Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if—
(a) an owner of land applies under section 20C for the making of a PMAV for the land or part of the land; and
(b) the owner proposes that the land or part of the land (the relevant area) be a category X area on the PMAV.
(2) The chief executive can not make the relevant area a category X area on the PMAV if any of the circumstances mentioned in section 20AH or 20AI for the area have happened unless the area has later been cleared and—
(a) when the area was cleared of vegetation, the clearing was exempt development; or
(b) the clearing of vegetation has been carried out under a moratorium exemption; or
(c) the clearing of vegetation has been carried out under a development approval other than a development approval for—
(i) fodder harvesting; or
(ii) thinning; or
(iii) clearing of encroachment; or
(iv) control of non-native plants or declared pests; or
(d) a clearing notification for the area has been received and the purpose of clearing was other than clearing regulated regrowth vegetation in the area for—
(i) thinning; or
(ii) clearing of encroachment; or
(iii) control of non-native plants or declared pests; or
(e) an area management clearing notification for the area has been received and the purpose of clearing was other than clearing vegetation in the area for—
(i) fodder harvesting; or
(ii) thinning; or
(iii) clearing of encroachment; or
(iv) control of non-native plants or declared pests.
(3) Also, the chief executive can not make the relevant area a category X area on the PMAV if—
(a) vegetation in the area is not remnant vegetation because of clearing that happened as a result of burning, flooding or natural causes; or
(b) the area is located within 50m of a watercourse identified on the regrowth vegetation map as a regrowth watercourse.
(4) If the chief executive considers the relevant area can not be made a category X area because of subsection (2) or (3), the chief executive must, before making the PMAV, give the owner of the land a notice inviting the owner to show why the relevant area should be a category X area.
(5) The notice must state the following—
(a) the grounds for the proposed decision that the relevant area is not a category X area;
(b) the facts and circumstances forming the basis for the grounds;
(c) the proposed boundaries of the vegetation category areas for the PMAV;
(d) that the owner may make submissions about the proposed decision;
(e) how to make a properly made submission;
(f) where the submission may be made or sent;
(g) a period within which the submission must be made.
(6) The stated period must be at least 15 business days after the notice is given.
(7) If, after considering any properly made submission by the owner, the chief executive still considers the relevant area is not a category X area, the chief executive may make the relevant area other than a category X area on the PMAV.
(8) The chief executive must give the owner an information notice about the decision to make the relevant area other than a category X area.
(9) In this section—
properly made submission means a submission that—
(a) is written; and
(b) is signed by each person (a signatory) who made the submission; and
(c) states the name and address of each signatory; and
(d) states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and
(e) is made to the person stated in the notice inviting the submission; and
(f) is received on or before the last day for the making of the submission.