Land Amendment Regulation (No. 2) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 356 Land Act 1994 LAND AMENDMENT REGULATION (No. 2) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 4A—TREE MANAGEMENT 24B Land highly vulnerable to land degradation—Act, s 253 . . . . . . . . . 4 24C Land of high nature conservation value—Act, s 253 . . . . . . . . . . . . 4 24D Areas moderately vulnerable to degradation—Act, s 253 . . . . . . . . 6 24E Areas of nature conservation value—Act, s 253 . . . . . . . . . . . . . . . . 7 24F Trustees who do not need tree clearing permit—Act, s 257 . . . . . . 7 24G Authorised activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 24H Plants for which tree clearing permit not needed—Act, s 257 . . . . 9 24I Routine management purposes for which tree clearing permit not required—Act, s 268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 24J Routine rural management purposes for which tree clearing permit not required—Act, s 269 . . . . . . . . . . . . . . . . . . . . . . 9 24K Trees for which permit exemption applies with conditions—Act, s 270 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Land Amendment (No. 2) No. 356, 1997 6 Insertion of new schs 1A–1D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE 1A APPROVED PURPOSES FOR CERTAIN TREE CLEARING PURPOSES SCHEDULE 1B PARTS OF THE STATE SCHEDULE 1C PERMITTED DISTANCES FOR CERTAIN TREE CLEARING PURPOSES SCHEDULE 1D TREES FOR WHICH PERMIT EXEMPTION APPLIES WITH CONDITIONS

s1 3 s5 Land Amendment (No. 2) No. 356, 1997 ˙ Short title 1. This regulation may be cited as the Land Amendment Regulation (No. 2) 1997 . ˙ Commencement 2. This regulation commences on the day section 252 1 of the Act commences. ˙ Regulation amended 3. This regulation amends the Land Regulation 1995 . ˙ Insertion of new s 2A 4. Part 1, after section 2— insert— ˙ ‘ Definitions ‘ 2A. In this regulation— “local guidelines” , for an area, means guidelines for broadscale tree clearing applying to the area that have been approved by the Minister under section 272 2 of the Act. “recognised management practice” , for a matter, means a management practice accepted generally as an appropriate management practice for the matter.’. ˙ Insertion of new pt 4A 5. After section 24A— insert— 1 Section 252 (Object of part) 2 Section 272 (Local guidelines for broadscale tree clearing)

s5 4 s5 Land Amendment (No. 2) No. 356, 1997 ‘ PART 4A—TREE MANAGEMENT ˙ ‘ Land highly vulnerable to land degradation—Act, s 253 ‘ 24B.(1) This section declares, for section 253 of the Act, definition “critical area” , paragraph (a), land that is highly vulnerable to land degradation. ‘ (2) The land declared is land that, if it were to be cleared, reasonably could be expected to be subject to— (a) soil erosion that could not be controlled by recognised management practices; or (b) the development of salinity; or (c) heavy regrowth or weed invasion that would be impractical to control by recognised management practices; or (d) mass movement by soil creep, earth flow, slumping, landslide or rock avalanche. ˙ ‘ Land of high nature conservation value—Act, s 253 ‘ 24C.(1) This section declares, for section 253 of the Act, definition “critical area” , paragraph (a), land that is of high nature conservation value. ‘ (2) The land declared is land that— (a) is the habitat of rare or threatened wildlife; or (b) is within 40 m of a non-tidal watercourse or lake; or (c) is within 400 m of a point the highest astronomical tide reaches on a watercourse; or (d) is within 1 km of the high water mark at the coastline; or (e) is wetlands; or (f) has landscape values— (i) identified in a planning scheme; or (ii) if the land is covered by an application for a tree clearing permit—stated by the chief executive in a written notice

s5 5 s5 Land Amendment (No. 2) No. 356, 1997 given to the applicant. ‘ (3) However, subsection (2)(b) does not apply to land supporting a tree that is cleared for a routine rural management purpose mentioned in section 24J(1)(a) or (b). 3 ‘ (4) Also, subsection (2)(b) does not apply to land supporting a tree that— (a) is cleared for a routine rural management purpose mentioned in section 24J(1)(c) to (m); and (b) is situated more than 5 m from the watercourse or lake. ‘ (5) For a repair for a routine rural management purpose mentioned in section 24J(1)(a) or (b), subsection (3) applies to a tree situated within 5 m of the watercourse or lake only if another tree that was situated within 5 m of the watercourse or lake has not already been cleared for the repair. ‘ (6) In this section— “planning scheme” see LocalGovernment(PlanningandEnvironment)Act 1990 , section 1.4. 4 “rare wildlife” has the meaning given by the NatureConservationAct1992 . 5 3 Section 24J (Routine rural management purposes for which tree clearing permit not required—Act, s 269) 4 Local Government (Planning and Environment) Act 1990 , section 1.4— s “ e p c l t a io n n ni 2 n .1 g a s n c d he i m s a e p ” pmroevaendsbaystchheeGmoevfeorrntoorwin Cploaunnnciinlg. which conforms with 5 The Nature Conservation Act 1992 , section 7 defines rare wildlife as follows— ‘w “ il r d a li r f e . w ’. ildlife” means native wildlife that is prescribed under this Act as rare The native wildlife prescribed as rare wildlife is specified in the Nature Conservation (Wildlife) Regulation 1994 , schedule 4, parts 1 and 2.

s5 6 s5 Land Amendment (No. 2) No. 356, 1997 “threatened wildlife” has the meaning given by the Nature ConservationAct 1992 . 6 ˙ ‘ Areas moderately vulnerable to degradation—Act, s 253 ‘ 24D.(1) This section declares, for section 253 of the Act, definition “environmentally sensitive area” , paragraph (d), areas that are moderately vulnerable to degradation. ‘ (2) An area declared is an area that, if it were to be cleared, reasonably could be expected to be subject to— (a) significant soil erosion; or (b) regrowth or weed invasion that would be difficult to control by recognised management practices; or (c) significant soil structural decline; or (d) another type of deterioration stated for the purpose in local guidelines applying to the area. Examples of areas for subsection (2)(a)— A sloping area, an area containing shallow-surface duplex soils and an area containing sodic soils. 6 The Nature Conservation Act 1992 , section 7 defines threatened wildlife as follows— ‘ “threatened wildlife” means native wildlife that is prescribed under this Act as— (a) presumed extinct wildlife; or (b) endangered wildlife; or (c) vulnerable wildlife.’. The Nature Conservation (Wildlife) Regulation 1994 (the “wildlife regulation” ) prescribes the wildlife for each of the classes. The native wildlife prescribed as presumed extinct wildlife is specified in the wildlife regulation, schedule 1, parts 1 and 2. The native wildlife prescribed as endangered wildlife is specified in the wildlife regulation, schedule 2, parts 1 and 2. The native wildlife prescribed as vulnerable wildlife is specified in the wildlife regulation, schedule 3, parts 1 and 2.

s5 7 s5 Land Amendment (No. 2) No. 356, 1997 ˙ ‘ Areas of nature conservation value—Act, s 253 ‘ 24E.(1) This section declares, for section 253 of the Act, definition “environmentally sensitive area” , paragraph (e), areas that are of nature conservation value. ‘ (2) An area declared is an area that— (a) has significant value for native plants or animals; or (b) includes wetlands or a watercourse or lake, or is within the distance stated for the purpose in local guidelines applying to the area of wetlands or a watercourse of lake; or (c) includes remnant vegetation corridors. ˙ ‘ Trustees who do not need tree clearing permit—Act, s 257 ‘ 24F.(1) For section 257(b) of the Act, the following trustees are prescribed— (a) a Minister; (b) a chief executive of a department; (c) a port authority; (d) an electricity entity; (e) for an authorised activity— (i) a trustee of trust land (other than continued trust land) dedicated or granted for an approved community purpose; or (ii) a trustee of continued trust land reserved or granted for an approved continued purpose. ‘ (2) In this section— “approved community purpose” means a purpose mentioned in schedule 1A, part 1. “approved continued purpose” means a purpose mentioned in schedule 1A, part 2. “authorised activity” see section 24G. “continued trust land” means land reserved and set apart, or granted in trust, under the repealed Act consisting of a reserve or deed of grant in

s5 8 s5 Land Amendment (No. 2) No. 356, 1997 trust taken to be a reserve or deed of grant in trust under the LandAct 1994 . “electricity entity” see Electricity Act 1994 , section 22. 7 “port authority” see Transport Infrastructure Act 1994 , dictionary. 8 ˙ ‘ Authorised activities ‘ 24G.(1) This section establishes the meaning of “authorised activity” for section 24F(1)(e). ‘ (2) An “authorised activity” is the clearing of a tree— (a) to establish a firebreak around a building or valuable natural feature; or (b) to maintain an existing boundary fence, road or firebreak; or (c) in an emergency to ensure the safety of persons or property. ‘ (3) If the Minister approves a code of practice about tree clearing developed by a trustee, an “authorised activity” for the trustee also includes the clearing of a tree in accordance with the code of practice. 7 Electricity Act 1994 , section 22— 22.(1) An “electricity entity” is an entity that is a participant in the electricity industry. (2) The following entities are the participants in the electricity industry— (a) generation entities; (b) transmission entities; (c) distribution entities; (d) retail entities. 8 Transport Infrastructure Act 1994 , dictionary— “port authority” means— (a) the Ports Corporation of Queensland; or (b) the Port of Brisbane Corporation; or (c) the Gladstone Port Authority; or (d) a harbour board continued in existence by section 154 (Continuation of port authorities); or (e) a port authority established under section 155 (Establishment of new port authority); or (f) another body established under the Government Owned Corporations Act1993 and declared by regulation to be a port authority; but does not include a port authority that has been abolished under section 156 (Abolition of port authority).

s5 9 s5 Land Amendment (No. 2) No. 356, 1997 ‘ (4) Despite subsection (2), the clearing of a tree with heritage or cultural value for a purpose mentioned in the subsection is an “authorised activity” only if the carrying out of the purpose could not reasonably have been achieved without clearing the tree. ‘ (5) Despite subsection (3), the clearing of a tree with heritage or cultural value in accordance with a code of practice mentioned in the subsection is an “authorised activity” only if compliance with the code could not reasonably have been achieved without clearing the tree. ˙ ‘ Plants for which tree clearing permit not needed—Act, s 257 ‘ 24H. For section 257(e) of the Act, lantana ( Lantana camara ) is a plant for which a tree clearing permit is not needed. ˙ ‘ Routine management purposes for which tree clearing permit not required—Act, s 268 ‘ 24I. For section 268(1) of the Act, the following purposes are prescribed— (a) to establish a firebreak around a building or valuable natural feature; (b) to reduce combustible material by controlled burning; (c) to clear regrowth on a category 3.1, 3.2, 4, 5, 9.1 or 9.2 lease; 9 (d) to maintain an existing boundary fence, road or firebreak; (e) to maintain a garden or orchard; (f) to ensure the safety of persons or property in an emergency. ˙ ‘ Routine rural management purposes for which tree clearing permit not required—Act, s 269 ‘ 24J.(1) For section 269 of the Act, the following purposes are prescribed— 9 See section 8 for a description of the general purpose associated with each category of lease.

s 5 10 s 5 Land Amendment (No. 2) No. 356, 1997 (a) to obtain replacement fence posts for a fence needing immediate repair if the fence is— (i) an internal fence on the lease; or (ii) a boundary fence for the lease; (b) to obtain replacement yard rails or yard posts for a yard on the lease needing immediate repair; (c) to establish, within the permitted distance, reasonable access for fence maintenance purposes— (i) on each side of an existing internal fence; or (ii) on the inside of an existing boundary fence; (d) to establish, within the permitted distance, a firebreak— (i) on each side of an existing internal fence; or (ii) on the inside of an existing boundary fence; or (iii) around an existing building, stockyard or watering facility; (e) to remove a risk a tree represents in relation to an existing internal or boundary fence if the risk arises because— (i) the tree may, because of its condition, fall and is of a height that, if it were to fall, it may strike the fence; and (ii) having regard to the tree’s general size, the type of fence and other relevant factors, the tree would be likely, if it were to strike the fence, to cause significant damage to the fence; (f) to establish a new acceptable fenceline having a width not more than the permitted distance; (g) to make and maintain a facility; (h) to make and maintain, within the permitted distance, a road giving access to a facility if the road is of reasonable proportions having regard to the frequency of use of the road and the type of facility; (i) to protect or maintain natural or lawfully established pasture by controlled burning aimed at— (i) reducing combustible material; or (ii) promoting regeneration of pasture; or

s 5 11 s 5 Land Amendment (No. 2) No. 356, 1997 (iii) reducing unwanted woody regrowth; (j) to remove regrowth that has emerged after clearing under a permit issued after 31 December 1989; (k) to supply fodder if the clearing consists of the lopping of trees (other than sandalwood ( Santalum lanceolatum )); (l) to maintain a garden or orchard; (m) to ensure the safety of persons or property in an emergency. ‘ (2) In this section— “acceptable fenceline” means— (a) a fenceline that does not cross— (i) a protected area; or (ii) a classified vegetation type susceptible to adverse consequences; or (b) a fenceline it is not practical to establish without crossing a protected area but that crosses the area by the shortest possible route. “classified vegetation type” means a vegetation type classified as being endangered or vulnerable in a broadscale tree clearing policy document approved by the Governor in Council under section 271 10 of the Act. “facility” includes a building, yard and watering facility, but does not include a fence. “part” , of the State, means a part mentioned in schedule 1B, column 1 made up of the local government areas mentioned in column 2 of the schedule opposite the part. “permitted distance” , for a purpose mentioned in subsection (1)(c), (d), (f) or (h) in relation to a lease, means the distance specified in schedule 1C, for the purpose, for the part of the State in which the lease is situated. “protected area” means— (a) an area identified as a retention area or watercourse buffer in— 10 Section 271 (Approval of broadscale tree clearing policy)

s 5 12 s 5 Land Amendment (No. 2) No. 356, 1997 (i) a tree management plan included in a tree clearing permit; or (ii) a condition to which a tree clearing permit is subject; or (iii) local guidelines; or (b) an area that is a protected area under the Nature Conservation Act1992 . 11 ˙ ‘ Trees for which permit exemption applies with conditions—Act, s 270 ‘ 24K. For section 270(1)(c) and (2) of the Act, the trees prescribed are the trees specified in schedule 1D.’. 11 The Nature Conservation Act 1992 , section 7 defines protected area as follows— ‘ “protected area” means a protected area of a class mentioned in section 14.’. The classes of protected areas mentioned in the Nature Conservation Act 1992 , section 14 are national parks (scientific), national parks, national parks (Aboriginal land), national parks (Torres Strait Islander land), conservation parks, resources reserves, nature refuges, coordinated conservation areas, wilderness areas, World Heritage management areas and international agreement areas.

s 6 13 Land Amendment (No. 2) ˙ Insertion of new schs 1A–1D 6. After schedule 1— insert— ‘ SCHEDULE 1A s6 No. 356, 1997 ‘ APPROVED PURPOSES FOR CERTAIN TREE CLEARING PURPOSES section 24F ‘ PART 1—APPROVED COMMUNITY PURPOSES Cemeteries, crematoriums and mortuaries Navigational purposes Parks and gardens Public halls Public toilet facilities Showgrounds Sport and recreation ‘ PART 2—APPROVED CONTINUED PURPOSES Aerodromes Cemeteries, mortuaries and burial places Exhibition and show grounds Landing grounds for aircraft Libraries

s 6 14 Land Amendment (No. 2) Memorials and memorial halls Parking of vehicles Parks, gardens and recreation grounds Public halls Racecourses War memorials and soldiers’ memorial halls Wharves, jetties, slips, quays and landing-places. s6 No. 356, 1997

s 6 15 s 6 Land Amendment (No. 2) No. 356, 1997 ‘ SCHEDULE 1B ‘ PARTS OF THE STATE section 24J Column 1 Part Part A Part B Column 2 Local government areas making up part Beaudesert, Biggenden, Boonah, Brisbane, Bundaberg, Burnett, Caboolture, Caloundra, Cambooya, Chinchilla, Clifton, Cooloola, Crows Nest, Dalby, Eidsvold, Esk, Gatton, Gayndah, Gold Coast, Goondiwindi, Hervey Bay, Inglewood, Ipswich, Isis, Jondaryan, Kilcoy, Kilkivan, Kingaroy, Kolan, Laidley, Logan, Maroochy, Maryborough, Millmerran, Miriam Vale, Monto, Mundubbera, Murgon, Murilla, Nanango, Noosa, Perry, Pine Rivers, Pittsworth, Rosalie, Tara, Taroom, Tiaro, Toowoomba, Redcliffe, Redland, Stanthorpe, Waggamba, Wambo, Warwick, Wondai, Woocoo. Aramac, Atherton, Aurukun, Balonne, Banana, Barcaldine, Barcoo, Bauhinia, Belyando, Bendemere, Blackall, Booringa, Boulia, Bowen, Broadsound, Bulloo, Bungil, Burdekin, Burke, Cairns, Calliope, Cardwell, Carpentaria, Charters Towers, Cloncurry, Cook, Croydon, Dalrymple, Diamantina, Douglas, Duaringa, Eacham, Emerald, Etheridge, Fitzroy, Flinders, Gladstone, Herberton, Hinchinbrook, Ilfracombe, Isisford, Jericho, Johnstone, Livingstone, Longreach, Mackay, Mareeba, McKinlay, Mirani, Mornington, Mount Morgan, Mount Isa, Murweh, Nebo, Paroo, Peak Downs, Quilpie, Richmond, Rockhampton, Roma, Sarina, Tambo, Thuringowa, Torres, Townsville, Warroo, Whitsunday, Winton.

s 6 16 s 6 Land Amendment (No. 2) No. 356, 1997 ‘ SCHEDULE 1C ‘ PERMITTED DISTANCES FOR CERTAIN TREE CLEARING PURPOSES section 24J Column 1 Part of State Part A Part B Column 2 m 6 10 Column 3 m 50 100 Explanation of how this schedule applies General application of columns 2 and 3 Columns 2 and 3 specify maximum distances (in metres) for certain purposes mentioned in section 24(J)(1), 12 for the part of the State mentioned in column 1 opposite the distances. Specific application of column 2 Column 2 specifies each relevant distance for each of the following purposes— • the purpose mentioned in section 24J(1)(c) (access for fence maintenance) • the purpose mentioned in section 24J(1)(d)(i) or (ii) (firebreak for fence) • the purpose mentioned in section 24J(1)(f) (new fenceline) • the purpose mentioned in section 24J(1)(h) (access road). 12 Section 24J (Routine rural management purposes for which tree clearing permit not required—Act, s 269)

s 6 17 s 6 Land Amendment (No. 2) No. 356, 1997 Specific application of column 3 Column 3 specifies each relevant distance for the purpose mentioned in section 24J(1)(d)(iii) (firebreak for building, stockyard or watering facility).

s 6 18 s 6 Land Amendment (No. 2) No. 356, 1997 ‘ SCHEDULE 1D ‘ TREES FOR WHICH PERMIT EXEMPTION APPLIES WITH CONDITIONS section 24K ‘ PART 1—TREES OF ANY DIAMETER OVERBARK Common name Sandalwood Species Santalum lanceolatum ‘ PART 2—TREES WITH A DIAMETER OVERBARK OF MORE THAN 39 CM WHEN MEASURED AT A POINT 1.3 M ABOVE THE GROUND Common name Blackbutt Broad-leaved red ironbark Caley’s ironbark Cooktown ironbark Darwin stringybark Forest red gum Grey ironbark Gympie messmate Lemon-scented gum Melville Island bloodwood Species Eucalyptus pilularis Eucalyptus fibrosa ssp.fibrosa Eucalyptus caleyi Erythrophleum chlorostachys Eucalyptus tetrodonta Eucalyptus tereticornis Eucalyptus drepanophylla Eucalyptus cloeziana Corymbia citriodora Corymbia nesophila

s 6 19 s 6 Land Amendment (No. 2) No. 356, 1997 Narrow-leaved red ironbark River red gum Rose gum Spotted gum Spotted gum Sydney blue gum Tallowwood White mahogany White stringybark Yellow box Eucalyptus crebra Eucalyptus camaldulensis Eucalyptus grandis Corymbia citriodora Corymbia maculata Eucalyptus saligna Eucalyptus microcorys Eucalyptus acmenoides Eucalyptus eugenioides Eucalyptus melliodora ‘ PART 3—TREES WITH A DIAMETER OVERBARK OF MORE THAN 19 CM WHEN MEASURED AT A POINT 1.3 M ABOVE THE GROUND Common name White cypress pine Species Callitris glaucophylla .’. ENDNOTES 1. Made by the Governor in Council on 23 October 1997. 2. Notified in the gazette on 24 October 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Natural Resources. © State of Queensland 1997