Nature Conservation (Estuarine Crocodile) Conservation Plan 2018

This conservation plan may be cited as the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018.

Section 121(2) of the Act does not apply to this plan.

The purposes of this plan are to—

conserve viable populations of estuarine crocodiles in the wild; and

protect humans from problem crocodiles; and

prevent the loss of aquaculture fisheries resources, stock and working dogs from problem crocodile attacks; and

ensure the commercial use of estuarine crocodiles is ecologically sustainable.

The dictionary in schedule 1 defines particular terms used in this plan.

Subject to subsection (1), and unless this plan provides otherwise, terms used in this plan have the same meaning as they have in the Nature Conservation (Animals) Regulation 2020.

An estuarine crocodile in the wild is a problem crocodile if the chief executive considers the crocodile is, or is likely to become, a danger to humans.

Also, an estuarine crocodile in the wild is a problem crocodile if—

the crocodile has passed over, through or under a crocodile prevention barrier on land, other than land in a protected area, on which aquaculture fisheries resources, stock or a working dog normally live; and

the chief executive considers the crocodile is, or is likely to become, a danger to the aquaculture fisheries resources, stock or working dog.

Without limiting subsection (1), the chief executive may consider an estuarine crocodile is, or is likely to become, a danger to humans if—

the crocodile has attacked, is about to attack, or is behaving aggressively towards, a person; or

the chief executive reasonably believes the nature of the crocodile’s location or behaviour makes the crocodile a threat, or a potential threat, to the safety or wellbeing of humans.

Example for paragraph (b)—

An estuarine crocodile is in an urban area, or a public area commonly used by persons for recreation and in which estuarine crocodiles do not normally live, and has been in the area for an extended period or is frequently in the area.

Without limiting subsection (2)(b), the chief executive may consider an estuarine crocodile is, or is likely to become, a danger to aquaculture fisheries resources, stock or a working dog if the crocodile has attacked, is about to attack, or is behaving aggressively towards, the aquaculture fisheries resources, stock or working dog.

In this section—

crocodile prevention barrier means a barrier that is reasonably likely to prevent crocodiles from passing over, through or under it.

The chief executive may establish a scheme for giving problem crocodiles to eligible Queensland crocodile keepers.

The chief executive must ensure the scheme—

gives all Queensland crocodile keepers the same opportunity to become eligible to obtain a problem crocodile under the scheme; and

allows a Queensland crocodile keeper to become eligible to obtain a problem crocodile under the scheme only if the keeper—

intends to use problem crocodiles under a Queensland crocodile licence mainly for breeding or for displaying the crocodiles to the public; and

has appropriate experience in keeping and using estuarine crocodiles in a way that complies with the Act; and

has appropriate facilities for keeping and using estuarine crocodiles; and

if the keeper intends to display the crocodile under a Queensland crocodile licence—displays the crocodile for an approved display purpose and has a facility to display the crocodile in a way that complies with the Act; and

allows a Queensland crocodile keeper to become eligible to obtain an icon crocodile under the scheme only if the keeper is prepared to enter into an icon crocodile agreement for the crocodile; and

provides for giving problem crocodiles to eligible Queensland crocodile keepers in a way that ensures the keepers have equitable access to problem crocodiles.

Examples for paragraph (d)—

• a system under which each eligible Queensland crocodile keeper has a turn at obtaining a problem crocodile

• using an expression of interest process

The chief executive must ensure a document containing the details of the scheme is available for public inspection, free of charge, during office hours on business days, at—

the central office of the department; and

each regional office of the department.

The chief executive may grant, with or without conditions, a crocodile management authority to—

an approved person; or

a prescribed officer who is not a conservation officer.

This section applies to a crocodile management authority granted to an approved person.

The approved person may, before the authority is granted, ask the chief executive to grant the authority to authorise the approved person and an employee of the approved person to act under the authority.

The chief executive may grant the authority to the approved person in a way that also authorises the employee to act under the authority if the chief executive is satisfied the employee is an approved person.

The chief executive grants the authority in a way that also authorises the employee to act under the authority if the chief executive writes the employee’s name on the authority.

This section applies to a crocodile management authority granted to an approved person.

The holder of the crocodile management authority may ask the chief executive to amend the authority to—

authorise an employee of the holder to act under the authority; or

remove the authority of an employee, or former employee, who is authorised to act under the authority.

The chief executive may amend the authority in the way requested by the holder.

The chief executive amends the authority in a way that authorises the employee to act under the authority if the chief executive writes the employee’s name on the authority.

The chief executive amends the authority in a way that removes the authority of the employee or former employee to act under the authority if the chief executive removes the name of the employee or former employee from the authority.

The maximum term for a crocodile management authority is—

for a crocodile management authority granted to an approved person—2 years; or

for a crocodile management authority granted to a prescribed officer—3 years.

This section applies if the holder of a crocodile management authority is an approved person.

The holder, or an employee of the holder authorised to act under the authority, may catch an estuarine crocodile under the authority, in the way stated on the authority, if the chief executive has given the holder a written notice identifying the crocodile as a problem crocodile.

This section applies if the holder of a crocodile management authority is a prescribed officer.

The holder may—

catch an estuarine crocodile under the authority, in the way stated on the authority, if the chief executive has given the holder a written notice identifying the crocodile as a problem crocodile; and

after catching the crocodile, deal with the crocodile—

in the way stated on the authority; or

if the notice mentioned in paragraph (a) states a different way for dealing with the crocodile—in the way stated in the notice.

Also, if the notice mentioned in subsection (2)(a) states the holder may euthanase the crocodile identified in the notice in a stated way, the holder may, under the authority, euthanase the crocodile in the stated way.

The chief executive may give a notice stating the crocodile may be euthanased in a stated way only if the chief executive is satisfied it is necessary to euthanase the crocodile in the circumstances.

Example of when chief executive may be satisfied for subsection (4)—

the crocodile is in a remote location and has attacked, or is about to attack, a person