= & Al ky ee y Ml Queensland Land Protection Legislation (Flying-fox Control) Amendment Bill 2012 Land Protection Legislation (Flying-fox Queensland Control) Amendment Bill 2012 Contents Part 1 Part 2 Preliminary Short title ..... Amendment of Land Protection (Pest and Stock Route Management) Act 2002 Act amended .. Insertion of new ch 2, pt 11.1... eee eee Amendment of sch 3 (Dictionary).....................000. Amendment of Nature Conservation Act 1992 Act amended .. Omission of s 88C (Restrictions relating to flying-foxes and flying-fox roosts) A Bill for An Act to amend the Land Protection (Pest and Stock Route Management) Act 2002 and the Nature Conservation Act 1992 to control the health risks posed by flying-foxes Clause Clause Clause Land Protection Legislation (Flying-fox Control) Amendment Bill 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Land Protection Legislation (Flying-fox Control) Amendment Act 2012. Part 2 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 2 Act amended This part amends the Land Protection (Pest and Stock Route Management) Act 2002. 3 Insertion of new ch 2, pt 11 After section 96— insert— 'Part 11 Control of flying-foxes '96A Definitions for pt 11 In this part— drive away, a flying-fox, includes— Page 4 oN 11 1317 Land Protection Legislation (Flying-fox Control) Amendment Bill 2012 Part 2 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 [s 3] (a) cause the flying-fox to move away from a flying-fox roost; and (b) if the flying-fox has moved away from a flying-fox roost, deter the flying-fox from returning to the roost. Examples of ways of driving away a flying-fox— using sound, light, smoke, electric current or chemicals Slying-fox means a mammal of the genus Pteropus. flying-fox roost means a tree or other place where flying-foxes congregate from time to time for breeding or rearing their young. '96B_ Relationship with other provisions of this Act and other Acts (1) This section applies despite— (a) any other provision of this Act; or (b) any other Act, including, for example, a regulation or conservation plan under the Nature Conservation Act 1992. (2) To remove any doubt, it is declared that this section does not create an obligation on a landowner under another provision of this Act. Example— This section does not make a landowner responsible to keep land free of flying-foxes under section 77 of this Act. '96C Control of flying-foxes (1) This section applies if a landowner in a local government area reasonably believes that the removal or destruction of a flying-fox is necessary to reduce the risk of disease or harm to a resident of the local government area or stock in the local government area. (2) A landowner may do any of the following on the owner's land— Page 5 FPowmna NY DUN PW Ne 14 161923 262831 Land Protection Legislation (Flying-fox Control) Amendment Bill 2012 Part 2 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 [s 4] Clause 4 Page 6 (a) destroy a flying-fox; (b) disturb or drive away a flying-fox; (c) destroy or disturb a flying-fox roost. (3) If the landowner is a local government, the local government must consider the following issues in deciding whether action under subsection (2) is necessary— (a) the size of the population of flying-foxes in the local government area; (b) how long the flying-foxes have been situated in the local government area; (c) the level of risk associated with the location of the flying-foxes. Example for paragraph (c)— A flying-fox roost located near a school playground has a higher level of risk than a flying-fox roost located outside a town area. (4) The Minister may direct a local government to take action under subsection (2) if— (a) _ the local government has decided not to take the action; and (b) the Minister considers the action is appropriate having regard to subsection (3). Note— Taking action under this section may require an approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth),. Amendment of sch 3 (Dictionary) (1) Schedule 3, definition animal— omit, insert— 'animal— CON ANB WN 12 15 17 19 21 2427 29 Land Protection Legislation (Flying-fox Control) Amendment Bill 2012 (a) (b) (c) (2) Sched Part 3 Amendment of Nature Conservation Act 1992 [s 5] means a member of the animal kingdom other than a human or a protected animal under the Nature Conservation Act 1992; and includes the whole or any part of the progeny, larvae, pupae, eggs or genetic or reproductive material of the animal; and despite paragraph (a), includes a flying-fox.'. ule 3— insert— 'flying-fox see section 96A.' Part 3 Amendment of Nature Conservation Act 1992 Clause 5 Act amended This part amends the Nature Conservation Act 1992. Clause 6 Omission of s 88C (Restrictions relating to flying-foxes and flying-fox roosts) Section 88C— omit. Page 7 om N ANF WNe — So 12 14 16 18