Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   3.      Purpose of Act
   4.      Advancing the Act's purpose
   5.      Definitions
   6.      Act binds all persons
   7.      Application of Act

           Part 2--Vegetation management

           Division 1--Key concepts

   8.      What is vegetation
   9.      What is vegetation management

           Division 2--State policy for vegetation management

   10.     State policy for vegetation management

           Division 2A--Other policies for vegetation management
           Subdivision 1--Concurrence agency policies

   10A.    Types of concurrence agency policies
   10B.    Content of concurrence agency policy
           Subdivision 2--Offsets policy
   10C.    What is the offsets policy
   10D.    Content of offsets policy

           Division 3--Regional vegetation management codes

   11.     Minister must make regional vegetation management codes
   12.     Preparing codes
   13.     Minister must consider all properly made submissions
   14.     When regional vegetation management code takes effect
   15.     Minor, stated or permitted amendments of regional vegetation management code

           Division 4--Declaration of areas of high nature conservation value and areas vulnerable to land degradation
           Subdivision 1--Declarations by Governor in Council or Minister

   16.     Preparing declaration
   17.     Making declaration
   18.     Interim declaration
   19.     Criteria for declarations
   19A.    Preparing amendment of declared area code
   19B.    Approving amendment of declared area code
   19C.    Minor or stated amendment of declared area code
   19D.    Application of ss 19A–19C to wild rivers code
           Subdivision 2--Declarations by chief executive
   19E.    Request for declaration
   19F.    Making declaration
   19G.    Particular criteria for declaration
   19H.    Code for clearing of vegetation
   19I.    Amendment of management plan
   19J.    When management plan stops having effect
   19K.    Recording of declared areas and management plans
   19L.    Ending declaration

           Division 4A--Code for clearing vegetation for special indigenous purpose

   19N.    Code for clearing vegetation for special indigenous purpose

           Division 4B--Other codes for vegetation management
           Subdivision 1--Conducting a native forest practice

   19O.    Native forest practice code
   19P.    Content of native forest practice code
   19Q.    Offence to conduct native forest practice without giving notice
   19R.    Offence to conduct particular native forest practice other than under native forest practice code
           Subdivision 2--Clearing regulated regrowth vegetation under the regrowth vegetation code
   19S.    Making regrowth vegetation code
   19T.    When regrowth vegetation code takes effect
   19U.    Requirement and process for giving notice of clearing regulated regrowth vegetation
   19V.    Offence to clear regulated regrowth vegetation under regrowth vegetation code without clearing notification
   19W.    Offence to clear regulated regrowth vegetation other than under regrowth vegetation code
   19X.    Register of clearing notifications

           Division 4C--Authorisation to clear regulated regrowth vegetation other than under regrowth vegetation code

   19Y.    Definitions for div 4C
   19Z.    Application of div 4C
   19ZA.   Applying for authorisation
   19ZB.   Chief executive to consider application
   19ZC.   Criteria for granting the application
   19ZD.   Deciding application
   19ZE.   Expiry of regrowth clearing authorisation on transfer of land
   19ZF.   Clearing regulated regrowth vegetation under authorisation
   19ZG.   Register of regrowth clearing authorisations

           Division 5--Declarations about codes

   20.     IDAS codes for the clearing of vegetation

           Division 5AA--Vegetation management maps

   20A.    What is the regional ecosystem map
   20AA.   What is the remnant map
   20AB.   What is the regrowth vegetation map
   20AC.   What is the essential habitat map
   20AD.   What is a registered area of agriculture map
   20AE.   Certifying vegetation management map
   20AF.   Amending vegetation management map
   20AG.   When vegetation management map takes effect
   20AH.   Deciding to show particular areas as remnant vegetation
   20AI.   Deciding to show particular areas as high value regrowth vegetation
   20AJ.   Application to make PMAV before amending particular vegetation management maps

           Division 5A--Property map of assessable vegetation

   20AK.   What is a property map of assessable vegetation (or PMAV)
   20AL.   What is a category A area
   20AM.   What is a category B area
   20AN.   What is a category C area
   20AO.   What is a category X area
   20B.    When chief executive may make PMAV
   20BA.   Chief executive may make decision about category A area
   20C.    When owner may apply for PMAV
   20CA.   Process before making PMAV
   20D.    When PMAV may be replaced
   20E.    When PMAV may be revoked
   20F.    Copies of PMAV given to owners
   20G.    Owners to be advised of revocation of PMAV
   20H.    Inconsistency between PMAV and particular vegetation management maps

           Division 5B--Area management plans
           Subdivision 1--Preliminary

   20I.    Definitions for div 5B
   20J.    What is an area management plan
   20K.    What is an existing planning document
   20L.    What is restricted (fodder harvesting) land
           Subdivision 2--Approval of plans and accreditation of planning documents
   20M.    Application for approval of draft plan or accreditation of planning document
   20N.    Further information or documents for application
   20O.    Deciding applications
   20P.    Criteria for approving draft plan or accrediting planning document
   20Q.    Mandatory condition on approval of draft plan or accreditation of planning document
   20R.    Imposing additional condition on approval of draft plan
   20S.    Other requirements for approving draft plan
   20T.    Other requirements for accrediting existing planning document
   20U.    Refusing to approve draft plan or accredit planning document
           Subdivision 3--Keeping plans
   20V.    Register of area management plans
           Subdivision 4--Notifying clearing under plans
   20W.    Requirement to give clearing notification
   20X.    Offence to clear vegetation under plan without clearing notification
   20Y.    Register of area management clearing notifications
           Subdivision 5--Duration of plans
   20Z.    When area management plan ends
           Subdivision 6--Amending plans
   20ZA.   Definition for sdiv 6
   20ZB.   Amendment by chief executive
   20ZC.   Amendment application for particular plans

           Division 6--Relationship with Planning Act
           Subdivision 1--Modifying effect of Planning Act

   21.     Modifying effect on vegetation clearing applications
   22.     Declarations for the Planning Act
   22A.    Particular vegetation clearing applications may be assessed
   22B.    Modifying Planning Act effect for delegations and appointment of referees
   22C.    Modifying Planning Act effect of appeal rights on particular applications (assessment manager)
   22D.    Modifying Planning Act effect of appeal rights on particular applications (concurrence agency)
           Subdivision 2--Referral agency assessment and responses
   22DA.   Requirement for property vegetation management plan
   22DB.   Compliance with concurrence agency policy
   22DC.   Refusal of particular concurrence agency application
   22DD.   Commercial timber on State land
   22DE.   Development not for a relevant purpose under s 22A
   22DF.   Clearing vegetation on adjoining lot for firebreaks and fire management lines

           Division 6A--Vegetation management offsets
           Subdivision 1--Preliminary

   22DG.   What are vegetation management offsets (or offsets) and offset areas
           Subdivision 2--Imposing offsets
   22DH.   Application of sdiv 2
   22DI.   Compliance with offsets policy
   22DJ.   Criteria for decision about offset
   22DK.   When offset ends
           Subdivision 3--Register of offsets
   22DL.   Chief executive must keep register of offsets

           Division 7--Broadscale applications and ballots

   22E.    Application of div 7
   22F.    Exception to s 22A(1)
   22G.    Regions and ballots
   22H.    Modifying Planning Act effect on changing broadscale application
   22I.    Modifying Planning Act time frames
   22J.    Modifying Planning Act effect on changing development approval
   22K.    Modifying Planning Act effect of appeal rights on broadscale applications
   22L.    Appeals

           Division 7A--Classes of regional ecosystems

   22LA.   Endangered regional ecosystems
   22LB.   Of concern regional ecosystems
   22LC.   Least concern regional ecosystems

           Division 8--Miscellaneous

   22M.    Refusing vegetation clearing application after conviction for vegetation clearing offence

           Part 3--Enforcement, investigations and offences

           Division 1--Enforcement and investigations
           Subdivision 1--Authorised officers

   24.     Appointment and qualifications of authorised officers
   25.     Functions and powers of authorised officers
   26.     Conditions of appointment of authorised officers
   27.     Authorised officer's identity card
   28.     Failure to return identity card
   29.     Production or display of identity card
           Subdivision 2--Power to enter places
   30.     Power to enter places
           Subdivision 3--Procedure for entry
   31.     Entry with consent
   32.     Application for warrant
   33.     Issue of warrant
   34.     Special warrants
   35.     Warrants—procedure before entry
           Subdivision 4--Powers after entering a place
   36.     General powers after entering places
   37.     Failure to help authorised officer
   38.     Failure to give information
           Subdivision 5--Power to seize evidence
   39.     Seizing evidence
   40.     Securing seized things
   41.     Tampering with seized things
   42.     Powers to support seizure
   43.     Receipts for seized things
   44.     Forfeiture by authorised officer
   45.     Forfeiture on conviction
   46.     Dealing with forfeited things
   47.     Return of seized things
   48.     Access to seized things
           Subdivision 6--Power to obtain information
   49.     Power to require name and address
   50.     Failure to give name or address
   51.     Power to require information
   52.     Power to require production of documents
   53.     Failure to certify copy of document
   54.     Failure to produce document
           Subdivision 7--Power to require compliance
   54A.    Stop work notice
   54B.    Restoration notice
   54C.    Contravention of stop work notices and restoration notices
   55.     Transfer of land the subject of restoration notice
   55A.    Record of restoration notice in land registry
           Subdivision 8--Restoration plans
   55AA.   Application of sdiv 8
   55AB.   Preparing restoration plan
   55AC.   Approving restoration plan
   55AD.   Chief executive may amend approved restoration plan
   55AE.   Steps after, and taking effect of, decision
   55AF.   Failure to comply with restoration notice

           Division 2--Other enforcement provisions
           Subdivision 1--Obtaining criminal history reports

   55B.    Purpose of sdiv 1
   55C.    Chief executive's power to obtain criminal history report
   55D.    Criminal history is confidential document
           Subdivision 2--Notice of damage and compensation
   56.     Notice of damage
   57.     Compensation

           Division 3--General offences

   58.     False or misleading statements
   59.     False or misleading documents
   59A.    Impersonation of authorised officer
   60.     Obstructing an authorised officer
   60A.    Executive officers must ensure corporation complies with Act
   60B.    Guide for deciding penalty for vegetation clearing offence
   61.     Ability to prosecute under other Acts

           Part 4--Reviews and legal proceedings

           Division 1--Internal reviews by chief executive

   62.     Internal review process before external review
   63.     How to apply for internal review
   63A.    Review decision

           Division 1A--External reviews by QCAT

   63B.    Who may apply for external review

           Division 2--Evidence

   64.     Application of div 2
   65.     Appointments and authority
   66.     Signatures
   66A.    Instruments, equipment and installations
   66B.    Certificate or report about remotely sensed image
   67.     Evidentiary aids
   67A.    Responsibility for unauthorised clearing of vegetation

           Division 2A--Defences

   67B.    Defence in proceeding for vegetation clearing offence

           Division 3--Proceedings

   68.     Summary proceedings for offences
   68A.    Particulars to be stated for complaint for vegetation clearing offence
   68B.    Representation of departmental officer in court
   68C.    Recovery of costs of investigation

           Division 4--Restrictions on legal proceedings

   68CA.   Definitions for div 4
   68CB.   Non-application of Judicial Review Act 1991
   68CC.   No appeals about relevant vegetation maps and particular PMAV applications

           Part 5--Miscellaneous

   68D.    Approved forms
   69.     Advisory committees
   70.     Regional vegetation management committees
   70AA.   Copies of vegetation management maps and PMAVs to be available for inspection and purchase
   70AB.   Copies of documents to be available for inspection and purchase
   70A.    Application of development approvals and exemptions for Forestry Act
   70B.    Record of particular matters in land registry
   70C.    Particular vegetation not natural resource owned by person as improvement on leasehold land
   71.     Protecting officials from civil liability
   72.     Regulation-making power

           Part 6--Transitional and declaratory provisions

           Division 1--Transitional provisions for Act No. 90 of 1999

   73.     Existing development approvals and applications for development approvals under the repealed Integrated Planning Act 1997
   74.     Existing development control plans and special facilities zones

           Division 2--Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2004

   75.     What may be approved as codes
   76.     Existing applications (pre VACA) and development approvals
   77.     Existing applications (pre VACA) and permits under the Land Act 1994
   78.     Existing applications (post VACA) under the Land Act 1994
   79.     When the Land Act 1994 continues to apply
   80.     Modifying effect of repealed Integrated Planning Act 1997 for owner's consent

           Division 3--Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2005

   81.     Effect on existing riverine protection permits
   82.     Validation of particular clearing
   83.     Validation of regional vegetation management codes

           Division 4--Transitional provision for Land and Other Legislation Amendment Act 2007

   84.     Existing appeals under s 22C

           Division 5--Declaratory and transitional provisions for Vegetation Management Amendment Act 2008

   85.     Declaration about types of regional ecosystems
   86.     Amendment of regulation

           Division 6--Transitional provision for Sustainable Planning Act 2009

   87.     Vegetation clearing applications under repealed Integrated Planning Act 1997

           Division 7--Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2009
           Subdivision 1--Preliminary

   88.     Definitions for div 7
   89.     References to unamended Act
           Subdivision 2--Transitional provisions for amendments of Vegetation Management Act 1999
   90.     Existing regional vegetation management codes approved by the Minister
   91.     Native forest practice code
   92.     Existing regional ecosystems maps and remnant maps
   93.     Certifying vegetation management maps in retrospective period
   94.     Changes to existing vegetation category areas
   95.     When particular PMAVs may be revoked
   96.     Existing compliance notices
   97.     Tree clearing provisions under unamended Land Act
   98.     Existing development approvals and development applications
   99.     References to not of concern regional ecosystems
   100.    Clearing of regulated regrowth vegetation in retrospective period not an offence
   101.    Application of s 19Q
   102.    Not giving notice in retrospective period not an offence
   103.    Delayed applications to QCAT
   104.    Amendment of Vegetation Management Regulation 2000
           Subdivision 3--Transitional provisions for repeal of Vegetation Management (Regrowth Clearing Moratorium) Act 2009
   105.    Existing applications for moratorium exemption
   106.    Existing PMAV applications
   107.    Existing show cause notices and compliance notices
   108.    Appeals
           SCHEDULE -- DICTIONARY
           Endnotes