Nature Conservation Act 1992 - Queensland

Service summary

The object of the Act is to provide for the conservation and protection of native plants and animals and of certain areas within Queensland.

The Act regulates the taking and use of natural and cultural resources of protected areas and the taking, keeping and use of native flora and fauna.

It provides for the issuing of licences and permits, as detailed in the Regulations, for:

  • commercial activities in national parks
  • wildlife dealing and wildlife farming
  • removal of problem wildlife
  • taking of protected plants (whole plants/plant parts)
  • keeping and using of restricted plants for commercial purposes

Please Note: The Act is administered by 3 Queensland Government Agencies:

Department of Environment and Heritage Protection is responsible for:
Pet Shops; Plant Collectors; Native Plant Growers and Native Nurseries; Commercial Macropod Shooters; Wildlife Farming; Taxidermists; Venom Extractors (eg. in the production of antivenene)

Department of National Parks, Recreation, Sport and Racing is responsible for:
Tour Operators within Protected Areas; Tourist Resorts on Protected Estate

Department of Agriculture, Fisheries and Forestry is responsible for:
Wildlife Parks and Zoological Institutions, Wildlife Demonstrators

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Cultural resources

in a protected area means places or objects which have anthropological, archaeological, historical, scientific, spiritual or sociological significance, including such significance or value under Aboriginal tradition or Island custom.

Natural resources

Means the natural and physical features of the area including wildlife, soil, water, minerals and air, in relation to:

  • a protected area; or
  • an area identified under a conservation plan as, or including
    1. a critical habitat
    2. an area of major interest.
Take

Includes:

  • in relation to an animal
    1. hunt, shoot, wound, kill, skin, poison, net, snare, spear, trap, catch, dredge for, bring ashore or aboard a boat, pursue, lure, injure or harm the animal; or
    2. attempt to do any of the acts mentioned in (i)
  • in relation to a plant
    1. gather, pluck, cut, pull up, destroy, dig up, fell, remove or injure the plant or any part of the plant; or
    2. attempt to do any of the acts mentioned in (i).
Use

in relation to a cultural or natural resource or wildlife, includes buy, sell, give away, process, move or gain any benefit from the resource or wildlife.

Additional information

The following Subordinate Legislation should be examined:

  • Nature Conservation (Administration) Regulation 2006
  • Nature Conservation (Estuarine Crocodile) Conservation Plan 2007
  • Nature Conservation (Forest Reserves) Regulation 2000
  • Nature Conservation (Koala) Conservation Plan 2006
  • Nature Conservation (Macropod) Conservation Plan 2005
  • Nature Conservation (Macropod Harvest Period 2013) Notice 2012
  • Nature Conservation (Protected Areas Management) Regulation 2006
  • Nature Conservation (Protected Areas) Regulation 1994
  • Nature Conservation (Protected Plants) Conservation Plan 2000
  • Nature Conservation (Protected Plants Harvest Period) Notice 2013
  • Nature Conservation (Wildlife Management) Regulation 2006
  • Nature Conservation (Wildlife) Regulation 2006.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Authorised officers have powers to monitor and enforce compliance with the Act. Offences against the Act may be prosecuted in court.

Penalties for breaches of the Act include forfeiture of fauna, flora, vehicles, boats, aircraft and other equipment used in committing the offence. Fines and imprisonment may also be imposed.

Review or Appeal Mechanisms:

An appeal may be made against a decision relating to the granting and issue of a licence, permit or authority.


Administering agency

Department of Environment and Heritage Protection
Conservation and Sustainability Services
Nature Conservation Services

Contact details

Permit and Licence Management
Department of Environment and Heritage Protection
Conservation and Sustainability Services
Nature Conservation Services


Mailing address:
GPO Box 2454
BRISBANE QLD 4001

Phone:

1300 130 372
palm@ehp.qld.gov.au

Supporting information

Disclaimer

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