Queensland: Wet Tropics World Heritage Protection and Management Act 1993 (Qld)

Wet Tropics World Heritage Protection and Management Act 1993 An Act to provide for the protection and management of the Wet Tropics of Queensland World Heritage Area, and for related purposes Because— 1 The General Conference of the United Nations Education, Scientific and Cultural Organization adopted the World Heritage Convention for the purpose of assuring the protection of the world's cultural and natural heritage of outstanding universal value. 2 Australia is a party to the convention. 3 The wet tropics area has been listed in the World Heritage list kept under the convention as forming part of the world's natural heritage of outstanding universal value. 4 The Parliament recognises that Australia's obligation under the convention is to ensure the protection, conservation, presentation, rehabilitation, and transmission to future generations, of the natural heritage of the area. 5 It is the intention of the Parliament that the area should be established and maintained as a world heritage area of the highest standard. 6 The Commonwealth and the State have, under the intergovernmental agreement, agreed to broad structural and funding arrangements in relation to the management of the area. 7 It is, therefore, the intention of the Parliament to make provision, by this Act, to ensure that effective, active measures are taken to meet Australia's obligation under the convention. 8 It is also the intention of the Parliament to acknowledge the significant contribution that Aboriginal people can make to the future management of cultural and natural heritage within the area, particularly through joint management agreements. Part 1 Preliminary 1 Short title This Act may be cited as the Wet Tropics World Heritage Protection and Management Act 1993. 3 Crown bound (1) This Act binds the Crown in right of Queensland and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence. (3) However, subsection (2) does not prevent an officer, employee or agent of the Crown from being prosecuted for an offence. 4 Definitions The dictionary in schedule 3 defines particular words used in this Act. 5 Aboriginal people particularly concerned with land For the purposes of this Act, Aboriginal people are particularly concerned with land if— (a) they are members of a group that has a particular connection with the land under Aboriginal tradition; or (b) they live on or use the land or neighbouring land. Part 2 Wet Tropics Management Authority and its board Division 1 Establishment, functions and powers of authority 6 Establishment of authority An authority called the Wet Tropics Management Authority is established. 7 Object of establishment of authority The authority is established to ensure that Australia's obligation under the World Heritage Convention in relation to the wet tropics area is met. 8 Authority is body corporate etc. The authority— (a) is a body corporate; and (b) has a seal; and (c) may sue and be sued in its corporate name. 9 Authority represents the Crown (1) The authority represents the Crown. (2) Without limiting subsection (1), the authority has all the privileges and immunities of the Crown. 9A Excluded matter for Corporations legislation The authority is declared to be an excluded matter for the Corporations Act, section 5F, in relation to the following provisions of the Corporations Act— (a) parts 2D.1 and 2D.6; (b) chapters 2K and 2L; (c) parts 5.7, 5.7B, 5.9 and 5B.2. 10 Authority's functions (1) The authority's functions are to— (a) develop and implement policies and programs in relation to the management of the wet tropics area; and (b) formulate performance indicators for the implementation of policies and programs approved by the State Minister and the Commonwealth Minister; and (c) advise and make recommendations to the State Minister and the Commonwealth Minister in relation to— (i) the management of the wet tropics area; and (ii) Australia's obligation under the World Heritage Convention in relation to the wet tropics area; and (d) prepare, and ensure the implementation of, management plans for the wet tropics area; and (e) administer funding arrangements in relation to the wet tropics area; and (f) enter into, and facilitate the entering into of, cooperative management agreements (including joint management agreements) with land-holders, Aboriginal people particularly concerned with land in the wet tropics area and other persons; and (g) enter into arrangements for the provision of rehabilitation and restoration works in relation to any land in the wet tropics area; and (h) gather, research, analyse and disseminate information on the wet tropics area; and (i) develop public and community education programs in relation to the wet tropics area; and (j) promote the wet tropics area locally, nationally and internationally; and (k) liaise with the governments and authorities of the State, the Commonwealth, other States and the Territories, and international and foreign organisations and agencies; and (l) monitor the state of the wet tropics area; and (m) advise and report to the State Minister and the Commonwealth Minister on the state of the wet tropics area; and (n) perform functions incidental to a function under another paragraph of this subsection. (2) The functions of the authority under subsection (1) to advise, report to and make recommendations to the State Minister and the Commonwealth Minister may be performed by the authority on request or its own initiative. (3) A cooperative management agreement under subsection (1)(f) may make provision for financial, scientific, technical or other assistance in relation to the management of the wet tropics area. (4) The authority must perform its functions in a way that is consistent with the protection of the natural heritage values of the wet tropics area. (5) Subject to subsection (4), in performing its functions, the authority must, as far as practicable— (a) have regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the wet tropics area; and (b) liaise, and cooperate with, Aboriginal people particularly concerned with land in the wet tropics area. Note— 'Aboriginal tradition' is defined under the Acts Interpretation Act 1954. See schedule 1 of that Act. (6) Subject to subsection (4), the authority must, as far as practicable, perform its functions in a way that is consistent with the objectives and principles of the National Strategy for Ecologically Sustainable Development. 11 Authority's powers (1) The authority has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions. (2) Without limiting subsection (1), the authority has such powers as are conferred on it by this Act. (3) Without limiting subsection (1), the authority has, for or in connection with the performance of its functions, all the powers of an individual, and may, for example— (a) enter into contracts; and (b) acquire, hold, dispose of, and deal with, property; and (c) appoint agents and attorneys; and (d) charge, and fix terms, for goods, services and information supplied by it; and (e) engage consultants. Division 2 The board of directors 12 The board There is a board of directors of the authority. 13 Role of the board (1) The board is responsible for the way in which the authority performs its functions and exercises its powers. (2) Without limiting subsection (1), it is the board's role— (a) to decide the objectives, strategies and policies to be followed by the authority; and (b) to ensure that the authority performs its functions in a proper, effective and efficient way. 14 Composition of board (1) The board is to consist of the following 7 directors— (a) the chairperson, appointed on the nomination of the State Minister and the Commonwealth Minister; (ab) 1 Aboriginal person appointed on the nomination of the State Minister and the Commonwealth Minister; (b) 2 persons appointed on the nomination of the Commonwealth; (c) 2 persons appointed on the nomination of the State; (d) the executive director. (2) The Aboriginal person appointed under subsection (1)(ab) must be particularly concerned with land in the wet tropics area. Note— For when an aboriginal person is particularly concerned with the land, see section 5 (Aboriginal people particularly concerned with land). Division 3 Provisions relating to directors other than the executive director 15 Application of division This division applies to the directors other than the executive director. 16 Appointment (1) The directors are to be appointed by the Governor in Council. (2) A person is qualified to be a director if the person— (a) is not an officer of the public service of the State or the Commonwealth; and (b) has qualifications or extensive experience in a field related to the authority's functions. (3) Subsection (4) applies if— (a) a qualified person has not been nominated for appointment as a director under section 14(1)(a), (ab) or (b) (each a relevant provision); and (b) the State Minister believes there has been a reasonable opportunity for a qualified person to be nominated for appointment under the relevant provision; and (c) the State Minister asks the Commonwealth Minister to— (i) if the relevant provision is section 14(1)(a) or (ab)—arrange with the State Minister to nominate a qualified person for appointment under the provision; or (ii) if the relevant provision is section 14(1)(b)—nominate a qualified person for appointment under the provision; and (d) a qualified person has not been nominated for appointment under the relevant provision within 3 months after the request is made. (4) Despite section 14(1), the Governor in Council may appoint— (a) a qualified person as the chairperson; or (b) a qualified person who is an Aboriginal person as the director mentioned in section 14(1)(ab); or (c) a qualified person as 1 of the 2 directors mentioned in section 14(1)(b). (5) A person appointed under subsection (4)(a) is taken to have been appointed as the chairperson under section 14(1)(a). (6) A person appointed under subsection (4)(b) is taken to have been appointed as a director under section 14(1)(ab). (7) A person appointed under subsection (4)(c) is taken to have been appointed as a director under section 14(1)(b). 17 Duration of appointment etc. (1) The appointment of a director is for a term (not longer than 3 years) as is specified in the director's instrument of appointment. (2) A director is eligible for reappointment for a further term unless— (a) the director has completed 6 consecutive years as a director; or (b) the total period of the appointment, including the further term, would be 6 consecutive years or more. 18 Terms of appointment (1) A director is appointed on a part-time basis. (2) A director is to be paid such remuneration and allowances as are determined by the Governor in Council. (3) A director holds office on such terms not provided in this Act as are determined by the Governor in Council. 19 [Repealed] 20 Appointment of acting chairperson (1) The board may appoint 1 of its directors to act as chairperson during any period, or all periods, of not longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office. (2) The Governor in Council may, after consultation with the State Minister and the Commonwealth Minister, appoint a person to act as chairperson— (a) during a vacancy in the office; or (b) during any period, or all periods, of longer than 3 months, when the chairperson is absent from duty or Australia or is, for another reason, unable to perform the functions of office. 21 Appointment of acting director (1) Subject to subsection (2), the Governor in Council may appoint a person to act as a director (other than the chairperson)— (a) while the office of the director is vacant; or (b) during any period, or all periods, when the director is absent from duty or Australia or is, for another reason, unable to perform the functions of office. (2) A person may be appointed to act as a director mentioned in section 14(1)(b) only after consultation with the Commonwealth. 22 Removal from office (1) Subject to subsections (2) and (3), the Governor in Council may remove a director from office if the director— (a) is convicted of an indictable offence; or (b) is guilty of misconduct or neglect of duty; or (c) contravenes a provision of this Act without reasonable excuse; or (d) is unable to perform the functions of office because of physical or mental incapacity. (2) The following directors may be removed only after consultation with the State Minister and the Commonwealth Minister— (a) the chairperson; (b) the director mentioned in section 14(1)(ab). (3) A director mentioned in section 14(1)(b) may be removed only after consultation with the Commonwealth. Division 4 Provisions relating to the executive director 23 Executive director The executive director is to be appointed under the Public Sector Act 2022 after consultation among the State Minister, the Commonwealth Minister and the authority. 24 Executive director's duties (1) The executive director is, under the board, to manage the authority. (2) Anything done in the name of, or on behalf of, the authority by the executive director is taken to have been done by the authority. (3) The executive director may, subject to section 31 (Disclosure of interests by directors), take part in any of the board's deliberations but has no voting rights at a meeting of the board. 25 Disclosure of interests by executive director (1) The executive director must give written notice to the chairperson of all direct or indirect pecuniary interests that the executive director has or acquires in any business or in any corporation carrying on any business. (2) The obligations of the executive director under subsection (1) are in addition to any obligations that the executive director has under this Act or any other law. Division 5 Business and meetings of the board 26 Conduct of business Subject to this division, the board may conduct its business (including its meetings) in the way it considers appropriate. 27 Times and places of meetings (1) Subject to subsections (2) and (3), meetings of the board are to be held at such times and places as the board determines. (2) The board must meet at least 4 times in each calendar year. (3) The chairperson— (a) may at any time convene a meeting; and (b) must convene a meeting when requested by 2 or more directors. 28 Presiding director (1) The chairperson is to preside at all meetings at which the chairperson is present. (2) If the chairperson is not present at a meeting, a director (other than the executive director) chosen by the directors present at the meeting is to preside. 29 Quorum and voting at meetings At a meeting of the board— (a) 4 directors (exclusive of the executive director) constitute a quorum; and (b) a question is to be decided by a majority of the votes of the directors present and voting; and (c) the director presiding has a deliberative vote and, if the votes are equal, also a casting vote. 30 Conduct of meetings (1) The board may permit directors to participate in a particular meeting, or all meetings, by— (a) telephone; or (b) closed-circuit television; or (c) any other means of communication. (2) A director who participates in a meeting under a permission under subsection (1) is taken to be present at the meeting. (3) The board may invite a person to attend a meeting for the purpose of advising or informing it on any matter. (4) The board must keep minutes of its meetings. 31 Disclosure of interests by directors (1) If— (a) a director has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and (b) the interest could conflict with the proper performance of the director's duties in relation to consideration of the matter; the director must, as soon as practicable after the relevant facts come to the director's knowledge, disclose the nature of the interest at a meeting of the board. (2) The disclosure must be recorded in the board's minutes and, unless the board otherwise determines, the director must not— (a) be present during any deliberations of the board in respect of the matter; or (b) take part in any decision of the board in respect of the matter. (3) A director who makes a disclosure must not— (a) be present at any deliberation by the board for the purpose of making a determination under subsection (2); or (b) take part in the making by the board of such a determination. Division 6 Provisions relating to staff 32 Arrangements relating to staff (1) The authority may arrange with the chief executive of a department, or with an authority of the State, for the services of officers or employees of the department or authority to be made available to it. (2) The authority may arrange with the appropriate authority of the Commonwealth, another State or a Territory, or with an authority of the Commonwealth, another State or a Territory, for the services of officers or employees of the public service of the Commonwealth, State or Territory, or of the authority, to be made available to it. (3) The authority may arrange for the services of an employee of the authority to be made available to the Commonwealth, a State or Territory or to an authority of the Commonwealth, a State or Territory. 33 Authority's officers and employees employed under Public Service Act The authority's officers and employees are to be employed under the Public Sector Act 2022. 34 Protection from liability (1) This section applies to— (a) an authorised officer; and (b) a person acting under the direction of an authorised officer. (2) The person does not incur civil liability for an act or omission done honestly and without negligence under, or for the purposes of, this Act. (3) A liability that would, but for this section, attach to the person attaches instead to the authority. (4) This section does not apply to a person if the person is a prescribed person under the Public Sector Act 2022, section 267. Division 7 Miscellaneous 35 Delegation of authority's powers (1) Subject to subsection (2), the board may delegate the authority's powers to— (a) an advisory committee; or (b) a director; or (c) an officer or employee of the authority; or (d) the chief executive of a department; or (e) an officer of the public service; or (f) the chief executive officer or an employee of a local government. (2) The board may not delegate powers under any of the following provisions— (a) part 3 (Management plans); (b) section 64 (Budget). (3) A certificate signed by the chairperson stating any matter in relation to a delegation of a power under subsection (1) is evidence of the matter. (4) A document purporting to be a certificate under subsection (3) is, unless the contrary is established, taken to be such a certificate and to have been properly given. 36 Delegation of the executive director's powers The executive director may delegate the executive director's powers to an officer of the authority. 37 Authority's seal (1) The authority's seal must be kept in such custody as the board directs and may be used only as authorised by the board. (2) Judicial notice must be taken of the imprint of the authority's seal appearing on a document and the document must be presumed to have been properly sealed until the contrary is proved. 38 Judicial notice of certain signatures Judicial notice must be taken of— (a) the official signature of a person who is or has been chairperson or executive director; and (b) the fact that the person holds or has held the office concerned. 39 Authentication of documents A document made by the authority (other than a document that is required to be sealed) is sufficiently made if it is signed by the chairperson or a person authorised by the board. 40 Advisory committees (1) For the purposes of the administration of this Act, the authority— (a) must establish— (i) a scientific advisory committee; and (ii) a community consultative committee; and (b) may establish as many other advisory committees as it considers appropriate. (2) The scientific advisory committee has the function of advising the authority on— (a) scientific research that will contribute to the protection and conservation of the wet tropics area; and (b) scientific developments relevant to the protection or conservation of the area. (3) The community consultative committee has the function of advising the authority on the views of the community on the authority's policies and programs in relation to the wet tropics area. (4) An advisory committee established under subsection (1)(b) has the functions the authority specifies, including, for example, the function of advising the authority on— (a) the suitability of management plans; and (b) matters generally relating to the management of the wet tropics area, including its management having regard to the Aboriginal tradition of Aboriginal people particularly concerned with land in the area. (5) A member of an advisory committee may be paid such remuneration and allowances as are determined by the Governor in Council. Part 3 Management plans 41 Preparation of plans by authority (1) The authority must prepare a management plan for the wet tropics area as soon as practicable after the commencement of this part. (2) The authority may prepare such other management plans for the wet tropics area, or any part of the area, as the authority considers appropriate. (3) A management plan may divide the area in respect of which it is made into management zones. (4) A management plan may make provision for any matter for which a regulation may be made under this Act, including, for example— (a) prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and (b) exempting and prescribing acts for section 56(3), definition prohibited act. (5) Also, a management plan may make provision for any matter relating to cooperative management agreements entered into, or proposed to be entered into, by the authority, for the purposes of the management plan. (6) Without limiting subsection (5), a management plan may— (a) impose requirements about— (i) entering into a cooperative management agreement for the purposes of the management plan; or (ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or Example of a requirement for subparagraph (ii)— a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies (b) provide for a cooperative management agreement mentioned in paragraph (a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following— (i) a party to the agreement; (ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land. (7) To remove any doubt, it is declared that subsection (5) does not prevent the authority from entering into a cooperative management agreement other than for the purposes of a management plan. 42 Notice of proposal to prepare draft plan (1) The authority must give public notice that the authority proposes to prepare a draft management plan. (2) The notice must— (a) be published in— (i) a newspaper circulating throughout Queensland; and (ii) such other newspapers as the authority determines; and (b) specify the area concerned; and (c) invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and (d) specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph (a)(i)) by which submissions may be made to the authority. 43 Preparation of draft plan When preparing a draft management plan, the authority must consider all submissions properly made to the authority. 44 Notice of preparation of draft plan (1) The authority must give public notice when a draft management plan has been prepared. (2) The notice must— (a) be published in— (i) a newspaper circulating throughout Queensland; and (ii) such other newspapers as the authority determines; and (b) specify the area concerned; and (c) specify the addresses at which copies of the draft plan may be inspected and, on payment of the prescribed fee, purchased; and (d) invite submissions from government departments, public authorities, land-holders, local authorities, Aboriginal people particularly concerned with land in the area, interested groups and persons and members of the public; and (e) specify a day (not earlier than 40 days from the publication of the notice in the newspaper mentioned in paragraph (a)(i)) by which submissions may be made to the authority. 45 Preparation of final plan When preparing a final management plan, the authority must consider all submissions properly made to the authority. 46 Submission of final plan etc. On preparation of a final management plan, the authority must give— (a) a copy of the plan; and (b) a report on the submissions properly made to it in relation to the draft management plan; to the State Minister and the Commonwealth Minister. 47 Approval of final plan (1) A final management plan does not have effect until approved by the Governor in Council. (2) An approval under subsection (1) may be made only on the recommendation of the State Minister and the Commonwealth Minister. (3) A final management plan is subordinate legislation. (4) The authority must— (a) keep the approved plan open for inspection by members of the public during office hours on business days at— (i) the authority's office; and (ii) such other places as the authority considers appropriate; and (b) on payment of the prescribed fee by a person, give a copy of the approved plan to the person. 48 [Repealed] 49 Plans prevail over planning schemes If there is any inconsistency between a management plan and a planning scheme (whether made before or after the plan), the plan prevails over the planning scheme to the extent of the inconsistency. 50 Local authorities' decisions to be consistent with management plans A local authority must not issue or give any approval, consent, permit or other authority, in relation to a development on land in the wet tropics area, that is inconsistent with a management plan. 51 Inconsistency between management plan and nature conservation instrument (1) If there is any inconsistency between a management plan and a nature conservation instrument in relation to an area, the State Minister must determine, by written notice, whether the management plan or the nature conservation instrument is to prevail to the extent of the inconsistency. (2) In making the determination, the State Minister must have regard to the following matters— (a) the protection of the area's natural heritage; (b) the protection of the biological diversity of the area's native wildlife and its habitat; (c) any other aspects of the public interest that the Minister considers relevant (including financial considerations). (3) Subsection (2) does not limit the matters to which the State Minister may have regard in making the determination. (4) To remove any doubt, subsection (1) does not affect any rights that Aboriginal people have in relation to native wildlife under another Act. (5) A notice under subsection (1) is subordinate legislation. (6) In this section— nature conservation instrument means any of the following under the Nature Conservation Act 1992— (a) a conservation plan; (b) a management plan; (c) a management program; (d) a management statement. 52 Amendment of plans (1) The Governor in Council may approve the amendment of a management plan by a subsequent management plan only if the procedures applying to the preparation and approval of plans under this part (other than sections 42 (Notice of proposal to prepare draft plan) and 43 (Preparation of draft plan)) are followed. (2) However, the procedures mentioned in subsection (1) are not required to be followed in relation to the amendment of a management plan to— (a) correct an error in the plan; or (b) reflect an amendment of this Act in the plan; or (c) make another change to the plan that is not a change of substance; or (d) if the plan or a regulation provides that an amendment of a stated type may be made to the plan by amendment under this subsection—make an amendment of that type. 53 Review of plans (1) The authority must review the operation of each management plan— (a) no later than 10 years after its approval; and (b) before the end of each subsequent period of 10 years after its approval. (2) The procedures applying to the preparation and approval of plans under this part apply to the review of plans with any necessary modifications and any modifications prescribed by regulation. 54 Compensation (1) Subject to subsections (2) and (3), if a land-holder's interest in land is injuriously affected by a restriction or prohibition imposed under a management plan on the land-holder's existing use of the land, the land-holder is entitled to be paid by the authority such reasonable compensation because of the restriction or prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court. (2) The land-holder's interest in the land is not injuriously affected if the restriction or prohibition under the management plan is the same, or to the same effect, as a provision of another law applying to the land immediately before the commencement of the plan. (3) Compensation is not payable if compensation has already been paid in respect of— (a) the restriction or prohibition; or (b) a restriction or prohibition to the same effect. (4) A claim for compensation must be lodged with the authority within 6 months after the approval of the management plan or such longer period as the authority or the Land Court in special circumstances allows. (5) In making a determination, the Land Court must have regard to the following matters— (a) the capacity of the land to sustain the use; (b) any change in the value of the land because of the approval of the management plan; (c) any change in the profitability of the land because of the approval of the plan; (d) any cooperative management agreement with the land-holder. (6) Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination. (7) In this section— existing use of land means a lawful use made, or a use that could lawfully be made as of right, of the land immediately before the commencement of the management plan that restricts or prohibits the use. land-holder includes a person having an interest in land. Part 4 Prohibited practices 55 Use of prohibited words (1) A person must not, without the prior written consent of the authority, use prohibited words in connection with a business, trade, profession or occupation. (2) A person must not use words in relation to an area that is not part of the wet tropics area in a way that is likely to cause another person to reasonably believe that the area is part of the wet tropics area. (3) In this section— prohibited words means— (a) 'Wet Tropics of Queensland World Heritage'; or (b) 'Wet Tropics World Heritage Area'; or (c) any other words prescribed by regulation. 56 Prohibited acts (1) A person must not do, or attempt to do, a prohibited act in relation to land within the Wet Tropics Area, unless the person is the holder of a licence, permit or other authority— (a) issued or given by the Authority under a regulation; or (b) issued or given by the Governor in Council under another Act. Maximum penalty—3,000 penalty units, imprisonment for 2 years or both. (2) To remove any doubt, subsection (1) does not affect any rights that Aboriginal people have in relation to forest products under another law. (3) In this section— prohibited act means— (a) in relation to a forestry operation— (i) destroying a forest product; or (ii) constructing or establishing a road or vehicular track; or (iii) carrying out any excavation works; or (b) destroying a forest product, unless exempted under a regulation; or (c) another act prescribed by regulation to be a prohibited act. 57 Compensation (1) Subject to subsections (2) and (3), if a land-holder's interest in land is injuriously affected by a prohibition under section 56, the land-holder is entitled to be paid by the authority such reasonable compensation because of the prohibition as is agreed between the authority and the land-holder or, failing agreement, as is determined by the Land Court. (2) Compensation is payable only if the prohibition is a prohibited act merely because of paragraph (b) or (c) of the definition prohibited act in section 56. (3) Compensation is not payable if compensation has already been paid in respect of— (a) the prohibition; or (b) a similar prohibition. (4) A claim for compensation must be lodged with the authority within 6 months after the prohibition starts or such longer period as the authority or Land Court in special circumstances allows. (5) In making a determination, the Land Court must have regard to the following matters— (a) the capacity of the land to sustain the prohibited act; (b) any change in the value of the land because of the prohibition; (c) any change in the profitability of the land because of the prohibition; (d) any cooperative management agreement with the land-holder. (6) Subsection (5) does not limit the matters to which the Land Court may have regard in making a determination. (7) In this section— land-holder includes a person having an interest in land. Part 5 Administration 58 Appointment, and terms of appointment, of authorised officers (1) The State Minister may appoint any of the following persons to be authorised officers— (a) an officer or employee of the authority; (b) an officer of the public service; (c) an employee of the department; (d) with the person's consent, another person. (2) The State Minister may appoint a person to be an authorised officer only if— (a) in the Minister's opinion, the person has the necessary expertise or experience to be an authorised officer; or (b) the person has satisfactorily completed an appropriate course of training approved by the Minister. (3) An authorised officer appointed under subsection (1)(a), (b) or (c) holds office subject to the conditions specified in the instrument of appointment. (4) An authorised officer appointed under subsection (1)(d)— (a) holds office for the period, and on the conditions, specified in the instrument of appointment; and (b) may resign by signed notice given to the State Minister. (5) An authorised officer ceases to hold office— (a) if the officer was appointed under subsection (1)(a)—if the officer ceases to be an officer or employee of the authority; or (b) if the officer was appointed under subsection(1)(b)—if the officer ceases to be an officer of the public service; or (c) if the officer was appointed under subsection (1)(c)—if the officer ceases to be an employee of the department; or (d) if the officer was appointed under subsection (1)(d)—if the officer resigns, or is removed from, office. 59 Powers of authorised officers (1) An authorised officer appointed under section 58(1)(a), (b) or (c) has, in relation to the wet tropics area— (a) the powers given under this or another Act; and (b) such other powers as may be prescribed by regulation. (2) An authorised officer appointed under section 58(1)(d) has, in relation to the wet tropics area— (a) the powers of an authorised officer under section 74; and (b) such other powers as may be prescribed by regulation. 60 Conservation officers to be authorised officers All conservation officers under the Nature Conservation Act 1992 are, by virtue of their office, authorised officers, and have the same powers as authorised officers appointed under section 58(1)(a). 61 Identity cards (1) The State Minister must issue an identity card to each authorised officer other than an authorised officer of a prescribed class. (2) The identity card must— (a) contain a recent photograph of the authorised officer; and (b) be in a form approved by the State Minister; and (c) be signed by the officer. (3) A person who ceases to be an authorised officer must not, without reasonable excuse, fail to return the person's identity card to the authority as soon as practicable after ceasing to be an authorised officer. Maximum penalty for subsection (3)—50 penalty units. 62 Proof of authority An authorised officer may exercise a power in relation to a person only if the officer first produces his or her identity card for inspection by the person. 63 Annual report (1) The authority must, within 3 months after the end of each financial year, give to the State Minister and the Commonwealth a report on— (a) the administration of this Act during the year; and (b) financial statements for the year; and (c) the state of the wet tropics area. (2) The State Minister must lay a copy of the report before the Legislative Assembly within 14 sitting days after its receipt by the Minister. 64 Budget (1) The authority must prepare a draft budget for each financial year showing— (a) estimates of receipts and expenditure for the year; and (b) the purposes of estimated expenditure. (2) The authority must submit the draft budget to the State Minister and the Commonwealth Minister for approval within the time, and in the form, required by the Ministers. (3) The State Minister and the Commonwealth Minister must approve the draft budget (with or without modifications) within 60 days after the draft budget is submitted under subsection (2). (4) If the State Minister or the Commonwealth Minister does not approve the authority's draft budget for a financial year under subsection (3), the draft budget submitted by the authority is taken to be approved by the State Minister and the Commonwealth Minister. (5) Subject to any financial agreement between the State and the Commonwealth, the authority must observe the budget approved under subsection (3) or (4). 65 Delegation by Minister The State Minister may delegate to an officer of the public service the Minister's powers under this Act. 66 Records to be maintained by registrar (1) The registrar must maintain records in relation to private land within the wet tropics area. (2) The records must show— (a) that the private land is subject to the prohibitions under section 56; and (b) in relation to private land that is subject to a management plan—that the land is subject to the management plan. (3) The registrar must maintain the records in such a way that a search of the register maintained by the registrar under any Act relating to the private land will show that the land is subject to— (a) the prohibitions; and (b) if subsection (2)(b) applies—the management plan. (4) The registrar must, within 14 days after— (a) the repeal of a management plan over private land; or (b) the removal of private land from the operation of a management plan; remove the particulars of the land from the registrar's records. Part 6 Investigation and enforcement 67 Power to stop and search vehicles etc. (1) In this section— person in control of a vehicle includes— (a) the driver of the vehicle; and (b) the person in command of the vehicle; and (c) the person who appears to be in control or command of the vehicle. vehicle includes a boat or an aircraft. (2) This section applies if an authorised officer suspects on reasonable grounds that— (a) a vehicle is being, or has been, used in the commission of an offence against this Act; or (b) a vehicle, or anything on or in a vehicle, may afford evidence of the commission of an offence against this Act. (3) The authorised officer may, with such assistance and by such force as is necessary and reasonable— (a) enter or board the vehicle; and (b) exercise the powers set out in section 70. (4) If— (a) the vehicle (not being an aircraft) is moving or about to move; or (b) the vehicle (being an aircraft) is moving, or about to move, on the ground; the authorised officer may signal the person in control of the vehicle— (c) to stop the vehicle; or (d) not to move the vehicle. (5) A person must not, without reasonable excuse, disobey a signal under subsection (4) to stop or not to move a vehicle. Maximum penalty—165 penalty units or 1 year's imprisonment. (6) It is a reasonable excuse for the person to fail to stop or not to move the vehicle if— (a) to obey immediately the signal would have endangered the person or another person; and (b) the person obeys the signal as soon as it is practicable to do so. (7) The authorised officer may require the person in control of the vehicle— (a) to give such reasonable assistance as the officer requires to enable the vehicle to be entered or boarded under subsection (3); or (b) to do both of the following— (i) bring the vehicle to a specified place; (ii) remain in control of the vehicle at the place for a reasonable time to enable the officer to exercise the officer's powers in relation to the vehicle. (8) A person must not, without reasonable excuse, contravene a requirement under subsection (7). Maximum penalty—165 penalty units or 1 year's imprisonment. (9) If, while searching the vehicle the authorised officer finds a thing that the officer believes, on reasonable grounds, will afford evidence of the commission of an offence against this Act, section 69(2) applies to the thing. (10) If, after searching the vehicle the authorised officer believes on reasonable grounds that the vehicle will afford evidence of the commission of an offence against this Act, section 69(2)(a) and (b) apply to the vehicle. 68 Entry and search—monitoring compliance (1) An authorised officer may, for the purpose of finding out whether this Act is being complied with— (a) enter any place at any reasonable time of the day or night; and (b) exercise the powers mentioned in section 70. (2) An authorised officer may enter a place or exercise a power under subsection (1) only if— (a) the occupier of the place consents to the entry or exercise of the power; or (b) a warrant under section 71 authorises the entry or exercise of the power. 69 Entry and search—evidence of offences (1) If an authorised officer has reasonable grounds for suspecting that there is in a place a particular thing (the evidence) that may afford evidence of the commission of an offence against this Act, the officer may— (a) enter the place; and (b) exercise the powers mentioned in section 70. (2) If the authorised officer enters the place and finds the evidence— (a) the officer may seize the evidence; and (b) the officer may keep the evidence— (i) for 6 months; or (ii) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding; and (c) if the evidence is a document—while the officer has possession of the document, the officer— (i) may take extracts from and make copies of the document; and (ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the officer's possession. (3) The authorised officer may enter the place, or exercise a power under subsection (1), only if— (a) the occupier of the place consents to the entry or exercise of the power; or (b) a warrant under section 72 that was issued in relation to the evidence authorises the entry or exercise of the power. (4) If, while searching the place under subsection (1) under a warrant under section 72, the authorised officer finds a thing (the secondary evidence) that is not the evidence, then, subject to subsection (5), subsection (2) applies to the secondary evidence as if it were the evidence. (5) Subsection (4) applies only if the authorised officer believes, on reasonable grounds, that— (a) the secondary evidence will afford evidence of the commission of— (i) the offence mentioned in subsection (1); or (ii) another offence against this Act; and (b) it is necessary to seize the secondary evidence to prevent— (i) its concealment, loss, death or destruction; or (ii) its use in committing, continuing or repeating either of the offences. 70 General powers in relation to places and vehicles (1) An authorised officer who enters a place, or enters or boards a vehicle, under this part may exercise any of the following powers— (a) search any part of the place or vehicle; (b) inspect, examine, photograph or film anything in or on the place or vehicle; (c) take extracts from, and make copies of, any documents in or on the place or vehicle; (d) take into or onto the place or vehicle any persons, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the place or vehicle; (e) require— (i) the occupier of the place; or (ii) any person in or on the place or vehicle; to give to the authorised officer reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d); (f) the powers mentioned in the following provisions— (i) section 74 (Power to require name and address); (ii) section 75 (Power to require answers to questions); (iii) section 76(1)(b) to (c) (Other powers of authorised officers). (2) A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1)(e). Maximum penalty—50 penalty units. (3) It is a reasonable excuse for a person to fail— (a) to answer a question; or (b) produce a document (other than a document required to be kept by the person under a regulation); if answering the question, or producing the document, might tend to incriminate the person. (4) An authorised officer who seizes or damages anything under this part must, as soon as practicable, give written notice of the particulars of the thing or damage. (5) The notice must be given to— (a) for a seizure—the person from whom the thing was seized; or (b) for injury or damage—the person who appears to the authorised officer to be the owner of the thing. (6) This section does not limit any power that an authorised officer has apart from this section. (7) In this section— vehicle includes a boat and an aircraft. 71 Monitoring warrants (1) An authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes). (2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is necessary and reasonable that the authorised officer should have access to the place for the purpose of finding out whether this Act is being complied with. (3) If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires. (4) The warrant must— (a) authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 70(1)(a) to (e); and (b) state whether the entry is authorised to be made— (i) at any reasonable time of the day or night; or (ii) only during specified reasonable hours of the day or night; and (c) specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued. 72 Offence related warrants (1) An authorised officer may apply to a magistrate for a warrant under this section in relation to a particular place. (2) Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in or on the place a particular thing that may afford evidence of the commission of an offence against this Act. (3) If the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised officer or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires. (4) The warrant must— (a) authorise the authorised officer, with such assistance and by such force as is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers set out in section 70(1)(a) to (e); and (iii) to seize a specified thing; and (b) state whether the entry is authorised to be made— (i) at any time of the day or night; or (ii) only during specified hours of the day or night; and (c) specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued. 73 Warrants may be issued by various forms of communication (1) If an authorised officer considers it necessary to do so because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the officer's remote location; the officer may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section 71 or 72. (2) Before applying for the warrant, the authorised officer must prepare an information of the kind mentioned in section 71(2) or 72(2) that sets out the grounds on which the issue of the warrant is sought. (3) If it is necessary to do so, an authorised officer may apply for the warrant before the information has been sworn. (4) If the magistrate— (a) after having considered the terms of the information; and (b) after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may, under section 71 or 72, complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section. (5) If the magistrate completes and signs the warrant, the magistrate must— (a) immediately send a copy of the warrant to the authorised officer by facsimile; or (b) if it is not reasonably practicable to do so— (i) tell the officer what the terms of the warrant are; and (ii) tell the officer the day and time when the warrant was signed; and (iii) record on the warrant the reasons for granting the warrant. (6) If the magistrate takes the action mentioned in subsection (5)(b), the authorised officer must— (a) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and (b) write on the form of warrant— (i) the name of the magistrate; and (ii) the day and time when the magistrate signed the warrant. (7) The authorised officer must also send to the magistrate— (a) the information mentioned in subsection (2), which must have been properly sworn; and (b) if a form of warrant was completed by the authorised officer under subsection (6)—the completed form of warrant. (8) A document mentioned in subsection (7) must be sent— (a) not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or (b) if it is not practicable to comply with paragraph (a)—as soon as practicable after the day mentioned in the paragraph. (9) When the magistrate receives the documents mentioned in subsection (7), the magistrate must— (a) attach them to the warrant that the magistrate completed and signed; and (b) deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 71 or 72. (10) A facsimile copy of a warrant, or a form of warrant properly completed by the authorised officer under subsection (6), is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises. (11) If— (a) it is material for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and (b) the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant. 74 Power to require name and address (1) This section applies if an authorised officer— (a) finds a person committing an offence against this Act; or (b) finds a person who the officer has reasonable grounds for suspecting has committed an offence against this Act; or (c) believes on reasonable grounds that the name and address of a person is required for the purpose of the administration or enforcement of this Act. (2) The authorised officer may— (a) require the person to state the person's name and address; and (b) if the officer believes on reasonable grounds that the name and address given by a person is false—require evidence of its correctness. (3) If the authorised officer makes a requirement under subsection (2), the officer must warn the person that it is an offence against this Act to fail, without reasonable excuse, to comply with the requirement. (4) A person who is required under subsection (2) to state the person's name or address must not— (a) without reasonable excuse, fail to comply with the requirement; or (b) state a false name or address. Maximum penalty—100 penalty units. (5) A person who is required under subsection (2) to give evidence of the correctness of a name or address must not— (a) without reasonable excuse, fail to give the evidence; or (b) give false evidence. Maximum penalty—100 penalty units. (6) If— (a) an authorised officer makes a requirement under subsection (2) on a suspicion of a person having committed an offence; and (b) the person is not proved to have committed the offence; the person is not guilty of an offence against this section. 75 Power to require answers to questions (1) If an authorised officer believes on reasonable grounds that a person may be able to provide information relevant to the enforcement of this Act, the officer may require the person to answer a question relevant to the enforcement of this Act. (2) If the authorised officer makes a requirement under subsection (1), the officer must warn the person that it is an offence against this Act— (a) to fail to answer a question relevant to the enforcement of this Act without reasonable excuse; or (b) to make a statement that the person knows is false or misleading in a material particular. (3) A person who is required under subsection (1) to answer a question must not, without reasonable excuse, fail to comply with the requirement. Maximum penalty—100 penalty units. (4) It is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person. (5) If— (a) an authorised officer makes a requirement under subsection (1) on the basis of a reasonable belief; and (b) the information is not in fact relevant to the enforcement of this Act; the person is not guilty of an offence against this section. 76 Other powers of authorised officers (1) An authorised officer may, for the purposes of this Act, exercise any of the following powers— (a) enter any land at any reasonable time for the purpose of inspecting the state of the wet tropics area; (b) require a person to produce to the officer— (i) any licence, permit or other authority held by the person under a regulation; or (ii) any document required to be kept by the person under a regulation; (c) inspect, take extracts from, make copies of or keep a document produced to the officer under paragraph (b). (2) Before exercising the power mentioned in subsection (1)(a), an authorised officer must— (a) obtain, or, in urgent circumstances, take all reasonable steps to obtain, the consent of the land-holder concerned; or (b) give at least 14 days' written notice to the land-holder concerned of— (i) the officer's intention to enter the land; and (ii) the proposed purpose in entering the land; and (iii) the day and time when the officer proposes to enter the land. (3) In exercising the power mentioned in subsection (1)(a), an authorised officer must take all reasonable steps to ensure that the officer causes as little inconvenience, and does as little damage, as is practicable. (4) An authorised officer— (a) may keep a document under subsection (1)(c) only for the purpose of taking copies of the document; and (b) must, as soon as practicable after taking the copies, return the document to the person who produced it. 77 Obstruction of authorised officers A person must not, without reasonable excuse, obstruct, hinder or resist, or attempt to obstruct, hinder or resist, an authorised officer in the exercise of a power under this Act. Maximum penalty—100 penalty units. 78 Compensation (1) A person who incurs any loss or expense— (a) because of the exercise or purported exercise of a power under this part; or (b) in complying with a requirement made of the person under this part; may claim compensation from the State. (2) A payment of compensation may be claimed and ordered— (a) in an action for compensation brought in a court of competent jurisdiction for the recovery of compensation; or (b) during a proceeding for a charge under this Act against the person by whom the claim is made. (3) A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to do so in the circumstances of the particular case. 79 False or misleading information and documents (1) A person must not— (a) make a statement to an authorised officer that the person knows is false or misleading in a material particular; or (b) omit from a statement made to an authorised officer anything without which the statement is, to the person's knowledge, misleading in a material particular. Maximum penalty—100 penalty units. (2) A complaint against a person for an o