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VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2018 - SECT 14

Replacement of pt 2, div 5B (Area management plans)

14 Replacement of pt 2, div 5B (Area management plans)

Part 2 , division 5B
omit, insert—

Division 5B - Area management plans

Subdivision 1 - Preliminary

21 Definitions for division In this division—

"area management plan" means an area management plan made by the chief executive under subdivision 2.

"plan area" , for an area management plan, means the area to which the plan relates.

"restricted (fodder harvesting) land" see section 21A.
21A What is restricted (fodder harvesting) land
(1)
"Restricted (fodder harvesting) land" is—
(a) a State-controlled road under the Transport Infrastructure Act 1994 ; or
(b) a road controlled by a local government under the Local Government Act 2009 ; or
(c) trust land under the Land Act 1994 .
(2) However,
"restricted (fodder harvesting) land" does not include indigenous land.

Subdivision 2 - Plans made by chief executive

21B Chief executive may make area management plans
(1) The chief executive may make an area management plan for an area that provides for any matter about clearing vegetation the chief executive considers necessary or desirable for achieving the purpose of this Act.
(2) An area management plan must—
(a) include enough information to allow the chief executive to map the boundary of—
(i) the plan area; and
(ii) if the conditions for clearing vegetation relate to different zones within the plan area—each of the zones; and
(b) state—
(i) the management intent and management outcomes for vegetation management in the plan area; and
(ii) the conditions for clearing, or restricting clearing of, vegetation in the area to achieve the management intent and management outcomes; and
(c) provide for, or allow, clearing of vegetation for 1 or more of the following—
(i) controlling non-native plants or declared pests;
(ii) ensuring public safety;
(iii) relevant infrastructure activities;
(iv) clearing of encroachment;
(v) managing thickened vegetation;
(vi) fodder harvesting, other than on a part of the area that is restricted (fodder harvesting) land;
(vii) necessary environmental clearing; and
(d) not be inconsistent with the State policy.
(3) An area management plan is not subordinate legislation.
21C Plan period for area management plan An area management plan must state the period, of no longer than 10 years, for which it will be in force, and remains in force until the end of the period.
21D Mandatory conditions for area management plan
(1) An area management plan is subject to the conditions under subsections (2) and (3).
(2) If the plan provides for, or allows, clearing of vegetation for relevant infrastructure activities, the condition is that the clearing can not reasonably be avoided or minimised.
(3) If the plan area includes restricted (fodder harvesting) land, the condition is that vegetation on the land can not be cleared for fodder harvesting.

Subdivision 3 - Keeping plans

21E Register of area management plans
(1) The chief executive must—
(a) give each area management plan a unique identifying number; and
(b) keep a register of area management plans.
(2) The register must include details of each notice the chief executive considers appropriate.



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