreement states a day the amendment takes effect—from the day stated; or (b) if no day is stated—from the day the other agreement is signed. (3) If the other agreement requires land to be removed from the recreation area or cancels the recreation area agreement, the Governor in Council must, by regulation, revoke the declaration of the recreation area to the extent required by the amendment or cancellation. (4) The amendment or cancellation has effect from the day the regulation has effect. (5) If all or part of the land the subject of a recreation area agreement becomes State land, other than for an immediate dealing with the land under the Land Act 1994 by which the land will not remain State land, the agreement is cancelled to the extent the land becomes State land. (6) Also, if subsection (3) does not apply and all or part of the land the subject of a recreation area agreement is removed from the recreation area under section 9, the agreement is taken to be amended or cancelled to the extent of the removal. (7) In this section— parties, to a recreation agreement, means— (a) the State; and (b) the land-holder who entered into the agreement or, if the land-holder no longer holds the title, the land-holder's current successor in title. 13 Recording amendment or cancellation of agreement (1) After a recreation area agreement is amended or cancelled under section 12(3), (5) or (6), the chief executive must give notice of the amendment or cancellation to the registrar of titles. (2) The registrar of titles must— (a) if the agreement is cancelled—remove reference to the agreement from the relevant register; or (b) if the agreement is amended to remove its application from the whole of a lot—remove reference to the agreement in relation to the lot from the register. Division 4 Effect of declaration on land-holders and native title rights 14 Rights and obligations of area land-holders not affected Unless a recreation area agreement expressly states otherwise, this Act does not affect the rights and obligations of an area land-holder concerning the land-holder's land included in the recreation area. 15 Rights and obligations of interest holders not affected This Act does not affect the rights and obligations of a person who, in relation to land included in a recreation area, has— (a) an interest recorded in a relevant register; or (b) a prospecting permit or an exploration permit under the Mineral Resources Act 1989; or (c) an authority to prospect under the Petroleum Act 1923; or (d) an authority of a type mentioned in the Petroleum and Gas (Production and Safety) Act 2004, section 18. 16 Native title rights and interests not affected To remove any doubt, it is declared that the declaration of an area as a recreation area does not extinguish or affect native title or native title rights and interests in relation to land included in the area. 17 Effect of declaration of recreation area on mining interests (1) The inclusion of land in a recreation area does not prevent a person from obtaining a mining interest over the land if the person could otherwise have obtained the interest. (2) Also, this Act does not operate to restrict the entry of a person on land in a recreation area under the authority of a mining interest over the land. (3) In this section— mining interest includes— (a) a prospecting permit or an exploration permit under the Mineral Resources Act 1989; and (b) an authority to prospect under the Petroleum Act 1923; and (c) an authority of a type mentioned in the Petroleum and Gas (Production and Safety) Act 2004, section 18. Part 3 Management plans Division 1 Preparing and approving management plans 18 Preparing draft management plan (1) As soon as practicable after a recreation area is established, the Minister must prepare a draft management plan for the area. (2) The draft plan may apply, adopt, or incorporate (with or without modification) the provisions of another document, whether of the same or a different kind. (3) A provision of another document applied, adopted or incorporated is the provision as in force from time to time, unless the draft plan expressly states otherwise. 19 Notice of draft management plan (1) The Minister must publish a notice about the draft plan on the department's website. (2) The notice must— (a) state— (i) the recreation area the draft plan relates to; and (ii) that a copy of the draft plan and the provisions of any document applied, adopted or incorporated by the plan are available for inspection, without charge— (A) during normal business hours at the department's head office and at each department office in the general area in which the recreation area is located; and (B) on the department's website; and (b) invite members of the public, including area land-holders and relevant Aboriginal and Torres Strait Islander entities for the area, to make written submissions about the draft plan to the Minister, within a stated period. (3) The stated period must be at least 20 business days after the notice is published. (4) Subsection (2)(b) does not apply if— (a) the draft plan is substantially uniform or complementary with— (i) another Act; or (ii) a law of the Commonwealth or another State; or (b) the draft plan adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the plan has already been made and the assessment was made for, or is relevant to, Queensland; or (c) there has already been other public consultation about the matters, the subject of the plan, and the Minister is satisfied the public has been adequately consulted about the matters. (5) On payment of the fee decided by the chief executive, a person may obtain a copy of the draft plan from the chief executive. (6) The fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person. (7) For subsection (6), if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person. 20 Content of draft management plan (1) The draft management plan must state— (a) the name of the recreation area; and (b) the recreational objects to be achieved for planning, developing and managing the area. (2) Subsection (1) does not limit the matters for which the draft plan may provide. 21 Minister to prepare final management plan After considering each submission made under section 19(2), the Minister must, having regard to the purpose of this Act, prepare a final management plan. 22 Approval of final management plan (1) If the final management plan has been prepared under sections 18 to 21, the Governor in Council may, by gazette notice, approve the final management plan. (2) The gazette notice must state where a copy of the approved final management plan is available for inspection. 22A Management plan may form part of another document A management plan may be combined with 1 or more of the following— (a) a management plan for another recreation area; (b) a management plan for a marine park under the Marine Parks Act 2004; (c) a management plan for an area dedicated or declared under the Nature Conservation Act 1992. 23 When approved management plan has effect The approved management plan has effect on and from the later of the following days— (a) the day the gazette notice approving the plan is published; (b) the commencement day stated in the approved plan. 24 Effect of management plan if there is an amalgamation or division (1) A regulation amalgamating recreation areas may state that an approved management plan for 1 of the areas included in the amalgamated area is the approved management plan for the amalgamated area and applies for all, or a stated part, of the amalgamated area. (2) A regulation dividing a recreation area may state that the approved management plan for the undivided area is the approved management plan for each divided area and applies for each divided area to the extent stated in the regulation. Division 2 Amending and reviewing management plans 25 Preparing draft amendment (1) The Minister may prepare a draft amendment of an approved management plan. (2) The draft amendment may apply, adopt, or incorporate (with or without modification) the provisions of another document, whether of the same or a different kind. (3) A provision of another document applied, adopted or incorporated is the provision as in force from time to time, unless the draft amendment expressly provides otherwise. 26 Notice of draft amendment (1) The Minister must publish a notice about the draft amendment on the department's website. (2) The notice must— (a) identify the management plan proposed to be amended; and (b) state that a copy of the draft amendment and the provisions of any document applied, adopted or incorporated by the amendment are available for inspection, without charge by the chief executive— (i) during normal business hours at the department's head office and at each department office in the general area in which the recreation area is located; and (ii) on the department's website; and (c) invite members of the public, including area land-holders and relevant Aboriginal and Torres Strait Islander entities for the area, to make written submissions about the draft amendment to the Minister, within a stated period. (3) The stated period must be at least 20 business days after the notice is published. (4) On payment of the fee decided by the chief executive, a person may obtain a copy of the draft amendment from the chief executive. (5) The fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person. (6) For subsection (5), if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person. 27 Exceptions from ss 25 and 26 (1) Sections 25 and 26 do not apply if the proposed amendment prepared by the Minister is— (a) a minor amendment— (i) to correct an error in the approved management plan; or (ii) to make a change, other than a change of substance, in the plan; or (b) of a type that the plan states may be made under this subsection. (2) Also, the sections do not apply if— (a) for an approved management plan that is substantially uniform or complementary with another Act or a law of the Commonwealth or another State—the amendment is needed to ensure the plan remains substantially uniform or complementary; or (b) the amendment adopts an Australian or international protocol, standard, code, or intergovernmental agreement or instrument, and an assessment of the benefits and costs associated with the amendment has already been made and the assessment was made for, or is relevant to, Queensland; or (c) there has already been other public consultation about the matters, the subject of the amendment, and the Minister is satisfied the public has been adequately consulted about the matters. 28 Preparing final amendment (1) For an amendment to which section 26 applies, the Minister must consider each submission made under that section and having regard to the purpose of this Act, prepare a final amendment. (2) For an amendment to which section 26 does not apply, the Minister must, having regard to the purpose of this Act, prepare a final amendment. 29 Approval of amendment (1) If the final amendment has been prepared under this division, the following person may, by gazette notice, approve the final amendment— (a) if the final amendment is an amendment to which section 27 applies—the Minister; or (b) otherwise—the Governor in Council. (2) The gazette notice must state where a copy of the approved final amendment is available for inspection. 30 When approved amendment has effect The approved amendment has effect on and from the later of the following days— (a) the day the gazette notice approving the amendment is published; (b) the commencement day stated in the amendment. 31 Review of management plans (1) The Minister must review the operation of the management plan for each recreation area not later than 10 years after its approval. (2) On completion of the review, the Minister may— (a) prepare a new management plan for the recreation area; or (b) amend the existing management plan for the recreation area; or (c) leave the existing management plan for the recreation area unchanged. Division 3 Other matters about management plans 32 Public access to approved management plans (1) The chief executive must keep a copy of each current approved management plan available for inspection, without charge, by members of the public— (a) during normal business hours at the department's head office and at each department office in the general area in which the recreation area is located; and (b) on the department's website. (2) On payment of the fee decided by the chief executive, a person may obtain a copy of the approved management plan from the chief executive. (3) The fee must not be more than the reasonable cost incurred by the chief executive for printing the copy and giving it to the person. (4) For subsection (3), if the person asks for the copy to be mailed to the person, the fee may include the reasonable cost of mailing the copy to the person. 33 Chief executive may enter into cooperative arrangement for approved management plan The chief executive may enter into an agreement or other arrangement with the following persons about the preparation, amendment, review or implementation of an approved management plan for a recreation area— (a) a person, or group of persons, including relevant Aboriginal and Torres Strait Islander entities for the area, having a special interest in the area; or (b) a person representing a person or group mentioned in paragraph (a). Part 4 Access to, and permits for, recreation areas Division 1 Preliminary 34 Types of permits (1) The chief executive may issue the following permits for a recreation area— (a) camping permit; (b) vehicle access permit; (c) organised event permit; (d) commercial activity permit. (2) As well as authorising the activity for which a permit is issued, a permit may also authorise another activity related to the authorised activity. 35 Terms of permits (1) A permit is given for the term stated in it. (2) The term must not be more than the following— (a) for a camping permit—30 days; (b) for a vehicle access permit—1 year; (c) for an organised event permit—1 year; (d) for a commercial activity permit— (i) if the commercial activity permit forms part of a joint permission—the term stated on the joint permission; or (ii) otherwise—3 years. (3) The permit expires— (a) for a commercial activity permit— (i) if an application is made under section 55B—on whichever is the earliest of when the application is decided or 3 months after the day when the permit would otherwise have expired; or (ii) otherwise—at the end of the term of the permit; or (b) for any other type of permit—at the end of the term of the permit. 35A Restriction on issuing permits—indigenous joint management areas The chief executive may issue a permit for a recreation area situated in an indigenous joint management area only if all requirements relating to issuing the permit under the indigenous management agreement for the area have been satisfied. Examples of requirements under an indigenous management agreement— • a requirement to consult with the indigenous landholder • a requirement to obtain the prior written consent of the indigenous landholder for the issuing of the permit Division 2 Camping permits 36 How to obtain a camping permit (1) Subject to subsection (3), an application for a camping permit must be— (a) made to the chief executive; and (b) supported by sufficient information to enable the application to be decided. (2) The applicant must also pay the permit fee before the application is decided. (3) For a self-registration camping area a person may— (a) fill in a camping form for the area in the way stated on the form; and (b) either— (i) place the camping fee in cash or a cheque in the camping fee envelope and seal the envelope; or (ii) properly complete and sign the credit card payment section of the camping form; and (c) put the envelope in the camping fee container. 37 When a camping permit granted (1) Subject to subsections (2) and (3), a camping permit is granted when the chief executive decides the application and gives the applicant a permit. (2) A person who applies for a camping permit for an e-permit camping area by way of the internet website authorised by the chief executive is taken to have been granted a permit when the person receives a notice stating the number identifying the permit. (3) A person who applies by phone for a camping permit for an e-permit camping area is taken to have been granted a permit when all of the following steps have been completed— (a) the person gives the information required on the approved form; (b) the person states that the person understands and accepts the conditions of the permit; (c) the person pays the correct permit fee by giving the person's credit card details; (d) the person is issued a number identifying the permit. (4) For a self-registration camping area, a person is taken to have been granted a camping permit for the area and period stated in the camping form when the person complies with section 36(3). (5) However, a camping permit for a self-registration camping area is taken not to have been granted if— (a) the person pays the camping fee by cheque and the cheque is dishonoured; or (b) the person completes the credit card payment section of the camping fee envelope and the person's financial institution does not authorise the payment. (6) Subsections (2) and (3) have effect subject to section 38. 38 Extent to which camping permit granted (1) A camping permit taken to have been granted under section 37(2) or (3) is taken to have been granted only— (a) for the number of people stated by the person when applying for the permit; and (b) for the number of days stated by the person when applying for the permit; and (c) for the time when the area, the subject of the permit, is an e-permit camping area; and (d) for not longer than 30 days or, if the e-permit camping notice or any additional conditions notice for the area states a shorter period as the longest period for which anyone may camp in the area, the shorter period. (2) A camping permit taken to have been granted under section 37(4) is taken to have been granted only— (a) for the number of people stated on the camping form; and (b) for not more than the number of people stated on the self-registration camping notice; and (c) for the time when the area, the subject of the permit, is a self-registration camping area; and (d) for not longer than 30 days or, if the self-registration camping notice states a shorter period as the longest period for which anyone may camp in the area, the shorter period. 39 Conditions of camping permit (1) For an e-permit camping area, the conditions stated in the e-permit camping notice, and any additional conditions notice, for the area are taken to be conditions of each camping permit for the area. (2) For a self-registration camping area, the conditions stated in the self-registration camping notice for the area are taken to be conditions of each camping permit for the area. 40 Camping permit taken to be authorisation under other Acts A camping permit for a recreation area is, for the Nature Conservation Act 1992, the Forestry Act 1959 and the Marine Parks Act 1982, taken to be an authorisation permitting camping in the area under those Acts. Division 3 Vehicle access permits 41 How to obtain a vehicle access permit (1) An application for a vehicle access permit must be— (a) made to the chief executive; and (b) supported by sufficient information to enable the application to be decided. (2) The applicant must also pay the permit fee before the application is decided. (3) On each occasion a rental vehicle is in a recreation area, the person who hired the vehicle for that occasion must be the person who applies for the vehicle access permit. (4) In this section— rental vehicle means a vehicle that is rented without a driver for the vehicle being offered or made available by, through, or on behalf of, the person providing the vehicle for rent. 42 When a vehicle access permit granted (1) Subject to subsections (2) and (3), a vehicle access permit is granted when the chief executive decides the application and gives the applicant a permit. (2) A person who applies for a vehicle access permit on the internet website authorised by the chief executive is taken to have been granted a permit when the person receives a notice stating the number identifying the permit. (3) A person who applies by phone for a vehicle access permit is taken to have been granted a permit when all of the following steps have been completed— (a) the person gives the information required on the approved form; (b) the person states that the person understands and accepts the conditions of the permit; (c) the person pays the correct fee by giving the person's credit card details; (d) the person is issued a number identifying the permit. 43 Extent to which vehicle access permit granted A vehicle access permit taken to have been granted under sections 42(2) or 42(3) is taken to have been granted only— (a) for the vehicle stated by the person when applying for the permit; and (b) for the period stated by the person when applying for the permit. 44 Vehicle access permit taken to be authorisation under Forestry Act 1959 (1) A vehicle access permit for a recreation area is, for the Forestry Act 1959, taken to be an authorisation under that Act for the person in control of the vehicle to traverse a road in the area. (2) Subsection (1) does not apply if a regulatory notice or other sign prohibits— (a) the use of the vehicle on the road; or (b) access to the area. Division 4 Organised event permits 45 How to obtain an organised event permit (1) An application for an organised event permit must be— (a) made to the chief executive in the approved form; and (b) supported by sufficient information to enable the application to be decided. (2) The applicant must also pay the application fee before the application is decided. 46 Requirements for grant of application for organised event permit (1) The chief executive may grant an application for an organised event permit only if the chief executive considers there is adequate insurance cover for the activities proposed to be conducted under the permit. (2) However, subsection (1) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities. 47 When an organised event permit granted An organised event permit is granted when the chief executive decides the application and gives the applicant a permit. 48 Organised event permit taken to be authorisation under other Acts An organised event permit authorising an activity in a recreation area is, for the Nature Conservation Act 1992 and the Forestry Act 1959, taken to be an authorisation permitting the activity in the area under those Acts. Division 5 Commercial activity permits 49 How to obtain a commercial activity permit (1) An application for a commercial activity permit must be— (a) made to the chief executive in the approved form; and (b) supported by sufficient information to enable the chief executive to decide the application; and (c) accompanied by the application and permit fees. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. 50 Requirements for holding commercial activity permit (1) The chief executive may grant the application if the chief executive is satisfied— (a) the applicant is a suitable person to hold the permit; and (b) there is adequate insurance cover for the activities proposed to be conducted under the permit. (2) However, subsection (1)(b) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities. (3) In deciding whether the applicant is a suitable person to hold the permit, the chief executive may— (a) inquire about the applicant and an associated person of the applicant; and (b) have regard to any matter relevant to the applicant's ability to carry on the commercial activities for which the permit is sought in a competent and ethical way. (4) In this section— associated person, of the applicant, means— (a) if the applicant is a corporation—each executive officer of the corporation; or (b) if the applicant is not a corporation, a person who— (i) is regularly or usually in charge of the applicant's business; or (ii) regularly directs staff of the applicant's business in their duties; or (iii) is in a position to control or substantially influence the applicant's business. 51 Chief executive may request public notice of application for commercial activity permit (1) This section applies if the chief executive considers the grant of an application for a commercial activity permit for a recreation area may restrict the reasonable use of a part of the area by persons other than the applicant. (2) The chief executive may give the applicant a written notice stating— (a) the applicant must give public notice of the application within a stated period; and (b) the information that must be included in the public notice; and (c) the number of times, being not more than 2, the public notice must be given. (3) The applicant must give the public notice and ensure it— (a) includes the stated information; and (b) invites interested persons to make written submissions to the chief executive, in relation to the application— (i) at an address stated in the public notice; and (ii) within a stated period of not less than 20 business days. (4) Before deciding whether or not to grant the permit, the chief executive must consider any written submissions received by the chief executive in response to the public notice. 52 Deciding application for commercial activity permit (1) The chief executive must consider the application and decide— (a) to grant the application, with or without conditions decided by the chief executive, including, for example— (i) limiting the activities that may be carried out under the permit; or (ii) allowing activities that may be carried out under the permit to be monitored; or (b) to grant the application for a shorter period than applied for; or (c) to refuse the application. (2) Subsection (3) applies if the application is for a new commercial activity permit to commence immediately after an existing commercial activity permit expires. (3) Without limiting subsection (1), when deciding the application, the chief executive may refuse to grant the application if the chief executive reasonably believes— (a) the existing permit was obtained on the basis of incorrect or misleading information; or (b) the holder of the existing permit has contravened a condition of the permit. (4) The chief executive must make the decision— (a) if the chief executive asks for further information about the application under section 56—within 40 business days after receiving the information requested; or (b) otherwise—within 40 business days after receiving the application. (5) However, if the application is for a commercial activity permit that is to form part of a joint permission— (a) subsection (4) does not apply for deciding the application; and (b) the chief executive must decide the application within a reasonable period. (6) If the chief executive decides to grant the application the chief executive must, as soon as practicable after making the decision, issue a permit to the applicant. (7) If the chief executive decides to grant the application with conditions, or to refuse the application, the chief executive must as soon as practicable after making the decision give the applicant an information notice about the decision. 53 Additional matters to be considered under s 52 (1) In deciding an application under section 52, the chief executive must have regard to each of the following— (a) the purpose of this Act; (b) the management intent for the recreation area, and the area's current draft or approved management plan; (c) conservation of the area's cultural and natural resources; (d) the amenity of the area and adjacent areas; (e) the size, extent and location of the proposed use in relation to other uses of the area or adjacent areas; (f) the likely cumulative effect of the proposed use and other uses on the area; (g) public health and safety; (h) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; (i) the requirements mentioned in section 50; (j) if the proposed permit relates to a recreation area situated in an indigenous joint management area—whether the requirements mentioned in section 35A have been satisfied; (k) whether there are any grounds for refusing the application. (2) Without limiting subsection (1), the chief executive may have regard to anything else the chief executive considers appropriate to achieve the purpose of this Act. (3) For subsection (1)(k), the following are grounds for refusing the application to the extent the chief executive is satisfied they are relevant to the activities to be carried out under the permit applied for— (a) the applicant has accumulated 10 or more demerit points in the 3 years immediately before the day the application is decided; (b) the applicant is the former holder of a commercial activity permit, the permit was cancelled because the applicant accumulated 10 or more demerit points, and the application is made within 2 years after the permit was cancelled; (c) the applicant has had an equivalent permit or other authority (however described) in another State or country suspended or cancelled in the 3 years immediately before the day the application is made; (d) the applicant has, in the 3 years immediately before the day the application is made, been convicted of— (i) an offence against this Act or the repealed Act; or (ii) an offence against the Nature Conservation Act 1992 relating to a forest reserve or protected area; or (iii) an offence against the Forestry Act 1959 relating to a State forest or timber reserve; or (iv) an offence against the Marine Parks Act 1982 or the Marine Parks Act 2004 relating to a marine park; or (v) an offence, however described, equivalent to an offence mentioned in subparagraphs (i) to (iv) in another State or country. 54 Existing commercial activity permit taken to be in force while new application is considered (1) This section applies if an application is made under section 49 for a new commercial activity permit intended to commence immediately after an existing commercial activity permit expires. (2) The existing permit is taken to continue in force from the day it would otherwise have expired until the day on which the earliest of the following happens— (a) the chief executive grants the new permit; (b) the chief executive decides to refuse the application and gives the applicant an information notice about the decision; (c) the applicant is taken to have withdrawn the application under section 56(5); (d) if the existing permit is a permit other than a joint permission permit—the existing permit has continued for 3 months after the day it would otherwise have expired. (3) If the chief executive grants the new permit, it is taken to have commenced immediately after the existing permit would otherwise have expired. (4) Subsection (2) does not stop the existing permit from being cancelled or suspended under this Act. 55 Commercial activity permit taken to be authorisation under other Acts A commercial activity permit authorising an activity in a recreation area is, for the Nature Conservation Act 1992 and the Forestry Act 1959, taken to be an authorisation permitting the activity in the area under those Acts. 55A Form of commercial activity permit (1) A commercial activity permit may be combined with either or both of the following— (a) a commercial activity permit granted under the Nature Conservation Act 1992; (b) a permit to conduct a commercial activity in a State forest or timber reserve granted under the Forestry Act 1959. (2) Also, the chief executive may use a document that has been used for the grant of a marine park permission for the grant of a commercial activity permit. 55B Application to renew permit (1) A person who holds a commercial activity permit may apply to the chief executive, before the permit expires, to renew the permit. (2) The application must— (a) be in the approved form; and (b) include the information (if any) prescribed by regulation. (3) The application must be accompanied by the fees, prescribed by regulation, for the application and the permit. (4) If a person applies to renew a commercial activity permit in accordance with subsections (1) to (3), the permit continues in force until whichever of the following happens first— (a) the application is decided; (b) the application is withdrawn; (c) 3 months has elapsed after the day when the permit would otherwise have expired; (d) the permit is suspended or cancelled. 55C Amending conditions of permit (1) The chief executive may amend or omit a condition of a commercial activity permit, when the permit is renewed— (a) at the request of the permit holder; or (b) on the chief executive's own initiative. (2) However, the chief executive may amend or omit a condition, subject to section 55D(3)(b), only if the chief executive reasonably considers it is necessary because of an amendment that may be made to a commercial activity permit under section 61, 63 or 64. 55D Deciding application to renew permit (1) The chief executive may grant an application to renew a commercial activity permit (an existing permit) if— (a) the chief executive is not aware of information that is likely to change the chief executive's consideration of a matter mentioned in section 53 for the existing permit; and (b) the chief executive is satisfied the permit holder has in relation to the existing permit— (i) given the chief executive the information prescribed by regulation; and (ii) paid the fee for the existing permit or agreed to pay the fee by instalments and has complied with the agreement; and (c) for a permit relating to a recreation area situated in an indigenous joint management area—all requirements relating to the permit under the indigenous management agreement for the area have been satisfied in relation to the renewal. (2) Subsection (1)(b) does not apply to an application for an existing permit for filming or photography. (3) If the chief executive grants the application— (a) the chief executive must give the applicant a renewed commercial activity permit that is effective from the day after the permit would otherwise have expired; and (b) the renewed commercial activity permit must not authorise the person to carry out any of the following— (i) activities not authorised under the existing permit; (ii) activities at locations not authorised under the existing permit; (iii) activities to a scale (such as in relation to numbers of people, vehicles, structures or animals) that is greater than the scale of activities authorised under the existing permit. (4) If the chief executive refuses to grant an application to renew a commercial activity permit, the chief executive must give the applicant a notice stating— (a) the reasons for the refusal; and (b) that the refusal does not stop the applicant from applying for a new commercial activity permit. 55E Information notice not required The chief executive is not required to give the permit holder an information notice about the renewal of, or refusal to renew, a commercial activity permit under this division. Division 5A Transfer of particular commercial activity permits 55F Application of div 5A This division applies to a joint permission permit, including a joint permission permit continued in force under section 54. 55G Joint permission permit transferable The joint permission permit is transferable. 55H Application to transfer joint permit (1) The holder of the joint permission permit and a proposed transferee may apply to the chief executive to transfer the permit. (2) The application must be— (a) in the approved form; and (b) signed by the holder and the proposed transferee; and (c) given to the chief executive at least 28 days before the day on which the transfer is intended to take effect; and (d) accompanied by the prescribed fee for the transfer. 55I Deciding transfer application (1) In deciding the application, the chief executive must have regard to the following— (a) whether the proposed transferee is a suitable person to hold the joint permission permit; (b) whether there is adequate insurance cover for the activities proposed to be conducted under the permit; (c) whether the holder of the permit, or the proposed transferee, owes any fee or other amount payable under the Act; (d) all matters relevant to ensuring the orderly and proper management of the recreation area to which the permit applies. (2) However, subsection (1)(b) does not apply if the chief executive considers insurance cover is not required having regard to the nature of the activities. (3) For deciding whether the proposed transferee is a suitable person to hold the joint permission permit, section 50(3) and (4) applies as if— (a) a reference to the applicant were a reference to the proposed transferee; and (b) a reference to the commercial activity permit were a reference to the joint permission permit. 55J Chief executive's power to require further information (1) Before deciding the application, the chief executive may, by notice, ask the holder of the joint permission permit or the proposed transferee to give the chief executive any further information the chief executive reasonably requires to decide the application. (2) The holder and proposed transferee are taken to have withdrawn the application if the request is not complied with within 60 days after the person to whom the notice is given receives the notice. 55K Approval or non-approval of transfer (1) The chief executive must decide the application within 28 days after the chief executive— (a) receives the application; or (b) if the chief executive has asked for further information under section 55J—receives the information. (2) The chief executive may approve the transfer of the joint permission permit only if the chief executive is satisfied— (a) the proposed transferee is a suitable person to hold the joint permission permit; and (b) the holder of the permit, or the proposed transferee, does not owe any fee or other amount payable under the Act. (3) If the chief executive refuses to approve the transfer, the chief executive must give the holder of the permit and the proposed transferee an information notice about the decision. 55L Steps after approval of transfer (1) This section applies if the chief executive decides to approve the transfer of the joint permission permit. (2) The chief executive must cancel the permit and give the proposed transferee a new joint permission permit (the new permit) authorising the same activities as the cancelled permit immediately before it was cancelled under this section. (3) The new permit— (a) starts on the later of the following days (the transfer day)— (i) the day the application is decided; (ii) the day stated in the application for the approval of the transfer as the day on which the transfer is to take effect; and (b) ends on the day the cancelled permit would have ended if it were not cancelled under this section. (4) The new permit is subject to the same conditions as the cancelled permit immediately before it was cancelled under this section. (5) Despite subsection (4), the chief executive may impose a new or different condition on the new permit if— (a) the proposed transferee consents to the new or different condition; or (b) it is a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities conducted under the permit; or (c) it is a condition that provides for the compensation or reimbursement of any loss or expense incurred by the State in relation to activities conducted under the permit. (6) The holder of the permit cancelled under subsection (2) must return it to the chief executive before the end of the day after the transfer day. Division 6 General provisions about permits 56 Chief executive's power to require further information about permit application (1) Before deciding an application for a permit, the chief executive may ask the applicant for any further information or document the chief executive reasonably requires to decide the application. (2) The chief executive may require the information or document to be verified by a statutory declaration. (3) If the application is for a commercial activity permit, the chief executive may give the applicant a written notice asking the applicant to give the information or document by the day stated in the notice. (4) The notice must— (a) be given to the applicant within 20 business days after the chief executive receives the application; and (b) state a reasonable period of at least 20 business days after it is given within which the information or document must be given. (4A) Subsection (4)(a) does not apply if the application is for a commercial activity permit that is to form part of a joint permission. (5) The applicant is taken to have withdrawn the application if the applicant does not comply with the request within— (a) for a commercial activity permit—the period stated in the notice; or (b) in any other case—a reasonable period. (6) The chief executive may extend a period mentioned in subsection (5). 57 Amending permit application If the chief executive agrees, the applicant may amend the application before the chief executive has finished considering it. 58 Deciding permit application (other than commercial activity permit) (1) The chief executive must consider the application and decide— (a) to grant the application, with or without conditions decided by the chief executive; or (b) to refuse the application. (2) In making the decision, the chief executive— (a) must have regard to each of the following— (i) the purpose of this Act; (ii) the management intent for the recreation area, or the area's current draft or approved management plan; (iii) conservation of the area's cultural and natural resources; (iv) the amenity of the area and adjacent areas; (v) the size, extent and location of the proposed use in relation to other use of the area or adjacent areas; (vi) the likely cumulative effect of the proposed use and other uses on the area; (vii) public health and safety; (viii) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement; and (b) may have regard to anything else the chief executive considers appropriate to achieve the purpose of this Act. (3) The chief executive must make the decision— (a) if the chief executive asks for further information about the application under section 56—within 40 business days after receiving the information requested; or (b) otherwise—within 40 business days after receiving the application. (4) This section does not apply for an application for a commercial activity permit. 59 Steps to be taken after permit application decided (other than commercial activity permit) (1) If the chief executive decides to grant the application, with or without conditions, the chief executive must, as soon as practicable after making the decision— (a) for an organised event permit to be issued with conditions—issue a permit to the applicant and give the applicant an information notice about the decision; or (b) for any other permit—issue a permit to the applicant. (2) If the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision— (a) for an organised event permit—give the applicant an information notice about the decision; or (b) for any other permit—tell the applicant about the refusal. (3) This section does not apply for an application for a commercial activity permit. 60 Permits (1) A permit must be in writing and state each of the following— (a) its issue date; (b) if it does not commence on the issue date—its commencement date; (c) its term or expiry date; (d) the following information about the permit holder— (i) the holder's name and, if the holder is a corporation, its ABN or ACN; (ii) the holder's place of business; (e) the recreation area to which the permit relates; (f) the purpose for which the permit is issued; (g) any conditions imposed by the chief executive, under section 58(1)(a), on the permit. (2) Subsection (1) does not apply to a permit issued under section 37(2), (3) or (4) or section 42(2) or (3). 61 Minor amendments (1) This section applies if— (a) the chief executive reasonably considers a permit should be amended; and (b) the proposed amendment is a minor amendment. (2) The chief executive may amend the permit by— (a) for a camping or vehicle access permit—advising the permit holder of the amendment; or (b) for an organised event or commercial activity permit—giving the holder written notice of the amendment. (3) The advice or notice must state the reasons for the amendment. (4) Sections 62 to 64 do not apply to the amendment. (5) The amendment takes effect on the later of the following days— (a) the day when the advice or notice is given to the holder; (b) the day of effect advised or stated in the notice. (6) The effect of the amendment does not depend on the amendment being noted on the permit. (7) In this section— minor amendment means an amendment that— (a) omits a condition; or (b) corrects an error; or (c) makes another change, other than a change of substance, that does not adversely affect the holder's interests. 62 Amendments by application (1) The holder of a permit may apply to the chief executive for an amendment of the permit. (2) The application must be— (a) accompanied by the fee prescribed under a regulation; and (b) if the application relates to an organised event or commercial activity permit—made in writing. (3) If the chief executive decides to make the amendment, the chief executive must— (a) for a camping or vehicle access permit—advise the holder of the amendment; or (b) for an organised event or commercial activity permit—give the holder written notice of the amendment. (4) The amendment takes effect on the later of the following days— (a) the day when the advice or notice is given to the holder; (b) the day of effect advised or stated in the notice. (5) The effect of the amendment does not depend on the amendment being noted on the permit. (6) If the chief executive decides to refuse the application, the chief executive must as soon as practicable after making the decision— (a) for a camping or vehicle access permit—advise the holder of the decision; or (b) for an organised event or commercial activity permit—give the holder an information notice about the decision. 63 Other amendments (other than immediately) (1) The chief executive may amend a permit— (a) if the chief executive reasonably believes— (i) the permit was obtained because of incorrect or misleading information; or (ii) the holder has contravened a condition of the permit; or (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or (v) the amendment is necessary having regard to the purpose of this Act; or (b) if the holder has failed to— (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or (c) if the holder is convicted of an offence against this Act or the repealed Act; or (d) to secure the safety of a person or a person's property; or (e) to conserve or protect the cultural or natural resources of the recreation area; or (f) if the permit relates to an area that has been declared as a restricted access area or an area closed to the public. (2) If the chief executive proposes to make the amendment and the address of the holder is shown on the permit, the chief executive must give the holder a notice stating each of the following— (a) the proposed amendment; (b) the ground for the proposed amendment; (c) an outline of the facts and circumstances forming the basis for the ground; (d) an invitation to make representations, within a stated period, about why the proposed amendment should not be made. (3) If the permit is an organised event or commercial activity permit— (a) the notice must be in writing; and (b) the stated period must be at least 20 business days after the notice is given; and (c) the representations must be in writing. (4) The chief executive may amend the permit, if, after considering any representations made within the stated period, the chief executive still believes the amendment should be made— (a) in the way stated in the notice; or (b) in another way, having regard to the representations. (5) If the chief executive amends the permit, the chief executive must— (a) for a camping or vehicle access permit—advise the holder of the amendment; or (b) for an organised event or commercial activity permit—give the holder an information notice about the decision. (6) The amendment takes effect on the later of the following days— (a) the day when the advice or information notice is given to the holder; (b) the day of effect stated in the advice or information notice. (7) The effect of the amendment does not depend on the amendment being noted on the permit. (8) If the chief executive decides not to make the amendment, the chief executive must as soon as practicable after making the decision— (a) for a camping or vehicle access permit—advise the holder of the decision; or (b) for an organised event or commercial activity permit—give the holder written notice of the decision. 64 Immediate amendment or suspension of permits for safety or conservation (1) This section applies if the chief executive reasonably believes a permit should be amended or suspended— (a) to secure the safety of a person or a person's property; or (b) because of a fire or other natural disaster; or (c) to conserve or protect the cultural or natural resources of the recreation area to which the permit applies. (2) The chief executive may, verbally or by signs, advise the permit holder that— (a) the permit is taken to be amended in the way the chief executive advises; or (b) the permit is suspended, to the extent the chief executive advises. (3) If the chief executive acts under subsection (2), the amendment or suspension takes effect immediately after the holder is advised of the amendment or suspension and continues until the chief executive advises that the chief executive is satisfied the reason for the amendment or suspension no longer exists. (4) The effect of the amendment does not depend on the amendment being noted on the permit. (5) The chief executive must as soon as practicable put a notice on the department's website advising when the amendment or suspension no longer applies. (6) In this section— sign includes a sign erected— (a) at or near a usual access point to the recreation area; or (b) in a position that would normally be seen by a person accessing the area. 65 Cancelling a permit or suspending a permit (other than immediately) (1) The chief executive may cancel a permit or suspend a permit other than immediately— (a) for a reason mentioned in section 64; or (b) if the chief executive reasonably believes— (i) the permit was obtained because of incorrect or misleading information; or (ii) the permit holder has contravened a condition of the permit; or (iii) for a commercial activity permit—the holder is no longer a suitable person to hold the permit; or (iv) for a joint permission permit—a related permission for the permit has been, or is about to be— (A) amended to an extent that is no longer consistent with the permit; or (B) replaced with another permission that is not consistent with the permit; or (C) suspended or cancelled; or (c) if the holder of the permit has failed to— (i) pay a fee required to be paid under this Act for the permit, by the date or within the period during which the fee must be paid; or (ii) give the chief executive information required to be given under this Act for the permit, by the date or within the period during which the information must be given; or (d) if the holder is convicted of an offence against this Act or the repealed Act. (2) The chief executive may take action (the proposed action) under subsection (1) by giving the holder of the permit a notice stating each of the following— (a) the proposed action; (b) the ground for the proposed action; (c) an outline of the facts and circumstances forming the basis for the ground; (d) if the proposed action is suspension of the permit—the propo