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Queensland
VEGETATION
MANAGEMENT AND OTHER
LEGISLATION AMENDMENT
BILL 2004
Queensland
VEGETATION MANAGEMENT AND
OTHER LEGISLATION AMENDMENT
BILL 2004
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF VEGETATION MANAGEMENT ACT
1999
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Replacement of s 3 (Purposes of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 7 (Application of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Replacement of s 8 (What is vegetation). . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 What is vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of s 10 (State policy for vegetation management) . . . . . . . . . . 11
10 Replacement of pt 2, div 3 (Regional vegetation management plans) . . . . . 11
Division 3--Regional vegetation management codes
11 Minister must approve regional vegetation management codes . . . . 11
12 Preparing codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Minister must consider all properly made submissions. . . . . . . . . . . 12
14 Publication of codes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Minor or stated amendments of regional vegetation management
code ............................................ 12
11 Replacement of s 16 (Preparing declaration) . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Vegetation Management and Other Legislation
Amendment Bill 2004
16 Preparing declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Amendment of s 17 (Making declaration) . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Amendment of s 19 (Criteria for declarations) . . . . . . . . . . . . . . . . . . . . . . . 14
14 Replacement of pt 2, div 5 (Declarations about codes for IDAS) . . . . . . . . . 14
Division 5--Declarations about codes
20 IDAS codes for the clearing of vegetation. . . . . . . . . . . . . . . . . . . . . 14
20A Forest practice codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 5A--Property map of assessable vegetation
20B When chief executive may make property map of assessable
vegetation ........................................ 15
20C When owner may apply for property map of assessable vegetation . 16
20D When maps may be replaced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20E When maps may be revoked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20F Copies of maps to be available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20G Owners to be advised of revocation of maps . . . . . . . . . . . . . . . . . . . 18
15 Replacement of s 22A (Refusing development application after
conviction for vegetation clearing offence) . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22A Particular vegetation clearing applications may be assessed . . . . . . . 18
22B Modifying Planning Act effect for delegations and appointment
of referees ....................................... 20
22C Modifying Planning Act effect of appeal rights on ongoing
applications (assessment manager) . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22D Modifying Planning Act effect of appeal rights on ongoing
applications (concurrence agency). . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 7--Broadscale applications and ballots
22E Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
22F Exception to s 22A(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
22G Regions and ballots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
22H Modifying Planning Act effect on changing broadscale application . 22
22I Modifying Planning Act time frames. . . . . . . . . . . . . . . . . . . . . . . . . 22
22J Modifying Planning Act effect on changing development approval . 23
22K Modifying Planning Act effect of appeal rights on broadscale
applications ...................................... 23
22L Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3
Vegetation Management and Other Legislation
Amendment Bill 2004
Division 8--Miscellaneous
22M Refusing vegetation clearing application after conviction for
vegetation clearing offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
16 Amendment of s 30 (Power to enter places) . . . . . . . . . . . . . . . . . . . . . . . . . 24
17 Amendment of s 33 (Issue of warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
18 Amendment of s 35 (Warrants--procedure before entry). . . . . . . . . . . . . . . 25
19 Amendment of s 55 (Compliance notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
20 Insertion of new s 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
59A Impersonation of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . 25
21 Amendment of s 62 (Who may appeal). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
22 Amendment of s 67 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
23 Amendment of s 67A (Responsibility for unauthorised clearing of
vegetation) ............................................. 26
24 Insertion of new s 68D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
68D Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
25 Insertion of new ss 70A and 70B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
70A Application of development approvals and exemptions for
Forestry Act ...................................... 26
70B Record of development approvals and property maps of
assessable vegetation in land registry . . . . . . . . . . . . . . . . . . . . . . . . 27
26 Insertion of new pt 6, div hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
27 Insertion of new pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2--Transitional provisions for Vegetation Management and Other
Legislation Amendment Act 2004
75 What may be approved as codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
76 Existing applications (pre VACA) and development approvals . . . . . 29
77 Existing applications (pre VACA) and permits under the Land Act
1994 ............................................ 29
78 Existing applications (post VACA) under the Land Act 1994 . . . . . . 30
79 When the Land Act 1994 continues to apply . . . . . . . . . . . . . . . . . . . 30
80 Modifying effect of Planning Act for owner's consent . . . . . . . . . . . 31
28 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
PART 3--AMENDMENT OF INTEGRATED PLANNING ACT 1997
29 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4
Vegetation Management and Other Legislation
Amendment Bill 2004
30 Amendment of s 1.3.5 (Definitions for terms used in "development"). . . . . 36
31 Insertion of new ch 6, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 3--TRANSITIONAL PROVISION FOR VEGETATION
MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT
2004
6.3.1 Application of VMA for mining and petroleum activities. . . . . . . . . 37
32 Amendment of sch 8 (Assessable, self-assessable and exempt development) 37
33 Amendment of sch 10 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
PART 4--AMENDMENT OF INTEGRATED PLANNING AND
OTHER LEGISLATION AMENDMENT ACT 2003
34 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
35 Amendment of s 36 (Amendment of s 1.3.5 (Definitions for terms used
in "development")) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
36 Amendment of s 109 (Replacement of sch 8 (Assessable,
self-assessable and exempt development)) . . . . . . . . . . . . . . . . . . . . . . . . . . 47
37 Amendment of s 110 (Amendment of sch 10 (Dictionary)) . . . . . . . . . . . . . 51
PART 5--AMENDMENT OF LAND ACT 1994
38 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
39 Omission of ch 5, pt 6 (Tree management) . . . . . . . . . . . . . . . . . . . . . . . . . . 55
40 Amendment of s 400 (Power to enter land, generally) . . . . . . . . . . . . . . . . . 55
41 Omission of ch 7, pt 1, div 4 (Monitoring and enforcement powers for
tree clearing provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
42 Replacement of s 431C (Further evidentiary aids) . . . . . . . . . . . . . . . . . . . . 56
431C Further evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART 6--MISCELLANEOUS
43 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
44 Minor amendments of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 58
MINOR AMENDMENTS
INTEGRATED PLANNING ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
INTEGRATED PLANNING AND OTHER LEGISLATION
AMENDMENT ACT 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
5
Vegetation Management and Other Legislation
Amendment Bill 2004
MINERAL RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
VEGETATION MANAGEMENT ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . 61
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 64
MINOR AMENDMENTS FOR COMMENCEMENT OF
INTEGRATED PLANNING AND OTHER LEGISLATION
AMENDMENT ACT 2003
VEGETATION MANAGEMENT ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . 64
2004
A BILL
FOR
An Act to amend legislation about vegetation management, and for
other purposes
s1 8 s6
Vegetation Management and Other Legislation
Amendment Bill 2004
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Vegetation Management and Other 4
Legislation Amendment Act 2004. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF VEGETATION 8
MANAGEMENT ACT 1999 9
3 Act amended in pt 2
Clause 10
This part amends the Vegetation Management Act 1999. 11
4 Amendment of title
Clause 12
Title, `on freehold land'-- 13
omit. 14
5 Omission of s 2 (Commencement)
Clause 15
Section 2-- 16
omit. 17
6 Replacement of s 3 (Purposes of Act)
Clause 18
Section 3-- 19
s6 9 s6
Vegetation Management and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`3 Purpose of Act 2
`(1) The purpose of this Act is to regulate the clearing of vegetation in a 3
way that-- 4
(a) conserves the following-- 5
(i) remnant endangered regional ecosystems; 6
(ii) remnant of concern regional ecosystems; 7
(iii) remnant not of concern regional ecosystems; and 8
(b) conserves vegetation in declared areas;1 and 9
(c) ensures the clearing does not cause land degradation; and 10
(d) prevents the loss of biodiversity; and 11
(e) maintains ecological processes; and 12
(f) manages the environmental effects of the clearing to achieve the 13
matters mentioned in paragraphs (a) to (e); and 14
(g) reduces greenhouse gas emissions. 15
`(2) The purpose is achieved mainly by providing for-- 16
(a) codes for the Planning Act relating to the clearing of vegetation 17
that are applicable codes for the assessment of vegetation 18
clearing applications under IDAS; and 19
(b) the enforcement of vegetation clearing provisions; and 20
(c) declared areas; and 21
(d) a framework for decision making that, in achieving this Act's 22
purpose in relation to subsection (1)(a) to (e), applies the 23
precautionary principle that lack of full scientific certainty 24
should not be used as a reason for postponing a measure to 25
prevent degradation of the environment if there are threats of 26
serious or irreversible environmental damage; and 27
(e) the phasing out of broadscale clearing of remnant vegetation by 28
31 December 2006. 29
1 For declared areas, see sections 17 and 18.
s7 10 s8
Vegetation Management and Other Legislation
Amendment Bill 2004
`(3) In this section-- 1
"environment" includes-- 2
(a) ecosystems and their constituent parts including people and 3
communities; and 4
(b) all natural and physical resources; and 5
(c) those qualities and characteristics of locations, places and areas, 6
however large or small, that contribute to their biological 7
diversity and integrity, intrinsic or attributed scientific value or 8
interest, amenity, harmony and sense of community; and 9
(d) the social, economic, aesthetic and cultural conditions affecting 10
the matters in paragraphs (a) to (c) or affected by those matters.'. 11
7 Amendment of s 7 (Application of Act)
Clause 12
(1) Section 7(1)-- 13
omit, insert-- 14
`(1) This Act applies to all clearing of vegetation other than vegetation 15
on-- 16
(a) a forest reserve under the Nature Conservation Act 1992; or 17
(b) a protected area under the Nature Conservation Act 1992, 18
section 28; or 19
(c) an area declared as a state forest or timber reserve under the 20
Forestry Act 1959; or 21
(d) a forest entitlement area under the Land Act 1994.'. 22
(2) Section 7(8)-- 23
omit. 24
8 Replacement of s 8 (What is vegetation)
Clause 25
Section 8-- 26
omit, insert-- 27
`8 What is vegetation 28
`Vegetation is a native tree or plant other than the following-- 29
s9 11 s 10
Vegetation Management and Other Legislation
Amendment Bill 2004
(a) grass or non-woody herbage; 1
(b) a plant within a grassland regional ecosystem prescribed under a 2
regulation; 3
(c) a mangrove.'. 4
9 Amendment of s 10 (State policy for vegetation management)
Clause 5
(1) Section 10(1), `on freehold land'-- 6
omit. 7
(2) Section 10(2)(b)-- 8
omit. 9
10 Replacement of pt 2, div 3 (Regional vegetation management 10
plans)
Clause 11
Part 2, division 3-- 12
omit, insert-- 13
`Division 3--Regional vegetation management codes 14
`11 Minister must approve regional vegetation management codes 15
`(1) The Minister must approve codes for vegetation management for 16
regions of the State ("regional vegetation management codes"). 17
`(2) The codes must not be inconsistent with the State policy for 18
vegetation management mentioned in section 10. 19
`12 Preparing codes 20
`(1) Before approving a regional vegetation management code, the 21
Minister may seek appropriate public input in preparing a draft code. 22
`(2) Before approving the regional vegetation management code, the 23
Minister must give notice of the draft code. 24
`(3) The notice must-- 25
(a) be published in a newspaper the Minister considers appropriate; 26
and 27
s 10 12 s 10
Vegetation Management and Other Legislation
Amendment Bill 2004
(b) state the places where copies of the draft code-- 1
(i) may be inspected; or 2
(ii) may be bought, on payment of the reasonable fee decided 3
by the chief executive; and 4
(c) invite submissions on the draft code; and 5
(d) state a day by which submissions may be made on the contents of 6
the draft code. 7
`13 Minister must consider all properly made submissions 8
`Before approving a regional vegetation management code, the Minister 9
must consider all submissions on the code properly made under 10
section 12(3)(c). 11
`14 Publication of codes 12
`After the Minister has approved a regional vegetation management 13
code, the chief executive must-- 14
(a) publish notice of the code in a newspaper the chief executive 15
considers appropriate; and 16
(b) keep a copy of the code available for inspection-- 17
(i) at the department's head office and regional offices at all 18
times when the offices are open for the transaction of public 19
business; and 20
(ii) on the department's web site on the Internet; and 21
(c) on payment by a person of the reasonable fee decided by the 22
chief executive, give a copy of the code to the person. 23
`15 Minor or stated amendments of regional vegetation management 24
code 25
`Despite sections 11 to 14, the Minister may amend a regional vegetation 26
management code without complying with those sections if-- 27
(a) the amendment is only to correct a minor error in the code, or 28
make another change that is not a change of substance; or 29
s 11 13 s 11
Vegetation Management and Other Legislation
Amendment Bill 2004
(b) the code states that an amendment of a stated type may be made 1
to the code by amendment under this section and the amendment 2
is of the stated type.'. 3
11 Replacement of s 16 (Preparing declaration)
Clause 4
Section 16-- 5
omit, insert-- 6
`16 Preparing declaration 7
`(1) The Minister may prepare a declaration that a stated area is-- 8
(a) an area of high nature conservation value; or 9
(b) an area vulnerable to land degradation. 10
`(2) Also, a person may request the Minister to prepare a declaration 11
mentioned in subsection (1). 12
`(3) The proposed declaration must include a proposed code for the 13
clearing of vegetation in the stated area. 14
`(4) The Minister must consult with the following entities in preparing 15
the declaration-- 16
(a) an advisory committee established to advise the Minister about 17
vegetation management; 18
(b) each local government whose area is affected by the declaration. 19
`(5) The Minister must give each owner of land that is in the stated area 20
a written notice inviting the owner to make a submission about the 21
proposed declaration. 22
`(6) The Minister must also give notice of the proposed declaration. 23
`(7) The notice must-- 24
(a) be published in a newspaper the Minister considers appropriate; 25
and 26
(b) state the places where copies of the proposed declaration may be 27
inspected; and 28
(c) invite submissions on the proposed declaration; and 29
(d) state a day by which submissions may be made on the proposed 30
declaration.'. 31
s 12 14 s 14
Vegetation Management and Other Legislation
Amendment Bill 2004
12 Amendment of s 17 (Making declaration)
Clause 1
(1) Section 17(2), after `declared area'-- 2
insert-- 3
`(a "declared area code")'. 4
(2) Section 17(3)-- 5
omit. 6
13 Amendment of s 19 (Criteria for declarations)
Clause 7
(1) Section 19(1) and (2), `declare, or provide for'-- 8
omit, insert-- 9
`make an interim declaration of, or prepare'. 10
(2) Section 19(1)(d)-- 11
omit. 12
(3) Section 19-- 13
insert-- 14
`(3) An area declared under subsection (1) or (2) may include an area of 15
regrowth vegetation.'. 16
14 Replacement of pt 2, div 5 (Declarations about codes for IDAS)
Clause 17
Part 2, division 5-- 18
omit, insert-- 19
`Division 5--Declarations about codes 20
`20 IDAS codes for the clearing of vegetation 21
`(1) A regional vegetation management code for a region is-- 22
(a) a code for IDAS for a vegetation clearing application for land in 23
the region; and 24
(b) an applicable code for the clearing of vegetation in the region. 25
`(2) A code for a declared area is-- 26
s 14 15 s 14
Vegetation Management and Other Legislation
Amendment Bill 2004
(a) a code for IDAS for a vegetation clearing application for land in 1
the area; and 2
(b) an applicable code for the clearing of vegetation in the area. 3
`(3) To the extent that a regional vegetation management code for a 4
region that includes a declared area is inconsistent with the declared area 5
code for the declared area, the declared area code prevails. 6
`20A Forest practice codes 7
`(1) If the Minister has approved a code applying to native forest 8
practice, native forest practice must be conducted in the way required by 9
the code. 10
`(2) A person who conducts a native forest practice must give the chief 11
executive a notice in the approved form stating the location of the native 12
forest practice. 13
`(3) The approved form must be given-- 14
(a) for a native forest practice starting after 31 December 15
2004--before the practice starts; or 16
(b) in any other case--before 1 January 2005. 17
`Division 5A--Property map of assessable vegetation 18
`20B When chief executive may make property map of assessable 19
vegetation 20
`(1) The chief executive may make a property map of assessable 21
vegetation for an area if-- 22
(a) a development approval for the area has been given for-- 23
(i) fodder harvesting; or 24
(ii) thinning; or 25
(iii) clearing of encroachment; or 26
(iv) control of non-native plants or declared pests; or 27
(v) control of regrowth on leases issued under the Land Act 28
1994 for agriculture or grazing purposes; or 29
s 14 16 s 14
Vegetation Management and Other Legislation
Amendment Bill 2004
(b) the area becomes a declared area; or 1
(c) the chief executive has been notified that the area is subject to a 2
native forest practice; or 3
(d) the area-- 4
(i) contains forest products under the Forestry Act 1959; and 5
(ii) has been defined by agreement with the chief executive 6
responsible for administering the Forestry Act 1959, as an 7
area in which the State has an interest in commercial timber; 8
or 9
(e) the area has been unlawfully cleared; or 10
(f) the area is subject to any of the following notices containing 11
conditions about the restoration of vegetation-- 12
(i) a compliance notice; 13
(ii) an enforcement notice under the Planning Act; or 14
(g) the area has been cleared of native vegetation and in relation to 15
the clearing a person has been found guilty by a court, whether or 16
not a conviction has been recorded, of an offence under the 17
Forestry Act 1959, the Nature Conservation Act 1992 or the 18
Environmental Protection Act 1994. 19
`(2) In this section-- 20
"unlawfully cleared" includes clearing of vegetation by a person in 21
contravention of a tree clearing provision under the Land Act 1994, as 22
in force before the commencement of the Vegetation Management and 23
Other Legislation Amendment Act 2004, section 3. 24
`20C When owner may apply for property map of assessable 25
vegetation 26
`(1) An owner of land may apply to the chief executive for the making of 27
a property map of assessable vegetation for the land or part of the land. 28
`(2) The application must be in the approved form and state the 29
information prescribed under a regulation. 30
`(3) If the applicant and the chief executive agree to the making of the 31
map, the chief executive must make the map. 32
s 14 17 s 14
Vegetation Management and Other Legislation
Amendment Bill 2004
`20D When maps may be replaced 1
`(1) The chief executive may replace a property map of assessable 2
vegetation for an area (the "previous area") with a new property map of 3
assessable vegetation. 4
`(2) The new map may apply to-- 5
(a) part or all of the previous area; or 6
(b) part or all of the previous area and another area. 7
`(3) Subsection (1) applies only-- 8
(a) if a matter mentioned in section 20B occurs in relation to an area 9
mentioned in subsection (2); or 10
(b) to reflect a change to an endangered, of concern or not of concern 11
regional ecosystem in an area mentioned in subsection (2);2 or 12
(c) for a matter other than a matter mentioned in paragraphs (a) 13
and (b) if an owner of the land included in the map agrees to the 14
replacement. 15
`20E When maps may be revoked 16
`(1) The chief executive may revoke a property map of assessable 17
vegetation for an area if-- 18
(a) for a map made under section 20B(1)(a)--the area is shown on a 19
regional ecosystem map or remnant map as remnant vegetation 20
and the approval for clearing the area has expired; or 21
(b) for a map made under section 20B(1)(c)--the area is shown on a 22
regional ecosystem map or remnant map as remnant vegetation 23
and the chief executive has been notified that the area is no 24
longer subject to a native forest practice; or 25
(c) for a map made under section 20B(1)(d)--the area is shown on a 26
regional ecosystem map or remnant map as remnant vegetation 27
and the chief executive responsible for administering the Forestry 28
Act 1959 has advised that the State no longer has an interest in 29
commercial timber in the area; or 30
2 A change may only be made by amending the Vegetation Management Regulation
2000.
s 15 18 s 15
Vegetation Management and Other Legislation
Amendment Bill 2004
(d) for a map made under section 20B(1)(e), (f) or (g)--the area is 1
shown on a regional ecosystem map or remnant map as remnant 2
vegetation. 3
`(2) Also, the chief executive may revoke a property map of assessable 4
vegetation made under section 20C(3) if the owner of the land agrees to the 5
revocation. 6
`20F Copies of maps to be available 7
`(1) If a property map of assessable vegetation is made or replaced, a 8
copy must be given, free of charge, to each owner of land that is included in 9
the map. 10
`(2) The chief executive must, on payment by a person of the reasonable 11
fee decided by the chief executive, give a copy of the map to the person. 12
`20G Owners to be advised of revocation of maps 13
`If a property map of assessable vegetation is revoked, the chief 14
executive must give each owner of land that is included in the map written 15
notice of the revocation and the reasons for the revocation.'. 16
15 Replacement of s 22A (Refusing development application after 17
conviction for vegetation clearing offence)
Clause 18
Section 22A-- 19
omit, insert-- 20
`22A Particular vegetation clearing applications may be assessed 21
`(1) Despite the Planning Act, section 3.2.13, if a vegetation clearing 22
application is not for a relevant purpose under this section-- 23
(a) the application is taken, for the Planning Act, not to be a properly 24
made application; and 25
(b) the assessment manager must refuse to receive the application. 26
3 Planning Act, section 3.2.1 (Applying for development approval)
s 15 19 s 15
Vegetation Management and Other Legislation
Amendment Bill 2004
`(2) A vegetation clearing application is for a relevant purpose under this 1
section if the applicant satisfies the chief executive that the development 2
applied for is-- 3
(a) a project declared to be a significant project under the State 4
Development and Public Works Organisation Act 1971, 5
section 26; or 6
(b) necessary to control non-native plants or declared pests; or 7
(c) to ensure public safety; or 8
(d) for establishing a necessary fence, firebreak, road or other built 9
infrastructure, if there is no suitable alternative site for the fence, 10
firebreak, road or infrastructure; or 11
(e) a natural and ordinary consequence of other assessable 12
development for which a development approval as defined under 13
the Planning Act was given, or a development application as 14
defined under the Planning Act was made, before 16 May 2003; 15
or 16
(f) for fodder harvesting; or 17
(g) for thinning; or 18
(h) for clearing of encroachment; or 19
(i) for an extractive industry; or 20
(j) for clearing regrowth on leases issued under the Land Act 1994 21
for agriculture or grazing purposes. 22
`(3) In this section-- 23
"extractive industry" means 1 or more of the following-- 24
(a) dredging material from the bed of any waters; 25
(b) extracting rock, sand, clay, gravel, loam or other material, from a 26
pit or quarry; 27
(c) screening, washing, grinding, milling, sizing or separating 28
material extracted from a pit or quarry. 29
s 15 20 s 15
Vegetation Management and Other Legislation
Amendment Bill 2004
`22B Modifying Planning Act effect for delegations and appointment 1
of referees 2
`(1) For a vegetation clearing application for which the chief executive is 3
the assessment manager, the Planning Act, sections 4.2.36(1) and 5.8.1A 4
apply as if a reference to the Minister in those sections were a reference to 5
the Minister for this Act. 6
`(2) For a vegetation clearing application for which the chief executive is 7
the assessment manager, the Planning Act, chapter 4, part 2 applies as if a 8
reference to the chief executive in that part were a reference to the chief 9
executive for this Act. 10
`22C Modifying Planning Act effect of appeal rights on ongoing 11
applications (assessment manager) 12
`(1) This section applies for an ongoing application if the chief executive 13
is the assessment manager for the application. 14
`(2) An appeal about an application for which this section applies may 15
only be made to a tribunal under the Planning Act, section 4.2.9. 16
`(3) However, an appeal, other than for a deemed refusal, may not be 17
made unless the applicant has made representations about the matter.4 18
`(4) The representations may also be about a refusal. 19
`(5) The Planning Act, section 3.5.17, applies for the representations, 20
including representations about a refusal. 21
`22D Modifying Planning Act effect of appeal rights on ongoing 22
applications (concurrence agency) 23
`(1) This section applies for an ongoing application if the chief executive 24
is a concurrence agency for the application. 25
`(2) Before an appeal may be made in relation to the application, the 26
applicant must make representations under the Planning Act, section 3.5.9 27
about the matter being appealed. 28
4 See the Planning Act, section 3.5.17 (Changing conditions and other matters during
the applicant's appeal period).
s 15 21 s 15
Vegetation Management and Other Legislation
Amendment Bill 2004
`Division 7--Broadscale applications and ballots 1
`22E Application of div 7 2
`This division applies for a broadscale application. 3
`22F Exception to s 22A(1) 4
`(1) Section 22A(1) does not apply to a broadscale application if the 5
application is-- 6
(a) only for land in a single region prescribed under 7
section 22G(1)(a); and 8
(b) properly made during the ballot application period. 9
`(2) The chief executive must, for each region of the State for which a 10
ballot must be conducted, conduct a ballot for all broadscale applications 11
for that region that comply with subsection (1). 12
`(3) If, during the ballot application period, another broadscale 13
application mentioned in subsection (1) is made for clearing land already 14
included in a ballot, section 22A(1) applies to the other application to the 15
extent the other application includes land already included in a ballot. 16
`22G Regions and ballots 17
`(1) A regulation may prescribe-- 18
(a) the regions of the State for which a ballot must be conducted; and 19
(b) the way, and the time at which, each ballot must be conducted; 20
and 21
(c) the clearing allocation for each region; and 22
(d) the matters a broadscale application must contain. 23
`(2) The purpose of conducting the ballot for a region is to decide the 24
priority in which applications included in the ballot will be assessed under 25
subsection (3) for receiving part of the clearing allocation for the region 26
until the allocation is exhausted. 27
`(3) After the ballot for a region is conducted-- 28
s 15 22 s 15
Vegetation Management and Other Legislation
Amendment Bill 2004
(a) the applications for the ballot must be assessed in their priority 1
against the regional vegetation management codes; and 2
(b) subject to the finalisation of any appeals, development approvals 3
may be given only until the clearing allocation for the region is 4
exhausted. 5
`(4) When the clearing allocation for a region has been exhausted, any 6
applications not assessed from the ballot for the region must be refused and 7
need not be assessed, despite the Planning Act, section 3.5.13. 8
`22H Modifying Planning Act effect on changing broadscale 9
application 10
`Despite the Planning Act, a broadscale application included in the ballot 11
for a region-- 12
(a) may only be changed under the Planning Act, section 3.2.9(1) 13
until 20 business days after an information request has been 14
made for the application; and 15
(b) can not be changed after the ballot application period has ended 16
in a way that increases the area proposed to be cleared. 17
`22I Modifying Planning Act time frames 18
`For a broadscale application included in the ballot for a region, each of 19
the following sections of the Planning Act applies as if-- 20
(a) in section 3.3.6(4), there were no time limit within which the 21
assessment manager must make the request; and 22
(b) in section 3.3.8, if the applicant did not respond within 20 23
business days, the assessment manager may assess the 24
application as if the applicant had sent a notice under the 25
Planning Act, section 3.3.8(1)(c); and 26
(c) in section 3.5.7(1), there were no time limit within which the 27
assessment manager must decide the application; and 28
(d) in section 3.5.18(3) and (4), the period were 10 business days; 29
and 30
(e) in section 4.2.9(2), the period were 10 business days. 31
s 15 23 s 15
Vegetation Management and Other Legislation
Amendment Bill 2004
`22J Modifying Planning Act effect on changing development approval 1
`Despite the Planning Act, a development approval for the application 2
can not be changed to extend the currency period. 3
`22K Modifying Planning Act effect of appeal rights on broadscale 4
applications 5
`(1) Subject to section 22L(c), an appeal may only be made to a tribunal 6
under the Planning Act, section 4.2.9. 7
`(2) However, an appeal, other than for a deemed refusal, may not be 8
made unless the applicant has made representations about the matter.5 9
`(3) The representations may also be about a refusal. 10
`(4) The Planning Act, section 3.5.17, applies for the representations, 11
including representations about a refusal. 12
`22L Appeals 13
`A person can not appeal under any Act against-- 14
(a) the ballot process or result; or 15
(b) a refusal under section 22G(4); or 16
(c) the length of the currency period; or 17
(d) the decision of a tribunal.6 18
`Division 8--Miscellaneous 19
`22M Refusing vegetation clearing application after conviction for 20
vegetation clearing offence 21
`(1) The assessment manager may refuse a vegetation clearing 22
application if-- 23
5 See the Planning Act, section 3.5.17 (Changing conditions and other matters during
the applicant's appeal period).
6 See the Planning Act, section 4.1.37 (Appeals from tribunals).
s 16 24 s 17
Vegetation Management and Other Legislation
Amendment Bill 2004
(a) the applicant has been convicted of a vegetation clearing offence 1
in the relevant period, regardless of whether the offence was 2
committed before the relevant period; or 3
(b) the owner of the land has been convicted of a vegetation clearing 4
offence in the relevant period, regardless of whether the offence 5
was committed before the relevant period. 6
`(2) Subsection (1) does not limit the grounds on which the assessment 7
manager may refuse the application under the Planning Act. 8
`(3) In this section-- 9
"conviction" includes a finding of guilt or the acceptance of a plea of 10
guilty by a court, whether or not a conviction is recorded. 11
"relevant period" means-- 12
(a) for an application made before 28 March 2008--the period from 13
28 March 2003 until the application is made; or 14
(b) for an application made on or after 28 March 2008--the period 15
of 5 years immediately before the application is made. 16
"vegetation clearing offence" includes a tree clearing offence under the 17
Land Act 1994, as in force before the commencement of the 18
Vegetation Management and Other Legislation Amendment Act 2004, 19
section 3.'. 20
16 Amendment of s 30 (Power to enter places)
Clause 21
Section 30(1)(ba)(i)-- 22
insert-- 23
`(AA)a lease, licence or permit under the Land Act 1994; 24
or'. 25
17 Amendment of s 33 (Issue of warrant)
Clause 26
(1) Section 33(2)(a), `that a'-- 27
omit, insert-- 28
`that any authorised officer or'. 29
(2) Section 33-- 30
s 18 25 s 21
Vegetation Management and Other Legislation
Amendment Bill 2004
insert-- 1
`(3) The warrant may, as well as authorising entry of the place, authorise 2
re-entry by stating it on the warrant. 3
`(4) A provision of this part applying to entry authorised under a warrant 4
is taken also to apply to any re-entry authorised under the warrant.'. 5
18 Amendment of s 35 (Warrants--procedure before entry)
Clause 6
Section 35(1)-- 7
omit, insert-- 8
`(1) This section applies if an authorised officer is intending to enter a 9
place under a warrant issued under this division.'. 10
19 Amendment of s 55 (Compliance notice)
Clause 11
Section 55(4), penalty, `100'-- 12
omit, insert-- 13
`1 665'. 14
20 Insertion of new s 59A
Clause 15
After section 59-- 16
insert-- 17
`59A Impersonation of authorised officer 18
`A person must not pretend to be an authorised officer. 19
Maximum penalty--50 penalty units.'. 20
21 Amendment of s 62 (Who may appeal)
Clause 21
Section 62-- 22
insert-- 23
`(2) The appeal must be made within 20 business days after the day the 24
compliance notice is issued.'. 25
s 22 26 s 25
Vegetation Management and Other Legislation
Amendment Bill 2004
22 Amendment of s 67 (Evidentiary aids)
Clause 1
Section 67(1)(a)-- 2
insert-- 3
`(ix) a property map of assessable vegetation;'. 4
23 Amendment of s 67A (Responsibility for unauthorised clearing of 5
vegetation)
Clause 6
Section 67A(2)-- 7
omit, insert-- 8
`(2) In this section-- 9
"occupier", of land, includes-- 10
(a) for freehold land--the registered owner; or 11
(b) for a lease, license or permit under the Land Act 1994--the 12
lessee, licensee or permittee; or 13
(c) for indigenous land--the holder of title to the land; or 14
(d) for any tenure under any other Act--the holder of the tenure.'. 15
24 Insertion of new s 68D
Clause 16
Part 5, before section 69-- 17
insert-- 18
`68D Approved forms 19
`The chief executive may approve forms for use under this Act.'. 20
25 Insertion of new ss 70A and 70B
Clause 21
After section 70-- 22
insert-- 23
`70A Application of development approvals and exemptions for 24
Forestry Act 25
`(1) If a development approval is given in relation to a forest product on 26
forestry land, the approval is taken to be, for the Forestry Act 1959, 27
s 25 27 s 25
Vegetation Management and Other Legislation
Amendment Bill 2004
section 53, a permit, lease, licence, agreement or contract required under 1
that section. 2
`(2) If a development approval is given in relation to a forest product on 3
forestry land, the approval is taken to be, for the Forestry Act 1959, 4
section 54, the authority of another Act. 5
`(3) If the clearing of remnant vegetation on forestry land does not 6
involve the removal of a species prescribed under a regulation and the 7
clearing falls within 1 or more of the exemptions listed in the Planning Act 8
schedule 8, part 1, items 3AA to 3AG, the clearing is taken to be authorised 9
under the Forestry Act 1959, section 53 or 54. 10
`(4) If the clearing of vegetation, that is not remnant vegetation, on 11
forestry land falls within 1 or more of the exemptions listed in the Planning 12
Act schedule 8, part 1, items 3AA to 3AG, the clearing is taken to be 13
authorised under the Forestry Act 1959, section 53 or 54. 14
`(5) To remove doubt, it is declared that subsections (3) and (4) only 15
authorise the use of a forest product cleared if the clearing is-- 16
(a) on land subject to a lease issued under the Land Act 1994 for 17
agriculture or grazing purposes; and 18
(b) to source construction timber to repair existing infrastructure on 19
the land, if-- 20
(i) the infrastructure is in need of immediate repair; and 21
(ii) the clearing does not cause land degradation; and 22
(iii) restoration of a similar type, and to the extent of the 23
removed trees, is ensured. 24
`(6) In this section-- 25
"forestry land" means land to which the Forestry Act 1959, section 53 26
or 54 applies. 27
`70B Record of development approvals and property maps of 28
assessable vegetation in land registry 29
`(1) This section applies if-- 30
(a) a development approval is issued; or 31
(b) a property map of assessable vegetation is made. 32
s 26 28 s 27
Vegetation Management and Other Legislation
Amendment Bill 2004
`(2) As soon as practicable after the approval is issued or the map is 1
made, the chief executive must give the registrar of titles written notice of 2
the approval or the map. 3
`(3) The registrar must keep records showing the approval has been 4
issued or the map has been made. 5
`(4) The registrar must keep the records in a way that a search of the 6
register kept by the registrar under any Act relating to title to the land the 7
subject of the approval or map will show the approval has been issued or 8
the map has been made. 9
`(5) If the approval is cancelled under the Planning Act, section 3.5.26, 10
or the map is replaced or revoked, the chief executive must give written 11
notice of the fact to the registrar. 12
`(6) As soon as practicable after receiving the notice, the registrar must 13
adjust or remove the particulars of the approval or map from the registrar's 14
records.'. 15
26 Insertion of new pt 6, div hdg
Clause 16
Part 6, before section 73-- 17
insert-- 18
`Division 1--Transitional provisions for Act No. 90 of 1999'. 19
27 Insertion of new pt 6, div 2
Clause 20
After section 74-- 21
insert-- 22
`Division 2--Transitional provisions for Vegetation Management and 23
Other Legislation Amendment Act 2004 24
`75 What may be approved as codes 25
`(1) This section applies if before the commencement of this section-- 26
(a) the Minister prepared a regional vegetation management plan 27
under section 12, as in force before the commencement; and 28
(b) the Minister consulted on the plan under section 13, as in force 29
before the commencement; and 30
s 27 29 s 27
Vegetation Management and Other Legislation
Amendment Bill 2004
(c) part of the plan was identified as a code for the clearing of 1
vegetation; and 2
(d) the plan had not been made under section 15, as in force before 3
the commencement. 4
`(2) The Minister may approve the part of the plan identified as a code 5
for the clearing of vegetation as a regional vegetation management code. 6
`(3) Before approving the part under subsection (2), the Minister may 7
amend the part in any way the Minister could have amended the part under 8
section 15, as in force immediately before the commencement. 9
`76 Existing applications (pre VACA) and development approvals 10
`(1) Despite the Planning Act-- 11
(a) an existing application (pre VACA)7 can not be changed in any 12
way that increases the area proposed to be cleared; and 13
(b) the development approval for the application can not be changed 14
in any way that increases the area approved for the clearing of 15
vegetation or extends the currency period. 16
`(2) An existing application (pre VACA) must be dealt with as if the 17
Vegetation Management and Other Legislation Amendment Act 2004 had 18
not commenced. 19
`(3) In this section-- 20
"existing application (pre VACA)" means a development application, as 21
defined under the Planning Act, involving the clearing of vegetation 22
and made before midday 16 May 2003. 23
`77 Existing applications (pre VACA) and permits under the Land Act 24
1994 25
`(1) An existing application (pre VACA) must be dealt with under the 26
Land Act 1994, as in force immediately before the commencement of the 27
Vegetation Management and Other Legislation Amendment Act 2004, 28
section 3. 29
7 References to VACA relate to the Vegetation (Application for Clearing) Act 2003.
s 27 30 s 27
Vegetation Management and Other Legislation
Amendment Bill 2004
`(2) Despite subsection (1)-- 1
(a) the application can not be changed in any way that increases the 2
area of the proposed tree clearing; and 3
(b) the tree clearing permit issued for the application can not be 4
changed in any way that-- 5
(i) increases the area permitted to be cleared; or 6
(ii) extends the term of the permit. 7
`(3) In this section-- 8
"existing application (pre VACA)" means an application for a tree 9
clearing permit, made before midday 16 May 2003 under the Land Act 10
1994, chapter 5, part 6, as in force at that time. 11
`78 Existing applications (post VACA) under the Land Act 1994 12
`(1) An existing application (post VACA) must be dealt with under the 13
Land Act 1994, as in force immediately before the commencement of the 14
Vegetation Management and Other Legislation Amendment Act 2004, 15
section 3. 16
`(2) In this section-- 17
"existing application (post VACA)" means an application for a tree 18
clearing permit made on or after midday 16 May 2003 under the Land 19
Act 1994, chapter 5, part 6, as in force at that time. 20
`79 When the Land Act 1994 continues to apply 21
`(1) The Land Act 1994, as in force immediately before the 22
commencement of the Vegetation Management and Other Legislation 23
Amendment Act 2004, section 3, continues to apply for tree clearing 24
permits issued under the Land Act 1994 or as a result of an application 25
dealt with under section 77 or 78. 26
`(2) The Land Act 1994, as in force immediately before the 27
commencement of the Vegetation Management and Other Legislation 28
Amendment Act 2004, section 3, continues to apply for monitoring, 29
enforcing compliance with or the prosecution of an offence against a tree 30
clearing provision under the Land Act 1994, as in force immediately before 31
the commencement. 32
s 28 31 s 28
Vegetation Management and Other Legislation
Amendment Bill 2004
`80 Modifying effect of Planning Act for owner's consent 1
`(1) This section applies to a vegetation clearing application, but only 2
until the commencement of the Integrated Planning and Other Legislation 3
Amendment Act 2003, section 49. 4
`(2) For applying the Planning Act, section 3.2.1(3)(a)(ii), the owner of 5
the land, the subject of the application, is taken to be the owner of the land 6
under this Act.'. 7
28 Amendment of sch (Dictionary)
Clause 8
(1) Schedule, definitions "area of unlawfully cleared vegetation", 9
"clear", "destroy", "development application", "development approval", 10
"forest practice", "freeholding lease", "freehold land", "regional vegetation 11
management plan" and "vegetation clearing provision"-- 12
omit. 13
(2) Schedule-- 14
insert-- 15
` "approved form" means a form approved by the chief executive under 16
section 68D. 17
"ballot application period" means the period notified by the Minister in 18
the gazette as the ballot application period. 19
"broadscale application" means a vegetation clearing application that-- 20
(a) does not include any other development; and 21
(b) is not for a relevant purpose under section 22A. 22
"category 1 area" means an area that-- 23
(a) is an endangered regional ecosystem; or 24
(b) was an endangered regional ecosystem when the chief executive 25
was notified of a native forest practice in the area or when an 26
approval was given for an ongoing application for the area; or 27
(c) contains vegetation that, at the time of the notification or 28
approval, was a not of concern regional ecosystem or an of 29
concern regional ecosystem, but would, at the time a property 30
map of assessable vegetation for the area is replaced, be 31
considered an endangered regional ecosystem; or 32
s 28 32 s 28
Vegetation Management and Other Legislation
Amendment Bill 2004
(d) is a declared area; or 1
(e) has been unlawfully cleared. 2
"category 2 area" means an area that-- 3
(a) is an of concern regional ecosystem; or 4
(b) was an of concern regional ecosystem when the chief executive 5
was notified of a native forest practice in the area or when an 6
approval was given for an ongoing application for the area; or 7
(c) contains vegetation that, at the time of the notification or 8
approval, was a not of concern regional ecosystem or an 9
endangered regional ecosystem, but would, at the time a property 10
map of assessable vegetation for the area is replaced, be 11
considered an of concern regional ecosystem. 12
"category 3 area" means an area that-- 13
(a) is a not of concern regional ecosystem; or 14
(b) was a not of concern regional ecosystem when the chief 15
executive was notified of a native forest practice in the area or 16
when an approval was given for an ongoing application for the 17
area; or 18
(c) contains vegetation that, at the time of the notification or 19
approval, was an of concern regional ecosystem or an 20
endangered regional ecosystem, but would, at the time a property 21
map of assessable vegetation for the area is replaced, be 22
considered a not of concern regional ecosystem. 23
"category 4 area" means an area that-- 24
(a) is a lease issued under the Land Act 1994 for agriculture or 25
grazing purposes; and 26
(b) was cleared of vegetation before 31 December 1989; and 27
(c) does not contain remnant vegetation at the time the property map 28
of assessable vegetation for the area is made or replaced. 29
"category X area" means an area that-- 30
(a) did not contain remnant vegetation at the time the first property 31
map of assessable vegetation was made for that area; and 32
(b) is not a declared area. 33
s 28 33 s 28
Vegetation Management and Other Legislation
Amendment Bill 2004
"clear", for vegetation-- 1
(a) means remove, cut down, ringbark, push over, poison or destroy 2
in any way including by burning, flooding or draining; but 3
(b) does not include destroying standing vegetation by stock, or 4
lopping a tree. 5
"clearing allocation", for a region, means the total area of the region for 6
which broadscale applications may be approved. 7
"currency period" means the currency period as worked out under the 8
Planning Act, section 3.5.21.8 9
"declared area" means an area declared under section 17 or 18. 10
"declared area code" see section 17(2). 11
"declared pest" means a declared pest under the Land Protection (Pest 12
and Stock Route Management) Act 2002. 13
"deemed refusal" means a deemed refusal as defined under the Planning 14
Act. 15
"development approval" means a development approval under the 16
Planning Act for a vegetation clearing application. 17
"encroachment" means a woody species that has invaded an area of a 18
grassland regional ecosystem to an extent the area is no longer 19
consistent with the description of the regional ecosystem. 20
"forest practice"-- 21
1. "Forest practice" means planting trees, or managing, felling and 22
removing standing trees, on freehold land, for an ongoing 23
forestry business in a-- 24
(a) plantation; or 25
(b) native forest, if, in the native forest-- 26
(i) all the activities are conducted in a way that is 27
consistent with a code applying to a native forest 28
practice; or 29
(ii) if there is no code, the all activities are conducted in a 30
way that-- 31
8 Planning Act, section 3.5.21 (When approval lapses)
s 28 34 s 28
Vegetation Management and Other Legislation
Amendment Bill 2004
(A) ensures restoration of a similar type, and to the 1
extent, of the removed trees; and 2
(B) ensures trees are only felled for the purpose of 3
being sawn into timber or processed into another 4
value added product (other than woodchips for an 5
export market); and 6
(C) does not cause land degradation. 7
2. The term includes carrying out limited associated work, 8
including, for example, drainage, road construction and 9
maintenance, and other necessary engineering works. 10
3. The term does not include clearing vegetation for the initial 11
establishment of a plantation. 12
"freehold land" includes land in a freeholding lease under the Land 13
Act 1994. 14
"grassland regional ecosystem" means a regional ecosystem prescribed 15
under a regulation as a grassland regional ecosystem. 16
"indigenous land" means, for regulating the clearing of vegetation, land 17
held under a following Act by, or on behalf of or for the benefit of, 18
Aboriginal or Torres Strait Islander inhabitants or purposes-- 19
(a) the Local Government (Aboriginal Lands) Act 1978; 20
(b) the Aborigines and Torres Strait Islanders (Land Holding) Act 21
1985; 22
(c) the Aboriginal Land Act 1991; 23
(d) the Torres Strait Islander Land Act 1991; 24
(e) the Land Act 1994. 25
"information request" means an information request as defined under the 26
Planning Act. 27
"native forest practice" means a forest practice other than in a plantation. 28
"ongoing application" means a vegetation clearing application that is for a 29
relevant purpose under section 22A. 30
"owner", of land, includes-- 31
(a) for freehold land--the registered owner; or 32
s 28 35 s 28
Vegetation Management and Other Legislation
Amendment Bill 2004
(b) for a lease, license or permit under the Land Act 1994--the 1
lessee, licensee or permittee; or 2
(c) for indigenous land--the holder of title to the land; or 3
(d) for any tenure under any other Act--the holder of the tenure. 4
"property map of assessable vegetation" means a map-- 5
(a) certified by the chief executive as the property map of assessable 6
vegetation for a particular area; and 7
(b) maintained by the department for the purpose of showing, for the 8
area-- 9
(i) category 1 areas; and 10
(ii) category 2 areas; and 11
(iii) category 3 areas; and 12
(iv) category 4 areas; and 13
(v) category X areas; and 14
(c) showing areas subject to a remnant map or regional ecosystem 15
map for the area. 16
"regional vegetation management code" see section 11. 17
"thinning"-- 18
1. "Thinning" means the selective clearing of vegetation at a 19
locality to restore a regional ecosystem to the floristic 20
composition and range of densities typical of the regional 21
ecosystem at that locality. 22
2. The term does not include clearing using a chain or cable linked 23
between 2 tractors, bulldozers or other traction vehicles. 24
"unlawfully cleared" means cleared of vegetation by a person in 25
contravention of a vegetation clearing provision if the person-- 26
(a) has not contested an infringement notice given for the 27
contravention; or 28
(b) has been convicted of the contravention, whether or not the 29
conviction is recorded. 30
s 29 36 s 30
Vegetation Management and Other Legislation
Amendment Bill 2004
"vegetation clearing application" means a development application as 1
defined under the Planning Act that involves assessable development 2
mentioned in that Act, schedule 8, part 1, items 3AA to 3AG. 3
"vegetation clearing provision" means the Planning Act, section 4.3.1(1), 4
4.3.3(1), 4.3.4(1), 4.3.5 or 4.3.15(1)9 to the extent the provision relates 5
to the clearing of vegetation.'. 6
(3) Schedule, definition "regional ecosystem map", item 1(b)(v) 7
to (vii)-- 8
omit. 9
(4) Schedule, definition "remnant map", item 1(b)-- 10
omit, insert-- 11
`(b) maintained by the department for the purpose of showing, for the 12
area, areas of remnant vegetation.'. 13
PART 3--AMENDMENT OF INTEGRATED 14
PLANNING ACT 1997 15
29 Act amended in pt 3
Clause 16
This part amends the Integrated Planning Act 1997. 17
30 Amendment of s 1.3.5 (Definitions for terms used in 18
"development")
Clause 19
(1) Section 1.3.5, definition "operational work", paragraph (e), `not on 20
freehold land'-- 21
omit, insert-- 22
`to which VMA does not apply'. 23
9 Planning Act, section 4.3.1 (Carrying out assessable development without permit),
4.3.3 (Compliance with development approval), 4.3.4 (Compliance with identified
codes about use of premises), 4.3.5 (Carrying on unlawful use of premises) or 4.3.15
(Offences relating to enforcement notice)
s 31 37 s 32
Vegetation Management and Other Legislation
Amendment Bill 2004
(2) Section 1.3.5, definition "operational work", paragraph (f), `on 1
freehold land'-- 2
omit, insert-- 3
`to which VMA applies'. 4
31 Insertion of new ch 6, pt 3
Clause 5
After section 6.2.2-- 6
insert-- 7
`PART 3--TRANSITIONAL PROVISION FOR 8
VEGETATION MANAGEMENT AND OTHER 9
LEGISLATION AMENDMENT ACT 2004 10
`6.3.1 Application of VMA for mining and petroleum activities 11
`The following paragraph is taken to have been inserted in schedule 8, 12
part 1, item 3A on 15 September 2000 and had effect until the 13
commencement of this section-- 14
(g) a mining activity or a petroleum activity as defined under the 15
Environmental Protection Act 1994.'. 16
32 Amendment of sch 8 (Assessable, self-assessable and exempt 17
development)
Clause 18
(1) Schedule 8, part 1, item 3A-- 19
omit, insert-- 20
`3AA. Carrying out operational work that is the clearing of native 21
vegetation on freehold land and indigenous land, unless the clearing is-- 22
(a) the clearing of vegetation to which VMA does not apply; or 23
(b) for a native forest practice, other than on indigenous land on 24
which the State owns the trees; or 25
(c) to the extent necessary to build a single residence on a lot, the 26
building of which is approved under this Act, and any reasonably 27
associated building or structure; or 28
(d) necessary for essential management; or 29
s 32 38 s 32
Vegetation Management and Other Legislation
Amendment Bill 2004
(e) in an area shown on a property map of assessable vegetation as a 1
category X area; or 2
(f) in an area for which there is no property map of assessable 3
vegetation, and the vegetation is not remnant vegetation; or 4
(g) for urban purposes in an urban area that is-- 5
(i) shown on a property map of assessable vegetation as a 6
category 2 area or a category 3 area; or 7
(ii) if there is no property map of assessable vegetation for the 8
area--a remnant of concern regional ecosystem or a 9
remnant not of concern regional ecosystem; or 10
(h) necessary for routine management in an area of the land-- 11
(i) shown on a property map of assessable vegetation as a 12
category 3 area; or 13
(ii) for which there is no property map of assessable vegetation, 14
and the vegetation is a remnant not of concern regional 15
ecosystem; or 16
(i) on indigenous land, gathering, digging or removing forest 17
products for-- 18
(i) the purpose of improving the land or for use under the Local 19
Government (Aboriginal Lands) Act 1978, section 28; or 20
(ii) use under the Community Services (Aborigines) Act 1984, 21
section 175; or 22
(iii) use under the Community Services (Torres Strait) Act 1984, 23
section 185; or 24
(j) for a specified activity. 25
`3AB. Carrying out operational work that is the clearing of native 26
vegetation on land subject to a lease issued under the Land Act 1994 for 27
agriculture or grazing purposes, unless the clearing is-- 28
(a) the clearing of vegetation to which VMA does not apply; or 29
(b) to the extent necessary to build a single residence on a lot, the 30
building of which is approved under this Act, and any reasonably 31
associated building or structure; or 32
(c) necessary for essential management; or 33
s 32 39 s 32
Vegetation Management and Other Legislation
Amendment Bill 2004
(d) in an area shown on a property map of assessable vegetation as a 1
category X area; or 2
(e) in an area for which there is no property map of assessable 3
vegetation and the vegetation is not remnant vegetation and the 4
area has been cleared of vegetation after 31 December 1989; or 5
(f) necessary for routine management in an area of the land-- 6
(i) shown on a property map of assessable vegetation as a 7
category 3 area or category 4 area; or 8
(ii) for which there is no property map of assessable vegetation, 9
and the vegetation is a remnant not of concern regional 10
ecosystem or the vegetation is not remnant vegetation; or 11
(g) for a specified activity. 12
`3AC. Carrying out operational work that is the clearing of native 13
vegetation on land subject to a lease under the Land Act 1994, other than a 14
lease issued for agriculture or grazing purposes, unless the clearing is 15
consistent with the purpose of the lease and is-- 16
(a) the clearing of vegetation to which VMA does not apply; or 17
(b) to the extent necessary to build a single residence on a lot, the 18
building of which is approved under this Act, and any reasonably 19
associated building or structure; or 20
(c) necessary for essential management; or 21
(d) in an area shown on a property map of assessable vegetation as a 22
category X area; or 23
(e) for a category 3.1, 3.2, 4, 5, 8.2, 9.1 or 9.2 lease under the Land 24
Regulation 1995, part 4, in an area for which there is no property 25
map of assessable vegetation and in which the vegetation is not 26
remnant vegetation; or 27
(f) for a specified activity. 28
`3AD. Carrying out operational work that is the clearing of native 29
vegetation on a road under the Land Act 1994, unless the clearing is-- 30
(a) carried out by a local government and is-- 31
(i) necessary to construct road infrastructure or to source 32
construction material for roads; or 33
s 32 40 s 32
Vegetation Management and Other Legislation
Amendment Bill 2004
(ii) in an urban area and the vegetation is a remnant of concern 1
regional ecosystem or a remnant not of concern regional 2
ecosystem; or 3
(iii) for an activity approved by the chief executive 4
administering VMA; or 5
(b) necessary to remove or reduce the imminent risk that the 6
vegetation poses of serious personal injury or damage to 7
infrastructure; or 8
(c) by fire under the Fire and Rescue Service Act 1990 to reduce 9
hazardous fuel load; or 10
(d) necessary to maintain infrastructure located on the road, other 11
than fences; or 12
(e) necessary to maintain an existing boundary fence, to a maximum 13
width of 1.5 m; or 14
(f) necessary for reasonable access to adjoining land from the 15
existing formed road for a maximum distance of 100 m with a 16
maximum width of 10 m; or 17
(g) necessary to maintain an existing firebreak or garden located on 18
the road; or 19
(h) for a specified activity. 20
`3AE. Carrying out operational work that is the clearing of native 21
vegetation on trust land under the Land Act 1994, other than indigenous 22
land, unless the clearing is-- 23
(a) carried out by the entity that, under that Act, is the trustee and 24
is-- 25
(i) necessary for essential management; or 26
(ii) in an area shown on a property map of assessable vegetation 27
as a category X area; or 28
(iii) in an area for which there is no property map of assessable 29
vegetation and the vegetation is not remnant vegetation; or 30
(iv) for an activity approved by the chief executive 31
administering VMA; or 32
(b) for a specified activity. 33
s 32 41 s 32
Vegetation Management and Other Legislation
Amendment Bill 2004
`3AF. Carrying out operational work that is the clearing of native 1
vegetation on unallocated State land under the Land Act 1994, unless the 2
clearing is-- 3
(a) carried out by the chief executive administering that Act and is 4
necessary for-- 5
(i) essential management; or 6
(ii) the control of non-native plants or declared pests; or 7
(b) for a specified activity. 8
`3AG. Carrying out operational work that is the clearing of native 9
vegetation on land that is subject to a licence or permit under the Land Act 10
1994, unless the clearing is-- 11
(a) carried out by the licensee or permittee and is necessary for 12
essential management; or 13
(b) for a specified activity.'. 14
(2) Schedule 8, part 3, item 13(a)(i), `on freehold land'-- 15
omit. 16
(3) Schedule 8, part 3, item 13(b), `item 3A'-- 17
omit, insert-- 18
`items 3AA to 3AG'. 19
(4) Schedule 8, part 4, definitions "area of high nature conservation 20
value", "area of unlawfully cleared vegetation", "area vulnerable to land 21
degradation", "essential management", "non-urban area", "routine 22
management" and "urban area"-- 23
omit. 24
(5) Schedule 8, part 4-- 25
insert-- 26
` "category 2 area" means a category 2 area as defined under VMA. 27
"category 3 area" means a category 3 area as defined under VMA. 28
"category 4 area" means a category 4 area as defined under VMA. 29
"category X area" means a category X area as defined under VMA. 30
"declared pest" means a declared pest under the Land Protection (Pest 31
and Stock Route Management) Act 2002. 32
s 32 42 s 32
Vegetation Management and Other Legislation
Amendment Bill 2004
"essential management" means clearing native vegetation-- 1
(a) for establishing or maintaining a necessary fire break to protect 2
infrastructure other than a fence or road, if the maximum width 3
of the fire break is equivalent to 1.5 times the height of the tallest 4
vegetation adjacent to the infrastructure, or 20 m, whichever is 5
the greater; or 6
(b) for establishing a necessary fire management line if the 7
maximum width of the clearing for the fire management line is 8
10 m; or 9
(c) necessary to remove or reduce the imminent risk that the 10
vegetation poses of serious personal injury or damage to 11
infrastructure; or 12
(d) by fire under the Fire and Rescue Service Act 1990 to reduce 13
hazardous fuel load; or 14
(e) necessary to maintain infrastructure including airstrips, 15
buildings, fences, helipads, roads, stock yards, watering facilities 16
and constructed drains other than contour banks, other than to 17
source construction material; or 18
(f) for maintaining a garden or orchard, other than clearing 19
predominant canopy trees to maintain under-plantings 20
established within remnant vegetation; or 21
(g) on land subject to a lease issued under the Land Act 1994 for 22
agriculture or grazing purposes to source construction timber to 23
repair existing infrastructure on the land, if-- 24
(i) the infrastructure is in need of immediate repair; and 25
(ii) the clearing does not cause land degradation as defined by 26
VMA; and 27
(iii) restoration of a similar type, and to the extent of the 28
removed trees, is ensured; or 29
(h) by the owner on freehold land to source construction timber to 30
maintain infrastructure on any land of the owner, if-- 31
(i) the clearing does not cause land degradation as defined by 32
VMA; and 33
(ii) restoration of a similar type, and to the extent of the 34
removed trees, is ensured. 35
s 32 43 s 32
Vegetation Management and Other Legislation
Amendment Bill 2004
"freehold land", for regulating the clearing of vegetation under VMA, 1
includes land in a freeholding lease under the Land Act 1994. 2
"indigenous land" means, for regulating the clearing of vegetation under 3
VMA, land held under a following Act by, or on behalf of or for the 4
benefit of, Aboriginal or Torres Strait Islander inhabitants or for 5
Aboriginal or Torres Strait Islander purposes-- 6
(a) the Local Government (Aboriginal Lands) Act 1978; 7
(b) the Aborigines and Torres Strait Islanders (Land Holding) Act 8
1985; 9
(c) the Aboriginal Land Act 1991; 10
(d) the Torres Strait Islander Land Act 1991; 11
(e) the Land Act 1994. 12
"property map of assessable vegetation" means a property map of 13
assessable vegetation as defined under VMA. 14
"remnant not of concern regional ecosystem" means a remnant not of 15
concern regional ecosystem as defined under VMA. 16
"remnant of concern regional ecosystem" means a remnant of concern 17
regional ecosystem as defined under VMA. 18
"routine management" means clearing native vegetation-- 19
(a) to establish a necessary fence or road if the maximum width of 20
clearing for the fence or road is 10 m; or 21
(b) for establishing necessary infrastructure other than contour 22
banks, fences or roads if-- 23
(i) the clearing is not to source construction timber; and 24
(ii) the total extent of clearing is less than 2 ha; and 25
(iii) the total extent of the infrastructure is on less than 2 ha; or 26
(c) by the owner on freehold land to source construction timber for 27
establishing necessary infrastructure on any land of the owner, 28
if-- 29
(i) the clearing does not cause land degradation as defined by 30
VMA; and 31
(ii) restoration of a similar type, and to the extent of the 32
removed trees, is ensured; or 33
s 32 44 s 32
Vegetation Management and Other Legislation
Amendment Bill 2004
(d) before 30 June 2004, for sustainable harvesting of fodder for 1
stock on freehold land, in drought conditions only. 2
"specified activity" means-- 3
(a) clearing under a development approval for a material change of 4
use or the reconfiguration of a lot, if the approval is given for a 5
development application-- 6
(i) made after the commencement of this definition; and 7
(ii) for which the chief executive administering VMA is a 8
concurrence agency; or 9
(b) a traditional Aboriginal or Torres Strait Islander cultural activity, 10
other than a commercial activity; or 11
(c) a mining activity or a petroleum activity as defined under the 12
Environmental Protection Act 1994; or 13
(d) an activity under the Fire and Rescue Service Act 1990, 14
section 53, 68 or 69; or 15
(e) an activity under-- 16
(i) the Electricity Act 1994, section 101 or 112A; or 17
(ii) the Electricity Regulation 1994, section 14; or 18
(f) for a State-controlled road under the Transport Infrastructure Act 19
1994-- 20
(i) road works carried out on the State-controlled road; or 21
(ii) ancillary works and encroachments carried out under 22
section 50 of that Act; or 23
(g) clearing, for routine transport corridor management and safety 24
purposes, on existing rail corridor land, new rail corridor land, 25
non-rail corridor land or commercial corridor land (within the 26
meaning of the Transport Infrastructure Act 1994) that is not 27
subject to a commercial lease; or 28
(h) any activity authorised under the Forestry Act 1959. 29
"trust land" means trust land under the Land Act 1994, other than 30
indigenous land. 31
"urban area" means-- 32
s 33 45 s 33
Vegetation Management and Other Legislation
Amendment Bill 2004
(a) an area identified as a priority infrastructure area in a priority 1
infrastructure plan; or 2
(b) if no priority infrastructure area exists, an area identified in a 3
gazette notice by the chief executive under VMA as an urban 4
area; or 5
(c) if no priority infrastructure area exists or gazette notice has been 6
published--an area identified on a map in a planning scheme as 7
an area for urban purposes, including future urban purposes, but 8
not rural residential or future rural residential purposes. 9
"urban purposes" means purposes for which land is used in cities or 10
towns, including residential, industrial, sporting, recreation and 11
commercial purposes, but not including environmental, conservation, 12
rural, natural or wilderness area purposes. 13
"VMA" means the Vegetation Management Act 1999.'. 14
33 Amendment of sch 10 (Dictionary)
Clause 15
(1) Schedule 10, definitions "clear", "forest practice" and "native 16
vegetation"-- 17
omit. 18
(2) Schedule 10-- 19
insert-- 20
` "clear", for vegetation-- 21
(a) means remove, cut down, ringbark, push over, poison or destroy 22
in any way including by burning, flooding or draining; but 23
(b) does not include destroying standing vegetation by stock, or 24
lopping a tree. 25
"forest practice"-- 26
1. "Forest practice" means planting trees, or managing, felling and 27
removing standing trees, on freehold land, for an ongoing 28
forestry business in a-- 29
(a) plantation; or 30
(b) native forest, if, in the native forest-- 31
s 33 46 s 33
Vegetation Management and Other Legislation
Amendment Bill 2004
(i) all the activities are conducted in a way that is 1
consistent with a code applying to a native forest 2
practice; or 3
(ii) if there is no code, all the activities are conducted in a 4
way that-- 5
(A) ensures restoration of a similar type, and to the 6
extent, of the removed trees; and 7
(B) ensures trees are only felled for the purpose of 8
being sawn into timber or processed into another 9
value added product (other than woodchips for an 10
export market); and 11
(C) does not cause land degradation as defined under 12
VMA. 13
2. The term includes carrying out limited associated work, 14
including, for example, drainage, road construction and 15
maintenance, and other necessary engineering works. 16
3. The term does not include clearing native vegetation for the 17
initial establishment of a plantation. 18
"native vegetation" means a native tree or plant other than the 19
following-- 20
(a) grass or non-woody herbage; 21
(b) a plant within a grassland regional ecosystem prescribed under a 22
regulation under VMA; 23
(c) a mangrove. 24
"native forest practice" means a forest practice other than in a 25
plantation.'. 26
s 34 47 s 36
Vegetation Management and Other Legislation
Amendment Bill 2004
PART 4--AMENDMENT OF INTEGRATED PLANNING 1
AND OTHER LEGISLATION AMENDMENT ACT 2003 2
34 Act amended in pt 4
Clause 3
This part amends the Integrated Planning and Other Legislation 4
Amendment Act 2003. 5
35 Amendment of s 36 (Amendment of s 1.3.5 (Definitions for terms 6
used in "development"))
Clause 7
(1) Section 36(2), inserted definition "operational work", item 1(f), `on 8
freehold land'-- 9
omit, insert-- 10
`to which VMA applies'. 11
(2) Section 36(2), inserted definition "operational work", item 2(b), `on 12
land that is not freehold land'-- 13
omit, insert-- 14
`to which VMA does not apply'. 15
36 Amendment of s 109 (Replacement of sch 8 (Assessable, 16
self-assessable and exempt development))
Clause 17
(1) Section 109, inserted schedule 8, part 1, table 4, item 1 and 18
heading-- 19
s 36 48 s 36
Vegetation Management and Other Legislation
Amendment Bill 2004
omit, insert-- 1
`For clearing native vegetation on freehold land and indigenous land
`1A Operational work that is the clearing of native vegetation on freehold land
and indigenous land, unless the clearing is--
(a) the clearing of vegetation to which VMA does not apply; or
(b) for a native forest practice, other than on indigenous land on
which the State owns the trees; or
(c) to the extent necessary to build a single residence on a lot, the
building of which is approved under this Act, and any
reasonably associated building or structure; or
(d) necessary for essential management; or
(e) in an area shown on a property map of assessable vegetation as
a category X area; or
(f) in an area for which there is no property map of assessable
vegetation and the vegetation is not remnant vegetation; or
(g) for urban purposes in an urban area that is--
(i) shown on a property map of assessable vegetation as a
category 2 area or a category 3 area; or
(ii) if there is no property map of assessable vegetation for
the area--a remnant of concern regional ecosystem or a
remnant not of concern regional ecosystem; or
(h) necessary for routine management in an area of the land--
(i) shown on a property map of assessable vegetation as a
category 3 area; or
(ii) for which there is no property map of assessable
vegetation and the vegetation is a remnant not of concern
regional ecosystem; or
(i) on indigenous land, gathering, digging or removing forest
products for--
(i) the purpose of improving the land or for use under the
Local Government (Aboriginal Lands) Act 1978,
section 28; or
(ii) use under the Community Services (Aborigines) Act 1984,
section 175; or
(iii) use under the Community Services (Torres Strait) Act
1984, section 185; or
(j) for a specified activity.
s 36 49 s 36
Vegetation Management and Other Legislation
Amendment Bill 2004
`For clearing native vegetation on leasehold land used for agriculture
or grazing
`1B Operational work that is the clearing of native vegetation on land subject to
a lease issued under the Land Act 1994 for agriculture or grazing purposes,
unless the clearing is--
(a) the clearing of vegetation to which VMA does not apply; or
(b) to the extent necessary to build a single residence on a lot, the
building of which is approved under this Act, and any
reasonably associated building or structure; or
(c) necessary for essential management; or
(d) in an area shown on a property map of assessable vegetation as
a category X area; or
(e) in an area for which there is no property map of assessable
vegetation and the vegetation is not remnant vegetation and the
area has been cleared after 31 December 1989; or
(f) necessary for routine management in an area of the land--
(i) shown on a property map of assessable vegetation as a
category 3 area or category 4 area; or
(ii) for which there is no property map of assessable
vegetation, and the vegetation is a remnant not of concern
regional ecosystem or the vegetation is not remnant
vegetation; or
(g) for a specified activity.
`For clearing native vegetation on land that is subject to a lease under the
Land Act 1994, other than a lease used for agriculture or grazing
`1C Operational work that is the clearing of native vegetation on land subject to
a lease under the Land Act 1994, other than a lease issued for agriculture or
grazing purposes, unless the clearing is consistent with the purpose of the
lease and is--
(a) the clearing of vegetation to which VMA does not apply; or
(b) to the extent necessary to build a single residence on a lot, the
building of which is approved under this Act, and any
reasonably associated building or structure; or
(c) necessary for essential management; or
(d) in an area shown on a property map of assessable vegetation as
a category X area; or
(e) for rental category 3.1, 3.2, 4, 5, 8.2, 9.1 and 9.2 leases under
the Land Regulation 1995 in an area for which there is no
property map of assessable vegetation and the vegetation is not
remnant vegetation; or
(f) for a specified activity.
s 36 50 s 36
Vegetation Management and Other Legislation
Amendment Bill 2004
`For clearing native vegetation on a road under the Land Act 1994
`1D Operational work that is the clearing of native vegetation on a road under
the Land Act 1994, unless the clearing is--
(a) carried out by a local government and is--
(i) necessary to construct road infrastructure or to source
construction material for roads; or
(ii) in an urban area and the vegetation is not remnant or a
remnant not of concern regional ecosystem; or
(iii) for an activity approved by the chief executive
administering VMA; or
(b) necessary to remove or reduce the imminent risk that the
vegetation poses of serious personal injury or damage to
infrastructure; or
(c) by fire under the Fire and Rescue Service Act 1990 to reduce
hazardous fuel load; or
(d) necessary to maintain infrastructure located on the road, other
than fences; or
(e) necessary to maintain an existing boundary fence to the
maximum width of 1.5 m; or
(f) necessary for reasonable access to adjoining land from the
existing formed road for a maximum distance of 100 m with a
maximum width of 10 m; or
(g) necessary to maintain an existing firebreak or garden located on
the road; or
(h) for a specified activity.
`For clearing native vegetation on trust land under the Land Act 1994
`1E Operational work that is the clearing of native vegetation on trust land
under the Land Act 1994, other than indigenous land, unless the clearing
is--
(a) by the trustee and is--
(i) necessary for essential management; or
(ii) in an area shown on a property map of assessable
vegetation as a category X area; or
(iii) in an area for which there is no property map of
assessable vegetation and the vegetation is not remnant
vegetation; or
(iv) for an activity approved by the chief executive
administering VMA; or
(b) for a specified activity.
s 37 51 s 37
Vegetation Management and Other Legislation
Amendment Bill 2004
`For clearing native vegetation on unallocated State land under the Land
Act 1994
`1F Operational work that is the clearing of native vegetation on unallocated
State land under the Land Act 1994, unless the clearing is--
(a) carried out by the chief executive administering that Act and is
necessary for--
(i) essential management; or
(ii) the control of non-native plants or declared pests; or
(b) for a specified activity.
`For clearing native vegetation on land that is subject to a licence or
permit under the Land Act 1994
`1G Operational work that is the clearing of native vegetation on land that is
subject to a license or permit under the Land Act 1994, unless the clearing
is--
(a) carried out by the licensee or permittee and is necessary for
essential management; or
(b) for a specified activity.'.
(2) Section 109, inserted schedule 8A, table 3, item 2(a), `on freehold 1
land'-- 2
omit. 3
(3) Section 109, inserted schedule 9, table 4, item 9(a)(i) and (b), `on 4
freehold land'-- 5
omit. 6
37 Amendment of s 110 (Amendment of sch 10 (Dictionary))
Clause 7
(1) Section 110(3), inserted definitions "area of high nature conservation 8
value", "area of unlawfully cleared vegetation", "area vulnerable to land 9
degradation", "essential management", "non-urban area", "routine 10
management" and "urban area"-- 11
omit. 12
(2) Section 110(3), inserted definitions-- 13
insert-- 14
` "category 2 area" means a category 2 area as defined under VMA. 15
"category 3 area" means a category 3 area as defined under VMA. 16
s 37 52 s 37
Vegetation Management and Other Legislation
Amendment Bill 2004
"category 4 area" means a category 4 area as defined under VMA. 1
"category X area" means a category X area as defined under VMA. 2
"declared pest" means a declared pest under the Land Protection (Pest 3
and Stock Route Management) Act 2002. 4
"essential management" means clearing native vegetation-- 5
(a) for establishing or maintaining a necessary fire break to protect 6
infrastructure other than a fence or road, if the maximum width 7
of the fire break is equivalent to 1.5 times the height of the tallest 8
vegetation adjacent to the infrastructure, or 20 m, whichever is 9
the greater; or 10
(b) for establishing a necessary fire management line if the 11
maximum width of the clearing for the fire management line is 12
10 m; or 13
(c) necessary to remove or reduce the imminent risk that the 14
vegetation poses of serious personal injury or damage to 15
infrastructure; or 16
(d) by fire under the Fire and Rescue Service Act 1990 to reduce 17
hazardous fuel load; or 18
(e) necessary to maintain infrastructure including airstrips, 19
buildings, fences, helipads, roads, stock yards, watering facilities 20
and constructed drains other than contour banks, other than to 21
source construction material; or 22
(f) for maintaining a garden or orchard, other than clearing 23
predominant canopy trees to maintain under-plantings 24
established within remnant vegetation; or 25
(g) on land subject to a lease issued under the Land Act 1994 for 26
agriculture or grazing purposes to source construction timber to 27
repair existing infrastructure on the land, if-- 28
(i) the infrastructure is in need of immediate repair; and 29
(ii) the clearing does not cause land degradation as defined by 30
VMA; and 31
(iii) restoration of a similar type, and to the extent of the 32
removed trees, is ensured; or 33
(h) by the owner on freehold land to source construction timber to 34
maintain infrastructure on any land of the owner, if-- 35
s 37 53 s 37
Vegetation Management and Other Legislation
Amendment Bill 2004
(i) the clearing does not cause land degradation as defined by 1
VMA; and 2
(ii) restoration of a similar type, and to the extent of the 3
removed trees, is ensured. 4
"freehold land", for regulating the clearing of vegetation under VMA, 5
includes land in a freeholding lease under the Land Act 1994. 6
"indigenous land" means, for regulating the clearing of vegetation under 7
VMA, land held under a following Act by, or on behalf of or for the 8
benefit of, Aboriginal or Torres Strait Islander inhabitants or for 9
Aboriginal or Torres Strait Islander purposes-- 10
(a) the Local Government (Aboriginal Lands) Act 1978; 11
(b) the Aborigines and Torres Strait Islanders (Land Holding) Act 12
1985; 13
(c) the Aboriginal Land Act 1991; 14
(d) the Torres Strait Islander Land Act 1991; 15
(e) the Land Act 1994. 16
"property map of assessable vegetation" means a property map of 17
assessable vegetation as defined under VMA. 18
"remnant not of concern regional ecosystem" means a remnant not of 19
concern regional ecosystem as defined under VMA. 20
"remnant of concern regional ecosystem" means a remnant of concern 21
regional ecosystem as defined under VMA. 22
"routine management" means clearing native vegetation-- 23
(a) to establish a necessary fence or road if the maximum width of 24
clearing for the fence or road is 10 m; or 25
(b) for establishing necessary infrastructure other than contour 26
banks, fences or roads if-- 27
(i) the clearing is not to source construction timber; and 28
(ii) the total extent of clearing is less than 2 ha; and 29
(iii) the total extent of the infrastructure is on less than 2 ha; or 30
(c) by the owner on freehold land to source construction timber for 31
establishing necessary infrastructure on any land of the owner, 32
if-- 33
s 37 54 s 37
Vegetation Management and Other Legislation
Amendment Bill 2004
(i) the clearing does not cause land degradation as defined by 1
VMA; and 2
(ii) restoration of a similar type, and to the extent of the 3
removed trees, is ensured; or 4
(d) before 30 June 2004, for sustainable harvesting of fodder for 5
stock on freehold land, in drought conditions only. 6
"specified activity" means-- 7
(a) clearing under a development approval for a material change of 8
use or the reconfiguration of a lot, if the approval is given for a 9
development application-- 10
(i) made after the commencement of this definition; and 11
(ii) for which the chief executive administering VMA is a 12
concurrence agency; or 13
(b) a traditional Aboriginal or Torres Strait Islander cultural activity, 14
other than a commercial activity; or 15
(c) a mining activity or a petroleum activity as defined under the 16
Environmental Protection Act 1994; or 17
(d) an activity under the Fire and Rescue Service Act 1990, 18
section 53, 68 or 69; or 19
(e) an activity under-- 20
(i) the Electricity Act 1994, section 101 or 112A; or 21
(ii) the Electricity Regulation 1994, section 14; or 22
(f) for a State-controlled road under the Transport Infrastructure Act 23
1994-- 24
(i) road works carried out on the State-controlled road; or 25
(ii) ancillary works and encroachments carried out under 26
section 50 of that Act; or 27
(g) clearing, for routine transport corridor management and safety 28
purposes, on existing rail corridor land, new rail corridor land, 29
non-rail corridor land or commercial corridor land (within the 30
meaning of the Transport Infrastructure Act 1994) that is not 31
subject to a commercial lease; or 32
(h) any activity authorised under the Forestry Act 1959. 33
s 38 55 s 40
Vegetation Management and Other Legislation
Amendment Bill 2004
"trust land" means, for regulating the clearing of vegetation under VMA, 1
trust land under the Land Act 1994, other than indigenous land. 2
"urban area" means-- 3
(a) an area identified as a priority infrastructure area in a priority 4
infrastructure plan; or 5
(b) if no priority infrastructure area exists, an area identified in a 6
gazette notice by the chief executive under VMA as an urban 7
area; or 8
(c) if no priority infrastructure area exists or gazette notice has been 9
published--an area identified on a map in a planning scheme as 10
an area for urban purposes, including future urban purposes, but 11
not rural residential or future rural residential purposes. 12
"urban purposes" means purposes for which land is used in cities or 13
towns, including residential, industrial, sporting, recreation and 14
commercial purposes, but not including environmental, conservation, 15
rural, natural or wilderness area purposes. 16
"VMA" means the Vegetation Management Act 1999.'. 17
PART 5--AMENDMENT OF LAND ACT 1994 18
38 Act amended in pt 5
Clause 19
This part amends the Land Act 1994. 20
39 Omission of ch 5, pt 6 (Tree management)
Clause 21
Chapter 5, part 6-- 22
omit. 23
40 Amendment of s 400 (Power to enter land, generally)
Clause 24
(1) Section 400(1), all words before paragraph (a)-- 25
omit, insert-- 26
s 41 56 s 42
Vegetation Management and Other Legislation
Amendment Bill 2004
`(1) An authorised person may do any 1 or more of the following, with or 1
without assistants, and only for a purpose of this Act or the Vegetation 2
Management Act 1999--'. 3
(2) Section 400(1A)-- 4
omit. 5
41 Omission of ch 7, pt 1, div 4 (Monitoring and enforcement powers 6
for tree clearing provisions)
Clause 7
Chapter 7, part 1, division 4-- 8
omit. 9
42 Replacement of s 431C (Further evidentiary aids)
Clause 10
Section 431C-- 11
omit, insert-- 12
`431C Further evidentiary aids 13
`A certificate purporting to be signed by the chief executive stating any 14
of the following matters is evidence of the matter-- 15
(a) a stated document is one of the following things made, given, or 16
issued under this Act-- 17
(i) an appointment; 18
(ii) a decision; 19
(b) a stated document is a copy of a thing mentioned in 20
paragraph (a); 21
(c) on a stated day, or during a stated period, a person's appointment 22
as an authorised person was, or was not, in force; 23
(d) on a stated day, a stated requirement was made of a stated 24
person.'. 25
s 43 57 s 44
Vegetation Management and Other Legislation
Amendment Bill 2004
PART 6--MISCELLANEOUS 1
43 Repeal
Clause 2
The Vegetation (Application for Clearing) Act 2003 is repealed. 3
44 Minor amendments of Acts
Clause 4
(1) Schedule 1 amends the Acts it mentions. 5
(2) Schedule 2 amends the Act it mentions. 6
58
Vegetation Management and Other Legislation
Amendment Bill 2004
SCHEDULE 1 1
MINOR AMENDMENTS 2
section 44(1) 3
INTEGRATED PLANNING ACT 1997 4
1 Section 3.5.15(6), first occurring-- 5
renumber as section 3.5.15(5A). 6
INTEGRATED PLANNING AND OTHER LEGISLATION 7
AMENDMENT ACT 2003 8
1 Section 109, inserted schedule 9, table 4, item 2, `section 47'-- 9
omit, insert-- 10
`section 50'. 11
2 Section 110, inserted definition "ancillary works and 12
encroachments", `schedule 3'-- 13
omit, insert-- 14
`schedule 6'. 15
LAND ACT 1994 16
1 Section 28(4), definition "action", paragraph (l)-- 17
omit. 18
59
Vegetation Management and Other Legislation
Amendment Bill 2004
SCHEDULE 1 (continued)
2 Section 234(e), `tree clearing offences'-- 1
omit, insert-- 2
`a vegetation clearing offence'. 3
3 Chapter 5, part 4, division 3, heading, `tree clearing offences'-- 4
omit, insert-- 5
`vegetation clearing offences'. 6
4 Section 431E(2)(f)-- 7
omit. 8
5 Section 431F-- 9
omit. 10
6 Section 431H(1), `Subject to subsection (2), a'-- 11
omit, insert-- 12
`A'. 13
7 Section 431H(2), (3) and (4)-- 14
omit. 15
8 Sections 431I and 431K-- 16
omit. 17
9 Section 517-- 18
omit. 19
60
Vegetation Management and Other Legislation
Amendment Bill 2004
SCHEDULE 1 (continued)
10 Schedule 2, entries for sections 263(1)(a), 263(1)(b), 266(1) and 1
274A(2)-- 2
omit. 3
11 Schedule 6, definitions "broadscale tree clearing", "compliance 4
notice", "compliance notice offence", "destroy", "document 5
certification requirement", "document production requirement", 6
"occupier", "property vegetation management plan", "tree 7
clearing offence" and "tree clearing provision"-- 8
omit. 9
12 Schedule 6-- 10
insert-- 11
` "property vegetation management plan" means-- 12
(a) a property vegetation management plan under this Act, as in 13
force before the commencement of the Vegetation Management 14
and Other Legislation Amendment Act 2004, section 3; or 15
(b) a property vegetation management plan as defined under the 16
Vegetation Management Act. 17
"vegetation clearing offence" means-- 18
(a) a vegetation clearing offence under the Vegetation Management 19
Act; or 20
(b) a tree clearing offence under this Act, as in force immediately 21
before the Vegetation Management and Other Legislation 22
Amendment Act 2004, section 3.'. 23
61
Vegetation Management and Other Legislation
Amendment Bill 2004
SCHEDULE 1 (continued)
LOCAL GOVERNMENT ACT 1993 1
1 Section 854-- 2
insert-- 3
`(5) For subsections (1) and (3)-- 4
"development" does not include clearing vegetation until 6 months after 5
the day the Vegetation Management and Other Legislation 6
Amendment Act 2004, section 3, commences.10'. 7
MINERAL RESOURCES ACT 1989 8
1 Section 4(5), definition "offshore area"-- 9
omit, insert-- 10
` "offshore area" means an area of the sea bed and subsoil to which the 11
Act applies.'. 12
VEGETATION MANAGEMENT ACT 1999 13
1 Section 4, heading, `purposes'-- 14
omit, insert-- 15
`purpose'. 16
10 See the Integrated Planning Act 1997, section 1.3.5, definition "operational work",
paragraph (f).
62
Vegetation Management and Other Legislation
Amendment Bill 2004
SCHEDULE 1 (continued)
2 Section 4, `this Act's purposes'-- 1
omit, insert-- 2
`the purpose of this Act'. 3
3 Section 9(1), `purposes'-- 4
omit, insert-- 5
`purpose'. 6
4 Section 17(4) to (7) 7
renumber as section 17(3) to (6). 8
5 Section 21, heading, `development'-- 9
omit, insert-- 10
`vegetation clearing'. 11
6 Section 21(1), `development'-- 12
omit, insert-- 13
`vegetation clearing'. 14
7 Section 30(1)(ba)(i)(A), `involving the clearing of vegetation'-- 15
omit. 16
8 Section 30(1)(ba) to (c)-- 17
renumber as section 30(1)(c) to (e). 18
9 Section 30(1)(c)(i)(A) to (C), as amended-- 19
renumber as section 30(1)(c)(i)(A) to (D). 20
63
Vegetation Management and Other Legislation
Amendment Bill 2004
SCHEDULE 1 (continued)
10 Section 36(5), `30(1)(bb)' 1
omit, insert-- 2
`section 30(1)(d)'. 3
11 Section 39(1), before `a warrant'-- 4
insert-- 5
`under'. 6
12 Section 73, heading, at the end-- 7
insert-- 8
`under the Planning Act'. 9
13 Section 73(1), after, `approval'-- 10
insert-- 11
`under the Planning Act'. 12
14 Section 73(3), after, `application'-- 13
insert-- 14
`under the Planning Act'. 15
15 Schedule, definition "property vegetation management plan", 16
`development application'-- 17
omit, insert-- 18
`vegetation clearing application'. 19
64
Vegetation Management and Other Legislation
Amendment Bill 2004
SCHEDULE 2 1
MINOR AMENDMENTS FOR COMMENCEMENT OF 2
INTEGRATED PLANNING AND OTHER LEGISLATION 3
AMENDMENT ACT 2003 4
section 44(2) 5
VEGETATION MANAGEMENT ACT 1999 6
1 Section 70A(3) and (4), `items 3AA to 3AG'-- 7
omit, insert-- 8
`table 4, items 1A to 1G'. 9
2 Schedule, definition "vegetation clearing application"-- 10
omit, insert-- 11
` "vegetation clearing application" means a development application as 12
defined under the Planning Act that involves assessable development 13
mentioned in that Act, schedule 8, part 1, table 4, items 1A to 1G.'. 14
© State of Queensland 2004
AMENDMENTS TO BILL
1
Vegetation Management and Other Legislation
Amendment Bill 2004
VEGETATION MANAGEMENT AND
OTHER LEGISLATION AMENDMENT
BILL 2004
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 14--
At page 16, lines 29 and 30--
omit, insert--
` `(2) The application must--
(a) be in the approved form; and
(b) state the information prescribed under a regulation; and
(c) be accompanied by the fee prescribed under a regulation.'.
2 Clause 27--
At page 28, line 26, `This section'--
omit, insert--
`Subsection (2)'.
3 Clause 27--
At page 29, after line 9--
insert--
` `(4) The Minister may approve a regional vegetation management code
for Cape York Peninsular based on the local guideline for Cape York
Peninsular previously approved by the Minister under the Land Act 1994,
section 272.'.
4 Clause 28--
At page 32, lines 30 to 33--
omit, insert--
2
Vegetation Management and Other Legislation
Amendment Bill 2004
` "category X area" means an area--
(a) in which clearing has occurred; and
(b) that is not a category 1 area, category 2 area, category 3 area or
category 4 area on a property map of assessable vegetation made
under section 20B; and
(c) that at the time of the making, under section 20B or 20C, or the
replacement, under section 20D, of the property map of
assessable vegetation applying to the area--
(i) does not contain remnant vegetation; or
(ii) is not cleared due to burning, flooding or natural causes and
the vegetation in the area forms a predominant canopy
that--
(A) has cover that averages less than 50% of the
undisturbed predominant canopy; or
(B) has height that averages less than 70% of the
vegetation's undisturbed height; or
(C) is not composed of species characteristic of the
vegetation's undisturbed predominant canopy.'.
5 Clause 28--
At page 35, line 22, `at'--
omit, insert--
`surrounding'.
6 Clause 32--
At page 37, line 24, `native'--
omit.
7 Clause 32--
At page 40, lines 1 to 3--
3
Vegetation Management and Other Legislation
Amendment Bill 2004
omit, insert--
`(ii) in an urban area and the vegetation is a remnant not of
concern regional ecosystem or the vegetation is not remnant
vegetation; or'.
8 Clause 36--
At page 48, inserted item 1A, paragraph (b), `native'--
omit.
9 Clause 36--
At page 50, inserted item 1D, paragraph (a)(ii)--
omit, insert--
`(ii) in an urban area and the vegetation is a remnant not of
concern regional ecosystem or the vegetation is not remnant
vegetation; or'.
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