General permit matters
- Types of fees
- What is Ecoaccess?
- Pre-design conference service
- Insurance and indemnity requirements
- Applying for a permit
- Processing timeframes
- Payment methods
- How is a decision made?
- What is a level 1 permit?
- What names can be entered on permits?
- Lodging your returns
- Permit continuations
- Amending your permit
- Internal reviews about decisions
- Appeals against a decision
- More information
Types of fees
Fees are charged for commercial activities to help the department meet direct and indirect costs in making resources and facilities available to commercial tour operators.
Fees relating to commercial activity permits for national parks, State forests and recreation areas are:
- Application fee, which must be paid when an application is lodged. This fee is charged to defray the costs involved in administering and assessing the application. It is not refunded if the application is unsuccessful.
- Permit fee, which is usually paid in advance for the period of the permit to defray continuing administrative costs (such as processing of monthly returns). For commercial filming and photography this fee is charged per person for each day the activity is run under the permit.
- Daily fees,which are charged to defray park management costs such as providing, maintaining and upgrading services and facilities. They are charged on a per-client basis. (Larger operations contribute more). The fee rate payable depends on the total length of time spent on the department-managed area. Daily fees are payable when a daily passenger return for activities is lodged. Depending on the option selected on your application form, these returns and fees payable must be lodged either within 30 days of the end of each month or quarter. Daily fees are not charged under commercial filming and photography permits. In recreation areas, approved educational tour groups may be eligible for a daily fee reduction. A separate application is required
- Camping fees, which are charged in addition to daily fees, for each client 5 years or older for each night camped under the permit holder.
Fees relating to commercial tourist programs in the GBR Coast Marine Park are:
- Application fee, which must be paid when an application is lodged. This fee is charged to defray the costs involved in administering and assessing the application. A sliding scale is applied depending on the size of the operation, if a structure or facility is used and if a public notice or Environmental Impact Statement (EIS) is required. This fee is not refundable if the application is unsuccessful.
Fees relating to other marine parks for commercial whale watching only are:
- Application fee, which must be paid when an application is lodged. A sliding scale is used depending on the vessel length. (Larger operations contribute more). This fee is not refunded if the application is unsuccessful.
- Daily fees, which are charged to defray park management costs. They are charged on a per-client basis and paid when a monthly return for activities is lodged. These returns and fees payable must be lodged within the timeframe stated on your permit.
Application forms list the fees relevant for the particular permit and these fees must be paid at the time of lodging an application. For current fee schedules see List of fees and charges or visit www.legislation.qld.gov.au and search under the relevant legislation.
What is Ecoaccess?
The department has redesigned the way it handles environmental licences and permits. This approach is called Ecoaccess.
Ecoaccess benefits include:
- consistent, high-quality advice
- timely and transparent decision-making
- streamlined access to information across the department.
Ecoaccess makes it easy for customers to do business with the department by offering a range of new and improved customer support services, including a Statewide Ecoaccess Customer Service Unit on 1300 368 326 for all your licensing and permitting enquiries.
If you are planning a project or activity that could impact on the environment, it is important to first determine whether you will need a licence or permit. If you need the department to make a decision that has significant environmental risks, often involving multiple licences or permits, you will be encouraged to participate in a pre-lodgement process.
Contacting the Ecoaccess Customer Service Unit
Phone 1300 368 326
or e-mail eco.access@epa.qld.gov.au
Application forms
Application form: Applicant suitability questionnaire
Application form: Joint applicant details
Application form: Pre-design conferencing application
Information sheets
Information sheet: Pre-design conferencing fact sheet
Pre-design conference service
The department offers a pre-design conference service for projects that may include issues requiring a high level of assessment. This service includes meeting with a departmental project manager to discuss all the information requirements to be provided with your application. For joint marine park permits you should also contact the Great Barrier Reef Marine Park Authority (GBRMPA) to discuss your permit application.
For more details, read the Pre-design conference fact sheet.
This service can be initiated by contacting the Ecoaccess Customer Service Unit on 1300 368 326 or by email at eco.access@epa.qld.gov.au or completing a Pre-design conference application form. If a pre-design conference is required to discuss your application in more detail, a departmental officer will contact you directly.
Insurance and indemnity requirements
To obtain a commercial activity permit or agreement for an activity on a national park, conservation park, resource reserve, marine park, recreation area, State forest, forest reserve or timber reserve, you may be required to have public liability insurance sufficient to cover any liabilities that may reasonably be expected to arise in using the permit.
To comply with the conditions of your permit, your insurance policy must provide at least the minimum public liability cover specified for the activity covered by the permit, for:
- the death of or injury to any person
- the loss of or damage to any property (including any area controlled by EPA).
Permits conditions will include the public liability insurance declaration and the indemnity, release and discharge.
An authorised representative of your organisation will also be asked to complete a statement confirming that you have read and understood the public liability, indemnity, release and discharge requirements of the department and agree to comply with and be bound by the conditions.
The minimum level of public liability cover required is $10 million for any single event.
The department may check to ensure all permit conditions, including the requirements for public liability insurance, are being complied with. If you do not comply with any of the permit conditions your permit could be suspended or cancelled and you could be prosecuted.
If you wish to clarify any of this information you should discuss it with an appropriate the department officer at the office at which your application is being processed.
Operational policies
Operation policy: Insurance and indemnity requirements for the department authorities
Information sheets
Information sheet: the department standards for insurance and indemnity
Conditions
Conditions: the department standard indemnity and insurance clauses
Applying for a permit
An application form can be obtained by contacting the Ecoaccess Customer Service Unit (ECSU) of the department on 1300 368 326 or downloading the form from this site. In making an application, applicants are responsible for:
- completing the application form and attachments listed below
- lodging the application (with attachments) and appropriate fees.
Required attachments to applications include:
- The names of all parks and/or forests and/or recreation areas and the sites in each of those areas in which the applicant wishes to conduct commercial activities.
- A detailed outline of all intended activities in each area and site, e.g. guided walks, morning/afternoon tea in day-use areas, camping, bush camping, rockclimbing, abseiling, etc. Additional pages may need to be attached to the application to provide this information.
- Copies of any brochures and advertising matter (or draft layout of intended brochures or advertising matter), if available at time of application. Applicants are encouraged to provide draft layouts at the application stage as the department comments may help prevent misleading or outdated information being published and costly reproduction charges .
Application forms
Application form: Permit to conduct commercial activity/activities
Application form: Permit to conduct commercial filming/photography
Processing timeframes
Here is a guide to the time taken to process a permit:
- Any service requirement for further information or adjustment of fees will be advised within 20 business days of the receipt of the application.
- Applicants will be informed of a decision within 40 business days of the receipt of a complete application.
- Where an activity or site applied for requires extensive assessment and/or consultation with affected third parties, the applicant will be notified of this within 20 business days of a complete application being received, and a decision will be made within 80 business days.
To avoid delays we advise that completed application forms and all necessary documentation is submitted well in advance of the date you plan to start operations and considering the above timeframes for processing.
Payment methods
Four payment methods are available when submitting applications for commercial activity permits and commercial agreements or when lodging daily returns. Fees can be paid by cheque, money order, credit card or cash at the department Customer Service Centre, 160 Ann Street, Brisbane.
Should you wish to pay by credit card please complete the credit card payment authorisation form and return with your application or returns.
Other forms
Authorisation: Credit card payment
How is a decision made?
An application for a permit to conduct a commercial tour in a department managed area will only be granted following an assessment of the likely issues and impacts associated with the activity, and only when impacts are deemed to be within acceptable limits.
Each application received is assessed under criteria set out by the relevant legislation. If an application covers more then one type of land tenure such as a national park, State forest or recreation area the application will be assessed against each relevant legislation assessment criteria. Issues that are taken into account include, but are not limited to:
Nature Conservation (Administration) Regulation 2006 and Nature Conservation (Protected Areas Management) Regulation 2006:
- The management principles for the area.
- The interim or declared management intent, or management plan, for the area.
- Conservation of the cultural or natural resources of a protected area or native wildlife.
- The effect on the fair and equitable access to nature.
- The ecologically sustainable use of protected areas or wildlife.
- Any contribution the applicant proposes to make to the conservation of nature.
- Any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement.
- The precautionary principle.
- Public health and safety.
- The public interest.
- If the applicant is a suitable person to hold a permit.
- Any recovery plan for wildlife.
- The desires of the Traditional Owners.
- The character and amenity of the area and adjacent areas.
- The likely cumulative effect of the proposed use and other uses on the area.
- The orderly and proper management of the area.
Forestry Act 1959:
- The benefits of permitting grazing in the area.
- The desirability of conservation of soil and the environment and of protection of water quality.
- The possibility of applying the area to recreational purposes.
- If application is consistent with any existing permit, license, lease, other authority, or agreement or contract in respect of the same land.
Recreation Areas Management Act 2006:
- The purpose of this Act.
- The management intent for the recreation area, and the area's current draft or approved management plan.
- Conservation of the area's cultural and natural resources.
- The amenity of the area and adjacent areas.
- The size, extent and location of the proposed use in relation to other uses of the area or adjacent areas.
- The likely cumulative effect of the proposed use and other uses on the area.
- Public health and safety.
- Any relevant Australian or international code, instrument, protocol or standard or any relevant intergovernmental agreement.
- The requirements mentioned in section 50.
- Whether there are any grounds for refusing the application.
These are not exhaustive lists and potential applicants should familiarise themselves with the information contained in the application form. See the marine park permits section for details on assessment criteria for State marine parks.
What is a level 1 permit?
A level 1 permit refers to an activity at a particular location that has been assessed and standard conditions set. If an application is received for an activity and location and meets all the level 1 requirements no further assessment is required and Ecoaccess can process the application and issue a permit. If an application is outside these requirements, the application will require level 2 assessment and be forwarded to a permit processing office responsible for that particular park, for final assessment before a permit can be issued.
Level 1 permits for commercial activities are currently being set up.
What names can be entered on permits?
Licences and permits issued by the department must be issued only in the name of what is termed a "legal entity".
A legal entity may be:
- a sole trader/individual
- a company
- a local government
- the State of Queensland acting through a government department
- a body corporate
- an incorporated association.
A legal entity may trade under one or more trading names. The trading name/s of the legal entity should be stated on the licence as well as the name of the legal entity. In some cases this may mean listing as many as 10 trading names on a licence. For more details see the operational policy: Name/s to be entered on licences.
Operational policies
Operational policy: Name/s to be entered on licences, permits and other authorities
Lodging your returns
For each activity conducted under a commercial activity permit, a return of operations must be completed and lodged to the department Office stated on the information notice. Returns can be lodged using a manual record book or approved electronic record system with the scheduled fees paid at time of lodgement.
There is a choice for frequency of returns for commercial tour operators. Returns can be paid monthly or quarterly, and these options are highlighted for you on the application form.
Information for a return of operations must include:
- the description of the activity
- sites visited or used for conducting the activity
- for filming or photography - the number of people who took part in the activity
- other than filming or photography - the number of clients who took part in the activity
- if camping is conducted - the number of people camping.
When lodging returns, the operator must ensure the information included in the return is on the approved form (manual or electronic) and is:
- complete and accurate; and for manual returns:
- legible
- in ink.
Copies of return of operations must be kept for 2 years after the person stops carrying out the activity, at the place of business of the permit holder, or the licensed premises for the relevant authority for which it is given. A written notice must be given if any return of operations are stolen, lost, destroyed or damaged in this period. Penalties apply for failing to comply with the return of operations requirements.
Permit continuations
In the past when a permit was due to expire the permit holder would apply for a permit renewal. The way permit renewals are handled has changed with the commencement of new legislation.
Permits are now reapplied for on the standard application form. There is a reduced application fee if the permit is a commercial activity permit (excluding filming and photography permits) and is the same or substantially the same as a previous commercial activity permit held by the applicant in the previous three months. In effect this is similar to the previous process, although it is not termed a permit renewal.
Amending your permit
Permits authorising various activities in department managed areas can be amended. Permit holders often ask the department to amend the personal, business or contact details on permits, and to amend permit terms and conditions. Substantial changes to the permits may not be considered an amendment and a new permit application fee may apply.
The chief executive of the department may also make amendments to permits, generally for safety, conservation or estate management reasons.
department managed areas include:
- recreation areas under the Recreation Areas Management Act 2006
- State forests, forest reserves and other lands managed under the Forestry Act 1959
- protected areas (State land) under the Nature Conservation Act 1992
- marine parks under the Marine Parks Act 2004
- Brisbane Forest Park, managed under the Brisbane Forest Park Act 1977.
Application forms
Application form: Application to amend permit for department managed area
Forms: Credit card payment
Operational policies
Operational policy: Amendment of permits for department managed areas
Information sheets
Information sheet: Amendment of permits for department managed areas
Information sheet: Tourism and visitor management permit update
Transferring permits
Commercial activity permits cannot be transferred. If an enterprise holding a permit is sold, the new owner must obtain a new commercial activity permit to carry out activities on a department managed area.
Internal reviews about decisions
Applicants aggrieved by decisions in relation to applications for commercial tours have certain appeal rights under Queensland legislation. Every appeal against an appellable decision must be, in the first instance, by way of an application for internal review.
Applying for an internal review
To apply against an appellable decision an application for internal review must be on the approved form and:
- submitted within 20 days for decisions made under the Nature Conservation (Administration) Regulation 2006 (NCA Reg) or 28 days for decisions made under the Marine Parks Regulation 2006 (MP Reg) and Recreation Areas Management Act 2006 (RAM Act) after the information notice is given; and
- include supporting information or documents to enable a decision to be made about the application.
Internal reviews do not apply to appellable decisions made by the chief executive of the department.
Reviewing the decision
Applications for an internal review will be handled by a more senior person not involved in the original appellable decision. A review decision regarding the internal review will be made within 20 days (NCA Reg) or 28 days (MP Act and RAM Act) after receiving the application and:
- confirm the appellable decision; or
- amend the appellable decision; or
- substitute another decision for the appellable decision.
Within 14 days after a review decision is made the applicant will be given notice (the review notice) of the of the review decision.
The review notice will state:
- the reasons for the review decision; and
- that the applicant may, within 28 days after a review notice is given, appeal against the review decision to a magistrates court; and
- how to appeal.
Appeals against a decision
Decisions made by the department under the Nature Conservation Act 1992, Forestry Act 1959, Recreation Areas Management Act 2006 and the Marine Parks Act 2004, including decisions relating to permits or other authorities, can be reviewed under the Judicial Review Act 1991.
Under this Act a person who is dissatisfied by:
- a decision to which the Act applies;
- the conduct of a person who has engaged, is engaging or proposes to engage in conduct for the purpose of making a decision to which the Act applies; or
- failure to make a decision to which the Act applies;
may apply to the court for a statutory order of review in relation to the decision, conduct, or failure to make a decision. Refer to the Judicial Review Act 1991 for further information.
An applicant for a commercial tour permit for a protected area may also appeal against certain decisions of the chief executive by filing a written notice of appeal at a magistrates court. Decisions subject to appeal include:
- decisions to impose a condition on a permit
- decisions to amend a condition of a permit
- decisions to refuse to amend a condition of a permit
- decisions to suspend or cancel a permit
- decisions to refuse to renew a permit
- decisions to refuse to replace a permit.
Refer to the Nature Conservation (Administration) Regulation 2006, sections 103 to 108, Recreation Areas Management Act 2006, sections 210 to 215, or Marine Parks Regulation 2006, sections 151 to 157, for further information.
Information sheets
Information sheet: Review of decisions under the Judicial Review Act.
More information
This information is a guide only. If you wish to conduct a commercial activity on any department managed area you should familiarise yourself with the legislation under which that area is managed. Some legislation administrated by the department includes the Nature Conservation Act 1992, Recreation Areas Management Act 2006, Forestry Act 1959 and Marine Parks Act 2004 and other subordinate legislation.
Last updated: 24 October 2008