Queensland Consolidated Acts

VEGETATION MANAGEMENT ACT 1999 - SECT 22M

(1) The assessment manager may refuse a vegetation clearing application if—

(a) the applicant has been convicted of a vegetation clearing offence in the relevant period, regardless of whether the offence was committed before the relevant period; or

(b) the owner of the land has been convicted of a vegetation clearing offence in the relevant period, regardless of whether the offence was committed before the relevant period.

(2) Subsection (1) does not limit the grounds on which the assessment manager may refuse the application under the Planning Act.

(3) In this section—

conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

relevant period means—

(a) for an application made before 28 March 2008—the period from 28 March 2003 until the application is made; or

(b) for an application made on or after 28 March 2008—the period of 5 years immediately before the application is made.

vegetation clearing offence includes a tree clearing offence under the Land Act 1994, as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004, section 3.