Application form
Aboriginal tradition or Island custom authority
Cultural Heritage Management
Aboriginal tradition or Island custom authority
Nature Conservation (Administration) Regulation 2017
OFFICIAL USE ONLYDATE RECEIVED
FILE REF
PROJECT REF
COMPLETE FORM
ENTERED BY [SIGNATURE]
DATE
GUIDE
- The registered legal entity is the legal entity intending to carry out the activity and in whose name the relevant authority is to be issued.
Information requested in this form is required to enable your application to conduct an activity on QPWS managed areas to be processed. If you have any difficulties completing the form, please contact QPWS Park Access at: .
Your application must be assessed and an authority granted by the chief executive before you can proceed with the nominated activity.
Please read any information sheets and policies relevant to your application. Before submitting this application you should understand the requirements of legislation relevant to the proposed activity/ies i.e. the Nature Conservation Act 1992.
YOU MUSTALLOW AT LEAST 40 BUSINESS DAYSPROCESSING TIME FOR THIS APPLICATION. SHOULD ADDITIONAL INFORMATION OR DOCUMENTATION BE REQUIRED, A FURTHER 20 BUSINESS DAYS MAY APPLY. (Refer note: ‘Processingtime’last page.
Specify which type of authority you are applying for:
Aboriginal Tradition Island Custom
- Registered legal entity details
Island Custom may only be issued to a corporation. The corporation must have an office in the State.
REGISTERED LEGAL ENTITY NAME
TRADING NAME (IF APPLICABLE)
REGISTERED ADDRESS / POST CODE
TELEPHONE / FACSIMILE / MOBILE
E-MAIL ADDRESS
Enter the Australian Company Number (ACN) or Australian Business Number (ABN) of the incorporated company or the Association Number (AN) of the incorporated association; or the title and section of the legislation that gives the statutory corporation its legal status.
Note: The Australian Company Number (ACN) or Australian Business Numbers (ABN)must be provided for Nature Conservation Act 1992 (NCA)applications. / Registered legal entity details continued
POSTAL ADDRESS (IF DIFFERENT FROM REGISTERED ADDRESS) / POST CODE
0
ACN/ABN/AN
- Authorised signatory
The authorised signatory is a person authorised to sign an application on behalf of a corporation and in doing so declares that the corporation will be bound by the conditions associated with the granting of the authority.
AUTHORISED SIGNATORY FULL NAME / TITLE
POSITION IN CORPORATION
TELEPHONE / FACSIMILE / MOBILE
E-MAIL ADDRESS
POSTAL ADDRESS (WRITE “AS ABOVE” IF THE SAME AS REGISTERED ADDRESS) / POST CODE
- Contact person
Should we require further information regarding this application, please provide a contact person with authority to respond on behalf of the legal entity.
FULL NAME
TELEPHONE
- Project details
It is recommended that you discuss your proposed activity with QPWS regional staff prior to lodging your application.
The dates you intend to be on the nominated area / 4. Project details
(a)Pre-lodgement meeting
If you have attended a pre-lodgement meeting or discussed your proposal previously with the Department,provide details here.
QPWS OFFICER NAME AND DATE OF MEETING
(b)Previous authority details
Have you previously held a similar authority for this type of activity?
Yes (providedetails) Authority Number / No
(c)Specify the term of this authority
The authority may be issued for a maximum term of one year only
DATE FROM / DATE TO (INCLUSIVE)
(d)Frequency of activity
Please provide details as to how frequently you propose to conduct theactivities
Daily / Weekly / MonthlyOtherPlease specify
(e)On which day/s of the week do you propose to conduct the activity?
Please specify the days of the week on which you propose to conduct the activities
MONDAY / TUESDAY / WEDNESDAY / THURSDAY / FRIDAY / SATURDAY / SUNDAY(f)Specify details of the protected area/s, the name/s of relevant person/s* involved and the approximate time/s of day at which the proposed activity is to occur.
NAME OF PROTECTED AREA / NAME OF SECTION WITHINPROTECTED AREA / NAMES OF RELEVANT PERSONS INVOLVED IN ACTIVITY / TIME OF ARRIVAL
IN THE AREA / TIME OF DEPARTURE
FROM THE AREA
*Relevant person – for the holder of a protected area authority, means – for an Aboriginal tradition of Island custom authority – a person stated on the authority as a person who may take, keep, use or interfere with cultural or natural resources of the area, under the authority.
(g)Specifydetails of the cultural or natural resource proposed to be taken, used, kept or interfered with
If more space is required, attach a separate list to this application.
COMMON NAME OFCULTURAL
OR NATURAL RESOURCE / SPECIFY WHETHER
L – LIVING
D – DEAD
P – PARTS / PRODUCTS / SCIENTIFIC NAMES
(IF KNOWN) / QUANTITY
TO BE TAKEN
(h)Further information
(i)Is the cultural or natural resource subject of this application to be taken under Aboriginal tradition?
Yes - If yes, provide details / NoDetails
(ii)Is the cultural or natural resource subject of this application to be taken under Island custom?
Yes - If yes, provide details / NoDetails
(iii)Does the applicant represent a community or group of Aboriginal or Torres Strait Islander people particularly concerned with land* within the area or part of the area in which the proposed activity is to take place?
Yes - If yes, provide details / NoDetails
(iv)Has the applicant consulted with and considered the views of Aboriginal or Torres Strait Islanderpeople particularly concerned with land* within the area or part of the area in which the proposed activity is to take place?
Yes - If yes, provide details / NoDetails
(v)Are the Aboriginal or Torres Strait Islanderpeople who are particularly concerned with land* within the area or part of the area in which the proposed activity is to take place, satisfied that the way the activity is to be conducted under the authority is consistent with Aboriginal tradition or Island Custom?
Yes - Provide details / No- Provide detailsDetails
*Aboriginal people particularly concerned with landmeans Aborigines particularly concerned with land within the meaning given by the Aboriginal Land Act 1991, section 3.
*Torres Strait Islanders particularly concerned with landhas the meaning given by the Torres Strait Islander Land Act 1991, section 3.
(vi)Please provide full details of the means (including the use of any implements, equipment etc.) by which it is proposed to take, use, keep or interfere with the cultural or natural resource subject of this application
Details(vii)For what purpose is it proposed to take, use, keep or interfere with the cultural or natural resource subject of this application?
Details(viii)Does the applicant intend to access the protected area/s specified in this application for the purpose of preparing a claim or management plan for the park under the Aboriginal Land Act 1991?
Details5.Applicant suitability
A permit may be issued only if the applicant is considered a suitable person as prescribed under Schedule 2 of the Nature Conservation (Administration) Regulation2017.
In the last 3 years have you or an associateA:
Please provide any relevant details in the box below
a) held or been a party to any of the following permits or authorities which has been suspended or cancelled?a commercial activity agreement or similar agreement in Queensland or another state or country
a protected area authorityB (including a commercial activity permit)
a wildlife authority
a similar or relevant authority in another state or country / Yes No
b) accumulated 10 or more demerit points under any of the following?
Nature Conservation Act 1992
Recreation Areas Management Act 2006 / Yes No
c) been convicted of an offence against any of the following?
Nature Conservation Act 1992
Recreation Areas Management Act 2006
Forestry Act 1959
Marine Parks Act 2004
Animal Care and Protection Act 2001
an offence relating to wildlife under another Act
an equivalent offence in another State or country / Yes No
DETAILS
Aassociate, of a person who is being considered as suitable or not suitable to hold a relevant authority, means—
(a) if the person being considered is a corporation—each executive officer of the corporation; or
(b) if the person being considered is an individual—another person who—
(i) is, or will be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or will relate, to the authority; or
(ii) regularly directs staff of the activity or business in their duties; or
(iii) is, or will be, in a position to control or substantially influence the activity or business, or proposed activity or business.
Ba protected area authorityincludes a permit to take, use, keep or interfere with cultural or natural resources, an apiary permit, an aboriginal tradition authority, an Island custom authority, camping permit, restricted access area permit, stock grazing permit, stock mustering permit, travelling stock permit, permit to enter a national park (scientific), commercial activity permit, permit to solicit donations or information, organised event permit, permit to use recreational craft or special activity permit.
6. Additional information
Please attach a separate statement including any additional information not already provided that will assist in assessing your application.
7.Application assessment information
Your application will be assessed against a range of matters required by the relevant legislation including the following:
Aboriginal Tradition and Island Custom authorityNature Conservation (Administration) Regulation 2017
s25 Considering application
(1) In considering an application for a relevant authority, the chief executive must have regard to each of the following—
(a) the impact the activities that may be carried out under the authority may have on the conservation of the cultural or natural resources of a protected area or native wildlife;
(b) the effect the grant of the authority will have on the fair and equitable access to nature, having regard to, in
particular, the ecologically sustainable use of protected areas or wildlife;
(c) any contribution the applicant proposes to make to the conservation of nature;
(d) any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement;
(e) the precautionary principle;
(f) public health and safety;
(g) the public interest;
(h) for an application for a relevant authority other than a camping permit—whether the applicant is a suitable
person to hold the authority, having regard to the matters mentioned in schedule 2;
(i) for an application for a relevant authority for an Aboriginal land protected area—the indigenous management agreement for the protected area;
(j) for an application for a relevant authority for a protected area, other than an Aboriginal land protected area, in the
Cape York Peninsula Region—any indigenous land use agreement for the area;
(k) any recovery plan for wildlife to which the authority applies;
(l) any other matter stated in a management instrument as a matter the chief executive must have regard to when
considering an application for the authority.
(2) Without limiting subsection (1), the chief executive may have regard to anything else the chief executive considers appropriate to achieve the object of the Act.
Aboriginal Tradition and Island Custom authority
Nature Conservation (Protected Areas Management) Regulation 2017
s17 Additional matters to be considered
In considering an application for a permit to take, use, keep or interfere with cultural or natural resources (a resources permit), an apiary permit, an Aboriginal tradition authority or an Island custom authority the chief executive must have regard to each of the following—
(a) the impact the activities that may be conducted under the permit or authority may have on the character and
amenity of the protected area to which the permit or authority applies and adjacent areas;
(b) the likely cumulative effect of the proposed use and other uses on the protected area to which the permit or
authority applies.
Aboriginal Tradition and Island Custom authority
Nature Conservation (Protected Areas Management) Regulation 2017
s32 Restriction about resources for which authorities may be granted
(1) The chief executive can not grant an Aboriginal Tradition authority or Island Custom authority for –
(a) a natural resource of a national park (scientific); or
(b) threatened, rare or near threatened wildlife, other than a protected plant part of a vulnerable or near threatened plant
(2) Subsection (3) applies to -
(a) a protected plant part of a vulnerable or near threatened plant ; and
(b) least concern wildlife
(3) The chief executive can not grant an Aboriginal tradition authority or Island custom authority for the plant part or the wildlife if the taking, use or keeping of, or the interference with, the plant part or wildlife will reduce the ability of the plant or the wildlife to maintain or recover the plant’s or wildlife’s natural population levels in the protected area, or the part of a protected area, to which the authority applies.
Aboriginal Tradition and Island Custom authority
Nature Conservation (Protected Areas Management) Regulation 2017
s33 Restriction about way for taking, keeping, using or interfering with resources
The chief executive can not grant an Aboriginal tradition authority or Island custom authority that authorises—
(a) the taking of, or interfering with, the cultural or natural resources of a protected area by using a weapon; or
(b) the taking, keeping or using of, or interfering with, the cultural or natural resources of a protected area in a way
that may cause harm to a person visiting the area.
Aboriginal Tradition authority
Nature Conservation (Protected Areas Management) Regulation 2017
s34 Additional matters to be considered
In considering an application for an Aboriginal tradition authority for a cultural or natural resource of a protected area, the chief executive must have regard to—
(a) any advice given by the corporation named in the application for the authority on the significance, under
Aboriginal tradition, of the activity the subject of the application; and
(b) whether there is a reasonable alternative to taking, keeping, using or interfering with the resource; and
(c) the extent to which the activity will interfere with the public use of the protected area, or the part of a protected area, to which the authority applies.
Aboriginal Tradition authority
Nature Conservation (Protected Areas Management) Regulation 2017
s35 Restriction about persons to whom authority may be granted
(1) The chief executive may grant an Aboriginal traditionauthority for a protected area, or a part of a protected area,
only to a corporation that—
(a) represents a community or group of Aboriginal peopleparticularly concerned with the land within the area or
part; and
(b) has consulted with, and considered the views of,Aboriginal people particularly concerned with landwithin the area or part; and
(c) is satisfied the way the activity to be conducted underthe authority will be conducted is consistent withAboriginal tradition.
(2) Also, the chief executive may grant an Aboriginal traditionauthority to the corporation only if the corporation has an
office in the State.
Aboriginal Tradition authority
Nature Conservation (Protected Areas Management) Regulation 2017
s36 Additional restriction about circumstances under which authority may be granted for particular national parks
(1) The chief executive may grant an Aboriginal tradition authority for a natural resource of a relevant national park
only if the chief executive is satisfied—
(a) the purpose for which the resource is to be taken, kept, used or interfered with is of particular significance
under Aboriginal tradition, according to the views of the people regarded by the members of the relevant group as
having authority to state the traditional significance of the resource; or
(b) the community or group of Aboriginal people for which the application is made will be on the park to prepare a
claim or management plan for the park under the Aboriginal Land Act 1991.
(2) This section does not apply to a seed or another part of a vulnerable, near threatened or least concern plant.
(3) In this section—
relevant group, for an Aboriginal tradition authority, means the group the corporation named in the application for the authority represents.
relevant national park means a national park other than a special management area (controlled action) to allow
activities of the type, or for the purpose, stated in section 17(1A)(a) of the Act.
Island Custom authority
Nature Conservation (Protected Areas Management) Regulation 2017
s40 Additional matters to be considered
In considering an application for an Island custom authority for a cultural or natural resource of a protected area, the chief executive must have regard to—
(a) any advice given by the corporation named in the application for the authority on the significance, under Island custom, of the activity the subject of the application; and
(b) whether there is a reasonable alternative to taking, keeping, using or interfering with the resource; and
(c) the extent to which the activity will interfere with the public use of the protected area, or the part of a protected area, to which the authority applies.
Island Custom authority
Nature Conservation (Protected Areas Management) Regulation 2017
s41 Restriction about persons to whom authority may be granted
(1) The chief executive may grant an Island custom authority for a protected area, or a part of a protected area, only to a corporation that—
(a) represents a community or group of Torres Strait Islanders particularly concerned with land within the
area or part; and
(b) has consulted with, and considered the views of, Torres Strait Islander people particularly concerned with land
within the area or part; and
(c) is satisfied the way the activity to be conducted under the authority will be conducted is consistent with Island
custom.
(2) Also, the chief executive may grant an Island custom authority to the corporation only if the corporation has an office in the State.
Island Custom authority
Nature Conservation (Protected Areas Management) Regulation 2017
s42 Additional restriction about circumstances under which authority may be granted for particular national parks
(1) The chief executive may grant an Island custom authority for a natural resource of a relevant national park only if the chief executive is satisfied—
(a) the purpose for which the resource is to be taken, kept, used or interfered with is of particular significance under Island custom, according to the views of the people regarded by the members of the relevant group as having authority to state the customary significance of the resource; or
(b) the community or group of Torres Strait Islanders for which the application is made will be on the park to prepare a claim or management plan for the park under the Torres Strait Islander Land Act 1991.
(2) This section does not apply to a seed or another part of a vulnerable, near threatened or least concern plant.
(3) In this section—
relevant group, for an Island custom authority, means the group that the corporation named in the application for theauthority represents.
relevant national park means a national park other than a special management area (controlled action) to allow
activities of the type, or for the purpose, stated in section 17(1A)(a) of the Act.
Aboriginal Tradition and Island Custom authority
Nature Conservation (Protected Areas Management) Regulation 2017
s49 Additional matters to be considered
In considering an application for an activity permit for a protected area, the chief executive must have regard to each of the following—
(a) the impact the activities that may be conducted under the authority may have on the character and amenity of
the area and adjacent areas;
(b) the likely cumulative effect of the proposed use and other uses on the area;
(c) the orderly and proper management of the area.
Aboriginal Tradition and Island Custom authority
Nature Conservation (Protected Areas Management) Regulation 2017
s50 Permit must be consistent with management principles and management intent or plan
The chief executive can not grant an activity permit for a protected area that is inconsistent with—
(a) the management principles for the area; or
(b) the interim or declared management intent, or management plan, for the area.
For further information please refer to the Nature Conservation (Administration) Regulation 2017 and Nature Conservation (Protected Areas Management) Regulation 2017.