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Queensland
Vegetation Management and
Other Legislation Amendment
Bill 2009
Queensland
Vegetation Management and Other
Legislation Amendment Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Vegetation Management Act 1999
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 3 (Purpose of Act) . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 10 (State policy for vegetation management) . . 11
6 Insertion of new pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2A Other policies for vegetation management
Subdivision 1 Concurrence agency policies
10A Types of concurrence agency policies . . . . . . . . . . . . 12
10B Content of concurrence agency policy . . . . . . . . . . . . 13
Subdivision 2 Offsets policy
10C What is the offsets policy . . . . . . . . . . . . . . . . . . . . . . 13
10D Content of offsets policy . . . . . . . . . . . . . . . . . . . . . . . 14
7 Amendment of s 11 (Minister must approve regional vegetation
management codes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8 Amendment of s 12 (Preparing codes). . . . . . . . . . . . . . . . . . . . . 15
9 Amendment of s 13 (Minister must consider all properly made
submissions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Replacement of s 14 (Publication of codes) . . . . . . . . . . . . . . . . . 16
14 When regional vegetation management code takes
effect ................................... 16
11 Amendment of s 15 (Minor or stated amendments of regional
vegetation management code) . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 Amendment of s 17 (Making declaration). . . . . . . . . . . . . . . . . . . 17
Vegetation Management and Other Legislation Amendment Bill 2009
Contents
13 Amendment of s 19B (Approving amendment of declared area
code) .......................................... 17
14 Omission of s 19M (Information to be available for inspection) . . 17
15 Insertion of new pt 2, divs 4B and 4C. . . . . . . . . . . . . . . . . . . . . . 17
Division 4B Other codes for vegetation management
Subdivision 1 Conducting a native forest practice
19O Native forest practice code . . . . . . . . . . . . . . . . . . . . . 18
19P Content of native forest practice code . . . . . . . . . . . . 18
19Q Offence to conduct native forest practice without
giving notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19R Offence to conduct particular native forest practice
other than under native forest practice code . . . . . . . 19
Subdivision 2 Clearing regulated regrowth vegetation under
the regrowth vegetation code
19S Making regrowth vegetation code. . . . . . . . . . . . . . . . 19
19T When regrowth vegetation code takes effect . . . . . . . 20
19U Requirement and process for giving notice of
clearing regulated regrowth vegetation . . . . . . . . . . . 20
19V Offence to clear regulated regrowth vegetation
under regrowth vegetation code without clearing
notification ............................... 21
19W Offence to clear regulated regrowth vegetation other
than under regrowth vegetation code . . . . . . . . . . . . . 21
19X Register of clearing notifications . . . . . . . . . . . . . . . . 22
Division 4C Authorisation to clear regulated regrowth
vegetation other than under regrowth
vegetation code
19Y Definitions for div 4C . . . . . . . . . . . . . . . . . . . . . . . . . 23
19Z Application of div 4C. . . . . . . . . . . . . . . . . . . . . . . . . . 23
19ZA Applying for authorisation. . . . . . . . . . . . . . . . . . . . . . 24
19ZB Chief executive to consider application . . . . . . . . . . . 25
19ZC Criteria for granting the application . . . . . . . . . . . . . . 25
19ZD Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19ZE Expiry of regrowth clearing authorisation on transfer
of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
19ZF Clearing regulated regrowth vegetation under
authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
19ZG Register of regrowth clearing authorisations . . . . . . . 26
16 Replacement of s 20A (Forest practice codes) . . . . . . . . . . . . . . 27
Division 5AA Vegetation management maps
Page 2
Vegetation Management and Other Legislation Amendment Bill 2009
Contents
20A What is the regional ecosystem map . . . . . . . . . . . . . 27
20AA What is the remnant map . . . . . . . . . . . . . . . . . . . . . . 28
20AB What is the regrowth vegetation map . . . . . . . . . . . . . 28
20AC What is the essential habitat map . . . . . . . . . . . . . . . 29
20AD What is a registered area of agriculture map . . . . . . . 30
20AE Certifying vegetation management map. . . . . . . . . . . 30
20AF Amending vegetation management map . . . . . . . . . . 30
20AG When vegetation management map takes effect . . . . 30
20AH Deciding to show particular areas as remnant
vegetation .............................. 31
20AI Deciding to show particular areas as high value
regrowth vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . 32
20AJ Application to make PMAV before amending
particular vegetation management maps . . . . . . . . . . 33
17 Insertion of new ss 20AK20AO . . . . . . . . . . . . . . . . . . . . . . . . . 33
20AK What is a property map of assessable vegetation (or
PMAV) .................................. 33
20AL What is a category A area . . . . . . . . . . . . . . . . . . . . . 34
20AM What is a category B area . . . . . . . . . . . . . . . . . . . . . 35
20AN What is a category C area . . . . . . . . . . . . . . . . . . . . . 35
20AO What is a category X area . . . . . . . . . . . . . . . . . . . . . 35
18 Replacement of s 20B (When chief executive may make
property map of assessable vegetation) . . . . . . . . . . . . . . . . . . . 36
20B When chief executive may make PMAV . . . . . . . . . . . 36
20BA Chief executive may make decision about category
A area .................................. 37
19 Amendment of s 20C (When owner may apply for property map
of assessable vegetation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
20 Insertion of new s 20CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
20CA Process before making PMAV . . . . . . . . . . . . . . . . . . 38
21 Amendment of s 20D (When maps may be replaced) . . . . . . . . . 41
22 Amendment of s 20E (When maps may be revoked) . . . . . . . . . . 42
23 Amendment of s 20F (Copies of maps to be available) . . . . . . . . 42
24 Insertion of new s 20H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
20H Inconsistency between PMAV and particular
vegetation management maps . . . . . . . . . . . . . . . . . . 43
25 Replacement of pt 2, div 6, hdg (Modifying effect of Planning
Act) .......................................... 43
26 Amendment of s 22 (Declarations for the Planning Act). . . . . . . . 44
Page 3
Vegetation Management and Other Legislation Amendment Bill 2009
Contents
27 Amendment of s 22A (Particular vegetation clearing
applications may be assessed) . . . . . . . . . . . . . . . . . . . . . . . . . . 44
28 Insertion of new pt 2, div 6, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 2 Referral agency assessment and responses
22DA Requirement for property vegetation management
plan ................................. 46
22DB Compliance with concurrence agency policy . . . . . . . 46
22DC Refusal of particular concurrence agency application 46
22DD Commercial timber on State land . . . . . . . . . . . . . . . . 47
22DE Development not for a relevant purpose under s 22A 47
22DF Clearing vegetation on adjoining lot for firebreaks
and fire management lines . . . . . . . . . . . . . . . . . . . . . 48
29 Insertion of new pt 2, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 6A Vegetation management offsets
Subdivision 1 Preliminary
22DG What are vegetation management offsets (or offsets)
and offset areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 2 Imposing offsets
22DH Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 49
22DI Compliance with offsets policy . . . . . . . . . . . . . . . . . . 50
22DJ Criteria for decision about offset. . . . . . . . . . . . . . . . . 50
22DK When offset ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Subdivision 3 Register of offsets
22DL Chief executive must keep register of offsets . . . . . . . 50
30 Amendment of s 30 (Power to enter places) . . . . . . . . . . . . . . . . 51
31 Amendment of s 49 (Power to require name and address) . . . . . 52
32 Insertion of new ss 54A54C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
54A Stop work notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
54B Restoration notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
54C Contravention of stop work notices and restoration
notices ................................. 54
33 Amendment of s 55 (Compliance notice) . . . . . . . . . . . . . . . . . . . 54
34 Amendment of s 55A (Record of compliance notice in land
registry) ...................................... 55
35 Insertion of new pt 3, div 1, sdiv 8 . . . . . . . . . . . . . . . . . . . . . . . . 56
Subdivision 8 Restoration plans
55AA Application of sdiv 8 . . . . . . . . . . . . . . . . . . . . . . . . . . 56
55AB Preparing restoration plan . . . . . . . . . . . . . . . . . . . . . 56
Page 4
Vegetation Management and Other Legislation Amendment Bill 2009
Contents
55AC Approving restoration plan . . . . . . . . . . . . . . . . . . . . . 57
55AD Chief executive may amend approved restoration
plan ................................. 58
55AE Steps after, and taking effect of, decision. . . . . . . . . . 59
55AF Failure to comply with restoration notice . . . . . . . . . . 59
36 Amendment of s 60B (Guide for deciding penalty for vegetation
clearing offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
37 Amendment of pt 4, hdg (Appeals and legal proceedings) . . . . . 60
38 Replacement of pt 4, div 1 (Appeals) . . . . . . . . . . . . . . . . . . . . . . 61
Division 1 Internal reviews by chief executive
62 Internal review process before external review . . . . . 61
63 How to apply for internal review . . . . . . . . . . . . . . . . . 61
63A Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 1A External reviews by QCAT
63B Who may apply for external review. . . . . . . . . . . . . . . 62
39 Amendment of s 66A (Instruments, equipment and installations) 62
40 Amendment of s 66B (Certificate or report about remotely
sensed image) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
41 Amendment of s 67 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 63
42 Amendment of s 68A (Particulars to be stated for complaint for
vegetation clearing offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
43 Insertion of new pt 4, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 4 Restrictions on legal proceedings
68CA Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
68CB Non-application of Judicial Review Act 1991 . . . . . . . 65
68CC No appeals about relevant vegetation maps and
particular PMAV applications . . . . . . . . . . . . . . . . . . . 66
44 Insertion of new ss 70AA and 70AB. . . . . . . . . . . . . . . . . . . . . . . 66
70AA Copies of vegetation management maps and
PMAVs to be available for inspection and purchase. . 66
70AB Copies of documents to be available for inspection
and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
45 Amendment of s 70B (Record of development approvals and
property maps of assessable vegetation in land registry) . . . . . . 68
46 Insertion of new s 70C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
70C Particular vegetation not natural resource owned by
person as improvement on leasehold land. . . . . . . . . 69
47 Amendment of s 74 (Existing development control plans and
special facilities zones). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Page 5
Vegetation Management and Other Legislation Amendment Bill 2009
Contents
48 Insertion of new pt 6, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 7 Transitional provisions for Vegetation
Management and Other Legislation
Amendment Act 2009
Subdivision 1 Preliminary
88 Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
89 References to unamended Act . . . . . . . . . . . . . . . . . . 71
Subdivision 2 Transitional provisions for amendments of
Vegetation Management Act 1999
90 Existing regional vegetation management codes
approved by the Minister . . . . . . . . . . . . . . . . . . . . . . 72
91 Native forest practice code . . . . . . . . . . . . . . . . . . . . . 72
92 Existing regional ecosystems maps and remnant
maps ................................. 73
93 Certifying vegetation management maps in
retrospective period . . . . . . . . . . . . . . . . . . . . . . . . . . 74
94 Changes to existing vegetation category areas . . . . . 74
95 When particular PMAVs may be revoked . . . . . . . . . . 75
96 Existing compliance notices . . . . . . . . . . . . . . . . . . . . 76
97 Tree clearing provisions under unamended Land Act 76
98 Existing development approvals and development
applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
99 References to not of concern regional ecosystems . . 77
100 Clearing of regulated regrowth vegetation in
retrospective period not an offence . . . . . . . . . . . . . . 77
101 Application of s 19Q . . . . . . . . . . . . . . . . . . . . . . . . . . 78
102 Not giving notice in retrospective period not an
offence .............................. 78
103 Delayed applications to QCAT . . . . . . . . . . . . . . . . . . 79
104 Amendment of Vegetation Management Regulation
2000 ................................ 79
Subdivision 3 Transitional provisions for repeal of Vegetation
Management (Regrowth Clearing Moratorium)
Act 2009
105 Existing applications for moratorium exemption . . . . . 79
106 Existing PMAV applications . . . . . . . . . . . . . . . . . . . . 80
107 Existing show cause notices and compliance notices 81
108 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
49 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 82
Page 6
Vegetation Management and Other Legislation Amendment Bill 2009
Contents
Part 3 Amendment of Integrated Planning Act 1997
50 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
51 Amendment of sch 8 (Assessable development and
self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
52 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 92
Part 4 Amendment of Land Act 1994
53 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 95
54 Amendment of s 431NB (Application of pt 3B). . . . . . . . . . . . . . . 95
55 Amendment of s 431NF (Limit on application of s 358
(Changing deeds of grant--change in description or boundary
of land)) .......................................... 95
Part 5 Amendment of Land Title Act 1994
56 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
57 Amendment of s 191B (Application of pt 10A) . . . . . . . . . . . . . . . 95
Part 6 Amendment of Queensland Civil and Administrative
Tribunal (Jurisdiction Provisions) Amendment Act 2009
58 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
59 Omission of ch 6, pt 10 (Amendment of Vegetation
Management Act 1999) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Part 7 Amendment of Sustainable Planning Act 2009
60 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
61 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 96
Part 8 Miscellaneous
62 Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
63 Laws amended in the schedule . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Schedule Consequential and minor amendments . . . . . . . . . . . . . . . . . 98
Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
State Development and Public Works Organisation Act 1971 . . . 98
Vegetation Management Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 98
Vegetation Management Regulation 2000 . . . . . . . . . . . . . . . . . . 101
Page 7
2009
A Bill
for
An Act to amend for particular purposes the Land Act 1994, the
Land Title Act 1994 and the Vegetation Management Act 1999,
to repeal the Vegetation Management (Regrowth Clearing
Moratorium) Act 2009 and to make consequential and minor
amendments to the Integrated Planning Act 1997, the
Queensland Civil and Administrative Tribunal (Jurisdiction
Provisions) Amendment Act 2009, the State Development and
Public Works Organisation Act 1971 and the Sustainable
Planning Act 2009
Vegetation Management and Other Legislation Amendment Bill 2009
Part 1 Preliminary
[s 1]
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 2009. 5
Clause 2 Commencement 6
This Act, other than the following provisions, is taken to have 7
commenced on 8 October 2009-- 8
· sections 31, 39, 40(2) and (3) and 47 9
· parts 4 to 7 10
· schedule, amendment of the Land Act 1994 11
· schedule, amendment of the Vegetation Management 12
Act 1999, amendments 1, 2, 11 and 15. 13
Part 2 Amendment of Vegetation 14
Management Act 1999 15
Clause 3 Act amended in pt 2 and schedule 16
This part and the schedule amend the Vegetation Management 17
Act 1999. 18
Clause 4 Amendment of s 3 (Purpose of Act) 19
(1) Section 3(1)(a)-- 20
omit, insert-- 21
Page 10
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 5]
`(a) conserves remnant vegetation that is-- 1
(i) an endangered regional ecosystem; or 2
(ii) an of concern regional ecosystem; or 3
(iii) a least concern regional ecosystem; and'. 4
(2) Section 3(2)-- 5
insert-- 6
`(f) the regulation of particular regrowth vegetation.'. 7
Clause 5 Amendment of s 10 (State policy for vegetation 8
management) 9
(1) Section 10(2), from `state'-- 10
omit, insert-- 11
`state-- 12
(a) outcomes for vegetation management and actions 13
proposed to achieve the outcomes; and 14
(b) special considerations for significant community 15
projects.'. 16
(2) Section 10(4) to (6)-- 17
omit. 18
(3) Section 10(7)-- 19
renumber as section 10(4). 20
(4) Section 10-- 21
insert-- 22
`(5) In this section-- 23
significant community projects means projects the chief 24
executive considers have an aesthetic, conservation, cultural 25
or economic benefit to a local or regional community or the 26
State, including-- 27
(a) a project that serves an essential need of the community; 28
and 29
Page 11
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 6]
Examples-- 1
essential infrastructure, school 2
(b) a project that significantly improves the community's 3
access to services. 4
Examples-- 5
hospital, State or local government library or museum'. 6
Clause 6 Insertion of new pt 2, div 2A 7
Part 2-- 8
insert-- 9
`Division 2A Other policies for vegetation 10
management 11
`Subdivision 1 Concurrence agency policies 12
`10A Types of concurrence agency policies 13
`(1) The MCU policy is the document called `Concurrence 14
Agency Policy for Material Change of Use (MCU)' made by 15
the chief executive on 23 August 2007, as amended or 16
replaced from time to time under this section. 17
`(2) The RaL policy is the document called `Concurrence Agency 18
Policy for Reconfiguring a Lot (RaL)' made by the chief 19
executive on 23 August 2007, as amended or replaced from 20
time to time under this section. 21
`(3) Each of the MCU policy and the RaL policy is called a 22
concurrence agency policy. 23
`(4) The chief executive may amend or replace the document 24
mentioned in subsection (1) or (2) or any amendment or 25
replacement of it. 26
`(5) However, the amendment or replacement does not take effect 27
until it is approved under a regulation. 28
Page 12
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 6]
`(6) A reference to a concurrence agency policy is taken to include 1
any amendment or replacement under subsection (4) that has 2
taken effect. 3
`10B Content of concurrence agency policy 4
`(1) A concurrence agency policy may provide for any matter 5
about assessing and responding as a concurrence agency to 6
the part of a concurrence agency application giving rise to the 7
referral that the chief executive considers is necessary or 8
desirable for achieving the purpose of this Act. 9
`(2) A concurrence agency policy may-- 10
(a) provide criteria for assessing the part of a concurrence 11
agency application giving rise to the referral, including 12
the clearing of native vegetation-- 13
(i) made assessable under the Planning Act; or 14
(ii) that becomes exempt development under the 15
Planning Act if the application is approved; or 16
(b) state the circumstances in which the chief executive 17
must in its referral agency's response to a concurrence 18
agency application tell the assessment manager to refuse 19
the application. 20
`(3) A concurrence agency policy must not be inconsistent with 21
the State policy. 22
`Subdivision 2 Offsets policy 23
`10C What is the offsets policy 24
`(1) The offsets policy is the document called `Policy for 25
Vegetation Management Offsets' made by the chief executive 26
on 28 September 2007, as amended or replaced from time to 27
time under this section. 28
Page 13
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 6]
`(2) The chief executive may amend or replace the document 1
mentioned in subsection (1) or any amendment or 2
replacement of it. 3
`(3) However, the amendment or replacement does not take effect 4
until it is approved under a regulation. 5
`(4) A reference to the offsets policy is taken to include any 6
amendment or replacement under subsection (2) that has 7
taken effect. 8
`10D Content of offsets policy 9
`(1) The offsets policy may provide for any matter about the 10
requirements for an offset as a condition of a development 11
approval that the chief executive considers is necessary or 12
desirable for achieving the purpose of this Act. 13
`(2) The offsets policy may-- 14
(a) set out the characteristics of a suitable offset area for the 15
offset, including the following-- 16
(i) remnant status or current level of protection of the 17
vegetation in the offset area; 18
(ii) the location and size of the offset area; 19
(iii) the ecological equivalence of the vegetation in the 20
offset area to the vegetation in the area to be 21
cleared; and 22
(b) provide for on-going management and monitoring of the 23
vegetation in the offset area; and 24
(c) require reporting about the management and monitoring 25
of the vegetation in the offset area; and 26
(d) provide for a range of ways to legally secure an offset 27
area; and 28
Examples-- 29
· a covenant under the Land Title Act 1994 30
· a declaration under part 2, division 4 31
Page 14
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 7]
(e) provide the circumstances when the chief executive may 1
enter into an agreement with the applicant for the 2
development approval or a third party to provide an 3
offset area; and 4
(f) provide the circumstances when the applicant for the 5
development approval may provide an offset area and 6
the period within which the offset area is provided. 7
`(3) The offsets policy must not be inconsistent with the State 8
policy.'. 9
Clause 7 Amendment of s 11 (Minister must approve regional 10
vegetation management codes) 11
(1) Section 11, `approve'-- 12
omit, insert-- 13
`make'. 14
(2) Section 11(2)-- 15
renumber as section 11(4). 16
(3) Section 11-- 17
insert-- 18
`(2) A regional vegetation management code may provide for the 19
protection of the habitat of native wildlife prescribed under 20
the Nature Conservation Act as endangered, vulnerable, rare 21
or near threatened wildlife (protected wildlife). 22
`(3) For subsection (2), the code may refer to an essential habitat 23
map for the area of habitat in which the protected wildlife is 24
protected.'. 25
Clause 8 Amendment of s 12 (Preparing codes) 26
Section 12, `approving'-- 27
omit, insert-- 28
`making'. 29
Page 15
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 9]
Clause 9 Amendment of s 13 (Minister must consider all properly 1
made submissions) 2
Section 13, `approving'-- 3
omit, insert-- 4
`making'. 5
Clause 10 Replacement of s 14 (Publication of codes) 6
Section 14-- 7
omit, insert-- 8
`14 When regional vegetation management code takes 9
effect 10
`(1) A regional vegetation management code, or an amendment or 11
replacement of a regional vegetation management code, does 12
not take effect until it has been approved under a regulation. 13
`(2) A reference to a regional vegetation management code is 14
taken to include any amendment or replacement under 15
subsection (1) that has taken effect.'. 16
Clause 11 Amendment of s 15 (Minor or stated amendments of 17
regional vegetation management code) 18
(1) Section 15, heading, `or stated'-- 19
omit, insert-- 20
`, stated or permitted'. 21
(2) Section 15, `sections 11 to 14'-- 22
omit, insert-- 23
`sections 12 and 13'. 24
(3) Section 15-- 25
insert-- 26
`(c) the amendment is a permitted amendment of the code.'. 27
(4) Section 15-- 28
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[s 12]
insert-- 1
`(2) In this section-- 2
permitted amendment, of a regional vegetation management 3
code, means an amendment of-- 4
(a) a provision of the code about a suggested way of 5
achieving a required outcome under the code; or 6
(b) a provision of the code to make it consistent with the 7
State policy.'. 8
Clause 12 Amendment of s 17 (Making declaration) 9
(1) Section 17(3) to (5)-- 10
omit. 11
(2) Section 17(6)-- 12
renumber as section 17(3). 13
Clause 13 Amendment of s 19B (Approving amendment of declared 14
area code) 15
(1) Section 19B(2) to (4)-- 16
omit. 17
(2) Section 19B(5)-- 18
renumber as section 19B(2). 19
Clause 14 Omission of s 19M (Information to be available for 20
inspection) 21
Section 19M-- 22
omit. 23
Clause 15 Insertion of new pt 2, divs 4B and 4C 24
Part 2-- 25
insert-- 26
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[s 15]
`Division 4B Other codes for vegetation 1
management 2
`Subdivision 1 Conducting a native forest practice 3
`19O Native forest practice code 4
`(1) The native forest practice code is the document called `The 5
Code applying to a Native Forest Practice on Freehold Land' 6
approved by the Minister, as amended or replaced from time 7
to time under this section. 8
`(2) The Minister may amend or replace the document mentioned 9
in subsection (1) or any amendment or replacement of it. 10
`(3) However, the amendment or replacement does not take effect 11
until it is approved under a regulation. 12
`(4) A reference to the native forest practice code is taken to 13
include any amendment or replacement under subsection (2) 14
that has taken effect. 15
`19P Content of native forest practice code 16
`(1) The native forest practice code may provide for any matter 17
about conducting a native forest practice the Minister 18
considers is necessary or desirable for achieving the purpose 19
of this Act. 20
`(2) The native forest practice code may provide for required 21
outcomes and practices for producing, managing and 22
removing commercial timber in native forests. 23
`(3) The native forest practice code must not be inconsistent with 24
the State policy. 25
`19Q Offence to conduct native forest practice without 26
giving notice 27
`A person must not conduct a native forest practice in an area 28
of remnant vegetation or regulated regrowth vegetation unless 29
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[s 15]
the person has given the chief executive a notice in the 1
approved form stating the location of the proposed conducting 2
of the practice. 3
Maximum penalty--50 penalty units. 4
`19R Offence to conduct particular native forest practice 5
other than under native forest practice code 6
`If the native forest practice code applies to a native forest 7
practice, the native forest practice must be conducted in a way 8
that complies with the code. 9
Note-- 10
See the Planning Act, section 4.3.1, schedule 8, part 1, table 4, item 1A 11
and schedule 10, definition forest practice for the penalty for carrying 12
out a native forest practice other than under the code. 13
`Subdivision 2 Clearing regulated regrowth 14
vegetation under the regrowth 15
vegetation code 16
`19S Making regrowth vegetation code 17
`(1) The Minister may make a code for clearing regulated 18
regrowth vegetation (the regrowth vegetation code). 19
`(2) The regrowth vegetation code may provide for any matter 20
about clearing regulated regrowth vegetation the Minister 21
considers is necessary or desirable for achieving the purpose 22
of this Act. 23
`(3) The regrowth vegetation code may provide for the 24
following-- 25
(a) required outcomes and practices, and voluntary best 26
practice activities, for clearing regulated regrowth 27
vegetation; 28
(b) the protection of habitat for protected wildlife; 29
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[s 15]
(c) the restriction on clearing commercial timber on State 1
land; 2
(d) the circumstance in which an exchange area must be 3
provided. 4
`(4) For subsection (3)(b), the code may refer to an essential 5
habitat map for the area of habitat in which the protected 6
wildlife is protected. 7
`(5) The regrowth vegetation code must not be inconsistent with 8
the State policy. 9
`19T When regrowth vegetation code takes effect 10
`The regrowth vegetation code, or an amendment or 11
replacement of the regrowth vegetation code, does not take 12
effect until it has been approved under a regulation. 13
`19U Requirement and process for giving notice of 14
clearing regulated regrowth vegetation 15
`(1) This section applies if a person proposes clearing regulated 16
regrowth vegetation under the regrowth vegetation code on 17
land (a clearing area). 18
`(2) The person must give the chief executive notice in the 19
approved form (a clearing notification) stating-- 20
(a) the real property description of the land; and 21
(b) the location and extent of-- 22
(i) the clearing area; and 23
(ii) any exchange area; and 24
(c) the purpose of clearing the regulated regrowth 25
vegetation. 26
`(3) The chief executive must, within 5 business days after 27
receiving the clearing notification-- 28
(a) give the person notice that the notification was received 29
and information included in the notification is enough to 30
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[s 15]
identify the location and extent of the clearing area and 1
any exchange area; or 2
(b) ask the person to give the chief executive further 3
reasonable information or documents about the location 4
or extent of the clearing area or any exchange area 5
within a stated period. 6
`(4) A notice or request under subsection (3) may be given orally 7
or by written notice. 8
`(5) However, if the notice or request is given orally, the chief 9
executive must, within 5 business days after giving the notice 10
or request, confirm the notice or request by written notice 11
given to the person. 12
`(6) The stated period mentioned in subsection (3)(b) must be at 13
least 10 business days after the chief executive gives the 14
person written notice of the request. 15
`(7) The notice given under subsection (2) is taken to be a clearing 16
notification whether or not the chief executive acts under 17
subsection (3) in relation to the notice. 18
`19V Offence to clear regulated regrowth vegetation 19
under regrowth vegetation code without clearing 20
notification 21
`A person must not clear regulated regrowth vegetation under 22
the regrowth vegetation code unless the person has given the 23
chief executive a clearing notification for the clearing. 24
Maximum penalty--50 penalty units. 25
`19W Offence to clear regulated regrowth vegetation other 26
than under regrowth vegetation code 27
`Subject to section 19ZF, regulated regrowth vegetation may 28
be cleared only in a way that complies with the regrowth 29
vegetation code. 30
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[s 15]
Note-- 1
See the Planning Act, section 4.3.1 and schedule 8, part 1, table 4, items 2
1A and 1B for the penalty for clearing regulated regrowth vegetation 3
other than under the regrowth vegetation code or a regrowth clearing 4
authorisation. 5
`19X Register of clearing notifications 6
`(1) The chief executive must keep a register of clearing 7
notifications. 8
`(2) The register must include, for each clearing notification-- 9
(a) the person's name; and 10
(b) the real property description of the land the subject of 11
the notification; and 12
(c) the location and extent of-- 13
(i) the clearing area; and 14
(ii) any exchange area; and 15
(d) the purpose of clearing the regulated regrowth 16
vegetation; and 17
(e) the day the chief executive received the notification. 18
`(3) The chief executive may also keep in the register other 19
information about a clearing notification given to the chief 20
executive under section 19U. 21
`(4) The person's name for each clearing notification must not be 22
contained in the publicly available part of the register. 23
`(5) The chief executive must publish details in the publicly 24
available part of the register on the department's website. 25
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[s 15]
`Division 4C Authorisation to clear regulated 1
regrowth vegetation other than 2
under regrowth vegetation code 3
`19Y Definitions for div 4C 4
`In this division-- 5
primary producer means an individual who spends the 6
majority of the individual's labour on, and derives the 7
majority of the individual's income from, a primary 8
production business. 9
primary production business means a business carried on 10
within the State in a primary production industry, including 11
the agricultural, apicultural, aquacultural, horticultural and 12
pastoral industries. 13
primary production entity means a partnership, proprietary 14
company, or trust that is solely or mainly engaged in a primary 15
production business. 16
relevant entity means-- 17
(a) a primary producer; or 18
(b) a primary production entity in which a primary producer 19
is-- 20
(i) if the entity is a partnership--a partner in the 21
partnership; or 22
(ii) if the entity is a proprietary company--a person 23
who holds shares in the company; or 24
(iii) if the entity is a trust--a trustee of the trust. 25
`19Z Application of div 4C 26
`This division applies to a relevant entity if-- 27
(a) the relevant entity is carrying on a primary production 28
business on 8 October 2009; and 29
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[s 15]
(b) the relevant entity proposes clearing regulated regrowth 1
vegetation for the purpose of carrying on the business; 2
and 3
(c) clearing the regulated regrowth vegetation in 4
compliance with the regrowth vegetation code would 5
cause the relevant entity financial hardship to an extent 6
that would stop the business from operating. 7
`19ZA Applying for authorisation 8
`(1) The relevant entity may in the application period apply to the 9
chief executive for an authorisation (a regrowth clearing 10
authorisation) to clear the regulated regrowth vegetation in a 11
way other than in compliance with the regrowth vegetation 12
code. 13
`(2) The application must-- 14
(a) be made in the approved form; and 15
(b) state the real property description of the land on which 16
the proposed clearing is to take place; and 17
(c) state the location and extent of the area proposed to be 18
cleared under the regrowth clearing authorisation; and 19
(d) be accompanied by evidence satisfactory to the chief 20
executive to show-- 21
(i) the relevant entity is carrying on a primary 22
production business; and 23
(ii) the purpose of the proposed clearing; and 24
(iii) that clearing the regulated regrowth vegetation in 25
compliance with the regrowth vegetation code 26
would cause the relevant entity financial hardship 27
to an extent that would stop the relevant entity's 28
primary production business from operating. 29
`(3) In this section-- 30
application period means the period-- 31
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[s 15]
(a) starting on 8 October 2009; and 1
(b) ending immediately before 8 October 2011. 2
`19ZB Chief executive to consider application 3
`(1) The chief executive must consider the application and decide 4
to grant or refuse to grant the application. 5
`(2) In considering the application, the chief executive may consult 6
with QRAA. 7
`(3) A function of QRAA is to give the chief executive advice 8
about whether clearing the regulated regrowth vegetation in 9
compliance with the regrowth vegetation code would cause 10
the relevant entity financial hardship. 11
`(4) In this section-- 12
QRAA means the authority established under the Rural and 13
Regional Adjustment Act 1994, section 5. 14
`19ZC Criteria for granting the application 15
`The chief executive may grant the application only if 16
satisfied-- 17
(a) the relevant entity is carrying on a primary production 18
business; and 19
(b) the proposed clearing is for the purpose of the business; 20
and 21
(c) clearing the regulated regrowth vegetation in 22
compliance with the regrowth vegetation code would 23
cause the relevant entity financial hardship to an extent 24
that would stop the business from operating. 25
`19ZD Deciding application 26
`(1) If the chief executive decides to grant the application, the 27
chief executive must give the relevant entity a regrowth 28
clearing authorisation for the proposed clearing. 29
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[s 15]
`(2) The chief executive may impose conditions on the regrowth 1
clearing authorisation, including conditions about how and 2
where the relevant entity may clear the regulated regrowth 3
vegetation under the authorisation and when the authorisation 4
expires. 5
`(3) If the chief executive decides to refuse to grant the application 6
or grant the application on conditions, the chief executive 7
must give the relevant entity an information notice about the 8
decision. 9
`19ZE Expiry of regrowth clearing authorisation on transfer 10
of land 11
`(1) If land the subject of a regrowth clearing authorisation is 12
transferred from the relevant entity to another entity, the 13
authorisation expires on the day the land is transferred. 14
`(2) This section applies despite any condition imposed on the 15
regrowth clearing authorisation stating the day the 16
authorisation expires. 17
`19ZF Clearing regulated regrowth vegetation under 18
authorisation 19
`(1) This section applies if the relevant entity is given a regrowth 20
clearing authorisation for the proposed clearing. 21
`(2) Regulated regrowth vegetation may be cleared under the 22
regrowth clearing authorisation only in a way that complies 23
with the authorisation. 24
`19ZG Register of regrowth clearing authorisations 25
`(1) The chief executive must keep a register of regrowth clearing 26
authorisations. 27
`(2) The register must include, for each regrowth clearing 28
authorisation-- 29
(a) the relevant entity's name; and 30
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Part 2 Amendment of Vegetation Management Act 1999
[s 16]
(b) the real property description of the land the subject of 1
the authorisation; and 2
(c) the location and extent of the clearing area; and 3
(d) the purpose of clearing the regulated regrowth 4
vegetation; and 5
(e) the day the chief executive grants the authorisation; and 6
(f) the day the authorisation expires. 7
`(3) The register must not be publicly available.'. 8
Clause 16 Replacement of s 20A (Forest practice codes) 9
Section 20A-- 10
omit, insert-- 11
`Division 5AA Vegetation management maps 12
`20A What is the regional ecosystem map 13
`The regional ecosystem map is a map certified by the chief 14
executive as the regional ecosystem map for a part of the State 15
and showing for the part-- 16
(a) areas of remnant vegetation that are-- 17
(i) an endangered regional ecosystem; or 18
(ii) an of concern regional ecosystem; or 19
(iii) a least concern regional ecosystem; and 20
(b) the regional ecosystem number for each of the regional 21
ecosystems mentioned in paragraph (a); and 22
(c) areas the chief executive decides under section 20AH to 23
show on the map as remnant vegetation. 24
Note-- 25
The chief executive may decide under section 20AH to show an 26
area on the regional ecosystem map as remnant vegetation even 27
though the vegetation is not remnant vegetation. 28
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[s 16]
`20AA What is the remnant map 1
`The remnant map is a map certified by the chief executive as 2
the remnant map for the part of the State to which the regional 3
ecosystem map does not apply and showing for the part-- 4
(a) areas of remnant vegetation; and 5
(b) areas the chief executive decides under section 20AH to 6
show on the map as remnant vegetation. 7
Note-- 8
The chief executive may decide under section 20AH to show an 9
area on the remnant map as remnant vegetation even though the 10
vegetation is not remnant vegetation. 11
`20AB What is the regrowth vegetation map 12
`The regrowth vegetation map is a map certified by the chief 13
executive as the regrowth vegetation map for the State and 14
showing for the State-- 15
(a) areas of regrowth vegetation, identified on the map as 16
high value regrowth vegetation, that-- 17
(i) are any of the following-- 18
(A) an endangered regional ecosystem; 19
(B) an of concern regional ecosystem; 20
(C) a least concern regional ecosystem; and 21
(ii) have not been cleared since 31 December 1989; 22
and 23
(b) particular watercourses in the Burdekin, Mackay 24
Whitsunday and Wet Tropics catchments, identified on 25
the map as regrowth watercourses; and 26
Editor's note-- 27
At the date of assent, a map showing the Burdekin, Mackay 28
Whitsunday and Wet Tropics catchments can be inspected on the 29
department's website at . 30
(c) areas the chief executive decides under section 20AI to 31
show on the map as high value regrowth vegetation. 32
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[s 16]
Note-- 1
The chief executive may decide under section 20AI to show an 2
area on the regrowth vegetation map as high value regrowth 3
vegetation even though the vegetation is not regrowth vegetation 4
that satisfies paragraph (a). 5
`20AC What is the essential habitat map 6
`(1) The essential habitat map is a map certified by the chief 7
executive as the essential habitat map for the State and 8
showing, for the State, areas the chief executive reasonably 9
believes are areas of essential habitat or essential regrowth 10
habitat for protected wildlife. 11
`(2) Essential habitat, for protected wildlife, means an area of 12
remnant vegetation-- 13
(a) that has at least 3 essential habitat factors for the 14
protected wildlife that must include any essential habitat 15
factors that are stated as mandatory for the protected 16
wildlife in the essential habitat database; or 17
(b) in which the protected wildlife, at any stage of its life 18
cycle, is located. 19
`(3) Essential habitat database means a database, listing essential 20
habitat factors for protected wildlife, certified by the chief 21
executive as an essential habitat database. 22
`(4) An essential habitat factor, for protected wildlife, is a 23
component of the wildlife's habitat, including, for example, a 24
landform, pollinator, regional ecosystem, soil and water, that 25
is necessary or desirable for the wildlife at any stage of its 26
lifecycle. 27
`(5) Essential regrowth habitat, for protected wildlife, means an 28
area of regrowth vegetation-- 29
(a) that has at least 3 essential habitat factors for the 30
protected wildlife that must include any essential habitat 31
factors that are stated as mandatory for the protected 32
wildlife in the essential regrowth habitat database; or 33
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[s 16]
(b) in which the protected wildlife, at any stage of its life 1
cycle, is located. 2
`(6) Essential regrowth habitat database means a database, listing 3
essential habitat factors for protected wildlife, certified by the 4
chief executive as an essential regrowth habitat database. 5
`20AD What is a registered area of agriculture map 6
`A registered area of agriculture map is a map certified by 7
the chief executive as a registered area of agriculture map for 8
a wild river area and showing, for the wild river area, 9
registered areas of agriculture. 10
`20AE Certifying vegetation management map 11
`The chief executive may certify a vegetation management 12
map by certifying-- 13
(a) a hard copy of the map; or 14
(b) a digital electronic form of the map. 15
`20AF Amending vegetation management map 16
`The chief executive may amend a vegetation management 17
map (the old map) by-- 18
(a) replacing the map; and 19
(b) certifying a vegetation management map that replaces 20
the old map. 21
`20AG When vegetation management map takes effect 22
`(1) A vegetation management map or a map replacing a 23
vegetation management map does not take effect until a 24
regulation approves the map. 25
`(2) The regulation must state the day on which the map was 26
certified. 27
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`(3) A reference to a vegetation management map is taken to 1
include any replacement under subsection (1) that has taken 2
effect. 3
`20AH Deciding to show particular areas as remnant 4
vegetation 5
`In certifying the regional ecosystem map or remnant map, the 6
chief executive may decide to show an area on the map as 7
remnant vegetation if-- 8
(a) a development approval for the area has been given 9
for-- 10
(i) fodder harvesting; or 11
(ii) thinning; or 12
(iii) clearing of encroachment; or 13
(iv) control of non-native plants or declared pests; or 14
(b) the area is a declared area or offset area; or 15
(c) the chief executive has been notified that the area is 16
subject to a native forest practice; or 17
(d) the area contains forest products under the Forestry Act 18
1959 that are remnant vegetation and-- 19
(i) has been defined by agreement with the FA chief 20
executive as an area in which the State has an 21
interest in commercial timber; or 22
(ii) is an area in which the State has carried out 23
harvesting of commercial timber; or 24
(iii) has been cleared under section 70A; or 25
(e) the chief executive has made a PMAV for the area under 26
section 20B(1)(e), (g) or (h); or 27
(f) the area has been unlawfully cleared; or 28
(g) the area has been cleared of native vegetation and in 29
relation to the clearing a person has been found guilty by 30
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[s 16]
a court, whether or not a conviction has been recorded, 1
of a clearing offence; or 2
(h) the area is a regional ecosystem that-- 3
(i) has a predominant canopy not dominated by 4
woody vegetation; and 5
(ii) has not been cultivated for 15 years; and 6
(iii) contains native species normally found in the 7
regional ecosystem; and 8
(iv) is not dominated by non-native perennial species. 9
`20AI Deciding to show particular areas as high value 10
regrowth vegetation 11
`In certifying the regrowth vegetation map, the chief executive 12
may decide to show an area on the map as high value regrowth 13
vegetation if-- 14
(a) the chief executive has been given a clearing notification 15
for the area and the purpose of clearing the regulated 16
regrowth vegetation in the area is for-- 17
(i) thinning; or 18
(ii) clearing of encroachment; or 19
(iii) control of non-native plants or declared pests; or 20
(b) the area is an exchange area; or 21
(c) the area contains forest products under the Forestry Act 22
1959 that are regulated regrowth vegetation and-- 23
(i) has been defined by agreement with the FA chief 24
executive as an area in which the State has an 25
interest in commercial timber; or 26
(ii) is an area in which the State has carried out 27
harvesting of commercial timber; or 28
(iii) has been cleared under section 70A; or 29
(d) the chief executive has made a PMAV for the area under 30
section 20B(1)(e), (g) or (h); or 31
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(e) the area has been unlawfully cleared; or 1
(f) the chief executive has been notified that the area is 2
subject to a native forest practice; or 3
(g) the area has been cleared of native vegetation and in 4
relation to the clearing a person has been found guilty by 5
a court, whether or not a conviction has been recorded, 6
of a clearing offence. 7
`20AJ Application to make PMAV before amending 8
particular vegetation management maps 9
`(1) This section applies to the following vegetation management 10
maps-- 11
(a) the regional ecosystem map; 12
(b) the remnant map; 13
(c) the regrowth vegetation map. 14
`(2) If an owner of land in an area wants the chief executive to 15
amend a vegetation management map, the owner must apply 16
to the chief executive under section 20C to make a PMAV for 17
the area. 18
Note-- 19
See section 20H for the effect of an inconsistency between a PMAV and 20
a vegetation management map.'. 21
Clause 17 Insertion of new ss 20AK20AO 22
Part 2, division 5A-- 23
insert-- 24
`20AK What is a property map of assessable vegetation (or 25
PMAV) 26
`(1) A property map of assessable vegetation (or PMAV) is a map 27
certified by the chief executive as a PMAV for an area and 28
showing for the area the following-- 29
(a) category A areas; 30
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[s 17]
(b) category B areas; 1
(c) category C areas; 2
(d) category X areas; 3
(e) areas subject to a regional ecosystem map, remnant map 4
or regrowth vegetation map. 5
`(2) The map may also show for the area the location of the 6
boundaries of, and the regional ecosystem number for, each 7
regional ecosystem in the area. 8
`(3) Each of category A area, category B area, category C area and 9
category X area is called a vegetation category area. 10
Note-- 11
The effect of sections 20AL to 20AO, 20BA and 20CA is that there is no 12
overlap of the boundaries of the vegetation category areas. 13
`(4) The chief executive may certify a map as a PMAV by 14
certifying-- 15
(a) a hard copy of the map; or 16
(b) a digital electronic form of the map. 17
`20AL What is a category A area 18
`A category A area is an area that-- 19
(a) is any of the following-- 20
(i) a declared area; 21
(ii) an offset area; 22
(iii) an exchange area; or 23
(b) has been unlawfully cleared; or 24
(c) is, or has been, subject to-- 25
(i) a restoration notice; or 26
(ii) an enforcement notice under the Planning Act 27
containing conditions about restoration of 28
vegetation; or 29
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(d) has been cleared of native vegetation and in relation to 1
the clearing a person has been found guilty by a court, 2
whether or not a conviction has been recorded, of a 3
clearing offence; or 4
(e) the chief executive decides under section 20BA is a 5
category A area. 6
`20AM What is a category B area 7
`A category B area is an area, other than a category A area-- 8
(a) shown on a regional ecosystem map or remnant map as 9
remnant vegetation; or 10
(b) that, if section 20AN does not apply to the area, is a 11
Land Act tenure to be converted under the Land Act 12
1994 to another form of tenure and is or contains an 13
endangered regional ecosystem, of concern regional 14
ecosystem or a least concern regional ecosystem. 15
`20AN What is a category C area 16
`A category C area is an area, other than a category A area, 17
that contains regrowth vegetation that is-- 18
(a) an endangered regional ecosystem, of concern regional 19
ecosystem or a least concern regional ecosystem that has 20
not been cleared since 31 December 1989; and 21
(b) either-- 22
(i) shown on a regional ecosystem map or remnant 23
map as remnant vegetation; or 24
(ii) shown on a regrowth vegetation map as high value 25
regrowth vegetation. 26
`20AO What is a category X area 27
`(1) A category X area is an area, other than a category A area or 28
category C area, in which clearing of vegetation has happened 29
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[s 18]
and that, when a PMAV applying to the area was made, did 1
not contain remnant vegetation. 2
`(2) However, an area is not a category X area if the chief 3
executive decides under section 20CA the area is not a 4
category X area.'. 5
Clause 18 Replacement of s 20B (When chief executive may make 6
property map of assessable vegetation) 7
Section 20B-- 8
omit, insert-- 9
`20B When chief executive may make PMAV 10
`(1) The chief executive may make a PMAV for an area if-- 11
(a) the area becomes a declared area; or 12
(b) the area becomes an offset area; or 13
(c) the area becomes an exchange area; or 14
(d) the area has been unlawfully cleared; or 15
(e) the area is subject to-- 16
(i) a restoration notice; or 17
(ii) an enforcement notice under the Planning Act 18
containing conditions about restoration of 19
vegetation; or 20
(f) the area has been cleared of native vegetation and in 21
relation to the clearing a person has been found guilty by 22
a court, whether or not a conviction has been recorded, 23
of a clearing offence; or 24
(g) the chief executive reasonably believes-- 25
(i) a person has committed a vegetation clearing 26
offence in relation to the area, whether before or 27
after the commencement of this section, or a 28
vegetation clearing offence is being committed in 29
relation to the area; or 30
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(ii) the area was cleared of vegetation in contravention 1
of a tree clearing provision under the Land Act 2
1994 as in force before the commencement of the 3
Vegetation Management and Other Legislation 4
Amendment Act 2004, section 3; or 5
(iii) prohibited development under the repealed 6
Moratorium Act, part 5 was carried out in relation 7
to the area; or 8
(h) the area is a Land Act tenure that is to be converted 9
under the Land Act 1994 to another form of tenure; or 10
(i) the chief executive reasonably believes there is an error 11
in the part of the regrowth vegetation map for the area. 12
`(2) The chief executive must give each owner of land to be 13
included in the PMAV an information notice about the 14
decision to make the PMAV. 15
`20BA Chief executive may make decision about category 16
A area 17
`The chief executive may make an area a category A area on a 18
PMAV if the chief executive reasonably believes-- 19
(a) a vegetation clearing offence is being, or has been, 20
committed in relation to the area; or 21
(b) the area was cleared of vegetation in contravention of a 22
tree clearing provision under the Land Act 1994 as in 23
force before the commencement of the Vegetation 24
Management and Other Legislation Amendment Act 25
2004, section 3; or 26
(c) prohibited development under the repealed Moratorium 27
Act, part 5 was carried out in relation to the area.'. 28
Clause 19 Amendment of s 20C (When owner may apply for 29
property map of assessable vegetation) 30
(1) Section 20C, `property map of assessable vegetation'-- 31
omit, insert-- 32
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Vegetation Management and Other Legislation Amendment Bill 2009
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[s 20]
`PMAV'. 1
(2) Section 20C(3), `applicant'-- 2
omit, insert-- 3
`owner of the land'. 4
(3) Section 20C(3), `map'-- 5
omit, insert-- 6
`PMAV'. 7
(4) Section 20C-- 8
insert-- 9
`(4) The chief executive may waive the prescribed fee for the 10
making of a PMAV if it is in the interests of the State and the 11
owner. 12
`(5) If the chief executive refuses to make a PMAV for the area, 13
the chief executive must give the owner an information notice 14
about the decision.'. 15
Clause 20 Insertion of new s 20CA 16
After section 20C-- 17
insert-- 18
`20CA Process before making PMAV 19
`(1) This section applies if-- 20
(a) an owner of land applies under section 20C for the 21
making of a PMAV for the land or part of the land; and 22
(b) the owner proposes that the land or part of the land (the 23
relevant area) be a category X area on the PMAV. 24
`(2) The chief executive can not make the relevant area a category 25
X area on the PMAV if any of the circumstances mentioned in 26
section 20AH or 20AI for the area have happened unless the 27
area has later been cleared and-- 28
(a) when the area was cleared of vegetation, the clearing 29
was exempt development; or 30
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(b) the clearing of vegetation has been carried out under a 1
moratorium exemption; or 2
(c) the clearing of vegetation has been carried out under a 3
development approval other than a development 4
approval for-- 5
(i) fodder harvesting; or 6
(ii) thinning; or 7
(iii) clearing of encroachment; or 8
(iv) control of non-native plants or declared pests; or 9
(d) a clearing notification for the area has been received and 10
the purpose of clearing was other than clearing regulated 11
regrowth vegetation in the area for-- 12
(i) thinning; or 13
(ii) clearing of encroachment; or 14
(iii) control of non-native plants or declared pests. 15
`(3) Also, the chief executive can not make the relevant area a 16
category X area on the PMAV if-- 17
(a) vegetation in the area is not remnant vegetation because 18
of clearing that happened as a result of burning, flooding 19
or natural causes; or 20
(b) the area is located within 50m of a watercourse 21
identified on the regrowth vegetation map as a regrowth 22
watercourse. 23
`(4) If the chief executive considers the relevant area can not be 24
made a category X area because of subsection (2) or (3), the 25
chief executive must, before making the PMAV, give the 26
owner of the land a notice inviting the owner to show why the 27
relevant area should be a category X area. 28
`(5) The notice must state the following-- 29
(a) the grounds for the proposed decision that the relevant 30
area is not a category X area; 31
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[s 20]
(b) the facts and circumstances forming the basis for the 1
grounds; 2
(c) the proposed boundaries of the vegetation category 3
areas for the PMAV; 4
(d) that the owner may make submissions about the 5
proposed decision; 6
(e) how to make a properly made submission; 7
(f) where the submission may be made or sent; 8
(g) a period within which the submission must be made. 9
`(6) The stated period must be at least 15 business days after the 10
notice is given. 11
`(7) If, after considering any properly made submission by the 12
owner, the chief executive still considers the relevant area is 13
not a category X area, the chief executive may make the 14
relevant area other than a category X area on the PMAV. 15
`(8) The chief executive must give the owner an information notice 16
about the decision to make the relevant area other than a 17
category X area. 18
`(9) In this section-- 19
properly made submission means a submission that-- 20
(a) is written; and 21
(b) is signed by each person (a signatory) who made the 22
submission; and 23
(c) states the name and address of each signatory; and 24
(d) states the grounds of the submission and the facts and 25
circumstances relied on in support of the grounds; and 26
(e) is made to the person stated in the notice inviting the 27
submission; and 28
(f) is received on or before the last day for the making of 29
the submission.'. 30
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Vegetation Management and Other Legislation Amendment Bill 2009
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[s 21]
Clause 21 Amendment of s 20D (When maps may be replaced) 1
(1) Section 20D, heading, `maps'-- 2
omit, insert-- 3
`PMAV' 4
(2) Section 20D(1)-- 5
omit, insert-- 6
`(1) The chief executive may replace a PMAV for an area (the 7
previous area) with 1 or more PMAVs (each a new PMAV). 8
(3) Section 20D(2), `The new map'-- 9
omit, insert-- 10
`A new PMAV'. 11
(4) Section 20D(3)(b), `not of concern'-- 12
omit, insert-- 13
`a least concern'. 14
(5) Section 20D(3)(c)-- 15
omit, insert-- 16
`(c) for a matter other than a matter mentioned in paragraph 17
(a) or (b), if each of the affected owners agrees to the 18
replacement.'. 19
(6) Section 20D-- 20
insert-- 21
`(4) A reference to a PMAV made under section 20B or 20C is 22
taken to include its replacement under this section. 23
`(5) In this section-- 24
affected owner means an owner of land proposed to be 25
included in a new PMAV if any of the following apply-- 26
(a) the owner applied under section 20C for the making of 27
the new PMAV; 28
(b) there was not a PMAV for the land or part of the land; 29
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Vegetation Management and Other Legislation Amendment Bill 2009
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[s 22]
(c) the land, or part of the land, will be affected by a change 1
to the boundary of a vegetation category area in the new 2
PMAV.'. 3
Clause 22 Amendment of s 20E (When maps may be revoked) 4
(1) Section 20E, heading, `maps'-- 5
omit, insert-- 6
`PMAV' 7
(2) Section 20E(1)-- 8
omit, insert-- 9
`(1) The chief executive may revoke a PMAV for an area if-- 10
(a) for a PMAV made under section 20B(1)(a) for a 11
declared area under division 4, subdivision 2--the 12
declaration for the area ends; or 13
(b) for a PMAV made under section 20B(1)(b)--the offset 14
in relation to the offset area ends; or 15
(c) for a PMAV made under section 20B(1)(c)--the 16
exchange area is no longer an exchange area required 17
under the regrowth vegetation code; or 18
(d) for a PMAV made under section 20B(1)(d), (e), (f) or 19
(g)--the area is shown on a regional ecosystem map or 20
remnant map as remnant vegetation; or 21
(e) for a PMAV made under section 20B(1)(h)--the Land 22
Act tenure over the area is not converted to another form 23
of tenure; or 24
(f) for a PMAV made under section 20B(1)(i)--the 25
regrowth vegetation map is amended to correct the 26
error.'. 27
Clause 23 Amendment of s 20F (Copies of maps to be available) 28
(1) Section 20F, heading, from `maps'-- 29
omit, insert-- 30
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Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 24]
`PMAV given to owners'. 1
(2) Section 20F(1), `property map of assessable vegetation'-- 2
omit, insert-- 3
`PMAV'. 4
(3) Section 20F(1), `the map'-- 5
omit, insert-- 6
`the PMAV'. 7
(4) Section 20F(2)-- 8
omit, insert-- 9
`(2) However, if there are 2 or more owners who reside at the same 10
address, a copy of the PMAV may be sent to the owners 11
jointly.'. 12
Clause 24 Insertion of new s 20H 13
Part 2, division 5A-- 14
insert-- 15
`20H Inconsistency between PMAV and particular 16
vegetation management maps 17
`If there is an inconsistency in the boundary of an area shown 18
on a PMAV and a boundary of the area shown on any of the 19
following, the boundary of the area shown on the PMAV 20
prevails to the extent of the inconsistency-- 21
(a) the regional ecosystem map; 22
(b) the remnant map; 23
(c) the regrowth vegetation map.'. 24
Clause 25 Replacement of pt 2, div 6, hdg (Modifying effect of 25
Planning Act) 26
Part 2, division 6, heading-- 27
omit, insert-- 28
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Part 2 Amendment of Vegetation Management Act 1999
[s 26]
`Division 6 Relationship with Planning Act 1
`Subdivision 1 Modifying effect of Planning Act'. 2
Clause 26 Amendment of s 22 (Declarations for the Planning Act) 3
Section 22(3)-- 4
omit, insert-- 5
`(3) The chief executive may-- 6
(a) refuse the application to the extent the development will 7
affect the commercial timber; or 8
(b) grant the vegetation clearing application but impose 9
conditions on the development approval in relation to 10
the commercial timber.'. 11
Clause 27 Amendment of s 22A (Particular vegetation clearing 12
applications may be assessed) 13
(1) Section 22A(2)(d), `if there is no suitable alternative site for 14
the fence, firebreak, road, track or infrastructure'-- 15
omit, insert-- 16
`(each relevant infrastructure) and the clearing for the 17
relevant infrastructure can not reasonably be avoided or 18
minimised'. 19
(2) Section 22A(2)(j), (k) and (l)-- 20
omit, insert-- 21
`(j) for clearing regrowth vegetation on freehold land, 22
indigenous land or leases issued under the Land Act 23
1994 for agriculture or grazing purposes, in an area 24
shown as a registered area of agriculture on a registered 25
area of agriculture map in a wild river high preservation 26
area.'. 27
(3) Section 22A(2B)-- 28
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Part 2 Amendment of Vegetation Management Act 1999
[s 28]
omit, insert-- 1
`(2B) Also, a vegetation clearing application is not for a relevant 2
purpose under this section if the development applied for is 3
clearing regulated regrowth vegetation.'. 4
(4) Section 22A(2C)(a), `subsection (2)(e), (f), (i) or (j)'-- 5
omit, insert-- 6
`subsection (2)(e), (f) or (i)'. 7
(5) Section 22A(3)-- 8
omit, insert-- 9
`(3) In this section-- 10
extractive industry-- 11
(a) means 1 or more of the following-- 12
(i) dredging material from the bed of any waters; 13
(ii) extracting, from a pit or quarry, rock, sand, clay, 14
gravel, loam or other material; 15
(iii) screening, washing, grinding, milling, sizing or 16
separating material extracted from a pit or quarry; 17
and 18
(b) includes carrying out work that is the natural and 19
ordinary consequence of carrying out the work 20
mentioned in paragraph (a). 21
Example-- 22
constructing roads, buildings and other infrastructure'. 23
Clause 28 Insertion of new pt 2, div 6, sdiv 2 24
Part 2, division 6-- 25
insert-- 26
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Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 28]
`Subdivision 2 Referral agency assessment and 1
responses 2
`22DA Requirement for property vegetation management 3
plan 4
`The applicant for a concurrence agency application must give 5
the chief executive a property vegetation management plan 6
for the area to which the application relates in addition to the 7
things mentioned in the Planning Act, section 3.3.3(1). 8
`22DB Compliance with concurrence agency policy 9
`The chief executive must, for assessing and giving its referral 10
agency's response to a concurrence agency application, 11
comply with-- 12
(a) the concurrence agency policy applicable to the referral; 13
or 14
(b) if both the concurrence agency policies are applicable to 15
the referral--each of the concurrence agency policies. 16
`22DC Refusal of particular concurrence agency application 17
`(1) The chief executive may in its referral agency's response to a 18
concurrence agency application tell the assessment manager 19
to refuse the application or impose a condition-- 20
(a) if a PMAV applying to the relevant land or part of the 21
land has been made under section 20B and has not been 22
revoked; or 23
(b) if the relevant land is subject to any of the following-- 24
(i) a restoration notice; 25
(ii) a compliance notice given before the 26
commencement of this section containing 27
conditions about the restoration of vegetation; 28
(iii) a Land Act notice; 29
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[s 28]
(iv) a trespass notice if the trespass related act under 1
the Land Act 1994 for the notice is the clearing of 2
vegetation on the relevant land; 3
(v) an enforcement notice under the Planning Act 4
issued for a vegetation clearing offence; or 5
(c) to the extent the development applied for is inconsistent 6
with an offset or another agreement related to an offset. 7
`(2) In this section-- 8
relevant land means land to which the concurrence agency 9
application relates. 10
`22DD Commercial timber on State land 11
`(1) This section applies if-- 12
(a) a concurrence agency application is for a material 13
change of use of premises on State land; and 14
(b) the chief executive is satisfied there is commercial 15
timber on the land. 16
`(2) The chief executive may in its referral agency's response to 17
the application tell the assessment manager-- 18
(a) to refuse the application to the extent the development 19
affects the commercial timber; or 20
(b) any conditions in relation to the commercial timber that 21
must attach to the development approval. 22
`22DE Development not for a relevant purpose under s 22A 23
`(1) This section applies if the chief executive is not satisfied the 24
development applied for under a concurrence agency 25
application is for a relevant purpose under section 22A. 26
`(2) For applying section 22A, a reference to a vegetation clearing 27
application is taken to be a reference to a concurrence agency 28
application. 29
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Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 29]
`(3) The chief executive must in its referral agency's response to 1
the application tell the assessment manager to refuse the 2
application. 3
`22DF Clearing vegetation on adjoining lot for firebreaks 4
and fire management lines 5
`(1) This section applies if the location of proposed infrastructure 6
for a concurrence agency application would enable the 7
applicant to clear vegetation on adjoining land under the 8
Planning Act, schedule 10, definition essential management, 9
paragraphs (a) or (b). 10
`(2) In assessing and responding to the part of the application 11
giving rise to the referral, the chief executive must consider 12
any clearing of vegetation that may be required on the 13
adjoining land for-- 14
(a) establishing or maintaining a necessary firebreak to 15
protect the infrastructure; or 16
(b) for establishing a necessary fire management line. 17
`(3) Subsection (2) is in addition to, and does not limit, the 18
Planning Act, section 3.3.15 and chapter 3, part 5, division 2. 19
`(4) In this section-- 20
infrastructure means infrastructure other than a fence, road or 21
vehicular track.'. 22
Clause 29 Insertion of new pt 2, div 6A 23
Part 2-- 24
insert-- 25
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Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 29]
`Division 6A Vegetation management offsets 1
`Subdivision 1 Preliminary 2
`22DG What are vegetation management offsets (or offsets) 3
and offset areas 4
`(1) A vegetation management offset (or an offset) is an 5
agreement to carry out works or activities to conserve, 6
enhance, maintain, monitor or rehabilitate an area of 7
vegetation. 8
`(2) The area to be conserved, enhanced, maintained, monitored or 9
rehabilitated is called the offset area. 10
`Subdivision 2 Imposing offsets 11
`22DH Application of sdiv 2 12
`(1) This subdivision applies to an application for a development 13
approval if-- 14
(a) the relevant regional vegetation management code is the 15
code for the clearing of vegetation in the area; and 16
(b) a required outcome under the code is to maintain the 17
current extent of a particular regional ecosystem by-- 18
(i) not clearing the regional ecosystem; or 19
(ii) if subparagraph (i) is not reasonably practicable, 20
ensuring the structure and function of the regional 21
ecosystem is maintained; or 22
(iii) if subparagraphs (i) and (ii) are not reasonably 23
practicable, imposing an offset as a condition of 24
the development approval; and 25
(c) the applicant proposes an offset to satisfy the required 26
outcome. 27
`(2) In this section-- 28
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Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 29]
relevant regional vegetation management code means the 1
regional vegetation management code for the region of the 2
State in which the area proposed to be cleared under the 3
vegetation clearing application is situated. 4
`22DI Compliance with offsets policy 5
`(1) The chief executive must, for assessing the development 6
application, comply with the offsets policy. 7
`(2) Without limiting subsection (1), the chief executive may 8
impose the offset as a condition of the development approval. 9
`22DJ Criteria for decision about offset 10
`In deciding whether to impose the proposed offset as a 11
condition of the development approval, the chief executive 12
may refuse to impose the proposed offset as a condition of the 13
development approval to satisfy a required outcome under the 14
code if-- 15
(a) the applicant has had an offset imposed as a condition of 16
another development approval; and 17
(b) the applicant has not complied with the condition. 18
`22DK When offset ends 19
The offset remains in effect until the offset ends under its 20
terms. 21
`Subdivision 3 Register of offsets 22
`22DL Chief executive must keep register of offsets 23
`(1) The chief executive must keep a register of offsets. 24
`(2) The register must include, for each offset imposed as a 25
condition of a development approval-- 26
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Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 30]
(a) the name of the applicant for the development approval; 1
and 2
(b) the name of the owner of the land in which the offset 3
area is located; and 4
(c) the department's reference number for the development 5
approval; and 6
(d) the real property description of the land-- 7
(i) in which the offset area is located; and 8
(ii) on which the vegetation is cleared under the 9
development approval; and 10
(e) the location and extent of the offset area; and 11
(f) a description of the vegetation in the offset area; and 12
(g) a description of the vegetation cleared under the 13
development approval. 14
`(3) The chief executive may also keep in the register other 15
information about the development approval the chief 16
executive considers appropriate. 17
`(4) A person's name under subsection (2)(a) or (b) must not be 18
contained in the publicly available part of the register. 19
`(5) The chief executive must publish details in the publicly 20
available part of the register on the department's website.'. 21
Clause 30 Amendment of s 30 (Power to enter places) 22
Section 30(1)-- 23
insert-- 24
`(f) a person proposing to conduct a native forest practice at 25
the place has given the chief executive a notice under 26
section 19Q for the place; or 27
(g) a person proposing to clear regulated regrowth 28
vegetation under the regrowth vegetation code at the 29
place has given the chief executive a clearing 30
notification for the place.'. 31
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Vegetation Management and Other Legislation Amendment Bill 2009
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[s 31]
Clause 31 Amendment of s 49 (Power to require name and address) 1
Section 49(1)-- 2
omit, insert-- 3
`(1) This section applies if an authorised officer-- 4
(a) finds a person committing a vegetation clearing offence; 5
or 6
(b) finds a person in circumstances that lead the authorised 7
officer reasonably to suspect the person has just 8
committed a vegetation clearing offence; or 9
(c) has information that leads the authorised officer 10
reasonably to suspect a person has just committed a 11
vegetation clearing offence.'. 12
Clause 32 Insertion of new ss 54A54C 13
Part 3, division 1, subdivision 7-- 14
insert-- 15
`54A Stop work notice 16
`(1) This section applies if an official reasonably believes a person 17
is committing a vegetation clearing offence. 18
`(2) The official may give the person a notice (a stop work notice) 19
requiring the person to stop committing the offence or not to 20
commit that type of offence again. 21
`(3) The stop work notice must state-- 22
(a) that the official believes the person is committing a 23
vegetation clearing offence; and 24
(b) the vegetation clearing offence the official believes is 25
being committed; and 26
(c) briefly, how it is believed the offence is being 27
committed. 28
`(4) The stop work notice must be accompanied by or include an 29
information notice about the decision to give the notice. 30
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[s 32]
`(5) The person must comply with the stop work notice unless the 1
person has a reasonable excuse. 2
Maximum penalty for subsection (5)--1665 penalty units. 3
`54B Restoration notice 4
`(1) This section applies if an official reasonably believes-- 5
(a) a person has committed a vegetation clearing offence, 6
whether before or after the commencement of this 7
section; and 8
(b) the matter is capable of being rectified. 9
`(2) The official may give the person a notice (a restoration 10
notice) requiring the person to rectify the matter. 11
`(3) The restoration notice must state-- 12
(a) that the official believes the person has committed a 13
vegetation clearing offence; and 14
(b) the vegetation clearing offence the official believes has 15
been committed; and 16
(c) briefly, how it is believed the offence has been 17
committed; and 18
(d) the matter the official believes is reasonably capable of 19
being rectified; and 20
(e) the reasonable steps the person must take to rectify the 21
matter; and 22
(f) the stated reasonable period in which the person must 23
take the steps. 24
`(4) The restoration notice must be accompanied by or include an 25
information notice about the decision to give the notice. 26
`(5) The person must comply with the restoration notice unless the 27
person has a reasonable excuse. 28
Maximum penalty--1665 penalty units. 29
`(6) In this section-- 30
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Vegetation Management and Other Legislation Amendment Bill 2009
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[s 33]
step includes any action or other measure the official believes 1
is necessary to rectify the matter. 2
Examples-- 3
· giving a proposed restoration plan under section 55AB(1) or 4
making a request under section 55AB(3) 5
· setting objectives and timeframes for restoring the vegetation 6
· giving the chief executive a progress report about whether the steps 7
taken within a particular period to rectify the matter have satisfied a 8
stated objective 9
`54C Contravention of stop work notices and restoration 10
notices 11
`(1) This section applies to a person who is given a stop work 12
notice or a restoration notice. 13
`(2) If the person does an act, or makes an omission, in 14
contravention of the stop work notice or restoration notice, an 15
official may use reasonable force and take any other 16
reasonable action to stop the contravention. 17
`(3) Any reasonable cost or expense incurred by the official in 18
doing anything under subsection (2) may be recovered as a 19
debt owing to the State by the person.'. 20
Clause 33 Amendment of s 55 (Compliance notice) 21
(1) Section 55, heading-- 22
omit, insert-- 23
`55 Transfer of land the subject of restoration notice'. 24
(2) Section 55(1) to (6)-- 25
omit. 26
(3) Section 55(7), `For this section, if the person has an interest in 27
the land the subject of the'-- 28
omit, insert-- 29
`If a person has an interest in land the subject of a'. 30
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Vegetation Management and Other Legislation Amendment Bill 2009
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[s 34]
(4) Section 55(7) to (10), `compliance notice'-- 1
omit, insert-- 2
`restoration notice'. 3
(5) Section 55(8), example-- 4
omit, insert-- 5
`Example-- 6
A is given a restoration notice on 1 January 2010 requiring A to rectify a 7
matter by 30 June 2010. In May 2010, A transfers the land the subject of 8
the restoration notice to B.'. 9
(6) Section 55(10), `under subsection (2)'-- 10
omit. 11
(7) Section 55(11), `Subsections (7) to (10)'-- 12
omit, insert-- 13
`Subsections (1) to (4)'. 14
(8) Section 55(7) to (11)-- 15
renumber as section 55(1) to (5). 16
Clause 34 Amendment of s 55A (Record of compliance notice in 17
land registry) 18
(1) Section 55A, heading and subsections (2) to (6), 19
`compliance'-- 20
omit, insert-- 21
`restoration'. 22
(2) Section 55A(1)-- 23
omit. 24
(3) Section 55A(2), `after the'-- 25
omit, insert-- 26
`after a' 27
(4) Section 55A(6), `subsection (5)'-- 28
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Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 35]
omit, insert-- 1
`subsection (4)'. 2
(5) Section 55A(2) to (6)-- 3
renumber as section 55A(1) to (5). 4
Clause 35 Insertion of new pt 3, div 1, sdiv 8 5
Part 3, division 1-- 6
insert-- 7
`Subdivision 8 Restoration plans 8
`55AA Application of sdiv 8 9
`This subdivision applies if-- 10
(a) an official gives a person a restoration notice in relation 11
to the committing of a vegetation clearing offence on 12
land; and 13
(b) the notice requires the person to prepare a plan (a 14
restoration plan) to rectify the matter by restoring 15
vegetation on the land. 16
`55AB Preparing restoration plan 17
`(1) The person must, within the reasonable period stated in the 18
restoration notice, prepare and give the chief executive a 19
proposed restoration plan for the land. 20
`(2) The restoration plan must include the matters stated for the 21
plan in the restoration notice. 22
`(3) However, the person may, within 20 business days after the 23
restoration notice is given, ask the chief executive to prepare a 24
restoration plan for the land. 25
`(4) The fee payable to the chief executive for preparing the plan 26
must not be more than the fee prescribed under a regulation. 27
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`55AC Approving restoration plan 1
`(1) The chief executive must review a proposed restoration plan 2
given to the chief executive under section 55AB(1) and-- 3
(a) approve the plan; or 4
(b) if the chief executive considers the plan does not 5
adequately rectify the matter, ask the person-- 6
(i) to consider or further consider any matter; and 7
(ii) to amend the plan in the light of the person's 8
consideration or further consideration; and 9
(iii) to give the amended plan to the chief executive for 10
approval; or 11
(c) ask the person to make stated changes to the plan and 12
give the amended plan to the chief executive for 13
approval. 14
`(2) The person must give the amended restoration plan to the 15
chief executive within 20 business days after the chief 16
executive makes a request under subsection (1)(b) or (c). 17
`(3) The chief executive must review the amended restoration plan 18
and approve the plan or refuse to approve the plan. 19
`(4) If the chief executive approves the restoration plan under 20
subsection (1)(a) or (3), the chief executive must give the 21
person notice that the plan or amended plan is the approved 22
restoration plan. 23
`(5) If the chief executive refuses to approve the amended 24
restoration plan, the chief executive must give the person-- 25
(a) notice of the refusal; and 26
(b) an information notice about the decision to refuse to 27
approve the plan. 28
`(6) If the person asks the chief executive to prepare the restoration 29
plan under section 55AB(3), the plan prepared by the chief 30
executive is the approved restoration plan. 31
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`55AD Chief executive may amend approved restoration 1
plan 2
`(1) The chief executive may amend the approved restoration plan 3
at any time. 4
`(2) Before amending the approved restoration plan, the chief 5
executive must give the person a written notice inviting the 6
person to show why the plan should not be amended. 7
`(3) The notice must state each of the following-- 8
(a) the grounds for the proposed amendment of the plan; 9
(b) the facts and circumstances forming the basis for the 10
grounds; 11
(c) the proposed amendment of the plan; 12
(d) that the person may make submissions about the 13
proposed amendment; 14
(e) how to make a properly made submission; 15
(f) where the submission may be made or sent; 16
(g) a period within which the submission must be made. 17
`(4) The stated period must be at least 20 business days after the 18
notice is given. 19
`(5) If, after considering any properly made submission by the 20
person, the chief executive still considers the approved 21
restoration plan should be amended, the chief executive may 22
amend the plan. 23
`(6) In this section-- 24
properly made submission means a submission that-- 25
(a) is written; and 26
(b) is signed by each person (a signatory) who made the 27
submission; and 28
(c) states the name and address of each signatory; and 29
(d) states the grounds of the submission and the facts and 30
circumstances relied on in support of the grounds; and 31
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(e) is made to the person stated in the notice inviting the 1
submission; and 2
(f) is received on or before the last day for the making of 3
the submission. 4
`55AE Steps after, and taking effect of, decision 5
`(1) If the chief executive decides to amend the approved 6
restoration plan-- 7
(a) the chief executive must give the person an information 8
notice about the decision; and 9
(b) the amendment does not take effect until the end of the 10
review period for the decision; and 11
(c) the plan, as amended, becomes the approved restoration 12
plan for the land. 13
`(2) If the chief executive decides not to amend the approved plan, 14
the chief executive must give the person notice of the 15
decision. 16
`(3) In this section-- 17
review period, for a decision, means the period provided for 18
under section 63 for applying for an internal review of the 19
decision. 20
`55AF Failure to comply with restoration notice 21
`(1) The person is taken not to have complied with the restoration 22
notice if-- 23
(a) the person fails to give the chief executive a proposed 24
restoration plan within the period stated in the 25
restoration notice; or 26
(b) for a restoration plan not approved under section 27
55AC(1)(a)-- 28
(i) the person fails to comply with section 55AC(2); 29
or 30
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(ii) the chief executive refuses to approve the 1
restoration plan under section 55AC(5). 2
`(2) Also, the person is taken not to have complied with the 3
restoration notice if the person fails to comply with the 4
approved restoration plan. 5
Note-- 6
For the effect of a failure to comply with a restoration notice, see section 7
54B(5). 8
`(3) Subsection (1) does not apply if the person has under section 9
55AB(3) asked the chief executive to prepare a restoration 10
plan for the land.'. 11
Clause 36 Amendment of s 60B (Guide for deciding penalty for 12
vegetation clearing offence) 13
Section 60B(2)(a) to (c)-- 14
omit, insert-- 15
`(a) for each hectare of vegetation cleared unlawfully in a 16
declared area or offset area or that is an endangered 17
regional ecosystem other than regulated regrowth 18
vegetation--30 penalty units; 19
(b) for each hectare of vegetation cleared unlawfully that is 20
an of concern regional ecosystem other than regulated 21
regrowth vegetation--24 penalty units; 22
(c) for each hectare of vegetation cleared unlawfully that is 23
a least concern regional ecosystem other than regulated 24
regrowth vegetation--18 penalty units; 25
(d) for each hectare of vegetation cleared unlawfully that is 26
regulated regrowth vegetation or an exchange area--12 27
penalty units.'. 28
Clause 37 Amendment of pt 4, hdg (Appeals and legal proceedings) 29
Part 4, heading, `Appeals'-- 30
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[s 38]
omit, insert-- 1
`Reviews'. 2
Clause 38 Replacement of pt 4, div 1 (Appeals) 3
Part 4, division 1-- 4
omit, insert-- 5
`Division 1 Internal reviews by chief executive 6
`62 Internal review process before external review 7
`Every review of an original decision must be, in the first 8
instance, by way of an application for an internal review of the 9
decision. 10
`63 How to apply for internal review 11
`(1) A person who is given, or is entitled to be given, an 12
information notice about a decision made under this Act may 13
apply for an internal review of the decision. 14
`(2) An application for internal review of a decision must be-- 15
(a) in the approved form; and 16
(b) made to the chief executive; and 17
(c) supported by enough information to enable the chief 18
executive to decide the application. 19
`(3) The application must be made within 20 business days after-- 20
(a) the day the person is given the information notice about 21
the decision; or 22
(b) if paragraph (a) does not apply--the day the person 23
otherwise becomes aware of the decision. 24
`(4) The chief executive may extend the time for applying for the 25
internal review. 26
`(5) The application does not stay the decision. 27
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`63A Review decision 1
`(1) The chief executive must, within 30 business days after 2
receiving the application-- 3
(a) review the decision (the original decision); and 4
(b) make a decision (the review decision) to-- 5
(i) confirm the original decision; or 6
(ii) amend the original decision; or 7
(iii) substitute another decision for the original 8
decision; and 9
(c) give the applicant notice (the review notice) of the 10
review decision. 11
`(2) If the review decision is not the decision sought by the 12
applicant, the review notice must comply with the QCAT Act, 13
section 157(2). 14
`Division 1A External reviews by QCAT 15
`63B Who may apply for external review 16
`A person who is dissatisfied with a review decision may 17
apply, as provided under the QCAT Act, to QCAT for a review 18
of the review decision.'. 19
Clause 39 Amendment of s 66A (Instruments, equipment and 20
installations) 21
(1) Section 66A(2), from `, must'-- 22
omit, insert-- 23
`must give each other party notice of the party's intention to 24
adduce relevant evidence at least 20 business days before the 25
evidence is adduced.'. 26
(2) Section 66A-- 27
insert-- 28
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`(3) The notice must state the grounds on which the party intends 1
to rely to prove that the instrument, equipment or 2
installation-- 3
(a) was not accurate or precise; or 4
(b) was not used by an appropriately qualified person.'. 5
Clause 40 Amendment of s 66B (Certificate or report about remotely 6
sensed image) 7
(1) Section 66B(2)(g), after `vegetation'-- 8
insert-- 9
`or regulated regrowth vegetation'. 10
(2) Section 66B(3), from `at least'-- 11
omit, insert-- 12
`each other party notice of the party's intention to adduce 13
relevant evidence at least 20 business days before the 14
evidence is adduced.'. 15
(3) Section 66B-- 16
insert-- 17
`(4) The notice must state the grounds on which the party intends 18
to rely to prove that the statement was not correct.'. 19
Clause 41 Amendment of s 67 (Evidentiary aids) 20
Section 67(1)-- 21
omit, insert-- 22
`(1) A certificate purporting to be signed by the chief executive 23
stating any of the following matters is evidence of the 24
matter-- 25
(a) a stated document is one of the following things made, 26
certified, maintained, given or issued under this Act or 27
the Planning Act-- 28
(i) an appointment, approval or decision; 29
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[s 42]
(ii) a direction, notice or requirement; 1
(iii) a code, plan or policy; 2
(iv) a map; 3
(b) a stated document is another document kept under this 4
Act or the Planning Act; 5
(c) a stated document is a copy of, or an extract from or part 6
of, a thing mentioned in paragraph (a) or (b); 7
(d) on a stated day-- 8
(i) a stated person was given a stated decision, 9
direction or notice under this Act; or 10
(ii) a stated requirement under this Act was made of a 11
stated person.'. 12
Clause 42 Amendment of s 68A (Particulars to be stated for 13
complaint for vegetation clearing offence) 14
Section 68A(2)(c)-- 15
omit, insert-- 16
`(c) a description of the vegetation; 17
Example-- 18
remnant vegetation that is an endangered regional ecosystem and 19
essential habitat for protected wildlife'. 20
Clause 43 Insertion of new pt 4, div 4 21
Part 4-- 22
insert-- 23
`Division 4 Restrictions on legal proceedings 24
`68CA Definitions for div 4 25
`In this division-- 26
decision includes a purported decision. 27
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[s 43]
PMAV application means an application under section 20C to 1
make a PMAV for an area. 2
relevant PMAV application means a PMAV application made 3
on or after 8 October 2009 and before the date of assent. 4
relevant vegetation map means each of the following-- 5
(a) regional ecosystem map; 6
(b) remnant map; 7
(c) regrowth vegetation map. 8
`68CB Non-application of Judicial Review Act 1991 9
`(1) The Judicial Review Act 1991 does not apply to the following 10
matters under this Act-- 11
(a) conduct engaged in for the purpose of making a relevant 12
decision; 13
(b) other conduct that relates to the making of a relevant 14
decision; 15
(c) the making of a relevant decision or the failure to make a 16
relevant decision; 17
(d) a relevant decision. 18
`(2) In particular, for subsection (1), the Supreme Court does not 19
have jurisdiction to hear and determine applications made to it 20
under the Judicial Review Act 1991, parts 3 to 5 in relation to 21
matters mentioned in subsection (1). 22
`(3) In this section-- 23
relevant decision means-- 24
(a) the certifying by the chief executive or the approval of a 25
relevant vegetation map or an amendment or 26
replacement of a relevant vegetation map; or 27
(b) a decision to agree to make a PMAV the subject of a 28
relevant PMAV application. 29
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`68CC No appeals about relevant vegetation maps and 1
particular PMAV applications 2
`(1) A person can not appeal under any Act or other law-- 3
(a) in relation to the chief executive certifying, or the 4
approval of, a relevant vegetation map or an amendment 5
or replacement of a relevant vegetation map; or 6
(b) about a delay in the chief executive agreeing to make a 7
PMAV the subject of a relevant PMAV application. 8
`(2) In this section-- 9
appeal includes to seek injunctive or any other relief in a 10
proceeding.'. 11
Clause 44 Insertion of new ss 70AA and 70AB 12
After section 70-- 13
insert-- 14
`70AA Copies of vegetation management maps and 15
PMAVs to be available for inspection and purchase 16
`(1) This section applies to the following maps-- 17
(a) a vegetation management map; 18
(b) a PMAV. 19
`(2) The chief executive must-- 20
(a) keep the digital electronic form of the map available for 21
inspection, free of charge, by members of the public at 22
particular regional offices; and 23
(b) publish the digital electronic form of the map on the 24
department's website. 25
Editor's note-- 26
The department's website address at the commencement of this section 27
is . The regional offices where the digital 28
electronic form of a relevant map can be inspected are stated on the 29
department's website. 30
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[s 44]
`(3) The chief executive may publish 2 or more maps as a single 1
map in digital electronic form on the department's website. 2
`(4) The exact location of the boundary of each of the areas shown 3
on the map is held in digital electronic form by the 4
department. 5
Note-- 6
The department uses a geographic information system for capturing, 7
managing, analysing and displaying the data for a map for an area. 8
`(5) The information held in digital electronic form can be reduced 9
or enlarged to show the details of the boundaries of the areas 10
shown on the map. 11
`(6) On payment of a fee, a person may buy-- 12
(a) a copy of the map or part of the map; or 13
(b) information about the boundaries of an area shown on 14
the map. 15
Note-- 16
The information about the boundaries of an area, taken from the 17
geographic information system, would include the coordinates 18
of the corners and bends of the area. 19
`(7) The fee for the copy of the map, or part of the map, or the 20
information about the boundaries of an area must not be more 21
than the reasonable cost of publishing the copy or giving the 22
information. 23
`70AB Copies of documents to be available for inspection 24
and purchase 25
`(1) This section applies to each of the following documents-- 26
(a) the State policy; 27
(b) a policy approved under part 2, division 2A; 28
(c) a regional vegetation management code; 29
(d) a code approved under part 2, division 4A or 4B; 30
(e) a declaration made under section 17; 31
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[s 45]
(f) an amendment of a declared area code approved under 1
section 19B; 2
(g) for each declaration made under section 19F-- 3
(i) the notice given to the proponent under section 4
19F(1); and 5
(ii) the management plan relevant to the declaration; 6
and 7
(iii) the declared area code, if any, relevant to the 8
declaration. 9
`(2) The chief executive must-- 10
(a) keep a copy of the document available for inspection, 11
free of charge, by members of the public at particular 12
regional offices; and 13
(b) publish the document, other than a document mentioned 14
in subsection (1)(g), on the department's website. 15
Editor's note-- 16
The department's website address at the commencement of this section 17
is . The regional offices where the document 18
can be inspected are stated on the department's website. 19
`(3) On payment of a fee, a person may buy a copy of the 20
document. 21
`(4) The fee for the copy of the document must not be more than 22
the reasonable cost of publishing the copy.'. 23
Clause 45 Amendment of s 70B (Record of development approvals 24
and property maps of assessable vegetation in land 25
registry) 26
(1) Section 70B, heading, `development approvals and property 27
maps of assessable vegetation'-- 28
omit, insert-- 29
`particular matters'. 30
(2) Section 70B(1)(a), after `approval'-- 31
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[s 46]
insert-- 1
`, or referral agency development approval,'. 2
(3) Section 70B(1)(b), `property map of assessable vegetation'-- 3
omit, insert-- 4
`PMAV'. 5
(4) Section 70B(2) to (6), `map'-- 6
omit, insert-- 7
`PMAV'. 8
(5) Section 70B(3) and (4), after `issued'-- 9
insert-- 10
`, including, for a referral agency development approval, any 11
concurrence agency conditions for the approval,'. 12
(6) Section 70B-- 13
insert-- 14
`(7) In this section-- 15
concurrence agency condition means a concurrence agency 16
condition under the Planning Act. 17
referral agency development approval means a development 18
approval under the Planning Act for a development 19
application for which the chief executive gives a referral 20
agency's response under that Act.'. 21
Clause 46 Insertion of new s 70C 22
After section 70B-- 23
insert-- 24
`70C Particular vegetation not natural resource owned by 25
person as improvement on leasehold land 26
`(1) Subsection (2) applies if-- 27
(a) a person-- 28
(i) is given a restoration notice in relation to land; or 29
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[s 47]
(ii) was or is given a trespass notice if the trespass 1
related act under the Land Act 1994 for the notice 2
is the clearing of vegetation on the land; or 3
(iii) was given before the commencement of this 4
section a compliance notice in relation to land; and 5
(b) the land is subject to a lease under the Land Act 1994; 6
and 7
(c) the person is required under the notice to plant 8
vegetation on the land; and 9
(d) the person complies with the notice. 10
`(2) The vegetation is not a natural resource owned by the person 11
as an improvement. 12
`(3) Subsection (4) applies if vegetation is or was planted on land 13
subject to a lease to comply with a Land Act notice. 14
`(4) To remove any doubt, it is declared that the vegetation is not 15
and never has been a natural resource owned by the lessee of 16
the land as an improvement.'. 17
Clause 47 Amendment of s 74 (Existing development control plans 18
and special facilities zones) 19
(1) Section 74(1)(b), (2)(b) and (3)(a), `, or like zone,'-- 20
omit. 21
(2) Section 74-- 22
insert-- 23
`(4) In this section-- 24
special facilities zone means a zone under the repealed Local 25
Government (Planning and Environment) Act 1990-- 26
(a) for which the permitted use is special facilities, whether 27
or not the zone has been designated under the planning 28
scheme by the name `special facilities zone'; and 29
(b) in which development of a particular type may be 30
carried out without a development approval.'. 31
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[s 48]
Clause 48 Insertion of new pt 6, div 7 1
Part 6-- 2
insert-- 3
`Division 7 Transitional provisions for 4
Vegetation Management and Other 5
Legislation Amendment Act 2009 6
`Subdivision 1 Preliminary 7
`88 Definitions for div 7 8
`In this division-- 9
amending Act means the Vegetation Management and Other 10
Legislation Amendment Act 2009. 11
moratorium period see the repealed Moratorium Act, section 12
7. 13
retrospective period means the period-- 14
(a) starting on 8 October 2009; and 15
(b) ending immediately before the date of assent of the 16
amending Act. 17
unamended Act means this Act as in force immediately 18
before 8 October 2009. 19
`89 References to unamended Act 20
`If this division states that a provision of the unamended Act 21
continues to apply-- 22
(a) the provision applies as if the amending Act had not 23
been enacted; and 24
(b) any other provision referred to in the provision 25
continues to apply. 26
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[s 48]
`Subdivision 2 Transitional provisions for 1
amendments of Vegetation 2
Management Act 1999 3
`90 Existing regional vegetation management codes 4
approved by the Minister 5
`(1) This section applies to a regional vegetation management 6
code for a region of the State-- 7
(a) either-- 8
(i) approved by the Minister before 8 October 2009 9
under the unamended Act, section 11; or 10
(ii) approved or purportedly approved under section 11
75(2); and 12
(b) in effect, or taken to have had effect, as the regional 13
vegetation management code for the region. 14
`(2) From 8 October 2009, the regional vegetation management 15
code is taken to be a code made by the Minister under section 16
11(1) and approved under a regulation under section 14(1). 17
Note-- 18
On 8 October 2009, each of the following is the current version of a 19
regional vegetation management code approved under the unamended 20
Act, section 11-- 21
· `Regional Vegetation Management Code for Southeast Queensland 22
Bioregion', dated 20 November 2006 23
· `Regional Vegetation Management Code for Coastal Bioregions', 24
dated 20 November 2006 25
· `Regional Vegetation Management Code for Brigalow Belt and 26
New England Tablelands Bioregions', dated 20 November 2006 27
· `Regional Vegetation Management Code for Western Bioregions', 28
dated 20 November 2006. 29
`91 Native forest practice code 30
`(1) The native forest practice code in force immediately before 8 31
October 2009 is, from 8 October 2009, taken to be the native 32
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Vegetation Management and Other Legislation Amendment Bill 2009
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[s 48]
forest practice code even though the code has not been 1
approved under section 19O. 2
`(2) To remove any doubt, it is declared that the reference to a 3
code applying to native forest practice in a relevant provision 4
is taken to have always been a reference to the native forest 5
practice code. 6
`(3) In this section-- 7
relevant provision means-- 8
(a) the unamended Act, section 20A; or 9
(b) the unamended Act, schedule, definition forest practice, 10
paragraph 1(b); or 11
(c) the Planning Act, schedule 10, definition forest practice, 12
paragraph 1(b), as in force immediately before 8 13
October 2009. 14
`92 Existing regional ecosystems maps and remnant 15
maps 16
`(1) Subsection (2) applies to the regional ecosystem maps, each 17
certified by the chief executive as the regional ecosystem map 18
for a particular area and in effect for the area immediately 19
before 8 October 2009. 20
`(2) The regional ecosystem maps are, from 8 October 2009, taken 21
to be the regional ecosystem map for the part of the State 22
under section 20A even though the map has not been 23
approved under section 20AG. 24
`(3) Subsection (4) applies to the remnant maps, each certified by 25
the chief executive as the remnant map for a particular area 26
and in effect for the area immediately before 8 October 2009. 27
`(4) The remnant maps are, from 8 October 2009, taken to be the 28
remnant map for the part of the State to which the regional 29
ecosystem map does not apply under section 20AA even 30
though the map has not been approved under section 20AG. 31
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`93 Certifying vegetation management maps in 1
retrospective period 2
`The chief executive may, in the retrospective period-- 3
(a) certify a vegetation management map as if part 2, 4
division 5AA had commenced on 8 October 2009; and 5
(b) in certifying the regional ecosystem map, remnant map 6
or regrowth vegetation map, decide under section 20AH 7
or 20AI to show an area on the map as remnant 8
vegetation or high value regrowth vegetation. 9
`94 Changes to existing vegetation category areas 10
`(1) An area shown as a particular category 1 area on a PMAV 11
immediately before 8 October 2009 is, from 8 October 2009, 12
taken to be a category A area on the PMAV. 13
`(2) An area shown as any of the following on a PMAV 14
immediately before 8 October 2009 is, from 8 October 2009, 15
taken to be a category B area on the PMAV-- 16
(a) a category 1 area other than a particular category 1 area; 17
(b) a category 2 area; 18
(c) a category 3 area. 19
`(3) An area shown as a category 4 area on a PMAV immediately 20
before 8 October 2009 is, from 8 October 2009, taken to be a 21
category C area on the PMAV. 22
`(4) Subsection (5) applies if, before 8 October 2009, a PMAV is 23
in effect for an area (a previous area). 24
`(5) Despite section 20D, the chief executive may replace the 25
PMAV with a new PMAV if-- 26
(a) the new PMAV applies only to the previous area; and 27
(b) the vegetation category areas in the PMAV are changed 28
as stated in subsections (1) to (3) from category 1 area, 29
category 2 area, category 3 area or category 4 area to 30
category A area, category B area or category C area in 31
the new PMAV. 32
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`(6) The new PMAV must not change the location, area or 1
boundary of a previous area. 2
`(7) In this section-- 3
category 1 area means the unamended Act, schedule, 4
definition category 1 area. 5
category 2 area means the unamended Act, schedule, 6
definition category 2 area. 7
category 3 area means the unamended Act, schedule, 8
definition category 3 area. 9
category 4 area means the unamended Act, schedule, 10
definition category 4 area. 11
particular category 1 area means an area that is mentioned in 12
the unamended Act, schedule, definition category 1 area, 13
paragraphs (d), (e) or (f). 14
`95 When particular PMAVs may be revoked 15
`(1) This section applies if-- 16
(a) before 8 October 2009, the chief executive had made a 17
PMAV for an area under the unamended Act, section 18
20B(a), (c) or (d); and 19
(b) immediately before 8 October 2009, the PMAV is in 20
effect for the area. 21
`(2) The chief executive may revoke the PMAV from 8 October 22
2009 if-- 23
(a) for a map made under the unamended Act, section 24
20B(a)--the area is shown on the regional ecosystem 25
map or remnant map as remnant vegetation; or 26
(b) for a map made under the unamended Act, section 27
20B(c)--the area is shown on the regional ecosystem 28
map or remnant map as remnant vegetation; or 29
(c) for a map made under the unamended Act, section 30
20B(d)--the area is shown on the regional ecosystem 31
map or remnant map as remnant vegetation. 32
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[s 48]
`96 Existing compliance notices 1
`(1) If an existing compliance notice requires the person given the 2
notice to stop committing the offence, the compliance notice 3
is, from 8 October 2009, taken to be a stop work notice. 4
`(2) If an existing compliance notice requires the person given the 5
notice to stop committing the offence and to rectify the matter 6
the subject of the compliance notice, the person is, from 8 7
October 2009, taken to have been given a stop work notice 8
and a restoration notice. 9
`(3) If an existing compliance notice requires the person to rectify 10
the matter the subject of the compliance notice, the 11
compliance notice is, from 8 October 2009, taken to be a 12
restoration notice. 13
`(4) This section applies despite section 54A(3) or (4) or 54B(3) or 14
(4). 15
`(5) In this section-- 16
existing compliance notice means-- 17
(a) a compliance notice for a vegetation clearing offence in 18
force immediately before 8 October 2009; or 19
(b) a Land Act notice. 20
`97 Tree clearing provisions under unamended Land Act 21
`(1) From 8 October 2009, section 79(2) continues to apply in 22
relation to an offence against a tree clearing provision under 23
the unamended Land Act except that-- 24
(a) a reference to a compliance notice under the unamended 25
Land Act to stop committing the offence is, from 8 26
October 2009, taken to be a reference to a stop work 27
notice; and 28
(b) a reference to a compliance notice under the unamended 29
Land Act to rectify the matter is, from 8 October 2009, 30
taken to be a restoration notice. 31
`(2) In this section-- 32
Page 76
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 48]
unamended Land Act means the Land Act 1994 as in force 1
immediately before the commencement of the Vegetation 2
Management and Other Legislation Amendment Act 2004, 3
section 3. 4
`98 Existing development approvals and development 5
applications 6
`(1) A development approval under the Planning Act that is in 7
force immediately before 8 October 2009 has effect as if the 8
amending Act had not been enacted. 9
`(2) Subsection (3) applies if, immediately before 8 October 10
2009-- 11
(a) a development application had been made; and 12
(b) clearing regulated regrowth vegetation is a natural and 13
ordinary consequence of the development the subject of 14
the application; and 15
(c) the application was a properly made application and had 16
not lapsed under the Planning Act; and 17
(d) the application had not been decided. 18
`(3) The assessment manager must assess and decide the 19
application as if the amending Act had not been enacted. 20
`99 References to not of concern regional ecosystems 21
`From 8 October 2009, a reference in an Act or document to a 22
not of concern regional ecosystem is, if the context permits, 23
taken to be a reference to a least concern regional ecosystem. 24
`100 Clearing of regulated regrowth vegetation in 25
retrospective period not an offence 26
`(1) The Planning Act, section 4.3.1(1), to the extent the provision 27
relates to unauthorised development, does not apply to a 28
person carrying out unauthorised development. 29
Page 77
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 48]
`(2) However, if an official reasonably believes a person has 1
carried out unauthorised development, the official may give 2
the person a restoration notice for the development. 3
`(3) In this section-- 4
unauthorised development means development that is the 5
clearing of regulated regrowth vegetation if-- 6
(a) any of the following apply-- 7
(i) the clearing does not comply with the regrowth 8
vegetation code; 9
(ii) there is no moratorium exemption in force for the 10
development; 11
(iii) the clearing is exempt development; and 12
(b) the clearing was carried out in the retrospective period. 13
`101 Application of s 19Q 14
`Section 19Q does not apply to a person conducting a native 15
forest practice in an area of regulated regrowth vegetation 16
until 1 year after 8 October 2009. 17
`102 Not giving notice in retrospective period not an 18
offence 19
`(1) Section 19Q does not apply to a person conducting a native 20
forest practice in an area of remnant vegetation in the 21
retrospective period if-- 22
(a) the person started the native forest practice before the 23
start of the retrospective period; or 24
(b) otherwise--the person gives the chief executive the 25
notice mentioned in section 19Q within 20 business 26
days after the end of the retrospective period. 27
`(2) Section 19V does not apply to a person clearing regulated 28
regrowth vegetation in the retrospective period if-- 29
Page 78
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 48]
(a) the person started the clearing before the start of the 1
retrospective period; or 2
(b) otherwise--the person gives the chief executive the 3
clearing notification mentioned in section 19V within 20 4
business days after the end of the retrospective period. 5
`103 Delayed applications to QCAT 6
`If a person may apply to QCAT under section 63B before 7
QCAT comes into existence, the person may apply to QCAT 8
within 20 business days after QCAT comes into existence. 9
`104 Amendment of Vegetation Management Regulation 10
2000 11
`The amendment of the Vegetation Management Regulation 12
2000 by the Vegetation Management and Other Legislation 13
Amendment Act 2009 does not affect the power of the 14
Governor in Council to further amend the regulation or to 15
repeal it. 16
`Subdivision 3 Transitional provisions for repeal of 17
Vegetation Management (Regrowth 18
Clearing Moratorium) Act 2009 19
`105 Existing applications for moratorium exemption 20
`(1) This section applies if-- 21
(a) in the moratorium period, an application had been made 22
under the repealed Moratorium Act, section 14 for a 23
decision that modified schedule 8 development is 24
exempt development; and 25
(b) immediately before 8 October 2009, the application had 26
not been decided. 27
`(2) From 8 October 2009-- 28
Page 79
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 48]
(a) the application may be decided under the repealed 1
Moratorium Act as if it had not been repealed; and 2
(b) the repealed Moratorium Act, section 16(1) continues to 3
apply and, if the decision is to refuse the moratorium 4
exemption or grant the moratorium exemption on 5
conditions, the notice must be an information notice 6
about the decision; and 7
(c) if the moratorium exemption is granted-- 8
(i) the repealed Moratorium Act, section 17(1) 9
continues to apply; and 10
(ii) the development taken to be exempt development 11
under the moratorium exemption continues to be 12
exempt development only if any conditions 13
imposed on the exemption are complied with. 14
`(3) In this section-- 15
modified schedule 8 development see the repealed 16
Moratorium Act, schedule 2. 17
`106 Existing PMAV applications 18
`(1) This section applies to a PMAV application made in the 19
relevant period if the chief executive has not agreed to make 20
the PMAV before 8 October 2009. 21
`(2) Despite section 20C(3), the chief executive may, from 8 22
October 2009, agree to make the PMAV only if satisfied doing 23
so is consistent with the purpose of this Act or the repealed 24
Moratorium Act. 25
`(3) In this section-- 26
PMAV application means an application under the 27
unamended Act, section 20C to make a PMAV for an area. 28
relevant period means the period-- 29
(a) starting on 26 March 2009; and 30
(b) ending immediately before 8 October 2009. 31
Page 80
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 48]
`107 Existing show cause notices and compliance notices 1
`(1) Subsection (2) applies if, before 8 October 2009-- 2
(a) a person was given a show cause notice under the 3
repealed Moratorium Act, section 24 in relation to the 4
carrying out of prohibited development under that Act; 5
and 6
(b) the chief executive has not under the repealed 7
Moratorium Act, section 25 given the person a notice 8
stating that the proposed action will not be taken; and 9
(c) an official has not under the repealed Moratorium Act, 10
section 26(1) given the person a compliance notice. 11
`(2) From 8 October 2009-- 12
(a) the repealed Moratorium Act, sections 25 and 26(1) to 13
(4) continue to apply; and 14
(b) a reference to a compliance notice in the provisions is 15
taken to be a reference to a restoration notice; and 16
(c) a reference in the compliance notice to carrying out 17
prohibited development is taken to be a reference to 18
committing a vegetation clearing offence in the 19
restoration notice. 20
`(3) Subsection (4) applies if a compliance notice was given under 21
the repealed Moratorium Act, section 26 before 8 October 22
2009 in relation to the carrying out of prohibited development 23
under that Act. 24
`(4) From 8 October 2009-- 25
(a) the compliance notice is taken to be a restoration notice; 26
and 27
(b) a reference in the compliance notice to carrying out 28
prohibited development is taken to be a reference to 29
committing a vegetation clearing offence in the 30
restoration notice. 31
`(5) In this section-- 32
Page 81
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 49]
compliance notice see the repealed Moratorium Act, section 1
24(2). 2
show cause notice means a notice that complies with the 3
Moratorium Act, section 24(3). 4
`108 Appeals 5
`(1) This section applies in relation to a decision to refuse a 6
moratorium exemption or grant a moratorium exemption on 7
conditions, made before 8 October 2009, from which a person 8
had a right of appeal under the repealed Moratorium Act, 9
section 29 before 8 October 2009. 10
`(2) The appeal may be started or continued from 8 October 2009 11
and, for that purpose, the repealed Moratorium Act, part 6, 12
division 2 continues to apply.'. 13
Clause 49 Amendment of schedule (Dictionary) 14
(1) Schedule, definition category 1 area, category 2 area, 15
category 3 area, category 4 area, category X area, compliance 16
notice, not of concern regional ecosystem, property map of 17
assessable vegetation, regional ecosystem map, remnant 18
endangered regional ecosystem, remnant map, remnant not of 19
concern regional ecosystem, remnant of concern regional 20
ecosystem and remnant vegetation-- 21
omit. 22
(2) Schedule-- 23
insert-- 24
`approved restoration plan means a restoration plan approved 25
by the chief executive under part 3, division 1, subdivision 8. 26
category A area see section 20AL. 27
category B area see section 20AM. 28
category C area see section 20AN. 29
category X area see section 20AO. 30
Page 82
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 49]
clearing area see section 19U(1). 1
clearing notification, for clearing regulated regrowth 2
vegetation under the regrowth vegetation code, see section 3
19U(2). 4
clearing offence means an offence under the Forestry Act 5
1959, the Nature Conservation Act or the Environmental 6
Protection Act 1994. 7
concurrence agency application means a development 8
application for a material change of use of premises or 9
reconfiguring a lot for which the chief executive is a 10
concurrence agency. 11
concurrence agency policy see section 10A(3). 12
decision, for part 4, division 4, see section 68CA. 13
development application means a development application 14
under the Planning Act. 15
essential habitat, for protected wildlife, see section 20AC(2). 16
essential habitat map see section 20AC(1). 17
essential regrowth habitat, for protected wildlife, see section 18
20AC(5). 19
exchange area means an area of vegetation that must be 20
protected in the way provided under the regrowth vegetation 21
code in exchange for clearing regulated regrowth vegetation. 22
exempt development means exempt development under the 23
Planning Act. 24
FA chief executive means the chief executive of the 25
department that administers the Forestry Act 1959. 26
fodder harvesting-- 27
1 Fodder harvesting is the clearing of vegetation, 28
predominantly consisting of fodder species-- 29
(a) necessary to provide fodder for stock; and 30
(b) carried out in a way that-- 31
(i) conserves the vegetation in perpetuity; and 32
Page 83
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 49]
(ii) conserves the regional ecosystem in which 1
the vegetation is situated; and 2
(iii) results in the woody biomass of the cleared 3
vegetation remaining where it is cleared. 4
2 For paragraph 1, fodder species are any of the 5
following-- 6
(a) Acacia aneura; 7
(b) Acacia cibaria (Acacia brachystachya); 8
(c) Acacia excelsa; 9
(d) Acacia pendula; 10
(e) Acacia stowardii; 11
(f) Alphitonia excelsa; 12
(g) Flindersia maculosa; 13
(h) Geijera parviflora. 14
information notice, about a decision, means a notice stating 15
each of the following-- 16
(a) the decision, and the reasons for it; 17
(b) the rights of review under this Act; 18
(c) the period in which any review under this Act must be 19
started; 20
(d) how rights of review under this Act are to be exercised. 21
Land Act notice means a compliance notice given for a tree 22
clearing offence under the Land Act 1994 as in force 23
immediately before the commencement of the Vegetation 24
Management and Other Legislation Act 2004, section 3. 25
Land Act tenure means any of the following-- 26
(a) unallocated State land; 27
(b) a road; 28
(c) an area subject to a lease under the Land Act 1994. 29
Page 84
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 49]
least concern regional ecosystem means a regional ecosystem 1
declared to be a least concern regional ecosystem under 2
section 22LC. 3
material change of use means a material change of use under 4
the Planning Act. 5
moratorium exemption means an exemption under the 6
repealed Moratorium Act. 7
native forest practice code see section 19O. 8
Nature Conservation Act means the Nature Conservation Act 9
1992. 10
official means-- 11
(a) the chief executive; or 12
(b) an authorised officer. 13
offset see section 22DG(1). 14
offset area see section 22DG(2). 15
offsets policy see section 10C(1). 16
original decision see section 63A(1)(a). 17
PMAV see section 20AK. 18
PMAV application, for part 4, division 4, see section 68CA. 19
primary producer, for part 2, division 4C, see section 19Y. 20
primary production business, for part 2, division 4C, see 21
section 19Y. 22
primary production entity, for part 2, division 4C, see section 23
19Y. 24
property map of assessable vegetation see section 20AK. 25
protected wildlife see section 11(2). 26
reconfiguring a lot means reconfiguring a lot under the 27
Planning Act. 28
referral agency's response means an advice agency's 29
response or a concurrence agency's response under the 30
Planning Act. 31
Page 85
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 49]
regional ecosystem map see section 20A. 1
regional ecosystem number, for a regional ecosystem, means 2
the regional ecosystem number that is established under the 3
Regional Ecosystem Description Database. 4
Note-- 5
The Regional Ecosystem Description Database is a database containing 6
regional ecosystem numbers and descriptions of the regional 7
ecosystems that is maintained by the Queensland Herbarium. The 8
database is available on the department's website at 9
. 10
registered area of agriculture map see section 20AD. 11
regrowth clearing authorisation see section 19ZA(1). 12
regrowth vegetation code see section 19S(1). 13
regrowth vegetation map see section 20AB. 14
regulated regrowth vegetation-- 15
1 Regulated regrowth vegetation is regrowth vegetation-- 16
(a) identified on the regrowth vegetation map as high 17
value regrowth vegetation; or 18
(b) located within 50m of a watercourse identified on 19
the regrowth vegetation map as a regrowth 20
watercourse; or 21
(c) contained in a category C area shown on a PMAV. 22
2 The exact location of a watercourse mentioned in 23
paragraph 1(b) depends upon the location of the 24
watercourse from time to time. 25
relevant entity, for part 2, division 4C, see section 19Y. 26
relevant PMAV application, for part 4, division 4, see section 27
68CA. 28
relevant vegetation map, for part 4, division 4, see section 29
68CA. 30
remnant map see section 20AA. 31
Page 86
Vegetation Management and Other Legislation Amendment Bill 2009
Part 2 Amendment of Vegetation Management Act 1999
[s 49]
remnant vegetation means vegetation, part of which forms 1
the predominant canopy of the vegetation-- 2
(a) covering more than 50% of the undisturbed predominant 3
canopy; and 4
(b) averaging more than 70% of the vegetation's 5
undisturbed height; and 6
(c) composed of species characteristic of the vegetation's 7
undisturbed predominant canopy. 8
repealed Moratorium Act means the Vegetation Management 9
(Regrowth Clearing Moratorium) Act 2009. 10
restoration notice see section 54B(2). 11
restoration plan see section 55AA(b). 12
review decision see section 63A(1)(b). 13
stop work notice see section 54A(2). 14
trespass notice means a trespass notice under the Land Act 15
1994, section 406. 16
vegetation category area see section 20AK(3). 17
vegetation management map means each of the following-- 18
(a) regional ecosystem map; 19
(b) remnant map; 20
(c) regrowth vegetation map; 21
(d) essential habitat map; 22
(e) registered area of agriculture map. 23
vegetation management offset see section 22DG(1).'. 24
(3) Schedule, definition forest practice, paragraph 1(b)(i), `a code 25
applying to a native forest practice'-- 26
omit, insert-- 27
`the native forest practice code'. 28
(4) Schedule, definition forest practice, paragraph 1(b)(ii), `there 29
is no code'-- 30
Page 87
Vegetation Management and Other Legislation Amendment Bill 2009
Part 3 Amendment of Integrated Planning Act 1997
[s 50]
omit, insert-- 1
`the native forest practice code does not apply to the 2
activities'. 3
(5) Schedule, definition property vegetation management plan, 4
after `application'-- 5
insert-- 6
`or concurrence agency application'. 7
Part 3 Amendment of Integrated 8
Planning Act 1997 9
Clause 50 Act amended 10
This part amends the Integrated Planning Act 1997. 11
Clause 51 Amendment of sch 8 (Assessable development and 12
self-assessable development) 13
(1) Schedule 8, part 1, table 4, item 1A(f), `remnant vegetation; 14
or'-- 15
omit, insert-- 16
`-- 17
(i) shown on the regional ecosystem map or remnant 18
map as remnant vegetation; or 19
(ii) regulated regrowth vegetation; or'. 20
(2) Schedule 8, part 1, table 4, item 1A(g) to (h)-- 21
omit, insert-- 22
`(g) for urban purposes in an urban area and the vegetation 23
is-- 24
(i) an of concern regional ecosystem or a least 25
concern regional ecosystem-- 26
Page 88
Vegetation Management and Other Legislation Amendment Bill 2009
Part 3 Amendment of Integrated Planning Act 1997
[s 51]
(A) shown on a property map of assessable 1
vegetation for the area as a category B area; 2
or 3
(B) if there is no property map of assessable 4
vegetation for the area--shown on a regional 5
ecosystem map or remnant map as remnant 6
vegetation; or 7
(ii) regulated regrowth vegetation; or 8
(ga) for urban purposes in an urban area in a wild river high 9
preservation area and the vegetation is-- 10
(i) remnant vegetation, shown on a regional 11
ecosystem map or remnant map, that is an of 12
concern regional ecosystem or least concern 13
regional ecosystem; or 14
(ii) shown on a regional ecosystem map or remnant 15
map as other than remnant vegetation; or 16
(iii) regulated regrowth vegetation; or 17
(h) necessary for routine management in an area of the land 18
and the vegetation is-- 19
(i) a least concern regional ecosystem-- 20
(A) shown on a property map of assessable 21
vegetation for the area as a category B area; 22
or 23
(B) if there is no property map of assessable 24
vegetation for the area--shown on a regional 25
ecosystem map or remnant map as remnant 26
vegetation; or 27
(ii) regulated regrowth vegetation; or'. 28
(3) Schedule 8, part 1, table 4, item 1A-- 29
insert-- 30
`(m) clearing of regulated regrowth vegetation under the 31
regrowth vegetation code or a regrowth clearing 32
authorisation, other than if the vegetation is shown on a 33
Page 89
Vegetation Management and Other Legislation Amendment Bill 2009
Part 3 Amendment of Integrated Planning Act 1997
[s 51]
property map of assessable vegetation for an area of the 1
land as a category A area; or 2
(n) for development that is for an extractive industry under 3
VMA, section 22A(3) in a key resource area to the 4
extent it involves clearing regulated regrowth 5
vegetation, other than if the vegetation is shown on a 6
property map of assessable vegetation for an area of the 7
land as a category A area; or 8
(o) for development that is a significant community project 9
to the extent it involves clearing regulated regrowth 10
vegetation, other than if the vegetation is shown on a 11
property map of assessable vegetation for an area of the 12
land as a category A area.'. 13
(4) Schedule 8, part 1, table 4, item 1B(e) and (f)-- 14
omit, insert-- 15
`(e) in an area for which there is no property map of 16
assessable vegetation and the vegetation is not-- 17
(i) shown on the regional ecosystem map or remnant 18
map as remnant vegetation; or 19
(ii) regulated regrowth vegetation; or 20
(f) clearing of regulated regrowth vegetation under the 21
regrowth vegetation code or a regrowth clearing 22
authorisation, other than if the vegetation is shown on a 23
property map of assessable vegetation for an area of the 24
land as a category A area; or 25
(fa) necessary for routine management in an area of the land 26
and the vegetation is-- 27
(i) a least concern regional ecosystem-- 28
(A) shown on a property map of assessable 29
vegetation for the area as a category B area; 30
or 31
(B) if there is no property map of assessable 32
vegetation for the area--shown on a regional 33
Page 90
Vegetation Management and Other Legislation Amendment Bill 2009
Part 3 Amendment of Integrated Planning Act 1997
[s 51]
ecosystem map or remnant map as remnant 1
vegetation; or 2
(ii) regulated regrowth vegetation; or'. 3
(5) Schedule 8, part 1, table 4, item 1B-- 4
insert-- 5
`(h) for development that is for an extractive industry under 6
VMA, section 22A(3) in a key resource area to the 7
extent it involves clearing regulated regrowth 8
vegetation, other than if the vegetation is shown on a 9
property map of assessable vegetation for an area of the 10
land as a category A area; or 11
(i) for development that is a significant community project 12
to the extent it involves clearing regulated regrowth 13
vegetation, other than if the vegetation is shown on a 14
property map of assessable vegetation for an area of the 15
land as a category A area.'. 16
(6) Schedule 8, part 1, table 4, item 1D(a), after `local 17
government'-- 18
insert-- 19
`or the department that administers the Transport 20
Infrastructure Act 1994'. 21
(7) Schedule 8, part 1, table 4, item 1D(a)(ii)-- 22
omit, insert-- 23
`(ii) in an urban area and the vegetation is-- 24
(A) a least concern regional ecosystem shown on 25
a regional ecosystem map or remnant map as 26
remnant vegetation; or 27
(B) shown on a regional ecosystem map or a 28
remnant map as other than remnant 29
vegetation; or'. 30
Page 91
Vegetation Management and Other Legislation Amendment Bill 2009
Part 3 Amendment of Integrated Planning Act 1997
[s 52]
Clause 52 Amendment of sch 10 (Dictionary) 1
(1) Schedule 10, definitions category 2 area, category 3 area, 2
category 4 area, native vegetation, remnant endangered 3
regional ecosystem, remnant not of concern regional 4
ecosystem, remnant of concern regional ecosystem and urban 5
area-- 6
omit. 7
(2) Schedule 10-- 8
insert-- 9
`category A area means a category A area under VMA. 10
category B area means a category B area under VMA. 11
category C area means a category C area under VMA. 12
key resource area means an area identified as a key resource 13
area in the document called `State Planning Policy 2/07-- 14
Protection of Extractive Resources', a State planning policy 15
under the Planning Act that took effect on 3 September 2007. 16
Editor's note-- 17
At the commencement of this definition, the document can be inspected 18
on the Department of Infrastructure and Planning's website at 19
. 20
native forest practice code means the native forest practice 21
code under VMA, section 19O(1). 22
native vegetation means vegetation under VMA. 23
significant community project means a significant 24
community project under VMA, section 10(5). 25
regrowth clearing authorisation means a regrowth clearing 26
authorisation under VMA, section 19ZA(1). 27
regrowth vegetation code means the regrowth vegetation code 28
under VMA, section 19S(1). 29
regrowth vegetation map means the regrowth vegetation map 30
under VMA, section 20AB. 31
regulated regrowth vegetation means regulated regrowth 32
vegetation under VMA. 33
Page 92
Vegetation Management and Other Legislation Amendment Bill 2009
Part 3 Amendment of Integrated Planning Act 1997
[s 52]
urban area means-- 1
(a) an area identified in a gazette notice by the chief 2
executive under VMA as an urban area; or 3
(b) if no gazette notice has been published--an area 4
identified as an area intended specifically for urban 5
purposes, including future urban purposes (but not rural 6
residential or future rural residential purposes) on a map 7
in a planning scheme that-- 8
(i) identifies the areas using cadastral boundaries; and 9
(ii) is used exclusively or primarily to assess 10
development applications. 11
Example of a map for paragraph (b)-- 12
a zoning map'. 13
(3) Schedule, definition forest practice, paragraph 1(b)(i), `a code 14
applying to a native forest practice'-- 15
omit, insert-- 16
`the native forest practice code'. 17
(4) Schedule, definition forest practice, paragraph 1(b)(ii), `there 18
is no code'-- 19
omit, insert-- 20
`the native forest practice code does not apply to the 21
activities'. 22
(5) Schedule 10, definition routine management-- 23
insert-- 24
`(ca) by the lessee of land subject to a lease issued under the 25
Land Act 1994 for agriculture or grazing purposes to 26
source construction timber, other than commercial 27
timber, for establishing necessary infrastructure on the 28
land if-- 29
(i) the clearing does not cause land degradation as 30
defined under VMA; and 31
Page 93
Vegetation Management and Other Legislation Amendment Bill 2009
Part 3 Amendment of Integrated Planning Act 1997
[s 52]
(ii) restoration of a similar type, and to the extent of 1
the removed trees, is ensured; or'. 2
(6) Schedule 10, definition specified activity, paragraph (ab)-- 3
omit, insert-- 4
(ab) clearing an area of vegetation that is less than 0.5ha 5
within a watercourse or lake for an activity (other than 6
an activity relating to a material change of use of 7
premises or the reconfiguring of a lot) that is subject to 8
an approval process and is approved under this or 9
another Act, or is carried out under the document called 10
`Guideline--Activities in a watercourse, lake or spring 11
carried out by an entity' approved by the chief executive 12
of the department that administers the Water Act 2000, if 13
the area is-- 14
(i) a least concern regional ecosystem-- 15
(A) shown on a regional ecosystem map or 16
remnant map as remnant vegetation; or 17
(B) shown on a property map of assessable 18
vegetation as a category B area; or 19
(ii) shown on a property map of assessable vegetation 20
as a category X area; or 21
(iii) shown on a regional ecosystem map or remnant 22
map as other than remnant vegetation; or 23
(ac) clearing vegetation in an area declared under VMA, 24
section 19F if the clearing is carried out under the 25
management plan for the area; or 26
(ad) clearing vegetation under a land management agreement 27
for a lease under the Land Act 1994; or'. 28
Page 94
Vegetation Management and Other Legislation Amendment Bill 2009
Part 4 Amendment of Land Act 1994
[s 53]
Part 4 Amendment of Land Act 1994 1
Clause 53 Act amended in pt 4 and schedule 2
This part and the schedule amend the Land Act 1994. 3
Clause 54 Amendment of s 431NB (Application of pt 3B) 4
Section 431NB(1)(a)(ii), `November 2009'-- 5
omit, insert-- 6
`May 2010'. 7
Clause 55 Amendment of s 431NF (Limit on application of s 358 8
(Changing deeds of grant--change in description or 9
boundary of land)) 10
Section 431NF, `November 2009'-- 11
omit, insert-- 12
`May 2010'. 13
Part 5 Amendment of Land Title Act 14
1994 15
Clause 56 Act amended 16
This part amends the Land Title Act 1994. 17
Clause 57 Amendment of s 191B (Application of pt 10A) 18
Section 191B(1)(a)(ii), `November 2009'-- 19
omit, insert-- 20
`May 2010'. 21
Page 95
Vegetation Management and Other Legislation Amendment Bill 2009
Part 6 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)
Amendment Act 2009
[s 58]
Part 6 Amendment of Queensland 1
Civil and Administrative 2
Tribunal (Jurisdiction 3
Provisions) Amendment Act 4
2009 5
Clause 58 Act amended 6
This part amends the Queensland Civil and Administrative 7
Tribunal (Jurisdiction Provisions) Amendment Act 2009. 8
Clause 59 Omission of ch 6, pt 10 (Amendment of Vegetation 9
Management Act 1999) 10
Chapter 6, part 10-- 11
omit. 12
Note-- 13
The legislation ultimately amended is the Vegetation Management Act 14
1999. 15
Part 7 Amendment of Sustainable 16
Planning Act 2009 17
Clause 60 Act amended 18
This part amends the Sustainable Planning Act 2009. 19
Clause 61 Amendment of sch 3 (Dictionary) 20
(1) Schedule 3, definition forest practice, paragraph 1(b)(i), `a 21
code applying to a native forest practice'-- 22
omit, insert-- 23
`the native forest practice code'. 24
Page 96
Vegetation Management and Other Legislation Amendment Bill 2009
Part 8 Miscellaneous
[s 62]
(2) Schedule 3, definition forest practice, paragraph 1(b)(ii), 1
`there is no code'-- 2
omit, insert-- 3
`the native forest practice code does not apply to the 4
activities'. 5
(3) Schedule 3, definition native vegetation-- 6
omit. 7
(4) Schedule 3-- 8
insert-- 9
`native forest practice code means the native forest practice 10
code under the Vegetation Management Act, section 19O(1). 11
native vegetation means vegetation under the Vegetation 12
Management Act.'. 13
Part 8 Miscellaneous 14
Clause 62 Act repealed 15
The Vegetation Management (Regrowth Clearing 16
Moratorium) Act 2009, No. 6 is repealed. 17
Clause 63 Laws amended in the schedule 18
The schedule amends the laws it mentions. 19
Page 97
Vegetation Management and Other Legislation Amendment Bill 2009
Schedule
Schedule Consequential and minor 1
amendments 2
section 63 3
Land Act 1994 4
1 Section 373F, definition natural resource, after `notice'-- 5
insert-- 6
`given for a tree clearing offence under this Act as in force 7
immediately before the commencement of the Vegetation 8
Management and Other Legislation Act 2004, section 3'. 9
State Development and Public Works Organisation 10
Act 1971 11
1 Section 26(3)(b), from `matter'-- 12
omit, insert-- 13
`relevant purpose under the Vegetation Management Act 1999, 14
section 22A, other than subsection (2)(a) of that section.'. 15
Vegetation Management Act 1999 16
1 Section 11(2), `for vegetation management mentioned in 17
section 10'-- 18
omit. 19
2 Section 19(1)(e) and (f)-- 20
renumber as section 19(1)(d) and (e). 21
Page 98
Vegetation Management and Other Legislation Amendment Bill 2009
Schedule
3 Section 20G, heading, `maps'-- 1
omit, insert-- 2
`PMAV'. 3
4 Section 20G, `property map of assessable vegetation'-- 4
omit, insert-- 5
`PMAV'. 6
5 Section 22(4), `under the Planning Act'-- 7
omit. 8
6 Section 22LC, heading, `Not of concern'-- 9
omit, insert-- 10
`Least concern'. 11
7 Section 22LC(1), `not of concern'-- 12
omit, insert-- 13
`least concern'. 14
8 Section 25(1)(b)-- 15
omit, insert-- 16
`(b) giving stop work notices and restoration notices.'. 17
9 Section 30(1)(c)(i)(C), `compliance'-- 18
omit, insert-- 19
`stop work notice or restoration'. 20
Page 99
Vegetation Management and Other Legislation Amendment Bill 2009
Schedule
10 Section 30(1)(d), `compliance'-- 1
omit, insert-- 2
`stop work'. 3
11 Section 30(3), `Subsection (1)(ba)'-- 4
omit, insert-- 5
`Subsection (1)(c)'. 6
12 Section 36(5), `compliance'-- 7
omit, insert-- 8
`stop work'. 9
13 Part 3, division 3, heading-- 10
omit, insert-- 11
`Division 3 General offences'. 12
14 Schedule, definition area of high nature conservation 13
value, from `under'-- 14
omit, insert-- 15
`under-- 16
(a) a declaration made by the Governor in Council under 17
section 17; or 18
(b) an interim declaration made by the Minister under 19
section 18; or 20
(c) a declaration made by the chief executive under section 21
19F.'. 22
15 Schedule, definition area vulnerable to land degradation, 23
from `under'-- 24
omit, insert-- 25
Page 100
Vegetation Management and Other Legislation Amendment Bill 2009
Schedule
`under-- 1
(a) a declaration made by the Governor in Council under 2
section 17; or 3
(b) an interim declaration made by the Minister under 4
section 18; or 5
(c) a declaration made by the chief executive under section 6
19F.'. 7
16 Schedule, definition vegetation clearing application, `as 8
defined under the Planning Act'-- 9
omit. 10
17 Schedule, definition vegetation clearing application, `that 11
Act'-- 12
omit, insert-- 13
`the Planning Act'. 14
Vegetation Management Regulation 2000 15
1 After section 3-- 16
insert-- 17
`3A Approval of regrowth vegetation code--Act, s 19T 18
`The document called `Regrowth Vegetation Code--On 19
Freehold and indigenous land and leasehold land for 20
agriculture and grazing--version 1' is approved as the 21
regrowth vegetation code. 22
Note-- 23
The regrowth vegetation code takes effect on 8 October 2009. 24
Page 101
Vegetation Management and Other Legislation Amendment Bill 2009
Schedule
`3B Approval of particular vegetation management 1
maps--Act, s 20AG 2
`(1) The map called `Regrowth Vegetation Map--version 1', 3
certified by the chief executive on 8 October 2009, is 4
approved as the regrowth vegetation map. 5
Note-- 6
The regrowth vegetation map takes effect on 8 October 2009. 7
`(2) The map called `Essential Habitat Map--version 2.1a', 8
certified by the chief executive on 8 October 2009, is 9
approved as the essential habitat map. 10
Note-- 11
The essential habitat map takes effect on 8 October 2009.'. 12
© State of Queensland 2009
Page 102
AMENDMENTS TO BILL
Vegetation Management and Other Legislation Amendment Bill 2009
Vegetation Management and Other
Legislation Amendment Bill 2009
Amendments agreed to during Consideration
1 Clause 6 (Insertion of new pt 2, div 2A)--
Page 15, line 9, from `policy'--
omit, insert--
`policy.
`(4) In this section--
development approval means a development approval under
the Planning Act for--
(a) a concurrence agency application; or
(b) a vegetation clearing application.'.'.
2 Clause 16 (Replacement of s 20A (Forest practice
codes))--
Page 29, line 12, after `of'--
insert--
`vegetation shown on the regional ecosystem map or remnant
map as'.
3 Clause 16 (Replacement of s 20A (Forest practice
codes))--
Page 29, line 29, after `of'--
insert--
`vegetation shown on the regrowth vegetation map as high
value'.
Page 1
Vegetation Management and Other Legislation Amendment Bill 2009
4 Clause 16 (Replacement of s 20A (Forest practice
codes))--
Page 31, line 19, `that are'--
omit, insert--
`and the vegetation in the area is shown on the regional
ecosystem map or remnant map as'.
5 Clause 17 (Insertion of new ss 20AK20AO)--
Page 36, line 2, after `vegetation'--
insert--
`or vegetation shown on the regional ecosystem map or
remnant map as remnant vegetation'.
6 Clause 27 (Amendment of s 22A (Particular vegetation
clearing applications may be assessed))--
Page 45, line 4, after `vegetation'--
insert--
`on freehold land, indigenous land or leases issued under the
Land Act 1994 for agriculture or grazing purposes'.
7 Clause 28 (Insertion of new pt 2, div 6, sdiv 2)--
Page 48, line 3, after `application'--
insert--
`to the extent the development is not for a relevant purpose
under section 22A other than subsection (2B) of that section'.
8 Clause 29 (Insertion of new pt 2, div 6A)--
Page 50, line 4, `vegetation clearing'--
omit.
Page 2
Vegetation Management and Other Legislation Amendment Bill 2009
9 Clause 29 (Insertion of new pt 2, div 6A)--
Page 50, line 6, `development'--
omit.
10 After clause 43
Page 66, after line 11--
insert--
`43A Amendment of s 70A (Application of development
approvals and exemptions for Forestry Act)
`(1) Section 70(3), `of remnant vegetation on forestry land'--
omit, insert--
`on forestry land of vegetation shown on the regional
ecosystem map or remnant map as remnant vegetation'.
`(2) Section 70(4), `of vegetation, that is not remnant vegetation,
on forestry land'--
omit, insert--
`on forestry land of vegetation shown on the regional
ecosystem map or remnant map as other than remnant
vegetation'.'.
11 Clause 48 (Insertion of new pt 6, div 7)--
Page 77, lines 19 and 20, from `The' to `application'--
omit, insert--
`If a development approval under the Planning Act is given for
the development, the regulated regrowth vegetation may be
cleared under the development approval'.
12 Clause 49 (Amendment of schedule (Dictionary))--
Page 82, line 17, after `notice,'--
insert--
`development approval,'.
Page 3
Vegetation Management and Other Legislation Amendment Bill 2009
13 Clause 49 (Amendment of schedule (Dictionary))--
Page 83, after line 15--
insert--
`development approval--
1 Generally, a development approval is a development
approval under the Planning Act for a vegetation
clearing application.
2 For part 2, division 6A, the term also includes a
development approval under the Planning Act for a
concurrence agency application.'.
14 Clause 49 (Amendment of schedule (Dictionary))--
Page 86, line 16, `is regrowth'--
omit, insert--
`is'.
© State of Queensland 2009
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