Vegetation Management and Other Legislation Amendment Act 2009 (Qld)

Queensland Vegetation Management and Other Legislation Amendment Act 2009 Act No. 43 of 2009

Queensland Vegetation Management and Other Legislation Amendment Act 2009 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of Vegetation Management Act 1999 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 3 (Purpose of Act) . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 10 (State policy for vegetation management) . . 11 Insertion of new pt 2, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 2A Other policies for vegetation management Subdivision 1 Concurrence agency policies 10A Types of concurrence agency policies . . . . . . . . . . . . 12 10B Content of concurrence agency policy . . . . . . . . . . . . 13 Subdivision 2 Offsets policy 10C What is the offsets policy . . . . . . . . . . . . . . . . . . . . . . 13 10D Content of offsets policy . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 11 (Minister must approve regional vegetation management codes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 12 (Preparing codes). . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 13 (Minister must consider all properly made submissions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Replacement of s 14 (Publication of codes) . . . . . . . . . . . . . . . . . 16 14 When regional vegetation management code takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 15 (Minor or stated amendments of regional vegetation management code) . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 17 (Making declaration). . . . . . . . . . . . . . . . . . . 17

Vegetation Management and Other Legislation Amendment Act 2009 Contents 13 14 15 16 Page 2 Amendment of s 19B (Approving amendment of declared area code) .......................................... Omission of s 19M (Information to be available for inspection) . . Insertion of new pt 2, divs 4B and 4C. . . . . . . . . . . . . . . . . . . . . . Division 4B Other codes for vegetation management Subdivision 1 Conducting a native forest practice 19O Native forest practice code . . . . . . . . . . . . . . . . . . . . . 19P Content of native forest practice code . . . . . . . . . . . . 19Q Offence to conduct native forest practice without giving notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19R Offence to conduct particular native forest practice other than under native forest practice code . . . . . . . Subdivision 2 Clearing regulated regrowth vegetation under the regrowth vegetation code 19S Making regrowth vegetation code. . . . . . . . . . . . . . . . 19T When regrowth vegetation code takes effect . . . . . . . 19U Requirement and process for giving notice of clearing regulated regrowth vegetation . . . . . . . . . . . 19V Offence to clear regulated regrowth vegetation under regrowth vegetation code without clearing notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19W Offence to clear regulated regrowth vegetation other than under regrowth vegetation code . . . . . . . . . . . . . 19X Register of clearing notifications . . . . . . . . . . . . . . . . Division 4C Authorisation to clear regulated regrowth vegetation other than under regrowth vegetation code 19Y Definitions for div 4C . . . . . . . . . . . . . . . . . . . . . . . . . 19Z Application of div 4C. . . . . . . . . . . . . . . . . . . . . . . . . . 19ZA Applying for authorisation. . . . . . . . . . . . . . . . . . . . . . 19ZB Chief executive to consider application . . . . . . . . . . . 19ZC Criteria for granting the application . . . . . . . . . . . . . . 19ZD Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 19ZE Expiry of regrowth clearing authorisation on transfer of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19ZF Clearing regulated regrowth vegetation under authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19ZG Register of regrowth clearing authorisations . . . . . . . Replacement of s 20A (Forest practice codes) . . . . . . . . . . . . . . Division 5AA Vegetation management maps 17 18 18 18 18 19 19 19 20 20 22 22 22 23 24 24 25 25 26 26 26 27 27 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Contents 20A What is the regional ecosystem map . . . . . . . . . . . . . 27 20AA What is the remnant map . . . . . . . . . . . . . . . . . . . . . . 28 20AB What is the regrowth vegetation map . . . . . . . . . . . . . 28 20AC What is the essential habitat map . . . . . . . . . . . . . . . 29 20AD What is a registered area of agriculture map . . . . . . . 30 20AE Certifying vegetation management map. . . . . . . . . . . 30 20AF Amending vegetation management map . . . . . . . . . . 31 20AG When vegetation management map takes effect . . . . 31 20AH Deciding to show particular areas as remnant vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 20AI Deciding to show particular areas as high value regrowth vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . 32 20AJ Application to make PMAV before amending particular vegetation management maps . . . . . . . . . . 33 17 Insertion of new ss 20AK–20AO . . . . . . . . . . . . . . . . . . . . . . . . . 34 20AK What is a property map of assessable vegetation (or PMAV) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 20AL What is a category A area . . . . . . . . . . . . . . . . . . . . . 35 20AM What is a category B area . . . . . . . . . . . . . . . . . . . . . 35 20AN What is a category C area . . . . . . . . . . . . . . . . . . . . . 36 20AO What is a category X area . . . . . . . . . . . . . . . . . . . . . 36 18 Replacement of s 20B (When chief executive may make property map of assessable vegetation) . . . . . . . . . . . . . . . . . . . 36 20B When chief executive may make PMAV . . . . . . . . . . . 36 20BA Chief executive may make decision about category A area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 19 Amendment of s 20C (When owner may apply for property map of assessable vegetation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 20 Insertion of new s 20CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 20CA Process before making PMAV . . . . . . . . . . . . . . . . . . 39 21 Amendment of s 20D (When maps may be replaced) . . . . . . . . . 41 22 Amendment of s 20E (When maps may be revoked) . . . . . . . . . . 42 23 Amendment of s 20F (Copies of maps to be available) . . . . . . . . 43 24 Insertion of new s 20H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 20H Inconsistency between PMAV and particular vegetation management maps . . . . . . . . . . . . . . . . . . 44 25 Replacement of pt 2, div 6, hdg (Modifying effect of PlanningAct) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 26 Amendment of s 22 (Declarations for the PlanningAct). . . . . . . . 44 2009 Act No. 43 Page 3

Vegetation Management and Other Legislation Amendment Act 2009 Contents 27 28 29 30 31 32 33 34 35 Page 4 Amendment of s 22A (Particular vegetation clearing applications may be assessed) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2, div 6, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Referral agency assessment and responses 22DA Requirement for property vegetation management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22DB Compliance with concurrence agency policy . . . . . . . 22DC Refusal of particular concurrence agency application 22DD Commercial timber on State land . . . . . . . . . . . . . . . . 22DE Development not for a relevant purpose under s 22A 22DF Clearing vegetation on adjoining lot for firebreaks and fire management lines . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6A Vegetation management offsets Subdivision 1 Preliminary 22DG What are vegetation management offsets (or offsets) and offset areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Imposing offsets 22DH Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 22DI Compliance with offsets policy . . . . . . . . . . . . . . . . . . 22DJ Criteria for decision about offset. . . . . . . . . . . . . . . . . 22DK When offset ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Register of offsets 22DL Chief executive must keep register of offsets . . . . . . . Amendment of s 30 (Power to enter places) . . . . . . . . . . . . . . . . Amendment of s 49 (Power to require name and address) . . . . . Insertion of new ss 54A–54C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54A Stop work notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54B Restoration notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 54C Contravention of stop work notices and restoration notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 55 (Compliance notice) . . . . . . . . . . . . . . . . . . . Amendment of s 55A (Record of compliance notice in land registry) ...................................... Insertion of new pt 3, div 1, sdiv 8 . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 8 Restoration plans 55AA Application of sdiv 8 . . . . . . . . . . . . . . . . . . . . . . . . . . 55AB Preparing restoration plan . . . . . . . . . . . . . . . . . . . . . 45 46 46 46 47 47 48 48 49 49 49 50 50 51 51 52 52 52 52 53 54 55 56 56 56 57 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Contents 55AC Approving restoration plan . . . . . . . . . . . . . . . . . . . . . 57 55AD Chief executive may amend approved restoration plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 55AE Steps after, and taking effect of, decision. . . . . . . . . . 59 55AF Failure to comply with restoration notice . . . . . . . . . . 60 36 Amendment of s 60B (Guide for deciding penalty for vegetation clearing offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 37 Amendment of pt 4, hdg (Appeals and legal proceedings) . . . . . 61 38 Replacement of pt 4, div 1 (Appeals) . . . . . . . . . . . . . . . . . . . . . . 61 Division 1 Internal reviews by chief executive 62 Internal review process before external review . . . . . 61 63 How to apply for internal review . . . . . . . . . . . . . . . . . 61 63A Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 1A External reviews by QCAT 63B Who may apply for external review. . . . . . . . . . . . . . . 62 39 Amendment of s 66A (Instruments, equipment and installations) 63 40 Amendment of s 66B (Certificate or report about remotely sensed image) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 41 Amendment of s 67 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 64 42 Amendment of s 68A (Particulars to be stated for complaint for vegetation clearing offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 43 Insertion of new pt 4, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Division 4 Restrictions on legal proceedings 68CA Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 68CB Non-application of Judicial Review Act 1991 . . . . . . . 65 68CC No appeals about relevant vegetation maps and particular PMAV applications . . . . . . . . . . . . . . . . . . . 66 43A Amendment of s 70A (Application of development approvals and exemptions for ForestryAct) . . . . . . . . . . . . . . . . . . . . . . . . . 66 44 Insertion of new ss 70AA and 70AB. . . . . . . . . . . . . . . . . . . . . . . 67 70AA Copies of vegetation management maps and PMAVs to be available for inspection and purchase. . 67 70AB Copies of documents to be available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 45 Amendment of s 70B (Record of development approvals and property maps of assessable vegetation in land registry) . . . . . . 69 46 Insertion of new s 70C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 70C Particular vegetation not natural resource owned by person as improvement on leasehold land. . . . . . . . . 70 2009 Act No. 43 Page 5

Vegetation Management and Other Legislation Amendment Act 2009 Contents 47 48 Page 6 Amendment of s 74 (Existing development control plans and special facilities zones). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 6, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2009 Subdivision 1 Preliminary 88 Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 References to unamended Act . . . . . . . . . . . . . . . . . . Subdivision 2 Transitional provisions for amendments of Vegetation Management Act 1999 90 Existing regional vegetation management codes approved by the Minister . . . . . . . . . . . . . . . . . . . . . . 91 Native forest practice code . . . . . . . . . . . . . . . . . . . . . 92 Existing regional ecosystems maps and remnant maps ................................. 93 Certifying vegetation management maps in retrospective period . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Changes to existing vegetation category areas . . . . . 95 When particular PMAVs may be revoked . . . . . . . . . . 96 Existing compliance notices . . . . . . . . . . . . . . . . . . . . 97 Tree clearing provisions under unamended Land Act 98 Existing development approvals and development applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 References to not of concern regional ecosystems . . 100 Clearing of regulated regrowth vegetation in retrospective period not an offence . . . . . . . . . . . . . . 101 Application of s 19Q . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Not giving notice in retrospective period not an offence .............................. 103 Delayed applications to QCAT . . . . . . . . . . . . . . . . . . 104 Amendment of VegetationManagementRegulation2000 ................................ Subdivision 3 Transitional provisions for repeal of Vegetation Management (Regrowth Clearing Moratorium) Act 2009 105 Existing applications for moratorium exemption . . . . . 106 Existing PMAV applications . . . . . . . . . . . . . . . . . . . . 107 Existing show cause notices and compliance notices 108 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 71 72 72 73 73 74 75 75 76 77 77 78 78 78 79 79 80 80 80 81 82 83 2009 Act No. 43

49 Part 3 50 51 52 Part 4 53 54 55 Part 5 56 57 Part 6 58 59 Part 7 60 61 Part 8 62 63 Schedule Vegetation Management and Other Legislation Amendment Act 2009 Contents Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Integrated Planning Act 1997 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 8 (Assessable development and self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Land Act 1994 Act amended in pt 4 and schedule . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 431NB (Application of pt 3B). . . . . . . . . . . . . . . Amendment of s 431NF (Limit on application of s 358 (Changing deeds of grant—change in description or boundary of land)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of LandTitleAct1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 191B (Application of pt 10A) . . . . . . . . . . . . . . . Amendment of QueenslandCivilandAdministrativeTribunal(JurisdictionProvisions)AmendmentAct2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of ch 6, pt 10 (Amendment of VegetationManagementAct1999) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of SustainablePlanningAct2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Laws amended in the schedule . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential and minor amendments . . . . . . . . . . . . . . . . . LandAct1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . StateDevelopmentandPublicWorksOrganisationAct1971 . . . VegetationManagementAct1999 . . . . . . . . . . . . . . . . . . . . . . . . VegetationManagementRegulation2000 . . . . . . . . . . . . . . . . . . 83 89 89 93 96 96 96 96 96 97 97 97 97 98 98 99 99 99 99 102 2009 Act No. 43 Page 7

Queensland Vegetation Management and Other Legislation Amendment Act 2009 Act No. 43 of 2009 An Act to amend for particular purposes the Land Act 1994, the Land TitleAct 1994 and the Vegetation Management Act 1999, to repeal the VegetationManagement (Regrowth Clearing Moratorium) Act 2009 and to make consequential and minor amendments to the Integrated Planning Act 1997, the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)Amendment Act 2009, the State Development and Public WorksOrganisation Act 1971 and the Sustainable Planning Act 2009 [Assented to 3 November 2009]

Vegetation Management and Other Legislation Amendment Act 2009 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Vegetation Management and Other Legislation Amendment Act 2009 . 2 Commencement This Act, other than the following provisions, is taken to have commenced on 8 October 2009— • sections 31, 39, 40(2) and (3) and 47 • parts 4 to 7 • schedule, amendment of the Land Act 1994 • schedule, amendment of the VegetationManagementAct 1999 , amendments 1, 2, 11 and 15. Part 2 Amendment of Vegetation Management Act 1999 3 Act amended in pt 2 and schedule This part and the schedule amend the Vegetation ManagementAct 1999. 4 Amendment of s 3 (Purpose of Act) (1) Section 3(1)(a)— omit, insert— Page 10 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 5] ‘(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’. (2) Section 3(2)— insert— ‘(f) the regulation of particular regrowth vegetation.’. 5 Amendment of s 10 (State policy for vegetation management) (1) Section 10(2), from ‘state’— omit, insert— ‘state— (a) outcomes for vegetation management and actions proposed to achieve the outcomes; and (b) special considerations for significant community projects.’. (2) Section 10(4) to (6)— omit. (3) Section 10(7)— renumber as section 10(4). (4) Section 10— insert — ‘(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 2009 Act No. 43 Page 11

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 6] 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’. 6 Insertion of new pt 2, div 2A Part 2— insert— ‘Division 2A Other policies for vegetation management ‘Subdivision 1 Concurrence agency policies ‘10A Types of concurrence agency policies ‘(1) The MCU policy is the document called ‘Concurrence Agency Policy for Material Change of Use (MCU)’ made by the chief executive on 23 August 2007, as amended or replaced from time to time under this section. ‘(2) The RaL policy is the document called ‘Concurrence Agency Policy for Reconfiguring a Lot (RaL)’ made by the chief executive on 23 August 2007, as amended or replaced from time to time under this section. ‘(3) Each of the MCU policy and the RaL policy is called a concurrence agency policy . ‘(4) The chief executive may amend or replace the document mentioned in subsection (1) or (2) or any amendment or replacement of it. ‘(5) However, the amendment or replacement does not take effect until it is approved under a regulation. Page 12 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 6] ‘(6) A reference to a concurrence agency policy is taken to include any amendment or replacement under subsection (4) that has taken effect. ‘10B Content of concurrence agency policy ‘(1) A concurrence agency policy may provide for any matter about assessing and responding as a concurrence agency to the part of a concurrence agency application giving rise to the referral that the chief executive considers is necessary or desirable for achieving the purpose of this Act. ‘(2) A concurrence agency policy may— (a) provide criteria for assessing the part of a concurrence agency application giving rise to the referral, including the clearing of native vegetation— (i) made assessable under the Planning Act; or (ii) that becomes exempt development under the Planning Act if the application is approved; or (b) state the circumstances in which the chief executive must in its referral agency’s response to a concurrence agency application tell the assessment manager to refuse the application. ‘(3) A concurrence agency policy must not be inconsistent with the State policy. ‘Subdivision 2 Offsets policy ‘10C What is the offsets policy ‘(1) The offsets policy is the document called ‘Policy for Vegetation Management Offsets’ made by the chief executive on 28 September 2007, as amended or replaced from time to time under this section. 2009 Act No. 43 Page 13

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 6] ‘(2) The chief executive may amend or replace the document mentioned in subsection (1) or any amendment or replacement of it. ‘(3) However, the amendment or replacement does not take effect until it is approved under a regulation. ‘(4) A reference to the offsets policy is taken to include any amendment or replacement under subsection (2) that has taken effect. ‘10D Content of offsets policy ‘(1) The offsets policy may provide for any matter about the requirements for an offset as a condition of a development approval that the chief executive considers is necessary or desirable for achieving the purpose of this Act. ‘(2) The offsets policy may— (a) set out the characteristics of a suitable offset area for the offset, including the following— (i) remnant status or current level of protection of the vegetation in the offset area; (ii) the location and size of the offset area; (iii) the ecological equivalence of the vegetation in the offset area to the vegetation in the area to be cleared; and (b) provide for on-going management and monitoring of the vegetation in the offset area; and (c) require reporting about the management and monitoring of the vegetation in the offset area; and (d) provide for a range of ways to legally secure an offset area; and Examples — • a covenant under the Land Title Act 1994 • a declaration under part 2, division 4 Page 14 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 7] (e) provide the circumstances when the chief executive may enter into an agreement with the applicant for the development approval or a third party to provide an offset area; and (f) provide the circumstances when the applicant for the development approval may provide an offset area and the period within which the offset area is provided. ‘(3) The offsets policy must not be inconsistent with the State policy. ‘(4) In this section— development approval means a development approval under the Planning Act for— (a) a concurrence agency application; or (b) a vegetation clearing application.’. 7 Amendment of s 11 (Minister must approve regional vegetation management codes) (1) Section 11, ‘approve’— omit, insert— ‘make’. (2) Section 11(2)— renumber as section 11(4). (3) Section 11— insert— ‘(2) A regional vegetation management code may provide for the protection of the habitat of native wildlife prescribed under the Nature Conservation Act as endangered, vulnerable, rare or near threatened wildlife ( protected wildlife ). ‘(3) For subsection (2), the code may refer to an essential habitat map for the area of habitat in which the protected wildlife is protected.’. 2009 Act No. 43 Page 15

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 8] 8 Amendment of s 12 (Preparing codes) Section 12, ‘approving’— omit, insert— ‘making’. 9 Amendment of s 13 (Minister must consider all properly made submissions) Section 13, ‘approving’— omit, insert— ‘making’. 10 Replacement of s 14 (Publication of codes) Section 14— omit, insert— ‘14 When regional vegetation management code takes effect ‘(1) A regional vegetation management code, or an amendment or replacement of a regional vegetation management code, does not take effect until it has been approved under a regulation. ‘(2) A reference to a regional vegetation management code is taken to include any amendment or replacement under subsection (1) that has taken effect.’. 11 Amendment of s 15 (Minor or stated amendments of regional vegetation management code) (1) Section 15, heading, ‘or stated’— omit, insert— ‘ , stated or permitted ’. (2) Section 15, ‘sections 11 to 14’— omit, insert— Page 16 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 12] ‘sections 12 and 13’. (3) Section 15— insert— ‘(c) the amendment is a permitted amendment of the code.’. (4) Section 15— insert— ‘(2) In this section— permitted amendment , of a regional vegetation management code, means an amendment of— (a) a provision of the code about a suggested way of achieving a required outcome under the code; or (b) a provision of the code to make it consistent with the State policy .’. 12 Amendment of s 17 (Making declaration) (1) Section 17(3) to (5)— omit. (2) Section 17(6)— renumber as section 17(3) . 13 Amendment of s 19B (Approving amendment of declared area code) (1) Section 19B(2) to (4)— omit. (2) Section 19B(5)— renumber as section 19B(2) . 2009 Act No. 43 Page 17

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 14] 14 Omission of s 19M (Information to be available for inspection) Section 19M— omit. 15 Insertion of new pt 2, divs 4B and 4C Part 2— insert— ‘Division 4B Other codes for vegetation management ‘Subdivision 1 Conducting a native forest practice ‘19O Native forest practice code ‘(1) The native forest practice code is the document called ‘The Code applying to a Native Forest Practice on Freehold Land’ approved by the Minister, as amended or replaced from time to time under this section. ‘(2) The Minister may amend or replace the document mentioned in subsection (1) or any amendment or replacement of it. ‘(3) However, the amendment or replacement does not take effect until it is approved under a regulation. ‘(4) A reference to the native forest practice code is taken to include any amendment or replacement under subsection (2) that has taken effect. ‘19P Content of native forest practice code ‘(1) The native forest practice code may provide for any matter about conducting a native forest practice the Minister considers is necessary or desirable for achieving the purpose of this Act. Page 18 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 15] ‘(2) The native forest practice code may provide for required outcomes and practices for producing, managing and removing commercial timber in native forests. ‘(3) The native forest practice code must not be inconsistent with the State policy. ‘19Q Offence to conduct native forest practice without giving notice ‘A person must not conduct a native forest practice in an area of remnant vegetation or regulated regrowth vegetation unless the person has given the chief executive a notice in the approved form stating the location of the proposed conducting of the practice. Maximum penalty—50 penalty units. ‘19R Offence to conduct particular native forest practice other than under native forest practice code ‘If the native forest practice code applies to a native forest practice, the native forest practice must be conducted in a way that complies with the code. Note — See the Planning Act, section 4.3.1, schedule 8, part 1, table 4, item 1A and schedule 10, definition forest practice for the penalty for carrying out a native forest practice other than under the code. ‘Subdivision 2 Clearing regulated regrowth vegetation under the regrowth vegetation code ‘19S Making regrowth vegetation code ‘(1) The Minister may make a code for clearing regulated regrowth vegetation (the regrowth vegetation code ). 2009 Act No. 43 Page 19

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 15] ‘(2) The regrowth vegetation code may provide for any matter about clearing regulated regrowth vegetation the Minister considers is necessary or desirable for achieving the purpose of this Act. ‘(3) The regrowth vegetation code may provide for the following— (a) required outcomes and practices, and voluntary best practice activities, for clearing regulated regrowth vegetation; (b) the protection of habitat for protected wildlife; (c) the restriction on clearing commercial timber on State land; (d) the circumstance in which an exchange area must be provided. ‘(4) For subsection (3)(b), the code may refer to an essential habitat map for the area of habitat in which the protected wildlife is protected. ‘(5) The regrowth vegetation code must not be inconsistent with the State policy. ‘19T When regrowth vegetation code takes effect ‘The regrowth vegetation code, or an amendment or replacement of the regrowth vegetation code, does not take effect until it has been approved under a regulation. ‘19U Requirement and process for giving notice of clearing regulated regrowth vegetation ‘(1) This section applies if a person proposes clearing regulated regrowth vegetation under the regrowth vegetation code on land (a clearing area ). ‘(2) The person must give the chief executive notice in the approved form (a clearing notification ) stating— (a) the real property description of the land; and Page 20 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 15] (b) the location and extent of— (i) the clearing area; and (ii) any exchange area; and (c) the purpose of clearing the regulated regrowth vegetation. ‘(3) The chief executive must, within 5 business days after receiving the clearing notification— (a) give the person notice that the notification was received and information included in the notification is enough to identify the location and extent of the clearing area and any exchange area; or (b) ask the person to give the chief executive further reasonable information or documents about the location or extent of the clearing area or any exchange area within a stated period. ‘(4) A notice or request under subsection (3) may be given orally or by written notice. ‘(5) However, if the notice or request is given orally, the chief executive must, within 5 business days after giving the notice or request, confirm the notice or request by written notice given to the person. ‘(6) The stated period mentioned in subsection (3)(b) must be at least 10 business days after the chief executive gives the person written notice of the request. ‘(7) The notice given under subsection (2) is taken to be a clearing notification whether or not the chief executive acts under subsection (3) in relation to the notice. 2009 Act No. 43 Page 21

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 15] ‘19V Offence to clear regulated regrowth vegetation under regrowth vegetation code without clearing notification ‘A person must not clear regulated regrowth vegetation under the regrowth vegetation code unless the person has given the chief executive a clearing notification for the clearing. Maximum penalty—50 penalty units. ‘19W Offence to clear regulated regrowth vegetation other than under regrowth vegetation code ‘Subject to section 19ZF, regulated regrowth vegetation may be cleared only in a way that complies with the regrowth vegetation code. Note — See the Planning Act, section 4.3.1 and schedule 8, part 1, table 4, items 1A and 1B for the penalty for clearing regulated regrowth vegetation other than under the regrowth vegetation code or a regrowth clearing authorisation. ‘19X Register of clearing notifications ‘(1) The chief executive must keep a register of clearing notifications. ‘(2) The register must include, for each clearing notification— (a) the person’s name; and (b) the real property description of the land the subject of the notification; and (c) the location and extent of— (i) the clearing area; and (ii) any exchange area; and (d) the purpose of clearing the regulated regrowth vegetation; and (e) the day the chief executive received the notification. Page 22 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 15] ‘(3) The chief executive may also keep in the register other information about a clearing notification given to the chief executive under section 19U. ‘(4) The person’s name for each clearing notification must not be contained in the publicly available part of the register. ‘(5) The chief executive must publish details in the publicly available part of the register on the department’s website. ‘Division 4C Authorisation to clear regulated regrowth vegetation other than under regrowth vegetation code ‘19Y Definitions for div 4C ‘In this division— primary producer means an individual who spends the majority of the individual’s labour on, and derives the majority of the individual’s income from, a primary production business. primary production business means a business carried on within the State in a primary production industry, including the agricultural, apicultural, aquacultural, horticultural and pastoral industries. primary production entity means a partnership, proprietary company, or trust that is solely or mainly engaged in a primary production business. relevant entity means— (a) a primary producer; or (b) a primary production entity in which a primary producer is— (i) if the entity is a partnership—a partner in the partnership; or 2009 Act No. 43 Page 23

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 15] (ii) if the entity is a proprietary company—a person who holds shares in the company; or (iii) if the entity is a trust—a trustee of the trust. ‘19Z Application of div 4C ‘This division applies to a relevant entity if— (a) the relevant entity is carrying on a primary production business on 8 October 2009; and (b) the relevant entity proposes clearing regulated regrowth vegetation for the purpose of carrying on the business; and (c) clearing the regulated regrowth vegetation in compliance with the regrowth vegetation code would cause the relevant entity financial hardship to an extent that would stop the business from operating. ‘19ZA Applying for authorisation ‘(1) The relevant entity may in the application period apply to the chief executive for an authorisation (a regrowth clearing authorisation ) to clear the regulated regrowth vegetation in a way other than in compliance with the regrowth vegetation code. ‘(2) The application must— (a) be made in the approved form; and (b) state the real property description of the land on which the proposed clearing is to take place; and (c) state the location and extent of the area proposed to be cleared under the regrowth clearing authorisation; and (d) be accompanied by evidence satisfactory to the chief executive to show— (i) the relevant entity is carrying on a primary production business; and Page 24 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 15] (ii) the purpose of the proposed clearing; and (iii) that clearing the regulated regrowth vegetation in compliance with the regrowth vegetation code would cause the relevant entity financial hardship to an extent that would stop the relevant entity’s primary production business from operating. ‘(3) In this section— application period means the period— (a) starting on 8 October 2009; and (b) ending immediately before 8 October 2011. ‘19ZB Chief executive to consider application ‘(1) The chief executive must consider the application and decide to grant or refuse to grant the application. ‘(2) In considering the application, the chief executive may consult with QRAA. ‘(3) A function of QRAA is to give the chief executive advice about whether clearing the regulated regrowth vegetation in compliance with the regrowth vegetation code would cause the relevant entity financial hardship. ‘(4) In this section— QRAA means the authority established under the RuralandRegional Adjustment Act 1994 , section 5. ‘19ZC Criteria for granting the application ‘The chief executive may grant the application only if satisfied— (a) the relevant entity is carrying on a primary production business; and (b) the proposed clearing is for the purpose of the business; and 2009 Act No. 43 Page 25

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 15] (c) clearing the regulated regrowth vegetation in compliance with the regrowth vegetation code would cause the relevant entity financial hardship to an extent that would stop the business from operating. ‘19ZD Deciding application ‘(1) If the chief executive decides to grant the application, the chief executive must give the relevant entity a regrowth clearing authorisation for the proposed clearing. ‘(2) The chief executive may impose conditions on the regrowth clearing authorisation, including conditions about how and where the relevant entity may clear the regulated regrowth vegetation under the authorisation and when the authorisation expires. ‘(3) If the chief executive decides to refuse to grant the application or grant the application on conditions, the chief executive must give the relevant entity an information notice about the decision. ‘19ZE Expiry of regrowth clearing authorisation on transfer of land ‘(1) If land the subject of a regrowth clearing authorisation is transferred from the relevant entity to another entity, the authorisation expires on the day the land is transferred. ‘(2) This section applies despite any condition imposed on the regrowth clearing authorisation stating the day the authorisation expires. ‘19ZF Clearing regulated regrowth vegetation under authorisation ‘(1) This section applies if the relevant entity is given a regrowth clearing authorisation for the proposed clearing. Page 26 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 16] ‘(2) Regulated regrowth vegetation may be cleared under the regrowth clearing authorisation only in a way that complies with the authorisation. ‘19ZG Register of regrowth clearing authorisations ‘(1) The chief executive must keep a register of regrowth clearing authorisations. ‘(2) The register must include, for each regrowth clearing authorisation— (a) the relevant entity’s name; and (b) the real property description of the land the subject of the authorisation; and (c) the location and extent of the clearing area; and (d) the purpose of clearing the regulated regrowth vegetation; and (e) the day the chief executive grants the authorisation; and (f) the day the authorisation expires. ‘(3) The register must not be publicly available.’. 16 Replacement of s 20A (Forest practice codes) Section 20A— omit, insert— ‘Division 5AA Vegetation management maps ‘20A What is the regional ecosystem map ‘The regional ecosystem map is a map certified by the chief executive as the regional ecosystem map for a part of the State and showing for the part— (a) areas of remnant vegetation that are— (i) an endangered regional ecosystem; or 2009 Act No. 43 Page 27

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 16] (ii) an of concern regional ecosystem; or (iii) a least concern regional ecosystem; and (b) the regional ecosystem number for each of the regional ecosystems mentioned in paragraph (a); and (c) areas the chief executive decides under section 20AH to show on the map as remnant vegetation. Note — The chief executive may decide under section 20AH to show an area on the regional ecosystem map as remnant vegetation even though the vegetation is not remnant vegetation. ‘20AA What is the remnant map ‘The remnant map is a map certified by the chief executive as the remnant map for the part of the State to which the regional ecosystem map does not apply and showing for the part— (a) areas of remnant vegetation; and (b) areas the chief executive decides under section 20AH to show on the map as remnant vegetation. Note — The chief executive may decide under section 20AH to show an area on the remnant map as remnant vegetation even though the vegetation is not remnant vegetation. ‘20AB What is the regrowth vegetation map ‘The regrowth vegetation map is a map certified by the chief executive as the regrowth vegetation map for the State and showing for the State— (a) areas of regrowth vegetation, identified on the map as high value regrowth vegetation, that— (i) are any of the following— (A) an endangered regional ecosystem; (B) an of concern regional ecosystem; Page 28 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 16] (C) a least concern regional ecosystem; and (ii) have not been cleared since 31 December 1989; and (b) particular watercourses in the Burdekin, Mackay Whitsunday and Wet Tropics catchments, identified on the map as regrowth watercourses; and Editor’s note — At the date of assent, a map showing the Burdekin, Mackay Whitsunday and Wet Tropics catchments can be inspected on the department’s website at < (c) areas the chief executive decides under section 20AI to show on the map as high value regrowth vegetation. Note — The chief executive may decide under section 20AI to show an area on the regrowth vegetation map as high value regrowth vegetation even though the vegetation is not regrowth vegetation that satisfies paragraph (a). ‘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 or essential regrowth habitat for protected wildlife. ‘(2) Essential habitat , for protected wildlife, means an area of vegetation shown on the regional ecosystem map or remnant map as remnant vegetation— (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. 2009 Act No. 43 Page 29

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 16] ‘(3) Essential habitat database means 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. ‘(5) Essential regrowth habitat , for protected wildlife, means an area of vegetation shown on the regrowth vegetation map as high value regrowth vegetation— (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 regrowth habitat database; or (b) in which the protected wildlife, at any stage of its life cycle, is located. ‘(6) Essential regrowth habitat database means a database, listing essential habitat factors for protected wildlife, certified by the chief executive as an essential regrowth habitat database. ‘20AD What is a registered area of agriculture map ‘A registered area of agriculture map is a map certified by the chief executive as a registered area of agriculture map for a wild river area and showing, for the wild river area, registered areas of agriculture. ‘20AE 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. Page 30 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 16] ‘20AF Amending vegetation management map ‘The chief executive may amend a vegetation management map (the old map ) by— (a) replacing the map; and (b) certifying a vegetation management map that replaces the old map. ‘20AG When vegetation management map takes effect ‘(1) A vegetation management map or a map replacing a vegetation management map does not take effect until a regulation approves the map. ‘(2) The regulation must state the day on which the map was certified. ‘(3) A reference to a vegetation management map is taken to include any replacement under subsection (1) that has taken effect. ‘20AH Deciding to show particular areas as remnant vegetation ‘In certifying the regional ecosystem map or remnant map, the chief executive may decide to show an area on the map as remnant vegetation if— (a) a development approval for the area has been given for— (i) fodder harvesting; or (ii) thinning; or (iii) clearing of encroachment; or (iv) control of non-native plants or declared pests; or (b) the area is a declared area or offset area; or (c) the chief executive has been notified that the area is subject to a native forest practice; or 2009 Act No. 43 Page 31

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 16] (d) the area contains forest products under the Forestry Act1959 and the vegetation in the area is shown on the regional ecosystem map or remnant map as remnant 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 (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. ‘20AI Deciding to show particular areas as high value regrowth vegetation ‘In certifying the regrowth vegetation map, the chief executive may decide to show an area on the map as high value regrowth vegetation if— (a) the chief executive has been given a clearing notification for the area and the purpose of clearing the regulated regrowth vegetation in the area is for— Page 32 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 16] (i) thinning; or (ii) clearing of encroachment; or (iii) control of non-native plants or declared pests; or (b) the area is an exchange area; or (c) the area contains forest products under the Forestry Act1959 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 chief executive has been notified that the area is subject to a native forest practice; 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. ‘20AJ Application to make PMAV before amending particular vegetation management maps ‘(1) This section applies to the following vegetation management maps— (a) the regional ecosystem map; (b) the remnant map; (c) the regrowth vegetation map. ‘(2) If an owner of land in an area wants the chief executive to amend a vegetation management map, the owner must apply 2009 Act No. 43 Page 33

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 17] 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 a vegetation management map.’. 17 Insertion of new ss 20AK–20AO Part 2, division 5A— insert— ‘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 for the area the following— (a) category A areas; (b) category B areas; (c) category C areas; (d) category X areas; (e) areas subject to a regional ecosystem map, remnant map or regrowth vegetation map. ‘(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. ‘(3) Each of category A area, category B area, category C area and category X area is called a vegetation category 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. ‘(4) The chief executive may certify a map as a PMAV by certifying— (a) a hard copy of the map; or (b) a digital electronic form of the map. Page 34 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 17] ‘20AL What is a category A area ‘A category A area is an 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 PlanningAct 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. ‘20AM What is a category B area ‘A category B area is an area, other than a category A area— (a) shown on a regional ecosystem map or remnant map as remnant vegetation; or (b) that, if section 20AN does not apply to the area, is a LandAct tenure to be converted under the LandAct1994 to another form of tenure and is or contains an endangered regional ecosystem, of concern regional ecosystem or a least concern regional ecosystem. 2009 Act No. 43 Page 35

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 18] ‘20AN What is a category C area ‘A category C area is an area, other than a category A area, that contains regrowth vegetation that is— (a) an endangered regional ecosystem, of concern regional ecosystem or a least concern regional ecosystem that has not been cleared since 31 December 1989; and (b) either— (i) shown on a regional ecosystem map or remnant map as remnant vegetation; or (ii) shown on a regrowth vegetation map as high value regrowth vegetation. ‘20AO What is a category X area ‘(1) A category X area is an area, other than a category A area or category C area, in which clearing of vegetation has happened and that, when a PMAV applying to the area was made, did not contain remnant vegetation or vegetation shown on the regional ecosystem map or remnant map as remnant vegetation. ‘(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.’. 18 Replacement of s 20B (When chief executive may make property map of assessable vegetation) Section 20B— omit, insert— ‘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 Page 36 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 18] (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 PlanningAct 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 LandAct1994 as in force before the commencement of the VegetationManagementandOtherLegislationAmendment 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 LandAct 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 regrowth vegetation 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. 2009 Act No. 43 Page 37

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 19] ‘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 LandAct1994 as in force before the commencement of the VegetationManagementandOtherLegislationAmendmentAct2004 , section 3; or (c) prohibited development under the repealed MoratoriumAct, part 5 was carried out in relation to the area.’. 19 Amendment of s 20C (When owner may apply for property map of assessable vegetation) (1) Section 20C, ‘property map of assessable vegetation’— omit, insert— ‘PMAV’. (2) Section 20C(3), ‘applicant’— omit, insert— ‘owner of the land’. (3) Section 20C(3), ‘map’— omit, insert— ‘PMAV’. (4) Section 20C— insert— ‘(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. Page 38 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 20] ‘(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.’. 20 Insertion of new s 20CA After section 20C— insert— ‘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) when the area was cleared of vegetation, the clearing was exempt development; or (b) the clearing of vegetation has been carried out under a moratorium exemption; or (c) the clearing of vegetation has been carried out under a development approval other than a development approval for— (i) fodder harvesting; or (ii) thinning; or (iii) clearing of encroachment; or (iv) control of non-native plants or declared pests; or (d) a clearing notification for the area has been received and the purpose of clearing was other than clearing regulated regrowth vegetation in the area for— (i) thinning; or 2009 Act No. 43 Page 39

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 20] (ii) clearing of encroachment; or (iii) control of non-native plants or declared pests. ‘(3) Also, the chief executive can not make the relevant area a category X area on the PMAV if— (a) vegetation in the area is not remnant vegetation because of clearing that happened as a result of burning, flooding or natural causes; or (b) the area is located within 50m of a watercourse identified on the regrowth vegetation map as a regrowth watercourse. ‘(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. Page 40 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 21] ‘(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— 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.’. 21 Amendment of s 20D (When maps may be replaced) (1) Section 20D, heading, ‘maps’— omit, insert— ‘ PMAV ’ (2) Section 20D(1)— omit, insert— ‘(1) The chief executive may replace a PMAV for an area (the previous area ) with 1 or more PMAVs (each a new PMAV ). (3) Section 20D(2), ‘The new map’— omit, insert— ‘A new PMAV’. (4) Section 20D(3)(b), ‘not of concern’— omit, insert— ‘a least concern’. 2009 Act No. 43 Page 41

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 22] (5) Section 20D(3)(c)— omit, insert— ‘(c) for a matter other than a matter mentioned in paragraph (a) or (b), if each of the affected owners agrees to the replacement.’. (6) Section 20D— insert— ‘(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.’. 22 Amendment of s 20E (When maps may be revoked) (1) Section 20E, heading, ‘maps’— omit, insert— ‘ PMAV ’ (2) Section 20E(1)— omit, insert— ‘(1) The chief executive may revoke 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 Page 42 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 23] (c) for a PMAV made under section 20B(1)(c)—the exchange area is no longer an exchange area required under the regrowth vegetation code; or (d) for a PMAV made under section 20B(1)(d), (e), (f) or (g)—the area is shown on a regional ecosystem map or remnant map as remnant vegetation; or (e) for a PMAV made under section 20B(1)(h)—the LandAct tenure over the area is not converted to another form of tenure; or (f) for a PMAV made under section 20B(1)(i)—the regrowth vegetation map is amended to correct the error.’. 23 Amendment of s 20F (Copies of maps to be available) (1) Section 20F, heading, from ‘maps’— omit, insert— ‘ PMAV given to owners ’. (2) Section 20F(1), ‘property map of assessable vegetation’— omit, insert— ‘PMAV’. (3) Section 20F(1), ‘the map’— omit, insert— ‘the PMAV’. (4) Section 20F(2)— omit, insert— ‘(2) However, if there are 2 or more owners who reside at the same address, a copy of the PMAV may be sent to the owners jointly.’. 24 Insertion of new s 20H Part 2, division 5A— 2009 Act No. 43 Page 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 25] ‘20H insert— Inconsistency between PMAV and particular vegetation management maps ‘If there is an inconsistency in the boundary of an area shown on a PMAV and a boundary of the area shown on any of the following, the boundary of the area shown on the PMAV prevails to the extent of the inconsistency— (a) the regional ecosystem map; (b) the remnant map; (c) the regrowth vegetation map.’. 25 Replacement of pt 2, div 6, hdg (Modifying effect of Planning Act) Part 2, division 6, heading— omit, insert— ‘Division 6 Relationship with Planning Act ‘Subdivision 1 Modifying effect of Planning Act’. 26 Amendment of s 22 (Declarations for the Planning Act) Section 22(3)— omit, insert— ‘(3) The chief executive may— (a) refuse the application to the extent the development will affect the commercial timber; or (b) grant the vegetation clearing application but impose conditions on the development approval in relation to the commercial timber.’. Page 44 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 27] 27 Amendment of s 22A (Particular vegetation clearing applications may be assessed) (1) Section 22A(2)(d), ‘if there is no suitable alternative site for the fence, firebreak, road, track or infrastructure’— omit, insert— ‘(each relevant infrastructure ) and the clearing for the relevant infrastructure can not reasonably be avoided or minimised’. (2) Section 22A(2)(j), (k) and (l)— omit, insert— ‘(j) for clearing regrowth vegetation on freehold land, indigenous land or leases issued under the LandAct1994 for agriculture or grazing purposes, in an area shown as a registered area of agriculture on a registered area of agriculture map in a wild river high preservation area.’. (3) Section 22A(2B)— omit, insert— ‘(2B) Also, a vegetation clearing application is not for a relevant purpose under this section if the development applied for is clearing regulated regrowth vegetation on freehold land, indigenous land or leases issued under the Land Act 1994 for agriculture or grazing purposes.’. (4) Section 22A(2C)(a), ‘subsection (2)(e), (f), (i) or (j)’— omit, insert— ‘subsection (2)(e), (f) or (i)’. (5) Section 22A(3)— omit, insert— ‘(3) In this section— extractive industry — (a) means 1 or more of the following— (i) dredging material from the bed of any waters; 2009 Act No. 43 Page 45

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 28] (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 infrastructure’. 28 Insertion of new pt 2, div 6, sdiv 2 Part 2, division 6— insert— ‘Subdivision 2 Referral agency assessment and responses ‘22DA Requirement for property vegetation management plan ‘The applicant for a concurrence agency application must give the chief executive a property vegetation management plan for the area to which the application relates in addition to the things mentioned in the Planning Act, section 3.3.3(1). ‘22DB Compliance with concurrence agency policy ‘The chief executive must, for assessing and giving its referral agency’s response to a concurrence agency application, comply with— (a) the concurrence agency policy applicable to the referral; or (b) if both the concurrence agency policies are applicable to the referral—each of the concurrence agency policies. Page 46 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 28] ‘22DC Refusal of particular concurrence agency application ‘(1) The chief executive may in its referral agency’s response to a concurrence agency application tell the assessment manager to refuse the application or impose a condition— (a) if a PMAV applying to the relevant land or part of the land has been made under section 20B and has not been revoked; or (b) if the relevant land is subject to any of the following— (i) a restoration notice; (ii) a compliance notice given before the commencement of this section containing conditions about the restoration of vegetation; (iii) a Land Act notice; (iv) a trespass notice if the trespass related act under the Land Act 1994 for the notice is the clearing of vegetation on the relevant land; (v) an enforcement notice under the PlanningAct issued for a vegetation clearing offence; or (c) to the extent the development applied for is inconsistent with an offset or another agreement related to an offset. ‘(2) In this section— relevant land means land to which the concurrence agency application relates. ‘22DD Commercial timber on State land ‘(1) This section applies if— (a) a concurrence agency application is for a material change of use of premises on State land; and (b) the chief executive is satisfied there is commercial timber on the land. ‘(2) The chief executive may in its referral agency’s response to the application tell the assessment manager— 2009 Act No. 43 Page 47

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 28] (a) to refuse the application to the extent the development affects the commercial timber; or (b) any conditions in relation to the commercial timber that must attach to the development approval. ‘22DE Development not for a relevant purpose under s 22A ‘(1) This section applies if the chief executive is not satisfied the development applied for under a concurrence agency application is for a relevant purpose under section 22A. ‘(2) For applying section 22A, a reference to a vegetation clearing application is taken to be a reference to a concurrence agency application. ‘(3) The chief executive must in its referral agency’s response to the application tell the assessment manager to refuse the application to the extent the development is not for a relevant purpose under section 22A other than subsection (2B) of that section. ‘22DF Clearing vegetation on adjoining lot for firebreaks and fire management lines ‘(1) This section applies if the location of proposed infrastructure for a concurrence agency application would enable the applicant to clear vegetation on adjoining land under the Planning Act, schedule 10, definition essential management , paragraphs (a) or (b). ‘(2) In assessing and responding to the part of the application giving rise to the referral, the chief executive must consider any clearing of vegetation that may be required on the adjoining land for— (a) establishing or maintaining a necessary firebreak to protect the infrastructure; or (b) for establishing a necessary fire management line. Page 48 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 29] ‘(3) Subsection (2) is in addition to, and does not limit, the Planning Act, section 3.3.15 and chapter 3, part 5, division 2. ‘(4) In this section— infrastructure means infrastructure other than a fence, road or vehicular track.’. 29 Insertion of new pt 2, div 6A Part 2— insert— ‘Division 6A Vegetation management offsets ‘Subdivision 1 Preliminary ‘22DG What are vegetation management offsets (or offsets ) and offset areas ‘(1) A vegetation management offset (or an offset ) is an agreement to carry out works or activities to conserve, enhance, maintain, monitor or rehabilitate an area of vegetation. ‘(2) The area to be conserved, enhanced, maintained, monitored or rehabilitated is called the offset area . ‘Subdivision 2 Imposing offsets ‘22DH Application of sdiv 2 ‘(1) This subdivision applies to an application for a development approval if— (a) the relevant regional vegetation management code is the code for the clearing of vegetation in the area; and (b) a required outcome under the code is to maintain the current extent of a particular regional ecosystem by— 2009 Act No. 43 Page 49

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 29] (i) not clearing the regional ecosystem; or (ii) if subparagraph (i) is not reasonably practicable, ensuring the structure and function of the regional ecosystem is maintained; or (iii) if subparagraphs (i) and (ii) are not reasonably practicable, imposing an offset as a condition of the development approval; and (c) the applicant proposes an offset to satisfy the required outcome. ‘(2) In this section— relevant regional vegetation management code means the regional vegetation management code for the region of the State in which the area proposed to be cleared under the application is situated. ‘22DI Compliance with offsets policy ‘(1) The chief executive must, for assessing the application, comply with the offsets policy. ‘(2) Without limiting subsection (1), the chief executive may impose the offset as a condition of the development approval. ‘22DJ Criteria for decision about offset ‘In deciding whether to impose the proposed offset as a condition of the development approval, the chief executive may refuse to impose the proposed offset as a condition of the development approval to satisfy a required outcome under the code if— (a) the applicant has had an offset imposed as a condition of another development approval; and (b) the applicant has not complied with the condition. Page 50 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 29] ‘22DK When offset ends The offset remains in effect until the offset ends under its terms. ‘Subdivision 3 Register of offsets ‘22DL Chief executive must keep register of offsets ‘(1) The chief executive must keep a register of offsets. ‘(2) The register must include, for each offset imposed as a condition of a development approval— (a) the name of the applicant for the development approval; and (b) the name of the owner of the land in which the offset area is located; and (c) the department’s reference number for the development approval; and (d) the real property description of the land— (i) in which the offset area is located; and (ii) on which the vegetation is cleared under the development approval; and (e) the location and extent of the offset area; and (f) a description of the vegetation in the offset area; and (g) a description of the vegetation cleared under the development approval. ‘(3) The chief executive may also keep in the register other information about the development approval the chief executive considers appropriate. ‘(4) A person’s name under subsection (2)(a) or (b) must not be contained in the publicly available part of the register. ‘(5) The chief executive must publish details in the publicly available part of the register on the department’s website.’. 2009 Act No. 43 Page 51

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 30] 30 Amendment of s 30 (Power to enter places) Section 30(1)— insert— ‘(f) a person proposing to conduct a native forest practice at the place has given the chief executive a notice under section 19Q for the place; or (g) a person proposing to clear regulated regrowth vegetation under the regrowth vegetation code at the place has given the chief executive a clearing notification for the place.’. 31 Amendment of s 49 (Power to require name and address) Section 49(1)— omit, insert— ‘(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.’. 32 Insertion of new ss 54A–54C Part 3, division 1, subdivision 7— insert— ‘54A Stop work notice ‘(1) This section applies if an official reasonably believes a person is committing a vegetation clearing offence. Page 52 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 32] ‘(2) The official may give the person a notice (a stop work notice ) requiring the person to stop committing the offence or not to commit that type of offence again. ‘(3) The stop work notice must state— (a) that the official believes the person is committing a vegetation clearing offence; and (b) the vegetation clearing offence the official believes is being committed; and (c) briefly, how it is believed the offence is being committed. ‘(4) The stop work notice must be accompanied by or include an information notice about the decision to give the notice. ‘(5) The person must comply with the stop work notice unless the person has a reasonable excuse. Maximum penalty for subsection (5)—1665 penalty units. ‘54B Restoration notice ‘(1) This section applies if an official reasonably believes— (a) a person has committed a vegetation clearing offence, whether before or after the commencement of this section; and (b) the matter is capable of being rectified. ‘(2) The official may give the person a notice (a restoration notice ) requiring the person to rectify the matter. ‘(3) The restoration notice must state— (a) that the official believes the person has committed a vegetation clearing offence; and (b) the vegetation clearing offence the official believes has been committed; and (c) briefly, how it is believed the offence has been committed; and 2009 Act No. 43 Page 53

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 32] (d) the matter the official believes is reasonably capable of being rectified; and (e) the reasonable steps the person must take to rectify the matter; and (f) the stated reasonable period in which the person must take the steps. ‘(4) The restoration notice must be accompanied by or include an information notice about the decision to give the notice. ‘(5) The person must comply with the restoration notice unless the person has a reasonable excuse. Maximum penalty—1665 penalty units. ‘(6) In this section— step includes any action or other measure the official believes is necessary to rectify the matter. Examples — • giving a proposed restoration plan under section 55AB(1) or making a request under section 55AB(3) • setting objectives and timeframes for restoring the vegetation • giving the chief executive a progress report about whether the steps taken within a particular period to rectify the matter have satisfied a stated objective ‘54C Contravention of stop work notices and restoration notices ‘(1) This section applies to a person who is given a stop work notice or a restoration notice. ‘(2) If the person does an act, or makes an omission, in contravention of the stop work notice or restoration notice, an official may use reasonable force and take any other reasonable action to stop the contravention. ‘(3) Any reasonable cost or expense incurred by the official in doing anything under subsection (2) may be recovered as a debt owing to the State by the person.’. Page 54 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 33] 33 Amendment of s 55 (Compliance notice) (1) Section 55, heading— omit, insert— ‘55 Transfer of land the subject of restoration notice’. (2) Section 55(1) to (6)— omit. (3) Section 55(7), ‘For this section, if the person has an interest in the land the subject of the’— omit, insert— ‘If a person has an interest in land the subject of a’. (4) Section 55(7) to (10), ‘compliance notice’— omit, insert— ‘restoration notice’. (5) Section 55(8), example— omit, insert— ‘ Example — A is given a restoration notice on 1 January 2010 requiring A to rectify a matter by 30 June 2010. In May 2010, A transfers the land the subject of the restoration notice to B.’. (6) Section 55(10), ‘under subsection (2)’— omit. (7) Section 55(11), ‘Subsections (7) to (10)’— omit, insert— ‘Subsections (1) to (4)’. (8) Section 55(7) to (11)— renumber as section 55(1) to (5). 2009 Act No. 43 Page 55

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 49] 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. 2 For paragraph 1, fodder species are any of the following— (a) Acacia aneura ; (b) Acacia cibaria ( Acacia brachystachya ); (c) Acacia excelsa ; (d) Acacia pendula ; (e) Acacia stowardii ; (f) Alphitonia excelsa ; (g) Flindersia maculosa ; (h) Geijera parviflora . 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. Land Act notice means a compliance notice given for a tree clearing offence under the LandAct1994 as in force 2009 Act No. 43 Page 85

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 49] Page 86 immediately before the commencement of the Vegetation Management and Other Legislation 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 . least concern regional ecosystem means a regional ecosystem declared to be a least concern regional ecosystem under section 22LC. material change of use means a material change of use under the Planning Act. moratorium exemption means an exemption under the repealed Moratorium Act. native forest practice code see section 19O. Nature Conservation Act means the Nature Conservation Act1992 . official means— (a) the chief executive; or (b) an authorised officer. offset see section 22DG(1). offset area see section 22DG(2). offsets policy see section 10C(1). original decision see section 63A(1)(a). PMAV see section 20AK. PMAV application , for part 4, division 4, see section 68CA. 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. 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 49] property map of assessable vegetation see section 20AK. protected wildlife see section 11(2). reconfiguring a lot means reconfiguring a lot under the Planning Act. referral agency’s response means an advice agency’s response or a concurrence agency’s response under the Planning Act. regional ecosystem map see section 20A. regional ecosystem number , for a regional ecosystem, means the regional ecosystem number that is established under the Regional Ecosystem Description Database. Note — The Regional Ecosystem Description Database is a database containing regional ecosystem numbers and descriptions of the regional ecosystems that is maintained by the Queensland Herbarium. The database is available on the department’s website at < registered area of agriculture map see section 20AD. regrowth clearing authorisation see section 19ZA(1). regrowth vegetation code see section 19S(1). regrowth vegetation map see section 20AB. regulated regrowth vegetation — 1 Regulated regrowth vegetation is vegetation— (a) identified on the regrowth vegetation map as high value regrowth vegetation; or (b) located within 50m of a watercourse identified on the regrowth vegetation map as a regrowth watercourse; or (c) contained in a category C area shown on a PMAV. 2 The exact location of a watercourse mentioned in paragraph 1(b) depends upon the location of the watercourse from time to time. 2009 Act No. 43 Page 87

Vegetation Management and Other Legislation Amendment Act 2009 Part 2 Amendment of Vegetation Management Act 1999 [s 49] Page 88 relevant entity , for part 2, division 4C, see section 19Y. relevant PMAV application , for part 4, division 4, see section 68CA. relevant vegetation map , for part 4, division 4, see section 68CA. remnant map see section 20AA. remnant vegetation means vegetation, part of which forms the predominant canopy of the vegetation— (a) covering more than 50% of the undisturbed predominant canopy; and (b) averaging more than 70% of the vegetation’s undisturbed height; and (c) 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). review decision see section 63A(1)(b). stop work notice see section 54A(2). trespass notice means a trespass notice under the LandAct1994 , section 406. vegetation category area see section 20AK(3). vegetation management map means each of the following— (a) regional ecosystem map; (b) remnant map; (c) regrowth vegetation map; (d) essential habitat map; (e) registered area of agriculture map. vegetation management offset see section 22DG(1).’. 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 3 Amendment of Integrated Planning Act 1997 [s 50] (3) Schedule, definition forest practice , paragraph 1(b)(i), ‘a code applying to a native forest practice’— omit , insert — ‘the native forest practice code’. (4) Schedule, definition forest practice , paragraph 1(b)(ii), ‘there is no code’— omit , insert — ‘the native forest practice code does not apply to the activities’. (5) Schedule, definition property vegetation management plan , after ‘application’— insert— ‘or concurrence agency application’. Part 3 Amendment of Integrated Planning Act 1997 50 Act amended This part amends the Integrated Planning Act 1997. 51 Amendment of sch 8 (Assessable development and self-assessable development) (1) Schedule 8, part 1, table 4, item 1A(f), ‘remnant vegetation; or’— omit, insert— ‘— (i) shown on the regional ecosystem map or remnant map as remnant vegetation; or (ii) regulated regrowth vegetation; or’. 2009 Act No. 43 Page 89

Vegetation Management and Other Legislation Amendment Act 2009 Part 3 Amendment of Integrated Planning Act 1997 [s 51] (2) Schedule 8, part 1, table 4, item 1A(g) to (h)— omit, insert— ‘(g) for urban purposes in an urban area and the vegetation is— (i) an of concern regional ecosystem or a least concern regional ecosystem— (A) shown on a property map of assessable vegetation for the area as a category B area; or (B) if there is no property map of assessable vegetation for the area—shown on a regional ecosystem map or remnant map as remnant vegetation; or (ii) regulated regrowth vegetation; or (ga) for urban purposes in an urban area in a wild river high preservation area and the vegetation is— (i) remnant vegetation, shown on a regional ecosystem map or remnant map, that is an of concern regional ecosystem or least concern regional ecosystem; or (ii) shown on a regional ecosystem map or remnant map as other than remnant vegetation; or (iii) regulated regrowth vegetation; or (h) necessary for routine management in an area of the land and the vegetation is— (i) a least concern regional ecosystem— (A) shown on a property map of assessable vegetation for the area as a category B area; or (B) if there is no property map of assessable vegetation for the area—shown on a regional ecosystem map or remnant map as remnant vegetation; or Page 90 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 3 Amendment of Integrated Planning Act 1997 [s 51] (ii) regulated regrowth vegetation; or’. (3) Schedule 8, part 1, table 4, item 1A— insert— ‘(m) clearing of regulated regrowth vegetation under the regrowth vegetation code or a regrowth clearing authorisation, other than if the vegetation is shown on a property map of assessable vegetation for an area of the land as a category A area; or (n) for development that is for an extractive industry under VMA, section 22A(3) in a key resource area to the extent it involves clearing regulated regrowth vegetation, other than if the vegetation is shown on a property map of assessable vegetation for an area of the land as a category A area; or (o) for development that is a significant community project to the extent it involves clearing regulated regrowth vegetation, other than if the vegetation is shown on a property map of assessable vegetation for an area of the land as a category A area.’. (4) Schedule 8, part 1, table 4, item 1B(e) and (f)— omit, insert— ‘(e) in an area for which there is no property map of assessable vegetation and the vegetation is not— (i) shown on the regional ecosystem map or remnant map as remnant vegetation; or (ii) regulated regrowth vegetation; or (f) clearing of regulated regrowth vegetation under the regrowth vegetation code or a regrowth clearing authorisation, other than if the vegetation is shown on a property map of assessable vegetation for an area of the land as a category A area; or (fa) necessary for routine management in an area of the land and the vegetation is— (i) a least concern regional ecosystem— 2009 Act No. 43 Page 91

Vegetation Management and Other Legislation Amendment Act 2009 Part 3 Amendment of Integrated Planning Act 1997 [s 51] (A) shown on a property map of assessable vegetation for the area as a category B area; or (B) if there is no property map of assessable vegetation for the area—shown on a regional ecosystem map or remnant map as remnant vegetation; or (ii) regulated regrowth vegetation; or’. (5) Schedule 8, part 1, table 4, item 1B— insert— ‘(h) for development that is for an extractive industry under VMA, section 22A(3) in a key resource area to the extent it involves clearing regulated regrowth vegetation, other than if the vegetation is shown on a property map of assessable vegetation for an area of the land as a category A area; or (i) for development that is a significant community project to the extent it involves clearing regulated regrowth vegetation, other than if the vegetation is shown on a property map of assessable vegetation for an area of the land as a category A area.’. (6) Schedule 8, part 1, table 4, item 1D(a), after ‘local government’— insert— ‘or the department that administers the TransportInfrastructure Act 1994 ’. (7) Schedule 8, part 1, table 4, item 1D(a)(ii)— omit, insert— ‘ (ii) in an urban area and the vegetation is— (A) a least concern regional ecosystem shown on a regional ecosystem map or remnant map as remnant vegetation; or Page 92 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 3 Amendment of Integrated Planning Act 1997 [s 52] (B) shown on a regional ecosystem map or a remnant map as other than remnant vegetation; or’. 52 Amendment of sch 10 (Dictionary) (1) Schedule 10, definitions category 2 area , category 3 area , category 4 area , native vegetation , remnant endangered regional ecosystem , remnant not of concern regional ecosystem , remnant of concern regional ecosystem and urban area — omit. (2) Schedule 10— insert— ‘ category A area means a category A area under VMA. category B area means a category B area under VMA. category C area means a category C area under VMA. key resource area means an area identified as a key resource area in the document called ‘State Planning Policy 2/07— Protection of Extractive Resources’, a State planning policy under the Planning Act that took effect on 3 September 2007. Editor’s note — At the commencement of this definition, the document can be inspected on the Department of Infrastructure and Planning’s website at < native forest practice code means the native forest practice code under VMA, section 19O(1). native vegetation means vegetation under VMA. significant community project means a significant community project under VMA, section 10(5). regrowth clearing authorisation means a regrowth clearing authorisation under VMA, section 19ZA(1). regrowth vegetation code means the regrowth vegetation code under VMA, section 19S(1). 2009 Act No. 43 Page 93

Vegetation Management and Other Legislation Amendment Act 2009 Part 3 Amendment of Integrated Planning Act 1997 [s 52] regrowth vegetation map means the regrowth vegetation map under VMA, section 20AB. regulated regrowth vegetation means regulated regrowth vegetation under VMA. urban area means— (a) an area identified in a gazette notice by the chief executive under VMA as an urban area; or (b) if no gazette notice has been published—an area identified as an area intended specifically for urban purposes, including future urban purposes (but not rural residential or future rural residential purposes) on a map in a planning scheme that— (i) identifies the areas using cadastral boundaries; and (ii) is used exclusively or primarily to assess development applications. Example of a map for paragraph (b) — a zoning map’. (3) Schedule, definition forest practice , paragraph 1(b)(i), ‘a code applying to a native forest practice’— omit , insert — ‘the native forest practice code’. (4) Schedule, definition forest practice , paragraph 1(b)(ii), ‘there is no code’— omit , insert — ‘the native forest practice code does not apply to the activities’. (5) Schedule 10, definition routine management — insert— ‘(ca) by the lessee of land subject to a lease issued under the LandAct1994 for agriculture or grazing purposes to source construction timber, other than commercial Page 94 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 3 Amendment of Integrated Planning Act 1997 [s 52] timber, for establishing necessary infrastructure on the land if— (i) the clearing does not cause land degradation as defined under VMA; and (ii) restoration of a similar type, and to the extent of the removed trees, is ensured; or’. (6) Schedule 10, definition specified activity , paragraph (ab)— omit, insert— (ab) clearing an area of vegetation that is less than 0.5ha within a watercourse or lake for an activity (other than an activity relating to a material change of use of premises or the reconfiguring of a lot) that is subject to an approval process and is approved under this or another Act, or is carried out under the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’ approved by the chief executive of the department that administers the Water Act 2000 , if the area is— (i) a least concern regional ecosystem— (A) shown on a regional ecosystem map or remnant map as remnant vegetation; or (B) shown on a property map of assessable vegetation as a category B area; or (ii) shown on a property map of assessable vegetation as a category X area; or (iii) shown on a regional ecosystem map or remnant map as other than remnant vegetation; or (ac) clearing vegetation in an area declared under VMA, section 19F if the clearing is carried out under the management plan for the area; or (ad) clearing vegetation under a land management agreement for a lease under the Land Act 1994 ; or’. 2009 Act No. 43 Page 95

Vegetation Management and Other Legislation Amendment Act 2009 Part 4 Amendment of Land Act 1994 [s 53] Part 4 Amendment of Land Act 1994 53 Act amended in pt 4 and schedule This part and the schedule amend the Land Act 1994. 54 Amendment of s 431NB (Application of pt 3B) Section 431NB(1)(a)(ii), ‘November 2009’— omit, insert— ‘May 2010’. 55 Amendment of s 431NF (Limit on application of s 358 (Changing deeds of grant—change in description or boundary of land)) Section 431NF, ‘November 2009’— omit, insert — ‘May 2010’. Part 5 Amendment of Land Title Act 1994 56 Act amended This part amends the Land Title Act 1994. 57 Amendment of s 191B (Application of pt 10A) Section 191B(1)(a)(ii), ‘November 2009’— omit, insert— ‘May 2010’. Page 96 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Part 6 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions)Amendment Act 2009 [s 58] Part 6 Amendment of Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 58 Act amended This part amends the QueenslandCivilandAdministrativeTribunal (Jurisdiction Provisions) Amendment Act 2009. 59 Omission of ch 6, pt 10 (Amendment of VegetationManagement Act 1999) Chapter 6, part 10— omit. Note — The legislation ultimately amended is the Vegetation Management Act1999 . Part 7 Amendment of Sustainable Planning Act 2009 60 Act amended This part amends the Sustainable Planning Act 2009 . 61 Amendment of sch 3 (Dictionary) (1) Schedule 3, definition forest practice , paragraph 1(b)(i), ‘a code applying to a native forest practice’— omit , insert — ‘the native forest practice code’. 2009 Act No. 43 Page 97

Vegetation Management and Other Legislation Amendment Act 2009 Part 8 Miscellaneous [s 62] (2) Schedule 3, definition forest practice , paragraph 1(b)(ii), ‘there is no code’— omit , insert — ‘the native forest practice code does not apply to the activities’. (3) Schedule 3, definition native vegetation — omit. (4) Schedule 3— insert— ‘ native forest practice code means the native forest practice code under the Vegetation Management Act, section 19O(1). native vegetation means vegetation under the VegetationManagement Act.’. Part 8 Miscellaneous 62 Act repealed The Vegetation Management (Regrowth Clearing Moratorium) Act 2009, No. 6 is repealed . 63 Laws amended in the schedule The schedule amends the laws it mentions . Page 98 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Schedule Schedule Consequential and minor amendments section 63 Land Act 1994 1 Section 373F, definition natural resource , after ‘notice’— insert— ‘given for a tree clearing offence under this Act as in force immediately before the commencement of the Vegetation Management and Other Legislation Act 2004 , section 3’. State Development and Public Works Organisation Act 1971 1 Section 26(3)(b), from ‘matter’— omit, insert— ‘relevant purpose under the VegetationManagementAct1999 , section 22A, other than subsection (2)(a) of that section.’. Vegetation Management Act 1999 1 Section 11(2), ‘for vegetation management mentioned in section 10’— omit. 2 Section 19(1)(e) and (f)— renumber as section 19(1)(d) and (e) . 2009 Act No. 43 Page 99

Vegetation Management and Other Legislation Amendment Act 2009 Schedule 3 Section 20G, heading, ‘maps’— omit, insert— ‘ PMAV ’. 4 Section 20G, ‘property map of assessable vegetation’— omit, insert— ‘PMAV’. 5 Section 22(4), ‘under the Planning Act’— omit. 6 Section 22LC, heading, ‘Not of concern’— omit, insert— ‘ Least concern ’. 7 Section 22LC(1), ‘not of concern’— omit, insert— ‘least concern’. 8 Section 25(1)(b)— omit, insert— ‘(b) giving stop work notices and restoration notices.’. 9 Section 30(1)(c)(i)(C), ‘compliance’— omit, insert— ‘stop work notice or restoration’. Page 100 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Schedule 10 Section 30(1)(d), ‘compliance’— omit, insert— ‘stop work’. 11 Section 30(3), ‘Subsection (1)(ba)’— omit, insert— ‘Subsection (1)(c)’. 12 Section 36(5), ‘compliance’— omit, insert— ‘stop work’. 13 Part 3, division 3, heading— omit, insert— ‘Division 3 General offences’. 14 Schedule, definition area of high nature conservation value , from ‘under’— omit, insert— ‘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.’. 15 Schedule, definition area vulnerable to land degradation , from ‘under’— omit, insert— 2009 Act No. 43 Page 101

Vegetation Management and Other Legislation Amendment Act 2009 Schedule ‘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.’. 16 Schedule, definition vegetation clearing application , ‘as defined under the Planning Act’— omit. 17 Schedule, definition vegetation clearing application , ‘that Act’— omit, insert— ‘the Planning Act’. Vegetation Management Regulation 2000 1 After section 3— insert— ‘3A Approval of regrowth vegetation code—Act, s 19T ‘The document called ‘Regrowth Vegetation Code—On Freehold and indigenous land and leasehold land for agriculture and grazing—version 1’ is approved as the regrowth vegetation code. Note — The regrowth vegetation code takes effect on 8 October 2009. Page 102 2009 Act No. 43

Vegetation Management and Other Legislation Amendment Act 2009 Schedule ‘3B Approval of particular vegetation management maps—Act, s 20AG ‘(1) The map called ‘Regrowth Vegetation Map—version 1’, certified by the chief executive on 8 October 2009, is approved as the regrowth vegetation map. Note — The regrowth vegetation map takes effect on 8 October 2009. ‘(2) The map called ‘Essential Habitat Map—version 2.1a’, certified by the chief executive on 8 October 2009, is approved as the essential habitat map. Note — The essential habitat map takes effect on 8 October 2009.’. © State of Queensland 2009 2009 Act No. 43 Page 103