VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2018 - SECT 37 Insertion of new pt 6, div 13

VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2018 - SECT 37

37 Insertion of new pt 6, div 13

Part 6 —

insert—

Division 13 - Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2018

128 Definitions for division In this division—


"area management plan" means an area management plan in force immediately before 8 March 2018.


"date of assent" means the date of assent of the Vegetation Management and Other Legislation Amendment Act 2018.


"interim period" means the period starting on 8 March 2018 and ending immediately before the date of assent.


"near threatened wildlife" see the Nature Conservation Act 1992, schedule.


"unlawful clearing" means clearing of vegetation that, because of the amendment of this Act or the Planning Act by the Vegetation Management and Other Legislation Amendment Act 2018, constitutes a development offence under the Planning Act .

129 Applications under s 20C made but not decided before 8 March 2018

(1) This section applies if—

(a) before 8 March 2018, an application was made under section 20C; and

(b) immediately before 8 March 2018, the application had not been decided.

(2) The chief executive must continue to deal with and decide the application under this Act as in force before 8 March 2018.

130 Applications under s 20C made during the interim period

(1) This section applies if, during the interim period, an application was made under section 20C to show an area on a PMAV as a category X area that, after 8 March 2018, becomes a category C area or category R area.

(2) A decision of the chief executive to show the area as a category X area on a PMAV during the interim period is taken to have no effect.

(3) The chief executive may reconsider and decide the application and remake the PMAV after the date of assent.

131 Proposed regulated vegetation management map

(1) During the interim period, the chief executive must publish, and may republish, on the department’s website, a proposed regulated vegetation management map showing proposed category C areas and category R areas.

(2) The proposed regulated vegetation management map is taken to be the regulated vegetation management map on 8 March 2018.

132 How definition high value regrowth vegetation and codes apply during and after interim period

(1) During the interim period, the schedule, definition
"high value regrowth vegetation" , paragraph (a) is taken to include a reference to vegetation located on freehold land, indigenous land or land subject of an occupation licence under the Land Act 1994 .

(2) Until the Minister remakes it under section 19O after the date of assent, the category C code applies to high value regrowth vegetation on land mentioned in subsection (1) in the same way it applies to high value regrowth vegetation located on a lease issued under the Land Act 1994 for agriculture or grazing purposes.

(3) Until the Minister remakes it under section 19O after the date of assent, the native forest practice code applies to high value regrowth vegetation on freehold land and indigenous land in the same way it applies to remnant vegetation on freehold land and indigenous land.

(4) An area management plan applies to high value regrowth vegetation on land mentioned in subsection (1) in the same way it applies to high value regrowth vegetation located on a lease issued under the Land Act 1994 for agriculture or grazing purposes, until the end of the plan period for the plan.

(5) In this section—


"category C code" means the accepted development vegetation clearing code called ‘Managing category C regrowth vegetation’.


"native forest practice code" means the accepted development vegetation clearing code called ‘Managing a native forest practice’.

133 How definition regrowth watercourse and drainage feature area applies during and after the interim period

(1) During the interim period, the schedule, definition
"regrowth watercourse and drainage feature area" is also taken to mean an area located within 50m of a watercourse or drainage feature located in the following catchments identified on the vegetation management watercourse and drainage feature map—

(a) Burnett-Mary;

(b) Eastern Cape York;

(c) Fitzroy.

(2) Until the Minister remakes it under section 19O after the date of assent, the category R code applies to the catchments mentioned in subsection (1)(a), (b) or (c) in the same way it applies to the catchments mentioned in the definition
"regrowth watercourse and drainage feature area" .

(3) An area management plan applies to the catchments mentioned in subsection (1)(a), (b) or (c) in the same way it applies to the catchments mentioned in the definition
"regrowth watercourse and drainage feature area" , until the end of the plan period for the plan.

(4) In this section—


"category R code" means the accepted development vegetation clearing code called ‘Managing category R regrowth vegetation’.

134 Restoration and other requirements after unlawful clearing

(1) This section applies if a person undertakes unlawful clearing during the interim period.

(2) The chief executive may give the person a restoration notice in relation to the unlawful clearing.

(3) The chief executive may, in addition to the matters mentioned in section 54B(3), also include additional requirements in the notice for the person to undertake.

(4) Without limiting subsection (3), the restoration notice may require the person to restore land in addition to the land the subject of the unlawful clearing.

(5) In deciding the additional requirements for the restoration notice, the chief executive must have regard to the environmental offsets policy under the Environmental Offsets Act 2014 .

(6) The restoration notice, including any additional requirements, is taken to be a restoration notice for this Act.

135 No compensation payable To remove any doubt, it is declared that no amount, whether by way of compensation, reimbursement or otherwise, is payable by the State to any person for, or in connection with, a provision of this division that applies in relation to the interim period.

136 Area management plans that are to remain in force for 2 years

(1) This section applies to an area management plan, other than a plan made by the chief executive under section 20UA, that relates to the following—

(a) clearing of encroachment;

(b) thinning;

(c) fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land.

(2) The plan continues as an area management plan under this Act and remains in force until 8 March 2020.

(3) An entity that has given notification of an intention to clear vegetation under the plan before 8 March 2018 may continue to clear under the plan while it remains in force.

(4) However, an entity may not give notification under the plan after 8 March 2018.

(5) In this section—


"thinning" has the meaning given by this Act immediately before 8 March 2018.

137 Area management plans that are to remain in force until the end of the plan period for the plan

(1) This section applies to an area management plan that relates to the following—

(a) controlling non-native plants or declared pests;

(b) ensuring public safety;

(c) relevant infrastructure activities;

(d) necessary environmental clearing.

(2) The plan continues as an area management plan under this Act and remains in force until the end of the plan period for the plan.

(3) An entity may continue to give notification of an intention to clear vegetation under the plan, and clear under the plan, while it remains in force.

138 Amendment of area management plans

(1) An area management plan, other than a plan made by the chief executive under section 20UA, may be amended—

(a) by agreement between the chief executive and the applicant for the plan; or

(b) by the chief executive, if the chief executive considers the plan is not consistent with the State policy.

(2) If the chief executive amends an area management plan under subsection (1)(b), the chief executive must give the applicant for the plan written notice of the
"" amendment.

139 Revocation of particular area management plan

(1) The area management plan made by the chief executive under section 20UA called the ‘Managing fodder harvesting Mulga Lands Fodder Area Management Plan’ is revoked.

(2) For this Act—

(a) a notice for the intended clearing of vegetation given under the plan ceases to have effect when the plan is revoked; and

(b) the clearing can not continue to be carried out under the plan.

140 Applications under pt 2, div 5B, sdiv 2 made during the interim period

(1) This section applies if, during the interim period, an application was made under part 2, division 5B, subdivision 2.

(2) Any decision of the chief executive on the application during the interim period is taken to have no effect.

141 Proposed map showing essential habitat

(1) During the interim period, the chief executive must publish, and may republish, on the department’s website, a map showing areas of proposed essential habitat for protected wildlife and near threatened wildlife.

(2) For making the proposed map under subsection (1), protected wildlife under this Act is taken to include near threatened wildlife.

(3) The proposed map is taken to be the essential habitat map on 8 March 2018.

142 Provision about essential habitat

(1) During the interim period, a reference to essential habitat for protected wildlife in an accepted development vegetation clearing code or area management plan applies as if protected wildlife included near threatened wildlife.

(2) An accepted development vegetation clearing code applies in relation to near threatened wildlife as if that wildlife were protected wildlife, until the code is remade under section 19O after the date of assent.

(3) An area management plan applies in relation to near threatened wildlife as if that wildlife were protected wildlife, until the end of the plan period for the plan.

143 Application of particular instruments

(1) This section applies to development for which an environmental offset may be required under State Code 16: Native vegetation clearing of the State development assessment provisions under the Planning Act .

(2) The Environmental Offsets Regulation 2014 , schedule 2, section (2)(3)(b) applies as if the reference in that paragraph to an animal or a plant that is endangered wildlife or vulnerable wildlife included a reference to near threatened wildlife.

(3) Subsection (2) applies until the day the provision mentioned in the subsection is amended to provide for its application to near threatened wildlife.

(4) The Queensland Environmental Offsets Policy prescribed under the Environmental Offsets Act 2014 , section 12(1) applies as if—

(a) section 4.3.6 of the policy provided for a multiplier of 4 for essential habitat for near threatened wildlife; and

(b) table one, in section 4.3.13.2 of the policy applies to near threatened wildlife.

(5) Subsection (4) applies until the day the provision mentioned in the subsection is amended to provide for its application to near threatened wildlife.

(6) A reference in the Environmental Offsets Regulation 2014 , schedule 2 to the essential habitat map is taken to include a reference to the map mentioned in section 141.

144 Transitional provision for ss 20AH, 20AI and 20CA

(1) For deciding to show category B areas or category C areas on the regulated vegetation management map under this Act, sections 20AH(c) and 20AI(a) are taken to include a reference to thinning.

(2) For making a relevant area a category X area on a PMAV under this Act, section 20CA(2)(c) is taken to include a reference to thinning.

(3) In this section—


"thinning" has the meaning given by this Act immediately before the date of assent.