VEGETATION MANAGEMENT ACT 1999 - SECT 20CA
Process before making PMAV
VEGETATION MANAGEMENT ACT 1999 - SECT 20CA
Process before making PMAV
20CA Process before making PMAV
(1) This section applies if—
(a) an owner of land applies under section 20Cfor the making of a PMAV for the land or part of the land; and
(b) the owner
proposes that the land or part of the land (the
"relevant area" ) be a category X area on the PMAV.
(2) The chief executive
can not make the relevant area a category X area on the PMAV if any of the
circumstances mentioned in section 20AHor 20AIfor the area have happened
unless the area has later been cleared and—
(a) the clearing was carried out
under a moratorium exemption; or
(b) the clearing was carried out under a
development approval other than a development approval for—
(iv) controlling non-native plants or declared pests; or
(v) necessary environmental clearing; or
(e) the clearing was not carried out
under an accepted development vegetation clearing code or an area management
plan and, when the clearing was carried out, the clearing did not require a
development permit under the Planning Act .
(3) Also, the chief executive can
not make the relevant area a category X area on the PMAV if—
(a) the
vegetation in the relevant area is not remnant vegetation or high value
regrowth vegetation because of clearing that happened because of burning,
flooding or natural causes; or
(3A) However, subsection (3) does not prevent the chief
executive making the relevant area a category X area on the PMAV if clearing
in the area was carried out under subsection (2) (a) , (b) , (c) , (d) or (e)
after the clearing mentioned in subsection (3) (a) or (b) .
(4) If the chief
executive considers the relevant area can not be made a category X area
because of subsection (2) or (3) , the chief executive must, before making the
PMAV, give the owner of the land a notice inviting the owner to show why the
relevant area should be a category X area.
(5) The notice must state the
following—
(a) the grounds for the proposed decision that the relevant area
is not a category X area;
(b) the facts and circumstances forming the basis
for the grounds;
(c) the proposed boundaries of the vegetation category areas
for the PMAV;
(d) that the owner may make submissions about the proposed
decision;
(g) a period within which the submission must
be made.
(6) The stated period must be at least 15 business days after the
notice is given.
(7) If, after considering any properly made submission by
the owner, the chief executive still considers the relevant area is not a
category X area, the chief executive may make the relevant area other than a
category X area on the PMAV.
(8) The chief executive must give the owner an
information notice about the decision to make the relevant area other than a
category X area.
(9) In this section—
"lawfully carried out" , for the clearing of vegetation, means the clearing
was, at the time of the clearing, authorised or permitted under this Act or
under any of the following—