Queensland Consolidated Acts Queensland Consolidated Actsaccreditation notice, for an area management plan, see section 20T(1)(a).
accredited existing planning document, for part 2, division 5B, see section 20I.
applicable code means an applicable code as defined under the Planning Act.
applicant, for part 2, division 5B, subdivision 6, see section 20ZA.
approved draft plan, for part 2, division 5B, see section 20I.
approved form means a form approved by the chief executive under section 68D.
approved restoration plan means a restoration plan approved by the chief executive under part 3, division 1, subdivision 8.
area management clearing notification see section 20W(2).
area management plan, for part 2, division 5B, see section 20J.
area of high nature conservation value means an area declared to be an area of high nature conservation value under—
(a) a declaration made by the Governor in Council under section 17; or
(b) an interim declaration made by the Minister under section 18; or
(c) a declaration made by the chief executive under section 19F.
area vulnerable to land degradation means an area declared to be an area vulnerable to land degradation under—
(a) a declaration made by the Governor in Council under section 17; or
(b) an interim declaration made by the Minister under section 18; or
(c) a declaration made by the chief executive under section 19F.
assessment manager means an assessment manager as defined under the Planning Act.
ballot application period means the period notified by the Minister in the gazette as the ballot application period.
bed and banks—
1 Bed and banks, of a watercourse or lake, means land over which the water of the watercourse or lake normally flows or that is normally covered by the water, whether permanently or intermittently.
2 Bed and banks, does not include land adjoining or adjacent to the bed or banks that is from time to time covered by floodwater.
biodiversity means the variability among living organisms from all sources, including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part, and includes—
(a) diversity within species and between species; and
(b) diversity of ecosystems.
bioregion means a bioregion shown on map number V0001 held by the department.
broadscale application means a vegetation clearing application that—
(a) does not include any other development; and
(b) is not for a relevant purpose under section 22A.
category A area see section 20AL.
category B area see section 20AM.
category C area see section 20AN.
category X area see section 20AO.
centre of endemism means an area containing concentrations of species that are largely restricted to the area.
clear, for vegetation—
(a) means remove, cut down, ringbark, push over, poison or destroy in any way including by burning, flooding or draining; but
(b) does not include destroying standing vegetation by stock, or lopping a tree.
clearing allocation, for a region, means the total area of the region for which broadscale applications may be approved.
clearing area—
(a) for part 2, divisions 4B and 4C, see section 19U(1); or
(b) for part 2, division 5B, see section 20W(2)(c).
clearing notification, for clearing regulated regrowth vegetation under the regrowth vegetation code, see section 19U(2).
clearing offence means an offence under the Forestry Act 1959, the Nature Conservation Act or the Environmental Protection Act 1994.
commercial timber includes timber of a species prescribed under a regulation for section 70A(3).
concurrence agency means a concurrence agency as defined under the Planning Act.
concurrence agency application means a development application for a material change of use of premises or reconfiguring a lot for which the chief executive is a concurrence agency.
concurrence agency policy see section 10A(3).
criminal history, of a person, means the convictions, including spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this Act.
currency period means the period mentioned in the Planning Act, section 341.
CYPH Act means the Cape York Peninsula Heritage Act 2007.
decision, for part 4, division 4, see section 68CA.
declared area means an area declared under section 17, 18 or 19F.
declared area code—
(a) for a declared area under part 2, division 4, subdivision 1—see section 17(2); and
(b) for a declared area under part 2, division 4, subdivision 2—see section 19H(2).
declared pest means a declared pest under the Land Protection (Pest and Stock Route Management) Act 2002.
deemed refusal means a deemed refusal as defined under the Planning Act.
development means development as defined under the Planning Act.
development application means a development application under the Planning Act.
development approval—
1 Generally, a development approval is a development approval under the Planning Act for a vegetation clearing application.
2 For part 2, division 6A, the term also includes a development approval under the Planning Act for a concurrence agency application.
document certification requirement see section 52(5) and (6).
draft plan, for part 2, division 5B, subdivision 2, see section 20M(3)(a)(i).
encroachment means a woody species that has invaded an area of a grassland regional ecosystem to an extent the area is no longer consistent with the description of the regional ecosystem.
endangered regional ecosystem means a regional ecosystem declared to be an endangered regional ecosystem under section 22LA.
equipment includes machinery.
essential habitat, for protected wildlife, see section 20AC(2).
essential habitat map see section 20AC(1).
essential regrowth habitat, for protected wildlife, see section 20AC(5).
exchange area means an area of vegetation that must be protected in the way provided under the regrowth vegetation code in exchange for clearing regulated regrowth vegetation.
exempt development means exempt development under the Planning Act.
existing planning document, for part 2, division 5B, see section 20K.
FA chief executive means the chief executive of the department that administers the Forestry Act 1959.
fodder harvesting—
1 Fodder harvesting is the clearing of vegetation, predominantly consisting of fodder species—
(a) necessary to provide fodder for stock; and
(b) carried out in a way that—
(i) conserves the vegetation in perpetuity; and
(ii) conserves the regional ecosystem in which the vegetation is situated; and
(iii) results in the woody biomass of the cleared vegetation remaining where it is cleared.
2 For paragraph 1, fodder species are any of the following—
(a) Acacia aneura;
(b) Acacia cibaria (Acacia brachystachya);
(c) Acacia excelsa;
(d) Acacia pendula;
(e) Acacia stowardii;
(f) Alphitonia excelsa;
(g) Flindersia maculosa;
(h) Geijera parviflora.
forest practice—
1 Forest practice means planting trees, or managing, felling and removing standing trees, on freehold land or indigenous land on which the State does not own the trees, for an ongoing forestry business in a—
(a) plantation; or
(b) native forest, if, in the native forest—
(i) all the activities are conducted in a way that is consistent with the native forest practice code; or
(ii) if the native forest practice code does not apply to the activities, all the activities are conducted in a way that—
(A) ensures restoration of a similar type, and to the extent, of the removed trees; and
(B) ensures trees are only felled for the purpose of being sawn into timber or processed into another value added product (other than woodchips for an export market); and
(C) does not cause land degradation.
2 The term includes carrying out limited associated work, including, for example, drainage, construction and maintenance of roads or vehicular tracks, and other necessary engineering works.
3 The term does not include clearing vegetation for the initial establishment of a plantation.
freehold land includes land in a freeholding lease under the Land Act 1994.
grassland regional ecosystem means a regional ecosystem prescribed under a regulation as a grassland regional ecosystem.
IDAS means the system detailed in the Planning Act, chapter 6, for integrating State and local government assessment and approval processes for development.
identifying number, for an area management plan, see section 20V(1)(a).
indigenous community use area see the CYPH Act, schedule.
indigenous land means, for regulating the clearing of vegetation, land held under a following Act by, or on behalf of or for the benefit of, Aboriginal or Torres Strait Islander inhabitants or purposes—
(a) the Aurukun and Mornington Shire Leases Act 1978;
(b) the Aborigines and Torres Strait Islanders (Land Holding) Act 1985;
(c) the Aboriginal Land Act 1991;
(d) the Torres Strait Islander Land Act 1991;
(e) the Land Act 1994.
information notice, about a decision, means a notice stating each of the following—
(a) the decision, and the reasons for it;
(b) the rights of review under this Act;
(c) the period in which any review under this Act must be started;
(d) how rights of review under this Act are to be exercised.
information request means an information request as defined under the Planning Act.
lake see the Water Act 2000.
Land Act notice means a compliance notice given for a tree clearing offence under the Land Act 1994 as in force immediately before the commencement of the Vegetation Management and Other Legislation Act 2004, section 3.
Land Act tenure means any of the following—
(a) unallocated State land;
(b) a road;
(c) an area subject to a lease under the Land Act 1994.
land degradation includes the following—
(a) soil erosion;
(b) rising water tables;
(c) the expression of salinity;
(d) mass movement by gravity of soil or rock;
(e) stream bank instability;
(f) a process that results in declining water quality.
least concern regional ecosystem means a regional ecosystem declared to be a least concern regional ecosystem under section 22LC.
lopping, a tree, means cutting or pruning its branches, but does not include—
(a) removing its trunk; and
(b) cutting or pruning its branches so severely that it is likely to die.
mandatory condition, of an area management plan, see section 20Q(1).
material change of use means a material change of use under the Planning Act.
moratorium exemption means an exemption under the repealed Moratorium Act.
native forest practice means a forest practice other than in a plantation.
native forest practice code see section 19O.
Nature Conservation Act means the Nature Conservation Act 1992.
occupier, of land, means—
(a) the person in actual occupation of the land or, if there is no person in actual occupation, the person entitled to possession of the land; and
(b) if there is more than 1 occupier of the land—any of the occupiers.
of concern regional ecosystem means a regional ecosystem declared to be an of concern regional ecosystem under section 22LB.
official means—
(a) the chief executive; or
(b) an authorised officer.
offset see section 22DG(1).
offset area see section 22DG(2).
offsets policy see section 10C(1).
original decision see section 63A(1)(a).
owner, of land—
(a) includes, generally—
(i) for freehold land—the registered owner; or
(ii) for a lease, license or permit under the Land Act 1994—the lessee, licensee or permittee; or
(iii) for indigenous land—the holder of title to the land; or
(iv) for any tenure under any other Act—the holder of the tenure; and
(b) for part 2, division 5B—see section 20I.
plan area, for part 2, division 5B, see section 20I.
Planning Act means the Sustainable Planning Act 2009.
plan period, for an area management plan that consists of an approved draft plan, see section 20S(1)(a).
PMAV see section 20AK.
PMAV application, for part 4, division 4, see section 68CA.
pre-clearing extent, of a regional ecosystem, means the extent of the regional ecosystem before it was cleared.
primary producer, for part 2, division 4C, see section 19Y.
primary production business, for part 2, division 4C, see section 19Y.
primary production entity, for part 2, division 4C, see section 19Y.
property map of assessable vegetation see section 20AK.
property vegetation management plan means a plan of the area to which a vegetation clearing application or concurrence agency application relates showing the matters prescribed under a regulation.
proponent, for part 2, division 4, subdivision 2, see section 19E(1).
proposed area, for part 2, division 5B, see section 20I.
protected wildlife see section 11(2)(a).
public place means a place the public is entitled to use, open to the public or used by the public, whether or not on payment of an amount.
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
reconfiguring a lot means reconfiguring a lot under the Planning Act.
referral agency's response means an advice agency's response or a concurrence agency's response under the Planning Act.
regional ecosystem means a vegetation community in a bioregion that is consistently associated with a particular combination of geology, landform and soil.
regional ecosystem map see section 20A.
regional ecosystem number, for a regional ecosystem, means the regional ecosystem number that is established under the Regional Ecosystem Description Database.
Note—
The Regional Ecosystem Description Database is a database containing regional ecosystem numbers and descriptions of the regional ecosystems that is maintained by the Queensland Herbarium. The database is available on the department's website at.
regional vegetation management code see section 11.
registered area of agriculture map see section 20AD.
regrowth clearing authorisation see section 19ZA(1).
regrowth vegetation means vegetation that is not remnant vegetation.
regrowth vegetation code see section 19S(1).
regrowth vegetation map see section 20AB.
regulate includes prohibit.
regulated regrowth vegetation—
1 Regulated regrowth vegetation is vegetation—
(a) identified on the regrowth vegetation map as high value regrowth vegetation; or
(b) located within 50m of a watercourse identified on the regrowth vegetation map as a regrowth watercourse; or
(c) contained in a category C area shown on a PMAV.
2 The exact location of a watercourse mentioned in paragraph 1(b) depends upon the location of the watercourse from time to time.
relevant entity, for part 2, division 4C, see section 19Y.
relevant PMAV application, for part 4, division 4, see section 68CA.
relevant vegetation map, for part 4, division 4, see section 68CA.
remnant map see section 20AA.
remnant vegetation means vegetation, part of which forms the predominant canopy of the vegetation—
(a) covering more than 50% of the undisturbed predominant canopy; and
(b) averaging more than 70% of the vegetation's undisturbed height; and
(c) composed of species characteristic of the vegetation's undisturbed predominant canopy.
repealed Moratorium Act means the Vegetation Management (Regrowth Clearing Moratorium) Act 2009.
restoration notice see section 54B(2).
restoration plan see section 55AA(b).
restricted (fodder harvesting) land, for part 2, division 5B, see section 20I.
review decision see section 63A(1)(b).
road see the Transport Infrastructure Act 1994, schedule 6.
special clearing code see section 19N(1).
spent conviction means a conviction—
(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b) that is not revived as prescribed by section 11 of that Act.
State policy means the policy approved under section 10(3).
stop work notice see section 54A(2).
thinning—
1 Thinning means the selective clearing of vegetation at a locality to restore a regional ecosystem to the floristic composition and range of densities typical of the regional ecosystem surrounding that locality.
2 The term does not include clearing using a chain or cable linked between 2 tractors, bulldozers or other traction vehicles.
trespass notice means a trespass notice under the Land Act 1994, section 406.
undisturbed height, for vegetation, means the height to which the vegetation normally grows.
undisturbed predominant canopy, for vegetation, means the predominant canopy the vegetation normally has.
unlawfully cleared means cleared of vegetation by a person in contravention of—
(a) a vegetation clearing provision, if the person—
(i) has not contested an infringement notice given for the contravention; or
(ii) has been convicted of the contravention, whether or not the conviction is recorded; or
(b) a tree clearing provision under the Land Act 1994, as in force before the commencement of the Vegetation Management and Other Legislation Amendment Act 2004, section 3.
vegetation see section 8.
vegetation category area see section 20AK(3).
vegetation clearing application means a development application that involves development that is—
(a) the clearing of native vegetation as defined under that Act; and
(b) assessable development prescribed under section 232(1) of that Act.
vegetation clearing offence means an offence against a vegetation clearing provision.
vegetation clearing provision means the Planning Act, section 578(1), 580(1), 581, 582 or 594(1) to the extent the provision relates to the clearing of vegetation.
vegetation management see section 9.
vegetation management map means each of the following—
(a) regional ecosystem map;
(b) remnant map;
(c) regrowth vegetation map;
(d) essential habitat map;
(e) registered area of agriculture map.
vegetation management offset see section 22DG(1).
watercourse—
1 Watercourse means a river, creek or stream in which water flows permanently or intermittently—
(a) in a natural channel, whether artificially improved or not; or
(b) in an artificial channel that has changed the course of the watercourse.
2 Watercourse includes the bed and banks and any other element of a river, creek or stream confining or containing water.
wildlife refugium means an area that is a sanctuary to which a species or group of species has retreated, or been confined, in response to threatening processes, including a climatic change.
wild river area see the Wild Rivers Act 2005, schedule.
wild river declaration see the Wild Rivers Act 2005, schedule.
wild river high preservation area means a high preservation area under the Wild Rivers Act 2005.