Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
VEGETATION
MANAGEMENT BILL 1999
Queensland
VEGETATION MANAGEMENT BILL 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Advancing the Act's purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 2--VEGETATION MANAGEMENT
Division 1--Key concepts
8 What is vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 What is vegetation management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--State policy for vegetation management
10 State policy for vegetation management . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Regional vegetation management plans
11 Obligation to prepare and make regional vegetation management plans . . 11
12 Content of regional vegetation management plan . . . . . . . . . . . . . . . . . . . . 11
13 Consultation for regional vegetation management plan . . . . . . . . . . . . . . . . 12
14 Public notice of preparation of regional vegetation management plan . . . . 12
15 Making regional vegetation management plan . . . . . . . . . . . . . . . . . . . . . . . 12
Division 4--Declaration of areas of high nature conservation value
and areas vulnerable to land degradation
16 Preparing declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Making declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Vegetation Management
18 Interim declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Criteria for declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 5--Declarations about codes for IDAS
20 Regional vegetation management plans are codes for IDAS . . . . . . . . . . . . 15
Division 6--Modifying effect of Integrated Planning Act 1997
21 Modifying effect on development applications . . . . . . . . . . . . . . . . . . . . . . . 16
22 Declaration for the Integrated Planning Act 1997, s 1.3.4 . . . . . . . . . . . . . . 17
23 Transitional modifying effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 3--ENFORCEMENT, INVESTIGATIONS AND OFFENCES
Division 1--Enforcement and investigations
Subdivision 1--Authorised officers
24 Appointment and qualifications of authorised officers . . . . . . . . . . . . . . . . . 18
25 Functions and powers of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Conditions of appointment of authorised officers . . . . . . . . . . . . . . . . . . . . . 18
27 Authorised officer's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 2--Power to enter places
30 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Subdivision 3--Procedure for entry
31 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
32 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
33 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Subdivision 4--Powers after entering a place
36 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
38 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 5--Power to seize evidence
39 Seizing evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
3
Vegetation Management
41 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
42 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
43 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
44 Forfeiture by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
45 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
47 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
48 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Subdivision 6--Power to obtain information
49 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
50 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
52 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
53 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 7--Power to require compliance
55 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2--Other enforcement provisions
56 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
57 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 3--Offences
58 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
60 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
61 Ability to prosecute under other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 4--APPEALS AND LEGAL PROCEEDINGS
Division 1--Appeals
62 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
63 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2--Evidence
64 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
65 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4
Vegetation Management
66 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 3--Proceedings
68 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 5--MISCELLANEOUS
69 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
70 Regional vegetation management committees . . . . . . . . . . . . . . . . . . . . . . . 41
71 Protecting officials from civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
72 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 6--TRANSITIONAL PROVISIONS
73 Existing development approvals and applications for development
approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
74 Existing development control plans and special facilities zones . . . . . . . . 42
PART 7--AMENDMENT OF INTEGRATED PLANNING ACT
1997
75 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
76 Amendment of s 1.3.5 (Definitions for terms used in "development") . . . . 43
77 Amendment of s 3.2.3 (Acknowledgment notices generally) . . . . . . . . . . . . 43
78 Amendment of s 3.3.15 (Referral agency assesses application) . . . . . . . . . 43
79 Amendment of s 3.3.18 (Concurrence agency's response powers) . . . . . . . 44
80 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
81 Amendment of s 4.1.33 (Stay of operation of enforcement notice) . . . . . . . 45
82 Amendment of s 4.3.8 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . . 45
83 Amendment of s 4.3.26 (Effect of orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
84 Amendment of sch 8 (Assessable, self-assessable and exempt
development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
85 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
PART 8--AMENDMENT OF LAND ACT 1994
86 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
87 Amendment of s 214 (Land protection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
88 Amendment of s 252 (Object of part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
89 Amendment of s 253 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
90 Amendment of s 255 (Tree clearing permit needed) . . . . . . . . . . . . . . . . . . 50
5
Vegetation Management
91 Amendment of s 257 (When tree clearing permit is not needed) . . . . . . . . 51
92 Amendment of s 260 (How application for tree clearing permit made) . . . 51
93 Amendment of s 261 (Tree management plan) . . . . . . . . . . . . . . . . . . . . . . . 51
94 Amendment of s 262 (Issues chief executive must consider) . . . . . . . . . . . 51
95 Amendment of s 270 (Conditions of clearing) . . . . . . . . . . . . . . . . . . . . . . . 52
96 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 53
DICTIONARY
1999
A BILL
FOR
An Act about the management of vegetation on freehold land
s1 8 s3
Vegetation Management
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
1. This Act may be cited as the Vegetation Management Act 1999. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
of Act 7
Purposes
3.(1) The purposes of this Act are to regulate the clearing of vegetation on 8
freehold land to-- 9
(a) preserve the following-- 10
(i) remnant endangered regional ecosystems; 11
(ii) remnant of concern regional ecosystems; 12
(iii) vegetation in areas of high nature conservation value and 13
areas vulnerable to land degradation; and 14
(b) ensure that the clearing does not cause land degradation; and 15
(c) maintain or increase biodiversity; and 16
(d) maintain ecological processes; and 17
(e) allow for ecologically sustainable land use. 18
(2) The purposes are achieved mainly by providing for-- 19
(a) codes for the Integrated Planning Act 1997 relating to the clearing 20
of vegetation that are applicable codes for the assessment of 21
development applications under IDAS; and 22
(b) the enforcement of vegetation clearing provisions. 23
s4 9 s7
Vegetation Management
the Act's purposes 1
Advancing
4. If, under this Act, a function or power is conferred on an entity, the 2
entity must perform the function or exercise the power in a way that 3
advances this Act's purposes. 4
5
Definitions
5. The dictionary in the schedule defines particular words used in this 6
Act. 7
binds all persons 8
Act
6. This Act binds all persons, including the State, and, so far as the 9
legislative power of the Parliament permits, the Commonwealth and the 10
other States. 11
of Act 12
Application
7.(1) This Act only applies to vegetation on freehold land.1 13
(2) This Act does not prevent a local law from imposing requirements on 14
the clearing of vegetation in its local government area. 15
(3) The requirements mentioned in subsection (2) are unaffected by the 16
Local Government Act 1993, section 31.2 17
(4) The Local Government Act 1993, section 31 is subject to 18
subsection (3). 19
(5) This Act does not prevent a local planning instrument under the 20
Integrated Planning Act 1997 from imposing requirements on the clearing 21
of vegetation in its local government area. 22
(6) The requirements mentioned in subsection (5) are unaffected by the 23
Integrated Planning Act 1997, section 3.1.3. 24
(7) The Integrated Planning Act 1997, section 3.1.3 is subject to 25
subsection (6). 26
1 See schedule (Dictionary), definition "freehold land".
2 Local Government Act 1993, section 31 (Inconsistency with State law)
s8 10 s 10
Vegetation Management
PART 2--VEGETATION MANAGEMENT 1
1--Key concepts 2
Division
is vegetation 3
What
8. "Vegetation" is-- 4
(a) a native tree; or 5
(b) a native plant, other than a grass or mangrove. 6
is vegetation management 7
What
9.(1) "Vegetation management" is the management of vegetation in a 8
way that achieves the purposes of this Act. 9
(2) For subsection (1), the management of vegetation may include, for 10
example, the following-- 11
(a) the retention or maintenance of vegetation to-- 12
(i) avoid land degradation; or 13
(ii) maintain or increase biodiversity; or 14
(iii) maintain ecological processes; 15
(b) the retention of riparian vegetation; 16
(c) the retention of vegetation clumps or corridors. 17
2--State policy for vegetation management 18
Division
policy for vegetation management 19
State
10.(1) The Minister must prepare a policy for vegetation management on 20
freehold land for the State. 21
(2) Without limiting subsection (1), the policy must-- 22
(a) state outcomes for vegetation management and actions proposed 23
to achieve the outcomes; and 24
s 11 11 s 12
Vegetation Management
(b) include a code for the clearing of vegetation. 1
(3) The Governor in Council, by gazette notice, may approve the policy. 2
(4) The chief executive must keep a copy of the policy available for 3
inspection-- 4
(a) at the department's head office and regional offices at all times 5
when the offices are open for the transaction of public business; 6
and 7
(b) on the department's web site on the Internet. 8
(5) On payment of a fee, a person may buy a copy of the policy. 9
(6) The fee for the copy of the policy must not be more than the 10
reasonable cost of publishing the copy. 11
(7) The policy is not subordinate legislation. 12
Division 3--Regional vegetation management plans 13
to prepare and make regional vegetation management 14
Obligation
plans 15
11. The Minister must prepare and make regional vegetation 16
management plans for vegetation management on freehold land in regions 17
of the State. 18
of regional vegetation management plan 19
Content
12.(1) A regional vegetation management plan must-- 20
(a) state the region for which it is made; and 21
(b) state outcomes for vegetation management and actions proposed 22
to achieve the outcomes; and 23
(c) include a code for the clearing of vegetation. 24
(2) A regional vegetation management plan may declare an area in the 25
region to be-- 26
(a) an area of high nature conservation value; or 27
s 13 12 s 15
Vegetation Management
(b) an area vulnerable to land degradation. 1
(3) Subsections (1) and (2) do not limit what may be included in a 2
regional vegetation management plan. 3
for regional vegetation management plan 4
Consultation
13. The Minister must consult with the following entities in preparing a 5
regional vegetation management plan-- 6
(a) an advisory committee established to advise the Minister about 7
vegetation management; 8
(b) the relevant regional vegetation management committee; 9
(c) each local government whose area is affected by the plan. 10
notice of preparation of regional vegetation management plan 11
Public
14.(1) After preparing the plan, the Minister must give notice of the 12
preparation of the plan. 13
(2) The notice must-- 14
(a) be published in a newspaper the Minister considers appropriate; 15
and 16
(b) state the places where copies of the plan-- 17
(i) may be inspected; or 18
(ii) bought on payment of the reasonable fee decided by the chief 19
executive; and 20
(c) invite submissions on the plan; and 21
(d) state a day by which submissions may be made on the contents of 22
the plan. 23
regional vegetation management plan 24
Making
15.(1) The Minister, by gazette notice, after considering any submissions 25
made about the draft plan, must make the plan, or the plan as amended, as a 26
regional vegetation management plan. 27
s 16 13 s 17
Vegetation Management
(2) The regional vegetation management plan made under subsection (1) 1
is the regional vegetation management plan for the region for which it is 2
made. 3
(3) The chief executive must keep a copy of the regional vegetation 4
management plan available for inspection-- 5
(a) at the department's head office and regional offices at all times 6
when the offices are open for the transaction of public business; 7
and 8
(b) on the department's web site on the Internet. 9
(4) On payment of a fee, a person may buy a copy of the plan. 10
(5) The fee for the copy of the plan must not be more than the reasonable 11
cost of publishing the copy. 12
(6) The plan is not subordinate legislation. 13
4--Declaration of areas of high nature conservation value and 14
Division
areas vulnerable to land degradation 15
declaration 16
Preparing
16.(1) The Minister may prepare a declaration that a stated area is-- 17
(a) an area of high nature conservation value; or 18
(b) an area vulnerable to land degradation. 19
(2) The Minister must consult with the following entities in preparing the 20
declaration-- 21
(a) an advisory committee established to advise the Minister about 22
vegetation management; 23
(b) any relevant regional vegetation management committee; 24
(c) each local government whose area is affected by the declaration. 25
declaration 26
Making
17.(1) The Governor in Council, by gazette notice, may declare-- 27
s 18 14 s 19
Vegetation Management
(a) an area mentioned in section 16(1)(a) to be an area of high nature 1
conservation value; or 2
(b) an area mentioned in section 16(1)(b) to be an area vulnerable to 3
land degradation. 4
(2) The chief executive must keep a copy of the declaration available for 5
inspection-- 6
(a) at the department's head office and regional offices at all times 7
when the offices are open for the transaction of public business; 8
and 9
(b) on the department's web site on the Internet. 10
(3) On payment of a fee, a person may buy a copy of the declaration. 11
(4) The fee for the copy of the declaration must not be more than the 12
reasonable cost of publishing the copy. 13
(5) The declaration is not subordinate legislation. 14
declaration 15
Interim
18.(1) The Minister, by gazette notice, may make an interim declaration 16
that a stated area is-- 17
(a) an area of high nature conservation value; or 18
(b) an area vulnerable to land degradation. 19
(2) The Minister may make the interim declaration only if the Minister 20
considers that urgent action is needed to protect the area. 21
(3) The interim declaration must state it is an interim declaration and the 22
date, not more than 3 months after it is made, on which it expires. 23
(4) The interim declaration is not subordinate legislation. 24
for declarations 25
Criteria
19.(1) The Minister may declare, or provide for a declaration of, an area 26
to be an area of high nature conservation value only if the Minister considers 27
the area is 1 or more of the following-- 28
(a) a wildlife refugium; 29
s 20 15 s 20
Vegetation Management
(b) a centre of endemism; 1
(c) an area containing a vegetation clump or corridor that contributes 2
to the maintenance of biodiversity; 3
(d) an area of regrowth vegetation that, if retained, will enhance an 4
endangered regional ecosystem stated in the notice; 5
(e) an area of high biodiversity; 6
(f) an area that contributes to the conservation value of a wetland, 7
lake or spring stated in the notice. 8
(2) The Minister may declare, or provide for a declaration of, an area to 9
be an area vulnerable to land degradation only if the Minister considers the 10
area is subject to 1 or more of the following-- 11
(a) soil erosion; 12
(b) rising water tables; 13
(c) the expression of salinity, whether inside or outside the area; 14
(d) mass movement by gravity of soil or rock; 15
(e) stream bank instability; 16
(f) a process that results in declining water quality. 17
Division 5--Declarations about codes for IDAS 18
vegetation management plans are codes for IDAS 19
Regional
20.(1) If a regional vegetation management plan is made for a region, the 20
part of the plan identified as a code for the clearing of vegetation is-- 21
(a) a code for IDAS for a development application for land in the 22
region; and 23
(b) an applicable code for the clearing of vegetation in the region. 24
(2) If a regional vegetation management plan is not made for a region, the 25
part of the State policy identified as a code for the clearing of vegetation is-- 26
(a) a code for IDAS for a development application for land in the 27
region; and 28
s 21 16 s 21
Vegetation Management
(b) an applicable code for the clearing of vegetation in the region. 1
6--Modifying effect of Integrated Planning Act 1997 2
Division
effect on development applications 3
Modifying
21.(1) This section applies for a development application. 4
(2) If the chief executive is the assessment manager for the application, a 5
property vegetation management plan is a mandatory requirement in 6
addition to the requirements stated in the Integrated Planning Act 1997, 7
section 3.2.1(3)(a). 8
(3) If the chief executive is a concurrence agency for the application, the 9
applicant must give the chief executive a property vegetation management 10
plan in addition to the things mentioned in section 3.3.3(1) of that Act. 11
(4) For the aspect of the application relating to the clearing of vegetation, 12
sections 3.3.18(4)(b) and 3.5.13(4)(b) 3 of that Act do not apply and the 13
official may take the action mentioned in the subsection whether or not 14
compliance with the laws and policies mentioned in the subsection can be 15
achieved by imposing conditions. 16
(5) For the aspect of the application relating to the clearing of vegetation, 17
section 3.5.13(2) of that Act does not apply and the assessment manager's 18
decision must not conflict with an applicable code. 19
(6) In this section-- 20
"official" means-- 21
(a) for the Integrated Planning Act 1997, section 3.3.18(4)--a 22
concurrence agency; or 23
(b) for the Integrated Planning Act 1997, section 3.5.13(4)--the 24
assessment manager. 25
3 Integrated Planning Act 1997, sections 3.3.18 (Concurrence agency's response
powers) and 3.5.13 (Decision if application requires code assessment)
s 22 17 s 23
Vegetation Management
for the Integrated Planning Act 1997, s 1.3.4 1
Declaration
22. To remove any doubt, it is declared that for the Integrated Planning 2
Act 1997, section 1.3.4, a use of premises does not include clearing 3
vegetation that is assessable development. 4
modifying effect 5
Transitional
23.(1) Despite the Integrated Planning Act 1997 a person may, on a 6
single development application made before 1 January 2001, apply for 7
development approval for only 1 of the following-- 8
(a) clearing vegetation only; 9
(b) other assessable development that may include the clearing of 10
vegetation as a natural and ordinary consequence of the 11
development. 12
13
Example of operation of subsection (1)--
14
If a person wants to build a piggery on 1 ha and clear 100 ha of vegetation to grow
15
grain for the pigs, the person must make 2 development
16
applications--1 application to the chief executive for clearing the 100 ha and the
17
other application to the local government for building the piggery.
18
Clearing vegetation on the 1 ha is a natural and ordinary consequence of building
19
the piggery and clearing the 100 ha to grow the grain is not a natural and ordinary
20
consequence of building the piggery.
(2) Despite the Integrated Planning Act 1997, any time frame within 21
which an application mentioned in subsection (1)(a) must be dealt with, 22
assessed or decided under that Act does not apply to the application. 23
(3) This section expires on 31 December 2000. 24
s 24 18 s 26
Vegetation Management
PART 3--ENFORCEMENT, INVESTIGATIONS AND 1
OFFENCES 2
1--Enforcement and investigations 3
Division
Subdivision 1--Authorised officers 4
and qualifications of authorised officers 5
Appointment
24.(1) The chief executive may appoint a person as an authorised officer. 6
(2) The chief executive may appoint a person as an authorised officer 7
only if the chief executive is satisfied the person has the necessary expertise 8
or experience to be an authorised officer. 9
and powers of authorised officers 10
Functions
25.(1) An authorised officer has the function of conducting investigations 11
and inspections to monitor and enforce compliance with-- 12
(a) this Act; and 13
(b) a vegetation clearing provision. 14
(2) An authorised officer has the powers given under this or another Act. 15
(3) An authorised officer is subject to the directions of the chief executive 16
in exercising the powers. 17
(4) The powers of an authorised officer may be limited-- 18
(a) under a regulation; or 19
(b) under a condition of appointment; or 20
(c) by notice of the chief executive given to the authorised officer. 21
of appointment of authorised officers 22
Conditions
26.(1) An authorised officer holds office on the conditions stated in the 23
officer's instrument of appointment. 24
s 27 19 s 29
Vegetation Management
(2) An authorised officer-- 1
(a) if the appointment provides for a term of appointment--ceases to 2
hold office at the end of the term; and 3
(b) may resign by signed notice of resignation given to the chief 4
executive. 5
officer's identity card 6
Authorised
27.(1) The chief executive must give each authorised officer an identity 7
card. 8
(2) The identity card must-- 9
(a) contain a recent photograph of the authorised officer; and 10
(b) be signed by the authorised officer; and 11
(c) identify the person as an authorised officer under this Act. 12
(3) This section does not prevent the giving of a single identity card to a 13
person for this Act and other Acts. 14
to return identity card 15
Failure
28. A person who ceases to be an authorised officer must return the 16
person's identity card to the chief executive as soon as practicable, but 17
within 15 business days, after ceasing to be an authorised officer, unless the 18
person has a reasonable excuse for not returning it. 19
Maximum penalty--10 penalty units. 20
or display of identity card 21
Production
29.(1) An authorised officer may exercise a power under this Act in 22
relation to someone else only if the authorised officer-- 23
(a) first produces his or her identity card for the person's inspection; 24
or 25
(b) has the identity card displayed so it is clearly visible to the person. 26
(2) If it is not practicable to comply with subsection (1), the authorised 27
s 30 20 s 31
Vegetation Management
officer must produce the identity card for the person's inspection at the first 1
reasonable opportunity. 2
Subdivision 2--Power to enter places 3
to enter places 4
Power
30.(1) An authorised officer may enter a place if-- 5
(a) its occupier consents to the entry; or 6
(b) it is a public place and the entry is made when it is open to the 7
public; or 8
(c) the entry is authorised by a warrant. 9
(2) For the purpose of asking the occupier of a place for consent to enter, 10
an authorised officer may, without the occupier's consent or a warrant-- 11
(a) enter land around premises at the place to an extent that is 12
reasonable to contact the occupier; or 13
(b) enter part of the place the authorised officer reasonably considers 14
members of the public ordinarily are allowed to enter when they 15
wish to contact the occupier. 16
3--Procedure for entry 17
Subdivision
with consent 18
Entry
31.(1) This section applies if an authorised officer intends to ask an 19
occupier of a place to consent to the authorised officer or another authorised 20
officer entering the place under section 30(1)(a). 21
(2) Before asking for the consent, the authorised officer must tell the 22
occupier-- 23
(a) the purpose of the entry; and 24
(b) that the occupier is not required to consent. 25
(3) If the consent is given, the authorised officer may ask the occupier to 26
sign an acknowledgment of the consent. 27
s 32 21 s 32
Vegetation Management
(4) The acknowledgment must state-- 1
(a) the occupier has been told-- 2
(i) the purpose of the entry; and 3
(ii) that the occupier is not required to consent; and 4
(b) the purpose of the entry; and 5
(c) the occupier gives the authorised officer consent to enter the place 6
and exercise powers under this division; and 7
(d) the time and date the consent was given. 8
(5) If the occupier signs the acknowledgment, the authorised officer must 9
immediately give a copy to the occupier. 10
(6) A court must find the occupier of a place did not consent to an 11
authorised officer entering the place under this division if-- 12
(a) an issue arises in a proceeding before the court whether the 13
occupier of the place consented to the entry under 14
section 30(1)(a); and 15
(b) an acknowledgment mentioned in subsection (4) is not produced 16
in evidence for the entry; and 17
(c) it is not proved by the person relying on the lawfulness of the 18
entry that the occupier consented to the entry. 19
for warrant 20
Application
32.(1) An authorised officer may apply to a magistrate for a warrant for a 21
place. 22
(2) The application must be sworn and state the grounds on which the 23
warrant is sought. 24
(3) The magistrate may refuse to consider the application until the 25
authorised officer gives the magistrate all the information the magistrate 26
requires about the application in the way the magistrate requires. 27
28
Example--
29
The magistrate may require additional information supporting the application to be
30
given by statutory declaration.
s 33 22 s 34
Vegetation Management
of warrant 1
Issue
33.(1) The magistrate may issue a warrant only if the magistrate is 2
satisfied there are reasonable grounds for suspecting-- 3
(a) there is a particular thing or activity (the "evidence") that may 4
provide evidence of a vegetation clearing offence; and 5
(b) the evidence is at the place, or, within the next 7 days, may be at 6
the place. 7
(2) The warrant must state-- 8
(a) that a stated authorised officer may, with necessary and 9
reasonable help and force-- 10
(i) enter the place and any other place necessary for the entry; 11
and 12
(ii) exercise the authorised officer's powers under this division; 13
and 14
(b) the offence for which the warrant is sought; and 15
(c) the evidence that may be seized under the warrant; and 16
(d) the hours of the day or night when the place may be entered; and 17
(e) the date, within 14 days after the warrant's issue, the warrant 18
ends. 19
warrants 20
Special
34.(1) An authorised officer may apply for a warrant (a "special 21
warrant") by phone, fax, radio or another form of communication if the 22
authorised officer considers it necessary because of-- 23
(a) urgent circumstances; or 24
(b) other special circumstances, including, for example, the 25
authorised officer's remote location. 26
(2) Before applying for the special warrant, the authorised officer must 27
prepare an application stating the grounds on which the warrant is sought. 28
(3) The authorised officer may apply for the special warrant before the 29
application is sworn. 30
s 34 23 s 34
Vegetation Management
(4) After issuing the special warrant, the magistrate must promptly fax a 1
copy (a "facsimile warrant") to the authorised officer if it is reasonably 2
practicable to fax the copy. 3
(5) If it is not reasonably practicable to fax a copy to the authorised 4
officer-- 5
(a) the magistrate must tell the authorised officer-- 6
(i) what the terms of the special warrant are; and 7
(ii) the date and time the special warrant is issued; and 8
(b) the authorised officer must complete a form of warrant (a 9
"warrant form") and write on it-- 10
(i) the magistrate's name; and 11
(ii) the date and time the magistrate issued the special warrant; 12
and 13
(iii) the terms of the special warrant. 14
(6) The facsimile warrant, or the warrant form properly completed by the 15
authorised officer, authorises the entry and the exercise of the other powers 16
stated in the special warrant issued. 17
(7) The authorised officer must, at the first reasonable opportunity, send 18
to the magistrate-- 19
(a) the sworn application; and 20
(b) if the authorised officer completed a warrant form--the 21
completed warrant form. 22
(8) On receiving the documents, the magistrate must attach them to the 23
special warrant. 24
(9) A court must find the exercise of the power by an authorised officer 25
was not authorised by a special warrant if-- 26
(a) an issue arises in a proceeding before the court whether the 27
exercise of the power was authorised by a special warrant 28
mentioned in subsection (1); and 29
(b) the special warrant is not produced in evidence; and 30
(c) it is not proved by the person relying on the lawfulness of the 31
entry that the authorised officer obtained the special warrant. 32
s 35 24 s 36
Vegetation Management
before entry 1
Warrants--procedure
35.(1) This section applies if an authorised officer named in a special 2
warrant issued under this division for a place is intending to enter the place 3
under the warrant. 4
(2) Before entering the place, the authorised officer must do or make a 5
reasonable attempt to do the following things-- 6
(a) identify himself or herself to a person present at the place who is 7
an occupier of the place by producing the authorised officer's 8
identity card or a copy of another document evidencing the 9
authorised officer's appointment; 10
(b) give the person a copy of the warrant or, if the entry is authorised 11
by a facsimile warrant or warrant form mentioned in 12
section 34(6), a copy of the facsimile warrant or warrant form; 13
(c) tell the person the authorised officer is permitted by the warrant to 14
enter the place; 15
(d) give the person an opportunity to allow the authorised officer 16
immediate entry to the place without using force. 17
(3) However, the authorised officer need not comply with subsection (2) 18
if the authorised officer reasonably believes that immediate entry to the place 19
is required to ensure the effective execution of the warrant is not frustrated. 20
4--Powers after entering a place 21
Subdivision
powers after entering places 22
General
36.(1) This section applies to an authorised officer who enters a place. 23
(2) However, if an authorised officer enters a place to get the occupier's 24
consent to enter the place, this section applies to the authorised officer only 25
if the consent is given or the entry is otherwise authorised. 26
(3) For monitoring or enforcing compliance with this Act or a vegetation 27
clearing provision, the authorised officer may-- 28
(a) search any part of the place; or 29
(b) inspect, measure, test, photograph or film any part of the place or 30
s 37 25 s 38
Vegetation Management
anything at the place; or 1
(c) take a thing, or a sample of or from a thing, at the place for 2
analysis or testing; or 3
(d) copy a document at the place; or 4
(e) take into or onto the place any person, equipment and materials 5
the authorised officer reasonably requires for the exercise of a 6
power under this division; or 7
(f) require the occupier of the place, or a person at the place, to give 8
the authorised officer reasonable help to exercise the authorised 9
officer's powers under paragraphs (a) to (e); or 10
(g) require the occupier of a place, or a person at the place, to give the 11
authorised officer information to help the authorised officer 12
ascertain whether the Act or a vegetation clearing provision is 13
being complied with. 14
(4) When making a requirement mentioned in subsection (3)(f) or (g), 15
the authorised officer must warn the person it is an offence to fail to comply 16
with the requirement, unless the person has a reasonable excuse. 17
to help authorised officer 18
Failure
37.(1) A person required to give reasonable help under section 36(3)(f) 19
must comply with the requirement, unless the person has a reasonable 20
excuse. 21
Maximum penalty--50 penalty units. 22
(2) If the requirement is to be complied with by an individual giving 23
information, or producing a document, it is a reasonable excuse for the 24
individual not to comply with the requirement that complying with the 25
requirement may tend to incriminate the individual. 26
to give information 27
Failure
38.(1) A person of whom a requirement is made under section 36(3)(g) 28
must comply with the requirement, unless the person has a reasonable 29
excuse. 30
Maximum penalty--50 penalty units. 31
s 39 26 s 39
Vegetation Management
(2) It is a reasonable excuse for an individual not to comply with the 1
requirement that complying with the requirement may tend to incriminate 2
the individual. 3
5--Power to seize evidence 4
Subdivision
evidence 5
Seizing
39.(1) This section applies if-- 6
(a) an authorised officer is authorised to enter a place under this 7
division only with the consent of the occupier or a warrant; and 8
(b) the authorised officer enters the place after obtaining the necessary 9
consent or warrant. 10
(2) If the authorised officer enters the place with the occupier's consent, 11
the authorised officer may seize a thing at the place if-- 12
(a) the authorised officer reasonably believes the thing is evidence of 13
a vegetation clearing offence; and 14
(b) seizure of the thing is consistent with the purpose of entry as told 15
to the occupier when asking for the occupier's consent. 16
(3) If the authorised officer enters the place with a warrant, the authorised 17
officer may seize the evidence for which the warrant was issued. 18
(4) The authorised officer may seize anything else at the place if the 19
authorised officer reasonably believes-- 20
(a) the thing is evidence of a vegetation clearing offence; and 21
(b) the seizure is necessary to prevent the thing being-- 22
(i) hidden, lost or destroyed; or 23
(ii) used to continue, or repeat, the offence. 24
(5) Also, the authorised officer may seize a thing at the place if the 25
authorised officer reasonably believes it has just been used in committing a 26
vegetation clearing offence. 27
s 40 27 s 42
Vegetation Management
seized things 1
Securing
40. Having seized a thing, an authorised officer may-- 2
(a) move the thing from the place where it was seized (the "place of 3
seizure"); or 4
(b) leave the thing at the place of seizure but take reasonable action to 5
restrict access to it; or 6
(c) if the thing is equipment--make it inoperable. 7
8
Examples of restricting access to a thing--
9
1. Sealing a thing and marking it to show access to it is restricted.
10
2. Sealing the entrance to a place where the thing is situated and marking it to
11
show access to it is restricted.
12
Example of making equipment inoperable--
13
Dismantling equipment or removing a component of equipment without which the
14
equipment is not capable of being used.
with seized things 15
Tampering
41.(1) If an authorised officer restricts access to a seized thing, a person 16
must not tamper, or attempt to tamper, with the thing, or something 17
restricting access to the thing, without an authorised officer's approval. 18
Maximum penalty--100 penalty units. 19
(2) If an authorised officer makes seized equipment inoperable, a person 20
must not tamper, or attempt to tamper, with the equipment, without an 21
authorised officer's approval. 22
Maximum penalty--100 penalty units. 23
to support seizure 24
Powers
42.(1) To enable a thing to be seized, an authorised officer may require 25
the person in control of it-- 26
(a) to take it to a stated reasonable place by a stated reasonable time; 27
and 28
(b) if necessary, to remain in control of it at the stated place for a 29
stated reasonable period. 30
s 43 28 s 44
Vegetation Management
(2) The requirement-- 1
(a) must be made by notice in the approved form; or 2
(b) if for any reason it is not practicable to give the notice, may be 3
made orally and confirmed by a notice in the approved form as 4
soon as practicable. 5
(3) A further requirement may be made under this section about the thing 6
if it is necessary and reasonable to make the further requirement. 7
(4) A person of whom a requirement is made under subsection (1) or (3) 8
must comply with the requirement, unless the person has a reasonable 9
excuse. 10
Maximum penalty for subsection (4)--50 penalty units. 11
for seized things 12
Receipts
43.(1) As soon as practicable after an authorised officer seizes a thing, the 13
authorised officer must give a receipt for it to the person from whom it was 14
seized. 15
(2) However, if for any reason it is not practicable to comply with 16
subsection (1), the authorised officer must leave the receipt at the place of 17
seizure in a conspicuous position and in a reasonably secure way. 18
(3) The receipt must describe generally each thing seized and its 19
condition. 20
(4) This section does not apply to a thing if it is impracticable, or would 21
be unreasonable, to give the receipt, having regard to the thing's nature, 22
condition and value. 23
by authorised officer 24
Forfeiture
44.(1) A thing that has been seized under this subdivision is forfeited to 25
the State if the authorised officer who seized the thing-- 26
(a) can not find its owner, after making reasonable inquiries; or 27
(b) can not return it to its owner, after making reasonable efforts; or 28
(c) reasonably believes it is necessary to keep the thing to prevent it 29
being used to commit a vegetation clearing offence. 30
s 45 29 s 45
Vegetation Management
(2) In applying subsection (1)-- 1
(a) subsection (1)(a) does not require the authorised officer to make 2
inquiries if it would be unreasonable to make inquiries to find the 3
owner; and 4
(b) subsection (1)(b) does not require the authorised officer to make 5
efforts if it would be unreasonable to make efforts to return the 6
thing to its owner. 7
8
Example for paragraph (b)--
9
The owner of the thing has migrated to another country.
(3) If the authorised officer makes a decision under subsection (1)(c) 10
resulting in the seized thing being forfeited to the State, the authorised 11
officer must immediately give the owner an information notice about the 12
decision. 13
(4) Subsection (3) does not apply if-- 14
(a) the authorised officer can not find the owner, after making 15
reasonable inquiries; or 16
(b) it is impracticable or would be unreasonable to give the 17
information notice. 18
(5) Regard must be had to a thing's nature, condition and value-- 19
(a) in deciding-- 20
(i) whether it is reasonable to make inquiries or efforts; and 21
(ii) if making inquiries or efforts--what inquiries or efforts, 22
including the period over which they are made, are 23
reasonable; or 24
(b) in deciding whether it would be unreasonable to give the 25
information notice. 26
on conviction 27
Forfeiture
45.(1) On conviction of a person for a vegetation clearing offence, the 28
court may order the forfeiture to the State of anything owned by the person 29
and seized under this subdivision. 30
(2) The court may make any order to enforce the forfeiture it considers 31
s 46 30 s 48
Vegetation Management
appropriate. 1
(3) This section does not limit the court's powers under the Penalties and 2
Sentences Act 1992 or another law. 3
with forfeited things 4
Dealing
46.(1) On forfeiture of a thing to the State, the thing becomes the State's 5
property and may be dealt with by the chief executive as the chief executive 6
considers appropriate. 7
(2) Without limiting subsection (1), the chief executive may destroy or 8
dispose of the thing. 9
of seized things 10
Return
47.(1) If a seized thing is not forfeited, the authorised officer must return 11
it to its owner-- 12
(a) at the end of 6 months; or 13
(b) if a proceeding for a vegetation clearing offence involving the 14
thing is started within 6 months--at the end of the proceeding and 15
any appeal from the proceeding. 16
(2) Despite subsection (1), unless the thing is forfeited, the authorised 17
officer must immediately return a thing seized to its owner if the authorised 18
officer stops being satisfied-- 19
(a) its continued retention as evidence is necessary; or 20
(b) its continued retention is necessary to prevent the thing being used 21
to continue, or repeat, the offence. 22
to seized things 23
Access
48.(1) Until a seized thing is forfeited or returned, an authorised officer 24
must allow its owner to inspect it and, if it is a document, to copy it. 25
(2) Subsection (1) does not apply if it is impracticable, or would be 26
unreasonable, to allow the inspection or copying. 27
s 49 31 s 51
Vegetation Management
Subdivision 6--Power to obtain information 1
to require name and address 2
Power
49.(1) This section applies if-- 3
(a) an authorised officer finds a person committing a vegetation 4
clearing offence; or 5
(b) an authorised officer finds a person in circumstances that lead, or 6
has information that leads, the authorised officer to reasonably 7
suspect the person has just committed a vegetation clearing 8
offence. 9
(2) The authorised officer may require the person to state the person's 10
name and residential address. 11
(3) When making the requirement, the authorised officer must warn the 12
person it is an offence to fail to state the person's name or residential 13
address, unless the person has a reasonable excuse. 14
(4) The authorised officer may require the person to give evidence of the 15
correctness of the stated name or residential address if the authorised officer 16
reasonably suspects the stated name or address to be false. 17
to give name or address 18
Failure
50.(1) A person of whom a requirement is made under section 49 must 19
comply with the requirement, unless the person has a reasonable excuse. 20
Maximum penalty--50 penalty units. 21
(2) A person does not commit an offence against subsection (1) if-- 22
(a) the person was required to state the person's name and residential 23
address by an authorised officer who suspected the person had 24
committed a vegetation clearing offence; and 25
(b) the person is not proved to have committed the offence. 26
to require information 27
Power
51.(1) This section applies if an authorised officer reasonably believes-- 28
s 52 32 s 53
Vegetation Management
(a) a vegetation clearing offence has been committed; and 1
(b) a person may be able to give information about the offence. 2
(2) The authorised officer may, by notice given to the person, require the 3
person to give information about the offence to the authorised officer at a 4
stated reasonable place and at a stated reasonable time. 5
(3) The person must comply with a requirement under subsection (2), 6
unless the person has a reasonable excuse. 7
Maximum penalty--50 penalty units. 8
(4) It is a reasonable excuse for an individual to fail to give information if 9
giving the information might tend to incriminate the individual. 10
to require production of documents 11
Power
52.(1) An authorised officer may require a person to make available for 12
inspection by an authorised officer, or produce to the authorised officer for 13
inspection, at a reasonable time and place nominated by the authorised 14
officer, a document relating to the clearing of vegetation. 15
(2) The authorised officer may keep the document to copy it. 16
(3) If the authorised officer copies a document mentioned in 17
subsection (1), or an entry in the document, the authorised officer may 18
require the person responsible for keeping the document to certify the copy 19
as a true copy of the document or entry. 20
(4) The authorised officer must return the document to the person as 21
soon as practicable after copying it. 22
(5) However, if a requirement (a "document certification 23
requirement") is made of a person under subsection (3), the authorised 24
officer may keep the document until the person complies with the 25
requirement. 26
(6) A requirement under subsection (1) is called a "document 27
production requirement". 28
to certify copy of document 29
Failure
53. A person of whom a document certification requirement is made 30
s 54 33 s 55
Vegetation Management
must comply with the requirement, unless the person has a reasonable 1
excuse. 2
Maximum penalty--50 penalty units. 3
to produce document 4
Failure
54.(1) A person of whom a document production requirement is made 5
must comply with the requirement, unless the person has a reasonable 6
excuse. 7
Maximum penalty--50 penalty units. 8
(2) It is a reasonable excuse for an individual not to comply with a 9
document production requirement if complying with the requirement might 10
tend to incriminate the individual. 11
7--Power to require compliance 12
Subdivision
notice 13
Compliance
55.(1) This section applies if the chief executive or an authorised officer 14
(the "official") reasonably believes a person-- 15
(a) is committing a vegetation clearing offence; or 16
(b) has committed a vegetation clearing offence. 17
(2) The official may give the person a notice (a "compliance notice") 18
requiring the person to-- 19
(a) stop committing the offence; or 20
(b) stop committing the offence and rectify the matter; or 21
(c) rectify the matter. 22
(3) The compliance notice must state-- 23
(a) that the official believes the person-- 24
(i) is committing a vegetation clearing offence; or 25
(ii) has committed a vegetation clearing offence; and 26
(b) the vegetation clearing offence the official believes is being, or has 27
s 56 34 s 56
Vegetation Management
been, committed; and 1
(c) briefly, how it is believed the offence is being, or has been 2
committed; and 3
(d) if the notice requires the person to rectify a matter-- 4
(i) the matter the official believes is reasonably capable of being 5
rectified; and 6
(ii) the reasonable steps the person must take to rectify the 7
matter; and 8
(iii) the stated reasonable period in which the person must take 9
the steps. 10
(4) The person must comply with the compliance notice, unless the 11
person has a reasonable excuse. 12
Maximum penalty--100 penalty units. 13
(5) If the person does, or does not do, something in contravention of the 14
compliance notice, the official may take any reasonable action to stop the 15
contravention. 16
(6) Any reasonable cost or expense incurred by the official in doing 17
anything under subsection (5) may be recovered as a debt owing to the State 18
by the person. 19
(7) If the compliance notice requires the person to rectify a matter relating 20
to a vegetation clearing offence, the person can not be prosecuted for the 21
offence if the person rectifies the matter within the period stated in the 22
notice. 23
Division 2--Other enforcement provisions 24
of damage 25
Notice
56.(1) This section applies if-- 26
(a) an authorised officer damages property when exercising or 27
purporting to exercise a power; or 28
(b) a person (the "other person") acting under the direction or 29
authority of an authorised officer damages property. 30
s 57 35 s 57
Vegetation Management
(2) The authorised officer must immediately give notice of particulars of 1
the damage to the person who appears to the authorised officer to be the 2
owner of the property. 3
(3) If the authorised officer believes the damage was caused by a latent 4
defect in the property or circumstances beyond the authorised officer's, or 5
other person's, control, the authorised officer may state the belief in the 6
notice. 7
(4) If, for any reason, it is impracticable to comply with subsection (2), 8
the authorised officer must leave the notice in a conspicuous position and in 9
a reasonably secure way where the damage happened. 10
(5) This section does not apply to damage the authorised officer 11
reasonably believes is trivial. 12
(6) In this section-- 13
"owner", of property, includes the person in possession or control of it. 14
15
Compensation
57.(1) A person may claim compensation from the State if the person 16
incurs loss or expense because of the exercise or purported exercise of a 17
power under division 1, subdivision 2, 4 or 5.4 18
(2) Without limiting subsection (1), compensation may be claimed for 19
loss or expense incurred in complying with a requirement made of the 20
person under the subdivision. 21
(3) Compensation may be claimed and ordered to be paid in a 22
proceeding-- 23
(a) brought in a court with jurisdiction for the recovery of the amount 24
of compensation claimed; or 25
(b) for a vegetation clearing offence brought against the person 26
claiming compensation. 27
(4) A court may order compensation to be paid only if it is satisfied it is 28
just to make the order in the circumstances of the particular case. 29
4 Division 1, subdivision 2 (Power to enter places), 4 (Powers after entering a
place) or 5 (Power to seize evidence)
s 58 36 s 60
Vegetation Management
Division 3--Offences 1
or misleading statements 2
False
58.(1) A person must not state anything to an authorised officer that the 3
person knows is false or misleading in a material particular. 4
Maximum penalty--50 penalty units. 5
(2) In a proceeding for an offence against subsection (1), it is enough to 6
state that the statement made was, without specifying which, false or 7
misleading. 8
or misleading documents 9
False
59.(1) A person must not give an authorised officer a document 10
containing information that the person knows is false or misleading in a 11
material particular. 12
Maximum penalty--50 penalty units. 13
(2) Subsection (1) does not apply to a person if the person, when giving 14
the document-- 15
(a) tells the authorised officer, to the best of the person's ability, how 16
it is false or misleading; and 17
(b) if the person has, or can reasonably obtain, the correct 18
information--gives the correct information. 19
(3) In a proceeding for an offence against subsection (1), it is enough to 20
state that the document was, without specifying which, false or misleading. 21
an authorised officer 22
Obstructing
60.(1) A person must not obstruct an authorised officer in the exercise of 23
a power, unless the person has a reasonable excuse. 24
Maximum penalty--100 penalty units. 25
(2) If a person has obstructed an authorised officer and the authorised 26
officer decides to proceed with the exercise of the power, the authorised 27
officer must warn the person that-- 28
s 61 37 s 61
Vegetation Management
(a) it is an offence to obstruct the authorised officer, unless the person 1
has a reasonable excuse; and 2
(b) the authorised officer considers the person's conduct an 3
obstruction. 4
(3) In this section-- 5
"obstruct" includes assault, hinder and threaten, and attempt to obstruct. 6
to prosecute under other Acts 7
Ability
61. Nothing in this Act prevents a person from being prosecuted for any 8
of the following offences in relation to the clearing of vegetation-- 9
(a) a development offence under the Integrated Planning Act 1997; 10
(b) an offence against a following provision of the Environmental 11
Protection Act 1994-- 12
· section 120(1) 13
· section 120(2) 14
· section 121(1) 15
· section 121(2).5 16
5 Under the Environmental Protection Act 1994, the maximum penalties are--
· for section 120(1)--4 165 penalty units or 5 years imprisonment
· for section 120(2)--1 665 penalty units
· for section 121(1)--1 665 penalty units or 2 years imprisonment
· for section 121(2)--835 penalty units.
s 62 38 s 64
Vegetation Management
ART 4--APPEALS AND LEGAL PROCEEDINGS 1
P
1--Appeals 2
Division
may appeal 3
Who
62. A person who has been given a compliance notice or an information 4
notice may appeal to the Magistrates Court nearest the place where the 5
person resides or carries on business against-- 6
(a) for a compliance notice--the decision to give the notice; or 7
(b) for an information notice--the decision stated in the notice. 8
of operation of decision 9
Stay
63.(1) The court may grant a stay of the operation of the decision to 10
secure the effectiveness of the appeal. 11
(2) The stay-- 12
(a) may be given on conditions the court considers appropriate; and 13
(b) operates for the period fixed by the court; and 14
(c) may be revoked or amended by the court. 15
(3) The period of the stay must not extend past the time when the court 16
decides the appeal. 17
(4) The appeal affects the decision, or carrying out of the decision, only if 18
the decision is stayed. 19
Division 2--Evidence 20
of div 2 21
Application
64. This division applies to a proceeding under this Act. 22
s 65 39 s 67
Vegetation Management
and authority 1
Appointments
65. It is not necessary to prove-- 2
(a) the chief executive's appointment; or 3
(b) an authorised officer's appointment; or 4
(c) the authority of the chief executive or an authorised officer to do 5
anything under this Act. 6
7
Signatures
66. A signature purporting to be the signature of the chief executive or an 8
authorised officer is evidence of the signature it purports to be. 9
aids 10
Evidentiary
67.(1) A certificate purporting to be signed by the chief executive stating 11
any of the following matters is evidence of it-- 12
(a) a stated document is one of the following things made, given, or 13
issued under this Act or the Integrated Planning Act 1997-- 14
(i) an appointment; 15
(ii) a decision; 16
(iii) a compliance notice; 17
(iv) a development approval; 18
(v) a property vegetation management plan; 19
(vi) an applicable code; 20
(b) a stated document is a copy of a thing mentioned in paragraph (a); 21
(c) on a stated day, or during a stated period, a person's appointment 22
as an authorised officer was, or was not, in force; 23
(d) on a stated day, a stated person was given a compliance notice 24
under this Act; 25
(e) on a stated day, a stated requirement was made of a stated person. 26
(2) A statement in a complaint for an offence against this Act that the 27
s 68 40 s 69
Vegetation Management
matter of the complaint came to the knowledge of the complainant on a 1
stated day is evidence of the matter stated. 2
3--Proceedings 3
Division
proceedings for offences 4
Summary
68.(1) A proceeding for an offence against this Act, or for a vegetation 5
clearing offence, must be taken in a summary way under the Justices Act 6
1886. 7
(2) A proceeding for an offence against this Act must start-- 8
(a) within 1 year after the commission of the offence; or 9
(b) within 1 year after the offence comes to the complainant's 10
knowledge, but within 5 years after the offence is committed. 11
(3) Despite the Integrated Planning Act 1997, a proceeding for a 12
vegetation clearing offence must start-- 13
(a) within 1 year after the commission of the offence; or 14
(b) within 1 year after the offence comes to the complainant's 15
knowledge, but within 5 years after the offence is committed. 16
PART 5--MISCELLANEOUS 17
committees 18
Advisory
69.(1) The Minister may establish advisory committees to advise the 19
Minister about vegetation management. 20
(2) The Minister may decide-- 21
(a) the functions or terms of reference of a committee; and 22
(b) the membership of a committee; and 23
(c) how a committee is to operate. 24
s 70 41 s 72
Vegetation Management
(3) A committee member is entitled to be paid the fees and allowances 1
decided by the Governor in Council. 2
vegetation management committees 3
Regional
70.(1) The Minister may establish regional vegetation management 4
committees to advise the Minister about vegetation management. 5
(2) The Minister may decide-- 6
(a) the functions or terms of reference of a committee; and 7
(b) the membership of a committee; and 8
(c) how a committee is to operate. 9
(3) A committee member is entitled to be paid the fees and allowances 10
decided by the Governor in Council. 11
officials from civil liability 12
Protecting
71.(1) An official is not civilly liable for an act done, or omission made, 13
honestly and without negligence under this Act. 14
(2) If subsection (1) prevents civil liability attaching to an official, the 15
liability attaches instead to the State. 16
(3) In this section-- 17
"official" means-- 18
(a) the Minister; or 19
(b) the chief executive; or 20
(c) an authorised officer; or 21
(d) a person acting under the direction of an authorised officer. 22
power 23
Regulation-making
72. The Governor in Council may make regulations under this Act. 24
s 73 42 s 74
Vegetation Management
PART 6--TRANSITIONAL PROVISIONS 1
development approvals and applications for development 2
Existing
approvals 3
73.(1) Subsection (2) applies to a development approval involving the 4
clearing of vegetation in force immediately before the commencement of 5
this section. 6
(2) The approval has effect as if this Act had not been enacted. 7
(3) Subsection (4) applies to a development application involving the 8
clearing of vegetation made to the assessment manager that-- 9
(a) has not been decided before the commencement of this section; or 10
(b) has been decided, but is the subject of an appeal under the 11
Integrated Planning Act 1997 and the appeal has not been decided 12
before the commencement of this section. 13
(4) The application may be decided as if this Act had not been enacted 14
and, if a development approval is given for the application, the approval has 15
effect as if this Act had not been enacted. 16
development control plans and special facilities zones 17
Existing
74. Nothing in this Act affects the clearing of vegetation-- 18
(a) under a development control plan mentioned in the Integrated 19
Planning Act 1997, section 6.1.45A;6 or 20
(b) in an area designated, immediately before the commencement of 21
this section, as a special facilities zone, or like zone, under a 22
planning scheme under the Integrated Planning Act 1997. 23
6 Integrated Planning Act 1997, section 6.1.45A (Development control plans under
repealed Act)
s 75 43 s 78
Vegetation Management
ART 7--AMENDMENT OF INTEGRATED 1
P
PLANNING ACT 1997 2
amended in pt 7 3
Act
75. This part amends the Integrated Planning Act 1997. 4
of s 1.3.5 (Definitions for terms used in "development") 5
Amendment
76.(1) Section 1.3.5, definition "operational work", paragraph (b)-- 6
omit, insert-- 7
`(b) conducting a forest practice; or'. 8
(2) Section 1.3.5, definition "operational work", paragraph (e), after 9
`vegetation'-- 10
insert-- 11
`not on freehold land'. 12
(3) Section 1.3.5, definition "operational work"-- 13
insert-- 14
`(f) clearing vegetation on freehold land;'. 15
of s 3.2.3 (Acknowledgment notices generally) 16
Amendment
77. Section 3.2.3(2)(a)-- 17
insert-- 18
`(vi) clearing vegetation on freehold land;'. 19
of s 3.3.15 (Referral agency assesses application) 20
Amendment
78.(1) Section 3.3.15(1)-- 21
insert-- 22
`(c) for a concurrence agency--against any applicable concurrence 23
agency code.'. 24
s 79 44 s 80
Vegetation Management
(2) Section 3.3.15(2)(a), `relevant'-- 1
omit. 2
(3) Section 3.3.15(2)(a), `schemes and policies'-- 3
omit, insert-- 4
`schemes, policies and codes, of the type mentioned in subsection (1),'. 5
of s 3.3.18 (Concurrence agency's response powers) 6
Amendment
79. Section 3.3.18(4)(a) and (b)-- 7
omit, insert-- 8
`(a) the development does not comply with a law, policy or code 9
mentioned in section 3.3.15(1)(a) or (c); and 10
(b) compliance with the law, policy or code can not be achieved by 11
imposing conditions.'. 12
of s 3.5.4 (Code assessment) 13
Amendment
80.(1) Section 3.5.4(2)-- 14
omit, insert-- 15
`(2) The assessment manager must assess the part of the application only 16
against-- 17
(a) applicable codes (other than concurrence agency codes the 18
assessment manager does not apply); and 19
(b) subject to paragraph (a)--the common material.'. 20
(2) Section 3.5.4(3), after `codes'-- 21
insert-- 22
`in addition to the applicable codes mentioned in subsection (2)(a)'. 23
s 81 45 s 84
Vegetation Management
of s 4.1.33 (Stay of operation of enforcement notice) 1
Amendment
81. Section 4.1.33(2)-- 2
insert-- 3
`(c) clearing vegetation on freehold land.'. 4
of s 4.3.8 (Application of div 2) 5
Amendment
82. Section 4.3.8-- 6
insert-- 7
`(e) clearing vegetation on freehold land.'. 8
of s 4.3.26 (Effect of orders) 9
Amendment
83. Section 4.3.26(2)-- 10
omit, insert-- 11
`(2) Without limiting the court's powers, the court may make an order 12
requiring-- 13
(a) the repairing, demolition or removal of a building; or 14
(b) for a development offence relating to the clearing of vegetation on 15
freehold land-- 16
(i) rehabilitation or restoration of the area cleared; or 17
(ii) if the area cleared is not capable of being rehabilitated or 18
restored--the planting of stated vegetation on a stated area of 19
equivalent size.'. 20
of sch 8 (Assessable, self-assessable and exempt 21
Amendment
development) 22
84.(1) Schedule 8, after item 3-- 23
insert-- 24
`3A. Carrying out operational work that is the clearing of native vegetation 25
on freehold land, unless the clearing is-- 26
s 84 46 s 84
Vegetation Management
(a) to the extent necessary to build a single residence and any 1
reasonably associated building or structure; or 2
(b) necessary for essential management; or 3
(c) necessary for routine management in an area that is covered by a 4
regional ecosystem map and is outside-- 5
(i) a remnant endangered regional ecosystem; or 6
(ii) a remnant of concern regional ecosystem; or 7
(d) necessary for routine management in an area outside-- 8
(i) an area of high nature conservation value; or 9
(ii) an area vulnerable to land degradation; or 10
(e) necessary for routine management in an area covered by a 11
remnant map; or 12
(f) in an urban area, other than a regional ecosystem shown on a 13
regional ecosystem map and mentioned in paragraph (c)(i) or (ii) 14
or an area mentioned in paragraph (d)(i); or 15
(g) in a non-urban area that is not in a regional ecosystem shown on a 16
regional ecosystem map and mentioned in paragraph (c)(i) or (ii) 17
or an area mentioned in paragraph (d)(i) or (ii) and is-- 18
(i) for the reconfiguration of a lot not involving the opening of a 19
road; or 20
(ii) the natural and ordinary consequence of other assessable 21
development and the total area of the part of the land on 22
which the development occurs is less than 5 ha; or 23
(h) before 1 July 2000--the natural and ordinary consequence of 24
other assessable development.'. 25
(2) Schedule 8, item 13(a), after `use'-- 26
insert-- 27
`, other than the clearing of native vegetation on freehold land'. 28
(3) Schedule 8, item 13(b), after `reduction'-- 29
insert-- 30
`under the Fire and Rescue Authority Act 1990'. 31
s 84 47 s 84
Vegetation Management
(4) Schedule 8, item 13(c)-- 1
omit, insert-- 2
`(c) the use of premises for forest practices.'. 3
(5) Schedule 8, item 22-- 4
insert-- 5
` "area of high nature conservation value" means an area of high nature 6
conservation value as defined under the Vegetation Management Act 7
1999. 8
"area vulnerable to land degradation" means an area vulnerable to land 9
degradation as defined under the Vegetation Management Act 1999. 10
"essential management" means clearing native vegetation-- 11
(a) for establishing or maintaining a fire break sufficient to protect a 12
building, property boundary or paddock; or 13
(b) that is likely to endanger the safety of a person or property on the 14
land because the vegetation is likely to fall; or 15
(c) for maintaining an existing fence, stock yard, shed, road or other 16
built infrastructure; or 17
(d) for maintaining a garden or orchard. 18
"regional ecosystem" means a regional ecosystem as defined under the 19
Vegetation Management Act 1999. 20
"regional ecosystem map" means a regional ecosystem map as defined 21
under the Vegetation Management Act 1999. 22
"remnant endangered regional ecosystem" means a remnant endangered 23
regional ecosystem as defined under the Vegetation Management Act 24
1999. 25
"remnant map" means a remnant map as defined under the Vegetation 26
Management Act 1999. 27
"remnant of concern regional ecosystem" means a remnant of concern 28
regional ecosystem as defined under the Vegetation Management Act 29
1999. 30
"remnant vegetation" means remnant vegetation as defined under the 31
Vegetation Management Act 1999. 32
s 85 48 s 85
Vegetation Management
"routine management" means clearing native vegetation-- 1
(a) for establishing a necessary fence, road or other built 2
infrastructure; or 3
(b) that is not remnant vegetation; or 4
(c) for supplying fodder for stock, in drought conditions only. 5
"non-urban area" means an area other than an urban area. 6
"urban area" means an area identified on a map in a planning scheme as 7
an area for urban purposes, including rural residential purposes and 8
future urban purposes.'. 9
of sch 10 (Dictionary) 10
Amendment
85. Schedule 10-- 11
insert-- 12
` "clear", for vegetation-- 13
(a) means remove or cut down, ringbark, push over, poison or 14
destroy the vegetation in any way; but 15
(b) does not include-- 16
(i) destroying standing vegetation by stock, or lopping a tree; 17
and 18
(ii) removing or cutting down, ringbarking, pushing over, 19
poisoning or destroying the vegetation in any way as a forest 20
practice. 21
"concurrence agency code", for a concurrence agency, means a code, or 22
part of a code, the concurrence agency is required under this Act or 23
another Act to assess a development application against. 24
"destroy", for vegetation, includes destroy it by burning, flooding or 25
draining. 26
"forest practice"-- 27
1. "Forest practice" means planting trees or managing, felling and 28
removing standing trees for an ongoing forestry business in-- 29
(a) a plantation; or 30
s 85 49 s 85
Vegetation Management
(b) native forest, if, in the native forest-- 1
(i) the activities are conducted in a way that is consistent 2
with a code applying to native forest management and 3
approved by the Minister responsible for administering 4
the Vegetation Management Act 1999; or 5
(ii) the activities are conducted in a way that-- 6
(A) ensures restoration of a similar type, and to the 7
extent, of the removed trees; and 8
(B) ensures trees are only felled for the purpose of 9
being sawn into timber or processed into another 10
value added product (other than woodchips for an 11
export market); and 12
(C) does not cause land degradation as defined under 13
the Vegetation Management Act 1999. 14
2. The term includes carrying out limited associated work, including, 15
for example, drainage and other necessary engineering works. 16
3. The term does not include clearing native vegetation for the initial 17
establishment of a plantation. 18
"freehold land" includes land in a freeholding lease under the Land Act 19
1994. 20
"lopping", a tree, means cutting or pruning its branches, but does not 21
include-- 22
(a) removing its trunk; and 23
(b) cutting or pruning its branches so severely that it is likely to die. 24
"native vegetation" means-- 25
(a) a native tree; or 26
(b) a native plant, other than a grass or mangrove.'. 27
s 86 50 s 90
Vegetation Management
ART 8--AMENDMENT OF LAND ACT 1994 1
P
amended in pt 8 2
Act
86. This part amends the Land Act 1994. 3
of s 214 (Land protection) 4
Amendment
87. Section 214(1)(c), `degradation to the land'-- 5
omit, insert-- 6
`land degradation'. 7
of s 252 (Object of part) 8
Amendment
88. Section 252(c), `degradation of the land'-- 9
omit, insert-- 10
`land degradation'. 11
of s 253 (Definitions) 12
Amendment
89. Section 253, definitions "critical area" and "environmentally 13
sensitive area"-- 14
omit. 15
of s 255 (Tree clearing permit needed) 16
Amendment
90. Section 255, penalty, `400 penalty units'-- 17
omit, insert-- 18
`1 665 penalty units'. 19
s 91 51 s 94
Vegetation Management
of s 257 (When tree clearing permit is not needed) 1
Amendment
91. Section 257(e), `a critical area'-- 2
omit, insert-- 3
`an environmentally sensitive area'. 4
of s 260 (How application for tree clearing permit made) 5
Amendment
92. Section 260(1)(b), after `by the'-- 6
insert-- 7
`fee and'. 8
of s 261 (Tree management plan) 9
Amendment
93. Section 261-- 10
insert-- 11
`(ca)any areas affected by land degradation;'. 12
of s 262 (Issues chief executive must consider) 13
Amendment
94.(1) Section 262(1)(a)-- 14
omit, insert-- 15
`(a) the protection of restricted vegetation types and areas of heritage 16
value;'. 17
(2) Section 262(1)(c)-- 18
omit, insert-- 19
`(c) the protection of environmentally sensitive areas; 20
(ca) any effect of the clearing on land degradation;'. 21
s 95 52 s 96
Vegetation Management
of s 270 (Conditions of clearing) 1
Amendment
95. Section 270(1)(b), `a critical area'-- 2
omit, insert-- 3
`an environmentally sensitive area'. 4
of sch 6 (Dictionary) 5
Amendment
96.(1) Schedule 6, definitions "critical area" and "environmentally 6
sensitive area"-- 7
omit. 8
(2) Schedule 6-- 9
insert-- 10
` "environmentally sensitive area" means an area of high nature 11
conservation value, or an area vulnerable to land degradation, as 12
defined under the Vegetation Management Act 1999. 13
"land degradation" includes the following-- 14
(a) soil erosion; 15
(b) rising water tables; 16
(c) the expression of salinity; 17
(d) mass movement by gravity of soil or rock; 18
(e) stream bank instability; 19
(f) a process that results in declining water quality.'. 20
53
Vegetation Management
SCHEDULE 1
¡
DICTIONARY 2
section 5 3
"applicable code" means an applicable code as defined under the 4
Integrated Planning Act 1997. 5
"area of high nature conservation value" means an area declared to be an 6
area of high nature conservation value under the following-- 7
(a) a regional vegetation management plan; 8
(b) a declaration made by the Governor in Council under section 17; 9
(c) an interim declaration made by the Minister under section 18. 10
"area vulnerable to land degradation" means an area declared to be an 11
area vulnerable to land degradation under the following-- 12
(a) a regional vegetation management plan; 13
(b) a declaration made by the Governor in Council under section 17; 14
(c) an interim declaration made by the Minister under section 18. 15
"assessment manager" means an assessment manager as defined under 16
the Integrated Planning Act 1997. 17
"biodiversity" means the variability among living organisms from all 18
sources, including terrestrial, marine and other aquatic ecosystems and 19
the ecological complexes of which they are part, and includes-- 20
(a) diversity within species and between species; and 21
(b) diversity of ecosystems. 22
"bioregion" means a bioregion shown on map number V0001 held by the 23
department. 24
"centre of endemism" means an area containing concentrations of species 25
that are largely restricted to the area. 26
54
Vegetation Management
SCHEDULE (continued)
"clear", for vegetation-- 1
(a) means remove or cut down, ringbark, push over, poison or 2
destroy the vegetation in any way; but 3
(b) does not include-- 4
(i) destroying standing vegetation by stock, or lopping a tree; 5
and 6
(ii) removing or cutting down, ringbarking, pushing over, 7
poisoning or destroying the vegetation in any way as a forest 8
practice. 9
"concurrence agency" means a concurrence agency as defined under the 10
Integrated Planning Act 1997. 11
"destroy", for vegetation, includes destroy it by burning, flooding and 12
draining. 13
"development" means development as defined under the Integrated 14
Planning Act 1997. 15
"development application" means a development application as defined 16
under the Integrated Planning Act 1997 that involves the clearing of 17
vegetation. 18
"development approval" means a development approval as defined under 19
the Integrated Planning Act 1997. 20
"endangered regional ecosystem" means a regional ecosystem that is 21
prescribed under a regulation and has either-- 22
(a) less than 10% of its pre-clearing extent remaining; or 23
(b) 10% to 30% of its pre-clearing extent remaining and the pre- 24
clearing extent was less than 10 000 ha. 25
"equipment" includes machinery. 26
"forest practice"-- 27
1. "Forest practice" means planting trees or managing, felling and 28
removing standing trees for an ongoing forestry business in-- 29
(a) a plantation; or 30
55
Vegetation Management
SCHEDULE (continued)
(b) native forest, if, in the native forest-- 1
(i) the activities are conducted in a way that is consistent 2
with a code applying to native forest management and 3
approved by the Minister responsible for administering 4
the Vegetation Management Act 1999; or 5
(ii) the activities are conducted in a way that-- 6
(A) ensures restoration of a similar type, and to the 7
extent, of the removed trees; and 8
(B) ensures trees are only felled for the purpose of 9
being sawn into timber or processed into another 10
value added product (other than woodchips for an 11
export market); and 12
(C) does not cause land degradation as defined under 13
the Vegetation Management Act 1999. 14
2. The term includes carrying out limited associated work, including, 15
for example, drainage and other necessary engineering works. 16
3. The term does not include clearing native vegetation for the initial 17
establishment of a plantation. 18
"freehold land" includes land in a freeholding lease as defined under the 19
Land Act 1994. 20
"IDAS" means the system detailed in the Integrated Planning Act 1997, 21
chapter 3, for integrating State and local government assessment and 22
approval processes for development. 23
"information notice", about a decision, means a notice stating the 24
following-- 25
(a) the decision; 26
(b) the reasons for the decision; 27
(c) that the person given the notice may appeal against the decision to 28
the Magistrates Court within 28 days after the notice is given; 29
(d) how to start the appeal. 30
56
Vegetation Management
SCHEDULE (continued)
"land degradation" includes the following-- 1
(a) soil erosion; 2
(b) rising water tables; 3
(c) the expression of salinity; 4
(d) mass movement by gravity of soil or rock; 5
(e) stream bank instability; 6
(f) a process that results in declining water quality. 7
"lopping", a tree, means cutting or pruning its branches, but does not 8
include-- 9
(a) removing its trunk; and 10
(b) cutting or pruning its branches so severely that it is likely to die. 11
"of concern regional ecosystem" means a regional ecosystem that is 12
prescribed under a regulation and has either-- 13
(a) 10% to 30% of its pre-clearing extent remaining; or 14
(b) more than 30% of its pre-clearing extent remaining and the pre- 15
clearing vegetation was less than 10 000 ha. 16
"pre-clearing extent", for a regional ecosystem, means the extent of the 17
regional ecosystem before it was cleared. 18
"property vegetation management plan" means a plan of the area to 19
which a development application relates showing the matters 20
prescribed under a regulation. 21
"public place" means a place the public is entitled to use, open to the public 22
or used by the public, whether or not on payment of an amount. 23
"reasonably believes" means believes on grounds that are reasonable in the 24
circumstances. 25
"reasonably suspects" means suspects on grounds that are reasonable in 26
the circumstances. 27
"regional ecosystem" means a vegetation community in a bioregion that is 28
consistently associated with a particular combination of geology, 29
57
Vegetation Management
SCHEDULE (continued)
landform and soil. 1
"regional ecosystem map" means a map-- 2
(a) certified as a regional ecosystem map by the chief executive of the 3
department in which the Vegetation Management Act 1999 is 4
administered; and 5
(b) maintained by that department for the purpose of showing-- 6
(i) remnant endangered regional ecosystems; and 7
(ii) remnant of concern regional ecosystems. 8
"regional vegetation management plan" means a plan made under 9
section 15. 10
"regrowth vegetation" means vegetation that is not remnant vegetation. 11
"regulate" includes prohibit. 12
"remnant endangered regional ecosystem"-- 13
1. A "remnant endangered regional ecosystem", for an area of 14
Queensland within a regional ecosystem map, means the part of 15
an endangered regional ecosystem-- 16
(a) mapped as a remnant endangered regional ecosystem on the 17
map; and 18
(b) having vegetation, forming the predominant canopy-- 19
(i) covering more than 50% of the undisturbed 20
predominant canopy; and 21
(ii) averaging more than 70% of the vegetation's 22
undisturbed height. 23
2. A "remnant endangered regional ecosystem", for an area of 24
Queensland for which there is no regional ecosystem map, means 25
the part of an endangered regional ecosystem having vegetation, 26
forming the predominant canopy-- 27
(a) covering more than 50% of the undisturbed predominant 28
canopy; and 29
58
Vegetation Management
SCHEDULE (continued)
(b) averaging more than 70% of the vegetation's undisturbed 1
height. 2
"remnant map" means a map-- 3
(a) certified as a remnant map by the chief executive of the 4
department in which the Vegetation Management Act 1999 is 5
administered; and 6
(b) maintained by that department for the purpose of showing areas 7
of remnant and regrowth vegetation. 8
"remnant of concern regional ecosystem"-- 9
1. A "remnant of concern regional ecosystem", for an area of 10
Queensland within a regional ecosystem map, means the part of 11
an of concern regional ecosystem-- 12
(a) mapped as a remnant of concern regional ecosystem on the 13
map; and 14
(b) having vegetation, forming the predominant canopy-- 15
(i) covering more than 50% of the undisturbed 16
predominant canopy; and 17
(ii) averaging more than 70% of the vegetation's 18
undisturbed height. 19
2. A "remnant of concern regional ecosystem", for an area of 20
Queensland for which there is no regional ecosystem map, means 21
the part of an of concern regional ecosystem having vegetation, 22
forming the predominant canopy-- 23
(a) covering more than 50% of the undisturbed predominant 24
canopy; and 25
(b) averaging more than 70% of the vegetation's undisturbed 26
height. 27
"remnant vegetation"-- 28
1. "Remnant vegetation", for an area of Queensland within a 29
regional ecosystem map, means the vegetation-- 30
(a) mapped as remnant vegetation on the map; and 31
59
Vegetation Management
SCHEDULE (continued)
(b) part of which forms the predominant canopy of the 1
vegetation-- 2
(i) covering more than 50% of the undisturbed 3
predominant canopy; and 4
(ii) averaging more than 70% of the vegetation's 5
undisturbed height. 6
2. "Remnant vegetation", for an area of Queensland for which there 7
is no regional ecosystem map, means the vegetation, part of 8
which forms the predominant canopy of the vegetation-- 9
(a) covering more than 50% of the undisturbed predominant 10
canopy; and 11
60
Vegetation Management
SCHEDULE (continued)
(b) averaging more than 70% of the vegetation's undisturbed 1
height. 2
"State policy" means the policy approved under section 10(3). 3
"undisturbed height", for vegetation, means the height to which the 4
vegetation normally grows. 5
"undisturbed predominant canopy", for vegetation, means the 6
predominant canopy the vegetation normally has. 7
"vegetation" see section 8. 8
"vegetation clearing offence" means an offence against a vegetation 9
clearing provision. 10
"vegetation clearing provision" means the Integrated Planning Act 1997, 11
section 4.3.1(1), 4.3.3(1), 4.3.4(1), 4.3.5(1) or 4.3.15 7 to the extent the 12
provision relates to the clearing of vegetation on freehold land. 13
"vegetation management" see section 9. 14
"wildlife refugium" means an area that is a sanctuary to which a species or 15
group of species has retreated, or been confined, in response to 16
threatening processes, including a climatic change. 17
© State of Queensland 1999
7 Integrated Planning Act 1997, section 4.3.1 (Carrying out assessable development
without permit), 4.3.3 (Compliance with development approval), 4.3.4
(Compliance with identified codes about use of premises), 4.3.5 (Carrying on
unlawful use of premises) or 4.3.15 (Compliance with enforcement notice)
[Index] [Search] [Download] [Related Items] [Help]