Land Amendment Regulation (No. 2) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 357 Land Act 1962 LAND AMENDMENT REGULATION (No. 2) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s.5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new Part 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 4A—TREE CLEARING 31 Prescribed plants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 32 Land highly vulnerable to land degradation . . . . . . . . . . . . . . . . . . . 4 33 Land of high nature conservation value . . . . . . . . . . . . . . . . . . . . . . . 4 34 Prescribed trees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 35 Routine management purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 36 Local guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 36A Prescribed trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Insertion of new Schedules 2A and 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE 2A PRESCRIBED TREES FOR THE PURPOSES OF SECTION 250(1) AND (7)(b) SCHEDULE 2B PRESCRIBED TREES FOR THE PURPOSE OF SECTION 250(19)(b) PART 1—TREES OF ANY GIRTH

2 Land Amendment (No. 2) No. 357, 1993 PART 2—TREES WITH A GIRTH OF MORE THAN 39 CENTIMETRES DIAMETER OVERBARK WHEN MEASURED AT A POINT 1.3 METRES ABOVE THE GROUND PART 3—TREES WITH A GIRTH OF MORE THAN 19 CENTIMETRES DIAMETER OVERBARK WHEN MEASURED AT A POINT 1.3 METRES ABOVE THE GROUND

3 Land Amendment (No. 2) No. 357, 1993 ˙ Short title 1. This regulation may be cited as the Land Amendment Regulation (No. 2) 1993 . ˙ Amended regulation 2. The Land Regulation 1988 is amended as set out in this regulation. ˙ Amendment of s.5 (Interpretation) 3. Section 5— insert — ‘ “bed and banks” has the meaning given by the WaterResourcesAct1989 ; “high water mark” has the meaning given by the Harbours Act 1955 ; “lake” has the meaning given by the WaterResourcesAct1989, and includes bed and banks and any other element of a lagoon, swamp, marsh or other natural collection of water that confines or contains water; “watercourse” has the meaning given by the Water Resources Act 1989, and includes bed and banks and any other element of a river, creek or stream that confines or contains water; “wetland” means any area of seasonally, intermittently or permanently waterlogged soils or land (whether fresh or brackish) that is inundated by the highest astronomical tide. ’. ˙ Insertion of new Part 4A 4. After section 30— insert — ‘PART 4A—TREE CLEARING

4 Land Amendment (No. 2) No. 357, 1993 ˙ ‘Prescribed plants ‘31. For the purposes of the definition “tree” in section 5(1) of the Act, the following are prescribed plants— (a) parkinsonia ( Parkinsonia aculeata ); (b) lantana ( Lantana camara ). ˙ ‘Land highly vulnerable to land degradation ‘32. For the purposes of paragraph (a) of the definition “critical area” in section 250(1) of the Act, land that is prescribed as being highly vulnerable to land degradation is land that could reasonably be expected, if it is cleared, to be the subject of— (a) soil erosion that could not be controlled by management practices; or (b) the development of salinity; or (c) heavy regrowth or weed invasion that would be impractical to control; or (d) mass movement by soil creep, earth flow, slumping, landslip, landslide or rock avalanche; or (e) another type of substantial deterioration that— (i) is peculiar to the particular locality in which the land is situated; and (ii) has been specified in local guidelines determined by the chief executive as applying to the locality. ˙ ‘Land of high nature conservation value ‘33. For the purposes of paragraph (b) of the definition “critical area” in section 250(1) of the Act, the following land is prescribed as being of high nature conservation value— (a) land that is the habitat of rare or threatened wildlife within the meaning of the Nature Conservation Act 1992 ; (b) land that, in relation to the particular locality in which it is situated, has ecosystems or particular species of plants or animals

5 Land Amendment (No. 2) No. 357, 1993 specified in local guidelines determined by the chief executive as ecosystems or species that are rare or poorly represented in the locality; (c) land that is within 40 m of a watercourse or lake; (d) land within 400 m of the point which the highest astronomical tide reaches on a river, creek or stream; (e) a wetland; (f) land within 1 km of the high water mark at the coastline; (g) land that has particular local landscape features that are specified by the chief executive in a letter given to the lessee of the land. ˙ ‘Prescribed trees ‘34.(1) For the purposes of— (a) paragraph (d) of the definition “tree management plan” in section 250(1) of the Act; and (b) section 250(7)(b) of the Act; prescribed trees are the trees listed in Schedule 2A. ‘(2) For the purposes of section 250(19)(b) of the Act, prescribed trees are the trees listed in Schedule 2B. ˙ ‘Routine management purposes ‘35.(1) For the purposes of section 250(18) of the Act, the following are prescribed routine management purposes— (a) obtaining replacement fence posts for the immediate repair of a fence; (b) obtaining replacement yard rails or yard posts for the immediate repair of a yard; (c) establishing, in accordance with local guidelines that may be determined by the chief executive, reasonable access for fence maintenance purposes on each side of an existing internal fence or on the inside of an existing boundary fence;

6 Land Amendment (No. 2) No. 357, 1993 (d) constructing and maintaining, in accordance with local guidelines that may be determined by the chief executive, a road giving access to a facility, if the road is of reasonable width and construction having regard to the frequency of use of the road and the type of facility; (e) establishing, in accordance with local guidelines that may be determined by the chief executive, a firebreak of reasonable width along each side of an existing internal fence, on the inside of an existing boundary fence or around an existing building, stock yard or watering facility; (f) protecting or maintaining natural or lawfully established pasture by controlled burning aimed at— (i) reducing combustible material; or (ii) promoting regeneration of pasture; (g) removing regrowth (other than regrowth of mulga species ( Acacia aneura )) that has emerged after clearing that happened under a permit issued after 1 January 1990; (h) ensuring the safety of persons or property if a real and immediate threat exists; (i) provision of fodder if the clearing consists of the lopping of trees (other than sandalwood ( Santalum lanceolatum )); (j) maintaining a garden or orchard. Examples of facilities mentioned in paragraph (d)— Building, yard, watering point. ‘(2) Local guidelines are to be determined by the chief executive having regard to the particular physical characteristics of the locality. ˙ ‘Local guidelines ‘36.(1) Local guidelines made under sections 32(e)(ii), 33(b) and 35(1)(c), (d) and (e) may relate to particular land or land in a particular locality. ‘(2) Local guidelines must be published in the Gazette.

7 Land Amendment (No. 2) No. 357, 1993 ‘(3) Sections 43 to 45 of the Statutory Instruments Act 1992 apply to local guidelines as if they were subordinate legislation. ˙ ‘Prescribed trustees ‘36A. For the purposes of section 250(20) of the Act, the following are prescribed trustees— (a) a trustee who is a Minister; (b) a trustee who is a chief executive of a department; (c) a Harbour Board within the meaning of the Harbours Act 1955 ; (d) an Electricity Board or Electricity Authority within the meaning of the Electricity Act 1976 . ’. ˙ Insertion of new Schedules 2A and 2B 5. After Schedule 2— insert— ‘SCHEDULE 2A ‘PRESCRIBED TREES FOR THE PURPOSES OF SECTION 250(1) AND (7)(b) section 34(1) Common Names Species gum, lemon-scented . . . . . . . . . . . . gum, rose . . . . . . . . . . . . . . . . . . . . . gum, spotted . . . . . . . . . . . . . . . . . . gum, spotted . . . . . . . . . . . . . . . . . . ironbark, red, narrow-leaved . . . . . . Eucalyptus citriodora Eucalyptus grandis Eucalyptus citriodora Eucalyptus maculata Eucalyptus creba

8 Land Amendment (No. 2) No. 357, 1993 pine, cypress, white . . . . . . . . . . . . . sandalwood . . . . . . . . . . . . . . . . . . . Callitris glaucophylla Santalum lanceolatum

9 Land Amendment (No. 2) No. 357, 1993 ‘SCHEDULE 2B ‘PRESCRIBED TREES FOR THE PURPOSE OF SECTION 250(19)(b) section 34(2) ‘PART 1—TREES OF ANY GIRTH Common Name Species sandalwood . . . . . . . . . . . . . . . . . . . Santalum lanceolatum ‘PART 2—TREES WITH A GIRTH OF MORE THAN 39 CENTIMETRES DIAMETER OVERBARK WHEN MEASURED AT A POINT 1.3 METRES ABOVE THE GROUND Common Name Species gum, lemon-scented . . . . . . . . . . . . gum, rose . . . . . . . . . . . . . . . . . . . . . gum, spotted . . . . . . . . . . . . . . . . . . gum, spotted . . . . . . . . . . . . . . . . . . ironbark, red, narrow-leaved . . . . . . Eucalyptus citriodora Eucalyptus grandis Eucalyptus citriodora Eucalyptus maculata Eucalyptus crebra

10 Land Amendment (No. 2) No. 357, 1993 ‘PART 3—TREES WITH A GIRTH OF MORE THAN 19 CENTIMETRES DIAMETER OVERBARK WHEN MEASURED AT A POINT 1.3 METRES ABOVE THE GROUND Common Name Species C pi a n l e li , tr c i y s p g r l e a s u s, co w p h h i y te lla . ’ . . . . . . . . . . . . . ENDNOTES 1. Made by the Governor in Council on 16 September 1993. 2. Notified in the Gazette on 17 September 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Lands. The State of Queensland 1993