Commercial activities

What areas are covered by this section?
What is a commercial activity?
Benefits of commercial tours
When is a tour commercial?
What are commercial activity permits?
Joint permitting arrangements for State forests
Commercial filming and photography
Application forms
Operational policies
Information sheets

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What areas are covered by this section?

The information provided in this section only relates to activities that lie within the jurisdiction of the Nature Conservation Act 1992, Recreation Areas Management Act 2006, Forestry Act 1959 and Brisbane Forest Park Act. For marine parks matters, refer to the Marine Parks and Marine permits and approvals sections.

What is a commercial activity?

Any activity that is conducted for gain is considered a commercial activity and can be conducted only under a permit or agreement. Commercial activities on parks are managed to ensure minimal environmental impact and the delivery of high-quality visitor services. In some areas the number of permits is limited to protect the environment and visitor experiences. Examples of commercial activities include:

the hire or sale of goods or services
supplying services or facilities
commercial photography and filming
undertaking a guided tour, safari, scenic flight, cruise or excursion
advertising or promoting the use of a protected area or recreation area as part of a tour, safari, scenic flight, cruise or excursion
advertising or promoting the use of a protected area or recreation area as a feature associated with a resort or tourist facility

In managing commercial activities on the department estate the department will be guided by:

the requirements of the Nature Conservation Act 1992, Recreation Areas Management Act 2006, Forestry Act 1959, and Brisbane Forest Park Act 1977
principles of fairness, equitable treatment, good service and accountability to commercial operator clients
public service financial accountability
the need to recover Service costs associated with commercial activities; and protection of visitor amenity and public safety.

Benefits of commercial tours

department managed areas are key features of many commercial tour operations, catering for domestic and international visitors. Commercial operations play a valuable role in providing access to these areas and in increasing public enjoyment and appreciation of them.

Visitor experiences and the environmental and cultural integrity of protected areas can be degraded by excessive visitor numbers, inappropriate visitor behaviour, or inappropriate activities. Visitor safety is also a concern, particularly for tours offering adventure activities.

Challenges in managing commercial operations include the potential for impacts on visitor amenity, visitor safety, site values, loss of revenue and non-compliance with permit conditions. By working together we can balance the needs of commercial tourism with conservation of these special parks and forests.

When is a tour commercial?

A tour is a commercial activity when, for financial gain or other consideration, the person or organisation conducting the tour does any of the following on department managed areas:

provides logistical support other than transport (for example, equipment, food or catering)
provides guidance or instruction to visitors on national park use and appreciation
promotes use of a national park as part of the tour
provides transport to or within a national park as a component of the tour.

Except where any of the above criteria apply, the following activities may not be regarded as commercial activities:

transport services operating on a regular schedule, such as buses and ferries providing public transport
non-profit activities conducted or led for members of a community group by other unpaid group members. In certain circumstances, a group activity permit may be required.

A commercial activity permit or agreement is required regardless of the nature of the tour or activity. Where these are required there is no capacity to waive fees or provide concessions for educational tours. Approved educational tour groups visiting recreation areas may be eligible for a reduction in daily tour operator fees. Commercial tours must be in keeping with the management principles of the protected area and other department managed areas. Tours are permitted only where advantages to department managed areas and the public outweigh any potential disturbance or damage. Activities that would cause substantial damage to the natural or cultural heritage of department managed area will not be permitted.

What are commercial activity permits?

Commercial activity permits are issued for activities within national parks, State forests and recreation areas and can authorise multiple trips over an extended period from three months to three years. Generally, these permits are issued to operators who wish to operate a continuing business. Three-month commercial activity permits are for applicants who operate a one-off tour or short-term business, or for a group from overseas that is operating only for a short time. Issuing such a permit does not convey any commitment by the department to allow continuing tour operations.

A tour company will generally require only one permit to cover its operations on department managed areas throughout the state, with the exception of marine parks. Where a proposed commercial tour incorporates a State forest, protected area, or a recreation area and a marine park, a separate marine park permit is required for the marine park component of the tour. Some exceptions occur where a marine park permit may cover national park islands within the Great Barrier Reef Marine Park. See Marine park permits for more details.

Joint permitting arrangements for State forests

State plantation forests represent some 300,000 hectares of Queensland's 3.2 million-hectare State forest estate, comprised of plantation areas and areas of native forest that are retained within the estate for protection and conservation purposes. The responsibility for visitor management on State plantation forests rests with Forestry Plantations Queensland (FPQ) and this may have an impact on the approval process for your proposed activity.

Therefore, it is recommended that, prior to lodging an application, you should contact the Ranger-in-Charge of the relevant the department office to discuss your proposal.

Should you wish to make an enquiry, contact numbers can be located in the Contact us and Useful contacts sections of this handbook.

For activities taking place solely in State plantation forests, please contact the following office:

Forestry Plantation Queensland
Permit Assessment
Red Road
BEERBURRUM QLD 4517
Ph: (07) 5438 6637 Fax:(07) 5496 0173
Website: www.fpq.net.au

State forests and State plantation forests

If you wish to conduct a single activity in a State forest managed by the department and a State plantation forest managed by FPQ, the following points will apply:

A single application is required.
A single set of fees will apply.
A single administrative agency for processing your application will be determined depending on where the majority of your activity occurs. For example if a commercial mountain bike tour primarily uses State plantation land, but also makes use of a State forest park picnic area (managed by EPA), FPQ will be the administering agency.
All application forms and fees should be submitted to the administering agency.
The administering agency will issue the permit over both FPQ and the department land.

State forests and protected areas

If your application covers both a State forest and a department managed area (e.g. a national park), a separate permit will be issued by the EPA under the Nature Conservation (Protected Area Management Regulation) 2006. A single application and single set of fees will apply.

Commercial filming and photography

Commercial filming and photography activities range from a person seeking a spectacular calendar image to a wildlife documentary crew transmitting live via satellite.

Commercial filming and photography in department managed areas is deemed a commercial activity - an activity conducted for gain - and requires a permit and the payment of fees.

The sliding scale of fees for commercial filming/photography in department managed areas means that small operators least likely to damage the environment pay lower fees, while larger-scale productions pay higher fees. Both contribute to management of the area from which they benefit.

A commercial activity permit for commercial filming/photography in a department managed area can be issued for a period from one day to three years. Large-scale film productions may be asked to enter into a commercial activity agreement where fees and conditions can be negotiated. See section on commercial agreements for more details.