VEGETATION MANAGEMENT ACT 1999

Queensland Consolidated Acts

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VEGETATION MANAGEMENT ACT 1999

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

1. Short title
3. Purpose of Act
4. Advancing the Act's purpose
5. Definitions
6. Act binds all persons
7. Application of Act

Part 2--Vegetation management

Division 1--Key concepts

8. What is vegetation
9. What is vegetation management

Division 2--State policy for vegetation management

10. State policy for vegetation management

Division 3--Regional vegetation management codes

11. Minister must approve regional vegetation management codes
12. Preparing codes
13. Minister must consider all properly made submissions
14. Publication of codes
15. Minor or stated amendments of regional vegetation management code

Division 4--Declaration of areas of high nature conservation value and areas vulnerable to land degradation
Subdivision 1--Declarations by Governor in Council or Minister

16. Preparing declaration
17. Making declaration
18. Interim declaration
19. Criteria for declarations
19A. Preparing amendment of declared area code
19B. Approving amendment of declared area code
19C. Minor or stated amendment of declared area code
19D. Application of ss 19A-19C to wild rivers code
Subdivision 2--Declarations by chief executive
19E. Request for declaration
19F. Making declaration
19G. Particular criteria for declaration
19H. Code for clearing of vegetation
19I. Amendment of management plan
19J. When management plan stops having effect
19K. Recording of declared areas and management plans
19L. Ending declaration
19M. Information to be available for inspection

Division 4A--Code for clearing vegetation for special indigenous purpose

19N. Code for clearing vegetation for special indigenous purpose

Division 5--Declarations about codes

20. IDAS codes for the clearing of vegetation
20A. Forest practice codes

Division 5A--Property map of assessable vegetation

20B. When chief executive may make property map of assessable vegetation
20C. When owner may apply for property map of assessable vegetation
20D. When maps may be replaced
20E. When maps may be revoked
20F. Copies of maps to be available
20G. Owners to be advised of revocation of maps

Division 6--Modifying effect of Planning Act

21. Modifying effect on vegetation clearing applications
22. Declarations for the Planning Act
22A. Particular vegetation clearing applications may be assessed
22B. Modifying Planning Act effect for delegations and appointment of referees
22C. Modifying Planning Act effect of appeal rights on particular applications (assessment manager)
22D. Modifying Planning Act effect of appeal rights on particular applications (concurrence agency)

Division 7--Broadscale applications and ballots

22E. Application of div 7
22F. Exception to s 22A(1)
22G. Regions and ballots
22H. Modifying Planning Act effect on changing broadscale application
22I. Modifying Planning Act time frames
22J. Modifying Planning Act effect on changing development approval
22K. Modifying Planning Act effect of appeal rights on broadscale applications
22L. Appeals

Division 7A--Classes of regional ecosystems

22LA. Endangered regional ecosystems
22LB. Of concern regional ecosystems
22LC. Not of concern regional ecosystems

Division 8--Miscellaneous

22M. Refusing vegetation clearing application after conviction for vegetation clearing offence

Part 3--Enforcement, investigations and offences

Division 1--Enforcement and investigations
Subdivision 1--Authorised officers

24. Appointment and qualifications of authorised officers
25. Functions and powers of authorised officers
26. Conditions of appointment of authorised officers
27. Authorised officer's identity card
28. Failure to return identity card
29. Production or display of identity card
Subdivision 2--Power to enter places
30. Power to enter places
Subdivision 3--Procedure for entry
31. Entry with consent
32. Application for warrant
33. Issue of warrant
34. Special warrants
35. Warrants—procedure before entry
Subdivision 4--Powers after entering a place
36. General powers after entering places
37. Failure to help authorised officer
38. Failure to give information
Subdivision 5--Power to seize evidence
39. Seizing evidence
40. Securing seized things
41. Tampering with seized things
42. Powers to support seizure
43. Receipts for seized things
44. Forfeiture by authorised officer
45. Forfeiture on conviction
46. Dealing with forfeited things
47. Return of seized things
48. Access to seized things
Subdivision 6--Power to obtain information
49. Power to require name and address
50. Failure to give name or address
51. Power to require information
52. Power to require production of documents
53. Failure to certify copy of document
54. Failure to produce document
Subdivision 7--Power to require compliance
55. Compliance notice
55A. Record of compliance notice in land registry

Division 2--Other enforcement provisions
Subdivision 1--Obtaining criminal history reports

55B. Purpose of sdiv 1
55C. Chief executive's power to obtain criminal history report
55D. Criminal history is confidential document
Subdivision 2--Notice of damage and compensation
56. Notice of damage
57. Compensation

Division 3--Offences

58. False or misleading statements
59. False or misleading documents
59A. Impersonation of authorised officer
60. Obstructing an authorised officer
60A. Executive officers must ensure corporation complies with Act
60B. Guide for deciding penalty for vegetation clearing offence
61. Ability to prosecute under other Acts

Part 4--Appeals and legal proceedings

Division 1--Appeals

62. Who may appeal
63. Stay of operation of decision

Division 2--Evidence

64. Application of div 2
65. Appointments and authority
66. Signatures
66A. Instruments, equipment and installations
66B. Certificate or report about remotely sensed image
67. Evidentiary aids
67A. Responsibility for unauthorised clearing of vegetation

Division 2A--Defences

67B. Defence in proceeding for vegetation clearing offence

Division 3--Proceedings

68. Summary proceedings for offences
68A. Particulars to be stated for complaint for vegetation clearing offence
68B. Representation of departmental officer in court
68C. Recovery of costs of investigation

Part 5--Miscellaneous

68D. Approved forms
69. Advisory committees
70. Regional vegetation management committees
70A. Application of development approvals and exemptions for Forestry Act
70B. Record of development approvals and property maps of assessable vegetation in land registry
71. Protecting officials from civil liability
72. Regulation-making power

Part 6--Transitional and declaratory provisions

Division 1--Transitional provisions for Act No. 90 of 1999

73. Existing development approvals and applications for development approvals under the Planning Act
74. Existing development control plans and special facilities zones

Division 2--Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2004

75. What may be approved as codes
76. Existing applications (pre VACA) and development approvals
77. Existing applications (pre VACA) and permits under the Land Act 1994
78. Existing applications (post VACA) under the Land Act 1994
79. When the Land Act 1994 continues to apply
80. Modifying effect of Planning Act for owner's consent

Division 3--Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2005

81. Effect on existing riverine protection permits
82. Validation of particular clearing
83. Validation of regional vegetation management codes

Division 4--Transitional provision for Land and Other Legislation Amendment Act 2007

84. Existing appeals under s 22C

Division 5--Declaratory and transitional provisions for Vegetation Management Amendment Act 2008

85. Declaration about types of regional ecosystems
86. Amendment of regulation
SCHEDULE -- DICTIONARY
Endnotes

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