There has been much debate in the community about the impact of different parts of the Nature Conservation Act on the management of the Great Sandy National Park and the proposed Cooloola Great Walk eco-tourism project. In order to get some clarity regarding, we have collated information researched as a Q&A.
What are the objectives of the Nature Conservation Act?
The Nature Conservation Act 1992 covers national parks, conservation parks, and wildlife reserves. The overarching objectives of the Act are set out in section 4 of the Act:
The object of this Act is the conservation of nature while allowing for the involvement of indigenous people in the management of protected areas in which they have an interest under Aboriginal tradition or Island custom.
With the definition of conservation provided in section 9:
Conservation is the protection and maintenance of nature while allowing for its ecologically sustainable use.
The meaning of ecologically sustainable use is in section 11:
Ensuring that the benefit of the use to present generations does not diminish the potential to meet the needs and aspirations of future generations.
How has it changed over the last decade?
Prior to 2012 the objective of the Nature Conservation Act governing national parks was:
The object of this Act is the conservation of nature.
(source, 2011 Act version of the Act https://www.legislation.qld.gov.au/view/html/inforce/2011-12-02/act-1992-020).
When the Newman government came into power in 2012, they amended the legislation to provide for an expanded objective for the Act:
The object of this Act is the conservation of nature while allowing for the following—
(a) the involvement of indigenous people in the management of protected areas in which they have an interest under Aboriginal tradition or Island custom;
(b) the use and enjoyment of protected areas by the community;
(c) the social, cultural and commercial use of protected areas in a way consistent with the natural and cultural and other values of the areas.
(source, 2013 version of the Act, https://www.legislation.qld.gov.au/view/pdf/inforce/2013-11-07/act-1992-020)
It was then amended by the current Government into its present form (as outlined in the previous question above).
What is the cardinal principle?
Section 17 of the Act contains the management principles for National Parks, and this contains what is referred to as the ‘cardinal principle’.
Section 17 provides that:
(1) A national park is to be managed to—
(a) provide, to the greatest possible extent, for the permanent preservation of the area’s natural condition and the protection of the area’s cultural resources and values; and
it also includes:
(d) provide opportunities for educational and recreational activities in a way consistent with the area’s natural and cultural resources and values
(e) provide opportunities for ecotourism in a way consistent with the area’s natural and cultural resources and values.
In addition, it mentions later in the section that:
(2) The management principle mentioned in subsection (1)(a) is the cardinal principle for the management of national parks.
How has the cardinal principle changed?
In the 2011 version of the Act the management principles were simpler:
(1) A national park is to be managed to—
(a) provide, to the greatest possible extent, for the permanent preservation of the area’s natural condition and the protection of the area’s cultural resources and values; and
(b) present the area’s cultural and natural resources and their values; and
(c) ensure that the only use of the area is nature-based and ecologically sustainable.
(2) The management principle mentioned in subsection (1)(a) is the cardinal principle for the management of national parks.
Prior to the Nature Conservation Act 1992, the following repealed provisions also contained the term cardinal principle in relation to the management of national parks:
- s 25 of the National Parks and Wildlife Act 1975
- s 40 of the Forestry Act 1959.
How does the cardinal principle operate?
The “Cardinal principle” is not defined it the Act, however in its plain English usage it could be expected to mean “chief”, “primary”, or “first”. Thus, preservation of nature is the primary managing principle for national parks, although this has still allowed for the current development in our parks, such as camping sites, toilet blocks, roads, car parks etc, including what has been deemed ‘commercial’ which encompasses government charging permit fees, as well locally, historical permits for Elanda Point, the Noosa National Park kiosk, and activities such as guided walks.
In the second reading speech debate for the introduction of the Act in 1992 it was discussed that the cardinal principle was included to remove conflicting uses from national parks such as animal grazing.
What about eco-tourism in parks?
The current Nature Conservation Act has several references to ecotourism that are not present in the 2011 Act. References to ecotourism are in:
- The management principles in section 17, 21B
- The Chief Executive’s powers in section 35, 42AE, 42AO in relation to leasing land in national parks
Ecotourism is defined in the Dictionary Schedule of the Act as:
tourism that is ecologically sustainable and primarily focused on experiencing an area in a way that fosters understanding, appreciation and conservation of the area and its natural and cultural values.
What would be the effect of repealing these references to ecotourism?
Development of tourism, such as camping sites and toilet facilities, occurred under the Act prior to the ecotourism provisions, as such their removal would not affect the continuing development of tourism buildings including toilet blocks, information centres and kiosks. Cabins could be built under this legislation given that they would be buildings of a similar physical nature to these other buildings in our national parks and the legislation makes no distinction based on the purpose of infrastructure.
The power to provide leases for tourism facilities would be removed, however leasing is not the only model for these types of eco-tourism facilities. The State could provide the accommodation, as occurs in Victoria. In summary, under Act of 2011 prior to the eco-tourism amendments, the Cooloola Great Walk Eco-tourism Project could be implemented with the State purchasing and installing the cabins and contracting a service provider to service them.
How does indigenous involvement occur?
As mentioned above the Objective of the Act is:
the conservation of nature while allowing for the involvement of indigenous people in the management of protected areas in which they have an interest under Aboriginal tradition or Island custom.
In the case of the Cooloola Great Walk Ecotourism Project an Indigenous Land Use Agreement (ILUA) was proposed between the Kabi Kabi Peoples Aboriginal Corporation and the State of Queensland, and has now been finalised, registered and is available at http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2022/021
This is a formal, binding agreement between the State of Queensland and the native title claimants for the land from Wide Bay to Lake Cootharaba for the management of the Cooloola Great Walk Ecotourism Project, thus meeting the objective in the Act for the involvement of indigenous people in the management of protected areas.
What amendments to the Act would be needed to halt ecotourism projects with permanent buildings?
The issue with ecotourism developments is that while taken as a totality they are unique, their individual components are not.
For example, the Act could be amended to ban commercial arrangements in national parks, however this would impact the 488 existing commercial permits in national parks.
The Act could be amended to prohibit new site developments in national parks, however this would also have the effect of prohibiting any new campgrounds being opened or relocated in National Parks.
A prohibition on stand-alone accommodation building could be effective but would have to deal with the fact that some eco-tourism “glamping” type accommodation may resemble tents.
Where can I get more information on the State Government approach to eco-tourism projects?
Implementation Framework Ecotourism facilities on national parks:
https://parks.des.qld.gov.au/__data/assets/pdf_file/0031/156991/ecofacilities-framework.pdf
Best practice development guidelines Ecotourism facilities on national parks:
https://parks.des.qld.gov.au/__data/assets/pdf_file/0022/160177/eoi-best-practice-ecotourism.pdf
Ecotourism Plan for Queensland’s Protected Areas 2023–2028:
https://parks.des.qld.gov.au/__data/assets/pdf_file/0030/309486/ecotourism-plan-2023-28.pdf
Has the Auditor-General completed a report on ecotourism in Queensland?
Yes, it is available here:
https://www.qao.qld.gov.au/reports-resources/reports-parliament/growing-ecotourism-queensland
Where to now?
There have been many suggestions on Facebook and elsewhere to stop commercial developments in national parks, and as discussed above this may not be an effective approach to address issues. We have requested proposals from the community for suitable amendments to address community concerns including taking into account indigenous endeavours. Once that has been received, understanding all of the above, we can then put the question to residents of the Noosa electorate for their input.
feedback
This Q&A is based on the analysis of the legislation by our office, if you have feedback on this, we can be contacted at noosa@parliament.qld.gov.au