Vegetation Management Act 1999 (Qld)

Vegetation Management Act 1999

An Act about the management of vegetation

Part 1    Preliminary

1   Short title

This Act may be cited as the Vegetation Management Act 1999.

3   Purpose of Act

(1)The purpose of this Act is to regulate the clearing of vegetation in a way that—

(a)conserves remnant vegetation that is—

(i)an endangered regional ecosystem; or

(ii)an of concern regional ecosystem; or

(iii)a least concern regional ecosystem; and

(b)conserves vegetation in declared areas; and

(c)ensures the clearing does not cause land degradation; and

(d)prevents the loss of biodiversity; and

(e)maintains ecological processes; and

(f)manages the environmental effects of the clearing to achieve the matters mentioned in paragraphs (a) to (e); and

(g)reduces greenhouse gas emissions; and

(h)allows for sustainable land use.

(2)The purpose is achieved mainly by providing for—

(a)the following matters—

(i)assessment benchmarks for the Planning Act for the assessment of assessable development that is the clearing of vegetation, other than an assessment carried out by the planning chief executive;

(ii)for the Planning Act, the matters a referral agency other than the planning chief executive—

(A)must or may assess a development application against; or

(B)must or may assess a development application having regard to; and

(b)the enforcement of vegetation clearing provisions; and

(c)declared areas; and

(d)a framework for decision making that, in achieving this Act’s purpose in relation to subsection (1)(a) to (e), applies the precautionary principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage; and

(e)the regulation of particular regrowth vegetation.

(3)In this section—

environment includes—

(a)ecosystems and their constituent parts including people and communities; and

(b)all natural and physical resources; and

(c)those qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and

(d)the social, economic, aesthetic and cultural conditions affecting the matters in paragraphs (a) to (c) or affected by those matters.

4   Advancing the Act’s purpose

If, under this Act, a function or power is conferred on an entity, the entity must perform the function or exercise the power in a way that advances the purpose of this Act.

5   Definitions

The dictionary in the schedule defines particular words used in this Act.

6   Act binds all persons

This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

7   Application of Act

(1)This Act applies to all clearing of vegetation other than vegetation on—

(a)a forest reserve under the Nature Conservation Act 1992; or

(b)any of the following protected areas under the Nature Conservation Act 1992—