State Penalties Enforcement Amendment Regulation (No. 4) 2010 (Qld)

Queensland State Penalties Enforcement Amendment Regulation (No. 4) 2010 Subordinate Legislation 2010 No. 56 made under the State Penalties Enforcement Act 1999 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 5 (Administering authority for particular nominated laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 7AB (Administering authority for IntegratedPlanning Act 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Omission of s 33 (Entry in sch 5 for Integrated Planning Act1997 before 1 April 2005) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of sch 5 (Other legislation) . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 13

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 1] 1 Short title This regulation may be cited as the State Penalties Enforcement Amendment Regulation (No. 4) 2010 . 2 Regulation amended This regulation amends the StatePenaltiesEnforcementRegulation 2000 . 3 Amendment of s 5 (Administering authority for particular nominated laws) (1) Section 5(2), definition nominated law , paragraph (g)— omit . (2) Section 5(2), definition nominated law , paragraphs (h) to (n)— renumber as paragraphs (g) to (m). (3) Section 5(2), definition nominated law — insert— ‘(n) the Sustainable Planning Act 2009 ;’. 4 Amendment of s 7AB (Administering authority for Integrated Planning Act 1997) (1) Section 7AB, heading, ‘Integrated Planning Act 1997’— omit, insert— ‘ Sustainable Planning Act 2009 ’. (2) Section 7AB, ‘ Integrated Planning Act 1997 ’— omit, insert — ‘ Sustainable Planning Act 2009 ’. Page 2 2010 SL No. 56

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 5] 5 Omission of s 33 (Entry in sch 5 for Integrated PlanningAct 1997 before 1 April 2005) Section 33— omit . 6 Amendment of sch 5 (Other legislation) (1) Schedule 5, entry for the Integrated Planning Act 1997 — omit . (2) Schedule 5— insert — ‘Sustainable Planning Act 2009 s 574(1) 1 2 3 s 578(1) 4 Column 1 Infringement notice offence If the self-assessable development carried out— (a) is self-assessable development for a planning scheme area; and (b) is the clearing of vegetation. . . . . . . . . . . . If the self–assessable development carried out is self–assessable under the Fisheries Act 1994 . . . . . . . . . If paragraphs 1 and 2 do not apply . . . . . . . . . . . . . . . . . . . If— Column 2 Infringement notice fine (penalty units) Individual Corporation 55 10 10 5 25 2010 SL No. 56 Page 3

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 6] (a) the assessable development carried out is clearing development; and (b) the land on which the development was carried out is in an area of high nature conservation value; and (c) the area of native vegetation on the land that is cleared is— • less than 1 / 8 hectare . . • at least 1 / 8 hectare but less than 1 / 2 hectare . . • at least 1 / 2 hectare but less than 2 hectares. . . 5 If— (a) the assessable development carried out is clearing development; and (b) the land on which the development was carried out is in an area vulnerable to land degradation; and (c) the area of native vegetation on the land that is cleared is— • less than 1 / 8 hectare . . • at least 1 / 8 hectare but less than 1 / 2 hectare . . • at least 1 / 2 hectare but less than 2 hectares. . . 5 10 20 5 10 20 Page 4 5 10 20 5 10 20 2010 SL No. 56

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 6] 6 If— (a) the assessable development carried out is clearing development; and (b) the land on which the development was carried out was in an endangered regional ecosystem or an area shown on a PMAV as a category A area; and (c) the area of native vegetation on the land that is cleared is— • less than 1 / 8 hectare . . • at least 1 / 8 hectare but less than 1 / 2 hectare . . • at least 1 / 2 hectare but less than 2 hectares. . . 7 If— (a) the assessable development carried out is clearing development; and (b) the land on which the development was carried out was in an of concern regional ecosystem; and (c) the area of native vegetation on the land that is cleared is— • less than 1 / 8 hectare . . • at least 1 / 8 hectare but less than 1 / 2 hectare . . 5 10 20 5 9 5 10 20 5 9 2010 SL No. 56 Page 5

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 6] • at least 1 / 2 hectare but less than 2 hectares. . . • at least 2 hectares but less than 5 hectares. . . 8 If— (a) the assessable development carried out is clearing development; and (b) the land on which the development was carried out was in a least concern regional ecosystem or contained native vegetation that is not part of a regional ecosystem; and (c) the area of native vegetation on the land that is cleared is— • less than 1 / 8 hectare . . • at least 1 / 8 hectare but less than 1 / 2 hectare . . • at least 1 / 2 hectare but less than 2 hectares. . . • at least 2 hectares but less than 5 hectares. . . • at least 5 hectares but less than 10 hectares. . 9 If the assessable development carried out— (a) is assessable development, other than clearing development, for a planning scheme area; and Page 6 16 20 5 8 12 15 20 16 20 5 8 12 15 20 2010 SL No. 56

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 6] (b) is the clearing of vegetation. . . . . . . . . . . . 10 If the assessable development carried out— (a) is assessable development under the Fisheries Act 1994 ; and (b) relates to aquaculture, a declared fish habitat area or is the removal, damage or destruction of marine plants . . . . . . . . . 11 If the assessable development carried out is building work— (a) for, or for an alteration to, a class 1 building under the Building Code of Australia . . . . . . . . . . (b) for, or for an alteration to, a class 10 building or structure under the Building Code of Australia. . . . . . . . . . . . . 12 If paragraphs 4 to 11 do not apply. . . . . . . . . . . . . . . . . . . . s 579 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s 580(1) 13 For a contravention of a condition— (a) in a development approval for development that is clearing development; and (b) that relates to the clearing of native vegetation; and 5 10 7 4 10 5 5 10 7 4 50 25 2010 SL No. 56 Page 7

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 6] (c) that does not relate to the actual clearing of native vegetation. . . . . . . . . . . . 14 For a contravention of a condition— (a) in a development approval for development that is clearing development; and (b) that relates to the actual clearing of native vegetation in an area of high nature conservation value— • if the area cleared is less than 1 / 8 hectare. . . • if the area cleared is at least 1 / 8 hectare but less than 1 / 2 hectare . . • if the area cleared is at least 1 / 2 hectare but less than 2 hectares. . . 15 For a contravention of a condition— (a) in a development approval for development that is clearing development; and (b) that relates to the actual clearing of native vegetation in an area vulnerable to land degradation— 2 5 10 20 2 5 10 20 Page 8 2010 SL No. 56

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 6] • if the area cleared is less than 1 / 8 hectare. . . • if the area cleared is at least 1 / 8 hectare but less than 1 / 2 hectare . . • if the area cleared is at least 1 / 2 hectare but less than 2 hectares. . . 16 For a contravention of a condition— (a) in a development approval for development that is clearing development; and (b) that relates to the actual clearing of native vegetation in an endangered regional ecosystem or an area shown on a PMAV as a category A area— • if the area cleared is less than 1 / 8 hectare. . . • if the area cleared is at least 1 / 8 hectare but less than 1 / 2 hectare . . • if the area cleared is at least 1 / 2 hectare but less than 2 hectares. . . 17 For a contravention of a condition— 5 10 20 5 10 20 5 10 20 5 10 20 2010 SL No. 56 Page 9

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 6] (a) in a development approval for development that is clearing development; and (b) that relates to the actual clearing of native vegetation in an of concern regional ecosystem— • if the area cleared is less than 1/8 hectare . . • if the area cleared is at least 1/8 hectare but less than 1/2 hectare . . • if the area cleared is at least 1/2 hectare but less than 2 hectares. . . • if the area cleared is at least 2 hectares but less than 5 hectares. . . 18 For a contravention of a condition— (a) in a development approval for development that is clearing development; and (b) that relates to the actual clearing of native vegetation in a least concern regional ecosystem or native vegetation that is not part of a regional ecosystem— 5 9 16 20 5 9 16 20 Page 10 2010 SL No. 56

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 6] s 582 • if the area cleared is less than 1 / 8 hectare. . . • if the area cleared is at least 1 / 8 hectare but less than 1 / 2 hectare . . • if the area cleared is at least 1 / 2 hectare but less than 2 hectares. . . • if the area cleared is at least 2 hectares but less than 5 hectares. . . • if the area cleared is at least 5 hectares but less than 10 hectares. . 19 For a contravention of a condition— (a) in a development approval for assessable development, under a planning scheme, that is not clearing development; and (b) that relates to the clearing of vegetation . . 20 For a contravention of a condition in a development approval for a development application for which the chief executive of the department in which the Fisheries Act 1994 is administered is the assessment manager or a concurrence agency . . . . . . . . 21 If paragraphs 13 to 20 do not apply . . . . . . . . . . . . . . . . . . . ............................ 2010 SL No. 56 5 8 12 15 20 5 10 10 10 5 8 12 15 20 5 10 50 50 Page 11

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 6] s 587(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . s594(1) 22 If the enforcement notice relates to the clearing of native vegetation on land under the Sustainable Planning Regulation 2009, schedule 3, part 1, table 4, item 1 . . . . . . . . . . . . . . . . . . . 23 If the enforcement notice relates to noncompliance with the Building Act 1975 , section 220, by an owner of a budget accommodation building . . . . 24 If paragraphs 22 and 23 do not apply . . . . . . . . . . . . . . . . s 594(2) 25 If the enforcement notice relates to the clearing of native vegetation on land under the Sustainable Planning Regulation 2009 , schedule 3, part 1, table 4, item 1 . . . . . . . . . . . . . . . . . . . 26 If the enforcement notice relates to noncompliance with the Building Act 1975 , section 220, by an owner of a budget accommodation building . . . . 10 10 5 20 10 5 50 10 25 100 10 25 Authorised person for service of infringement notices — (a) an authorised officer appointed under the VegetationManagement Act 1999 , section 24, for an offence against — (i) section 578(1) as limited by the descriptions relating to that section in column 1, paragraphs 4 to 8; or (ii) section 580(1) as limited by the descriptions relating to that section in column 1, paragraphs 13 to 18; or Page 12 2010 SL No. 56

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 7] (iii) section 594(1) as limited by the description relating to that section in column 1, paragraph 22; or (iv) section 594(2) as limited by the description relating to that section in column 1, paragraph 25; or (b) an authorised person appointed under the Local GovernmentAct 1993 , section 1084, for an offence against— (i) section 574(1); or (ii) section 578(1) as limited by the descriptions relating to that section in column 1, paragraphs 9 to 12; or (iii) section 579; or (iv) section 580(1) as limited by the descriptions relating to that section in column 1, paragraphs 19 and 21; or (v) section 582; or (vi) section 587(1); or (vii) section 594(1) as limited by the descriptions relating to that section in column 1, paragraphs 23 and 24; or (viii) section 594(2) as limited by the description relating to that section in column 1, paragraph 26; or (c) an inspector appointed under the Fisheries Act 1994 , section 140, for an offence against — (i) section 574(1) as limited by the description relating to that section in column 1, paragraph 2; or (ii) section 578(1) as limited by the description relating to that section in column 1, paragraph 10; or (iii) section 580(1) as limited by the description relating to that section in column 1, paragraph 20’. 7 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions regional ecosystem map , remnant endangered regional ecosystem , remnant map , remnant not of concern regional ecosystem and remnant of concern regional ecosystem — omit . 2010 SL No. 56 Page 13

State Penalties Enforcement Amendment Regulation (No. 4) 2010 [s 7] (2) Schedule 6— insert — ‘ clearing development means assessable development under the Sustainable Planning Regulation 2009 , schedule 3, part 1, table 4, item 1. endangered regional ecosystem see the VegetationManagement Act 1999 , schedule. least concern regional ecosystem see the VegetationManagement Act 1999 , schedule. of concern regional ecosystem see the VegetationManagement Act 1999 , schedule. PMAV means a property map of assessable vegetation under the Vegetation Management Act 1999 . regional ecosystem see the Vegetation Management Act 1999 , schedule.’. ENDNOTES 1 Made by the Governor in Council on 1 April 2010. 2 Notified in the gazette on 1 April 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2010 Page 14 2010 SL No. 56