{"id":"qld:sl-2023-0108","name":"Economic Development (Vegetation Management) By-law 2023","slug":"economic-development-vegetation-management-by-law-2023","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"108 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173745,"registerId":"qld-sl-2023-0108-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis by-law may be cited as the Economic Development (Vegetation Management) By-law 2023 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Main purpose of by-law and how it is to be achieved","content":"### sec.2 Main purpose of by-law and how it is to be achieved\n\nThe main purpose of this by-law is to identify vegetation within relevant priority development areas that is to be managed—\nto maintain biodiversity; or\nto preserve natural landforms; or\nto ensure its continued contribution to the character of the landscape; or\nto protect its historical, cultural heritage or amenity value to the public.\nThe main purpose is to be achieved by—\ndeclaring vegetation to be controlled vegetation; and\nregulating interference with controlled vegetation; and\nregulating activities in relation to other particular vegetation.\n(sec.2-ssec.1) The main purpose of this by-law is to identify vegetation within relevant priority development areas that is to be managed— to maintain biodiversity; or to preserve natural landforms; or to ensure its continued contribution to the character of the landscape; or to protect its historical, cultural heritage or amenity value to the public.\n(sec.2-ssec.2) The main purpose is to be achieved by— declaring vegetation to be controlled vegetation; and regulating interference with controlled vegetation; and regulating activities in relation to other particular vegetation.\n- (a) to maintain biodiversity; or\n- (b) to preserve natural landforms; or\n- (c) to ensure its continued contribution to the character of the landscape; or\n- (d) to protect its historical, cultural heritage or amenity value to the public.\n- (a) declaring vegetation to be controlled vegetation; and\n- (b) regulating interference with controlled vegetation; and\n- (c) regulating activities in relation to other particular vegetation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application of by-law","content":"### sec.3 Application of by-law\n\nThis by-law applies to vegetation within a priority development area in the local government area of Brisbane (a relevant priority development area ).","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Non-application of particular local law","content":"### sec.4 Non-application of particular local law\n\nThe local law called ‘Natural Assets Local Law 2003’, made by Brisbane City Council, does not apply to vegetation within a relevant priority development area.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this by-law.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Managing interference with controlled vegetation","content":"# Managing interference with controlled vegetation","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Declaration of controlled vegetation","content":"### sec.6 Declaration of controlled vegetation\n\nMEDQ may, by notice given to the owner of land in a relevant priority development area, declare vegetation on the land to be controlled vegetation .\nThe notice may be about any of the following vegetation on the land—\na particular tree or plant;\na particular group of trees or plants;\nvegetation of a particular species in a part of the area;\nall, or some, of the vegetation in a part of the area.\nIf MEDQ makes a declaration under subsection (1) , MEDQ must give the owner of the land an information notice for the decision to make the declaration.\n(sec.6-ssec.1) MEDQ may, by notice given to the owner of land in a relevant priority development area, declare vegetation on the land to be controlled vegetation .\n(sec.6-ssec.2) The notice may be about any of the following vegetation on the land— a particular tree or plant; a particular group of trees or plants; vegetation of a particular species in a part of the area; all, or some, of the vegetation in a part of the area.\n(sec.6-ssec.3) If MEDQ makes a declaration under subsection (1) , MEDQ must give the owner of the land an information notice for the decision to make the declaration.\n- (a) a particular tree or plant;\n- (b) a particular group of trees or plants;\n- (c) vegetation of a particular species in a part of the area;\n- (d) all, or some, of the vegetation in a part of the area.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Controlled vegetation to be included in register","content":"### sec.7 Controlled vegetation to be included in register\n\nMEDQ may include controlled vegetation in the register.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Unlawful interference with controlled vegetation","content":"### sec.8 Unlawful interference with controlled vegetation\n\nA person must not interfere with controlled vegetation unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply to a person if—\nthe person holds a controlled vegetation permit for the controlled vegetation; or\nthe person is permitted to interfere with the controlled vegetation under section 9 .\n(sec.8-ssec.1) A person must not interfere with controlled vegetation unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.8-ssec.2) Subsection (1) does not apply to a person if— the person holds a controlled vegetation permit for the controlled vegetation; or the person is permitted to interfere with the controlled vegetation under section 9 .\n- (a) the person holds a controlled vegetation permit for the controlled vegetation; or\n- (b) the person is permitted to interfere with the controlled vegetation under section 9 .","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Permitted interference with controlled vegetation","content":"### sec.9 Permitted interference with controlled vegetation\n\nA person may interfere with controlled vegetation if—\nthe person is an authorised person; or\nthe person interferes with the controlled vegetation while acting in the performance of the person’s duties as—\na public service employee; or\na contractor of a department; or\nan employee or contractor of a local government; or\nan employee or contractor of a public utility provider; or\nthe interference is—\npruning in accordance with AS 4373—2007 (Pruning of amenity trees); or\nremoving part of a tree or plant in response to an immediate and significant threat to a person or property.\nIn this section—\npublic utility provider means an entity, other than a local government, that provides any of the following—\nreticulated water, electricity or gas;\nsewerage or drainage services;\ntelecommunication services.\n(sec.9-ssec.1) A person may interfere with controlled vegetation if— the person is an authorised person; or the person interferes with the controlled vegetation while acting in the performance of the person’s duties as— a public service employee; or a contractor of a department; or an employee or contractor of a local government; or an employee or contractor of a public utility provider; or the interference is— pruning in accordance with AS 4373—2007 (Pruning of amenity trees); or removing part of a tree or plant in response to an immediate and significant threat to a person or property.\n(sec.9-ssec.2) In this section— public utility provider means an entity, other than a local government, that provides any of the following— reticulated water, electricity or gas; sewerage or drainage services; telecommunication services.\n- (a) the person is an authorised person; or\n- (b) the person interferes with the controlled vegetation while acting in the performance of the person’s duties as— (i) a public service employee; or (ii) a contractor of a department; or (iii) an employee or contractor of a local government; or (iv) an employee or contractor of a public utility provider; or\n- (i) a public service employee; or\n- (ii) a contractor of a department; or\n- (iii) an employee or contractor of a local government; or\n- (iv) an employee or contractor of a public utility provider; or\n- (c) the interference is— (i) pruning in accordance with AS 4373—2007 (Pruning of amenity trees); or (ii) removing part of a tree or plant in response to an immediate and significant threat to a person or property.\n- (i) pruning in accordance with AS 4373—2007 (Pruning of amenity trees); or\n- (ii) removing part of a tree or plant in response to an immediate and significant threat to a person or property.\n- (i) a public service employee; or\n- (ii) a contractor of a department; or\n- (iii) an employee or contractor of a local government; or\n- (iv) an employee or contractor of a public utility provider; or\n- (i) pruning in accordance with AS 4373—2007 (Pruning of amenity trees); or\n- (ii) removing part of a tree or plant in response to an immediate and significant threat to a person or property.\n- (a) reticulated water, electricity or gas;\n- (b) sewerage or drainage services;\n- (c) telecommunication services.","sortOrder":10},{"sectionNumber":"pt.3","sectionType":"part","heading":"Controlled vegetation permits","content":"# Controlled vegetation permits","sortOrder":11},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Making applications","content":"## Making applications","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application for permit","content":"### sec.10 Application for permit\n\nA person may apply to MEDQ for a permit (a controlled vegetation permit ) to interfere with controlled vegetation.\nThe application must be in the approved form.\nAlso, if the applicant is not the owner of the land to which the application relates, the application must include, or be accompanied by, the owner’s consent to the application.\n(sec.10-ssec.1) A person may apply to MEDQ for a permit (a controlled vegetation permit ) to interfere with controlled vegetation.\n(sec.10-ssec.2) The application must be in the approved form.\n(sec.10-ssec.3) Also, if the applicant is not the owner of the land to which the application relates, the application must include, or be accompanied by, the owner’s consent to the application.","sortOrder":13},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Deciding applications","content":"## Deciding applications","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"MEDQ must approve or refuse application","content":"### sec.11 MEDQ must approve or refuse application\n\nMEDQ must consider an application for a controlled vegetation permit and decide to grant, or refuse to grant, the application.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"MEDQ may request further information","content":"### sec.12 MEDQ may request further information\n\nBefore deciding to grant, or refuse to grant, an application for a controlled vegetation permit, MEDQ may, by written notice given to the applicant, ask for further information MEDQ reasonably needs to decide the application.\nThe notice must state—\nthe information required; and\nthe period, of at least 20 business days after the day the notice is given, within which the information is required to be given to MEDQ.\nIf the applicant does not comply with the notice, MEDQ may decide to refuse to grant the application.\n(sec.12-ssec.1) Before deciding to grant, or refuse to grant, an application for a controlled vegetation permit, MEDQ may, by written notice given to the applicant, ask for further information MEDQ reasonably needs to decide the application.\n(sec.12-ssec.2) The notice must state— the information required; and the period, of at least 20 business days after the day the notice is given, within which the information is required to be given to MEDQ.\n(sec.12-ssec.3) If the applicant does not comply with the notice, MEDQ may decide to refuse to grant the application.\n- (a) the information required; and\n- (b) the period, of at least 20 business days after the day the notice is given, within which the information is required to be given to MEDQ.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Deciding application for permit","content":"### sec.13 Deciding application for permit\n\nIn deciding an application for a controlled vegetation permit, MEDQ must have regard to the following—\nthe main purpose of this by-law, including the potential impact of the proposed interference on the matters mentioned in section 2 (1) (a) to (d) as those matters relate to the controlled vegetation the subject of the application;\nthe potential environmental impacts of the proposed interference;\nthe reasons for the proposed interference and whether there is any reasonably practicable alternative to the proposed interference.\nIf MEDQ decides to grant the application, and issue a permit without conditions, MEDQ must, within 10 business days after making the decision, give the applicant notice of the decision.\n(sec.13-ssec.1) In deciding an application for a controlled vegetation permit, MEDQ must have regard to the following— the main purpose of this by-law, including the potential impact of the proposed interference on the matters mentioned in section 2 (1) (a) to (d) as those matters relate to the controlled vegetation the subject of the application; the potential environmental impacts of the proposed interference; the reasons for the proposed interference and whether there is any reasonably practicable alternative to the proposed interference.\n(sec.13-ssec.2) If MEDQ decides to grant the application, and issue a permit without conditions, MEDQ must, within 10 business days after making the decision, give the applicant notice of the decision.\n- (a) the main purpose of this by-law, including the potential impact of the proposed interference on the matters mentioned in section 2 (1) (a) to (d) as those matters relate to the controlled vegetation the subject of the application;\n- (b) the potential environmental impacts of the proposed interference;\n- (c) the reasons for the proposed interference and whether there is any reasonably practicable alternative to the proposed interference.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Conditions of permit","content":"### sec.14 Conditions of permit\n\nMEDQ may issue a controlled vegetation permit on the conditions MEDQ considers appropriate, including, for example, a condition—\nregulating how interference with the vegetation is to occur; or\ndirecting when the interference is to be carried out\nrequiring notice to be given to MEDQ before the interference is carried out\nstating the methods and machinery that may be used\nrequiring erosion and sedimentation to be controlled\nidentifying measures that must be taken to ensure surrounding controlled vegetation is not damaged\nstating how vegetation to be removed under the permit is to be disposed of; or\nstating measures to be taken to ensure the ongoing health of the vegetation; or\nrequiring a copy of the permit to be given to a person involved in the interference; or\nrequiring a notice, in the form approved by MEDQ, to be displayed on the land on which the interference with the vegetation is to be carried out; or\nrequiring the holder of the permit to give MEDQ reasonable security, including, for example, a deposit of money, a guarantee or an insurance bond, to ensure compliance with the permit.\nIf MEDQ decides to issue the controlled vegetation permit on conditions, MEDQ must, within 10 business days after making the decision, give the applicant an information notice for the decision.\n(sec.14-ssec.1) MEDQ may issue a controlled vegetation permit on the conditions MEDQ considers appropriate, including, for example, a condition— regulating how interference with the vegetation is to occur; or directing when the interference is to be carried out requiring notice to be given to MEDQ before the interference is carried out stating the methods and machinery that may be used requiring erosion and sedimentation to be controlled identifying measures that must be taken to ensure surrounding controlled vegetation is not damaged stating how vegetation to be removed under the permit is to be disposed of; or stating measures to be taken to ensure the ongoing health of the vegetation; or requiring a copy of the permit to be given to a person involved in the interference; or requiring a notice, in the form approved by MEDQ, to be displayed on the land on which the interference with the vegetation is to be carried out; or requiring the holder of the permit to give MEDQ reasonable security, including, for example, a deposit of money, a guarantee or an insurance bond, to ensure compliance with the permit.\n(sec.14-ssec.2) If MEDQ decides to issue the controlled vegetation permit on conditions, MEDQ must, within 10 business days after making the decision, give the applicant an information notice for the decision.\n- (a) regulating how interference with the vegetation is to occur; or Examples— • directing when the interference is to be carried out • requiring notice to be given to MEDQ before the interference is carried out • stating the methods and machinery that may be used • requiring erosion and sedimentation to be controlled • identifying measures that must be taken to ensure surrounding controlled vegetation is not damaged\n- • directing when the interference is to be carried out\n- • requiring notice to be given to MEDQ before the interference is carried out\n- • stating the methods and machinery that may be used\n- • requiring erosion and sedimentation to be controlled\n- • identifying measures that must be taken to ensure surrounding controlled vegetation is not damaged\n- (b) stating how vegetation to be removed under the permit is to be disposed of; or\n- (c) stating measures to be taken to ensure the ongoing health of the vegetation; or\n- (d) requiring a copy of the permit to be given to a person involved in the interference; or\n- (e) requiring a notice, in the form approved by MEDQ, to be displayed on the land on which the interference with the vegetation is to be carried out; or\n- (f) requiring the holder of the permit to give MEDQ reasonable security, including, for example, a deposit of money, a guarantee or an insurance bond, to ensure compliance with the permit.\n- • directing when the interference is to be carried out\n- • requiring notice to be given to MEDQ before the interference is carried out\n- • stating the methods and machinery that may be used\n- • requiring erosion and sedimentation to be controlled\n- • identifying measures that must be taken to ensure surrounding controlled vegetation is not damaged","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Notice of refusal to grant application for permit","content":"### sec.15 Notice of refusal to grant application for permit\n\nIf MEDQ decides to refuse to grant the application, MEDQ must, within 10 business days after the decision is made, give the applicant an information notice for the decision.","sortOrder":19},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Term of permit","content":"## Term of permit","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Term of controlled vegetation permit","content":"### sec.16 Term of controlled vegetation permit\n\nA controlled vegetation permit is for the term stated in the permit.","sortOrder":21},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Changes to conditions of permits","content":"## Changes to conditions of permits","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"MEDQ may change conditions of permit","content":"### sec.17 MEDQ may change conditions of permit\n\nThis section applies if MEDQ proposes to change a condition of a controlled vegetation permit.\nMEDQ must give the holder of the permit a notice stating—\nthe proposed change; and\nthat the holder may make written representations to MEDQ, within a stated period of at least 20 business days after the notice is given, about why the proposed change should not be made.\nMEDQ may change the condition of the permit if, after considering any written representations made within the stated period, MEDQ still considers the change should be made.\nIf MEDQ decides to change the condition of the permit, MEDQ must give the holder of the permit an information notice for the decision.\nThe decision takes effect on the later of the following days—\nthe day the information notice is given to the holder;\nthe day stated in the information notice for that purpose.\nIf MEDQ decides, after considering any representations made under subsection (2) (b) , not to change the condition of the permit, MEDQ must give the holder notice of the decision.\n(sec.17-ssec.1) This section applies if MEDQ proposes to change a condition of a controlled vegetation permit.\n(sec.17-ssec.2) MEDQ must give the holder of the permit a notice stating— the proposed change; and that the holder may make written representations to MEDQ, within a stated period of at least 20 business days after the notice is given, about why the proposed change should not be made.\n(sec.17-ssec.3) MEDQ may change the condition of the permit if, after considering any written representations made within the stated period, MEDQ still considers the change should be made.\n(sec.17-ssec.4) If MEDQ decides to change the condition of the permit, MEDQ must give the holder of the permit an information notice for the decision.\n(sec.17-ssec.5) The decision takes effect on the later of the following days— the day the information notice is given to the holder; the day stated in the information notice for that purpose.\n(sec.17-ssec.6) If MEDQ decides, after considering any representations made under subsection (2) (b) , not to change the condition of the permit, MEDQ must give the holder notice of the decision.\n- (a) the proposed change; and\n- (b) that the holder may make written representations to MEDQ, within a stated period of at least 20 business days after the notice is given, about why the proposed change should not be made.\n- (a) the day the information notice is given to the holder;\n- (b) the day stated in the information notice for that purpose.","sortOrder":23},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Suspension or cancellation of controlled vegetation permit","content":"## Suspension or cancellation of controlled vegetation permit","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.18 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a controlled vegetation permit—\nthe holder of the permit has contravened a condition of the permit;\nthe permit was obtained on the basis of information the holder of the permit knew was false or misleading in a material particular;\nthe holder of the permit, in relation to a contravention of a condition of the permit, has not complied with—\nan oral direction given under section 29 ; or\na compliance notice given under section 31 .\n- (a) the holder of the permit has contravened a condition of the permit;\n- (b) the permit was obtained on the basis of information the holder of the permit knew was false or misleading in a material particular;\n- (c) the holder of the permit, in relation to a contravention of a condition of the permit, has not complied with— (i) an oral direction given under section 29 ; or (ii) a compliance notice given under section 31 .\n- (i) an oral direction given under section 29 ; or\n- (ii) a compliance notice given under section 31 .\n- (i) an oral direction given under section 29 ; or\n- (ii) a compliance notice given under section 31 .","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Show cause notice","content":"### sec.19 Show cause notice\n\nIf MEDQ believes a ground exists to suspend or cancel a controlled vegetation permit, MEDQ must give the holder of the permit a written notice under this section (a show cause notice ).\nThe show cause notice must state the following—\nthe action MEDQ proposes taking under this division (the proposed action );\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is suspension of the permit—the proposed suspension period;\nthat the holder may, within a stated period (the show cause period ), make written representations to MEDQ to show why the proposed action should not be taken.\nThe show cause period must end at least 15 business days after the holder is given the show cause notice.\n(sec.19-ssec.1) If MEDQ believes a ground exists to suspend or cancel a controlled vegetation permit, MEDQ must give the holder of the permit a written notice under this section (a show cause notice ).\n(sec.19-ssec.2) The show cause notice must state the following— the action MEDQ proposes taking under this division (the proposed action ); the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is suspension of the permit—the proposed suspension period; that the holder may, within a stated period (the show cause period ), make written representations to MEDQ to show why the proposed action should not be taken.\n(sec.19-ssec.3) The show cause period must end at least 15 business days after the holder is given the show cause notice.\n- (a) the action MEDQ proposes taking under this division (the proposed action );\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is suspension of the permit—the proposed suspension period;\n- (e) that the holder may, within a stated period (the show cause period ), make written representations to MEDQ to show why the proposed action should not be taken.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.20 Representations about show cause notice\n\nThe holder of the controlled vegetation permit may make written representations about the show cause notice to MEDQ within the show cause period.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.21 Ending show cause process without further action\n\nIf, after considering any representations made during the show cause period, MEDQ no longer believes a ground exists to take the proposed action, MEDQ must—\ntake no further action about the show cause notice; and\ngive the holder of the controlled vegetation permit written notice that no further action is to be taken about the show cause notice.\n- (a) take no further action about the show cause notice; and\n- (b) give the holder of the controlled vegetation permit written notice that no further action is to be taken about the show cause notice.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Suspension or cancellation","content":"### sec.22 Suspension or cancellation\n\nIf, after considering any representations made during the show cause period, MEDQ still believes a ground exists to take the proposed action, MEDQ may—\nif the proposed action was to suspend the controlled vegetation permit—suspend the permit for not longer than the proposed suspension period; or\nif the proposed action was to cancel the permit—cancel the permit or suspend it for a period.\nIf MEDQ decides to take action under subsection (1) , MEDQ must give an information notice for the decision to the holder of the permit.\nThe decision takes effect on the later of the following—\nthe day the information notice is given to the holder;\nthe day stated in the information notice for that purpose.\n(sec.22-ssec.1) If, after considering any representations made during the show cause period, MEDQ still believes a ground exists to take the proposed action, MEDQ may— if the proposed action was to suspend the controlled vegetation permit—suspend the permit for not longer than the proposed suspension period; or if the proposed action was to cancel the permit—cancel the permit or suspend it for a period.\n(sec.22-ssec.2) If MEDQ decides to take action under subsection (1) , MEDQ must give an information notice for the decision to the holder of the permit.\n(sec.22-ssec.3) The decision takes effect on the later of the following— the day the information notice is given to the holder; the day stated in the information notice for that purpose.\n- (a) if the proposed action was to suspend the controlled vegetation permit—suspend the permit for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the permit—cancel the permit or suspend it for a period.\n- (a) the day the information notice is given to the holder;\n- (b) the day stated in the information notice for that purpose.","sortOrder":29},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Controlled vegetation permit offences and liability","content":"## Controlled vegetation permit offences and liability","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Requirement to comply with conditions of permit","content":"### sec.23 Requirement to comply with conditions of permit\n\nThe holder of a controlled vegetation permit must comply with each condition of the permit unless the holder has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Requirement to produce permit","content":"### sec.24 Requirement to produce permit\n\nA person carrying out work authorised under a controlled vegetation permit must produce the permit immediately upon demand by an authorised person unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Permit holders jointly and severally liable","content":"### sec.25 Permit holders jointly and severally liable\n\nIf more than 1 person is the holder of a controlled vegetation permit, each holder is jointly and severally—\nresponsible for complying with the conditions of the permit; and\nliable to MEDQ for all debts payable under this by-law and unpaid by a holder of the permit.\n- (a) responsible for complying with the conditions of the permit; and\n- (b) liable to MEDQ for all debts payable under this by-law and unpaid by a holder of the permit.","sortOrder":33},{"sectionNumber":"pt.4","sectionType":"part","heading":"Vegetation other than controlled vegetation","content":"# Vegetation other than controlled vegetation","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Vegetation on roads","content":"### sec.26 Vegetation on roads\n\nA person must not, without a reasonable excuse, carry out any of the following activities on a road in a relevant priority development area—\ninterfere with vegetation;\nplant vegetation;\nengage in an activity preparatory to the planting of vegetation.\nMaximum penalty—20 penalty units.\nSubsection (1) does not prohibit a person carrying out an activity if—\nthe person is an authorised person; or\nthe person is otherwise authorised by MEDQ to carry out the activity.\n(sec.26-ssec.1) A person must not, without a reasonable excuse, carry out any of the following activities on a road in a relevant priority development area— interfere with vegetation; plant vegetation; engage in an activity preparatory to the planting of vegetation. Maximum penalty—20 penalty units.\n(sec.26-ssec.2) Subsection (1) does not prohibit a person carrying out an activity if— the person is an authorised person; or the person is otherwise authorised by MEDQ to carry out the activity.\n- (a) interfere with vegetation;\n- (b) plant vegetation;\n- (c) engage in an activity preparatory to the planting of vegetation.\n- (a) the person is an authorised person; or\n- (b) the person is otherwise authorised by MEDQ to carry out the activity.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Hazardous and pest vegetation","content":"### sec.27 Hazardous and pest vegetation\n\nThis section applies if an authorised person—\nbelieves vegetation, or any part of the vegetation, on land in a relevant priority development area is hazardous ( hazardous vegetation ); or\nvegetation that increases the risk of fire\nvegetation that harbours vermin or other pests\nvegetation that triggers allergies or could otherwise cause injury to a person\nvegetation that impedes sightlines for motorists\nfinds pest vegetation on land in a relevant priority development area.\nThe authorised person may give the owner of the land a notice (a management notice ) to take action in relation to the hazardous vegetation or the pest vegetation.\nThe management notice must state—\nthe particular action the owner must take in relation to the hazardous vegetation or pest vegetation; and\naction to control the hazardous vegetation or pest vegetation\nthe period, of at least 20 business days after the notice is given, within which the action must be taken; and\nthat it is an offence for the owner to fail to comply with the notice unless the owner has a reasonable excuse.\nIf an authorised person decides to give the owner a management notice, the authorised person must give the owner an information notice for the decision.\nIn this section—\npest vegetation means vegetation identified as pest vegetation in the register.\n(sec.27-ssec.1) This section applies if an authorised person— believes vegetation, or any part of the vegetation, on land in a relevant priority development area is hazardous ( hazardous vegetation ); or vegetation that increases the risk of fire vegetation that harbours vermin or other pests vegetation that triggers allergies or could otherwise cause injury to a person vegetation that impedes sightlines for motorists finds pest vegetation on land in a relevant priority development area.\n(sec.27-ssec.2) The authorised person may give the owner of the land a notice (a management notice ) to take action in relation to the hazardous vegetation or the pest vegetation.\n(sec.27-ssec.3) The management notice must state— the particular action the owner must take in relation to the hazardous vegetation or pest vegetation; and action to control the hazardous vegetation or pest vegetation the period, of at least 20 business days after the notice is given, within which the action must be taken; and that it is an offence for the owner to fail to comply with the notice unless the owner has a reasonable excuse.\n(sec.27-ssec.4) If an authorised person decides to give the owner a management notice, the authorised person must give the owner an information notice for the decision.\n(sec.27-ssec.5) In this section— pest vegetation means vegetation identified as pest vegetation in the register.\n- (a) believes vegetation, or any part of the vegetation, on land in a relevant priority development area is hazardous ( hazardous vegetation ); or Examples of hazardous vegetation— • vegetation that increases the risk of fire • vegetation that harbours vermin or other pests • vegetation that triggers allergies or could otherwise cause injury to a person • vegetation that impedes sightlines for motorists\n- • vegetation that increases the risk of fire\n- • vegetation that harbours vermin or other pests\n- • vegetation that triggers allergies or could otherwise cause injury to a person\n- • vegetation that impedes sightlines for motorists\n- (b) finds pest vegetation on land in a relevant priority development area.\n- • vegetation that increases the risk of fire\n- • vegetation that harbours vermin or other pests\n- • vegetation that triggers allergies or could otherwise cause injury to a person\n- • vegetation that impedes sightlines for motorists\n- (a) the particular action the owner must take in relation to the hazardous vegetation or pest vegetation; and Example— action to control the hazardous vegetation or pest vegetation\n- (b) the period, of at least 20 business days after the notice is given, within which the action must be taken; and\n- (c) that it is an offence for the owner to fail to comply with the notice unless the owner has a reasonable excuse.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Failure to comply with management notice","content":"### sec.28 Failure to comply with management notice\n\nA person given a management notice must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":37},{"sectionNumber":"pt.5","sectionType":"part","heading":"Enforcement","content":"# Enforcement","sortOrder":38},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Oral directions","content":"## Oral directions","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Authorised person may give oral direction","content":"### sec.29 Authorised person may give oral direction\n\nThis section applies if a person engages in conduct that an authorised person believes is a contravention of—\na condition of the person’s controlled vegetation permit; or\na provision of this by-law.\nAn authorised person may give the person an oral direction requiring the person—\nto stop the conduct; or\nto take action to remedy the contravention.\nThe oral direction must include—\na statement that it is an offence to fail to comply with the direction unless the person has a reasonable excuse; and\nif the direction requires the person to take action to remedy the contravention—the period, of at least 20 business days after the direction is given, within which the action must be taken.\nAs soon as practicable after giving the oral direction, the authorised person must—\nconfirm the direction by notice given to the person; and\ngive the person an information notice for the decision to give the oral direction.\n(sec.29-ssec.1) This section applies if a person engages in conduct that an authorised person believes is a contravention of— a condition of the person’s controlled vegetation permit; or a provision of this by-law.\n(sec.29-ssec.2) An authorised person may give the person an oral direction requiring the person— to stop the conduct; or to take action to remedy the contravention.\n(sec.29-ssec.3) The oral direction must include— a statement that it is an offence to fail to comply with the direction unless the person has a reasonable excuse; and if the direction requires the person to take action to remedy the contravention—the period, of at least 20 business days after the direction is given, within which the action must be taken.\n(sec.29-ssec.4) As soon as practicable after giving the oral direction, the authorised person must— confirm the direction by notice given to the person; and give the person an information notice for the decision to give the oral direction.\n- (a) a condition of the person’s controlled vegetation permit; or\n- (b) a provision of this by-law.\n- (a) to stop the conduct; or\n- (b) to take action to remedy the contravention.\n- (a) a statement that it is an offence to fail to comply with the direction unless the person has a reasonable excuse; and\n- (b) if the direction requires the person to take action to remedy the contravention—the period, of at least 20 business days after the direction is given, within which the action must be taken.\n- (a) confirm the direction by notice given to the person; and\n- (b) give the person an information notice for the decision to give the oral direction.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Failure to comply with oral direction","content":"### sec.30 Failure to comply with oral direction\n\nA person given an oral direction must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":41},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Compliance notices","content":"## Compliance notices","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Authorised person may give compliance notice","content":"### sec.31 Authorised person may give compliance notice\n\nThis section applies if an authorised person believes a person—\nis contravening, or has contravened, a condition of the person’s controlled vegetation permit; or\nis contravening a provision of this by-law; or\nhas contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated.\nThe authorised person may give the person a notice (a compliance notice ) requiring the person to remedy the contravention, including by refraining from doing an act.\nIf the authorised person decides to give the person a compliance notice, the authorised person must give the person an information notice for the decision.\n(sec.31-ssec.1) This section applies if an authorised person believes a person— is contravening, or has contravened, a condition of the person’s controlled vegetation permit; or is contravening a provision of this by-law; or has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated.\n(sec.31-ssec.2) The authorised person may give the person a notice (a compliance notice ) requiring the person to remedy the contravention, including by refraining from doing an act.\n(sec.31-ssec.3) If the authorised person decides to give the person a compliance notice, the authorised person must give the person an information notice for the decision.\n- (a) is contravening, or has contravened, a condition of the person’s controlled vegetation permit; or\n- (b) is contravening a provision of this by-law; or\n- (c) has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Requirements for compliance notice","content":"### sec.32 Requirements for compliance notice\n\nA compliance notice must state the following matters—\nthat the authorised person believes the person to whom the notice is given—\nis contravening, or has contravened, a condition of the person’s permit; or\nis contravening a provision of this by-law; or\nhas contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated;\nif paragraph (a) (i) applies—\nthe condition the authorised person believes is being, or has been, contravened; and\nthe nature of the contravention;\nif paragraph (a) (ii) or (iii) applies—\nthe provision the authorised person believes is being, or has been, contravened; and\nthe nature of the contravention;\nthat the person must remedy the contravention within a stated reasonable period;\nthat it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse.\nIf the compliance notice requires the person to carry out work, it must also give details of the work required.\nIf the compliance notice requires the person to refrain from doing an act, it must also state—\nthe period for which the requirement applies; or\nthat the requirement applies until further notice.\n(sec.32-ssec.1) A compliance notice must state the following matters— that the authorised person believes the person to whom the notice is given— is contravening, or has contravened, a condition of the person’s permit; or is contravening a provision of this by-law; or has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated; if paragraph (a) (i) applies— the condition the authorised person believes is being, or has been, contravened; and the nature of the contravention; if paragraph (a) (ii) or (iii) applies— the provision the authorised person believes is being, or has been, contravened; and the nature of the contravention; that the person must remedy the contravention within a stated reasonable period; that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse.\n(sec.32-ssec.2) If the compliance notice requires the person to carry out work, it must also give details of the work required.\n(sec.32-ssec.3) If the compliance notice requires the person to refrain from doing an act, it must also state— the period for which the requirement applies; or that the requirement applies until further notice.\n- (a) that the authorised person believes the person to whom the notice is given— (i) is contravening, or has contravened, a condition of the person’s permit; or (ii) is contravening a provision of this by-law; or (iii) has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening, or has contravened, a condition of the person’s permit; or\n- (ii) is contravening a provision of this by-law; or\n- (iii) has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated;\n- (b) if paragraph (a) (i) applies— (i) the condition the authorised person believes is being, or has been, contravened; and (ii) the nature of the contravention;\n- (i) the condition the authorised person believes is being, or has been, contravened; and\n- (ii) the nature of the contravention;\n- (c) if paragraph (a) (ii) or (iii) applies— (i) the provision the authorised person believes is being, or has been, contravened; and (ii) the nature of the contravention;\n- (i) the provision the authorised person believes is being, or has been, contravened; and\n- (ii) the nature of the contravention;\n- (d) that the person must remedy the contravention within a stated reasonable period;\n- (e) that it is an offence to fail to comply with the compliance notice unless the person has a reasonable excuse.\n- (i) is contravening, or has contravened, a condition of the person’s permit; or\n- (ii) is contravening a provision of this by-law; or\n- (iii) has contravened a provision of this by-law in circumstances that make it likely the contravention will continue or be repeated;\n- (i) the condition the authorised person believes is being, or has been, contravened; and\n- (ii) the nature of the contravention;\n- (i) the provision the authorised person believes is being, or has been, contravened; and\n- (ii) the nature of the contravention;\n- (a) the period for which the requirement applies; or\n- (b) that the requirement applies until further notice.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Failure to comply with compliance notice","content":"### sec.33 Failure to comply with compliance notice\n\nA person given a compliance notice must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Work to be carried out under compliance notice","content":"### sec.34 Work to be carried out under compliance notice\n\nA compliance notice may require the person to whom it is given to fix any damage resulting from interference with vegetation the subject of the notice, including, for example—\nto rehabilitate the vegetation that has been interfered with; or\nto plant particular vegetation to replace the vegetation that has been interfered with.\nIf the compliance notice requires the person to plant particular vegetation, the notice may require the person—\nto water, tend or otherwise nurture the vegetation; and\nto carry out further action if the vegetation fails to germinate or grow.\n(sec.34-ssec.1) A compliance notice may require the person to whom it is given to fix any damage resulting from interference with vegetation the subject of the notice, including, for example— to rehabilitate the vegetation that has been interfered with; or to plant particular vegetation to replace the vegetation that has been interfered with.\n(sec.34-ssec.2) If the compliance notice requires the person to plant particular vegetation, the notice may require the person— to water, tend or otherwise nurture the vegetation; and to carry out further action if the vegetation fails to germinate or grow.\n- (a) to rehabilitate the vegetation that has been interfered with; or\n- (b) to plant particular vegetation to replace the vegetation that has been interfered with.\n- (a) to water, tend or otherwise nurture the vegetation; and\n- (b) to carry out further action if the vegetation fails to germinate or grow.","sortOrder":46},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Liability and MEDQ’s power to carry out work","content":"## Liability and MEDQ’s power to carry out work","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Joint and several liability","content":"### sec.35 Joint and several liability\n\nIf more than 1 person is the owner of land and an owner of the land is required by an authorised person under this by-law to carry out a particular activity on the land, each owner is jointly and severally—\nresponsible for carrying out the activity; and\nliable to MEDQ for all debts payable under this by-law and unpaid by an owner of the land.\n- (a) responsible for carrying out the activity; and\n- (b) liable to MEDQ for all debts payable under this by-law and unpaid by an owner of the land.","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":"MEDQ’s power to carry out work","content":"### sec.36 MEDQ’s power to carry out work\n\nThis section applies if—\na management notice, oral direction or compliance notice requires a person to carry out work; and\nthe person fails to carry out the work within the period stated in the notice or direction.\nMEDQ may—\ncarry out the work; and\nrecover from the person as a debt—\nthe amount reasonably incurred by MEDQ in carrying out the work; and\ninterest on the amount.\n(sec.36-ssec.1) This section applies if— a management notice, oral direction or compliance notice requires a person to carry out work; and the person fails to carry out the work within the period stated in the notice or direction.\n(sec.36-ssec.2) MEDQ may— carry out the work; and recover from the person as a debt— the amount reasonably incurred by MEDQ in carrying out the work; and interest on the amount.\n- (a) a management notice, oral direction or compliance notice requires a person to carry out work; and\n- (b) the person fails to carry out the work within the period stated in the notice or direction.\n- (a) carry out the work; and\n- (b) recover from the person as a debt— (i) the amount reasonably incurred by MEDQ in carrying out the work; and (ii) interest on the amount.\n- (i) the amount reasonably incurred by MEDQ in carrying out the work; and\n- (ii) interest on the amount.\n- (i) the amount reasonably incurred by MEDQ in carrying out the work; and\n- (ii) interest on the amount.","sortOrder":49},{"sectionNumber":"pt.6","sectionType":"part","heading":"Reviews and appeals","content":"# Reviews and appeals","sortOrder":50},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Definitions for part","content":"### sec.37 Definitions for part\n\nIn this part—\naffected person , in relation to a decision, means—\nif the decision is an original decision—a person who is given, or is entitled to be given, an information notice for the decision; or\nif the decision is an internal review decision—the person who applied for the internal review.\ndecision notice see section 38 (1) .\ninternal review , of an original decision, see section 39 (1) .\ninternal review decision means a decision made, or taken to have been made, under section 41 on an application for internal review of an original decision.\noriginal decision means a decision for which an information notice must be given under this by-law.\n- (a) if the decision is an original decision—a person who is given, or is entitled to be given, an information notice for the decision; or\n- (b) if the decision is an internal review decision—the person who applied for the internal review.","sortOrder":52},{"sectionNumber":"sec.38","sectionType":"section","heading":"Decision notice","content":"### sec.38 Decision notice\n\nA notice given for an internal review decision (a decision notice ) must state the following information—\nthe decision;\nthe reasons for the decision;\nthat the person to whom the notice is given may appeal against the decision under this Act;\nhow, and the period within which, the appeal may be started;\nhow the person may apply for a stay of the decision under section 44 .\nIf MEDQ does not give an affected person a decision notice for an internal review decision within the period required under section 41 , the affected person may ask MEDQ for the decision notice.\nA failure by MEDQ to give an affected person a decision notice for an internal review decision does not limit or otherwise affect the person’s right to appeal to the court against the internal review decision.\n(sec.38-ssec.1) A notice given for an internal review decision (a decision notice ) must state the following information— the decision; the reasons for the decision; that the person to whom the notice is given may appeal against the decision under this Act; how, and the period within which, the appeal may be started; how the person may apply for a stay of the decision under section 44 .\n(sec.38-ssec.2) If MEDQ does not give an affected person a decision notice for an internal review decision within the period required under section 41 , the affected person may ask MEDQ for the decision notice.\n(sec.38-ssec.3) A failure by MEDQ to give an affected person a decision notice for an internal review decision does not limit or otherwise affect the person’s right to appeal to the court against the internal review decision.\n- (a) the decision;\n- (b) the reasons for the decision;\n- (c) that the person to whom the notice is given may appeal against the decision under this Act;\n- (d) how, and the period within which, the appeal may be started;\n- (e) how the person may apply for a stay of the decision under section 44 .","sortOrder":53},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":54},{"sectionNumber":"sec.39","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.39 Who may apply for internal review\n\nAn affected person for an original decision may apply to MEDQ for a review of the decision under this division (an internal review ).\nIf the affected person has not been given an information notice for the original decision, the affected person may ask MEDQ for an information notice for the decision.\nA failure by MEDQ to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.\n(sec.39-ssec.1) An affected person for an original decision may apply to MEDQ for a review of the decision under this division (an internal review ).\n(sec.39-ssec.2) If the affected person has not been given an information notice for the original decision, the affected person may ask MEDQ for an information notice for the decision.\n(sec.39-ssec.3) A failure by MEDQ to give the affected person an information notice for the original decision does not limit or otherwise affect the person’s right to apply for an internal review of the decision.","sortOrder":55},{"sectionNumber":"sec.40","sectionType":"section","heading":"Requirements for application","content":"### sec.40 Requirements for application\n\nAn application for internal review of an original decision must—\nbe in the approved form; and\nif the affected person has been given an information notice for the decision—include enough information to enable MEDQ to decide the application; and\nbe made to MEDQ within—\nif the affected person has been given an information notice for the decision—20 business days after the day the person is given the notice; or\nif the affected person has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision.\nMEDQ may, at any time, extend the period within which the application may be made.\nSubject to section 42 , the application does not affect the operation of the original decision or prevent the decision being implemented.\n(sec.40-ssec.1) An application for internal review of an original decision must— be in the approved form; and if the affected person has been given an information notice for the decision—include enough information to enable MEDQ to decide the application; and be made to MEDQ within— if the affected person has been given an information notice for the decision—20 business days after the day the person is given the notice; or if the affected person has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision.\n(sec.40-ssec.2) MEDQ may, at any time, extend the period within which the application may be made.\n(sec.40-ssec.3) Subject to section 42 , the application does not affect the operation of the original decision or prevent the decision being implemented.\n- (a) be in the approved form; and\n- (b) if the affected person has been given an information notice for the decision—include enough information to enable MEDQ to decide the application; and\n- (c) be made to MEDQ within— (i) if the affected person has been given an information notice for the decision—20 business days after the day the person is given the notice; or (ii) if the affected person has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision.\n- (i) if the affected person has been given an information notice for the decision—20 business days after the day the person is given the notice; or\n- (ii) if the affected person has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision.\n- (i) if the affected person has been given an information notice for the decision—20 business days after the day the person is given the notice; or\n- (ii) if the affected person has not been given an information notice for the decision—20 business days after the day the person becomes aware of the decision.","sortOrder":56},{"sectionNumber":"sec.41","sectionType":"section","heading":"Internal review","content":"### sec.41 Internal review\n\nMEDQ must, within 20 business days after receiving an application for internal review of an original decision—\nreview the original decision; and\ndecide—\nto confirm the original decision; or\nto amend the original decision; or\nto substitute another decision for the original decision; and\ngive the affected person for the original decision a decision notice for MEDQ’s decision under paragraph (b) .\nMEDQ and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for MEDQ to comply with the subsection.\nMEDQ may delegate the power to make a decision under subsection (1) (b) only to an appropriately qualified officer or employee of the department who—\ndid not make the original decision; and\nholds a more senior office than the person who made the original decision.\nIf MEDQ does not give the affected person a decision notice for MEDQ’s decision under subsection (1) (b) within the period required under subsection (1) or a longer period agreed under subsection (2) , MEDQ is taken to confirm the original decision.\n(sec.41-ssec.1) MEDQ must, within 20 business days after receiving an application for internal review of an original decision— review the original decision; and decide— to confirm the original decision; or to amend the original decision; or to substitute another decision for the original decision; and give the affected person for the original decision a decision notice for MEDQ’s decision under paragraph (b) .\n(sec.41-ssec.2) MEDQ and the affected person may, before the period stated in subsection (1) ends, agree to a longer period for MEDQ to comply with the subsection.\n(sec.41-ssec.3) MEDQ may delegate the power to make a decision under subsection (1) (b) only to an appropriately qualified officer or employee of the department who— did not make the original decision; and holds a more senior office than the person who made the original decision.\n(sec.41-ssec.4) If MEDQ does not give the affected person a decision notice for MEDQ’s decision under subsection (1) (b) within the period required under subsection (1) or a longer period agreed under subsection (2) , MEDQ is taken to confirm the original decision.\n- (a) review the original decision; and\n- (b) decide— (i) to confirm the original decision; or (ii) to amend the original decision; or (iii) to substitute another decision for the original decision; and\n- (i) to confirm the original decision; or\n- (ii) to amend the original decision; or\n- (iii) to substitute another decision for the original decision; and\n- (c) give the affected person for the original decision a decision notice for MEDQ’s decision under paragraph (b) .\n- (i) to confirm the original decision; or\n- (ii) to amend the original decision; or\n- (iii) to substitute another decision for the original decision; and\n- (a) did not make the original decision; and\n- (b) holds a more senior office than the person who made the original decision.","sortOrder":57},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Stays","content":"## Stays","sortOrder":58},{"sectionNumber":"sec.42","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.42 Stay of operation of original decision\n\nAn affected person for an original decision may apply to the court for a stay of the operation of the decision.\nThe application may be made at any time within the period within which an application for internal review of the original decision may be made under division 2 .\nThe court may stay the operation of the original decision to secure the effectiveness of the internal review and a later appeal to the court.\nA stay by the court under this section—\nmay be given on conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be amended or revoked by the court.\nThe period of a stay by the court under this section must not extend past the time when MEDQ makes an internal review decision about the original decision and any later period the court allows the affected person to enable the affected person to appeal against the internal review decision.\n(sec.42-ssec.1) An affected person for an original decision may apply to the court for a stay of the operation of the decision.\n(sec.42-ssec.2) The application may be made at any time within the period within which an application for internal review of the original decision may be made under division 2 .\n(sec.42-ssec.3) The court may stay the operation of the original decision to secure the effectiveness of the internal review and a later appeal to the court.\n(sec.42-ssec.4) A stay by the court under this section— may be given on conditions the court considers appropriate; and operates for the period fixed by the court; and may be amended or revoked by the court.\n(sec.42-ssec.5) The period of a stay by the court under this section must not extend past the time when MEDQ makes an internal review decision about the original decision and any later period the court allows the affected person to enable the affected person to appeal against the internal review decision.\n- (a) may be given on conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be amended or revoked by the court.","sortOrder":59},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":60},{"sectionNumber":"sec.43","sectionType":"section","heading":"Appealing internal review decision","content":"### sec.43 Appealing internal review decision\n\nThis section applies to a person who—\nhas applied for an internal review of an original decision; and\nis dissatisfied with the internal review decision.\nThe person may appeal to the court against the internal review decision by filing a notice of appeal with the registrar of the court.\nThe notice of appeal must state fully the grounds of the appeal.\nThe person must file the notice of appeal within 20 business days after a decision notice for the internal review decision is given to the person or the person otherwise becomes aware of the decision.\nHowever, the court may, on application and at any time, extend the time for filing the notice of appeal.\nSubject to section 44 , the appeal does not affect the operation of the internal review decision or prevent the decision being implemented.\n(sec.43-ssec.1) This section applies to a person who— has applied for an internal review of an original decision; and is dissatisfied with the internal review decision.\n(sec.43-ssec.2) The person may appeal to the court against the internal review decision by filing a notice of appeal with the registrar of the court.\n(sec.43-ssec.3) The notice of appeal must state fully the grounds of the appeal.\n(sec.43-ssec.4) The person must file the notice of appeal within 20 business days after a decision notice for the internal review decision is given to the person or the person otherwise becomes aware of the decision.\n(sec.43-ssec.5) However, the court may, on application and at any time, extend the time for filing the notice of appeal.\n(sec.43-ssec.6) Subject to section 44 , the appeal does not affect the operation of the internal review decision or prevent the decision being implemented.\n- (a) has applied for an internal review of an original decision; and\n- (b) is dissatisfied with the internal review decision.","sortOrder":61},{"sectionNumber":"sec.44","sectionType":"section","heading":"Staying operation of internal review decision","content":"### sec.44 Staying operation of internal review decision\n\nA person mentioned in section 43 (1) may apply to the court for a stay of the operation of the internal review decision.\nThe court may, by order, stay the operation of the internal review decision to secure the effectiveness of the appeal.\nThe court may stay the operation of the internal review decision on conditions the court considers appropriate.\nThe stay operates for the period decided by the court.\nHowever, the period of the stay must not extend past the time when the court decides the appeal.\n(sec.44-ssec.1) A person mentioned in section 43 (1) may apply to the court for a stay of the operation of the internal review decision.\n(sec.44-ssec.2) The court may, by order, stay the operation of the internal review decision to secure the effectiveness of the appeal.\n(sec.44-ssec.3) The court may stay the operation of the internal review decision on conditions the court considers appropriate.\n(sec.44-ssec.4) The stay operates for the period decided by the court.\n(sec.44-ssec.5) However, the period of the stay must not extend past the time when the court decides the appeal.","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.45 Powers of court on appeal\n\nWhen deciding an appeal against an internal review decision, the court—\nhas the same powers as MEDQ in making the internal review decision; and\nis not bound by the rules of evidence; and\nmust comply with natural justice.\nAn appeal is by way of rehearing.\nThe court may—\nconfirm the internal review decision; or\nsubstitute another decision for the internal review decision; or\nset aside the internal review decision and return the matter to MEDQ with directions the court considers appropriate.\n(sec.45-ssec.1) When deciding an appeal against an internal review decision, the court— has the same powers as MEDQ in making the internal review decision; and is not bound by the rules of evidence; and must comply with natural justice.\n(sec.45-ssec.2) An appeal is by way of rehearing.\n(sec.45-ssec.3) The court may— confirm the internal review decision; or substitute another decision for the internal review decision; or set aside the internal review decision and return the matter to MEDQ with directions the court considers appropriate.\n- (a) has the same powers as MEDQ in making the internal review decision; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice.\n- (a) confirm the internal review decision; or\n- (b) substitute another decision for the internal review decision; or\n- (c) set aside the internal review decision and return the matter to MEDQ with directions the court considers appropriate.","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":"Effect of court’s decision on appeal","content":"### sec.46 Effect of court’s decision on appeal\n\nIf the court substitutes another decision for the internal review decision—\nthe substituted decision is taken to be a decision of MEDQ; and\nMEDQ may give effect to the substituted decision as if—\nthe substituted decision were the original decision of MEDQ; and\nno application for review or appeal of the original decision had been made.\nIf the court sets aside the internal review decision and returns the matter to MEDQ with directions, any decision made by MEDQ in accordance with the directions may not be reviewed or appealed against under this part.\n(sec.46-ssec.1) If the court substitutes another decision for the internal review decision— the substituted decision is taken to be a decision of MEDQ; and MEDQ may give effect to the substituted decision as if— the substituted decision were the original decision of MEDQ; and no application for review or appeal of the original decision had been made.\n(sec.46-ssec.2) If the court sets aside the internal review decision and returns the matter to MEDQ with directions, any decision made by MEDQ in accordance with the directions may not be reviewed or appealed against under this part.\n- (a) the substituted decision is taken to be a decision of MEDQ; and\n- (b) MEDQ may give effect to the substituted decision as if— (i) the substituted decision were the original decision of MEDQ; and (ii) no application for review or appeal of the original decision had been made.\n- (i) the substituted decision were the original decision of MEDQ; and\n- (ii) no application for review or appeal of the original decision had been made.\n- (i) the substituted decision were the original decision of MEDQ; and\n- (ii) no application for review or appeal of the original decision had been made.","sortOrder":64},{"sectionNumber":"pt.7","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":65},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":66},{"sectionNumber":"sec.47","sectionType":"section","heading":"Repeal","content":"### sec.47 Repeal\n\nThe Economic Development (Vegetation Management) By-law 2013 , SL No. 3 is repealed.","sortOrder":67},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":68},{"sectionNumber":"sec.48","sectionType":"section","heading":"Definitions for division","content":"### sec.48 Definitions for division\n\nIn this division—\nformer , for a provision of the repealed by-law, means the provision as in force from time to time before the commencement.\nnew , for a provision of this by-law, means the provision as in force from the commencement.\nrepealed by-law means the repealed Economic Development (Vegetation Management) By-law 2013 .","sortOrder":69},{"sectionNumber":"sec.49","sectionType":"section","heading":"Existing permit taken to be controlled vegetation permit","content":"### sec.49 Existing permit taken to be controlled vegetation permit\n\nThis section applies to a permit to interfere with controlled vegetation (an existing permit ), granted under former section 13 of the repealed by-law, that was in effect immediately before the commencement.\nFrom the commencement, the existing permit—\nis taken to be a controlled vegetation permit; and\nis taken to be on the same conditions and for the same term, that applied immediately before the commencement, to the existing permit under the repealed by-law.\n(sec.49-ssec.1) This section applies to a permit to interfere with controlled vegetation (an existing permit ), granted under former section 13 of the repealed by-law, that was in effect immediately before the commencement.\n(sec.49-ssec.2) From the commencement, the existing permit— is taken to be a controlled vegetation permit; and is taken to be on the same conditions and for the same term, that applied immediately before the commencement, to the existing permit under the repealed by-law.\n- (a) is taken to be a controlled vegetation permit; and\n- (b) is taken to be on the same conditions and for the same term, that applied immediately before the commencement, to the existing permit under the repealed by-law.","sortOrder":70},{"sectionNumber":"sec.50","sectionType":"section","heading":"Existing application for permit","content":"### sec.50 Existing application for permit\n\nThis section applies if—\nbefore the commencement, an application was made under the repealed by-law for a permit to interfere with controlled vegetation; and\nimmediately before the commencement, the application had not been dealt with.\nThe person is taken to have made an application for a controlled vegetation permit under new section 10.\nAnything done in relation to the application under the repealed by-law is taken to have been done in relation to the application under this by-law.\nThis by-law applies in relation to the application.\n(sec.50-ssec.1) This section applies if— before the commencement, an application was made under the repealed by-law for a permit to interfere with controlled vegetation; and immediately before the commencement, the application had not been dealt with.\n(sec.50-ssec.2) The person is taken to have made an application for a controlled vegetation permit under new section 10.\n(sec.50-ssec.3) Anything done in relation to the application under the repealed by-law is taken to have been done in relation to the application under this by-law.\n(sec.50-ssec.4) This by-law applies in relation to the application.\n- (a) before the commencement, an application was made under the repealed by-law for a permit to interfere with controlled vegetation; and\n- (b) immediately before the commencement, the application had not been dealt with.","sortOrder":71},{"sectionNumber":"sec.51","sectionType":"section","heading":"Existing controlled vegetation notice","content":"### sec.51 Existing controlled vegetation notice\n\nThis section applies if—\na controlled vegetation notice was given under former section 7(1) of the repealed by-law; and\nthe controlled vegetation notice was still in force immediately before the commencement.\nThe notice is taken to be a notice given under new section 6(1).\nAn information notice given under former section 7(5) of the repealed by-law is taken to be an information notice given under new section 6(3).\n(sec.51-ssec.1) This section applies if— a controlled vegetation notice was given under former section 7(1) of the repealed by-law; and the controlled vegetation notice was still in force immediately before the commencement.\n(sec.51-ssec.2) The notice is taken to be a notice given under new section 6(1).\n(sec.51-ssec.3) An information notice given under former section 7(5) of the repealed by-law is taken to be an information notice given under new section 6(3).\n- (a) a controlled vegetation notice was given under former section 7(1) of the repealed by-law; and\n- (b) the controlled vegetation notice was still in force immediately before the commencement.","sortOrder":72},{"sectionNumber":"sec.52","sectionType":"section","heading":"Existing management notice","content":"### sec.52 Existing management notice\n\nThis section applies if—\na management notice was given under former section 26(2) of the repealed by-law; and\nthe management notice was still in force immediately before the commencement.\nThe notice is taken to be a management notice given under new section 27(2).\nAn information notice given under former section 26(4) of the repealed by-law is taken to be an information notice given under new section 27(4).\n(sec.52-ssec.1) This section applies if— a management notice was given under former section 26(2) of the repealed by-law; and the management notice was still in force immediately before the commencement.\n(sec.52-ssec.2) The notice is taken to be a management notice given under new section 27(2).\n(sec.52-ssec.3) An information notice given under former section 26(4) of the repealed by-law is taken to be an information notice given under new section 27(4).\n- (a) a management notice was given under former section 26(2) of the repealed by-law; and\n- (b) the management notice was still in force immediately before the commencement.","sortOrder":73},{"sectionNumber":"sec.53","sectionType":"section","heading":"Existing oral compliance direction","content":"### sec.53 Existing oral compliance direction\n\nThis section applies if—\nan oral compliance direction was given under former section 28(2) of the repealed by-law; and\nthe oral compliance direction was still in force immediately before the commencement.\nThe direction is taken to be an oral direction given under new section 29(2).\nAn information notice given under former section 28(3)(b) of the repealed by-law is taken to be an information notice given under new section 29(4).\n(sec.53-ssec.1) This section applies if— an oral compliance direction was given under former section 28(2) of the repealed by-law; and the oral compliance direction was still in force immediately before the commencement.\n(sec.53-ssec.2) The direction is taken to be an oral direction given under new section 29(2).\n(sec.53-ssec.3) An information notice given under former section 28(3)(b) of the repealed by-law is taken to be an information notice given under new section 29(4).\n- (a) an oral compliance direction was given under former section 28(2) of the repealed by-law; and\n- (b) the oral compliance direction was still in force immediately before the commencement.","sortOrder":74},{"sectionNumber":"sec.54","sectionType":"section","heading":"Existing compliance notice","content":"### sec.54 Existing compliance notice\n\nThis section applies if—\na compliance notice was given under former section 30(2) of the repealed by-law; and\nthe compliance notice was still in force immediately before the commencement.\nThe notice is taken to be a compliance notice given under new section 31(2).\nAn information notice given under former section 30(5) of the repealed by-law is taken to be an information notice given under new section 31(3).\n(sec.54-ssec.1) This section applies if— a compliance notice was given under former section 30(2) of the repealed by-law; and the compliance notice was still in force immediately before the commencement.\n(sec.54-ssec.2) The notice is taken to be a compliance notice given under new section 31(2).\n(sec.54-ssec.3) An information notice given under former section 30(5) of the repealed by-law is taken to be an information notice given under new section 31(3).\n- (a) a compliance notice was given under former section 30(2) of the repealed by-law; and\n- (b) the compliance notice was still in force immediately before the commencement.","sortOrder":75},{"sectionNumber":"sec.55","sectionType":"section","heading":"Existing review","content":"### sec.55 Existing review\n\nThis section applies in relation to a review of a decision under part 5, division 1 of the repealed by-law started, but not decided, before the commencement.\nMEDQ may continue to hear, and decide, the review under the repealed by-law as if this by-law had not been made.\n(sec.55-ssec.1) This section applies in relation to a review of a decision under part 5, division 1 of the repealed by-law started, but not decided, before the commencement.\n(sec.55-ssec.2) MEDQ may continue to hear, and decide, the review under the repealed by-law as if this by-law had not been made.","sortOrder":76},{"sectionNumber":"sec.56","sectionType":"section","heading":"Existing appeal","content":"### sec.56 Existing appeal\n\nThis section applies in relation to an appeal against a review decision under part 5, division 2 of the repealed by-law started, but not decided, before the commencement.\nThe court may continue to hear, and decide, the appeal under the repealed by-law as if this by-law had not been made.\n(sec.56-ssec.1) This section applies in relation to an appeal against a review decision under part 5, division 2 of the repealed by-law started, but not decided, before the commencement.\n(sec.56-ssec.2) The court may continue to hear, and decide, the appeal under the repealed by-law as if this by-law had not been made.","sortOrder":77},{"sectionNumber":"sec.57","sectionType":"section","heading":"References to repealed by-law","content":"### sec.57 References to repealed by-law\n\nIn a document, a reference to the repealed by-law may, if the context permits, be taken to be a reference to this by-law.","sortOrder":78}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"sec.7","severity":"medium","reasoning":"Sec.6 mandates that a declaration notice be given to the landowner, and sec.7 uses 'may' for register inclusion. This creates an asymmetry: the legal obligation exists regardless of registration, but third parties (contractors, buyers, neighbours) have no reliable way to know what vegetation is controlled. The register is thus not a reliable source of truth yet is implicitly relied upon throughout the by-law for operational purposes.","confidence":0.72,"description":"The register inclusion of controlled vegetation is discretionary ('may'), not mandatory, despite the register being used as a definitional basis for 'pest vegetation' in sec.27 and being central to the by-law's enforcement framework. MEDQ could validly declare controlled vegetation under sec.6 and then never record it in the register, leaving affected parties with no practical means of identifying what vegetation is subject to the regime."},{"type":"other","section":"sec.8","severity":"low","reasoning":"The dual-track exemption system (reasonable excuse in sec.8(1) plus non-application in sec.8(2)) is not contradictory per se but creates interpretive ambiguity about whether a permit holder who acts outside permit conditions can still rely on 'reasonable excuse' under sec.8(1) — since sec.8(2) only removes the application of sec.8(1) when the permit is held, but a permit breach might mean the permit exemption is lost, reverting to sec.8(1) and its 'reasonable excuse' defence.","confidence":0.65,"description":"Section 8(1) creates an offence of interfering with controlled vegetation 'unless the person has a reasonable excuse', but sec.8(2) then says sec.8(1) 'does not apply' if the person holds a permit or is permitted under sec.9. This creates a logical redundancy: if sec.8(1) does not apply at all to permit holders, there is no need for a 'reasonable excuse' carve-out in sec.8(1) for those persons. More significantly, a person could simultaneously rely on both a 'reasonable excuse' under sec.8(1) and be exempt under sec.8(2), making the structure internally over-engineered and potentially confusing as to the proper basis of defence."},{"type":"other","section":"sec.9(1)(c)(i)","severity":"medium","reasoning":"The AS 4373-2007 standard was developed for general amenity tree management, not for the protection of culturally or ecologically significant vegetation. Incorporating it as a blanket exemption for controlled vegetation interference — including vegetation declared to protect biodiversity or cultural heritage — creates an anomaly where the protective regime can be entirely bypassed through compliance with a general industry standard.","confidence":0.78,"description":"Section 9(1)(c)(i) permits interference with controlled vegetation by anyone if it constitutes 'pruning in accordance with AS 4373—2007 (Pruning of amenity trees)'. This means any member of the public may prune controlled vegetation without a permit, without notifying MEDQ, and without any oversight, provided they comply with the Australian Standard. This is potentially inconsistent with the by-law's main purpose of protecting vegetation with biodiversity, heritage, or cultural value, since a Standard designed for amenity pruning of urban trees may permit quite significant pruning that damages heritage or ecologically significant specimens."},{"type":"impossible_compliance","section":"sec.14(1)(c)","severity":"medium","reasoning":"Sections 14(1)(b) and 14(1)(c) can be conditions on the same permit. A permit to remove vegetation could simultaneously require 'measures to ensure the ongoing health of the vegetation'. Once vegetation is removed, compliance with an ongoing health condition is physically impossible. The legislature likely intended this to apply to surrounding vegetation, but the drafting does not restrict it in this way.","confidence":0.7,"description":"A permit condition may require 'measures to be taken to ensure the ongoing health of the vegetation', yet permits are expressly granted to authorise interference with controlled vegetation — which may include its removal (see sec.14(1)(b) which contemplates disposal of removed vegetation). Requiring ongoing health measures for vegetation that has been removed under the same permit is logically impossible."},{"type":"other","section":"sec.22(1)(b)","severity":"low","reasoning":"The show cause notice under sec.19 must state 'the proposed action'. If that action was cancellation, the holder's representations would be directed at avoiding cancellation. MEDQ then substituting suspension — a different outcome — without further notice may not be procedurally fair, though it is a lesser penalty. This is a structural oddity in the show cause framework.","confidence":0.6,"description":"Where the proposed action in a show cause notice was cancellation of a controlled vegetation permit, MEDQ may, after the show cause process, decide to 'cancel the permit or suspend it for a period'. This allows MEDQ to impose a lesser sanction (suspension) than was proposed (cancellation) without any prior notice to the permit holder that suspension was being considered, potentially denying the holder the opportunity to make representations specifically addressing suspension as a remedy."},{"type":"other","section":"sec.27(1)(a)","severity":"medium","reasoning":"A plant could be simultaneously declared controlled vegetation under sec.6 (protecting its biodiversity value) and the subject of a management notice under sec.27 (as allergy-triggering hazardous vegetation). The by-law contains no provision resolving the conflict between these two regimes when they apply to the same vegetation, and there is no hierarchy established between them.","confidence":0.75,"description":"The section applies when an authorised person 'believes' vegetation is hazardous. The examples of hazardous vegetation include 'vegetation that triggers allergies'. The subjective belief standard, combined with such a broad and scientifically uncertain category, creates a potentially unlimited power to issue management notices about almost any vegetation (many species trigger some form of allergic response in some persons). This could extend the hazardous vegetation regime to vegetation that is simultaneously declared controlled vegetation for biodiversity or heritage value under sec.6."},{"type":"other","section":"sec.29(3)(b)","severity":"low","reasoning":"The period begins running from when the oral direction is given, yet the person may not have certainty about the exact date and thus the exact deadline until the written confirmation arrives. If the confirmation arrives days later, the 20-business-day period has already partially elapsed. This creates uncertainty about when the period actually ends.","confidence":0.65,"description":"An oral direction requiring remedial action must include 'the period, of at least 20 business days after the direction is given, within which the action must be taken'. However, by definition an oral direction is given verbally in the moment. Communicating a precise 20-business-day timeframe verbally, with sufficient precision to constitute a legal obligation, creates practical compliance difficulties, particularly as the direction may not be confirmed in writing until some later point (the confirmation under sec.29(4) is required only 'as soon as practicable')."},{"type":"other","section":"sec.36(1)","severity":"low","reasoning":"The operational scope of sec.36 is limited to situations where work is required, but an oral direction under sec.29(2)(a) may simply require cessation of conduct — which MEDQ cannot perform as a proxy. The drafting does not acknowledge this limitation.","confidence":0.68,"description":"Section 36 allows MEDQ to carry out work and recover costs if a person fails to comply with a management notice, oral direction or compliance notice. However, an oral direction under sec.29 may require a person to 'stop the conduct' rather than to 'carry out work'. Stopping conduct is not 'work' that MEDQ can carry out on the person's behalf. The section thus has no practical application to 'stop' directions, yet no distinction is drawn."},{"type":"other","section":"sec.46(2)","severity":"high","reasoning":"The preclusion of review and appeal under sec.46(2) applies without qualification. If MEDQ, when complying with court directions, makes a decision that exceeds those directions or is otherwise unlawful, the affected person has no remedy under this by-law. This is a significant curtailment of procedural rights that may also conflict with general administrative law principles and the supervisory jurisdiction of superior courts.","confidence":0.8,"description":"Section 46(2) provides that if the court sets aside an internal review decision and returns the matter to MEDQ with directions, any decision made by MEDQ following those directions 'may not be reviewed or appealed against under this part'. This extinguishes the right of review and appeal for MEDQ's subsequent decision, even if MEDQ makes a fresh decision that is itself flawed or unlawful. This creates a situation where a person is permanently denied statutory appeal rights in respect of any remitted decision."},{"type":"impossible_compliance","section":"sec.55(2)","severity":"medium","reasoning":"If MEDQ elects not to exercise the 'may' power in sec.55(2), the review under the repealed by-law cannot be completed (the repealed by-law is gone), and the person would need to re-apply under the new by-law with fresh time limits. The transitional provision should be mandatory ('must') to protect existing rights.","confidence":0.72,"description":"Section 55(2) provides that MEDQ 'may' continue to hear and decide an existing review under the repealed by-law. The use of 'may' rather than 'must' means MEDQ has a discretion to abandon an existing review mid-process, leaving the affected person in a legal limbo — their review neither decided under the old law nor transitioned to the new law."}],"contradictions":[{"severity":"medium","section_a":"sec.4","section_b":"sec.26","confidence":0.65,"description":"Section 4 displaces the Natural Assets Local Law 2003 (Brisbane City Council) from applying to vegetation in relevant priority development areas. Section 26 then prohibits interference with vegetation on roads in those areas, with exceptions for authorised persons or those authorised by MEDQ. However, the Natural Assets Local Law 2003 may have conferred rights on Brisbane City Council to manage vegetation on its roads. By disapplying the Local Law but not explicitly addressing Council's existing road management powers, there is a potential gap or conflict as to whether Council officers acting under their road management functions are 'authorised persons' or 'authorised by MEDQ' for the purposes of sec.26."},{"severity":"high","section_a":"sec.6(1)","section_b":"sec.27","confidence":0.82,"description":"Section 6(1) allows MEDQ to declare vegetation to be controlled vegetation for purposes including maintaining biodiversity. Section 27 allows an authorised person to issue a management notice requiring the owner to take action (including removal) in relation to hazardous or pest vegetation on the same land. The by-law contains no hierarchy or coordination mechanism for the scenario where the same vegetation is both declared controlled vegetation under sec.6 and identified as hazardous or pest vegetation under sec.27. Compliance with a sec.27 management notice may require interference with controlled vegetation in violation of sec.8, creating an impossible compliance situation."},{"severity":"medium","section_a":"sec.8(1)","section_b":"sec.9(1)(b)","confidence":0.68,"description":"Section 8(1) makes it an offence for 'a person' to interfere with controlled vegetation without reasonable excuse. Section 9(1)(b) exempts a person acting in performance of their duties as an employee or contractor of a local government. However, sec.4 explicitly removes the Brisbane City Council's Natural Assets Local Law from applying to relevant priority development areas — a provision clearly designed to reduce local government authority in these areas. Exempting local government employees from the controlled vegetation interference offence in sec.9(1)(b) potentially re-introduces local government operational authority over the same vegetation that sec.4 sought to remove council jurisdiction over."},{"severity":"low","section_a":"sec.13(2)","section_b":"sec.14(2)","confidence":0.7,"description":"Section 13(2) requires MEDQ, within 10 business days of deciding to grant an application and issue a permit 'without conditions', to give the applicant 'notice of the decision'. Section 14(2) requires MEDQ, within 10 business days of deciding to issue a permit 'on conditions', to give the applicant 'an information notice for the decision'. An information notice (which must include reasons and appeal rights) is a more formal and substantive document than a simple 'notice of decision'. This creates an anomaly where an applicant receiving a conditional permit gets more procedural protection (information notice with appeal rights) than one receiving an unconditional grant (simple notice). This is arguably backwards — the burdened conditional permit holder does get the fuller notice, which is correct, but the drafting is inconsistent in the type of notice required, potentially meaning a flat grant carries no statement of reasons or appeal rights."},{"severity":"medium","section_a":"sec.19(3)","section_b":"sec.17(2)(b)","confidence":0.85,"description":"The show cause period for suspension or cancellation of a permit under sec.19(3) must end 'at least 15 business days' after the holder is given the notice. The period for representations about a proposed change to permit conditions under sec.17(2)(b) must be 'at least 20 business days'. There is no apparent policy justification for the shorter period applying to the more severe action (suspension/cancellation) compared to the longer period for the less severe action (condition change). This inverts the natural expectation that greater procedural protection should accompany more serious potential consequences."},{"severity":"medium","section_a":"sec.40(3)","section_b":"sec.42(2)","confidence":0.73,"description":"Section 40(3) provides that an application for internal review 'does not affect the operation of the original decision or prevent the decision being implemented', subject to sec.42. Section 42(2) provides that an application for a stay of an original decision 'may be made at any time within the period within which an application for internal review of the original decision may be made under division 2'. Reading these together, a person can only apply for a stay of an original decision during the internal review application window — but once the internal review is made (and the window closes), a stay of the original decision is no longer available, even though the original decision's effects may still be live. The stay mechanism under sec.42 does not extend to the period after the internal review decision is made, leaving a gap between the internal review decision and the filing of an appeal under sec.43 where no stay of the original decision is available (sec.44 only stays the internal review decision)."},{"severity":"medium","section_a":"sec.41(4)","section_b":"sec.38(1)(c)","confidence":0.77,"description":"Section 41(4) deems MEDQ to have confirmed the original decision if no decision notice is given within the required period. Section 38(1) requires a decision notice to state, among other things, 'that the person to whom the notice is given may appeal against the decision under this Act' and 'how the person may apply for a stay of the decision under section 44'. However, where the internal review decision is deemed (not actually made), no decision notice is given, yet the person must still appeal within 20 business days of becoming 'aware of the decision' under sec.43(4). The person becomes aware of a deemed decision only by inference (expiry of the period), not through a notice containing the appeal information required by sec.38(1). Section 38(2) provides the person can ask MEDQ for the decision notice, but MEDQ has not in fact made a decision — only a deemed one — creating a procedural circularity."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The by-law is a 2023 replacement of the substantially similar 2013 by-law. The stated purpose, geographic scope (Brisbane PDAs), and core mechanisms (controlled vegetation declarations, permits, enforcement, reviews) are consistent with the original legislative intent. The transitional provisions confirm continuity rather than expansion or contraction of scope. No material change in scope is evident from the text."},"complexity_factors":["Multi-layered decision-making framework: MEDQ declarations, permits, conditions, suspensions/cancellations all have separate procedural requirements","Layered exemptions system: multiple categories of who can interfere with vegetation without a permit, including references to an Australian Standard (AS 4373-2007)","Three-tier enforcement regime: oral directions, compliance notices, and MEDQ self-help powers with debt recovery","Two-stage review and appeal process (internal review then court appeal), each with its own procedural rules and timelines","Stay of proceedings provisions adding another procedural layer","Detailed transitional provisions bridging the 2013 and 2023 versions across six separate categories of existing instruments","Interaction with external legislative frameworks: the Economic Development Act, Brisbane City Council's Natural Assets Local Law 2003 (which is displaced), and standard AS 4373-2007","Joint and several liability provisions applying in multiple contexts (permit holders and landowners)","References to definitions in a schedule not reproduced here, creating interpretive gaps for the reader"],"plain_english_summary":"This by-law gives the Queensland agency MEDQ control over trees and plants in Brisbane Priority Development Areas, replacing council rules. MEDQ can declare vegetation “controlled,” require permits to prune or remove it, and issue notices for hazardous or pest plants.\n\nIt affects property owners, developers, contractors and the council’s previous local law; noncompliance can lead to fines, remediation orders, and MEDQ carrying out works at the owner’s expense."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The by‑law replaces the 2013 Economic Development (Vegetation Management) By‑law and preserves existing permits, applications and notices (secs.47–56). Its stated objectives, the geographic scope (relevant priority development areas in Brisbane) and regulatory structure (declarations of controlled vegetation, permits, enforcement notices and review/appeal mechanisms) largely mirror a classical vegetation control regime. The instrument mostly consolidates and updates procedures (notice types, clearer timeframes, defined exemptions such as AS 4373 pruning and public utility exceptions) rather than materially expanding the geographic scope or introducing wholly new categories of regulated activity. Transitional provisions maintain continuity for existing cases and licences (secs.49–55)."},"complexity_factors":["57 numbered sections plus schedule reference for definitions (schedule 1 defines terms)","Multiple distinct procedural tracks: permit application/decision (pts.3), condition changes and show‑cause (pts.3‑div.4/5), compliance and enforcement (pt.5), and reviews/appeals (pt.6)","Several distinct notice types with specific content and timeframes: information notice, management notice, compliance notice, oral direction (to be confirmed in writing), show‑cause notice, decision notice (secs.6, 19, 31, 29, 38)","Multiple fixed time limits creating sequencing requirements: at least 20 business days (information requests, representation periods), 10 business days (some decision notifications), 15 business days (show‑cause period), 20 business days for internal review and appeals (secs.12, 13(2), 17(2), 19(3), 41(1), 43(4))","Broad administrative discretion vested in MEDQ at several decision points (what to declare, permit conditions and securities, whether to change/suspend/cancel permits, whether to issue notices) with procedural checks (secs.6, 11–14, 17–22, 31)","Cross‑references to external standards and laws: Australian Standard AS 4373—2007 for pruning (sec.9); disapplication of Brisbane City Council local law (sec.4); transitional cross‑references to the repealed 2013 by‑law (pt.7)","Joint and several liability provisions for multiple permit holders and multiple landowners (secs.25, 35)","Financial enforcement mechanisms: MEDQ may carry out required works and recover costs as a debt (sec.36), and may require security up front (sec.14)","Appeal route with rehearing power and stay mechanisms (secs.42–46) which import court procedure and potential complexity"],"plain_english_summary":"**What this by‑law does (mechanics first)\n\n- Creates a local regulatory regime, applying only inside \"relevant priority development areas\" in the Brisbane local government area (a defined spatial scope) that: (a) lets the state agency MEDQ declare particular trees, groups of plants or areas of vegetation to be \"controlled vegetation\" (sec.6); (b) keeps a register of controlled vegetation (sec.7); (c) makes it an offence to interfere with controlled vegetation except in specified circumstances or with a permit (secs.8–9); (d) establishes a permit application, decision and conditions regime for authorised interference (pts.3, secs.10–17); (e) authorises a range of compliance tools — management notices, oral directions, compliance notices — and gives MEDQ powers to carry out work and recover costs if owners do not comply (pts.4–5, secs.27–36); and (f) preserves existing permits and applications from the earlier 2013 by‑law and repeals that by‑law (pt.7, secs.47–57).\n\n- The by‑law also removes the operation of Brisbane City Council’s \"Natural Assets Local Law 2003\" within the same priority development areas (sec.4), so MEDQ’s regime governs vegetation there.\n\nWho this affects\n\n- Private landowners in the specified priority development areas who have vegetation on their land (secs.3, 6). They face permit requirements, possible management or compliance notices, penalties (up to 20 penalty units for unauthorised interference or failing to comply with notices), and potential obligation to pay MEDQ costs if MEDQ has to do remedial work (secs.8, 28, 33, 36).  \n- Applicants who are not landowners (e.g. developers, contractors) — they must include landowner consent with permit applications (sec.10(3)).\n- Contractors, employees of government departments, local government employees/contractors and public utility providers are explicitly allowed to interfere with controlled vegetation in certain circumstances (sec.9).  \n- MEDQ (the administering agency) gains decision, notice and enforcement powers and discretion to impose conditions and require security for permits (secs.6, 11–14, 36).\n\nHow it works, step by step (practical mechanics)\n\n- MEDQ identifies and declares vegetation as \"controlled\" by giving notice to the landowner; that declaration must be followed by an information notice to the owner (sec.6). Declared items may be single trees, groups, species in an area or all vegetation in part of an area (sec.6(2)). (Declared items may be entered in a register (sec.7).)\n\n- Interfering with controlled vegetation is prohibited unless the person has a reasonable excuse, holds a controlled vegetation permit, or meets the express exemptions (sec.8). Exemptions include authorised persons, public service employees/contractors, local government workers, public utility providers, pruning to the Australian Standard AS 4373—2007, and emergency removal to respond to immediate and significant threat (sec.9).\n\n- To get a permit, an applicant must use the approved form and, if not the landowner, include the owner’s consent (sec.10). MEDQ must decide to grant or refuse and may request further information with at least 20 business days to respond; failure to provide information can permit MEDQ to refuse (secs.11–12).\n\n- MEDQ must consider the by‑law’s stated purposes (see below), environmental impacts and reasonable alternatives when deciding permit applications; permits may be conditional and MEDQ may require security (secs.13–14). MEDQ notifies applicants of decisions (secs.13(2), 14(2), 15).\n\n- MEDQ can change permit conditions after giving notice and an opportunity to make written representations (at least 20 business days), and can suspend or cancel permits for particular grounds (false information, breach of conditions, failure to comply with directions/notices) following a show‑cause process (secs.17–22).\n\n- For vegetation that is hazardous or identified as pest vegetation, authorised persons may serve management notices requiring action within at least 20 business days; failure to comply is an offence (secs.27–28).\n\n- If an owner does not do required work, MEDQ may carry out the work and recover costs as a debt; multiple owners can be jointly and severally liable (secs.35–36).\n\n- The by‑law gives a layered review and appeal process: internal review by MEDQ (20 business days to decide), then appeal to the court with rehearing powers; court stays are available to pause operation of decisions to protect review/appeal rights (pt.6, secs.37–46).\n\nOfficial purpose and then a quick test of effect (purposes stated, then implications)\n\n- The by‑law explicitly says its main purpose is to identify and manage vegetation in relevant priority development areas to: (a) maintain biodiversity; (b) preserve natural landforms; (c) preserve landscape character; or (d) protect historical, cultural heritage or public amenity values (sec.2). It says these aims are to be achieved by declaring controlled vegetation, regulating interference and regulating activity for other particular vegetation (sec.2(2)).\n\n- Tested against costs and incentives the by‑law creates:  \n  - Who pays: private landowners (and permit holders) bear direct compliance costs — permit application and condition compliance costs, potential requirement to give security (deposit/guarantee/insurance bond), costs of remediation if MEDQ acts and recovers costs (secs.10, 14, 34, 36).  \n  - Who decides and how much discretion they have: MEDQ holds the core discretion (what to declare, whether to grant permits, what conditions to impose, whether to change/suspend/cancel permits and to issue notices). That discretion is structured by procedural safeguards (information and show‑cause periods, internal review and appeal rights) but remains substantial in practical effect (secs.6, 11, 13, 17–22, pt.6).  \n  - Compliance burden and implementation risk: multiple notice types and fixed timeframes (20 business days for information requests and for MEDQ internal review; 10 business days for some decision notices; 15 business days for show‑cause) create administrative burdens for applicants and MEDQ (secs.12, 13(2), 17(2), 19(3), 41(1)). If MEDQ enforces by carrying out work, landowners face cost recovery as a debt (sec.36).  \n  - Effects on private enterprise and contracting: the by‑law permits public utilities, local government and public service employees and contractors to interfere with controlled vegetation in some circumstances (sec.9), which can reduce operational friction for those actors but leaves private developers and landowners subject to the permit regime. Requiring owner consent for third‑party applicants preserves owner control but may slow transactions (sec.10).  \n  - Risk of concentrated benefits and diffuse costs: the declared objectives (biodiversity, heritage, landscape character) create non‑market public benefits concentrated on the public or community; the costs (permit compliance, potential remediation) fall directly on individual landowners and permit holders — a typical regulatory allocation of costs and benefits (sec.2, secs.10–14, 34–36).  \n  - Rent‑seeking/capture risk and substitution effects: the by‑law centralises power in MEDQ to define protected vegetation and set conditions; that centralisation makes decision‑making a possible focus for advocacy by affected parties (developers, heritage/conservation groups). The by‑law contains procedural review and appeal rights (pt.6) that act as checks, but the core substantive discretion remains with MEDQ (secs.6, 11, 13, 41, 45).  \n  - Practical trade‑offs: preserving biodiversity and heritage (stated aims) is achieved by restricting landowner choices about vegetation, creating transaction and compliance costs for development and maintenance activities in the relevant areas.\n\nOther practical points, and where to look in the text\n\n- Penalties are capped at 20 penalty units for unauthorised interference and for failing to comply with notices (secs.8, 26, 28, 30, 33).  \n- MEDQ can require security (deposit, guarantee, insurance bond) to secure permit compliance (sec.14).  \n- The by‑law explicitly disapplies a Brisbane City Council local law within the same areas (sec.4) — that channels vegetation regulation in those areas to MEDQ.  \n- Transitional provisions keep existing permits, notices and current proceedings alive under the new scheme (secs.49–56)."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. It is a re-enactment of the 2013 by-law (which it repeals in s.47) with updated administrative procedures and transitional provisions. The scope remains focused on vegetation management within priority development areas in Brisbane, maintaining the same core purpose of protecting biodiversity, natural landforms, landscape character, and heritage values while facilitating economic development."},"complexity_factors":["Moderate length (57 sections) with detailed procedural requirements for permits, reviews, and appeals","Multiple defined terms including 'controlled vegetation', 'priority development area', 'MEDQ', 'information notice', and 'public utility provider'","Nested exceptions and exemptions: general prohibition on interference (s.8), then exceptions for permit holders (s.8(2)), then further exceptions for authorised persons, public servants, and emergency situations (s.9)","Cross-referencing between Parts: enforcement powers in Part 5 link back to permit conditions in Part 3 and offences in Part 2","Detailed administrative law procedures: show cause notices (s.19), internal review process (ss.39-41), court appeals (ss.43-46), and stays of decisions (ss.42, 44)","Transitional provisions (ss.48-57) mapping old 2013 by-law instruments to new 2023 equivalents","Joint and several liability provisions for multiple permit holders (s.25) and multiple landowners (s.35)"],"plain_english_summary":"This by-law is a set of rules made by the Queensland Government (specifically the Minister for Economic Development Queensland, or MEDQ) to protect trees and plants in certain fast-tracked development zones in Brisbane called 'priority development areas'.\n\n**What it does:**\n- **Identifies protected vegetation**: MEDQ can declare certain trees, plants, or areas of vegetation as 'controlled vegetation' that must be protected.\n- **Regulates what you can do**: It makes it illegal to damage, remove, or interfere with this protected vegetation unless you have a permit or a valid reason (like pruning properly or removing an immediate danger).\n- **Requires permits**: If you want to work on controlled vegetation, you need to apply to MEDQ for a 'controlled vegetation permit'. The permit can come with strict conditions about how, when, and what machinery you can use.\n- **Manages hazards**: It allows authorities to order landowners to deal with dangerous trees (fire risks, pests, or safety hazards) or pest plants.\n- **Enforces the rules**: Authorised officers can give verbal orders, issue formal compliance notices, and penalise people who break the rules (up to 20 penalty units, which is roughly $3,000+).\n- **Provides appeal rights**: If MEDQ refuses your permit or makes a decision you disagree with, you can ask for an internal review and then appeal to a court.\n\n**Who it affects:**\n- Landowners and developers in Brisbane's priority development areas (specific zones where the state government oversees development rather than just the local council).\n- Builders, contractors, and utility workers (water, electricity, telecoms) who need to work near vegetation.\n- The Brisbane City Council, whose usual vegetation protection rules (Natural Assets Local Law 2003) don't apply in these specific areas—this state by-law takes over instead.\n\n**Why it matters:**\nThis by-law balances urban development with environmental protection. It ensures that even in fast-tracked development zones, important trees and plants are protected for biodiversity, cultural heritage, and neighbourhood character. It replaces an older 2013 version and ensures existing permits and applications continue smoothly under the new rules."}},"importantCases":[],"_links":{"self":"/api/acts/economic-development-vegetation-management-by-law-2023","history":"/api/acts/economic-development-vegetation-management-by-law-2023/history","analysis":"/api/acts/economic-development-vegetation-management-by-law-2023/analysis","conflicts":"/api/acts/economic-development-vegetation-management-by-law-2023/conflicts","importantCases":"/api/acts/economic-development-vegetation-management-by-law-2023/important-cases","documents":"/api/acts/economic-development-vegetation-management-by-law-2023/documents"}}