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.

2   [Repealed]

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—

(i)a national park (scientific);

(ii)a national park;

(iii)a national park (Aboriginal land);

(iv)a national park (Torres Strait Islander land);

(v)a national park (Cape York Peninsula Aboriginal land);

(vi)a conservation park;

(vii)a resources reserve;

(viii)a special wildlife reserve; or

(c)an area declared as a State forest or timber reserve under the Forestry Act 1959; or

(d)a forest entitlement area under the Land Act 1994.

(2)This Act does not prevent a local law from imposing requirements on the clearing of vegetation in its local government area.

(3)The requirements mentioned in subsection (2) are unaffected by the Local Government Act 2009, section 27.

(4)The Local Government Act 2009, section 27 is subject to subsection (3).

(5)This Act does not prevent a local planning instrument under the Planning Act from imposing requirements on the clearing of vegetation in its local government area.

Part 2    Vegetation management

Division 1 Key concepts

8   What is vegetation

Vegetation is a native tree or plant other than the following—

(a)grass or non-woody herbage;

(b)a plant within a grassland regional ecosystem identified in the VM REDD as having a grassland structure;

(c)a mangrove.

9   What is vegetation management

(1)Vegetation management is the management of vegetation in a way that achieves the purpose of this Act.

(2)For subsection (1), the management of vegetation may include, for example, the following—

(a)the retention or maintenance of vegetation to—

(i)avoid land degradation; or

(ii)maintain or increase biodiversity; or

(iii)maintain ecological processes;

(b)the retention of riparian vegetation;

(c)the retention of vegetation clumps or corridors.

Division 2 State policy for vegetation management

10   State policy for vegetation management

(1)The Minister must prepare a policy for vegetation management for the State.

(2)Without limiting subsection (1), the policy must state—

(a)outcomes for vegetation management and actions proposed to achieve the outcomes; and

(b)special considerations for significant community projects.

(3)The Governor in Council, by gazette notice, may approve the policy.

(4)The policy is not subordinate legislation.

(5)In this section—

significant community projects means projects the chief executive considers have an aesthetic, conservation, cultural or economic benefit to a local or regional community or the State, including—

(a)a project that serves an essential need of the community; and

Examples—

essential infrastructure, school

(b)a project that significantly improves the community’s access to services.

Examples—

hospital, State or local government library or museum

Division 2A [Repealed]

Subdivision 1 [Repealed]

10A   [Repealed]

10B   [Repealed]

Subdivision 2 [Repealed]

10C   [Repealed]

10D   [Repealed]

Division 3 [Repealed]

11   [Repealed]

12   [Repealed]

13   [Repealed]

14   [Repealed]

15   [Repealed]

Division 4 Declaration of particular areas

Subdivision 1 Declarations by Governor in Council or Minister

16   Preparing declaration

(1)The Minister may prepare a declaration that a stated area is—

(a)an area of high nature conservation value; or

(b)an area vulnerable to land degradation.

(2)Also, a person may request the Minister to prepare a declaration mentioned in subsection (1).

(3)The proposed declaration must include—

(a)proposed assessment benchmarks for the assessment of development that is the clearing of vegetation in the stated area; and

(b)proposed matters that a referral agency must or may assess a development application against, or having regard to.

(4)The Minister must consult with the following entities in preparing the declaration—

(a)an advisory committee established to advise the Minister about vegetation management;

(b)each local government whose area is affected by the declaration.

(5)The Minister must give each owner of land that is in the stated area a written notice inviting the owner to make a submission about the proposed declaration.

(6)The Minister must also give notice of the proposed declaration.

(7)The notice must—

(a)be published—

(i)on the department’s website; and

(ii)in any other way the Minister considers appropriate, including, for example, in an electronic version of a newspaper; and

(b)state the places where copies of the proposed declaration may be inspected; and

(c)invite submissions on the proposed declaration; and

(d)state a day by which submissions may be made on the proposed declaration.

17   Making declaration

(1)The Governor in Council, by gazette notice, may declare—

(a)an area mentioned in section 16(1)(a) to be an area of high nature conservation value; or

(b)an area mentioned in section 16(1)(b) to be an area vulnerable to land degradation.

(2)The declaration must not include the matters proposed under section 16(3)(a) and (b).

(3)The declaration is not subordinate legislation.

18   Interim declaration

(1)The Minister, by gazette notice, may make an interim declaration that a stated area is—

(a)an area of high nature conservation value; or

(b)an area vulnerable to land degradation.

(2)The Minister may make the interim declaration only if the Minister considers that urgent action is needed to protect the area.

(3)The interim declaration must state it is an interim declaration and the date, not more than 3 months after it is made, on which it expires.

(4)The interim declaration is not subordinate legislation.

(5)If an area is declared under subsection (1), a person must not clear vegetation in the area while the declaration has effect.

Maximum penalty—1,665 penalty units.

19   Criteria for declarations

(1)The Minister may make an interim declaration of, or prepare a declaration of, an area to be an area of high nature conservation value only if the Minister considers the area is 1 or more of the following—

(a)a wildlife refugium;

(b)a centre of endemism;

(c)an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity;

(d)an area that makes a significant contribution to the conservation of biodiversity;

(e)an area that contributes to the conservation value of a wetland, lake or spring stated in the notice.

(2)The Minister may make an interim declaration of, or prepare a declaration of, an area to be an area vulnerable to land degradation only if the Minister considers the area is subject to 1 or more of the following—

(a)soil erosion;

(b)rising water tables;

(c)the expression of salinity, whether inside or outside the area;

(d)mass movement by gravity of soil or rock;

(e)stream bank instability;

(f)a process that results in declining water quality.

(3)An area declared under subsection (1) or (2) may include an area of regrowth vegetation.

19A   [Repealed]

19B   [Repealed]

19C   [Repealed]

19D   [Repealed]

Subdivision 2 Declarations by chief executive

19E   Request for declaration

(1)The owner of land (the proponent) may, by written notice given to the chief executive, ask the chief executive to declare that a stated area of the land is—

(a)an area of high nature conservation value; or

(b)an area vulnerable to land degradation.

(2)The notice must be accompanied by a management plan for the stated area.

(3)The management plan must—

(a)be signed by the proponent; and

(b)include enough information to allow the chief executive to map the boundary of the stated area; and

(c)state the proponent’s management intent, and management outcomes proposed by the proponent, for the conservation of the high nature conservation value of the area or the prevention of land degradation in the area; and

(d)state the activities the proponent intends to carry out, or refrain from carrying out, to achieve the management outcomes mentioned in paragraph (c); and

(e)state the restrictions, if any, to be imposed on the use of, or access to, the area by other persons to achieve the management outcomes mentioned in paragraph (c).

(4)Subsection (3) does not limit the matters the management plan may contain.

19F   Making declaration

(1)The chief executive may, by written notice given to the proponent, declare that the stated area is—

(a)an area of high nature conservation value; or

(b)an area vulnerable to land degradation.

(2)If a person other than the proponent has a registered interest in the stated area the chief executive must not make the declaration without the person’s written consent.

(3)Without limiting subsection (1), the chief executive may decide not to make a declaration for the stated area if the chief executive considers the making of the declaration is not in the interests of the State, having regard to the public interest.

(4)In this section—

registered means registered under the Land Act 1994 or Land Title Act 1994.

19G   Particular criteria for declaration

(1)The chief executive may declare an area to be an area of high nature conservation value only if the chief executive considers—

(a)implementation of the management plan for the area will help to conserve its high nature conservation value; and

(b)the area is 1 or more of the following—

(i)a wildlife refugium;

(ii)a centre of endemism;

(iii)an area containing a vegetation clump or corridor that contributes to the maintenance of biodiversity;

(iv)an area that makes a significant contribution to the conservation of biodiversity;

(v)an area that contributes to the conservation value of a wetland, lake or spring stated in the notice mentioned in section 19F(1) for the declaration;

(vi)another area that contributes to the conservation of the environment.

(2)The chief executive may declare an area to be an area vulnerable to land degradation only if the chief executive considers—

(a)implementation of the management plan for the area will help to prevent or minimise land degradation in the area; and

(b)the area is subject to 1 or more of the following—

(i)soil erosion;

(ii)rising water tables;

(iii)the expression of salinity, whether inside or outside the area;

(iv)mass movement by gravity of soil or rock;

(v)stream bank instability;

(vi)a process that results in declining water quality.

(3)An area declared under this subdivision may include an area of regrowth vegetation.

19H   [Repealed]

19I   Amendment of management plan

The chief executive may, with the agreement of the owner of the land the subject of a management plan, amend the plan.

19J   When management plan stops having effect

A management plan for a declared area has effect until the earlier of the following happens—

(a)the plan ends under its terms;

(b)the declaration of the area as a declared area ends under section 19L.

19K   Recording of declared areas and management plans

(1)As soon as practicable after declaring an area to be a declared area, the chief executive must give the registrar of titles written notice of—

(a)the declaration; and

(b)the management plan for the declared area.

(2)The notice must include particulars of the land the subject of the declaration.

(3)The registrar must keep records that—

(a)show the land is a declared area; and

(b)state the places where particulars of the management plan may be inspected.

(4)The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show—

(a)the declaration has been made; and

(b)the existence of the management plan.

(5)As soon as practicable after a declaration ends or a management plan for the land the subject of a declaration stops having effect—

(a)the chief executive must give the registrar written notice of the fact; and

(b)the registrar must remove the particulars of the declaration or management plan from the registrar’s records.

(6)While a management plan has effect for the land and is recorded by the registrar under this section, the plan is binding on—

(a)each person who is from time to time the owner of the land, whether or not the person signed the plan or agreed to any amendment of the plan; and

(b)each person who has an interest in the land.

19L   Ending declaration

(1)The chief executive may, by written notice given to the owner of the land the subject of a declaration under this subdivision, end the declaration if the chief executive considers—

(a)the declaration is not in the interests of the State, having regard to the public interest; or

(b)the management outcomes mentioned in section 19E(3)(c) for the management plan relevant to the declaration have been achieved.

(2)Also, the chief executive may, by notice given to the owner of land declared as an area of high conservation value, end the declaration if—

(a)the area is, on or after the commencement of this subsection, a legally secured offset area; and

(b)a prescribed activity is, under an authority under another Act, to be carried out in or on the area; and

(c)the holder of the authority has entered into an agreed delivery arrangement in relation to an environmental offset for impacts to the area.

(3)In this section—

agreed delivery arrangement see the Environmental Offsets Act 2014, schedule 2.

authority, under another Act, see the Environmental Offsets Act 2014, schedule 2.

environmental offset see the Environmental Offsets Act 2014, schedule 2.

legally secured offset area see the Environmental Offsets Act 2014, schedule 2.

prescribed activity see the Environmental Offsets Act 2014, schedule 2.

19M   [Repealed]

Division 4A Clearing vegetation for special indigenous purpose

19N   Draft matters for assessing development application for clearing of vegetation for special indigenous purpose

(1)The Minister may prepare a document stating draft assessment matters for development that—

(a)involves, or relates to, the clearing of vegetation; and

(b)the Minister is satisfied is for a special indigenous purpose under the CYPH Act.

(2)In preparing the document, the Minister—

(a)must consult with—

(i)the relevant landholders; and

(ii)the Cape York Peninsula Regional Advisory Committee; and

(b)may, for example, consider any matter stated in the CYPH Act, section 18 or 19 the Minister considers is relevant to the clearing of vegetation for development.

(3)In preparing assessment matters under the Planning Act, the document may be considered, but otherwise does not affect the preparation or making of assessment matters under that Act.

(4)In this section—

assessment matters means—

(a)assessment benchmarks for assessing development under the Planning Act; and

(b)the matters a referral agency must or may assess a development application against, or having regard to.

Cape York Peninsula Region means the Cape York Peninsula Region under the CYPH Act.

Cape York Peninsula Regional Advisory Committee means the Cape York Peninsula Regional Advisory Committee established under the CYPH Act.

DOGIT land means DOGIT land under the Aboriginal Land Act 1991.

relevant landholders means—

(a)the land trusts for Aboriginal land, under the Aboriginal Land Act 1991, that is in the Cape York Peninsula Region; and

(b)the Aurukun Shire Council; and

(c)the trustees, under the Land Act 1994, of DOGIT land in the Cape York Peninsula Region.

Division 4B Accepted development

19O   Accepted development vegetation clearing code

(1)The Minister may make a code (an accepted development vegetation clearing code) for—

(a)clearing of vegetation, including for the following—

(i)an extractive industry;

(ii)relevant infrastructure activities;

(iii)environmental activities, including necessary environmental clearing;

(iv)sustainable land use, including fodder harvesting; or

(b)conducting a native forest practice.

(2)Also, the Minister may make a code (also an accepted development vegetation clearing code) for any other matter about clearing vegetation the Minister considers is necessary or desirable for achieving the purpose of this Act.

(3)An accepted development vegetation clearing code may provide for all or any of the following—

(a)clearing for 1 or more relevant purposes under section 22A;

(b)clearing that is subject to another code under this Act;

(c)clearing a particular area;

(d)clearing a particular type of vegetation;

(e)required outcomes and practices, and voluntary best practices, for clearing vegetation;

(f)restrictions on clearing commercial timber on State land;

(g)the protection of habitat for protected wildlife;

(h)the circumstance in which an exchange area must be provided;

(i)giving notice to the chief executive of the intended clearing or native forest practice to be conducted under the code.

(4)An accepted development vegetation clearing code must not be inconsistent with this Act or the State policy.

19P   When accepted development vegetation clearing code takes effect

An accepted development vegetation clearing code does not take effect until it has been approved under a regulation.

19Q   Code compliant clearing and conduct of native forest practices are accepted development for Planning Act

(1)This section applies if an accepted development vegetation clearing code applies to the clearing of vegetation or the conduct of a native forest practice (the activity).

(2)For the Planning Act, the activity is accepted development only if and to the extent the activity complies with the code.

Note—

Under the Planning Act, the activity to the extent it does not comply with the code may be prohibited development or assessable development. See chapter 5, part 2 of that Act in relation to offences applying to prohibited development and assessable development.

19R   Register of accepted development notices given under code

(1)The chief executive must keep a register of notices required to be given to the chief executive under an accepted development vegetation clearing code.

(2)The register must include details of each notice the chief executive considers appropriate.

(3)The publicly available part of the register must not contain the name of the person giving the notice.

(4)The chief executive must publish the real property description of the land the subject of the notification in the publicly available part of the register on the department’s website.

19S   When notice given under code ends

(1)This section applies if the Minister revokes or replaces an accepted development vegetation clearing code.

(2)For this Act and the Planning Act—

(a)a notice for the intended clearing of vegetation or the conduct of a native forest practice (the activity) given under the code ceases to have effect when the code is revoked or replaced; and

(b)the activity can not continue to be carried out under that code or, if that code is replaced, the replacement code.

(3)However, if the Minister replaces an accepted development vegetation clearing code, subsection (2) does not apply to the extent the replacement code provides otherwise.

19T   [Repealed]

19U   [Repealed]

19V   [Repealed]

19W   [Repealed]

19X   [Repealed]

Division 4C [Repealed]

19Y   [Repealed]

19Z   [Repealed]

19ZA   [Repealed]

19ZB   [Repealed]

19ZC   [Repealed]

19ZD   [Repealed]

19ZE   [Repealed]

19ZF   [Repealed]

19ZG   [Repealed]

Division 5 [Repealed]

20   [Repealed]

Division 5AA Vegetation management maps

20A   What is the regulated vegetation management map

The regulated vegetation management map is the map certified by the chief executive as the regulated vegetation management map for a part of the State and showing the vegetation category areas for the part.

Note—

The chief executive may decide under section 20AH or 20AI to show an area on the map as a category B or a category C area even though the vegetation is not remnant vegetation or high value regrowth vegetation.

20AA   What is the vegetation management wetlands map

The vegetation management wetlands map is the map certified by the chief executive as the vegetation management wetlands map showing particular wetlands for the State.

20AB   What is the vegetation management watercourse and drainage feature map

The vegetation management watercourse and drainage feature map is the map certified by the chief executive as the vegetation management watercourse and drainage feature map showing particular watercourses and drainage features for the State.

Note—

The map consists of the following documents—

•the document called ‘Vegetation management watercourse and drainage feature map (1:25 000)’

•the document called ‘Vegetation management watercourse and drainage feature map (1:100 000 and 1:250 000)’.

20AC   What is the essential habitat map

(1)The essential habitat map is a map certified by the chief executive as the essential habitat map for the State and showing, for the State, areas the chief executive reasonably believes are areas of essential habitat for protected wildlife.

(2)Essential habitat, for protected wildlife, is a category A area, a category B area or category C area shown on the regulated vegetation management map—

(a)that has at least 3 essential habitat factors for the protected wildlife that must include any essential habitat factors that are stated as mandatory for the protected wildlife in the essential habitat database; or

(b)in which the protected wildlife, at any stage of its life cycle, is located.

(3)Essential habitat database is a database, listing essential habitat factors for protected wildlife, certified by the chief executive as an essential habitat database.

(4)An essential habitat factor, for protected wildlife, is a component of the wildlife’s habitat, including, for example, a landform, pollinator, regional ecosystem, soil and water, that is necessary or desirable for the wildlife at any stage of its lifecycle.

20AD   [Repealed]

20ADA   [Repealed]

20AE   [Repealed]

20AF   [Repealed]

20AG   [Repealed]

20AH   Deciding to show particular areas as category B areas

In certifying the regulated vegetation management map, the chief executive may decide to show an area on the map as a category B area if—

(a)a development approval for the area has been given for—

(i)fodder harvesting; or

(ii)managing thickened vegetation; or

(iii)clearing of encroachment; or

(iv)control of non-native plants or declared pests; or

(v)necessary environmental clearing; or

(b)the area is a declared area, offset area or exchange area; or

(c)the area has been subject to clearing of vegetation under an accepted development vegetation clearing code on a category B area for 1 or more of the following—

(i)conducting a native forest practice;

(ii)fodder harvesting;

(iii)clearing of encroachment;

(iv)controlling non-native plants or declared pests;

(v)necessary environmental clearing; or

(d)the area contains forest products under the Forestry Act 1959 and—

(i)has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or

(ii)is an area in which the State has carried out harvesting of commercial timber; or

(iii)has been cleared under section 70A; or

(e)the chief executive has made a PMAV for the area under section 20B(1)(e), (g) or (h); or

(f)the area has been unlawfully cleared; or

(g)the area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or

(h)the area is a regional ecosystem that—

(i)has a predominant canopy not dominated by woody vegetation; and

(ii)has not been cultivated for 15 years; and

(iii)contains native species normally found in the regional ecosystem; and

(iv)is not dominated by non-native perennial species; or

(i)the area has been subject to clearing of vegetation under an area management plan on a category B area for 1 or more of the following—

(i)fodder harvesting;

(ii)managing thickened vegetation;

(iii)clearing of encroachment;

(iv)controlling non-native plants or declared pests;

(v)necessary environmental clearing; or

(j)the area has been subject to a native forest practice on a category B area.

20AI   Deciding to show particular areas as category C areas

In certifying the regulated vegetation management map, the chief executive may decide to show an area on the map as a category C area if—

(a)the area has been subject to clearing of vegetation under an accepted development vegetation clearing code on a category C area for 1 or more of the following—

(i)conducting a native forest practice;

(ii)fodder harvesting;

(iii)clearing of encroachment;

(iv)controlling non-native plants or declared pests;

(v)necessary environmental clearing; or

(b)the area is an exchange area; or

(c)the area contains forest products under the Forestry Act 1959 that are regulated regrowth vegetation and—

(i)has been defined by agreement with the FA chief executive as an area in which the State has an interest in commercial timber; or

(ii)is an area in which the State has carried out harvesting of commercial timber; or

(iii)has been cleared under section 70A; or

(d)the chief executive has made a PMAV for the area under section 20B(1)(e), (g) or (h); or

(e)the area has been unlawfully cleared; or

(f)the area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or

(g)the area has been subject to clearing of vegetation under an area management plan on a category C area for 1 or more of the following—

(i)fodder harvesting;

(ii)managing thickened vegetation;

(iii)clearing of encroachment;

(iv)controlling non-native plants or declared pests;

(v)necessary environmental clearing.

20AJ   Application to make PMAV before amending regulated vegetation management map

If an owner of land in an area wants the chief executive to amend the regulated vegetation management map, the owner must apply to the chief executive under section 20C to make a PMAV for the area.

Note—

See section 20H for the effect of an inconsistency between a PMAV and the regulated vegetation management map.

20AK   What is a property map of assessable vegetation (or PMAV)

(1)A property map of assessable vegetation (or PMAV) is a map certified by the chief executive as a PMAV for an area and showing the vegetation category area for the area.

(2)The map may also show for the area the location of the boundaries of, and the regional ecosystem number for, each regional ecosystem in the area.

20AKA    What is a vegetation category area

A vegetation category area is a category A area, category B area, category C area, category R area or category X area.

Note—

The effect of sections 20AL to 20AO, 20BA and 20CA is that there is no overlap of the boundaries of the vegetation category areas.

20AL   What is a category A area

A category A area is an area, other than a category B area, category C area, category R area or category X area, shown on the regulated vegetation management map as a category A area that—

(a)is any of the following—

(i)a declared area;

(ii)an offset area;

(iii)an exchange area; or

(b)has been unlawfully cleared; or

(c)is, or has been, subject to—

(i)a restoration notice; or

(ii)an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or

(d)has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or

(e)the chief executive decides under section 20BA is a category A area; or

(f)is a category A area by agreement under section 20C(3) if, immediately before the agreement is entered into, the area was a category X area on a PMAV containing remnant vegetation or high value regrowth.

20AM   What is a category B area

A category B area is an area, other than a category A area, category C area, category R area or category X area, shown on the regulated vegetation management map as a category B area that—

(a)contains remnant vegetation; or

(b)the chief executive decides to show on the regulated vegetation management map as a category B area; or

Note—

The chief executive may decide under section 20AH to show an area on the regulated vegetation management map as a category B area even though the vegetation is not remnant vegetation.

(c)if section 20AN does not apply to the area—

(i)is a Land Act tenure to be converted under the Land Act 1994 to another form of tenure; and

(ii)contains—

(A)an endangered regional ecosystem; or

(B)an of concern regional ecosystem; or

(C)a least concern regional ecosystem.

20AN   What is a category C area

A category C area is an area, other than a category A area, category B area, category R area or category X area, shown on the regulated vegetation management map as a category C area that—

(a)contains high value regrowth vegetation; or

(b)the chief executive decides to show on the regulated vegetation management map as a category C area.

Note—

The chief executive may decide under section 20AI to show an area on the regulated vegetation management map as a category C area even though the vegetation is not high value regrowth vegetation.

20ANA    What is a category R area

A category R area is an area, other than a category A area, category B area, category C area or category X area, shown on the regulated vegetation management map as a category R area that is a regrowth watercourse and drainage feature area.

20AO   What is a category X area

(1)A category X area is an area, other than a category A area, category B area, category C area or category R area (in which the clearing of vegetation has happened), shown on the regulated vegetation management map as a category X area.

(2)However, an area is not a category X area if the chief executive decides under section 20CA the area is not a category X area.

20B   When chief executive may make PMAV

(1)The chief executive may make a PMAV for an area if—

(a)the area becomes a declared area; or

(b)the area becomes an offset area; or

(c)the area becomes an exchange area; or

(d)the area has been unlawfully cleared; or

(e)the area is subject to—

(i)a restoration notice; or

(ii)an enforcement notice under the Planning Act containing conditions about restoration of vegetation; or

(f)the area has been cleared of native vegetation and in relation to the clearing a person has been found guilty by a court, whether or not a conviction has been recorded, of a clearing offence; or

(g)the chief executive reasonably believes—

(i)a person has committed a vegetation clearing offence in relation to the area, whether before or after the commencement of this section, or a vegetation clearing offence is being committed in relation to the area; or

(ii)the area was cleared of vegetation in contravention of a tree clearing provision under the Land Act 1994 as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004, section 3; or

(iii)prohibited development under the repealed Moratorium Act, part 5 was carried out in relation to the area; or

(h)the area is a Land Act tenure that is to be converted under the Land Act 1994 to another form of tenure; or

(i)the chief executive reasonably believes there is an error in the part of the regulated vegetation management map for the area.

(2)The chief executive must give each owner of land to be included in the PMAV an information notice about the decision to make the PMAV.

(3)Nothing prevents the chief executive making a PMAV for 2 or more of the circumstances mentioned in subsection (1)(a) to (i) over the same or different areas.

20BA   Chief executive may make decision about category A area

The chief executive may make an area a category A area on a PMAV if the chief executive reasonably believes—

(a)a vegetation clearing offence is being, or has been, committed in relation to the area; or

(b)the area was cleared of vegetation in contravention of a tree clearing provision under the Land Act 1994 as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004, section 3; or

(c)prohibited development under the repealed Moratorium Act, part 5 was carried out in relation to the area.

20C   When owner may apply for PMAV

(1)An owner of land may apply to the chief executive for the making of a PMAV for the land or part of the land.

(2)The application must—

(a)be in the approved form; and

(b)state the information prescribed under a regulation; and

(c)be accompanied by the fee prescribed under a regulation.

(3)If the owner of the land and the chief executive agree to the making of the PMAV, the chief executive must make the PMAV.

(4)The chief executive may waive the prescribed fee for the making of a PMAV if it is in the interests of the State and the owner.

(5)If the chief executive refuses to make a PMAV for the area, the chief executive must give the owner an information notice about the decision.

20CA   Process before making PMAV

(1)This section applies if—

(a)an owner of land applies under section 20C for the making of a PMAV for the land or part of the land; and

(b)the owner proposes that the land or part of the land (the relevant area) be a category X area on the PMAV.

(2)The chief executive can not make the relevant area a category X area on the PMAV if any of the circumstances mentioned in section 20AH or 20AI for the area have happened unless the area has later been cleared and—

(a)the clearing was carried out under a moratorium exemption; or

(b)the clearing was carried out under a development approval other than a development approval for—

(i)fodder harvesting; or

(ii)managing thickened vegetation; or

(iii)clearing of encroachment; or

(iv)controlling non-native plants or declared pests; or

(v)necessary environmental clearing; or

(c)the clearing was carried out under an accepted development vegetation clearing code other than for—

(i)conducting a native forest practice; or

(ii)fodder harvesting; or

(iii)clearing of encroachment; or

(iv)controlling non-native plants or declared pests; or

(v)necessary environmental clearing; or

(d)the clearing was carried out under an area management plan other than for—

(i)fodder harvesting; or

(ii)managing thickened vegetation; or

(iii)clearing of encroachment; or

(iv)controlling non-native plants or declared pests; or

(v)necessary environmental clearing; or

(e)the clearing was not carried out under an accepted development vegetation clearing code or an area management plan and, when the clearing was carried out, the clearing did not require a development permit under the Planning Act.

(3)Also, the chief executive can not make the relevant area a category X area on the PMAV if—

(a)the vegetation in the relevant area is not remnant vegetation or high value regrowth vegetation because of clearing that happened because of burning, flooding or natural causes; or

(b)the chief executive is satisfied the clearing of vegetation for the relevant area after 29 November 2013 was not lawfully carried out.

(3A)However, subsection (3) does not prevent the chief executive making the relevant area a category X area on the PMAV if clearing in the area was carried out under subsection (2)(a), (b), (c), (d) or (e) after the clearing mentioned in subsection (3)(a) or (b).

(4)If the chief executive considers the relevant area can not be made a category X area because of subsection (2) or (3), the chief executive must, before making the PMAV, give the owner of the land a notice inviting the owner to show why the relevant area should be a category X area.

(5)The notice must state the following—

(a)the grounds for the proposed decision that the relevant area is not a category X area;

(b)the facts and circumstances forming the basis for the grounds;

(c)the proposed boundaries of the vegetation category areas for the PMAV;

(d)that the owner may make submissions about the proposed decision;

(e)how to make a properly made submission;

(f)where the submission may be made or sent;

(g)a period within which the submission must be made.

(6)The stated period must be at least 15 business days after the notice is given.

(7)If, after considering any properly made submission by the owner, the chief executive still considers the relevant area is not a category X area, the chief executive may make the relevant area other than a category X area on the PMAV.

(8)The chief executive must give the owner an information notice about the decision to make the relevant area other than a category X area.

(9)In this section—

lawfully carried out, for the clearing of vegetation, means the clearing was, at the time of the clearing, authorised or permitted under this Act or under any of the following—

(a)the Planning Act;

(b)the repealed Integrated Planning Act 1997;

(c)the repealed Sustainable Planning Act 2009;

(d)the State Development and Public Works Organisation Act 1971;

(e)the Cape York Peninsula Heritage Act 2007.

properly made submission means a submission that—

(a)is written; and

(b)

is signed by each person (a signatory) who made the submission; and

(c)states the name and address of each signatory; and

(d)states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and

(e)is made to the person stated in the notice inviting the submission; and

(f)is received on or before the last day for the making of the submission.

20D   When PMAV may be replaced

(1)The chief executive may replace a PMAV for an area (the previous area) with 1 or more PMAVs (each a new PMAV).

(2)A new PMAV may apply to—

(a)part or all of the previous area; or

(b)part or all of the previous area and another area.

(3)Subsection (1) applies only—

(a)if a matter mentioned in section 20B occurs in relation to an area mentioned in subsection (2); or

(b)to reflect a change to a regional ecosystem, in an area mentioned in subsection (2), under division 7A; or

(c)to change a category A area mentioned in section 20AL(f) to a category B area, category C area or category X area, if each of the affected owners agrees to the replacement; or

(d)for a matter other than a matter mentioned in paragraph (a), (b) or (c), if each of the affected owners agrees to the replacement.

(3A)Despite subsection (3), the chief executive may replace a PMAV for an area if—

(a)for a PMAV made under section 20B(1)(a) for a declared area under division 4, subdivision 2—the declaration for the area ends; or

(b)for a PMAV made under section 20B(1)(b)—the offset in relation to the offset area ends; or

(c)for a PMAV made under section 20B(1)(c)—the exchange area is no longer an exchange area required under an accepted development vegetation clearing code; or

(d)for a PMAV made under section 20B(1)(d), (e), (f) or (g)—

(i)the area contains remnant vegetation; or

(ii)the person the subject of a restoration notice, an enforcement notice under the Planning Act or a court order has complied with the conditions of the restoration notice or enforcement notice or order; or

(e)for a PMAV made under section 20B(1)(h)—the Land Act tenure over the area is not converted to another form of tenure; or

(f)for a PMAV made under section 20B(1)(i)—the regulated vegetation management map is amended to correct the error.

(4)A reference to a PMAV made under section 20B or 20C is taken to include its replacement under this section.

(5)In this section—

affected owner means an owner of land proposed to be included in a new PMAV if any of the following apply—

(a)the owner applied under section 20C for the making of the new PMAV;

(b)there was not a PMAV for the land or part of the land;

(c)the land, or part of the land, will be affected by a change to the boundary of a vegetation category area in the new PMAV.

20E   [Repealed]

20F   Copies of PMAV given to owners

(1)If a PMAV is made or replaced, a copy must be given, free of charge, to each affected owner of land that is included in the PMAV.

(2)However, if there are 2 or more affected owners who reside at the same address, a copy of the PMAV may be sent to the owners jointly.

(3)In this section—

affected owner, of land included in a PMAV, means an owner of the land if all, or a part of, the land will be affected by a change to the boundary of a vegetation category area in the PMAV.

20G   Effect of PMAV

(1)An owner of land included in a PMAV, or any other person, may rely on the PMAV as correctly showing a vegetation category area.

(2)Also, until the regulated vegetation management map is amended under section 20HB to reflect a PMAV that has been made or replaced, a reference in section 20AL, 20AM, 20AN, 20ANA or 20AO to an area of a particular category shown on the regulated vegetation management map is taken to include a reference to an area of that category shown on the PMAV.

20H   PMAV boundaries prevail

(1)This section applies if there is an inconsistency between a boundary of a vegetation category area shown on a PMAV and the boundary of the area shown on the regulated vegetation management map.

(2)The boundary shown on the PMAV prevails to the extent of the inconsistency.

20HA   Certifying vegetation management map

The chief executive may certify a vegetation management map by certifying—

(a)a hard copy of the map; or

(b)a digital electronic form of the map.

20HB   Amending vegetation management map

If the chief executive makes or replaces a PMAV, the chief executive must amend the regulated vegetation management map in a way that reflects the PMAV.

20HC   When vegetation management map takes effect

A vegetation management map or a map replacing a vegetation management map does not take effect until the map is certified by the chief executive.

20I   [Repealed]

20J   [Repealed]

20K   [Repealed]

20L   [Repealed]

20M   [Repealed]

20N   [Repealed]

20O   [Repealed]

20P   [Repealed]

20Q   [Repealed]

20R   [Repealed]

20S   [Repealed]

20T   [Repealed]

20U   [Repealed]

20UA   [Repealed]

20UB   [Repealed]

20UC   [Repealed]

20V   [Repealed]

20W   [Repealed]

20X   [Repealed]

20Y   [Repealed]

20Z   [Repealed]

20ZA   [Repealed]

20ZB   [Repealed]

20ZC   [Repealed]

Division 5B Area management plans

Subdivision 1 Preliminary

21   Definitions for division

In this division—

area management plan means an area management plan made by the chief executive under subdivision 2.

plan area, for an area management plan, means the area to which the plan relates.

restricted (fodder harvesting) land see section 21A.

21A   What is restricted (fodder harvesting) land

(1)Restricted (fodder harvesting) land is—

(a)a State-controlled road under the Transport Infrastructure Act 1994; or

(b)a road controlled by a local government under the Local Government Act 2009; or

(c)trust land under the Land Act 1994.

(2)However, restricted (fodder harvesting) land does not include indigenous land.

Subdivision 2 Plans made by chief executive

21B   Chief executive may make area management plans

(1)The chief executive may make an area management plan for an area that provides for any matter about clearing vegetation the chief executive considers necessary or desirable for achieving the purpose of this Act.

(2)An area management plan must—

(a)include enough information to allow the chief executive to map the boundary of—

(i)the plan area; and

(ii)if the conditions for clearing vegetation relate to different zones within the plan area—each of the zones; and

(b)state—

(i)the management intent and management outcomes for vegetation management in the plan area; and

(ii)the conditions for clearing, or restricting clearing of, vegetation in the area to achieve the management intent and management outcomes; and

(c)provide for, or allow, clearing of vegetation for 1 or more of the following—

(i)controlling non-native plants or declared pests;

(ii)ensuring public safety;

(iii)relevant infrastructure activities;

(iv)clearing of encroachment;

(v)managing thickened vegetation;

(vi)fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land;

(vii)necessary environmental clearing; and

(d)not be inconsistent with the State policy.

(3)An area management plan is not subordinate legislation.

21C   Plan period for area management plan

An area management plan must state the period, of no longer than 10 years, for which it will be in force, and remains in force until the end of the period.

21D   Mandatory conditions for area management plan

(1)An area management plan is subject to the conditions under subsections (2) and (3).

(2)If the plan provides for, or allows, clearing of vegetation for relevant infrastructure activities, the condition is that the clearing can not reasonably be avoided or minimised.

(3)If the plan area includes restricted (fodder harvesting) land, the condition is that vegetation on the land can not be cleared for fodder harvesting.

Subdivision 2A [Repealed]

Subdivision 3 Keeping plans

21E   Register of area management plans

(1)The chief executive must—

(a)give each area management plan a unique identifying number; and

(b)keep a register of area management plans.

(2)The register must include details of each notice the chief executive considers appropriate.

Subdivision 4 [Repealed]

Subdivision 5 [Repealed]

Subdivision 6 [Repealed]

Division 6 Relationship with Planning Act

22   [Repealed]

22A   When development is for a relevant purpose

(1)This section provides for when development the subject of a vegetation clearing application is for a relevant purpose.

(2)Development is for a relevant purpose under this section if the chief executive is satisfied the development is—

(a)a project declared to be a coordinated project under the State Development and Public Works Organisation Act 1971, section 26; or

(b)necessary to control non-native plants or declared pests; or

(c)to ensure public safety; or

(d)for relevant infrastructure activities and clearing for the development can not reasonably be avoided or minimised; or

(e)a natural and ordinary consequence of other assessable development for which a development approval was given under the repealed Integrated Planning Act 1997, or a development application was made under that Act, before 16 May 2003; or

(f)for fodder harvesting; or

(g)for managing thickened vegetation; or

(h)for clearing of encroachment; or

(i)for an extractive industry; or

(j)for necessary environmental clearing.

(2AA)Also, development the subject of a vegetation clearing application is for a relevant purpose under this section if, under the CYPH Act, the Minister is satisfied the development is for a special indigenous purpose.

(2B)However, development is not for a relevant purpose under this section if the development is—

(a)clearing in a category C area if the land on which the development is carried out is freehold land, indigenous land or the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes or an occupation licence under that Act; or

(b)clearing in a category R area if the land on which the development is carried out is freehold land, indigenous land or the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes; or

(c)mentioned in subsection (2)(e), (f) or (i) or (2AA) and the land the subject of the application is an area declared to be a declared area under division 4, subdivision 2.

22B   Requirements for vegetation clearing application for managing thickened vegetation

(1)This section applies if a vegetation clearing application is for managing thickened vegetation.

(2)The application must demonstrate how the proposed clearing will restore the regional ecosystem subject to the clearing to the floristic composition and densities typical of the regional ecosystem in the bioregion and include the following—

(a)the location and extent of the proposed clearing;

(b)the selective clearing methods proposed to be used;

(c)evidence that the clearing will be limited to the prescribed regional ecosystems and restrictions;

(d)evidence that the regional ecosystem has thickened in comparison to the same regional ecosystem in the bioregion.

(3)In this section—

prescribed regional ecosystems and restrictions means regional ecosystems and restrictions prescribed by regulation under the Planning Act, section 55(2) to be a regional ecosystem or restriction for managing thickened vegetation.

22C   [Repealed]

22D   [Repealed]

22DAA    [Repealed]

22DAB    [Repealed]

22DAC    [Repealed]

22DA   [Repealed]

22DB   [Repealed]

22DC   [Repealed]

22DD   [Repealed]

22DE   [Repealed]

22DF   [Repealed]

Division 6A [Repealed]

Subdivision 1 [Repealed]

22DG   [Repealed]

Subdivision 2 [Repealed]

22DH   [Repealed]

22DI   [Repealed]

22DJ   [Repealed]

22DK   [Repealed]

Subdivision 3 [Repealed]

[Repealed]

22DL   [Repealed]

Division 7 [Repealed]

22E   [Repealed]

22F   [Repealed]

22G   [Repealed]

22H   [Repealed]

Division 7A Regional ecosystems

Subdivision 1 Vegetation Management Regional Ecosystem Description Database (VM REDD)

22I   What is the Vegetation Management Regional Ecosystem Description Database (or VM REDD)

The Vegetation Management Regional Ecosystem Description Database (or VM REDD) is the database that has effect as the Vegetation Management Regional Ecosystem Description Database under this subdivision.

22J   Certification of database

(1)The chief executive may certify a database about regional ecosystems as the Vegetation Management Regional Ecosystem Description Database.

(2)The chief executive may certify a database under subsection (1) by certifying—

(a)a hard copy of the database; or

(b)a digital electronic form of the database.

(3)If the chief executive certifies a digital electronic form of a database under subsection (1), a reference in this subdivision to the database is taken to include a reference to a hard copy of the database.

(4)Before certifying a database under subsection (1), the chief executive must ensure—

(a)the regional ecosystem numbers, descriptions and classes for regional ecosystems in the database reflect the relevant numbers, descriptions and classes in the Queensland Herbarium Regional Ecosystem Description Database; and

(b)if certified, the database would comply with sections 22LA(2), 22LB(2) and 22LC(2).

(5)However, a failure to comply with subsection (4), or section 22LA(2), 22LB(2) or 22LC(2), in relation to the certification of a database under subsection (1) does not affect the validity of the certification.

22K   When database in effect as VM REDD

(1)A database certified under section 22J takes effect as the VM REDD on—

(a)the day the database is tabled in the Legislative Assembly under subsection (2); or

(b)if the database states a later day from which the database takes effect—the day stated in the database.

(2)A database certified under section 22J must be tabled in the Legislative Assembly within 14 sitting days after the certification.

(3)If a database certified under section 22J is not tabled under subsection (2)—

(a)the database has no effect; and

(b)the database that most recently was the VM REDD continues in effect as the VM REDD.

(4)The Statutory Instruments Act 1992, section 50 applies to a database certified under section 22J as if it were subordinate legislation.

(5)If a database certified under section 22J ceases to have effect under subsection (4), the database that most recently was the VM REDD again takes effect as the VM REDD.

(6)The fact that a database certified under section 22J ceases to have effect under subsection (4) does not affect anything done or suffered under this Act before the database ceased to have effect.

22L   Publication of VM REDD

The chief executive must ensure each database certified under section 22J—

(a)is published on the department’s website; and

(b)states the period for which the database is or was the VM REDD.

Subdivision 2 Classes of regional ecosystems

22LA   Endangered regional ecosystems

(1)Each regional ecosystem identified in the VM REDD as an endangered regional ecosystem is an endangered regional ecosystem.

(2)The VM REDD may identify a regional ecosystem as an endangered regional ecosystem only if the Minister is satisfied—

(a)the area of remnant vegetation for the regional ecosystem is less than 10% of the pre-clearing extent of the regional ecosystem; or

(b)the area of remnant vegetation for the regional ecosystem is—

(i)10% to 30% of the pre-clearing extent of the regional ecosystem; and

(ii)less than 10,000ha.

22LB   Of concern regional ecosystems

(1)Each regional ecosystem identified in the VM REDD as an of concern regional ecosystem is an of concern regional ecosystem.

(2)The VM REDD may identify a regional ecosystem as an of concern regional ecosystem only if the Minister is satisfied—

(a)the area of remnant vegetation for the regional ecosystem is 10% to 30% of the pre-clearing extent of the regional ecosystem; or

(b)the area of remnant vegetation for the regional ecosystem is—

(i)more than 30% of the pre-clearing extent of the regional ecosystem; and

(ii)less than 10,000ha.

22LC   Least concern regional ecosystems

(1)Each regional ecosystem identified in the VM REDD as a least concern regional ecosystem is a least concern regional ecosystem.

(2)The VM REDD may identify a regional ecosystem as a least concern regional ecosystem only if the Minister is satisfied the area of remnant vegetation for the regional ecosystem is—

(a)more than 30% of the pre-clearing extent of the regional ecosystem; and

(b)more than 10,000ha.

Division 8 [Repealed]

22M   [Repealed]

23   [Expired]

Part 3    Enforcement, investigations and offences

Division 1 Enforcement and investigations

Subdivision 1 Authorised officers

24   Appointment and qualifications of authorised officers

(1)The chief executive may appoint a person as an authorised officer.

(2)The chief executive may appoint a person as an authorised officer only if the chief executive is satisfied the person has the necessary expertise or experience to be an authorised officer.

25   Functions and powers of authorised officers

(1)An authorised officer has the functions of—

(a)conducting investigations and inspections to monitor and enforce compliance with—

(i)this Act; and

(ii)a vegetation clearing provision; and

(b)giving stop work notices and restoration notices.

(2)An authorised officer has the powers given under this or another Act.

(3)An authorised officer is subject to the directions of the chief executive in exercising the powers.

(4)The powers of an authorised officer may be limited—

(a)under a regulation; or

(b)under a condition of appointment; or

(c)by notice of the chief executive given to the authorised officer.

26   Conditions of appointment of authorised officers

(1)An authorised officer holds office on the conditions stated in the officer’s instrument of appointment.

(2)An authorised officer—

(a)if the appointment provides for a term of appointment—ceases to hold office at the end of the term; and

(b)may resign by signed notice of resignation given to the chief executive.

27   Authorised officer’s identity card

(1)The chief executive must give each authorised officer an identity card.

(2)The identity card must—

(a)contain a recent photograph of the authorised officer; and

(b)be signed by the authorised officer; and

(c)identify the person as an authorised officer under this Act.

(3)This section does not prevent the giving of a single identity card to a person for this Act and other Acts.

28   Failure to return identity card

A person who ceases to be an authorised officer must return the person’s identity card to the chief executive as soon as practicable, but within 15 business days, after ceasing to be an authorised officer, unless the person has a reasonable excuse for not returning it.

Maximum penalty—50 penalty units.

29   Production or display of identity card

(1)An authorised officer may exercise a power under this Act in relation to someone else only if the authorised officer—

(a)first produces his or her identity card for the person’s inspection; or

(b)has the identity card displayed so it is clearly visible to the person.

(2)If it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

Subdivision 2 Power to enter places

30   Power to enter places

(1)An authorised officer may enter a place if—

(a)an occupier of the place consents to the entry; or

(b)it is a public place and the entry is made when it is open to the public; or

(c)the place is—

(i)the subject of—

(A)a development approval; or

(B)a lease, licence or permit under the Land Act 1994; or

(C)a stop work notice or restoration notice; or

(D)an enforcement notice under the Planning Act relating to the contravention of a vegetation clearing provision; or

(E)an activity, being carried out at the time of entry, to which an enforceable undertaking relates; or

(F)a notification of an intention to clear vegetation given under an accepted development vegetation clearing code or an area management plan; and

(ii)entered during daylight hours; or

(d)the entry is for the purpose of giving an occupier a stop work notice requiring the occupier to immediately stop committing a vegetation clearing offence; or

(e)the entry is under section 30A or is authorised by a warrant.

(2)For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

(3)Subsection (1)(c) does not apply to a part of a place where a person resides.

30A   Power to enter place on reasonable belief of vegetation clearing offence

(1)This section applies if an authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at a place.

(2)The authorised officer may enter and re-enter the place without the occupier’s consent or a warrant to investigate whether a vegetation clearing offence is happening, or has happened, at the place.

(3)The authorised officer may exercise powers under subsection (2), at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.

(4)However, before first entering the place, the authorised officer must give at least 24 hours written notice of the proposed entry to an occupier of the place.

(5)Notice of the proposed entry must include the following information—

(a)that the authorised officer believes on reasonable grounds that a vegetation clearing offence is happening, or has happened, at the place;

(b)the reasons for the authorised officer’s belief;

(c)that the authorised officer intends to enter the place and may re-enter the place;

(d)the purpose of the proposed entry;

(e)the dates and times of entry and re-entry.

(6)In exercising a power under this section, an authorised officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable in the circumstances.

(7)This section does not apply to a part of a place where a person resides.

Subdivision 3 Procedure for entry

31   Entry with consent

(1)This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 30(1)(a).

(2)Before asking for the consent, the authorised officer must tell the occupier—

(a)the purpose of the entry; and

(b)that the occupier is not required to consent.

(3)If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must state—

(a)the occupier has been told—

(i)the purpose of the entry; and

(ii)that the occupier is not required to consent; and

(b)the purpose of the entry; and

(c)the occupier gives the authorised officer consent to enter the place and exercise powers under this division; and

(d)the time and date the consent was given.

(5)If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.

(6)A court must find the occupier of a place did not consent to an authorised officer entering the place under this division if—

(a)an issue arises in a proceeding before the court whether the occupier of the place consented to the entry under section 30(1)(a); and

(b)an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and

(c)it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.

32   Application for warrant

(1)An authorised officer may apply to a magistrate for a warrant for a place.

(2)The application must be sworn and state the grounds on which the warrant is sought.

(3)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

33   Issue of warrant

(1)The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

(a)there is a particular thing or activity (the evidence) that may provide evidence of a vegetation clearing offence; and

(b)the evidence is at the place, or, within the next 7 days, may be at the place.

(2)The warrant must state—

(a)that any authorised officer or stated authorised officer may, with necessary and reasonable help and force—

(i)enter the place and any other place necessary for the entry; and

(ii)exercise the authorised officer’s powers under this division; and

(b)the offence for which the warrant is sought; and

(c)the evidence that may be seized under the warrant; and

(d)the hours of the day or night when the place may be entered; and

(e)the date, within 14 days after the warrant’s issue, the warrant ends.

(3)The warrant may, as well as authorising entry of the place, authorise re-entry by stating it on the warrant.

(4)A provision of this part applying to entry authorised under a warrant is taken also to apply to any re-entry authorised under the warrant.

34   Special warrants

(1)An authorised officer may apply for a warrant (a special warrant) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the authorised officer’s remote location.

(2)Before applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.

(3)The authorised officer may apply for the special warrant before the application is sworn.

(4)After issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant) to the authorised officer if it is reasonably practicable to fax the copy.

(5)If it is not reasonably practicable to fax a copy to the authorised officer—

(a)the magistrate must tell the authorised officer—

(i)what the terms of the special warrant are; and

(ii)the date and time the special warrant is issued; and

(b)the authorised officer must complete a form of warrant (a warrant form) and write on it—

(i)the magistrate’s name; and

(ii)the date and time the magistrate issued the special warrant; and

(iii)the terms of the special warrant.

(6)The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the special warrant issued.

(7)The authorised officer must, at the first reasonable opportunity, send to the magistrate—

(a)the sworn application; and

(b)if the authorised officer completed a warrant form—the completed warrant form.

(8)On receiving the documents, the magistrate must attach them to the special warrant.

(9)A court must find the exercise of the power by an authorised officer was not authorised by a special warrant if—

(a)an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1); and

(b)the special warrant is not produced in evidence; and

(c)it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the special warrant.

35   Warrants—procedure before entry

(1)This section applies if an authorised officer is intending to enter a place under a warrant issued under this division.

(2)Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card or a copy of another document evidencing the authorised officer’s appointment;

(b)give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 34(6), a copy of the facsimile warrant or warrant form;

(c)tell the person the authorised officer is permitted by the warrant to enter the place;

(d)give the person an opportunity to allow the authorised officer immediate entry to the place without using force.

(3)However, the authorised officer need not comply with subsection (2) if the authorised officer reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.

(4)If there is no person present at the place who is an occupier of the place, or it is vacant land, it is sufficient compliance with subsection (2) for the officer, before entering the place, to do or make a reasonable attempt to do the following things—

(a)contact an owner or occupier of the place;

(b)tell the owner or occupier the authorised officer is permitted by the warrant to enter the place;

(c)give the owner or occupier an opportunity to allow the authorised officer immediate entry to the place without using force.

Subdivision 4 Powers after entering a place

36   General powers after entering places

(1)This section applies to an authorised officer who enters a place.

(2)However, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.

(3)For monitoring or enforcing compliance with this Act or a vegetation clearing provision, the authorised officer may, subject to subsection (5)—

(a)search any part of the place; or

(b)inspect, measure, test, photograph or film any part of the place or anything at the place; or

(c)take a thing, or a sample of or from a thing, at the place for analysis or testing; or

(d)copy a document at the place; or

(e)take into or onto the place any person, equipment and materials the authorised officer reasonably requires for the exercise of a power under this division; or

(f)require an occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e); or

(g)require an occupier of a place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether the Act or a vegetation clearing provision is being complied with.

(4)When making a requirement mentioned in subsection (3)(f) or (g), the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(5)If the authorised officer enters the place under section 30(1)(d) for the purpose of giving an occupier a stop work notice, the authorised officer may only—

(a)give the occupier the stop work notice; and

(b)take into or onto the place any person the authorised officer reasonably requires for giving the notice.

37   Failure to help authorised officer

(1)A person required to give reasonable help under section 36(3)(f) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)If the requirement is to be complied with by an individual giving information, or producing a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement may tend to incriminate the individual.

38   Failure to give information

(1)A person of whom a requirement is made under section 36(3)(g) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement may tend to incriminate the individual.

Subdivision 5 Power to seize evidence

39   Seizing evidence

(1)This section applies if, under this division, an authorised officer enters a place after obtaining the consent of an occupier or under section 30A or a warrant.

(2)If the authorised officer enters the place with the occupier’s consent or under section 30A, the authorised officer may seize a thing at the place if—

(a)the authorised officer reasonably believes the thing is evidence of a vegetation clearing offence; and

(b)either—

(i)if the authorised officer entered the place with the occupier’s consent—seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier’s consent; or

(ii)if the authorised officer entered the place under section 30A—seizure of the thing is consistent with the purpose of the proposed entry stated in the written notice of entry given to the occupier under that section.

(3)If the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued.

(4)The authorised officer may seize anything else at the place if the authorised officer reasonably believes—

(a)the thing is evidence of a vegetation clearing offence; and

(b)the seizure is necessary to prevent the thing being—

(i)hidden, lost or destroyed; or

(ii)used to continue, or repeat, the offence.

(5)Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing a vegetation clearing offence.

40   Securing seized things

Having seized a thing, an authorised officer may—

(a)move the thing from the place where it was seized (the place of seizure); or

(b)leave the thing at the place of seizure but take reasonable action to restrict access to it; or

Examples of restricting access to a thing—

1sealing a thing and marking it to show access to it is restricted

2sealing the entrance to a place where the thing is situated and marking it to show access to it is restricted

(c)if the thing is equipment—make it inoperable.

Example of making equipment inoperable—

dismantling equipment or removing a component of equipment without which the equipment is not capable of being used

41   Tampering with seized things

(1)If an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised officer’s approval.

Maximum penalty—100 penalty units.

(2)If an authorised officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without an authorised officer’s approval.

Maximum penalty—100 penalty units.

42   Powers to support seizure

(1)To enable a thing to be seized, an authorised officer may require the person in control of it—

(a)to take it to a stated reasonable place by a stated reasonable time; and

(b)if necessary, to remain in control of it at the stated place for a stated reasonable period.

(2)The requirement—

(a)must be made by notice in the approved form; or

(b)if for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.

(3)A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.

(4)A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty for subsection (4)—50 penalty units.

43   Receipts for seized things

(1)As soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.

(2)However, if for any reason it is not practicable to comply with subsection (1), the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.

(3)The receipt must describe generally each thing seized and its condition.

(4)This section does not apply to a thing if it is impracticable, or would be unreasonable, to give the receipt, having regard to the thing’s nature, condition and value.

44   Forfeiture by authorised officer

(1)A thing that has been seized under this subdivision is forfeited to the State if the authorised officer who seized the thing—

(a)can not find its owner, after making reasonable inquiries; or

(b)can not return it to its owner, after making reasonable efforts.

(2)In applying subsection (1)—

(a)subsection (1)(a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and

(b)subsection (1)(b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.

Example for paragraph (b)—

the owner of the thing has migrated to another country

(3)Regard must be had to a thing’s nature, condition and value in deciding—

(a)whether it is reasonable to make inquiries or efforts; and

(b)if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.

45   Forfeiture on conviction

(1)On conviction of a person for a vegetation clearing offence, the court may order the forfeiture to the State of anything owned by the person and seized under this subdivision.

(2)The court may make any order to enforce the forfeiture it considers appropriate.

(3)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

46   Dealing with forfeited things

(1)On forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.

(2)Without limiting subsection (1), the chief executive may destroy or dispose of the thing.

47   Return of seized things

(1)If a seized thing is not forfeited, the authorised officer must return it to its owner—

(a)at the end of 6 months; or

(b)if a proceeding for a vegetation clearing offence involving the thing is started within 6 months—at the end of the proceeding and any appeal from the proceeding.

(2)Despite subsection (1), unless the thing is forfeited, the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied—

(a)its continued retention as evidence is necessary; or

(b)its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.

48   Access to seized things

(1)Until a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.

(2)Subsection (1) does not apply if it is impracticable, or would be unreasonable, to allow the inspection or copying.

Subdivision 6 Power to obtain information

49   Power to require name and address

(1)This section applies if an authorised officer—

(a)finds a person committing a vegetation clearing offence; or

(b)finds a person in circumstances that lead the authorised officer reasonably to suspect the person has just committed a vegetation clearing offence; or

(c)has information that leads the authorised officer reasonably to suspect a person has just committed a vegetation clearing offence.

(2)The authorised officer may require the person to state the person’s name and residential address.

(3)When making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.

(4)The authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the authorised officer reasonably suspects the stated name or address to be false.

50   Failure to give name or address

(1)A person of whom a requirement is made under section 49 must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)A person does not commit an offence against subsection (1) if—

(a)the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed a vegetation clearing offence; and

(b)the person is not proved to have committed the offence.

51   Power to require information

(1)This section applies if an authorised officer reasonably believes—

(a)a vegetation clearing offence has been committed; and

(b)a person may be able to give information about the offence.

(2)The authorised officer may, by notice given to the person, require the person to give information about the offence to the authorised officer at a stated reasonable place and at a stated reasonable time.

(3)The person must comply with a requirement under subsection (2), unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)It is a reasonable excuse for an individual not to comply if doing so might tend to incriminate the individual or expose the individual to a penalty.

(5)If a person is convicted of an offence against subsection (3), the court may, as well as imposing a penalty for the offence, order the person to comply with the requirement.

52   Power to require production of documents

(1)An authorised officer may require a person to make available for inspection by an authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer, a document relating to the clearing of vegetation.

(2)The authorised officer may keep the document to copy it.

(3)If the authorised officer copies a document mentioned in subsection (1), or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.

(4)The Queensland Environmental Offsets Policy prescribed under the Environmental Offsets Act 2014, section 12(1) applies as if—

(a)section 4.3.6 of the policy provided for a multiplier of 4 for essential habitat for near threatened wildlife; and

(b)table one, in section 4.3.13.2 of the policy applies to near threatened wildlife.

(5)Subsection (4) applies until the day the provision mentioned in the subsection is amended to provide for its application to near threatened wildlife.

(6)A reference in the Environmental Offsets Regulation 2014, schedule 2 to the essential habitat map is taken to include a reference to the map mentioned in section 141.

144   Transitional provision for ss 20AH, 20AI and 20CA

(1)For deciding to show category B areas or category C areas on the regulated vegetation management map under this Act, sections 20AH(c) and 20AI(a) are taken to include a reference to thinning.

(2)For making a relevant area a category X area on a PMAV under this Act, section 20CA(2)(c) is taken to include a reference to thinning.

(3)In this section—

thinning has the meaning given by this Act immediately before the date of assent.

Division 14 Validation provisions for particular matters

145   Definition for part

In this part—

amended extractive industry definition means the schedule, definition extractive industry, as in force immediately after the commencement.

146   Validation of particular decisions under s 22A

(1)This section applies in relation to a decision of the chief executive under section 22A made on or after 21 May 2004 but before the commencement.

(2)The decision is, and is taken to have always been, as valid as it would have been if, at the time the decision was made—

(a)a reference to built infrastructure in section 22A or the schedule included a reference to a building, or other structure, built or used for any purpose; and

(b)a reference to extractive industry in section 22A had the meaning given by the amended extractive industry definition.

(3)Anything done as a result of the decision is, and is taken to have always been, as valid and lawful as it would have been if, at the time the decision was made—

(a)a reference to built infrastructure in section 22A or the schedule included a reference to a building, or other structure, built or used for any purpose; and

(b)a reference to extractive industry in section 22A had the meaning given by the amended extractive industry definition.

147   Validation of use of particular forest products

(1)This section applies in relation to a forest product cleared on or after 21 May 2004 but before the commencement.

(2)The use of the forest product is, and is taken to have always been, as valid and lawful as it would have been if, at the time the product was used, a reference to infrastructure in section 70A(5) included a reference to a building, or other structure, built or used for any purpose.

148   Validation of accepted development vegetation clearing code and particular activities

(1)This section applies in relation to an accepted development vegetation clearing code made before the commencement.

(2)The making of the code is, and is taken to have always been, as valid as it would have been if, at the time the code was made—

(a)a reference to built infrastructure in the schedule, definition relevant infrastructure activities included a reference to a building, or other structure, built or used for any purpose; and

(b)a reference to extractive industry in section 19O had the meaning given by the amended extractive industry definition.

(3)Activity to which the code applied or applies is, and is taken to have always been, as valid and lawful as it would have been if, at the time the code was made—

(a)a reference to built infrastructure in the schedule, definition relevant infrastructure activities included a reference to a building, or other structure, built or used for any purpose; and

(b)a reference to extractive industry in section 19O had the meaning given by the amended extractive industry definition.

Division 15 Transitional provisions for Land and Other Legislation Amendment Act 2023

149   References to Queensland Herbarium Regional Ecosystem Description Database in particular instruments

(1)This section applies to a reference to the Queensland Herbarium Regional Ecosystem Description Database in a VM instrument as in effect on the commencement.

(2)If the context permits, the reference is taken to be a reference to the VM REDD.

(3)This section stops applying to a VM instrument when the instrument is first amended or replaced after the commencement.

(4)In this section—

VM instrument means—

(a)the State policy; or

(b)an accepted development vegetation clearing code; or

(c)an area management plan; or

(d)State Code 16: Native vegetation clearing of the State development assessment provisions under the Planning Act.

150   Application of Act if no VM REDD or no former VM REDD

(1)Until a database takes effect as the VM REDD under this Act, the former provisions apply as if the Land and Other Legislation Amendment Act 2023, part 11 had not been enacted.

(2)Subsection (3) applies if—

(a)a database certified under section 22J stops having effect as the VM REDD under this Act; and

(b)there is no database that was the VM REDD before the certification.

(3)The former provisions apply, as if the Land and Other Legislation Amendment Act 2023, part 11 had not been enacted, until another database takes effect as the VM REDD under this Act.

(4)In this section—

former provisions means the following provisions as in force immediately before the commencement—

(a)section 8(b);

(b)sections 22LA, 22LB and 22LC;

(c)

schedule, definitions encroachment, grassland regional ecosystem and regional ecosystem number;

(d)a provision of a regulation made under a provision mentioned in paragraph (a), (b) or (c).

Part 7    [Expired]

Part 8    [Expired]

Part 9    [Expired]

Schedule Dictionary

section 5

accepted development see the Planning Act, section 44(4).

accepted development vegetation clearing code see section 19O(1) and (2).

accreditation notice ...

accredited existing planning document ...

applicable code ...

applicant ...

approved draft plan ...

approved form means a form approved by the chief executive under section 68D.

approved restoration plan means a restoration plan approved by the chief executive under part 3, division 1, subdivision 8.

area management clearing notification ...

area management plan see section 21.

area of high nature conservation value means an area declared to be an area of high nature conservation value under—

(a)a declaration made by the Governor in Council under section 17; or

(b)an interim declaration made by the Minister under section 18; or

(c)a declaration made by the chief executive under section 19F.

area of unlawfully cleared vegetation ...

area plan (chief executive) ...

area vulnerable to land degradation means an area declared to be an area vulnerable to land degradation under—

(a)a declaration made by the Governor in Council under section 17; or

(b)an interim declaration made by the Minister under section 18; or

(c)a declaration made by the chief executive under section 19F.

assessable development see the Planning Act, section 44(3).

assessment benchmarks see the Planning Act, section 43(1)(c).

assessment manager ...

ballot application period ...

bed and banks ...

biodiversity means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, and includes—

(a)diversity within species and between species; and

(b)diversity of ecosystems.

bioregion means a bioregion shown on map number V0001 held by the department.

broadscale application ...

built infrastructure includes a building, or other structure, built or used for any purpose.

category 1 area ...

category 2 area ...

category 3 area ...

category 4 area ...

category A area see section 20AL.

category B area see section 20AM.

category C area see section 20AN.

category R area see section 20ANA.

category X area see section 20AO.

centre of endemism means an area containing concentrations of species that are largely restricted to the area.

change application means a change application under the Planning Act.

clear, for vegetation—

(a)means remove, cut down, ringbark, push over, poison or destroy in any way including by burning, flooding or draining; but

(b)does not include destroying standing vegetation by stock, or lopping a tree.

clearing allocation ...

clearing area ...

clearing assessment benchmarks ...

clearing notification ...

clearing offence means an offence under the Forestry Act 1959, the Nature Conservation Act or the Environmental Protection Act 1994.

commercial timber includes timber of a species prescribed under a regulation for section 70A(3).

compliance notice ...

concurrence agency ...

concurrence agency application ...

concurrence agency policy ...

contaminant includes a gas, liquid, solid or energy source, including radioactivity and electromagnetic radiation.

criminal history, of a person, means the convictions, including spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this Act.

crops ...

currency period ...

CYPH Act means the Cape York Peninsula Heritage Act 2007.

decision, for part 4, division 4, see section 68CA.

declared area means an area declared under section 17, 18 or 19F.

declared area code ...

declared pest means a plant or an animal, other than a native species of plant or animal, that is—

(a)invasive biosecurity matter under the Biosecurity Act 2014; or

Notes—

1See the Biosecurity Act 2014, schedule 1, part 3 or 4 or schedule 2, part 2.

2See also the note to the Biosecurity Act 2014, schedules 1 and 2.

(b)controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014.

deemed refusal means a deemed refusal as defined under the Planning Act.

destroy ...

development means development as defined under the Planning Act.

development application means a development application under the Planning Act.

development approval means a development approval under the Planning Act for a vegetation clearing application.

development plan ...

document certification requirement see section 52(5) and (6).

downstream limit, of a watercourse, see the Water Act 2000, schedule 4.

draft plan ...

drainage feature see the Water Act 2000, schedule 4.

encroachment means a woody species that has invaded an area of a grassland regional ecosystem, identified in the VM REDD as having a woody grassland structure, to an extent the area is no longer consistent with the description of the regional ecosystem.

endangered regional ecosystem means a regional ecosystem declared to be an endangered regional ecosystem under section 22LA.

enforceable undertaking see section 68CC(1).

equipment includes machinery.

essential habitat, for protected wildlife, see section 20AC(2).

essential habitat map see section 20AC(1).

essential regrowth habitat ...

exchange area means an area of vegetation that must be protected in the way provided under an accepted development vegetation clearing code in exchange for clearing vegetation under the code.

exempt development ...

existing planning document ...

extractive industry—

(a)means 1 or more of the following—

(i)dredging material from the bed of any waters;

(ii)extracting, from a pit or quarry, rock, sand, clay, gravel, loam or other material;

(iii)screening, washing, grinding, milling, sizing or separating material extracted from a pit or quarry; and

(b)includes carrying out work that is the natural and ordinary consequence of carrying out the work mentioned in paragraph (a).

Example—

constructing roads, buildings and other structures

FA chief executive means the chief executive of the department that administers the Forestry Act 1959.

fodder harvesting—

1

Fodder harvesting is the clearing of vegetation, predominantly consisting of fodder species—

(a)necessary to provide fodder for stock; and

(b)carried out in a way that—

(i)conserves the vegetation in perpetuity; and

(ii)conserves the regional ecosystem in which the vegetation is situated; and

(iii)results in the woody biomass of the cleared vegetation remaining where it is cleared.

2For paragraph 1, fodder species are any of the following—

(a)Acacia aneura;

(b)Acacia brachystachya;

(c)Acacia excelsa;

(d)Acacia pendula;

(e)Acacia sibirica;

(f)Alphitonia excelsa;

(g)Flindersia maculosa;

(h)Geijera parviflora.

forest practice—

1

Forest practice means planting trees, or managing, felling and removing standing trees, on freehold land or indigenous land on which the State does not own the trees, for an ongoing forestry business in a—

(a)plantation; or

(b)native forest if, in the native forest, all the activities are conducted in a way that—

(i)ensures restoration of a similar type, and to the extent, of the removed trees; and

(ii)ensures trees are only felled for the purpose of being sawn into timber or processed into another value-added product (other than woodchips for an export market); and

(iii)does not cause land degradation; and

(iv)is consistent with the accepted development vegetation clearing code for native forest practice.

2The term includes carrying out limited associated work, including, for example, drainage, construction and maintenance of roads or vehicular tracks, and other necessary engineering works.

3The term does not include clearing vegetation for the initial establishment of a plantation.

freeholding lease ...

freehold land includes land in a freeholding lease under the Land Act 1994.

grassland regional ecosystem means a regional ecosystem identified in the VM REDD as a grassland regional ecosystem.

high risk species ...

high value agriculture clearing ...

high value regrowth vegetation means vegetation located—

(a)on freehold land, indigenous land, or land subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes or an occupation licence under that Act; and

(b)in an area that has not been cleared (other than for relevant clearing activities) for at least 15 years, if the area is—

(i)an endangered regional ecosystem; or

(ii)an of concern regional ecosystem; or

(iii)a least concern regional ecosystem.

IDAS ...

identifying number ...

indigenous community use area see the CYPH Act, schedule.

indigenous land means, for regulating the clearing of vegetation, land held under a following Act by, or on behalf of or for the benefit of, Aboriginal or Torres Strait Islander inhabitants or purposes—

(a)the Aboriginal Land Act 1991;

(b)the Torres Strait Islander Land Act 1991;

(c)the Land Act 1994.

information notice, about a decision, means a notice stating each of the following—

(a)the decision, and the reasons for it;

(b)the rights of review under this Act;

(c)the period in which any review under this Act must be started;

(d)how rights of review under this Act are to be exercised.

information request ...

irrigated high value agriculture clearing ...

lake see the Water Act 2000.

Land Act notice means a compliance notice given for a tree clearing offence under the Land Act 1994 as in force immediately before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004, section 3.

Land Act tenure means any of the following—

(a)unallocated State land;

(b)a road;

(c)an area subject to a lease under the Land Act 1994.

land degradation includes the following—

(a)soil erosion;

(b)rising water tables;

(c)the expression of salinity;

(d)mass movement by gravity of soil or rock;

(e)stream bank instability;

(f)a process that results in declining water quality.

least concern regional ecosystem means a regional ecosystem declared to be a least concern regional ecosystem under section 22LC.

lopping, a tree, means cutting or pruning its branches, but does not include—

(a)removing its trunk; and

(b)cutting or pruning its branches so severely that it is likely to die.

managing thickened vegetation means the selective clearing of vegetation at a locality that does not include clearing using a chain or cable linked between 2 tractors, bulldozers or other traction vehicles—

(a)to restore a regional ecosystem to the floristic composition and range of densities typical of the regional ecosystem in the bioregion in which it is located; and

(b)to maintain ecological processes and prevent loss of biodiversity.

mandatory condition ...

material change of use ...

minor change application means a change application for a minor change to a development approval, as defined in the Planning Act.

moratorium exemption means an exemption under the repealed Moratorium Act.

native forest practice means a forest practice other than—

(a)a forest practice in a plantation; or

(b)the harvesting, on freehold land, of sandalwood.

native forest practice code ...

Nature Conservation Act means the Nature Conservation Act 1992.

necessary environmental clearing means clearing of vegetation that is necessary to—

(a)restore the ecological and environmental condition of land; or

Example—

stabilising banks of watercourses, works to rehabilitate eroded areas, works to prevent erosion of land or for ecological fire management

(b)divert existing natural channels in a way that replicates the existing form of the natural channels; or

(c)prepare for the likelihood of a natural disaster; or

Example—

removal of silt to mitigate flooding

(d)remove contaminants from land.

not of concern regional ecosystem ...

occupier, of land, means—

(a)the person in actual occupation of the land or, if there is no person in actual occupation, the person entitled to possession of the land; and

(b)if there is more than 1 occupier of the land—any of the occupiers.

of concern regional ecosystem means a regional ecosystem declared to be an of concern regional ecosystem under section 22LB.

official means—

(a)the chief executive; or

(b)an authorised officer.

offset ...

offset area means a legally secured offset area under the Environmental Offsets Act 2014.

offsets policy ...

ongoing application ...

original decision see section 63A(1)(a).

owner, of land, includes the following—

(a)for freehold land—the registered owner;

(b)for a lease, licence or permit under the Land Act 1994—the lessee, licensee or permittee;

(c)for indigenous land—the holder of the title to the land;

(d)for any tenure under any other Act—the holder of the tenure.

plan area, for part 2, division 5B, see section 21.

Planning Act means the Planning Act 2016.

planning chief executive means the chief executive of the department in which the Planning Act is administered.

plan period ...

plantation forestry means the planting and cultivation of timber for commercial purposes.

PMAV see section 20AK.

PMAV application, for part 4, division 4, see section 68CA.

pre-clearing extent, of a regional ecosystem, means the extent of the regional ecosystem before it was cleared.

primary producer, for part 2, division 4C, see section 19Y.

primary production business, for part 2, division 4C, see section 19Y.

primary production entity, for part 2, division 4C, see section 19Y.

property map of assessable vegetation see section 20AK.

property vegetation management plan ...

proponent, for part 2, division 4, subdivision 2, see section 19E(1).

proposed area ...

protected wildlife means native wildlife prescribed under the Nature Conservation Act as critically endangered wildlife, endangered wildlife, vulnerable wildlife or near threatened wildlife.

public place means a place the public is entitled to use, open to the public or used by the public, whether or not on payment of an amount.

Queensland Herbarium Regional Ecosystem Description Database means the Regional Ecosystem Description Database maintained by the Queensland Herbarium that contains numbers, descriptions, classes and biodiversity status of regional ecosystems.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

reconfiguring a lot ...

referral agency, for a development application, see the Planning Act, section 54(2).

referral agency’s response ...

referral matter ...

regional ecosystem means a vegetation community in a bioregion that is consistently associated with a particular combination of geology, landform and soil.

Editor’s note—

The Queensland Herbarium publishes a map of the regional ecosystems in Queensland and the map is available on the department’s website.

regional ecosystem map ...

regional ecosystem number, for a regional ecosystem, means the regional ecosystem number established under the VM REDD for the regional ecosystem.

regional vegetation management code ...

regional vegetation management plan ...

registered area of agriculture map ...

regrowth clearing authorisation ...

regrowth vegetation means vegetation that is not remnant vegetation.

regrowth vegetation code ...

regrowth vegetation map ...

regrowth watercourse and drainage feature area means an area located within 50m of a watercourse or drainage feature located in the Burdekin, Burnett-Mary, Eastern Cape York, Fitzroy, Mackay Whitsunday or Wet Tropics catchments represented on the vegetation management watercourse and drainage feature map.

regrowth watercourse area ...

regulate includes prohibit.

regulated regrowth vegetation is vegetation contained in a category C or category R area.

regulated vegetation management map see section 20A.

relevant clearing activities means—

(a)fodder harvesting; or

(b)managing thickened vegetation; or

(c)clearing of encroachment; or

(d)controlling non-native plants or declared pests; or

(e)necessary environmental clearing; or

(f)managing, felling and removing trees for an ongoing forestry business.

relevant entity ...

relevant infrastructure activities means—

(a)establishing and maintaining a necessary fence, firebreak, road, or vehicular track; or

(b)constructing and maintaining necessary built infrastructure.

relevant PMAV application, for part 4, division 4, see section 68CA.

relevant vegetation map ...

remnant endangered regional ecosystem ...

remnant map ...

remnant not of concern regional ecosystem ...

remnant of concern regional ecosystem ...

remnant vegetation means vegetation—

(a)that is—

(i)an endangered regional ecosystem; or

(ii)an of concern regional ecosystem; or

(iii)a least concern regional ecosystem; and

(b)forming the predominant canopy of the vegetation—

(i)covering more than 50% of the undisturbed predominant canopy; and

(ii)averaging more than 70% of the vegetation’s undisturbed height; and

(iii)composed of species characteristic of the vegetation’s undisturbed predominant canopy.

repealed Moratorium Act means the Vegetation Management (Regrowth Clearing Moratorium) Act 2009.

restoration notice see section 54B(2).

restoration plan see section 55AA(b).

restricted (fodder harvesting) land, for part 2, division 5B, see section 21A.

review decision see section 63A(1)(b).

road see the Transport Infrastructure Act 1994, schedule 6.

sandalwood means a plant of the species Santalum lanceolatum.

self-assessable vegetation clearing code ...

special clearing code ...

spent conviction ...

State land means all land (including roads and reserves), other than—

(a)freehold land or land contracted to be granted in fee simple by the State; or

(b)indigenous land on which the State does not own the trees.

State policy means the policy approved under section 10(3).

stop work notice see section 54A(2).

thinning ...

trespass notice means a trespass notice under the Land Act 1994, section 406.

undisturbed height, for vegetation, means the height to which the vegetation normally grows.

undisturbed predominant canopy, for vegetation, means the predominant canopy the vegetation normally has.

unlawfully cleared means cleared of vegetation by a person in contravention of—

(a)a vegetation clearing provision, or the repealed Sustainable Planning Act 2009, section 578(1), 580(1), 581(1), 582 or 594(1) if the person—

(i)has not contested an infringement notice given for the contravention; or

(ii)has been convicted of the contravention, whether or not the conviction is recorded; or

(b)a tree clearing provision under the Land Act 1994, as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004, section 3.

vegetation see section 8.

vegetation category area see section 20AKA.

vegetation clearing application means—

(a)a development application for development that involves the clearing of vegetation and is categorised as assessable development under a regulation made under the Planning Act; or

(b)a change application, other than a minor change application, to change a development approval, as defined in that Act, to approve development mentioned in paragraph (a), if the development approval does not already approve that development.

vegetation clearing offence means an offence against a vegetation clearing provision.

vegetation clearing provision means any of the following to the extent the provision relates to the clearing of vegetation—

(a)the Planning Act, section 162, 163(1), 164, 165 or 168(5);

(b)for the clearing of vegetation that happened before the repeal of the Sustainable Planning Act 2009—section 578(1), 580(1), 581(1), 582 or 594(1) of that Act.

vegetation management see section 9.

vegetation management map means—

(a)the essential habitat map; or

(b)the regulated vegetation management map; or

(c)the vegetation management watercourse and drainage feature map; or

(d)the vegetation management wetlands map; or

(e)a PMAV.

vegetation management offset ...

Vegetation Management Regional Ecosystem Description Database see section 22I.

vegetation management watercourse and drainage feature map see section 20AB.

vegetation management watercourse map ...

vegetation management wetlands map see section 20AA.

VM REDD see section 22I.

watercourse has the meaning given by the Water Act 2000, section 5, but a reference to a watercourse in this Act includes a reference to anywhere that is downstream of the downstream limit of the watercourse.

Note for definition watercourse—

For the purposes of this Act, the length of a watercourse is not limited by any downstream limit applying to it under the Water Act 2000.

wetland means an area of land that supports plants or is associated with plants that are adapted to and dependent on living in wet conditions for at least part of their life cycle.

wildlife refugium means an area that is a sanctuary to which a species or group of species has retreated, or been confined, in response to threatening processes, including a climatic change.

wild river area ...

wild river declaration ...

wild river high preservation area ...