Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2018 - SECT 12

Amendment of s 20CA (Process before making PMAV)

12 Amendment of s 20CA (Process before making PMAV)

(1) Section 20CA (2)(a) to (e)—
omit, insert—
(a) the clearing was carried out under a moratorium exemption; or
(b) the clearing was carried out under a development approval other than a development approval for—
(i) fodder harvesting; or
(ii) managing thickened vegetation; or
(iii) clearing of encroachment; or
(iv) controlling non-native plants or declared pests; or
(v) necessary environmental clearing; or
(c) the clearing was carried out under an accepted development vegetation clearing code other than for—
(i) conducting a native forest practice; or
(ii) fodder harvesting; or
(iii) clearing of encroachment; or
(iv) controlling non-native plants or declared pests; or
(v) necessary environmental clearing; or
(d) the clearing was carried out under an area management plan other than for—
(i) fodder harvesting; or
(ii) managing thickened vegetation; or
(iii) clearing of encroachment; or
(iv) controlling non-native plants or declared pests; or
(v) necessary environmental clearing; or
(e) the clearing was not carried out under an accepted development vegetation clearing code or an area management plan and, when the clearing was carried out, the clearing did not require a development permit under the Planning Act .
(2) Section 20CA (3)—
omit, insert—
(3) Also, the chief executive can not make the relevant area a category X area on the PMAV if—
(a) the vegetation in the relevant area is not remnant vegetation or high value regrowth vegetation because of clearing that happened because of burning, flooding or natural causes; or
(b) the chief executive is satisfied the clearing of vegetation for the relevant area after 29 November 2013 was not lawfully carried out.
(3A) However, subsection (3) does not prevent the chief executive making the relevant area a category X area on the PMAV if clearing in the area was carried out under subsection (2)(a), (b), (c), (d) or (e) after the clearing mentioned in subsection (3)(a) or (b).
(3) Section 20CA (9)—
insert—

"lawfully carried out" , for the clearing of vegetation, means the clearing was, at the time of the clearing, authorised or permitted under this Act or under any of the following—
(a) the Planning Act ;
(b) the repealed Integrated Planning Act 1997 ;
(c) the repealed Sustainable Planning Act 2009 ;
(d) the State Development and Public Works Organisation Act 1971 ;
(e) the Cape York Peninsula Heritage Act 2007.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback