VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2018 - SECT 38 Amendment of schedule (Dictionary)

VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2018 - SECT 38

38 Amendment of schedule (Dictionary)

(1) Schedule, definitions
"accreditation notice" ,
"accredited existing planning document" ,
"approved draft plan" ,
"area management plan" ,
"area plan (chief executive)" ,
"clearing area" ,
"clearing assessment benchmarks" ,
"crops" ,
"draft plan" ,
"existing planning document" ,
"high risk species" ,
"high value agriculture clearing" ,
"high value regrowth vegetation" ,
"identifying number" ,
"irrigated high value agriculture clearing" ,
"mandatory condition" ,
"owner" ,
"plan period" ,
"proposed area" ,
"referral matter" ,
"thinning" and
"vegetation clearing provision" —

omit.

(2) Schedule—

insert—


"area management plan" see section 21.


"enforceable undertaking" see section 68CC(1).


"high value regrowth vegetation" means vegetation located—

(a) on freehold land, indigenous land, or land subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes or an occupation licence under that Act; and

(b) in an area that has not been cleared (other than for relevant clearing activities) for at least 15 years, if the area is—

(i) an endangered regional ecosystem; or

(ii) an of concern regional ecosystem; or

(iii) a least concern regional ecosystem.

"managing thickened vegetation" means the selective clearing of vegetation at a locality that does not include clearing using a chain or cable linked between 2 tractors, bulldozers or other traction vehicles—

(a) to restore a regional ecosystem to the floristic composition and range of densities typical of the regional ecosystem in the bioregion in which it is located; and

(b) to maintain ecological processes and prevent loss of biodiversity.

"owner" , of land, includes the following—

(a) for freehold land—the registered owner;

(b) for a lease, licence or permit under the Land Act 1994—the lessee, licensee or permittee ;

(c) for indigenous land—the holder of the title to the land;

(d) for any tenure under any other Act—the holder of the tenure.

"relevant clearing activities" means—

(a) fodder harvesting; or

(b) managing thickened vegetation; or

(c) clearing of encroachment; or

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

(e) necessary environmental clearing; or

(f) managing, felling and removing trees for an ongoing forestry business.

"vegetation clearing provision" means any of the following to the extent the provision relates to the clearing of vegetation—

(a) the Planning Act , section 162, 163(1), 164, 165 or 168(5);

(b) for the clearing of vegetation that happened before the repeal of the Sustainable Planning Act 2009 —section 578(1), 580(1), 581(1), 582 or 594(1) of that Act.

(3) Schedule, definition
"fodder harvesting" , paragraph 2(a) to (h)—

omit, insert—

(a) Acacia aneura;

(b) Acacia brachystachya;

(c) Acacia excelsa;

(d) Acacia pendula;

(e) Acacia sibirica;

(f) Alphitonia excelsa;

(g) Flindersia maculosa;

(h) Geijera parviflora.

(4) Schedule, definition
"forest practice" , paragraph 1(b)—

omit, insert—

(b) native forest if, in the native forest, all the activities are conducted in a way that—

(i) ensures restoration of a similar type, and to the extent, of the removed trees; and

(ii) ensures trees are only felled for the purpose of being sawn into timber or processed into another value-added product (other than woodchips for an export market); and

(iii) does not cause land degradation; and

(iv) is consistent with the accepted development vegetation clearing code for native forest practice.

(5) Schedule, definition
"plan area" , ‘ section 20I ’—

omit, insert—

section 21

(6) Schedule, definition
"protected wildlife" , ‘or vulnerable wildlife’—

omit, insert—

, vulnerable wildlife or near threatened wildlife

(7) Schedule, definition
"regrowth watercourse and drainage feature area" , ‘Burdekin, Mackay Whitsunday or Wet Tropics catchments identified’—

omit, insert—

Burdekin, Burnett-Mary, Eastern Cape York, Fitzroy, Mackay Whitsunday or Wet Tropics catchments represented

(8) Schedule, definition
"restricted (fodder harvesting) land" , ‘ section 20I ’—

omit, insert—

section 21A