Queensland Numbered Acts

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VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 41 - SECT 9

9 Amendment of sch 10 (Dictionary)

(1) Schedule 10, definition, watercourse--

omit.

(2) Schedule 10--

insert--

'bed and banks--

1 Bed and banks, of a watercourse or lake, for the definition specified activity, 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.

lake see the Water Act 2000.

watercourse--

1 Watercourse, for schedule 8, part 1, table 4, item 5(b)(iv), 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, for the definition specified activity--
(a) means a river, creek or stream in which water flows permanently or intermittently--
(b) includes the bed and banks and any other element of a river, creek or stream confining or containing water.'.

(3) Schedule 10, definition quarry material, 'item 6'--

omit, insert--

'item 5'.

(4) Schedule 10, definition specified activity--

insert--

'(ab) clearing an area of vegetation that is less than 0.125 ha within a watercourse or lake for an activity (other than an activity relating to a material change of use of premises or the reconfiguring of a lot) that is subject to an approval process and is approved under this or another Act if--
(i) the area is shown on a property map of assessable vegetation as a category 3 area, a category 4 area or a category X area; or
(ii) for the area, 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'.


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