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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Vegetation Management
(Regrowth Clearing
Moratorium) Bill 2009
Queensland
Vegetation Management (Regrowth
Clearing Moratorium) Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Purpose of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Interpretation
Division 1 Dictionary
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2 Key definitions
5 What is a moratorium area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 What is a moratorium map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 What is the moratorium period . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Types of regrowth vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 3 Other definitions
9 Words have meanings given by particular Acts . . . . . . . . . . . . . . 8
Part 3 Relationship with Planning Act
Division 1 Inconsistency with Planning Act
10 Act prevails over Planning Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2 Modified schedule 8 and development applications
11 Modifying effect of Planning Act, sch 8. . . . . . . . . . . . . . . . . . . . . 9
12 Refusing to receive particular development applications . . . . . . . 9
13 Restriction on changing particular existing applications. . . . . . . . 10
Division 3 Exemptions
14 Application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Term of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Contents
Part 4 Relationship with Vegetation Management Act
Division 1 Property maps of assessable vegetation
18 Making PMAV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Replacing PMAV in moratorium period . . . . . . . . . . . . . . . . . . . . 13
Division 2 Native forest practices
20 Native forest practice in moratorium area. . . . . . . . . . . . . . . . . . . 13
Division 3 Particular development applications for leasehold land
21 Particular development not for a relevant purpose . . . . . . . . . . . . 14
Part 5 Offences and enforcement
22 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Clearing of particular regrowth vegetation in particular period
not an offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Show cause notice must be given . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Ending show cause process without further action . . . . . . . . . . . 16
26 Compliance notice for rectification . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 6 Appeals and legal proceedings
Division 1 Moratorium maps and PMAVs
27 Non-application of Judicial Review Act 1991 . . . . . . . . . . . . . . . . 17
28 No appeals about moratorium map, PMAV and particular
applications ................................... 18
Division 2 Exemptions
29 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
31 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Court's powers on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 7 Miscellaneous provisions
34 Chief executive may stop making decisions about, or giving
responses to, particular applications . . . . . . . . . . . . . . . . . . . . . . 20
35 Copies of moratorium map to be available for inspection and
purchase ...................................... 21
36 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 No compensation payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 8 Savings and transitional provisions
38 Development approvals under the Planning Act. . . . . . . . . . . . . . 23
39 Existing development applications . . . . . . . . . . . . . . . . . . . . . . . . 23
Schedule 1 Modified schedule 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Page 2
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Contents
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Page 3
2009
A Bill
for
An Act to impose a moratorium on the clearing of particular
regrowth vegetation
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Vegetation Management 4
(Regrowth Clearing Moratorium) Act 2009. 5
2 Commencement 6
This Act is taken to have commenced on 8 April 2009. 7
3 Purpose of Act and its achievement 8
(1) The purpose of this Act is to protect-- 9
(a) regrowth vegetation that is an endangered regional 10
ecosystem in particular areas; and 11
(b) particular riparian regrowth vegetation in the Burdekin, 12
Mackay Whitsunday and Wet Tropics catchments. 13
Note-- 14
At the date of assent, a map showing the Burdekin, Mackay Whitsunday 15
and Wet Tropics catchments can be inspected on the department's 16
website at . 17
(2) The purpose is to be achieved mainly by restricting clearing of 18
the endangered regrowth vegetation and riparian regrowth 19
vegetation for a period of at least 3, but no more than 6, 20
months while the State consults with stakeholders about the 21
optimum way to regulate clearing of regrowth vegetation 22
under the Vegetation Management Act. 23
Page 6
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 2 Interpretation
[s 4]
Part 2 Interpretation 1
Division 1 Dictionary 2
4 Definitions 3
The dictionary in schedule 2 defines particular words used in 4
this Act. 5
Division 2 Key definitions 6
5 What is a moratorium area 7
(1) A moratorium area is-- 8
(a) an area shown on a moratorium map as a moratorium 9
regrowth vegetation area; or 10
(b) an area of regrowth vegetation within 50m of a 11
watercourse identified on a moratorium map as a 12
moratorium watercourse. 13
(2) The exact location of an area mentioned in subsection (1)(b) 14
depends upon the location of the relevant watercourse from 15
time to time. 16
6 What is a moratorium map 17
(1) A moratorium map is a map-- 18
(a) certified by the chief executive as a moratorium map for 19
a particular area; and 20
(b) maintained by the department for the purpose of 21
showing, for the area-- 22
(i) moratorium regrowth vegetation areas; and 23
(ii) moratorium watercourses. 24
Page 7
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 2 Interpretation
[s 7]
(2) A moratorium map includes any amendment to the map 1
certified by the chief executive as an amendment to the map. 2
(3) An amendment of a moratorium map takes effect at the 3
beginning of the day after the amendment is certified. 4
(4) If a moratorium map is amended, the day the amendment 5
takes effect is shown on the map. 6
7 What is the moratorium period 7
The moratorium period is the period starting at the beginning 8
of 8 April 2009 and ending-- 9
(a) generally--at the end of 7 July 2009; or 10
(b) if the Minister has by gazette notice nominated a later 11
day that is not more than 3 months after 7 July 2009 as 12
the day the moratorium period ends--at the end of the 13
later day. 14
8 Types of regrowth vegetation 15
(1) Endangered regrowth vegetation is regrowth vegetation that 16
is an endangered regional ecosystem located within an area 17
shown on a moratorium map as a moratorium regrowth 18
vegetation area. 19
(2) Riparian regrowth vegetation is regrowth vegetation located 20
within 50m of a watercourse identified on a moratorium map 21
as a moratorium watercourse. 22
Division 3 Other definitions 23
9 Words have meanings given by particular Acts 24
(1) Words defined under the Planning Act and used in this Act 25
have the same meanings as they have under that Act. 26
Page 8
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 3 Relationship with Planning Act
[s 10]
(2) Words defined under the Vegetation Management Act and 1
used in this Act have the same meanings as they have under 2
that Act. 3
Part 3 Relationship with Planning Act 4
Division 1 Inconsistency with Planning Act 5
10 Act prevails over Planning Act 6
If a provision of this Act is inconsistent with the Planning Act, 7
the provision prevails to the extent of the inconsistency. 8
Division 2 Modified schedule 8 and 9
development applications 10
11 Modifying effect of Planning Act, sch 8 11
(1) In the moratorium period-- 12
(a) the Planning Act, schedule 8, part 1, table 4, items 1A 13
and 1B ceases to have effect; and 14
(b) the modified version of those items as shown in 15
schedule 1 (modified schedule 8) has effect instead. 16
(2) Subsection (1)(b) applies subject to section 14(3). 17
12 Refusing to receive particular development applications 18
(1) If, in the moratorium period, a person makes a relevant 19
development application for land in a moratorium area-- 20
(a) the application is taken, for the Planning Act, not to be a 21
properly made application; and 22
Page 9
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 3 Relationship with Planning Act
[s 13]
(b) the assessment manager must refuse to receive the 1
application. 2
(2) In this section-- 3
relevant development application means a development 4
application that involves modified schedule 8 development. 5
13 Restriction on changing particular existing applications 6
(1) An existing moratorium area application can not be changed 7
in any way that increases the area of the proposed clearing of 8
vegetation in the moratorium area. 9
(2) An existing non-moratorium area application can not be 10
changed in any way that increases the area of the proposed 11
clearing of vegetation if the clearing is in a moratorium area. 12
(3) In this section-- 13
existing moratorium area application means a development 14
application, made before the start of the moratorium period, 15
for land in a moratorium area that involves relevant 16
development. 17
existing non-moratorium area application means a 18
development application, made before the start of the 19
moratorium period, for land not in a moratorium area that 20
involves relevant development. 21
relevant development means-- 22
(a) assessable development under the Planning Act, 23
schedule 8, part 1, table 4, item 1A or 1B; or 24
(b) assessable development for which the chief executive is 25
a concurrence agency. 26
Page 10
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 3 Relationship with Planning Act
[s 14]
Division 3 Exemptions 1
14 Application for exemption 2
(1) A person may, in the moratorium period, apply to the chief 3
executive for a decision that modified schedule 8 development 4
is exempt development. 5
Note-- 6
At the date of assent, guidelines about making an application under this 7
section are available for inspection on the department's website at 8
. 9
(2) The chief executive may-- 10
(a) grant the exemption; or 11
(b) grant the exemption on conditions; or 12
(c) refuse the exemption. 13
(3) If the chief executive grants the exemption, the development is 14
taken to be exempt development. 15
15 Criteria for decision 16
(1) The chief executive may grant the exemption only if the chief 17
executive is satisfied-- 18
(a) both-- 19
(i) the development is for a relevant purpose under the 20
Vegetation Management Act, section 22A, other 21
than subsection (2)(j) of that section; and 22
(ii) granting the exemption is consistent with the 23
purpose of this Act or the Vegetation Management 24
Act; or 25
(b) the development is-- 26
(i) for a project in the interest of the State; and 27
(ii) necessary to be carried out in the moratorium 28
period because of exceptional circumstances. 29
Page 11
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 3 Relationship with Planning Act
[s 16]
(2) The chief executive may impose a condition on the exemption 1
only if it is consistent with the purpose of this Act or the 2
Vegetation Management Act. 3
16 Notice of decision 4
(1) The chief executive must give the person notice of the 5
decision. 6
(2) If the decision was to refuse the exemption or grant the 7
exemption on conditions, the notice must state the 8
following-- 9
(a) the reasons for the decision; 10
(b) that the applicant may, within 28 days after the notice is 11
given, appeal against the decision to the Magistrates 12
Court; 13
(c) how to appeal. 14
17 Term of exemption 15
(1) An exemption-- 16
(a) takes effect when the applicant is given notice of the 17
decision; and 18
(b) continues in force for 1 year. 19
(2) At the end of the moratorium period, the development taken to 20
be exempt development under the exemption continues to be 21
exempt development only if any conditions imposed on the 22
exemption are complied with. 23
Page 12
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 4 Relationship with Vegetation Management Act
[s 18]
Part 4 Relationship with Vegetation 1
Management Act 2
Division 1 Property maps of assessable 3
vegetation 4
18 Making PMAV 5
(1) This section applies to a PMAV application made on or after 6
the beginning of 26 March 2009. 7
(2) Despite the Vegetation Management Act, section 20C(3), if 8
the chief executive has not agreed to make the map before the 9
date of assent, the chief executive may, in the moratorium 10
period, agree to make the map only if satisfied doing so is 11
consistent with the purpose of this Act or the Vegetation 12
Management Act. 13
19 Replacing PMAV in moratorium period 14
(1) This section applies despite the Vegetation Management Act, 15
section 20D(3)(c). 16
(2) The chief executive may, in the moratorium period, replace a 17
PMAV for an area with a new PMAV only if satisfied doing so 18
is consistent with the purpose of this Act or the Vegetation 19
Management Act. 20
Division 2 Native forest practices 21
20 Native forest practice in moratorium area 22
(1) This section applies to a person who conducts a native forest 23
practice in a moratorium area in the moratorium period. 24
(2) Despite the Vegetation Management Act, section 20A-- 25
(a) a code approved under subsection (1) of that section is 26
taken not to apply to the native forest practice; and 27
Page 13
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 5 Offences and enforcement
[s 21]
Note-- 1
An effect of paragraph (a) is that activities for the native forest 2
practice must be conducted in the way stated in the Vegetation 3
Management Act, schedule, definition forest practice, paragraph 4
1(b)(ii). 5
(b) the person is not required, for conducting the forest 6
practice, to give the chief executive a notice in the 7
approved form stating the location of the native forest 8
practice. 9
Division 3 Particular development applications 10
for leasehold land 11
21 Particular development not for a relevant purpose 12
(1) This section applies to a vegetation clearing application for 13
development that is the clearing of the following vegetation 14
on relevant leasehold land if the area proposed to be cleared 15
was cleared before 31 December 1989-- 16
(a) endangered regrowth vegetation; 17
(b) riparian regrowth vegetation. 18
(2) Despite the Vegetation Management Act, section 22A(2)(j), 19
the development applied for is taken not to be for a relevant 20
purpose under that section. 21
(3) In this section-- 22
relevant leasehold land means land subject to a lease issued 23
under the Land Act 1994 for agriculture or grazing purposes. 24
Part 5 Offences and enforcement 25
22 Definition for pt 5 26
In this part-- 27
Page 14
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 5 Offences and enforcement
[s 23]
prohibited development means development that is the 1
clearing of endangered regrowth vegetation or riparian 2
regrowth vegetation if-- 3
(a) the development is modified schedule 8 development; 4
and 5
(b) there is no exemption for the development; and 6
(c) the clearing was carried out in the period-- 7
(i) starting at the beginning of 8 April 2009; and 8
(ii) ending immediately before the date of assent. 9
23 Clearing of particular regrowth vegetation in particular 10
period not an offence 11
The Planning Act, section 4.3.1(1), to the extent the provision 12
relates to prohibited development, does not apply to a person 13
carrying out prohibited development. 14
24 Show cause notice must be given 15
(1) This section applies if the chief executive or an authorised 16
officer under the Vegetation Management Act (each an 17
official) reasonably believes a person has carried out 18
prohibited development. 19
(2) The official must, before giving the person a notice (a 20
compliance notice) requiring the person to rectify the matter, 21
give the person a show cause notice about the matter. 22
(3) The show cause notice must state the following-- 23
(a) the proposed action; 24
(b) the grounds for the proposed action; 25
(c) the facts and circumstances forming the basis for the 26
grounds; 27
(d) that the person may make submissions about the show 28
cause notice; 29
(e) how to make a properly made submission; 30
Page 15
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 5 Offences and enforcement
[s 25]
(f) where the submission may be made or sent; 1
(g) a day and time within which the submission must be 2
made. 3
(4) The day stated in the notice must be at least 21 days after the 4
notice is given. 5
25 Ending show cause process without further action 6
(1) This section applies if, after considering any properly made 7
submission by a person given a show cause notice, the chief 8
executive no longer believes a ground exists to take the 9
proposed action. 10
(2) The chief executive must not take any further action about the 11
show cause notice. 12
(3) The chief executive must give the person a notice stating that 13
the proposed action will not be taken. 14
26 Compliance notice for rectification 15
(1) If an official reasonably believes a person has carried out 16
prohibited development, the official may give the person a 17
compliance notice. 18
(2) The compliance notice must state-- 19
(a) that the official believes the person has carried out 20
prohibited development; and 21
(b) the prohibited development the official believes has 22
been carried out; and 23
(c) briefly, how it is believed the prohibited development 24
has been carried out; and 25
(d) the matter the official believes is reasonably capable of 26
being rectified; and 27
(e) the reasonable steps the person must take to rectify the 28
matter; and 29
Page 16
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 6 Appeals and legal proceedings
[s 27]
(f) the stated reasonable period in which the person must 1
take the steps. 2
(3) The compliance notice may be given only if, after considering 3
any properly made submission by the person about the show 4
cause notice, the official still believes it is appropriate to give 5
the compliance notice. 6
(4) The Vegetation Management Act, sections 55(4) to (11) and 7
55A and part 4, division 1 apply as if the compliance notice 8
were a compliance notice given under that Act. 9
Editor's note-- 10
Vegetation Management Act, sections 55 (Compliance notice) and 55A 11
(Record of compliance notice in land registry) and part 4 (Appeals and 12
legal proceedings), division 1 (Appeals) 13
Part 6 Appeals and legal proceedings 14
Division 1 Moratorium maps and PMAVs 15
27 Non-application of Judicial Review Act 1991 16
(1) The Judicial Review Act 1991 does not apply to the following 17
matters under this Act-- 18
(a) conduct engaged in for the purpose of making a relevant 19
decision; 20
(b) other conduct that relates to the making of a relevant 21
decision; 22
(c) the making of a relevant decision or the failure to make a 23
relevant decision; 24
(d) a relevant decision. 25
(2) In particular, for subsection (1), the Supreme Court does not 26
have jurisdiction to hear and determine applications made to it 27
Page 17
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 6 Appeals and legal proceedings
[s 28]
under the Judicial Review Act 1991, part 3 or 5 in relation to 1
matters mentioned in subsection (1). 2
(3) In this section-- 3
relevant application means a PMAV application made on or 4
after the beginning of 26 March 2009 and before the date of 5
assent. 6
relevant decision means-- 7
(a) a decision to agree to make a PMAV the subject of a 8
relevant application; or 9
(b) the certifying by the chief executive of a moratorium 10
map or an amendment of a moratorium map; or 11
(c) a decision, or cessation of decision-making, made or 12
permitted under section 34. 13
28 No appeals about moratorium map, PMAV and particular 14
applications 15
(1) A person can not appeal under any Act or other law-- 16
(a) in relation to the chief executive certifying a moratorium 17
map or an amendment of a moratorium map; or 18
(b) about a delay in the chief executive agreeing to make a 19
PMAV the subject of a relevant application; or 20
(c) about a decision, or cessation of decision-making, made 21
or permitted under section 34. 22
(2) In this section-- 23
appeal includes to seek injunctive or any other relief in a 24
proceeding. 25
relevant application means a PMAV application made on or 26
after the beginning of 26 March 2009 and before the date of 27
assent. 28
Page 18
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 6 Appeals and legal proceedings
[s 29]
Division 2 Exemptions 1
29 Who may appeal 2
A person who has been refused an exemption or granted an 3
exemption on conditions may appeal against the decision to 4
the Magistrates Court. 5
30 Starting appeal 6
(1) An appeal is started by-- 7
(a) filing notice of appeal with the Magistrates Court; and 8
(b) serving a copy of the notice on the chief executive; and 9
(c) complying with rules of court applicable to the appeal. 10
(2) The notice of appeal must be filed within 28 days after the 11
appellant receives notice of the decision appealed against. 12
(3) The notice of appeal must state fully the grounds of the appeal 13
and the facts relied on. 14
31 Hearing procedures 15
(1) In deciding an appeal, the Magistrates Court-- 16
(a) has the same powers as the chief executive in making 17
the decision appealed against; and 18
(b) is not bound by the rules of evidence; and 19
(c) must comply with natural justice. 20
(2) An appeal is by way of rehearing, unaffected by the decision. 21
32 Court's powers on appeal 22
In deciding an appeal, the Magistrates Court may-- 23
(a) confirm the decision appealed against; or 24
Page 19
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 7 Miscellaneous provisions
[s 33]
(b) set aside the decision and return the matter to the chief 1
executive with directions the court considers 2
appropriate. 3
33 Appeal to District Court 4
An appeal lies to a District Court from a decision of the 5
Magistrates Court, but only on a question of law. 6
Part 7 Miscellaneous provisions 7
34 Chief executive may stop making decisions about, or 8
giving responses to, particular applications 9
(1) The chief executive may, in the moratorium period, take all or 10
any of the steps mentioned in subsection (2) if satisfied it is 11
necessary or desirable for achieving the purpose of this Act or 12
the Vegetation Management Act to take the steps. 13
(2) For subsection (1), steps are-- 14
(a) despite part 3, division 3, stop deciding applications for 15
exemptions; or 16
(b) for a stated period, stop deciding relevant vegetation 17
clearing applications; or 18
(c) for a stated period, stop giving the assessment manager 19
its referral agency's responses to relevant development 20
applications. 21
(3) For subsection (2)(b) and (c), the period the chief executive 22
has to decide relevant vegetation clearing applications or 23
assess relevant development applications does not end until 24
the end of the stated period. 25
(4) In this section-- 26
Page 20
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 7 Miscellaneous provisions
[s 35]
relevant development applications means development 1
applications made before or in the moratorium period for 2
which-- 3
(a) the chief executive is a concurrence agency; and 4
(b) the jurisdiction under the Planning Act, section 3.1.8 for 5
the concurrence agency is the purpose of the Vegetation 6
Management Act. 7
relevant vegetation clearing applications means vegetation 8
clearing applications, made before or in the moratorium 9
period, for which the chief executive is the assessment 10
manager. 11
35 Copies of moratorium map to be available for inspection 12
and purchase 13
(1) The chief executive must-- 14
(a) keep the digital electronic form of a moratorium map 15
available for inspection, free of charge, by members of 16
the public at particular regional offices; and 17
(b) publish the digital electronic form of the moratorium 18
map on the department's website on the internet. 19
Editor's note-- 20
The department's website address at the commencement of this Act was 21
. The regional offices where the digital 22
electronic form of a moratorium map can be inspected are stated on the 23
department's website. 24
(2) On payment of a fee, a person may buy a copy of a 25
moratorium map. 26
(3) The fee for the copy of a moratorium map must not be more 27
than the reasonable cost of publishing the copy. 28
(4) The following must be held in digital electronic form by the 29
department-- 30
(a) the exact location of the boundary of the moratorium 31
vegetation regrowth area; 32
Page 21
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 7 Miscellaneous provisions
[s 36]
(b) the approximate location of each of the moratorium 1
watercourses. 2
Note-- 3
The department uses a geographic information system for capturing, 4
managing, analysing and displaying the data for a moratorium map for a 5
particular property. 6
(5) The information held in digital electronic form must be able to 7
be reduced or enlarged to show the details of the boundaries 8
of the moratorium vegetation regrowth area. 9
36 Evidentiary aids 10
A certificate purporting to be signed by the chief executive 11
stating any of the following matters is evidence of the 12
matter-- 13
(a) a stated document is one of the following things made, 14
certified and maintained, given, or issued under this 15
Act-- 16
(i) a decision; 17
(ii) a compliance notice; 18
(iii) a moratorium map, as in force for a stated day, or 19
during a stated period; 20
(b) a stated document is a copy of, or an extract from or part 21
of a document kept or made under this Act; 22
(c) on a stated day, or during a stated period, an 23
exemption-- 24
(i) was, or was not in force; or 25
(ii) was, or was not, subject to a stated condition. 26
37 No compensation payable 27
To remove any doubt, it is declared that no amount, whether 28
by way of compensation, reimbursement or otherwise, is 29
payable by the State to any person for or in connection with 30
Page 22
Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Part 8 Savings and transitional provisions
[s 38]
the operation of this Act or its effect on a person's interest in 1
any moratorium area. 2
Part 8 Savings and transitional 3
provisions 4
38 Development approvals under the Planning Act 5
(1) This section applies if, immediately before the start of the 6
moratorium period, a development approval under the 7
Planning Act is in effect for land in an area that, under section 8
5, becomes a moratorium area. 9
(2) The approval continues in effect as if the area had not become 10
a moratorium area. 11
39 Existing development applications 12
(1) This section applies if, immediately before the start of the 13
moratorium period-- 14
(a) a development application had been made for land in an 15
area that, under section 5, becomes a moratorium area; 16
and 17
(b) the application was a properly made application and had 18
not lapsed under the Planning Act; and 19
(c) the application had not been decided. 20
(2) The assessment manager must not, in the moratorium period, 21
approve the application to the extent the development applied 22
for is clearing endangered regrowth vegetation or riparian 23
regrowth vegetation. 24
Note-- 25
Part 3, division 3 deals with applications for exemptions for modified 26
schedule 8 development. 27
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Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Schedule 1
Schedule 1 Modified schedule 8 1
section 11 2
Note-- 3
The paragraphs that have been modified are in bold type. 4
Table 4: Operational works
For clearing native vegetation on freehold land and indigenous land
1A Operational work that is the clearing of native vegetation on freehold land
and indigenous land, unless the clearing is--
(a) the clearing of vegetation to which VMA does not apply; or
(b) for a forest practice, other than on indigenous land on which the State
owns the trees; or
(c) to the extent necessary for building on a lot, other than indigenous land,
a single residence, and any reasonably associated building or structure,
if the building of the residence--
(i) is building work for which a development permit for a building
development application has been issued; or
(ii) is building work mentioned in part 2, table 1, item 1; or
(iii) is development to which chapter 5, part 6 applies; or
(ca) to the extent necessary for building residences on indigenous land, and
any reasonably associated building or structure, for Aboriginal or
Torres Strait Islander inhabitants of the land or persons providing
educational, health, police or other community services for the
inhabitants if the building of the residences--
(i) is building work for which a development permit for a building
development application has been issued; or
(ii) is building work mentioned in part 2, table 1, item 1; or
(iii) is development to which chapter 5, part 6 applies; or
(d) necessary for essential management; or
(e) in an area shown on a property map of assessable vegetation as a
category X area; or
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Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Schedule 1
Table 4: Operational works
(f) in an area for which there is no property map of assessable
vegetation and the vegetation is not any of the following--
(i) remnant vegetation;
(ii) endangered regrowth vegetation;
(iii) riparian regrowth vegetation; or
(g) for urban purposes in an urban area that is--
(i) shown on a property map of assessable vegetation as a category
2 area or a category 3 area; or
(ii) if there is no property map of assessable vegetation for the
area--a remnant of concern regional ecosystem, a remnant not
of concern regional ecosystem or the vegetation is endangered
regrowth vegetation or riparian regrowth vegetation; or
(ga) for urban purposes in an urban area in a wild river high preservation
area and the vegetation is--
(i) a remnant of concern regional ecosystem; or
(ii) a remnant not of concern regional ecosystem; or
(iii) not remnant vegetation; or
(h) necessary for routine management in an area of the land--
(i) shown on a property map of assessable vegetation as a category
3 area; or
(ii) for which there is no property map of assessable vegetation and
the vegetation is a remnant not of concern regional ecosystem,
endangered regrowth vegetation or riparian regrowth
vegetation; or
(i) on indigenous land, gathering, digging or removing forest products
for--
(i) the purpose of improving the land or for use under the Local
Government (Aboriginal Lands) Act 1978, section 28; or
(ii) use under the Aboriginal and Torres Strait Islander Communities
(Justice, Land and Other Matters) Act 1984, section 62; or
(j) for a specified activity, other than schedule 10, definition specified
activity, paragraph (a); or
(ja) for schedule 10, definition specified activity, paragraph (a) to the
extent it involves clearing vegetation other than endangered
regrowth vegetation or riparian regrowth vegetation; or
(k) in an urban development area; or
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Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Schedule 1
Table 4: Operational works
(l) on airport land and the operational work--
(i) is consistent with the land use plan approved under the Airport
Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1 for
the land; and
(ii) is carried out on land that is not stated, under the land use plan, to
remain undeveloped land.
For clearing native vegetation on leasehold land used for agriculture or
grazing
1B Operational work that is the clearing of native vegetation on land subject to
a lease issued under the Land Act 1994 for agriculture or grazing purposes,
unless the clearing is--
(a) the clearing of vegetation to which VMA does not apply; or
(b) to the extent necessary, for building on a lot a single residence, and any
reasonably associated building or structure, if the building of the
residence--
(i) is building work for which a development permit for a building
development application has been issued; or
(ii) is building work mentioned in part 2, table 1, item 1; or
(iii) is development to which chapter 5, part 6 applies; or
(c) necessary for essential management; or
(d) in an area shown on a property map of assessable vegetation as a
category X area; or
(e) in an area for which there is no property map of assessable
vegetation, the area has been cleared after 31 December 1989 and
the vegetation is not any of the following--
(i) remnant vegetation; or
(ii) endangered regrowth vegetation; or
(iii) riparian regrowth vegetation; or
(f) necessary for routine management in an area of the land--
(i) shown on a property map of assessable vegetation as a category 3
area or category 4 area; or
(ii) for which there is no property map of assessable vegetation, and
the vegetation is a remnant not of concern regional ecosystem or
the vegetation is not remnant vegetation; or
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Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Schedule 1
Table 4: Operational works
(g) for a specified activity, other than schedule 10, definition specified
activity, paragraph (a); or
(h) for schedule 10, definition specified activity, paragraph (a) to the
extent it involves clearing vegetation other than endangered
regrowth vegetation or riparian regrowth vegetation.
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Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Schedule 2
Schedule 2 Dictionary 1
section 4 2
compliance notice see section 24(2). 3
endangered regrowth vegetation see section 8(1). 4
exemption means an exemption granted by the chief executive 5
under section 14 for modified schedule 8 development. 6
modified schedule 8 see section 11(1)(b). 7
modified schedule 8 development means development that-- 8
(a) immediately before the moratorium period, was exempt 9
development under the Planning Act; but 10
(b) in the moratorium period, is assessable development 11
under modified schedule 8 and is not the subject of an 12
exemption. 13
moratorium area see section 5. 14
moratorium map see section 6. 15
moratorium period see section 7. 16
official see section 24(1). 17
Planning Act means the Integrated Planning Act 1997. 18
PMAV means property map of assessable vegetation. 19
PMAV application means an application to make a PMAV 20
under the Vegetation Management Act, section 20C. 21
prohibited development, for part 5, see section 22. 22
properly made submission means a submission that-- 23
(a) is written; and 24
(b) is signed by each person (a signatory) who made the 25
submission; and 26
(c) states the name and address of each signatory; and 27
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Vegetation Management (Regrowth Clearing Moratorium) Bill 2009
Schedule 2
(d) states the grounds of the submission and the facts and 1
circumstances relied on in support of the grounds; and 2
(e) is made to the person stated in the notice inviting the 3
submission; and 4
(f) is received on or before the last day under the relevant 5
show cause notice for the making of the submission. 6
riparian regrowth vegetation see section 8(2). 7
show cause notice means a notice that complies with section 8
24(3). 9
Vegetation Management Act means the Vegetation 10
Management Act 1999. 11
© State of Queensland 2009
Authorised by the Parliamentary Counsel
and printed by the Government Printer
Page 29
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