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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Vegetation Management and
Other Legislation Amendment
Bill 2005
Queensland
Vegetation Management and Other
Legislation Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Vegetation Management Act 1999
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 22 (Declaration for the Planning Act, s 1.3.4) . . 4
4 Amendment of s 74 (Existing development control plans
and special facilities zones) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Insertion of new pt 6, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Division 3 Transitional provisions for Vegetation
Management and Other Legislation
Amendment Act 2005
81 Effect on existing riverine protection permits . . . . . . . 6
82 Validation of particular clearing . . . . . . . . . . . . . . . . . 6
6 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 7
Part 3 Amendment of Integrated Planning Act 1997
7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of sch 8 (Assessable development and
self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 9
2005
A Bill
for
An Act to amend the Vegetation Management Act 1999, and for
other purposes
s1 4 s3
Vegetation Management and Other Legislation
Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Vegetation Management and 4
Other Legislation Amendment Act 2005. 5
Part 2 Amendment of Vegetation 6
Management Act 1999 7
Clause 2 Act amended in pt 2 8
This part amends the Vegetation Management Act 1999. 9
Clause 3 Amendment of s 22 (Declaration for the Planning Act, s 10
1.3.4) 11
(1) Section 22, heading-- 12
omit, insert-- 13
`22 Declarations for the Planning Act'. 14
(2) Section 22-- 15
insert-- 16
`(2) Subsection (3) applies if the chief executive is the assessment 17
manager for a vegetation clearing application and is satisfied 18
there is commercial timber on the land the subject of the 19
application. 20
`(3) The chief executive may refuse the application. 21
`(4) Subsection (5) applies if the chief executive is a concurrence 22
agency for a development application under the Planning Act 23
s4 5 s5
Vegetation Management and Other Legislation
Amendment Bill 2005
and is satisfied there is commercial timber on the land the 1
subject of the application. 2
`(5) Consideration of the application by the chief executive, in 3
relation to the existence of the timber, is taken to be within the 4
limits of the chief executive's jurisdiction for the Planning 5
Act, section 3.3.15.'. 6
Clause 4 Amendment of s 74 (Existing development control plans 7
and special facilities zones) 8
Section 74-- 9
insert-- 10
`(2) Subsection (1)(b) applies to an area only if-- 11
(a) the area continues to be designated as a special facilities 12
zone, or like zone, under the scheme; or 13
(b) the current planning scheme for the area no longer 14
designates the area as a special facilities zone, or like 15
zone, and-- 16
(i) there is, for the area, a development permit granted 17
for a development application (superseded 18
planning scheme) under the Planning Act; or 19
(ii) the development rights conferred by the earlier 20
designation as a special facilities zone, or like 21
zone, have been preserved under the current 22
planning scheme.'. 23
Clause 5 Insertion of new pt 6, div 3 24
After section 80-- 25
insert-- 26
s5 6 s5
Vegetation Management and Other Legislation
Amendment Bill 2005
`Division 3 Transitional provisions for 1
Vegetation Management and Other 2
Legislation Amendment Act 2005 3
`81 Effect on existing riverine protection permits 4
`(1) This section applies to the clearing of vegetation carried out-- 5
(a) after the commencement of this section; and 6
(b) under the authority of a permit-- 7
(i) issued under the Water Act 2000, section 269; and 8
(ii) in force immediately before the commencement of 9
this section; and 10
(c) in a watercourse or lake; and 11
(d) on land other than freehold land. 12
`(2) The clearing is taken to be lawfully carried out under this Act 13
and the Planning Act even if there is, for the clearing, no 14
development permit given for operational work under the 15
Planning Act, schedule 8, part 1, table 4, items 1A to 1G. 16
`82 Validation of particular clearing 17
`(1) This section applies to the clearing of vegetation carried out-- 18
(a) after 20 May 2004 but before the commencement of this 19
section; and 20
(b) to the extent necessary for an activity approved under 21
another Act; and 22
(c) in a watercourse or lake; and 23
(d) on land other than freehold land. 24
`(2) The clearing is taken to have been lawfully carried out under 25
this Act and the Planning Act even if there was, for the 26
clearing, no development permit given for operational work 27
under the Planning Act, schedule 8, part 1, table 4, items 1A 28
to 1G. 29
`(3) In this section-- 30
s6 7 s6
Vegetation Management and Other Legislation
Amendment Bill 2005
activity does not include an activity relating to a development 1
approval under the Planning Act given for a material change 2
of use of premises or the reconfiguration of a lot.'. 3
Clause 6 Amendment of schedule (Dictionary) 4
Schedule-- 5
insert-- 6
`bed and banks-- 7
1 Bed and banks, of a watercourse or lake, means land 8
over which the water of the watercourse or lake 9
normally flows or that is normally covered by the water, 10
whether permanently or intermittently. 11
2 Bed and banks, does not include land adjoining or 12
adjacent to the bed or banks that is from time to time 13
covered by floodwater. 14
commercial timber includes timber of a species prescribed 15
under a regulation for section 70A(3). 16
lake see the Water Act 2000. 17
watercourse-- 18
1 Watercourse means a river, creek or stream in which 19
water flows permanently or intermittently-- 20
(a) in a natural channel, whether artificially improved 21
or not; or 22
(b) in an artificial channel that has changed the course 23
of the watercourse. 24
2 Watercourse includes the bed and banks and any other 25
element of a river, creek or stream confining or 26
containing water.'. 27
s7 8 s8
Vegetation Management and Other Legislation
Amendment Bill 2005
Part 3 Amendment of Integrated 1
Planning Act 1997 2
Clause 7 Act amended in pt 3 3
This part amends the Integrated Planning Act 1997. 4
Clause 8 Amendment of sch 8 (Assessable development and 5
self-assessable development) 6
(1) Schedule 8, part 1, table 4, item 1A(c)-- 7
omit, insert-- 8
`(c) to the extent necessary for building on a lot a single 9
residence, and any reasonably associated building or 10
structure, if the building of the residence-- 11
(i) is building work for which a development permit 12
for a building development application under the 13
Standard Building Regulation has been issued; or 14
(ii) is building work mentioned in part 2, table 1, item 15
1; or 16
(iii) is development to which chapter 5, part 61 applies; 17
or'. 18
(2) Schedule 8, part 1, table 4, items 1B(b) and 1C(b)-- 19
omit, insert-- 20
`(b) to the extent necessary, for building on a lot a single 21
residence, and any reasonably associated building or 22
structure, if the building of the residence-- 23
(i) is building work for which a development permit 24
for a building development application under the 25
Standard Building Regulation has been issued; or 26
(ii) is building work mentioned in part 2, table 1, item 27
1; or 28
1 Chapter 5, part 6 (Public housing)
s9 9 s9
Vegetation Management and Other Legislation
Amendment Bill 2005
(iii) is development to which chapter 5, part 6 applies; 1
or'. 2
Clause 9 Amendment of sch 10 (Dictionary) 3
(1) Schedule 10, definition, watercourse-- 4
omit. 5
(2) Schedule 10-- 6
insert-- 7
`bed and banks-- 8
1 Bed and banks, of a watercourse or lake, for the 9
definition specified activity, means land over which the 10
water of the watercourse or lake normally flows or that 11
is normally covered by the water, whether permanently 12
or intermittently. 13
2 Bed and banks, does not include land adjoining or 14
adjacent to the bed or banks that is from time to time 15
covered by floodwater. 16
lake see the Water Act 2000. 17
watercourse-- 18
1 Watercourse, for schedule 8, part 1, table 4, item 19
5(b)(iv), means a river, creek or stream in which water 20
flows permanently or intermittently-- 21
(a) in a natural channel, whether artificially improved 22
or not; or 23
(b) in an artificial channel that has changed the course 24
of the watercourse. 25
2 Watercourse, for the definition specified activity-- 26
(a) means a river, creek or stream in which water flows 27
permanently or intermittently-- 28
(i) in a natural channel, whether artificially 29
improved or not; or 30
(ii) in an artificial channel that has changed the 31
course of the watercourse; and 32
s9 10 s9
Vegetation Management and Other Legislation
Amendment Bill 2005
(b) includes the bed and banks and any other element 1
of a river, creek or stream confining or containing 2
water.'. 3
(3) Schedule 10, definition quarry material, `item 6'-- 4
omit, insert-- 5
`item 5'. 6
(4) Schedule 10, definition specified activity-- 7
insert-- 8
`(ab) clearing an area of vegetation that is less than 0.125 ha 9
within a watercourse or lake for an activity (other than 10
an activity relating to a material change of use of 11
premises or the reconfiguring of a lot) that is subject to 12
an approval process and is approved under this or 13
another Act if-- 14
(i) the area is shown on a property map of assessable 15
vegetation as a category 3 area, a category 4 area or 16
a category X area; or 17
(ii) for the area, there is no property map of assessable 18
vegetation and the vegetation is a remnant not of 19
concern regional ecosystem or the vegetation is not 20
remnant vegetation; or'. 21
© State of Queensland 2005
AMENDMENTS TO BILL
1
Vegetation Management and Other Legislation
Amendment Bill 2005
Vegetation Management and Other
Legislation Amendment Bill 2005
Amendments agreed to during Consideration
1 Clause 4
At page 5, lines 14 to 23--
omit, insert--
`(b) the current planning scheme for the area no longer
designates the area as a special facilities zone, or like
zone, but there is, for the area and in relation to the
zone--
(i) a development permit that--
(A) was given before the designation ceased; and
(B) has not lapsed; and
(C) is for building work or operational work
under the Planning Act; or
(ii) an acknowledgment notice mentioned in the
Planning Act, section 3.2.5(1); or
(iii) a development permit granted for a development
application (superseded planning scheme) under
the Planning Act.
`(3) However, subsection (1)(b) also applies to an area if--
(a) the current planning scheme for the area no longer
designates the area as a special facilities zone, or like
zone, but the development rights conferred by the earlier
designation have been preserved under the scheme; and
(b) the clearing of vegetation is in relation to the
development rights.'.'.
2
Vegetation Management and Other Legislation
Amendment Bill 2005
2 Clause 5
At page 7, after line 3--
insert--
`83 Validation of regional vegetation management codes
`(1) Each relevant code--
(a) is valid, and has effect, as a regional vegetation
management code under this Act; and
(b) is taken, on and from its approval or purported approval
under section 75(2), always to have been valid, and
always to have had effect, as a regional vegetation
management code under this Act.
`(2) Without limiting subsection (1), the subsection applies--
(a) despite the following provisions (including any
requirements included in the following provisions)--
(i) part 2, division 3 as in force before 21 May 2004;
(ii) part 2, division 3 as in force on or after 21 May
2004;
(iii) section 75; and
(b) even if a relevant instrument for the relevant code was
certified, or was prepared and certified, or otherwise
came into existence, after the relevant code was
approved, or purportedly approved, under section 75(2).
`(3) In this section--
relevant code means a document that the Minister, on or after
21 May 2004 but before 26 June 2004, approved under section
75(2), or purportedly approved under section 75(2), as a
regional vegetation management code.
relevant instrument, for a relevant code, means a map, plan or
other document certified, prepared and certified, or otherwise
coming into existence, for the purposes of a relevant provision
of the relevant code.
3
Vegetation Management and Other Legislation
Amendment Bill 2005
relevant provision, of a relevant code, means a provision of
the relevant code that incorporates by reference, whether in
general or specific terms, or otherwise provides for or refers
to, a map, plan or other document.'.'.
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