Sustainable Planning Amendment Regulation (No. 7) 2013 (Qld)

Queensland Sustainable Planning Amendment Regulation (No. 7) 2013 Subordinate Legislation 2013 No. 258 made under the SustainablePlanningAct2009 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Omission of s 4A (Prescribed day for particular State planning policies to end—Act, s 45) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 5 (Guideline for making or amending planning scheme or planning scheme policy—Act, s 117(1)) . . . . . . . . . . . 3 6 Amendment of s 6 (Guideline for making temporary local planning instrument—Act, s 117(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s 27 (Guidelines for priority infrastructure plans—Act, s 627) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Insertion of new pt 9, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 45 Clearing of particular vegetation not assessable development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment . . . . . . . . . . . . . . . . . . . . . 5 10 Amendment of sch 4 (Development that can not be declared to be development of a particular type—Act, section 232(2)) . . . . . . . . 7 11 Amendment of sch 5 (Applicable codes, laws, policies and prescribed matters for particular development) . . . . . . . . . . . . . . 8 12 Amendment of sch 7 (Referral agencies and their jurisdictions) . 10

Sustainable Planning Amendment Regulation (No. 7) 2013 Contents 13 Amendment of sch 7A (Particular assessment manager and concurrence agency application fees) . . . . . . . . . . . . . . . . . . . . . 11 14 Amendment of sch 18 (Compliance assessment of particular development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 15 Amendment of sch 24 (Clearing of native vegetation—not assessable development under schedule 3, part 1, table 4, item 1) 13 Part 2 Clearing for particular land 2 Freehold land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3 Indigenous land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4 Land subject to a lease under the Land Act 1994 . . . 19 5 Land that is a road under the Land Act 1994 . . . . . . . 21 6 Particular trust land under the Land Act 1994 . . . . . . 22 7 Unallocated State land under the Land Act 1994. . . . 24 8 Land subject to a licence or permit under the Land Act1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 16 Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 25 Page 2 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 1] 1 Short title This regulation may be cited as the Sustainable Planning Amendment Regulation (No. 7) 2013 . 2 Commencement This regulation commences on 2 December 2013. 3 Regulation amended This regulation amends the Sustainable Planning Regulation 2009. 4 Omission of s 4A (Prescribed day for particular State planning policies to end—Act, s 45) Section 4A— omit . 5 Amendment of s 5 (Guideline for making or amending planning scheme or planning scheme policy—Act, s 117(1)) Section 5, ‘document called ‘Statutory guideline 02/12 Making and amending local planning instruments’, dated 30 October 2012’— omit, insert — document called ‘Statutory guideline 01/13 Making and amending local planning instruments’, dated 20 November 2013 6 Amendment of s 6 (Guideline for making temporary local planning instrument—Act, s 117(2)) Section 6, ‘document called ‘Statutory guideline 02/12 Making and amending local planning instruments’, dated 30 October 2012’— omit, insert — 2013 SL No. 258 Page 3

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 7] document called ‘Statutory guideline 01/13 Making and amending local planning instruments’, dated 20 November 2013 7 Amendment of s 27 (Guidelines for priority infrastructure plans—Act, s 627) Section 27(2), ‘document called ‘Statutory guideline 02/12 Making and amending local planning instruments’, dated 30 October 2012’— omit, insert — document called ‘Statutory guideline 01/13 Making and amending local planning instruments’, dated 20 November 2013 8 Insertion of new pt 9, div 3 After section 44— insert— Division 3 Transitional Provision for Sustainable Planning Amendment Regulation (No. 7) 2013 45 Clearing of particular vegetation not assessable development (1) This section applies if a development approval for a material change of use or reconfiguring a lot is given for a development application— (a) made after 4 October 2004 and before 1 July 2013 for which the chief executive administering the VegetationManagementAct is a concurrence agency for clearing vegetation; or Page 4 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 9] (b) made from 1 July 2013 for which the chief executive is a concurrence agency for clearing vegetation. (2) Clearing of vegetation under the approval is taken to be clearing under schedule 24, part 1, section 1(1). 9 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment (1) Schedule 3, part 1, table 4, item 3, column 2, paragraph (a)— omit, insert— (a) taking or interfering with water from a watercourse, lake or spring or from a dam constructed on a watercourse or lake, unless— (i) the taking or interfering is permitted under the WaterAct2000 , chapter 2, part 2, division 1A; or (ii) the work is self-assessable development under part 2; or (iii) the work involves the replacement of a pump if the capacity of the new pump to take water is no greater than the capacity of the existing pump; or (iv) the work involves the installation of a pump to take water under a water entitlement if the water entitlement— (A) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence granted under the Water Act 2000 ; or (B) states the rate at which water may be taken; or 2013 SL No. 258 Page 5

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 9] (v) the interfering is authorised under a water licence and the work complies with the conditions of the licence; or (2) Schedule 3, part 1, table 4, item 10, column 2, paragraph (b)(i) and (ii)— omit, insert— (i) a material change of use for which the chief executive or the chief executive (environment) was a concurrence agency under schedule 7, table 3, item 21A; or (ii) reconfiguring a lot for which the chief executive or the chief executive (environment) was a concurrence agency under schedule 7, table 2, item 43A; or (3) Schedule 3, part 2, table 4, item 1, column 2, paragraph (a) and (b)— omit, insert— (a) taking or interfering with water in a watercourse, lake or spring if the operations are mentioned as self-assessable development in a water resource plan or a wild river declaration, unless— (i) the taking or interfering is permitted under the WaterAct2000 , chapter 2, part 2, division 1A; or (ii) the work involves the replacement of a pump if the capacity of the new pump to take water is no greater than the capacity of the existing pump; or (iii) the work involves the installation of a pump to take water under a water entitlement if the water entitlement— (A) is managed under a resource operations licence, an interim Page 6 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 10] resource operations licence or a distribution operations licence granted under the Water Act 2000 ; or (B) states the rate at which water may be taken; or (iv) the interfering is authorised under a water licence and the work complies with the conditions of the licence; or (b) taking or interfering with— (i) overland flow water, if the operations are mentioned as self-assessable development in a wild river declaration; or (ii) subartesian water, if the operations are mentioned as self-assessable development in a water resource plan or a wild river declaration; or (4) Schedule 3, part 2, table 4, item 1, column 2, paragraphs (c) to (e)— renumber as schedule 3, part 2, table 4, item 1, column 2, paragraphs (b) to (d). 10 Amendment of sch 4 (Development that can not be declared to be development of a particular type—Act, section 232(2)) (1) Schedule 4, table 5, item 11(1)(j)— omit . (2) Schedule 4, table 5, item 12A(1)(j)— omit . 2013 SL No. 258 Page 7

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 11] 11 Amendment of sch 5 (Applicable codes, laws, policies and prescribed matters for particular development) (1) Each item of schedule 5, part 1 listed in subsection (2) is amended by omitting column 2 and inserting— (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency and the development is in a wild river area—any applicable code for the development mentioned in the wild river declaration for the wild river area (2) For subsection (1), the items are as follows— • table 1, item 2 • table 2, items 8 and 9 • table 4, items 7 and 11. (3) Schedule 5, part 1, table 2, item 1, column 2— omit, insert— (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency— (i) the provisions of chapter 3, part 1, division 3A of the EnvironmentalProtection Regulation 2008 ; and (ii) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Page 8 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 11] (4) Schedule 5, part 1, table 4, item 1, column 2— omit, insert— if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions (5) Schedule 5, part 1, table 4, items 3 and 4 and table 5, item 3, column 2 for each item— omit, insert— (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a referral agency— (i) the relevant provisions of the Water Act2000 ; and (ii) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area (6) Schedule 5, part 1, table 4, items 8 to 10, column 2 for each item— omit, insert— (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency— (i) the relevant provisions of the Fisheries Act; and 2013 SL No. 258 Page 9

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 12] (ii) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area (7) Schedule 5, part 2, table 4, items 6 and 7, column 2 for each item— omit, insert — The code called ‘Self-assessable code—Wetland protection areas in Great Barrier Reef catchments’ under the State Planning Policy 2013 12 Amendment of sch 7 (Referral agencies and their jurisdictions) (1) Schedule 7 is amended by omitting each item listed in subsection (2). (2) For subsection (1), the items are as follows— • table 1, item 15 and heading • table 2, item 7A and heading • table 2, item 15A • table 2, item 20 and heading • table 2, item 33A • table 3, item 4 and heading • table 3, item 14A • table 3, item 15 and heading. (3) Schedule 7, table 2, item 4, ‘2ha’— omit, insert — 5ha (4) Schedule 7, table 3, item 10, ‘2ha’— omit, insert — 5ha (5) Schedule 7, table 3, item 10, paragraph (a)— Page 10 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 13] omit, insert — (a) for development for which a preliminary approval is sought under the Act, section 242, the lot contains native vegetation shown on the regulated vegetation management map as a category A area or category B area; or 13 Amendment of sch 7A (Particular assessment manager and concurrence agency application fees) (1) Schedule 7A, part 2, item 3, paragraph (b)— omit , insert— (b) otherwise 5 714.25 A, C (2) Schedule 7A, part 2, item 4— omit , insert— 4 A material change of use of a lot mentioned in schedule 7, table 3, item 10 5 714.25 A, C (3) Schedule 7A, part 2, item 5, paragraph (h)— omit, insert— (h) for high value agriculture clearing or irrigated high value agriculture clearing— (i) if the total area to be cleared is 30ha or less— (A) for an area that includes an endangered regional ecosystem or of concern regional ecosystem; or (B) otherwise; or 1 370.35 A, C 378.40 A, C (ii) if the total area to be cleared is more than 30ha but 250ha or less; or (iii) if the total area to be cleared is more than 250ha; or (i) for necessary environmental clearing— 3 428.95 A, C 5 714.25 A, C 2013 SL No. 258 Page 11

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 13] (i) if the clearing is necessary to restore the ecological and environmental condition of land; or (ii) if the clearing is necessary to divert existing natural channels in a way that replicates the existing form of the natural channels— (A) if the total area to be cleared is 5ha or less; or (B) otherwise; or nil 3 428.95 A, C 5 714.25 A, C (iii) if the clearing is necessary to prepare for the likelihood of a natural disaster; or (iv) if the clearing is necessary to remove contaminants from land; or (j) if the clearing is necessary for controlling non-native vegetation or declared pests (k) if the clearing is necessary for ensuring public safety nil nil nil nil (4) Schedule 7A, part 2, entry for declared catchment areas— omit. (5) Schedule 7A, part 2, items 9, 10 and 11, ‘a canal’— omit, insert— an artificial waterway (6) Schedule 7A, part 2, item 11, column 2, paragraph (b), after ‘purpose’— insert— , other than works to which paragraph (a) applies (7) Schedule 7A, part 2, item 11, column 2— insert— (d) for works for coastal management purposes that involve beach nourishment, stinger net enclosures, fencing of coastal dunes or re-vegetation of coastal dunes with endemic native vegetation; or (e) for works directly related to the provision of lifesaving or rescue services by a volunteer community organisation nil nil Page 12 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 14] (8) Schedule 7A, part 2, item 16, after ‘30000 megalitres’— insert— and require construction of a fishway 14 Amendment of sch 18 (Compliance assessment of particular development) (1) Schedule 18, table 1, item 1, paragraph (c)— omit, insert — (c) the reconfiguration can comply with the guideline called ‘Statutory Guideline 02/13 Accelerating compliance assessment—Code for reconfiguring a lot (subdividing one lot into two) and associated operational works requiring compliance assessment’ dated 22 November 2013, made by the chief executive under the Act, section 760 and published on the department’s website; (2) Schedule 18, tables 1 and 2, item 2 in each table, ‘The “State Planning Policy 3/10 Acceleration of Compliance Assessment’’ ’;— omit, insert — The guideline called ‘Statutory Guideline 02/13 Accelerating compliance assessment—Code for reconfiguring a lot (subdividing one lot into two) and associated operational works requiring compliance assessment’ dated 22 November 2013, made by the chief executive under the Act, section 760 and published on the department’s website. 15 Amendment of sch 24 (Clearing of native vegetation—not assessable development under schedule 3, part 1, table 4, item 1) (1) Schedule 24, part 1, section 1(1)(a) and (b)— omit, insert— 2013 SL No. 258 Page 13

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] (a) for which the chief executive is a concurrence agency for clearing vegetation; or (b) if a lot to which the application relates is less than 5ha—for which a local government is the assessment manager. (2) Schedule 24, part 1, section 1(2)— omit, insert— (2) Clearing an area of vegetation within a watercourse or lake for an activity (other than an activity relating to a material change of use of premises or the reconfiguring of a lot) if— (a) the clearing is — (i) subject to an approval process and is approved under the Act or another Act; or (ii) a necessary and unavoidable consequence of an activity authorised by a permit issued under the Water Act2000 , section 269; or (iii) a necessary and unavoidable consequence of an activity carried out under the document called ‘Riverine Protection Permit Exemption Requirements’ approved by the chief executive of the department that administers the WaterAct2000 and published on that department’s website; and (b) either— (i) the clearing is under a self-assessable vegetation clearing code other than if the vegetation is in an area shown on the regulated vegetation management map or a PMAV as a category A area; or Page 14 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] (ii) the area is less than 0.5ha of a least concern regional ecosystem shown on the regulated vegetation management map or PMAV as a category B area; or (iii) the area is less than 0.5ha shown on the regulated vegetation management map or PMAV as a category C, R or X area. (3) Schedule 24, part 1, section 1(6)— omit, insert— (6) A resource activity. (4) Schedule 24, part 1, section 1— insert— (17) Clearing vegetation in an area for which a disaster situation declaration has been made if the clearing— (a) is necessary to prevent or minimise— (i) loss of human life, or illness or injury to humans; or (ii) property loss or damage; or (iii) damage to the environment; and (b) happens during the period that started when the disaster situation declaration was made and ends on the later of the following days— (i) the day that is 1 year after the day on which the disaster situation declaration was made; or (ii) another day decided by the chief executive by written notice. (18) Clearing vegetation that is necessary to carry out a cadastral survey of an existing property boundary, a geotechnical survey or a geological survey, if the area cleared is— 2013 SL No. 258 Page 15

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] (a) for an area in which a survey is conducted—a maximum area of 10m by 10m; and (b) for an area necessary for reasonable access to an area mentioned in paragraph (a)—a maximum of 10m wide. (19) Clearing vegetation that is necessary to remediate contaminated land recorded in the environmental management register or contaminated land register. (20) Clearing vegetation that is necessary to carry out activities authorised to be carried out at land on which an abandoned mine exists under the Mineral Resources Act 1989 , section 344A. (21) Clearing vegetation to which the VegetationManagement Act does not apply. (5) Schedule 24, part 2— omit, insert— Part 2 Clearing for particular land 2 Freehold land For freehold land, clearing vegetation that is— (a) for a forest practice; or (b) residential clearing; or (c) necessary for essential management; or (d) in an area shown on the regulated vegetation management map or a PMAV as a category X area; or (e) for urban purposes in an urban area and the vegetation is— (i) regulated regrowth vegetation; or Page 16 2013 SL No. 258

2013 SL No. 258 Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] (ii) an of concern regional ecosystem or a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV for the area as a category B area; or (f) necessary for routine management in an area of the land and the vegetation is— (i) regulated regrowth vegetation; or (ii) a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV as a category B area; or (g) in a priority development area; or (h) under a self-assessable vegetation clearing code other than if the vegetation is in an area shown on the regulated vegetation management map or a PMAV as a category A area; or (i) for development— (i) that is for an extractive industry under the VegetationManagementAct, section 22A(3) in a key resource area; and (ii) to the extent it involves clearing regulated regrowth vegetation, other than in an area shown on the regulated vegetation management map or a PMAV as a category A area; or (j) for development— (i) that is a significant community project; and (ii) to the extent it involves clearing regulated regrowth vegetation, other than in an area shown on the regulated vegetation management map or a PMAV as a category A area. Page 17

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] Page 18 3 Indigenous land For indigenous land, clearing vegetation that is— (a) for a forest practice, other than on land on which the State owns the trees; or (b) residential clearing; or (c) necessary for essential management; or (d) in an area shown on the regulated vegetation management map or a PMAV as a category X area; or (e) for urban purposes in an urban area and the vegetation is— (i) regulated regrowth vegetation; or (ii) an of concern regional ecosystem or a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV for the area as a category B area; or (f) necessary for routine management in an area of the land and the vegetation is— (i) regulated regrowth vegetation; or (ii) a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV as a category B area; or (g) gathering, digging or removing forest products— (i) for the purpose of improving the land or for use under the AurukunandMorningtonShireLeasesAct1978 , section 28; or (ii) for use under the Aboriginal and TorresStraitIslanderCommunities(Justice,LandandOtherMatters)Act1984 , section 62; or 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] (h) in a priority development area; or (i) under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area; or (j) for development— (i) that is for an extractive industry under the VegetationManagementAct, section 22A(3) in a key resource area; (ii) to the extent it involves clearing regulated regrowth vegetation, other in an area shown on the regulated vegetation management map or a PMAV as a category A area; or (k) for development— (i) that is a significant community project; and (ii) to the extent it involves clearing regulated regrowth vegetation, other than in an area shown the regulated vegetation management map or on a PMAV as a category A area. 4 Land subject to a lease under the Land Act1994 (1) For land subject to a lease under the LandAct1994 for agriculture or grazing purposes, clearing vegetation that is— (a) residential clearing; or (b) necessary for essential management; or (c) in an area shown on the regulated vegetation management map or a PMAV as a category X area; or 2013 SL No. 258 Page 19

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] Page 20 (d) under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area; or (e) necessary for routine management in an area of the land and the vegetation is— (i) regulated regrowth vegetation; or (ii) a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV as a category B area; or (f) for development— (i) that is for an extractive industry under the VegetationManagementAct, section 22A(3) in a key resource area; (ii) to the extent it involves clearing regulated regrowth vegetation, other than in an area shown on the regulated vegetation management map or a PMAV as a category A area; or (g) for development— (i) that is a significant community project; and (ii) to the extent it involves clearing regulated regrowth vegetation, other than in an area shown on the regulated vegetation management map or on a PMAV as a category A area. (2) For land subject to a lease under the LandAct1994 other than for agriculture or grazing purposes, clearing vegetation that is consistent with the purposes of the lease and is— (a) residential clearing; or (b) necessary for essential management; or 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] (c) in an area shown on the regulated vegetation management map or a PMAV as a category R area or category X area; or (d) under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area; or (e) for urban purposes in an urban area and the vegetation is— (i) regulated regrowth vegetation; or (ii) an of concern regional ecosystem or a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV for the area as a category B area; or (f) necessary for routine management in an area of the land and the vegetation is— (i) regulated regrowth vegetation; or (ii) a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV as a category B area; or 5 2013 SL No. 258 Land that is a road under the LandAct1994 For land that is a road under the LandAct1994 , clearing vegetation that is— (a) carried out, or authorised to be carried out, by a local government or the chief executive of the department in which the TransportInfrastructure Act is administered. and is— (i) is necessary to construct or maintain road infrastructure or to source construction material for roads; or (ii) is in an area shown on the regulated vegetation management map or a Page 21

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] PMAV as a category R area or category X area; or (b) carried out by a local government to remove— (i) declared pests in compliance with the local government’s pest management plan under the LandProtection(PestandStockRouteManagement)Act2002 ; or (ii) vegetation that is not native vegetation; or (c) necessary to remove or reduce the imminent risk that the vegetation poses of serious personal injury or damage to infrastructure; or (d) by fire under the FireandRescueServiceAct 1990 to reduce hazardous fuel load; or (e) necessary to maintain infrastructure located on the road, other than fences; or (f) necessary to maintain an existing boundary fence to the maximum width of 3m; or (g) necessary for reasonable access to adjoining land from the existing formed road for a maximum width of 10m; or (h) necessary to maintain an existing firebreak or garden located on the road; or (i) under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area. Page 22 6 Particular trust land under the LandAct1994 (1) This section applies to land that is trust land under the Land Act 1994 , other than indigenous land. 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] (2) Clearing vegetation that is carried out, or authorised to be carried out, by the trustee, is consistent with achieving the purpose of the trust, and is— (a) necessary for essential management; or (b) in an area shown on the regulated vegetation management map or a PMAV as a category R area or category X area; or (c) to remove— (i) declared pests in compliance with the relevant pest management plan under the LandProtection(PestandStockRoute Management) Act 2002 ; or (ii) vegetation that is not native vegetation; or (d) for urban purposes in an urban area and the vegetation is either of the following shown on the regulated vegetation management map or a PMAV for the area as a category B area— (i) an of concern regional ecosystem; (ii) a least concern regional ecosystem; or (e) necessary for routine management in an area of the land and the vegetation is a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV for the area as a category B area; or (f) under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area. 2013 SL No. 258 Page 23

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 15] 7 Unallocated State land under the LandAct1994 For land that is unallocated State land under the Land Act 1994 , clearing vegetation that is carried out, or authorised to be carried out, by the chief executive administering that Act and is— (a) necessary for essential management; or (b) to control declared pests or vegetation that is not native vegetation; or (c) in a priority development area; or (d) in an area shown on the regulated vegetation management map or a PMAV as a category R area or category X area; or (e) necessary for routine management in an area of the land and the vegetation is a least concern regional ecosystem shown on the regulated vegetation management map a PMAV for the area as a category B area; or (f) under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area. 8 Land subject to a licence or permit under the LandAct1994 For land that is subject to a licence or permit under the Land Act 1994 , clearing vegetation that is carried out by the licensee or permittee and is— (a) necessary for essential management; or (b) in a priority development area; or (c) in an area shown on the regulated vegetation management map or a PMAV as a category R area or category X area; or Page 24 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 16] (d) for urban purposes in an urban area and the vegetation is either of the following shown on the regulated vegetation management map or a PMAV for the area as a category B area— (i) an of concern regional ecosystem; (ii) a least concern regional ecosystem; or (e) necessary for routine management in an area of the land and the vegetation is a least concern regional ecosystem shown on the regulated vegetation management map a PMAV for the area as a category B area; or (f) under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area. 16 Amendment of sch 26 (Dictionary) (1) Schedule 26, definitions airport, Australian Noise Exposure Forecast, declared catchment area , key resource area, operational airspace and public safety area — omit. (2) Schedule 26— insert — airport means a strategic airport within the meaning of the State Planning Policy 2013. Australian Noise Exposure Forecast has the same meaning as in the State Planning Policy 2013. coastal management see the Coastal Protectionand Management Act, section 11. disaster situation declaration , for an area, means a declaration of a disaster situation for the area 2013 SL No. 258 Page 25

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 16] under the DisasterManagementAct2003 , section 64 or 69 if— (a) the declaration relates to an event mentioned in section 16(1)(a) or that Act; and (b) the disaster situation has not ended under section 71 of that Act. endangered regional ecosystem means an endangered regional ecosystem under the Vegetation Management Act. high value agriculture clearing see the Vegetation Management Act, schedule. irrigated high value agriculture clearing see the Vegetation Management Act, schedule. key resource area has the same meaning as in the State Planning Policy 2013. necessary environmental clearing see the Vegetation Management Act, schedule. operational airspace has the same meaning as in the State Planning Policy 2013. public safety area has the same meaning as in the State Planning Policy 2013. regulated vegetation management map see the Vegetation Management Act, section 20A. remediate , contaminated land, see the Environmental Protection Act, schedule 4. resource activity see the EnvironmentalProtection Act, section 107. self-assessable vegetation clearing code see the Vegetation Management Act, section 19O(1) and (2). State Planning Policy 2013 means the State planning policy dated December 2013 made by the Minister. Page 26 2013 SL No. 258

Sustainable Planning Amendment Regulation (No. 7) 2013 [s 16] water entitlement see the WaterAct2000 , schedule 4. (3) Schedule 26, definition excluded work , paragraph 3(b)— omit, insert — (b) work which the chief executive is satisfied would have an insignificant impact on coastal management. (4) Schedule 26, definition excluded work , paragraph 4, from ‘for which’— omit, insert — which the chief executive is satisfied would have an insignificant impact on coastal management. (5) Schedule 26, definition State development assessment provisions, ‘21 June 2013’— omit, insert — 22 November 2013 (6) Schedule 26, definition of urban area , paragraph (a), ‘under the Vegetation Management Act’— omit. ENDNOTES 1 Made by the Governor in Council on 28 November 2013. 2 Notified on the Queensland legislation website on 29 November 2013. 3 The administering agency is the Department of State Development, Infrastructure and Planning. © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 SL No. 258 Page 27