Queensland Numbered Acts

VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2018 - SECT 45

45 Insertion of new ch 8, pt 4

Chapter 8 —
insert—

Part 4 - Transitional provisions for Vegetation Management and Other Legislation Amendment Act 2018

329 Definitions for part In this part—

"amending Act" means the Vegetation Management and Other Legislation Amendment Act 2018 .

"date of assent" means the date of assent of the amending Act.

"essential habitat" see the Vegetation Management Act 1999, section 20AC(2).

"high value agriculture clearing" means high value agriculture clearing within the meaning of the Vegetation Management Act 1999 immediately before 8 March 2018.

"interim period" means the period starting on 8 March 2018 and ending immediately before the date of assent.

"irrigated high value agriculture clearing" means irrigated high value agriculture clearing within the meaning of the Vegetation Management Act 1999 immediately before 8 March 2018.

"near threatened wildlife" see the Nature Conservation Act 1992, schedule.

"protected wildlife" see the Vegetation Management Act 1999 , schedule.

"unlawful clearing" means clearing of vegetation that, because of the amendment of this Act or the Vegetation Management Act 1999 by the amending Act, constitutes a development offence.

330 Development applications made but not decided before commencement

(1) This section applies if—

(a) before 8 March 2018, a development application was made for development that, on 8 March 2018—

(i) is prohibited development under the Planning Regulation 2017, schedule 10, part 3, division 1 ; or

(ii) is assessable development prescribed under section 43(1)(a) for the clearing of vegetation that includes essential habitat for protected wildlife and near threatened wildlife; and

(b) the application was a properly made application; and

(c) immediately before 8 March 2018, the development application had not been decided.

(2) The application must continue to be dealt with and decided under this Act as in force before 8 March 2018.

331 Certain development approvals not affected

(1) This section applies to a development approval in effect immediately before 8 March 2018.

(2) The amending Act does not stop or further regulate development under the development approval or otherwise affect the approval.

332 Unlawful clearing not an offence during interim period Sections 162 and 163, to the extent the provisions relate to unlawful clearing, do not apply to a person carrying out unlawful clearing during the interim period.

Note—

See the Vegetation Management Act 1999, part 3, division 1, subdivision 7 for provisions relating to a restoration notice under that Act.

333 Development application for certain operational works during interim period

(1) This section applies to a development application made during the interim period for operational work that is the clearing of vegetation that—

(a) is assessable development prescribed under section 43(1)(a); and

(b) is high value agriculture clearing or irrigated high value agriculture clearing; and

(c) is not for a relevant purpose mentioned in the Vegetation Management Act 1999 , section 22A(2)(a) to (j) or (2AA).

(2) The application is taken not to have been made and any decision on the application is of no effect.

334 Development application for certain material change of use during interim period

(1) This section applies to a development application made during the interim period for a material change of use that is assessable development if—

(a) the material change of use involves the clearing of vegetation that is high value agriculture clearing or irrigated high value agriculture clearing; and

(b) because of the clearing, the chief executive would be a referral agency for the material change of use if a development application were made for the material change of use.

(2) The application is taken not to have been made and any decision on the application is of no effect.